Chapter 109:5-2 Registration of Sex Offenders; Notifications

109:5-2-01 Definitions.

(A) "Registrant" means an adult offender or delinquent child who has been convicted of, pleaded guilty to, or been adjudicated delinquent for committing a sexually oriented or child-victim oriented offense that is not a registration-exempt offense, and who has a duty to register pursuant to section 2950.04 or 2950.041 of the Revised Code.

(B) "Person subject to community notification" means a person listed under division (F)(1) of section 2950.11 of the Revised Code.

(C) "Person subject to victim notification" means a person listed under division (B)(1) of section 2950.10 of the Revised Code.

(D) "Adjacent" means next to, abutting, or bordering on.

(E) "BCI&I" means the bureau of criminal identification and investigation.

(F) All terms that are defined in section 2950.01 of the Revised Code have the same meanings when used in this chapter and in the forms prescribed by the attorney general pursuant to division (A) of section 2950.13 of the Revised Code.

Effective: 08/16/2010
R.C. 119.032 review dates: 06/01/2010 and 08/16/2015
Promulgated Under: 119.03
Statutory Authority: 2950.13(A)(2) , 2950.13(A)(10)
Rule Amplifies: 2950.11(A) , 2950.13(A)
Prior Effective Dates: 7/1/97, 4/13/02

109:5-2-02 Completion and transmittal of forms and information.

(A) Use of forms, forwarding, and/or transmittal to BCI&I:

(1) Notice of registration duties - The official, official's designee, judge, chief of police, or sheriff shall use the "Notice of Registration Duties of Sexually Oriented Offender or Child Victim Offender" form, or the "Notice of Registration Duties of Juvenile Offender Registrant" form, as appropriate, to provide notice to an offender or delinquent child under divisions (A)(1) to (A)( 6) of section 2950.03 of the Revised Code, and shall use the "BCI-7-97" form for the fingerprints, photograph, and other information required by division (C) of section 2950.03 of the Revised Code. The completed forms shall be mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn: SORN Administration, P.O. Box 365, London, OH 43140."

(2) Registration of residence, employment, and schooling information - The sheriff shall use the written registration form prescribed by the attorney general to obtain the information required by sections 2950.04 and 2950.041 of the Revised Code. The completed form shall be mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn: SORN Administration, P.O. Box 365, London, OH 43140." The sheriff shall additionally enter the information required by sections 2950.04 and 2950.041 of the Revised Code into the state registry created pursuant to division (A)(1) of section 2950.13 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(3) Change of address - The sheriff shall enter the information required by section 2950.05 of the Revised Code into the state registry created pursuant to division (A)(1) of section 2950.13 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(4) Periodic verification of current address - The sheriff shall use the written registration form prescribed by the attorney general to obtain the information required by section 2950.06 of the Revised Code. The sheriff shall additionally enter the information required by section 2950.06 of the Revised Code into the state registry created pursuant to division (A)(1) of section 2950.13 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(5) Notice of change or termination of juvenile offender registrant classification - If a judge or magistrate appointed by a juvenile judge issues an order classifying, modifying or terminating the classification of a juvenile as a juvenile offender registrant pursuant to division (B) of section 2152.83 of the Revised Code or division (A)(2) of section 2152.84 of the Revised Code, or issues an order pursuant to division (C)(2) of section 2152.85 of the Revised Code that reclassifies or declassifies a juvenile offender registrant in response to a petition filed pursuant to division (A)(1), (A)(2), or (A)(3) of section 2152.85 of the Revised Code, the judge or magistrate shall notify BCI&I by mailing a copy of the order to "Ohio Bureau of Criminal Identification and Investigation, attn: SORN Administration, P.O. Box 365, London, OH 43140."

(B) Transmittal of forms, fingerprints, photographs and other information to BCI&I - Except as specifically required above, all information that is required to be forwarded to BCI&I may be transmitted by electronic means, mail, or fax, all as determined by the superintendent of BCI&I.

Effective: 08/16/2010
R.C. 119.032 review dates: 06/01/2010 and 08/16/2015
Promulgated Under: 119.03
Statutory Authority: 2950.13(A)(2) , 2950.13(A)(10) , 2950.13(A)(8)
Rule Amplifies: 2152.84 , 2152.85 , 2950.03 , 2950.04 , 2950.05 , 2950.06
Prior Effective Dates: 7/1/97, 4/13/02

109:5-2-03 Community notification.

(A) As used in this chapter, and in section 2950.11 of the Revised Code, "Specified Geographical Notification Area" means the school district, as classified and defined in Chapter 3311. of the Revised Code, within which the person who is subject to community notification pursuant to section 2950.11 of the Revised Code, resides, is employed, or attends a school or institution of higher education.

(B) If any registered residence, employment, school, or institution of higher education address of the person subject to community notification pursuant to section 2950.11 of the Revised Code is located within one mile of an adjacent school district, the sheriff with whom the registrant has most recently registered any such address may, in the interest of public safety, provide a written notice within seven days to any persons described in divisions (A)(2) to (A)(8) of section 2950.11 of the Revised Code who are located within such adjacent school district.

(C) Unless otherwise specified, any requirement in section 2950.11 of the Revised Code that a sheriff provide written notice within a specified time period is met if the notice is placed in the mail within the specified time period.

(D) In any county where a registrant does not reside, but does register an address of employment, school, or institution of higher learning, the sheriff of that county, in order to comply with division (A) of section 2950.11 of the Revised Code, is only required to send the notices listed in divisions (A)(2) to (A)(8) of section 2950.11 of the Revised Code.

Effective: 08/16/2010
R.C. 119.032 review dates: 06/01/2010 and 08/16/2015
Promulgated Under: 119.03
Statutory Authority: 2950.11(A) , 2950.11(B) , 2950.11(C) , 2950.13(B)
Rule Amplifies: 2950.081(B) , 2950.13(A)(9) , 2950.11(A) , 2950.11(D) ,
2950.11(E) Prior Effective Dates: 7/1/97, 4/13/02

109:5-2-04 School and child care facility's use of sex offender and juvenile sex offender registrant information.

(A) This rule is intended to assist in the dissemination of information regarding persons subject to community notification.

(B) The executive director of each public children service agency who receives information from the sheriff concerning a person subject to community notification may disseminate said information to employees who are responsible for placing children, investigating allegations of abuse, neglect or dependency or whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the executive director of the agency if the person subject to community notification is observed in the vicinity of the agency or in the vicinity of any children with whom the agency is involved unless the observed person subject to community notification is a juvenile offender registrant being served by the agency. The executive director shall notify the local law enforcement agency if, in the judgment of the executive director, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(C) Each superintendent or supervising, appointing or hiring officer listed in divisions (A)(3) and (4) of section 2950.11 of the Revised Code who receives information from the sheriff concerning a person subject to community notification may disseminate said information to employees whose duties include supervision of or responsibility for students. Employees who receive said information shall be instructed to promptly notify the superintendent or the appointing or hiring officer if the person subject to community notification is observed in the vicinity of the school unless the person subject to community notification is a juvenile offender registrant currently attending the school. The superintendent or the appointing or hiring officer shall notify the local law enforcement agency if, in the judgment of the superintendent or of the supervising, appointing or hiring officer, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.

(D) The director, head teacher, or elementary principal of the licensed preschool program, who receives information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the director, head teacher, or elementary principal of the licensed preschool program if the person subject to community notification is observed in the vicinity of the program unless the person subject to community notification is a juvenile offender registrant currently attending the preschool program. The director, head teacher, or elementary principal of the licensed preschool program shall notify the local law enforcement agency if, in the judgment of the director, head teacher or principal, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(E) The administrator of each child day-care center or type A family day-care home and the provider of each certified type B family day-care home, who receive information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the administrator or provider if the person subject to community notification is observed in the vicinity of the center or home. The administrator or provider shall notify the local law enforcement agency if, in the judgment of the administrator or provider, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(F) The president or other chief administrative officer of each institution of higher education, who receives information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties include supervision of or responsibility for students. Employees who receive said information shall be instructed to promptly notify the president or other chief administrative officer if the person subject to community notification is observed on the property of the institution of higher education unless the person subject to community notification is currently attending the institution of higher education. The president or other chief administrative officer shall notify the local law enforcement agency if, in the judgment of the president or the chief administrative officer, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.

(G) The director, head teacher, or elementary principal of the licensed preschool program, the administrator of each child day-care center and type A family day-care home, the provider of each certified type B family day-care home, the executive director of each public children service agency, the president or other chief administrative officer of each institution of higher education, the superintendent of each board of education of each school district, and the appointing or hiring officer of each chartered non-profit school who receive information from the sheriff concerning a person subject to community notification may:

(1) inform parents, guardians, and adult students only that they have received notice that a person subject to community notification is residing, employed, or attending a school or institution of higher education within the specified geographical notification area and that certain information concerning the registrant is a public record and is open to inspection, under section 149.43 of the Revised Code, at the office of the sheriff with whom the registrant has registered, and on the state and local internet databases established by the attorney general and the sheriff, and;.

(2) direct inquiries from parents, guardians, and adult students to the office of the sheriff with whom the person subject to community notification has registered, and;

(3) disseminate any other public record in their possession concerning the registrant.

R.C. 119.032 review dates: 06/01/2010 and 05/31/2015
Promulgated Under: 119.03
Statutory Authority: 2950.13(A)(9)
Rule Amplifies: 2950.13(a)(9) , 2950.11(A) , 2950.11(E)
Prior Effective Dates: 7/1/1997, 4/13/2002, 12/9/2004

109:5-2-05 Victim notification.

(A) Offender or delinquent child sentenced to serve term of imprisonment in the department of rehabilitation and correction or department of youth services.

(1) If a person subject to victim notification pursuant to section 2950.10 of the Revised Code was has been sentenced to serve a term of imprisonment in the Ohio department of rehabilitation and correction, a victim person who desires notification of the person's registration as a sexually oriented or child-victim oriented offender shall send a request in writing to the "Office of Victim Services, Ohio Department of Rehabilitation and Correction, 1050 Freeway Drive North, Columbus, Ohio 43229." The request must include the victim's name and address, the offender's name, and the county where the conviction occurred, and may include the victim's telephone number. The request may also include the offender's inmate number, the date or approximate date of conviction and the crime for which the offender was convicted. The victim is responsible for informing the department of rehabilitation and correction in writing of any changes in the victim's address.

(2) If a delinquent child subject to victim notification pursuant to section 2950.10 of the Revised Code has been sentenced to serve a term of imprisonment in the Ohio department of youth services, a victim of said person who desires notification of the delinquent child's registration as a sexually oriented or child-victim oriented offender shall send a request in writing to the "Office of Victim Services, Ohio Department of Youth Services, 51 North High Street, Suite 601, Columbus, Ohio 43215." The request must include the victim's name and address, the delinquent child's name, and the county where the adjudication occurred, and may include the victim's telephone number. The request may also include any identifying number used by the department to identify the delinquent child, the date or approximate date of the adjudication of delinquency and the offense for which the delinquent child was adjudicated delinquent. The victim is responsible for informing the department of youth services in writing of any changes in the victim's address.

(3) Upon receipt of a victim's written request for notification, the department of rehabilitation and correction or department of youth services shall maintain that request in the appropriate file. When the offender or delinquent child, in preparation for release, informs the department of the their anticipated county of residence, the department shall send the victim written notice, by regular mail, of the county where the offender or delinquent child intends to reside, the address of that county's sheriff, and the date by which the offender or delinquent child must register. The department shall make reasonable and diligent attempts to mail this notice at least a week prior to the offender's or delinquent child's release. If that letter comes back to the department as undeliverable, the department shall have no further responsibilities to notify the victim.

(B) Offender or delinquent child not sentenced to serve term of imprisonment in the department of rehabilitation and correction or department of youth services.

(1) If a person subject to victim notification was not sentenced to serve a term of imprisonment in the Ohio department of rehabilitation and correction or committed to the department of youth services, a victim of said person subject to victim notification who desires notification of the offender's or delinquent child's registration shall send a request in writing to the sentencing judge within seven days of the registrant being sentenced or adjudicated delinquent. The request must include the victim's name and address, the offender's or delinquent child's name and the case docket number. The victim is responsible for informing the sentencing judge or juvenile judge of any changes in the victim's address.

(2) If the person subject to victim notification was sentenced to serve a term of imprisonment at a facility other than one operated by the department of rehabilitation and correction or the department of youth services, the sentencing judge, juvenile judge or said judge's designee shall maintain the victim's written request for notification until the registrant is to be released. When the registrant, prior to release, has completed the "Notice of Registration Duties of Sexually Oriented Offender or Child Victim Offender" form, or "Notice of Registration Duties of Juvenile Offender Registrant" form, the sentencing judge, juvenile judge or said judge's designee shall, within five days, send the victim written notice, by regular mail, of the county where the registrant intends to reside, the address of that county's sheriff, and the date by which the registrant must register. If that letter comes back to the sentencing judge, juvenile judge or said judge's designee as undeliverable, the sentencing judge or juvenile judge shall have no further responsibilities to notify the victim.

(3) If the person subject to victim notification was not sentenced to a term of confinement in any institution, the sentencing judge, juvenile judge or said judge's designee shall, within five days of receiving the victim's written request for notification, send the victim written notice, by regular mail, of the county where the registrant intends to reside, the address of that county's sheriff, and the date by which the registrant must register. If that letter comes back to the sentencing judge, juvenile judge or said judge's designee as undeliverable, the sentencing judge or juvenile judge shall have no further responsibilities to notify the victim.

(C) Upon receiving notice of the county where the registrant intends to reside from either the department of rehabilitation and correction, the department of youth services or the sentencing judge, juvenile judge or said judge's designee, or at any time thereafter whether or not the victim has previously requested notice, the victim may send a request for victim notification, in writing, to the sheriff of any county where the registrant is registered. The request must identify the writer as a victim and include the victim's name and address, the registrant's name, and a request for the notices described in section 2950.10 of the Revised Code. If known to the victim, it may also include the date by which the registrant is to register at the sheriff's office.

(D) The sheriff shall send the victim all required notifications by regular mail within five days of the notification to the sheriff of an event requiring victim notification. If the registrant registers before the sheriff receives the victim's written request for notification, the sheriff shall send the current victim notification information within five days of receipt of the victim's written request. The victim is responsible for informing the sheriff of any changes in the victim's address. If any letter, sent to the victim, is returned undeliverable, the sheriff shall have no further responsibilities to notify the victim. Information regarding the victim, that is kept by the sheriff from or as a result of the victim's request for notification, is confidential and not a matter of public record, pursuant to division (A)(4) of section 2950.10 of the Revised Code.

(E) Unless otherwise specified, any requirement in section 2950.10 of the Revised Code that a government agency or official provide or send written notice within a specified time period is met if the notice is placed in the mail within the specified time period.

R.C. 119.032 review dates: 06/01/2010 and 05/31/2015
Promulgated Under: 119.03
Statutory Authority: 2950.13(A)(3)
Rule Amplifies: 2950.10(a) , 2950.10(B)
Prior Effective Dates: 7/1/97, 4/13/02, 12/9/04

109:5-2-06 Lists to be compiled, maintained, and updated.

(A) The department of education shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each school district, by county, and the name of the superintendent of the board of education of each school district, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each chartered nonpublic school, by county, and the name of the appointing or hiring officer of each chartered nonpublic school, and the fax number of said individual, if one is available;

(3) The name, address and telephone number of each licensed preschool program, by county, and the name of the director, head teacher or elementary principal of each preschool program, and the fax number of said individual, if one is available.

(B) The Ohio board of regents shall compile, maintain, and update in January and July of each year the name, address and telephone number of each state institution of higher education as defined in section 3345.011 of the Revised Code, each private non-profit college or university located in this state possessing a certificate of authorization from the Ohio board of regents pursuant to Chapter 1713. of the Revised Code and each school certified under Chapter 3332. of the Revised Code, by county, and the name of its president or other chief administrative officer, and the fax number of said individual, if one is available.

(C) The department of job and family services shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each child day-care center, type A family day-care home, and certified type B family day-care home, by county, and the name of the administrator or provider of the center or home, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each public children services agency and the name of the executive director at each agency, and the fax number of said individual, if one is available.

(D) The department of education, the board of regents, and the department of job and family services shall provide the compiled, maintained, and updated information to a sheriff or a sheriff's designee when requested. This information may be requested by telephone, mail, fax, electronically or in person. The sheriff or the sheriff's designee may make an on-going request for such information, and, if an on-going request is made, the information shall be provided each time it is up-datedupdated, without requiring subsequent requests. For purposes of this paragraph, the county sheriffs may designate an individual or association to request or receive the information. If a designee obtains the requested information, it shall, as soon as administratively possible, forward that information to the appropriate county sheriff.

R.C. 119.032 review dates: 06/01/2010 and 05/31/2015
Promulgated Under: 119.03
Statutory Authority: 2950.13(A)(2)
Rule Amplifies: 2950.11(g) , 2950.13(A)(2)
Prior Effective Dates: 7/1/97, 4/13/02, 12/9/04