2006 Ohio Revised Code - [2950.02.1] 2950.021.Determination removing presumptive exemption from registration.

[§ 2950.02.1] § 2950.021. Determination removing presumptive exemption from registration.
 

(A)  If an offender is convicted of or pleads guilty to, or a child is adjudicated a delinquent child for committing, any presumptive registration-exempt sexually oriented offense, the court that is imposing sentence on the offender for that offense or the juvenile court that is making the disposition of the delinquent child for that offense may determine, prior to imposing the sentence or making the disposition, that the offender should be subjected to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that the child potentially should be subjected to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense. The court may make a determination as described in this division without a hearing but may conduct a hearing on the matter. In making a determination under this division, the court shall consider all relevant factors, including, but not limited to, public safety, the interests of justice, and the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code. 

(B)  If a court determines under division (A) of this section that an offender who has been convicted of or pleaded guilty to a presumptive registration-exempt sexually oriented offense should be subjected to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that a delinquent child potentially should be subjected to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense, all of the following apply: 

(1) The court shall issue an order that contains its determination and that removes the presumptive exemption from registration for the sexually oriented offense, shall include the order in the offender's sentence or in the delinquent child's dispositional order, and shall enter the order in the record in the case. 

(2) Regarding an offender, the presumptive exemption from registration is terminated, and the offender is subject to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense. 

(3) Regarding a delinquent child, the presumptive exemption from registration is terminated, the delinquent child is potentially subject to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense, and the juvenile court shall proceed as required and may proceed as authorized under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code regarding the child in the same manner as for persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense. 
 

HISTORY: 150 v S 5, § 1, eff. 7-31-03.