Current through all regulations passed and filed through September 16, 2024
(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 has been sentenced to serve a term of imprisonment in the
Ohio department of rehabilitation and correction, a victim of said 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, 770 West Broad Street, Columbus, Ohio 43222." 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, 30 W. Spring St., 5th Floor, 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 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.
Effective:
8/25/2015
Five Year Review (FYR) Dates:
06/05/2015 and
08/25/2020
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
