Ohio Revised Code|Section 2152.83 | Juvenile sex offender registration at time of release from secure facility.

                                                
(A)(1) The court that adjudicates a child a delinquent child shall issue as part of the dispositional order or, if the court commits the child for the delinquent act to the custody of a secure facility, shall issue at the time of the child's release from the secure facility an order that classifies the child a juvenile offender registrant and specifies that the  child has a duty to comply with sections 2950.04, 2950.041,  2950.05, and 2950.06 of the Revised Code if all of the following  apply: 
(a) The act for which the child is or was adjudicated a delinquent child is a sexually oriented offense or a child-victim  oriented offense that the child committed on or after January 1,  2002.
(b) The child was sixteen or seventeen years of age at the time of committing the offense.
(c) The court  was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised  Code or as both a juvenile offender registrant and a public  registry-qualified juvenile offender registrant under section  2152.86 of the Revised Code.
(2) Prior to issuing the order required by division (A)(2) of this section, the judge shall conduct a hearing under  section  2152.831 of the Revised Code, except as otherwise provided  in  that section, to determine whether the child is a tier I sex  offender/child-victim offender, a tier II sex  offender/child-victim offender, or a tier III sex  offender/child-victim offender. When a judge issues an order under  division (A)(1) of this section, the judge shall include in the  order  the determinations identified in  division (B)(5) of section  2152.82 of the Revised Code.
(B)(1) The court that adjudicates a child a delinquent child,  on the judge's own motion, may conduct at the time of disposition  of the child or, if the court commits the child for the delinquent  act to the custody of a secure facility, may conduct at the time  of the child's release from the secure facility a hearing for the  purposes described in division (B)(2) of this section if all of  the following apply:
(a) The act for which the child is adjudicated a delinquent child  is a sexually oriented offense or a child-victim  oriented  offense that the child committed on or after January 1,  2002.
(b) The child was fourteen or fifteen years of age at the time of committing the offense.
(c) The court  was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised  Code or as both a juvenile offender registrant and a public  registry-qualified juvenile offender registrant under section  2152.86 of the Revised Code.
(2) A judge shall conduct a hearing under division (B)(1) of this section  to review the effectiveness of the disposition made of the child and of any treatment provided for the child placed in a secure setting and to determine whether the child should be classified a juvenile offender registrant. The judge may conduct  the hearing on the judge's own initiative or based upon a recommendation of an officer or employee of the department of youth services, a probation officer, an employee of the court, or a prosecutor or law enforcement officer. If the judge conducts the  hearing, upon completion of the hearing, the judge, in the judge's  discretion and after consideration of the factors listed in  division (E) of this section, shall do either of the following:
(a) Decline to issue an order that classifies the child a juvenile offender registrant and specifies that the child has a  duty to comply with sections 2950.04, 2950.041, 2950.05, and  2950.06 of the Revised Code;
(b) Issue an order that classifies the child a juvenile  offender registrant and specifies that the child has a duty to   comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of  the Revised Code and that states the determination that the judge  makes at  the hearing held pursuant to section 2152.831 of the  Revised Code  as to whether the child is a tier I sex  offender/child-victim  offender, a tier II sex  offender/child-victim offender, or a tier  III sex  offender/child-victim offender.
(C)(1) Prior to issuing an order under  division (B)(2)(b) of  this section, the  judge shall conduct a hearing under section  2152.831 of the  Revised Code to  determine whether the child is a  tier I sex  offender/child-victim  offender, a tier II sex  offender/child-victim offender, or a tier  III sex  offender/child-victim offender. The judge may hold the  hearing at  the same time as the hearing under division (B) of this  section.
(2) If a judge issues an order under division (A) or (B) of  this section and the court determines that the delinquent child to  whom the order applies is a tier III sex offender/child-victim  offender and the child is not a public registry-qualified juvenile  offender registrant, the judge may impose a requirement subjecting  the child to the victim and community notification provisions of  sections 2950.10 and 2950.11 of the Revised Code. If the judge  imposes a requirement subjecting the child to the victim and  community notification provisions of sections 2950.10 and 2950.11  of the Revised Code, the judge shall include the requirement in  the order.
(3) If a judge issues an order under division (A) or (B)  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.
The judge also shall include in the order a statement that, upon completion of the disposition of the delinquent child that was made for the sexually oriented offense or child-victim  oriented offense upon which the order is based, a hearing will be  conducted and the order is subject to modification or termination  pursuant to section 2152.84 of the Revised Code.
(D) In making a decision under division (B) of this  section as to whether a delinquent child should be classified a  juvenile   offender registrant, a judge shall consider all relevant factors,  including, but not limited to, all of the following:
(1) The nature of the sexually oriented offense or the  child-victim  oriented offense committed by the child;
(2) Whether the child has shown any genuine remorse or compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (K) of section  2950.11  of the Revised Code, provided that references in the factors as  set forth  in that division to "the offender" shall be construed  for purposes  of this division to be references to "the delinquent  child;"
(5) The factors set forth in divisions (B) and (C) of section 2929.12 of the Revised Code as those factors apply regarding the delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and of any follow-up professional assessment of the child.
(E) An order issued under division (A) or (B) 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 2152.84 of the Revised Code, and section  2152.851 of the Revised Code applies regarding the order and the  determinations. 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.
(F) If a court issues an order under division (A) or (B)  of  this section before January 1, 2008, not later than February 1,  2008, the court shall terminate the order and issue a new order  that reclassifies the child as both a juvenile offender registrant  and a public registry-qualified juvenile offender registrant  pursuant to section 2152.86 of the Revised Code if the court  imposed on the  child a serious youthful offender dispositional  sentence under  section 2152.13 of the Revised Code and if the act  that  was the basis of the classification of the delinquent child  as a  juvenile offender registrant and is the basis of the serious  youthful offender dispositional sentence is any of the following:
(1) Committing, attempting to commit, conspiring to commit,  or complicity in committing a violation of section 2907.02 of the  Revised Code, division (B) of section 2907.05 of the Revised Code,  or section 2907.03 of the Revised Code if the victim of the  violation was less than twelve years of age;
(2) Committing, attempting to commit, conspiring to commit,  or complicity in committing a violation of section 2903.01,  2903.02, or 2905.01 of the Revised Code that was committed with a  purpose to gratify the sexual needs or desires of the child.
(G) As used in this section, "secure facility" has the  same meaning as in section 2950.01 of the Revised Code.