If the judge determines that the child has previously
been adjudicated a delinquent child for committing a sexually
oriented offense, the judge shall specify in the offender’s
sentence and the judgment of conviction that contains the sentence
or in the delinquent child’s classification that the judge has
determined that the offender is a habitual sex offender subject to
the community notification provisions regarding the offender’s
place of residence.
Sexual Predator
A child is classified as a sexual predator if any
of the following apply:
The offender is convicted of or pleads guilty to committing a
sexually oriented offense that is a sexually violent offense and
also is convicted of or pleads guilty to a sexually violent
predator specification that was included in the indictment, count
in the indictment, or information that charged the sexually
violent offense;
The offender is sentenced for a sexually oriented offense and
the sentencing judge determines from considering the factors
described above in the habitual sexual offender definition
that
the child is a sexual predator; and
The child was 14 years of age or older and has been classified
a sexual offender registrant (requiring that there had been a
previous adjudication for a sexually oriented offense).
Factors to be considered include:
In making a determination whether a delinquent child should
be classified as a juvenile sex offender registrant and, if so,
whether the child also is a sexual predator or a habitual sex
offender, the judge shall consider all relevant factors
including:
the nature of the sexually oriented offense
any remorse by the child
the public interest and safety
The child’s age
The prior criminal or delinquency record
The age of the victim
whether there were multiple victims
whether drugs or alcohol were used
whether the juvenile had committed criminal acts previously
any mental illness or mental disability
whether cruelty was used by the child
any additional behavior characteristics that
contributed to the conduct of the child.
At the Dispositional Hearing
At the time of adjudication for a sexually oriented offense,
the judge shall issue an order that
classifies the child a juvenile sex offender
registrant. The judge shall include in the order any
determination that the delinquent child is a sexual predator or a
habitual sex offender that the judge made.
The judge shall also include in the order a statement that upon
completion of the disposition, a hearing will be conducted and the
order and any determinations in the order are
subject to modification or termination at that hearing. If
the juvenile judge was not required to classify the child a
juvenile sex offender registrant at time of disposition, upon the
child’s discharge or release from a secure facility or at the time
of disposition if the judge does not commit the child to a secure
facility, the juvenile judge who adjudicated the child may on the
judge’s own motion, conduct a hearing to review the effectiveness
of the disposition and of any treatment provided and to determine
whether the child should be classified a juvenile sex offender
registrant,. In addition, the judge can classify the child a
sexual predator or a habitual sex offender whichever is
applicable, therefore, subjecting the child to community
notification provisions.
The judge can decline to issue an order that classifies
the child a juvenile sex offender registrant.
The level of proof at the hearing on a sexual predator
classification is clear and convincing evidence. If the
child is not found to be a sexual predator, he/she can be found to
be a habitual sex offender, if this adjudication is for a sex
offense and there had been a previous adjudication for a sex
offense.
The child may file a petition to find that the child is no
longer a juvenile sexual offender registrant three years after the
entry of the juvenile court after the mandatory hearing. A second
petition may be filed three years after the judge has entered an
order deciding the most recent petition. The next petition
must wait five years. If the child is not classified as either a
sexual predator or a habitual sex offender, the order is in effect
for ten years. If the juvenile sex offender registrant is
classified as a sexual predator the order is in effect for life;
if the juvenile sex offender registrant is classified as a
habitual sex offender the order is in effect for 20 years.
If the child is placed in a secure facility with a
classification of juvenile sex offender registrant, habitual sex
offender or sexual predator, one year after release or discharge
from the secure facility, the child may request a hearing to
reconsider the classification.
The judge at the mandatory hearing can change the
classification from sexual predator to habitual sex offender or to
juvenile sex offender registrant. Sexual predators can only step
down one classification. A habitual sex offender can be
completely declassified at one hearing.
If the child is adjudicated delinquent for a sexual oriented
offense, committed to ODYS and not given a classification of
sexual predator or habitual sex offender, a hearing will be held
upon release or discharge from the secure facility to determine
the classification of the child. His/her progress in the
“treatment program” will be considered in the determination.
Out of State Juvenile Sex Offender Registrant
A child classified as a juvenile sex offender registrant
from another state, federal court, military court or an Indian
tribal court, domiciled in this state, may petition the Court of
Common Pleas or a juvenile court of the county in which the child
resides to enter a determination that the child is not an
adjudicated sexual predator in this state for purposes of the
registration requirements. The judge can enter a determination
that the child is not a juvenile sexual predator in this state
only by clear and convincing evidence that the classification is
not substantially similar to a classification of a sexual predator
for purposes of this chapter.
Registration Requirements
The judge shall provide the notice to the delinquent child at
the time of the adjudication that informs the offender or
delinquent child of the duty to register, if the child is
designated a Juvenile Sex Offender Registrant. The judge shall
require the delinquent child and the delinquent child’s parent,
guardian or custodian to read and sign a form stating that the
delinquent child’s duties to register, to register a new residence
address and to periodically verify a residence address have been
explained.
Each delinquent child who is adjudicated a delinquent child for
committing a sexually oriented offense shall register at the
following time and with the following official:
within 7 days of the child coming into the county after release
from ODYS the child shall register with the sheriff of the
county. If the delinquent child has been adjudicated as a
sexual predator, the license plate number of each motor vehicle
the offender owns and of each motor vehicle registered in the
offender’s or delinquent child’s name will be registered
If the judge who sentenced the offender or made the disposition
for the delinquent child determined that the child is a habitual
sex offender, the delinquent child’s duty to comply with the
registration continues for 20 years. If the judge determines
that the child is a sexual predator, registration continues until
death. If the child is not designated a sexual predator nor
an habitual sex offender, registration continues for 10 years.
A second adjudication or conviction for a sex
offense means registration continues consecutively. At
that hearing all of the following will be done:
review the effectiveness of the disposition and any
treatment
determine whether the classification of the child as a sexual
predator or habitual sex offender (if designated) should be
modified or terminated
determine whether the classification of the child as a juvenile
sex offender registrant should be modified or terminated
determine whether the child should be classified as a sex
offender registrant, if not classified at time of disposition.
The judge can only determine that the child is no longer a
sexual predator by determining at the hearing through clear and
convincing evidence that the child is unlikely to commit a
sexually oriented offense in the future.
At the expiration of the applicable period of time specified in
the legislation, the child may petition the judge who made the
classification to reconsider the classification of juvenile sex
offender registrant, a sexual predator or habitual sex offender.
The judge may deny the petition or determine if an order that
reclassifies or declassifies the child. should be issued.
Any statements, information, photographs or fingerprints
required for registration, become public records open to public
inspection.
Who Should be Notified
Notification shall include (if the child is adjudicated for a
sexually oriented offense and designated a sexual predator or
habitual sex offender)
all occupants of the residence adjacent to the offender’s
residence
the public children’s service agency
the superintendent of each school board with schools within the
geographic area
the principal of the school the delinquent child attends
the appointing authority of the chartered non-public school the
child attends
the appointing authority of the chartered non-public school
that the child attends
the administrator of each pre-school in the geographical
area
the administrator of each pre-school in the county
the administrator of each school of higher education
the sheriff of each county that includes any portion of the
geographical area
the other law enforcement officers in the county.
If the child is a juvenile sex offender registrant and has not
been classified as either a sexual predator or an habitual
juvenile sex offender, the child must notify the sheriff of the
county in which he/she is domiciled within seven days of returning
to that county or moving into the county.
Information to be Provided by ODYS
Prior to releasing a child who is in the custody of ODYS and
who has been adjudicated a delinquent child for committing a
sexually oriented offense, ODYS shall provide all of the
information described in this bill to the Bureau of Criminal
Identification and Investigation regarding the delinquent
child. The information to be included is:
The child’s name and aliases
All identifying factors concerning the child
The anticipated future residence
The delinquency history
Whether the child was treated for a mental abnormality or
personality disorder while incarcerated
All other information that the Bureau indicates is relevant and
that the Department possesses.
Required Treatment of the Child
An amendment was added to the Senate bill prior to passage that
requires the Court that is ordering a commitment of a child
adjudicated delinquent for a sexually oriented offense, to order
ODYS to provide” treatment that is appropriate for persons who
commit such offenses and that is intended to ensure that they do
not commit sexually oriented offenses in the future”.
In addition, a subsequent amendment states that if the child is
adjudicated for a sexually oriented offense and is placed in the
custody of any person, organization or entity, the Court in the
dispositional order shall inform the person, organization or
entity that the child be provided treatment as stated above.
Sexually Oriented Offenses
Sexually oriented offense means any of the following offenses
:
a violation of section 2907.02, (rape - F1); 2907.03 (Sexual
battery - F3 or 2907.05 (Gross Sexual Imposition - F4)
Any of the following offenses involving a minor: a violation of
section 2905.01 (kidnapping - F1), 2905.02 (abduction - F3),
2905.04 (Child Stealing - F4/F1), 2905.05 (Criminal Child
Enticement -F4 or 2907.04 (Unlawful sexual conduct - F4) when the
victim of the offense is under 18
a violation of section 2907.21 (Compelling prostitution -F3)
when the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under 18
a violation of division (A) (1) or (3) of section 2907.321
(Pandering obscenity involving a minor - specifically
create, publish any obscene material involving a minor - F2) or
2907.322 (Pandering sexually oriented material involving a minor -
F2). In order for there to be a pandering offense the defendant
must be 4 years or more older than the victim.
a violation of division (A) (1) or (2) of section 2907.323
(Illegal use of a minor in nudity oriented material or
performance, specifically photographing a minor nude who is not
the individual’s child or ward - F2)
a violation of division (B) of section 2919.22
(Endangering children -F2) when the child is under 18,
specifically torture, abuse, etc. of a child)
a violation of section 2903.01 (aggravated murder), 2903.02
(murder), 2903.11 (Felonious assault - F2) or 2905.01 (kidnapping
- F1) or division (A) of section 2903.04 (involuntary manslaughter
- F1/F3) that is committed with a purpose to gratify the sexual
needs or desires of the offender
a sexually violent offense
a violation of any former law of this state that was
substantially equivalent to the above
a violation of an existing or former municipal ordinance or law
of another state of US, a violation under the law applicable in a
military court, or a violation under the law applicable in an
Indian tribal court that is substantially equivalent to any of the
above offenses.
An attempt to commit, conspiracy to commit or complicity in
committing any of the above offenses
The following amendment was added in the House:
An act committed by a person under 18 years of age that
is any of the following:
Except for the violations specifically described in the next
paragraph, any violation listed above that, if committed by an
adult, would be a felony of the first, second, third, or fourth
degree;
aggravated murder, murder, felonious assault, kidnapping,
involuntary manslaughter (F1)
that is committed with a purpose to gratify the sexual needs of
the child; or an attempt to violate any of these offenses;
pandering obscenities involving a minor (F2), pandering sexually
oriented material involving a minor (F2), illegal use of a minor
in nudity oriented material involving a minor (F2) or an attempt
to violate any of these offenses, if the person who violates or
attempts to violate the section is four or more years older than
the minor who is a victim of the offense.
Internet posting of information
The sheriff shall disseminate by the internet information about
registered juvenile sex offenders, habitual sex offenders and
sexual predators. This is restricted to juveniles
adjudicated for only the following sex offenses: violations of or
attempts to commit aggravated murder, murder, or kidnapping (F1)
with a purpose to gratify the sexual needs of the juvenile; or
violations of or attempts to commit rape (F1).
