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SEX OFFENDER
RELEASE/REGISTRATION POLICY AND PROCEDURES
I.
POLICY
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The Holmes County
Sheriff's Office will comply with House Bill 180 and Ohio Revised Code
(O.R.C.) Chapter 2950, by developing policy to insure compliance with
the law at it relates to the registration of convicted sex offenders
upon release, and community notification. It is the Sheriff's
intention to enforce this policy and the law in order to ensure the
safety and peace of mind of the citizens of Holmes County, Ohio, and
to cooperate with the other agencies involved in this registration
process.
II.
DEFINITIONS
A. Sexual Predator:
1.
An offender convicted of a sexually violent offense, and who is likely
to engage in the future in one or more sexually oriented
offenses, or with a sexually violent predator specification is
automatically considered a sexual predator for registration and
notification requirements. However, for offenders not convicted
with a sexually violent predator specification, the sentencing court
shall determine whether the offender is a sexual predator.
2.
Offenders so designated are subject to registration/verification
requirements for the remainder of the offender's life, or until a
judge modifies or terminates the sexual predator designation.
Sexual predators are also subject to neighbor/community notification
provisions.
3.
Sexual Predator information is public record and may be released if
requested by the general public.
B.
Habitual Sex Offender:
1.
In determining whether an offender convicted of one of the specified
offenses is a habitual sex offender, the sentencing judge shall
determine if the offender has previously been convicted of a sexually
oriented offense.
2.
Offenders so designated are subject to registration/verification
requirements for twenty (20) years after release and may be subject to
neighbor/community notification requirements at the discretion of the
sentencing judge.
3.
Information of those habitual sex offenders, subject to
neighbor/community notifications, is public record and may be released
upon request.
C.
All Other Sex Offenders:
1.
Offenders convicted of a sexually oriented offense, but who are not
designated as a sexual predator or a habitual sexual offender are
subject to the registration/verification requirements for a period of
ten (10) years after release. These offenders are not
subject to neighbor/community notification.
D.
Sexually Oriented Offenders:
1.
Regardless of the victim's age, the offense of rape, sexual battery,
gross sexual imposition, or felonious sexual penetration.
2.
Any of the following offenses involving a minor, in the circumstances
specified: (i) kidnapping, abduction, unlawful restraint, child
stealing, criminal child enticement, or corruption f a minor, when the
victim of the offense is under 18, (ii) compelling prostitution, when
the person 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,
(iii) pandering obscenity involving a minor when the violation
involves the creation, reproduction, publishing or production of any
obscene material that has a minor as a participant or portrayed
observer or any obscene performance that has a minor as a participant,
or pandering sexually oriented matter involving a minor when the
violation involves the creation, recording, photographing, publishing,
or production, etc., of any material or performance that shows a minor
engaging in sexual activity, masturbation, or bestiality, (iv) illegal
use of a minor in a nudity-oriented material or performance that shows
a minor in a state of nudity, or (v) endangering children when the
violation involves enticing, coercing, permitting, encouraging, using,
etc., a child who is under 18 to act, model, or in any other way
participate in, or be photographed for, the production, presentation,
dissemination, or advertisement of any material or performance that
the offender knows or reasonably should know is obscene, is sexually
oriented matter, or is nudity-oriented matter.
3.
Regardless of the age of the victim, the offense of aggravated murder,
murder, felonious assault, kidnapping, or involuntary manslaughter
based on the offender's causing the death of another through the
commission of or attempt to commit a felony, when the offense is
committed with a purpose to gratify the offender's sexual needs or
desires.
4.
A sexually violent offense.
5.
A violation of any former Ohio law that was substantially equivalent
to any offense listed above, or a violation of an existing or former
municipal ordinance or law or another state or the United States, or
under the law applicable in a military court, that is or was
substantially equivalent to any offense listed above.
6.
An attempt or conspiracy to commit, or complicity in committing any
offense listed above.
E.
Specified Geographical Notification Area:
The school district
within which the sexual predator lives.
III.
PROCEDURE UPON RELEASE
A.
The Sheriff, of his designee in charge of the jail at the time of
release of a convicted sex offender shall require the offender to read
and sign a form stating the offender's duty to register a residence
address, any change of address and the duty of the offender to
periodically verify his/her residence address with the Sheriff in
his/her county of residence. This form shall include a statement
as to whether the sentencing judge determined the offender to be a
sexually violent predator or habitual sex offender. This
information needs only to be read to the offender upon his/her release
after January 1, 1997, until July 1, 1997, when offenders must be
advised that they must begin registration as prescribed, on and after
July 1, 1997.
B.
Copies of this form shall be provided to the offender, the Sheriff of
the county of residence and BCI&I.
C.
The same designee in charge of the jail at the time of release of a
convicted sex offender shall also determine and send to the Sheriff of
the county of residence and BCI&I, the following information:
1.
The offender's name, identifying factors, expected future residence,
criminal history, photograph and fingerprints (on special fingerprint
card prescribed by BCI&I).
D.
All convicted sex offenders are required to register with the Sheriff of
the county of residence, and must be so advised upon release, within
seven (7) days of establishing residence Offenders required to
register shall personally obtain from the Sheriff's office of the
residence county a registration form, complete and sign the form, and
return it with a new photograph to the Sheriff of the county of
residence, who will sign the form and forward it to BCI&I.
1.
This information will include the offender's current address, name and
address of the offender's current employer, the offender's photograph,
and if designated sexual predator or habitual sex offender, a specific
declaration to that effect, and the offender's vehicle license plate
number.
IV.
PERIODIC VERIFICATION OF RESIDENCE ADDRESS
A.
Duration and frequency verification:
1.
Sexual Predator - required to verify address every ninety (90) days
for offender's lifetime unless a judge terminates the sexual predator
designation. The Sheriff may physically verify that the subject
actually lives at the registered address within seven days after
registration.
2.
Habitual Sex Offender - required to verify address annually for twenty
(20) years.
3.
Other Sex Offenders - must verify address annually for ten (10) years.
B.
Verification Process:
1.
Offenders required to verify their address shall do so by personally
appearing before the Sheriff no earlier than ten (10) days prior to
the date required for verification as above. A copy of the form
shall be sent to BCI&I.
2.
If the offender fails to verify current residence address on the
anniversary date, the Sheriff shall send a written warning to the
offender informing him/her that failure to verify residence address
within seven (7) days will result in arrest and prosecution for
failure to verify residence address.
3.
The Sheriff shall seek a warrant for the arrest of the offender who
fails to verify residence address during the seven (7) day grace
period.
C.
Verification Form shall include:
1.
Offender's current residence address.
2.
Name and address of offender's employer.
3.
Any other information required by BCI&I.
V.
NOTIFICATION OF RELEASE
A.
If requested by the victim, the Sheriff shall provide notice to the
victim, in writing, of the offender's residence location within 72 hours
after a sexual predator registers, and may be required to provide notice
to the victim regarding a habitual sex offender pursuant to a
determination by the sentencing court. All other sex offenders are
not subject to community notification requirements.
B.
The Sheriff may be required to give notice of a sexual predator's and
habitual sex offender's registration to the following within seven (7)
days:
1.
Community notification.
a.
The Sheriff may publicly notify persons residing in the county that
information on sexual predators, who have registered with the
Sheriff, is a public record that is open to inspection under O.R.C.
Section 149.43. The Sheriff may also advise persons residing
in the county on the procedure whereby said persons can obtain the
Sheriff's information on sexual predators.
2.
Neighbors of the offender.
a.
All occupants of residences adjacent to the offender's place of
residence, and all additional neighbors of the offender who are
within any category that the Attorney General by rule requires to be
provided the notice.
3.
Executive director of the county public children services agency.
a.
The agency that is within the "specified geographical
notification area" and located within the county the Sheriff
serves. (Special geographical notification area means the
geographic area or areas within which the Attorney General by rule,
adopted under the act, requires the notice described above to be
given to the persons identified in paragraphs (2) through (8) of
O.R.C. Section 2950.11(A)).
4.
Superintendents of each school district.
a.
Those school districts located within the specified geographical
notification area.
5.
Hiring officer of each chartered nonpublic school.
a.
Those nonpublic schools within the specified geographical
notification area within the county served by the Sheriff which are
not operated by a board of education in number (4) above.
6.
Preschool directors.
a.
Those preschools governed by O.R.C. Section 3301 located within the
specified geographical notification area and within the county
served by the Sheriff.
7.
Child day-care center administrators.
a.
Includes certified type A and B family day care homes located within
the specified geographical notification area and within the county
served by the Sheriff.
8.
President of each college or university located within 1,000 feet of
the offender's residence.
a.
Applies to each institution of higher learning located within the
specified geographical notification area and within the county
served by the Sheriff, and also the chief law enforcement officer of
any campus police department, if any, that serves that institution.
9.
Local law enforcement.
C.
With the exception of the victim and neighbors, immunity is granted to
the aforementioned individuals, their agents, local law enforcement,
provided the individual acts within the scope of the person's employment
or official responsibilities and in good faith.
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