SEX OFFENDERS

Holmes County Sheriff's Office

Sheriff Timothy W. Zimmerly

8105 Twp. Rd. 574, P.O. Box 5000, Holmesville, Ohio  44633 

PHONE:  (330)674-1936     FAX:  (330)674-8504     EMERGENCY:  9-1-1

SEX OFFENDER RELEASE/REGISTRATION POLICY AND PROCEDURES

I.     POLICY

  1. 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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