Ohio Adm.Code 109:5 | Ohio Administrative Code 109:5 — Attorney General | Bureau of Criminal Identification and Investigation

Chapter 109:5-1 Criminal Records and Electronic Monitoring Devices

Ohio Adm.Code 109:5-1-01 Procedure for requesting criminal records.

(A) Any person may obtain information concerning the criminal record of any other person maintained at the bureau of criminal identification and investigation by submitting the following:

(1) The complete name, current address, and other identifying characteristics of the individual whose records are sought;

(2) A complete set of fingerprints of the individual whose records are sought;

(3) The signed consent of the individual whose records are sought;

(4) A check, money order, or electronic payment in the amount of twenty-two dollars made payable to the "Treasurer of State of Ohio." Law enforcement officers as defined in section 2901.01 of the Revised Code will be exempt from this fee.

(B) The foregoing shall be submitted to the bureau of criminal identification and investigation in one of the following ways:

(1) Through the mail to the "Bureau of Criminal Identification and Investigation, P.O. Box 365, London, Ohio 43140."

(2) Electronically in a format designated by the superintendent.

(C) "Other identifying characteristics" means date of birth, social security number, height, weight, sex, race, and nationality.

Last updated July 6, 2023 at 11:18 AM

History

Effective: November 20, 2015
Promulgated Under: 119.03

Ohio Adm.Code 109:5-1-03 Procedure for requesting and processing a search of the retained applicant fingerprint database.

(A) The bureau of criminal identification and investigation shall maintain a retained fingerprint database as defined in section 109.5721 of the Revised Code including names, addresses, and fingerprints of individuals on whom the bureau has conducted a criminal record check for the purposes of determining eligibility for employment, licensure, approval for adoption or volunteer service.

(B) An entity that is required by statute to submit fingerprints and criminal record requests pursuant to division (E) of section 109.572 of the Revised Code may elect to participate in the continuous record monitoring service. When the superintendent receives records under section 109.57 of the Revised Code that indicate an individual in the retained applicant fingerprint database has been arrested or convicted of a crime, the superintendent shall promptly notify the employer either electronically or via mail that additional arrest or conviction information is available.

(C) The employer may contact the bureau of criminal identification and investigation for detailed information regarding this notification.

(D) The superintendent of the bureau of criminal identification and investigation shall charge an initial fee of five dollars for each individual entered into the retained applicant fingerprint database and an annual fee of five dollars thereafter. The payment must be in the form of a business check, money order, or electronic payment made payable to the "Treasurer of State of Ohio."

(E) The information the superintendent of the bureau of criminal identification and investigation provides to participating entities pursuant to section 109.5721 of the Revised Code and or this rule, may only be used for purposes authorized by law.

Last updated May 5, 2025 at 10:39 AM

History

Effective: January 1, 2008
Promulgated Under: 119.03

Ohio Adm.Code 109:5-1-04 Operation and maintenance of the retained applicant fingerprint database.

(A) An entity shall enroll individuals into the retained applicant fingerprint database by submitting the civilian background check authentication number or the name, date of birth and social security number of the employee or licensee.

(B) Upon receipt of the information referred to in paragraph (A) of this rule, the bureau of criminal identification and investigation shall immediately enter the information into the retained applicant fingerprint database.

(C) The participating entity is responsible for sending updated information, in an electronic format, to the bureau of criminal identification and investigation on individuals who are deceased or are no longer employed, licensed, certified or otherwise approved by that entity.

(D) Upon receipt of such information referred to in paragraph (C) of this rule, the bureau of criminal identification and investigation shall promptly delete the individual's records from the retained applicant fingerprint database.

Last updated May 5, 2025 at 10:39 AM

History

Effective: January 1, 2008
Promulgated Under: 119.03

Chapter 109:5-2 Registration of Sex Offenders; Notifications

Ohio Adm.Code 109:5-2-01 Definitions.

(A) "Registrant" means an adult offender or delinquent child who has been convicted of, pleaded guilty to, or been adjudicated delinquent for committing a sexually oriented or child-victim oriented offense that is not a registration-exempt offense, and who has a duty to register pursuant to section 2950.04 or 2950.041 of the Revised Code.

(B) "Person subject to community notification" means a person listed under division (F)(1) of section 2950.11 of the Revised Code.

(C) "Person subject to victim notification" means a person listed under division (B)(1) of section 2950.10 of the Revised Code.

(D) "Adjacent" means next to, abutting, or bordering on.

(E) "BCI&I" means the bureau of criminal identification and investigation.

(F) All terms that are defined in section 2950.01 of the Revised Code have the same meanings when used in this chapter and in the forms prescribed by the attorney general pursuant to division (A) of section 2950.13 of the Revised Code.

Last updated September 9, 2025 at 10:35 AM

History

Effective: August 16, 2010
Promulgated Under: 119.03

Ohio Adm.Code 109:5-2-02 Completion and transmittal of forms and information.

(A) Use of forms, forwarding, and/or transmittal to BCI&I:

(1) Notice of registration duties The official, official's designee, judge, chief of police, or sheriff shall use the "Notice of Registration Duties of Sexually Oriented Offender or Child Victim Offender" form, or the "Notice of Registration Duties of Juvenile Offender Registrant" form, as appropriate, to provide notice to an offender or delinquent child under divisions (A)(1) to (A)(6) of section 2950.03 of the Revised Code, and shall use the "BCI-7-97" form for the fingerprints, photograph, and other information required by division (C) of section 2950.03 of the Revised Code. The completed forms shall be mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn: SORN Administration, P.O. Box 365, London, OH 43140" or, using electronic means provided by the superintendent of BCI&I.

(2) Registration of residence, employment, and schooling information The sheriff shall use the written registration form prescribed by the attorney general to obtain the information required by sections 2950.04 and 2950.041 of the Revised Code. The completed form shall be mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn: SORN Administration, P.O. Box 365, London, OH 43140" or, using electronic means provided by the superintendent of BCI&I. The sheriff shall additionally enter the information required by sections 2950.04 and 2950.041 of the Revised Code into the state registry created pursuant to division (A)(1) of section 2950.13 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(3) Change of address The sheriff shall enter the information required by section 2950.05 of the Revised Code into the state registry created pursuant to division (A)(1) of section 2950.13 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(4) Periodic verification of current address The sheriff shall use the written registration form prescribed by the attorney general to obtain the information required by section 2950.06 of the Revised Code. The sheriff shall additionally enter the information required by section 2950.06 of the Revised Code into the state registry created pursuant to division (A)(1) of section 2950.13 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(5) Notice of change or termination of juvenile offender registrant classification If a judge or magistrate appointed by a juvenile judge issues an order classifying, modifying or terminating the classification of a juvenile as a juvenile offender registrant pursuant to division (B) of section 2152.83 of the Revised Code or division (A)(2) of section 2152.84 of the Revised Code, or issues an order pursuant to division (C)(2) of section 2152.85 of the Revised Code that reclassifies or declassifies a juvenile offender registrant in response to a petition filed pursuant to division (A)(1), (A)(2), or (A)(3) of section 2152.85 of the Revised Code, the judge or magistrate shall notify BCI&I by mailing a copy of the order to "Ohio Bureau of Criminal Identification and Investigation, attn: SORN Administration, P.O. Box 365, London, OH 43140" or, using electronic means provided by the superintendent of BCI&I.

(B) Transmittal of forms, fingerprints, photographs and other information to BCI&I Except as specifically required above, all information that is required to be forwarded to BCI&I may be transmitted by electronic means, mail, or fax, all as determined by the superintendent of BCI&I.

Last updated December 16, 2025 at 10:06 AM

History

Effective: November 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 109:5-2-03 Community notification.

(A) As used in this chapter, and in section 2950.11 of the Revised Code, "Specified Geographical Notification Area" means the school district, as classified and defined in Chapter 3311. of the Revised Code, within which the person who is subject to community notification pursuant to section 2950.11 of the Revised Code, resides, is employed, or attends a school or institution of higher education.

(B) If any registered residence, employment, school, or institution of higher education address of the person subject to community notification pursuant to section 2950.11 of the Revised Code is located within one mile of an adjacent school district, the sheriff with whom the registrant has most recently registered any such address may, in the interest of public safety, provide a written notice within seven days to any persons described in divisions (A)(2) to (A)(8) of section 2950.11 of the Revised Code who are located within such adjacent school district.

(C) Unless otherwise specified, any requirement in section 2950.11 of the Revised Code that a sheriff provide written notice within a specified time period is met if the notice is placed in the mail within the specified time period.

(D) In any county where a registrant does not reside, but does register an address of employment, school, or institution of higher learning, the sheriff of that county, in order to comply with division (A) of section 2950.11 of the Revised Code, is only required to send the notices listed in divisions (A)(2) to (A)(8) of section 2950.11 of the Revised Code.

Last updated September 9, 2025 at 10:35 AM

History

Effective: August 16, 2010
Promulgated Under: 119.03

Ohio Adm.Code 109:5-2-04 School and child care facility's use and administration of information regarding person subject to community notification.

(A) This rule is intended to assist in the dissemination of information regarding persons subject to community notification.

(B) The executive director of each public children service agency who receives information from the sheriff concerning a person subject to community notification may disseminate said information to employees who are responsible for placing children, investigating allegations of abuse, neglect or dependency or whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the executive director of the agency if the person subject to community notification is observed in the vicinity of the agency or in the vicinity of any children with whom the agency is involved unless the observed person subject to community notification is a juvenile offender registrant being served by the agency. The executive director shall notify the local law enforcement agency if, in the judgment of the executive director, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(C) Each superintendent or supervising, appointing or hiring officer listed in divisions (A)(3) and (A)(4) of section 2950.11 of the Revised Code who receives information from the sheriff concerning a person subject to community notification may disseminate said information to employees whose duties include supervision of or responsibility for students. Employees who receive said information shall be instructed to promptly notify the superintendent or the appointing or hiring officer if the person subject to community notification is observed in the vicinity of the school unless the observed person subject to community notification is a juvenile offender registrant currently attending the school. The superintendent or the appointing or hiring officer shall notify the local law enforcement agency if, in the judgment of the superintendent or of the supervising, appointing or hiring officer, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.

(D) The director, head teacher, or elementary principal of the licensed preschool program, who receives information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the director, head teacher, or elementary principal of the licensed preschool program if the person subject to community notification is observed in the vicinity of the program unless the observed person subject to community notification is a juvenile offender registrant currently attending the preschool program. The director, head teacher, or elementary principal of the licensed preschool program shall notify the local law enforcement agency if, in the judgment of the director, head teacher or principal, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(E) The administrator of each child day-care center or type A family day-care home and the provider of each licensed type B family day-care home, who receive information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the administrator or provider if the person subject to community notification is observed in the vicinity of the center or home. The administrator or provider shall notify the local law enforcement agency if, in the judgment of the administrator or provider, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(F) The president or other chief administrative officer of each institution of higher education, who receives information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties include supervision of or responsibility for students. Employees who receive said information shall be instructed to promptly notify the president or other chief administrative officer if the person subject to community notification is observed on the property of the institution of higher education unless the observed person subject to community notification is currently attending the institution of higher education. The president or other chief administrative officer shall notify the local law enforcement agency if, in the judgment of the president or the chief administrative officer, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.

(G) The director, head teacher, or elementary principal of the licensed preschool program, the administrator of each child day-care center and type A family day-care home, the provider of each licensed type B family day-care home, the executive director of each public children service agency, the president or other chief administrative officer of each institution of higher education, the superintendent of each board of education of each school district, and the appointing or hiring officer of each chartered non-profit school who receive information from the sheriff concerning a person subject to community notification may:

(1) Inform parents, guardians, and adult students that they have received notice that a person subject to community notification is residing, employed, or attending a school or institution of higher education within the specified geographical notification area and that certain information concerning the registrant is a public record and is open to inspection, under section 149.43 of the Revised Code, at the office of the sheriff with whom the registrant has registered, and on the state and local internet databases established by the attorney general and the sheriff, and;

(2) Direct inquiries from parents, guardians, and adult students to the office of the sheriff with whom the person subject to community notification has registered, and;

(3) Disseminate any other public record in their possession concerning the registrant.

Last updated September 9, 2025 at 10:35 AM

History

Effective: August 25, 2015
Promulgated Under: 119.03

Ohio Adm.Code 109:5-2-05 Victim notification.

(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.

Last updated September 9, 2025 at 10:35 AM

History

Effective: August 25, 2015
Promulgated Under: 119.03

Ohio Adm.Code 109:5-2-06 Lists to be compiled, maintained, and updated.

(A) The department of education and workforce shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each school district, by county, and the name of the superintendent of the board of education of each school district, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each chartered nonpublic school, by county, and the name of the appointing or hiring officer of each chartered nonpublic school, and the fax number of said individual, if one is available;

(3) The name, address and telephone number of each licensed preschool program, by county, and the name of the director, head teacher or elementary principal of each preschool program, and the fax number of said individual, if one is available.

(B) The department of higher education shall compile, maintain, and update in January and July of each year the name, address and telephone number of each state institution of higher education as defined in section 3345.011 of the Revised Code, each private non-profit college or university located in this state possessing a certificate of authorization from the department of higher education pursuant to Chapter 1713. of the Revised Code and each school certified under Chapter 3332. of the Revised Code, by county, and the name of its president or other chief administrative officer, and the fax number of said individual, if one is available.

(C) The department of children and youth shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each child day-care center, type A family day-care home, and licensed type B family day-care home, by county, and the name of the administrator or provider of the center or home, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each public children services agency and the name of the executive director at each agency, and the fax number of said individual, if one is available.

(D) The department of education and workforce, the department of higher education, and the department of children and youth shall provide the compiled, maintained, and updated information to a sheriff or a sheriff's designee when requested. This information may be requested by telephone, mail, fax, electronically or in person. The sheriff or the sheriff's designee may make an on-going request for such information, and, if an on-going request is made, the information shall be provided each time it is updated, without requiring subsequent requests. For purposes of this paragraph, the county sheriffs may designate an individual or association to request or receive the information. If a designee obtains the requested information, it shall, as soon as administratively possible, forward that information to the appropriate county sheriff.

Last updated December 3, 2025 at 7:34 AM

History

Effective: December 2, 2025
Promulgated Under: 119.03

Chapter 109:5-3 Incompetency Records

Ohio Adm.Code 109:5-3-01 Procedure for reporting incompetency records.

(A) Not later than seven days after a person is found to be a person with a mental illness subject to court order or becomes an involuntary patient other than one who is a patient only for purposes of observation, the probate judge who made the adjudication or the chief clinical officer of the hospital, agency, or facility in which the person is an involuntary patient shall transmit this form to the bureau of criminal identification and investigation.

(B) The foregoing shall be submitted to the bureau of criminal identification and investigation in the form and manner prescribed by the superintendent. To comply with Chapter 4501:2-10 of the Administrative Code, the probate judge who made the adjudication or the chief clinical officer of the hospital, agency or facility where the person is an involuntary patient shall, no less than annually, validate the following in the form and manner prescribed by the superintendent:

(1) The adjudication has not been vacated, overturned, or otherwise set aside;

(2) The information previously reported to the bureau of criminal identification and investigation by the probate judge or the chief clinical officer, based upon records in possession of the probate judge or chief clinical officer, is accurate, current, and complete.

(C) This notification is required under section 5122.311 of the Revised Code for the purpose of conducting incompetency records checks pursuant to section 311.41 of the Revised Code (application to sheriff for concealed handgun permit).

(D) "Involuntary patient" means a person who is ordered to undergo treatment or continuing evaluation and treatment at a hospital, agency, or facility, or through an individual professional, under sections 2945.38, 2945.39, 2945.40, and 2945.402 of the Revised Code or committed to a hospital, facility, agency, alcohol drug addiction mental health services/community mental health board or other person or place under section 5122.141 or 5122.15 of the Revised Code.

"Involuntary patient" does not include persons admitted for purposes of evaluation pursuant to section 2945.371 of the Revised Code, or admitted for purposes of evaluation pursuant to section 2945.371 of the Revised Code, or for care, observation and treatment pending examination or hearing under section 5122.10 or 5122.11 of the Revised Code.

(E) "For purposes of observation" means held at a center, program or facility for purposes of evaluation pursuant to section 2945.371 of the Revised Code or admitted for purposes of care, observation and treatment pending examination or hearing pursuant to section 5122.10 or 5122.11 of the Revised Code.

(F) "Person with a mental illness subject to court order" and "patient" are defined in section 5122.01 of the Revised Code.

View Appendix

Last updated December 4, 2025 at 2:16 PM

History

Effective: December 2, 2025
Promulgated Under: 119.03

Chapter 109:5-4 Civil Sexual Abuse Registry

Ohio Adm.Code 109:5-4-01 Definitions.

(A) "Registrant" means a person against whom a court has entered a declaratory judgment under section 2721.21 of the Revised Code and issued an order that the person be listed on the civil childhood sexual abuse registry maintained by the attorney general pursuant to section 3797.08 of the Revised Code, unless the person has had the classification removed under division (F) of section 2721.21 of the Revised Code.

(B) "Person subject to community notification" means a registrant who has not had the community notification requirement removed pursuant to division (G) of section 3797.06 of the Revised Code.

(D) "BCI&I" means the bureau of criminal identification and investigation.

(E) All terms that are defined in section 3797.01 of the Revised Code have the same meanings when used in this chapter and in the forms prescribed by the attorney general pursuant to division (A) of section 3797.08 of the Revised Code.

Last updated May 5, 2025 at 10:40 AM

History

Effective: January 1, 2007
Promulgated Under: 119.03

Ohio Adm.Code 109:5-4-02 Completion and transmittal of forms and information.

(A) Use of forms, forwarding, and transmittal to BCI&I:

(1) Registration of residence and employment- The sheriff shall use the registration form prescribed by the attorney general as set forth in appendix A to obtain the information required by section 3797.07 of the Revised Code. The sheriff shall photograph the registrant at the time of registration. The sheriff shall verify the identity of the registrant by valid driver's license or state identification card. The completed forms shall be mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn: Administrator for Civil Childhood Sexual Abuse Registry, P.O. Box 365, London, OH 43140." The sheriff shall enter the information required by section 3797.07 of the Revised Code into the state registry created pursuant to division (C) of section 3797.08 of the Revised Code using electronic means provided by the superintendent of BCI&I.

(2) Intent to reside and change of address - The sheriff shall use the intent to reside and change of address form prescribed by the attorney general as set forth in appendix B to obtain the information required by section 3797.03 of the Revised Code. The sheriff shall enter the information required by section 3797.03 of the Revised Code into the state registry created pursuant to division (C) of section 3797.08 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(3) Periodic verification of current address - The sheriff shall use the verification form prescribed by the attorney general as set forth in appendix C to obtain the information required by section 3797.04 of the Revised Code. The sheriff shall enter the information required by section 3797.04 of the Revised Code into the state registry created pursuant to division (C) of section 3797.08 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(4) Notice of termination of civil registrant classification - If a judge issues an order terminating the classification of a person as a civil registrant pursuant to division (F) of section 2721.21 of the Revised Code, the judge or magistrate shall notify BCI&I by mailing a copy of the order to "Ohio Bureau of Criminal Identification and Investigation, attn: Administrator for the Civil Childhood Sexual Abuse Registry, P.O. Box 365, London, OH 43140."

(B) Transmittal of forms, photographs and other information to BCI&I - Except as specifically required above, all information that is required to be forwarded to BCI&I shall be transmitted by electronic means as provided by the superintendent of BCI&I. If the forms, photographs or other information that is to be forwarded cannot be transmitted by electronic means, then it may be transmitted by mail or fax, all as determined by the superintendent of BCI&I.

View AppendixView AppendixView Appendix

Last updated May 5, 2025 at 10:41 AM

History

Effective: January 1, 2007
Promulgated Under: 119.03

Ohio Adm.Code 109:5-4-03 Community notification.

(A) As used in these rules, and in section 3797.06 of the Revised Code, "Specified Geographical Notification Area" means the school district, as classified and defined in Chapter 3311. of the Revised Code, within which the person who is subject to community notification pursuant to section 3797.06 of the Revised Code resides or is employed.

(B) If any registered residence or employment address of the person subject to community notification pursuant to section 3797.06 of the Revised Code is located within one mile of an adjacent school district, the sheriff with whom the registrant has most recently registered any such address may, in the interest of public safety, provide a written notice within seven days to any persons described in divisions (A)(2) to (A)(9) of section 3797.06 of the Revised Code who are located within such adjacent school district.

(C) Unless otherwise specified, any requirement in section 3797.06 of the Revised Code that a sheriff provide written notice within a specified time period is met if the notice is placed in the mail within the specified time period.

(D) In any county where a registrant does not reside, but does register an address of employment, the sheriff of that county, in order to comply with division (A) of section 3797.06 of the Revised Code, is only required to send the notices listed in divisions (A)(2) to (A)(8) of section 3797.06 of the Revised Code.

Last updated May 5, 2025 at 10:41 AM

History

Effective: January 1, 2007
Promulgated Under: 119.03

Ohio Adm.Code 109:5-4-04 School and child care facility's use and administration of information regarding person subject to community notification.

(A) This rule is intended to assist in the dissemination of information regarding persons subject to community notification.

(B) The executive director of each public children services agency who receives information from the sheriff concerning a person subject to community notification may disseminate said information to employees who are responsible for placing children, investigating allegations of abuse, neglect or dependency or whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the executive director of the agency if the person subject to community notification is observed in the vicinity of the agency or in the vicinity of any children with whom the agency is involved. The executive director shall notify the local law enforcement agency if, in the judgment of the executive director, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(C) Each superintendent or supervising, appointing or hiring officer listed in divisions (A)(3) and (A)(4) of section 3797.06 of the Revised Code who receives information from the sheriff concerning a person subject to community notification may disseminate said information to employees whose duties include supervision of or responsibility for students. Employees who receive said information shall be instructed to promptly notify the superintendent or the supervising, appointing, or hiring officer if the person subject to community notification is observed in the vicinity of the school. The superintendent or supervising, appointing or hiring officer shall notify the local law enforcement agency if, in the judgment of the superintendent or of the supervising, appointing or hiring officer, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.

(D) The director, head teacher, or elementary principal of the licensed preschool program, who receives information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the director, head teacher, or elementary principal of the licensed preschool program if the person subject to community notification is observed on the property of the program. The director, head teacher, or elementary principal of the licensed preschool program shall notify the local law enforcement agency if, in the judgment of the director, head teacher or elementary principal, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(E) The administrator of each child day-care center or type A family day-care home and the provider of each certified type B family day-care home, who receive information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties involve the care, custody or control of children. Employees who receive said information shall be instructed to promptly notify the administrator or provider if the person subject to community notification is observed on the property of the center or home. The administrator or provider shall notify the local law enforcement agency if, in the judgment of the administrator or provider, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the children.

(F) The president or other chief administrative officer of each institution of higher education, who receives information from the sheriff concerning a person subject to community notification, may disseminate said information to employees whose duties include supervision of or responsibility for students. Employees who receive said information shall be instructed to promptly notify the president or other chief administrative officer if the person subject to community notification is observed on the property of the institution of higher education unless the person subject to community notification is currently attending the institution of higher education. The president or other chief administrative officer shall notify the local law enforcement agency if, in the judgment of the president or the chief administrative officer, the presence of the person subject to community notification appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.

(G) The director, head teacher, or elementary principal of the licensed preschool program, the administrator of each child day-care center and type A family day-care home, the provider of each certified type B family day-care home, the executive director of each public children service agency, the president or other chief administrative officer of each institution of higher education, the superintendent of each board of education of each school district, and the appointing or hiring officer of each chartered nonpublic school who receive information from the sheriff concerning a person subject to community notification may:

(1) inform parents, guardians, and adult students only that they have received notice that a person subject to community notification is residing, employed, or attending a school or institution of higher education within the specified geographical notification area and that certain information concerning the registrant is a public record and is open to inspection, under section 149.43 of the Revised Code, at the office of the sheriff with whom the registrant has registered, and on the state internet database established by the attorney general and the sheriff, and;

(2) direct inquiries from parents, guardians, and adult students to the office of the sheriff with whom the person subject to community notification has registered, and;

(3) disseminate any other public record in their possession concerning the registrant.

Last updated May 5, 2025 at 10:41 AM

History

Effective: January 1, 2007
Promulgated Under: 119.03

Ohio Adm.Code 109:5-4-05 Lists to be compiled, maintained, and updated.

(A) The department of education shall compile, maintain, and update in January and July of each year the following information:

(B) The Ohio board of regents shall compile, maintain, and update in January and July of each year the name, address and telephone number of each state institution of higher education as defined in section 3345.011 of the Revised Code, each private non-profit college or university located in this state possessing a certificate of authorization from the Ohio board of regents pursuant to Chapter 1713. of the Revised Code and each school certified under Chapter 3332. of the Revised Code, by county, and the name of its president or other chief administrative officer, and the fax number of said individual, if one is available.

(C) The department of job and family services shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each child day-care center, type A family day-care home, and certified type B family day-care home, by county, and the name of the administrator or provider of the center or home, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each public children services agency and the name of the executive director at each agency, and the fax number of said individual, if one is available.

(D) The department of education, the board of regents, and the department of job and family services shall provide the compiled, maintained, and updated information to a sheriff or a sheriff's designee when requested. This information may be requested by telephone, mail, fax, electronically or in person. The sheriff or the sheriff's designee may make an on-going request for such information, and, if an on-going request is made, the information shall be provided each time it is updated, without requiring subsequent requests. For purposes of this paragraph, the county sheriffs may designate an individual or association to request or receive the information. If a designee obtains the requested information, it shall, as soon as administratively possible, forward that information to the appropriate county sheriff.

(E) To the extent that these requirements for the department of education, the board of regents, and the department of job and family services are the same as provided under rule 109:5-2-06 of the Administrative Code, the creation of one list shall satisfy the requirements of both this chapter and rule 109:5-2-06 of the Administrative Code.

Last updated May 5, 2025 at 10:41 AM

History

Effective: January 1, 2007
Promulgated Under: 119.03

Ohio Adm.Code 109:5-2-06

(A) The department of education and workforce shall compile, maintain, and update in January and July of each year the following information:

(C) The department of children and youth shall compile, maintain, and update in January and July of each year the following information:

(2) The name, address and telephone number of each public children services agency and the name of the executive director at each agency, and the fax number of said individual, if one is available.

Last updated December 3, 2025 at 7:34 AM

History

Effective: December 2, 2025
Promulgated Under: 119.03

Chapter 109:5-5 DNA Database

Ohio Adm.Code 109:5-5-01 Definitions.

When used in Chapter 109:5-5 of the Administrative Code:

(A) "DNA analysis," "DNA database," "DNA record" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.

(B) "Computerized criminal history" means bureau of criminal identification and investigation's fingerprint-based criminal history database records collected, maintained and disseminated pursuant to sections 109.57, 109.571 and 109.60 of the Revised Code, including records maintained or received through the Ohio law enforcement gateway database, the Ohio law enforcement automated data system and livescan data system.

(C) "Agency" and "agencies" means law enforcement agencies and criminal justice agencies that are authorized to collect arrestee and convicted offender DNA samples under section 2901.07 of the Revised Code.

Last updated May 5, 2025 at 10:42 AM

History

Effective: October 8, 2011
Promulgated Under: 119.03

Ohio Adm.Code 109:5-5-02 Arrestee and convicted offender DNA collection and submission procedures.

(A) When collecting arrestee and convicted offender DNA samples pursuant to section 2901.07 of the Revised Code, law enforcement and criminal justice agencies shall:

Verify the arrestee/offender's identity via demographic and fingerprint data.

(1) To verify the identity of the individual via demographic data, agencies should obtain and compare data on government-issued photo identification and demographic data stored in a law enforcement database with computerized criminal history access, such as OHLEG or LEADS.

(2) To verify the arrestee/offender's identity via fingerprint data, agencies should submit the individual's fingerprints through a law enforcement system with automated fingerprint identification system access, such as livescan or rapid ID and obtain automated fingerprint comparison results from the system.

(B) When a DNA sample is collected pursuant to section 2901.07 of the Revised Code and submitted to the bureau of criminal identification and investigation:

(1) If an acceptable DNA profile and record is developed from the sample, the bureau will denote a positive response in the DNA collection form field on the individual's computerized criminal history record;

(2) The bureau of criminal identification and investigation will determine whether DNA sample collection has failed and will denote a negative response in the DNA collection form field on an individual's computerized criminal history if a DNA sample collection did not produce a valid DNA profile.

(C) If the collecting agency verifies through an arrestee or convicted offender's computerized criminal history that a DNA specimen pursuant to section 2901.07 of the Revised Code has been previously collected from the individual due to a prior arrest or conviction, an additional DNA sample is not required to be collected.

(D) If the collecting agency verifies through an arrestee or convicted offender's computerized criminal history that a DNA specimen pursuant to section 2901.07 of the Revised Code has been previously collected from the individual due to a prior arrest or conviction, but that the prior DNA specimen collection is no longer denoted in the computerized criminal history, the agency shall cause another DNA specimen to be taken from the arrestee/convicted offender.

(E) If a DNA specimen previously collected pursuant to section 2901.07 of the Revised Code due to a prior arrest or conviction has failed and the previous specimen cannot be used by the bureau of criminal identification and investigation for analysis, the agency shall cause an additional DNA specimen to be collected from the individual.

Last updated May 5, 2025 at 10:42 AM

History

Effective: October 8, 2011
Promulgated Under: 119.03

Chapter 109:5-6 Arson Offender Registry

Ohio Adm.Code 109:5-6-01 Definitions.

(A) "BCI&I" means the bureau of criminal identification and investigation.

(B) "Registry" means the registry created by BCI&I pursuant to division (E)(2) of section 2909.15 of the Revised Code.

Last updated January 4, 2024 at 8:41 AM

History

Effective: June 27, 2013
Promulgated Under: 119.03

Ohio Adm.Code 109:5-6-02 Transmittal of Notices.

(A) Notice of registration duties to sheriff of the county where the arson offender intends to reside - The judge, official or official's designee required to provide notice of the duty to register to an arson offender under division (A) of section 2909.14 of the Revised Code shall determine the county in which the arson offender intends to reside and mail a copy of the signed notice prescribed by the attorney general to the sheriff of that county, unless the person providing notice is the sheriff of the county in which the arson offender intends to reside. If the person providing the notice is the sheriff of the county in which the arson offender intends to reside, that sheriff shall retain a copy of the signed notice.

(B) Notice of confinement of registered arson offender or out-of-state arson offender - The official in charge of a jail, workhouse, state correctional institution, or other institution shall notify the attorney general if a registered arson offender or out-of-state arson offender is confined in the jail, workhouse, state correctional institution or other institution by entering the information into the registry using electronic means provided by the superintendent of BCI&I.

Last updated January 4, 2024 at 8:42 AM

History

Effective: June 27, 2013
Promulgated Under: 119.03

Chapter 109:5-7 Confidential Address

Ohio Adm.Code 109:5-7-01 Definitions.

(A) "BCI" means the bureau of criminal identification and investigation.

(B) "Program" means the confidential address program created by BCI pursuant to section 109.57 of the Revised Code.

Last updated May 5, 2025 at 10:42 AM

History

Effective: May 5, 2018
Promulgated Under: 119.03

Ohio Adm.Code 109:5-7-02 Confidential address program.

(A) The Ohio law enforcement gateway shall contain the name, confidential address, and telephone number of program participants in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code.

(B) The Ohio law enforcement gateway shall obtain the names, confidential addresses, and telephone numbers of participants in the program from the secretary of state.

(C) Program participation is presumptively valid for four years, and may be subject to renewal. BCI will maintain a participant's information in the program until notified by the secretary of state that an individual's participation has expired or has been terminated or invalidated.

(D) Access to program information shall be granted only to chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals.

(E) Access may be granted to a city director of law of similar chief legal officer upon an order of the court of common pleas of Franklin county pursuant to section 111.46 of the Revised Code.

(F) No person who has access to a confidential address or telephone number because of the person's employment or official position shall knowingly disclose that confidential address or telephone number to any person, except as required by law.

(G) No person who obtains a confidential address or telephone number from the Ohio law enforcement gateway shall knowingly disclose that confidential address or telephone number to any person, except as is necessary for a law enforcement purpose when related to the performance of official duties, or for another legitimate governmental purpose.

(H) Access to OHLEG logs a user off after nineteen minutes of inactivity.

(I) Unauthorized access or misuse of OHLEG is a violation of division (D) of section 2913.04 of the Revised Code, constitutes a fifth degree felony of the fifth degree.

Last updated May 5, 2025 at 10:42 AM

History

Effective: May 5, 2018
Promulgated Under: 119.03

Ohio Administrative Code 109:5 — Attorney General | Bureau of Criminal Identification and Investigation

Chapter 109:5-1 Criminal Records and Electronic Monitoring Devices

Ohio Adm.Code 109:5-1-01 Procedure for requesting criminal records.

Ohio Adm.Code 109:5-1-03 Procedure for requesting and processing a search of the retained applicant fingerprint database.

Ohio Adm.Code 109:5-1-04 Operation and maintenance of the retained applicant fingerprint database.

Chapter 109:5-2 Registration of Sex Offenders; Notifications

Ohio Adm.Code 109:5-2-01 Definitions.

Ohio Adm.Code 109:5-2-02 Completion and transmittal of forms and information.

Ohio Adm.Code 109:5-2-03 Community notification.

Ohio Adm.Code 109:5-2-04 School and child care facility's use and administration of information regarding person subject to community notification.

Ohio Adm.Code 109:5-2-05 Victim notification.

Ohio Adm.Code 109:5-2-06 Lists to be compiled, maintained, and updated.

Chapter 109:5-3 Incompetency Records

Ohio Adm.Code 109:5-3-01 Procedure for reporting incompetency records.

Chapter 109:5-4 Civil Sexual Abuse Registry

Ohio Adm.Code 109:5-4-01 Definitions.

Ohio Adm.Code 109:5-4-02 Completion and transmittal of forms and information.

Ohio Adm.Code 109:5-4-03 Community notification.

Ohio Adm.Code 109:5-4-04 School and child care facility's use and administration of information regarding person subject to community notification.

Ohio Adm.Code 109:5-4-05 Lists to be compiled, maintained, and updated.

Ohio Adm.Code 109:5-2-06

Chapter 109:5-5 DNA Database

Ohio Adm.Code 109:5-5-01 Definitions.

Ohio Adm.Code 109:5-5-02 Arrestee and convicted offender DNA collection and submission procedures.

Chapter 109:5-6 Arson Offender Registry

Ohio Adm.Code 109:5-6-01 Definitions.

Ohio Adm.Code 109:5-6-02 Transmittal of Notices.

Chapter 109:5-7 Confidential Address

Ohio Adm.Code 109:5-7-01 Definitions.

Ohio Adm.Code 109:5-7-02 Confidential address program.

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