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What is Ohio''s Criminal Proceedure" offences"

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What is Ohio''s Criminal Proceedure...
What is Ohio''s Criminal Proceedure "sexual offences"
Submitted: 9 years ago.Category: Criminal Law
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Answered in 7 hours by:
3/1/2008
Criminal Lawyer: LawEnforcement4you, Policeperson replied 9 years ago
LawEnforcement4you
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience: Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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Hello <strongCustomer

Under Ohio Criminal Procedure both an adult and a juvenile offender must register immediately after they receive their sentencing.

I have included below the relevant section of the Ohio CP. I also have included the link to the specific CP.

http://codes.ohio.gov/orc/2950.04

2950.04 Duty to register - form.

(A)(1)(a) Immediately after a sentencing hearing is held on or after January 1, 2008, for an offender who is convicted of or pleads guilty to a sexually oriented offense and is sentenced to a prison term, a term of imprisonment, or any other type of confinement and before the offender is transferred to the custody of the department of rehabilitation and correction or to the official in charge of the jail, workhouse, state correctional institution, or other institution where the offender will be confined, the offender shall register personally with the sheriff, or the sheriff's designee, of the county in which the offender was convicted of or pleaded guilty to the sexually oriented offense.

(b) Immediately after a dispositional hearing is held on or after January 1, 2008, for a child who is adjudicated a delinquent child for committing a sexually oriented offense, is classified a juvenile offender registrant based on that adjudication, and is committed to the custody of the department of youth services or to a secure facility that is not operated by the department and before the child is transferred to the custody of the department of youth services or the secure facility to which the delinquent child is committed, the delinquent child shall register personally with the sheriff, or the sheriff's designee, of the county in which the delinquent child was classified a juvenile offender registrant based on that sexually oriented offense.

Effective Date: 07-31-2003; 04-29-2005; 2007 SB10 01-01-2008

I hope this answers your question,

LawEnforcement4U

LawEnforcement4you
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
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Customer reply replied 9 years ago
I will accept this answer, however, please help me with an answer to " Should my boyfriend still have to register...he was convicted in 1987 and served a prison term of 10 years he was released in 1998 from the Ohio system. He has registered every year since and I want to know when he will not have to do so. He is a resident of Florida since his release. His conviction of Sexual offender produced a 2 year parole, and 10 years of registering. How can we get his free of this inconvenance? I will commit to a bonus of $20 if you see me through on this matter.
Criminal Lawyer: LawEnforcement4you, Policeperson replied 9 years ago

HelloCustomer

Thank you for accepting my answer. I will research you additional request for you. I will need sometime to research. I will get back to you by tomorrow.

Thanks,

LEF4U

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Criminal Lawyer: LawEnforcement4you, Policeperson replied 9 years ago
<strongCustomer

The answer to your question depends on the laws of Ohio and Florida. Under the Ohio statue, which I referenced originally, a sexual offender must register as follows:

Sexual Offenders: Annually for 10 years

Sexual Predators: Every 90 days for life

Habitual offenders: Annually for 20 years.

So depending on his classification the above will tell you how long he must register had he remained in Ohio.

Under the Florida statue (F.S. 775.21) registration remains for life unless he has had his civil rights restored, received a full pardon or had his conviction overturned. I included section (6) for you.

V. What else must predators do? (See F.S. 775.21(6).).

Registration obligations continue for life unless the predator has had his or her civil rights restored, or has received a full pardon or has had a conviction set aside in a post conviction proceeding for an offense that was used in making the offender a sexual predator. After ten years after release from confinement, supervision, or sanctions (whichever is later) with no arrests for felonies or misdemeanors, a predator may petition the criminal division of circuit court to remove his or her predator designation. The court has discretion to grant or deny the petition.

A predator's failure to register, provide required information, or failure to renew a driver's license or Florida identification card is a third degree felony.

The Florida law reference anyone convicted or found to have committed a sexual offense AFTER 10/01/93 must register. Your boyfriend was convicted in 1987 and obviously this is pre 1993. However, as a result of the dangerousness of not continuing to register in Florida he should arrange an appointment with the Florida probation department of his local court. He should bring with him both his Ohio conviction and probation court paperwork. He should request an official opinion from them in writing.

Most importantly his registration requirement will be governed by the three-conviction status in Ohio; Sexual Offender (10 yrs), Sexual Predator (life), or Habitual offender (20 yrs).

This seems a bit confusing, but it is all dependant of his conviction classification in Ohio.

If you need more clarification don't hesitate to contact me.

Thanks,

LEF4U

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