In order to qualify to file for termination or modification under Section 2950.151 of the Revised Code, an eligible offender must have been convicted of unlawful sexual conduct with a minor, or its equivalent, and meet the following criteria:
The eligible offender was under the age of 21 at the time of the offense, and the minor was 14 years of age or older.
The minor must have been a willing participant, with no evidence of force, threat orf force, or coercion, and the eligible offender was not an authority figure over the minor.
The eligible offender must have been determined to be low risk (0 to 14) using the Ohio Risk Assessment System (ORAS) Tool, and must have been sentenced to community control sanctions instead of prison. (CCS could include up to 6 months in a local jail, halfway house, or other community residential facility).
The offense must have been a first offense, the eligible offender must have completed each and every condition of each and every community control sanction, and must not have been convicted of any new sexually oriented offense.
Filing the Petition
The petition must be filed in the sentencing court, or in the case of an out-of-state offender, in the county of residence, and must include the following:
1. Certified copy of the Judgment Entry of Sentencing.
2. Evidence of date of discharge from supervision.
3. Evidence of completion of sexual offense therapy certified by the Ohio Department of Rehabilitation and Corrections ("ODRC").
4. Evidence documenting the eligibility criteria.
5. Any other evidence necessary to show that the eligible offender has been rehabilitated.
In addition to the evidence required under Section 2950.151, a strong petition could also include the evidence required under Section 2950.15(D):
1. Proof of financial responsibility for a motor vehicle.
2. Proof of payment of child support or alimony payments, if any.
3. Proof of filing and payment of all state, local and federal income taxes.
4. Proof that offender has addressed sexual offending and/ or substance abuse issues.
5. Proof of stable residence, employment, and/ or school, if applicable.
6. Letters of reference.
7. Proof of community service, church, or other activities serving people in need.
The eligible offender may, but is not required to, submit evidence of an independent risk evaluation from a forensic psychologist or other professional in the field of sexual offense risk assessment and/ or therapy.
Sexual Offense Therapy*
Be prepared to provide other evidence of rehabilitation in the event the sentencing court did not order sexual offense therapy, or in the event the program was not certified by the ODRC.
*FAIR is in the process of attempting to have this requirement removed.