Friday, June 21, 2013

Bills Addressing Juvenile Aspects of Ohio Criminal/ Sex Offender Registration-Notification Law

Ohio Senator Bill Seitz last week introduced two bills seeking revisions to juvenile aspects of state criminal law and sex offender registration-notification statutes, both now before the Senate Criminal Justice Committee, having had their first hearings.

Senate Bill 143 is essentially concerned with juvenile records and their sealing, community alternative sentencing centers, and issues involving delinquent children at least 18 but younger than 21 held in adult detention facilities.

Senate Bill 144 ‘s proposals seek “to adjust the provisions of Ohio’s Sex Offender Registration and Notification Law to reflect decisions of the Ohio Supreme Court in Hyle v. Porter (2008), 117 Ohio St.3d 165; State v. Bodyke (2010), 126 Ohio St.3d 266; State v. Williams (2011), 129 Ohio St.3d 344; In re C.P. (2012), Slip Opinion No. 2012-Ohio-1446, State ex rel. Jean-Baptiste v. Kirsch (2012), Slip Opinion No. 2012-Ohio-5697, and State v. Howard (2012), Slip Opinion No. 2012-Ohio-5738

Again, the principal orientation here is centered on juvenile aspects, including amendments to Revised Code sections dealing with:
• Delinquent children - juvenile traffic offender definitions (2152.02), Motions to invoke adult portion of dispositional sentence (2152.14),

• Delinquent child subject to sex offender registration and notification law (2152.191), Child committed to legal custody of department of youth services; judicial release (2152.22), Juvenile sex offender registration as part of dispositional order (2152.82), Juvenile sex offender registration at time of release from secure facility (2152.83), Juvenile sex offenders tier classification hears (2152.831), Hearing to review effectiveness of disposition and of any treatment (2152.84), Petitions for reclassification or declassification (2152.85) and the Effect of re-designation of an offense (2152.851).

Specific Sex Offender Registration and Notification statutes being addressed are:

• Definitions sexual predator, habitual sex offender, sexually oriented offender (2950.01),

• Sexually oriented child-victim offenses (2950.011),

• Exchange or release relevant information about sexual predators and habitual sex offenders (2950.02),

• Notice of duty to register and periodically verify information (2950.03), Duty to register form (2950.04),

• Tier-classification of registered sex offenders (2950.031), Tier-classification of incarcerated sex offenders (2950.032)

• Continuing duty to comply with terminated provisions (2950.033), Personal registration with sheriff (2950.041), Notification of attorney general of delayed registration (2950.043), Notice of residence address change (2950.05), Periodic verification of current residence address (2950.06), Commencement date for duty to register (2950.07), Public inspection of information and records in possession of sheriff (2950.081),

• Prohibiting offender from establishing residence near school (2950.034), Notifying victim of sexually oriented offense of registration (2950.10),

• [Effective 1/1/2014] Notice of identity and location of offender in specified geographical notification area (2950.11), [Effective Until 1/1/2014] [Effective 1/1/2014] State registry of sex offenders - duties of attorney general. (2950.13),

• Database link to current information on offenders (2950.131), Department of rehabilitation and correction to provide information prior to release (2950.14), Termination of duty to comply with sex registration laws (2950.15),

• and Penalties (2950.99)
The Ohio Legislative Service's analyses of Senate Bill 143 and Senate Bill 144 as introduced are here.

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