2006 Ohio Revised Code - 2152.84. Hearing upon completion of disposition on whether to continue classification or determination.

§ 2152.84. Hearing upon completion of disposition on whether to continue classification or determination.
 

(A) (1)  When a juvenile court judge issues an order under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code that classifies a delinquent child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code, upon completion of the disposition of that child made for the sexually oriented offense that is not a registration-exempt sexually oriented offense or the child-victim oriented offense on which the juvenile offender registrant order was based, the judge or the judge's successor in office shall conduct a hearing to review the effectiveness of the disposition and of any treatment provided for the child, to determine the risks that the child might re-offend, and to determine whether the prior classification of the child as a juvenile offender registrant and, if applicable, as a sexual predator or child-victim predator or as a habitual sex offender or habitual child-victim offender should be continued, modified, or terminated as provided under division (A)(2) of this section. 

(2) Upon completion of a hearing under division (A)(1) of this section, the judge, in the judge's discretion and after consideration of the factors listed in division (E) of section 2152.83 of the Revised Code, shall do one of the following, as applicable: 

(a) Enter an order that continues the classification of the delinquent child made in the prior order issued under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code, and any sexual predator, child-victim predator, habitual sex offender, or habitual child-victim offender determination included in the order; 

(b) If the prior order was issued under section 2152.82 or division (A) of section 2152.83 of the Revised Code and includes a determination by the judge that the delinquent child is a sexual predator or child-victim predator, enter, as applicable, an order that contains a determination that the child no longer is a sexual predator, the reason or reasons for that determination, and either a determination that the child is a habitual sex offender or a determination that the child remains a juvenile offender registrant but is not a sexual predator or habitual sex offender, or an order that contains a determination that the child no longer is a child-victim predator, the reason or reasons for that determination, and either a determination that the child is a habitual child-victim offender or a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender; 

(c) If the prior order was issued under section 2152.82 or division (A) of section 2152.83 of the Revised Code and does not include a sexual predator or child-victim predator determination as described in division (A)(2)(b) of this section but includes a determination by the judge that the delinquent child is a habitual sex offender or a habitual child-victim offender, enter, as applicable, an order that contains a determination that the child no longer is a habitual sex offender and a determination that the child remains a juvenile sex offender registrant but is not a habitual offender, or an order that contains a determination that the child no longer is a habitual child-victim offender and a determination that the child remains a juvenile offender registrant but is not a habitual child-victim offender; 

(d) If the prior order was issued under division (B) of section 2152.83 of the Revised Code and includes a determination by the judge that the delinquent child is a sexual predator or child-victim predator, enter, as applicable, an order that contains a determination that the child no longer is a sexual predator, the reason or reasons for that determination, and either a determination that the child is a habitual sex offender, a determination that the child remains a juvenile offender registrant but is not a sexual predator or habitual sex offender, or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a child-victim predator, the reason or reasons for that determination, and either a determination that the child is a habitual child-victim offender, a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender, or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code; 

(e) If the prior order was issued under division (B) of section 2152.83 of the Revised Code and does not include a sexual predator or child-victim predator determination as described in division (A)(2)(d) of this section but includes a determination by the judge that the delinquent child is a habitual sex offender or habitual child-victim offender, enter, as applicable, an order that contains a determination that the child no longer is a habitual sex offender and either a determination that the child remains a juvenile offender registrant but is not a sexual predator or habitual sex offender or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a habitual child-victim offender and either a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code; 

(f) If the prior order was issued under division (B) of section 2152.83 of the Revised Code and does not include a sexual predator or child-victim predator determination or a habitual sex offender or habitual child-victim offender determination as described in divisions (A)(2)(d) and (e) of this section, enter, as applicable, an order that contains a determination that the delinquent child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the delinquent child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code. 

(B)  If a judge issues an order under division (A)(2)(a) of this section that continues the prior classification of the delinquent child as a juvenile offender registrant and any sexual predator or habitual sex offender determination included in the order, or that continues the prior classification of the delinquent child as a juvenile offender registrant and any child-victim predator or habitual child-victim offender determination included in the order, the prior classification and the prior determination, if applicable, shall remain in effect. 
 

A judge may issue an order under division (A)(2) of this section that contains a determination that a child no longer is a sexual predator or no longer is a child-victim predator only if the judge, in accordance with the procedures specified in division (D)(1) of section 2950.09 of the Revised Code regarding a sexual predator, determines at the hearing by clear and convincing evidence that the delinquent child is unlikely to commit a sexually oriented offense in the future, or the judge, in accordance with the procedures specified in division (D)(1) of section 2950.091 [2950.09.1] of the Revised Code regarding a child-victim predator, determines at the hearing by clear and convincing evidence that the delinquent child is unlikely to commit a child-victim oriented offense in the future. If the judge issues an order of that type, the judge shall provide the notifications described in division (D)(1) of section 2950.09 or 2950.091 [2950.09.1] of the Revised Code, whichever is applicable, and the recipient of the notification shall comply with the provisions of that division. 
 

If a judge issues an order under division (A)(2) of this section that otherwise reclassifies the delinquent child, the judge shall provide a copy of the order to the bureau of criminal identification and investigation, and the bureau, upon receipt of the copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 [2950.04.1] of the Revised Code of the reclassification. 

(C)  If a judge issues an order under any provision of division (A)(2) of this section, the judge shall provide to the delinquent child and to the delinquent child's parent, guardian, or custodian a copy of the order and a notice containing the information described in divisions (A) and (B) of section 2950.03 of the Revised Code. The judge shall provide the notice at the time of the issuance of the order and shall comply with divisions (B) and (C) of that section regarding that notice and the provision of it. 

(D)  In making a decision under division (A) of this section, a judge shall consider all relevant factors, including, but not limited to, the factors listed in division (E) of section 2152.83 of the Revised Code. 

(E)  An order issued under division (A)(2) of this section and any determinations included in the order shall remain in effect for the period of time specified in section 2950.07 of the Revised Code, subject to a modification or termination of the order under section 2152.85 of the Revised Code, and section 2152.851 [2152.85.1] of the Revised Code applies regarding the order and the determinations. If an order is issued under division (A)(2) of this section, the child's attainment of eighteen or twenty-one years of age does not affect or terminate the order, and the order remains in effect for the period of time described in this division. 
 

HISTORY: 149 v S 3 (Eff 1-1-2002); 149 v H 393. Eff 7-5-2002; 150 v S 5, § 1, eff. 7-31-03.

 

Effect of Amendments

S.B. 5, Acts 2003, effective July 31, 2003, rewrote the section.