REPRESENTATIVES Kilbane, Willamowski, Collier, Kearns, McGregor, Hollister, C. Evans, Clancy, Strahorn, S. Smith, Widener, Key, Hartnett, Ujvagi, Fessler, Harwood, Setzer, Webster

To amend sections 2930.16 and 2967.12 and to enact

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section 5149.102 of the Revised Code to permit the

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victim of an offense of violence, or the victim's

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representative, to testify at a panel hearing of

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the Parole Board regarding the parole of the

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offender who committed the offense of violence.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2930.16 and 2967.12 be amended and	7
section 5149.102 of the Revised Code be enacted to read as	8
follows:	9

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	10
in a case who has requested to receive notice under this section	11
shall be given notice of the incarceration of the defendant. If an	12
alleged juvenile offender is committed to the temporary custody of	13
a school, camp, institution, or other facility operated for the	14
care of delinquent children or to the legal custody of the	15
department of youth services, a victim in a case who has requested	16
to receive notice under this section shall be given notice of the	17
commitment. Promptly after sentence is imposed upon the defendant	18
or the commitment of the alleged juvenile offender is ordered, the	19
prosecutor in the case shall notify the victim of the date on	20
which the defendant will be released from confinement or the	21
prosecutor's reasonable estimate of that date or the date on which	22
the alleged juvenile offender will have served the minimum period	23
of commitment or the prosecutor's reasonable estimate of that	24
date. The prosecutor also shall notify the victim of the name of	25
the custodial agency of the defendant or alleged juvenile offender	26
and tell the victim how to contact that custodial agency. If the	27
custodial agency is the department of youth services, the	28
prosecutor shall notify the victim of the services provided by the	29
office of victims' services within the release authority of the	30
department pursuant to section 5139.55 of the Revised Code and the	31
victim's right pursuant to section 5139.56 of the Revised Code to	32
submit a written request to the release authority to be notified	33
of actions the release authority takes with respect to the alleged	34
juvenile offender. The victim shall keep the custodial agency	35
informed of the victim's current address and telephone number.	36

(B)(1) Upon the victim's request, the prosecutor promptly	37
shall notify the victim of any hearing for judicial release of the	38
defendant pursuant to section 2929.20 of the Revised Code or of	39
any hearing for judicial release or early release of the alleged	40
juvenile offender pursuant to section 2151.38 of the Revised Code	41
and of the victim's right to make a statement under those	42
sections. The court shall notify the victim of its ruling in each	43
of those hearings and on each of those applications.	44

(2) Upon the request of a victim of a crime that is a	45
sexually violent offense and that is committed by a sexually	46
violent predator who is sentenced to a prison term pursuant to	47
division (A)(3) of section 2971.03 of the Revised Code, the	48
prosecutor promptly shall notify the victim of any hearing to be	49
conducted pursuant to section 2971.05 of the Revised Code to	50
determine whether to modify the requirement that the offender	51
serve the entire prison term in a state correctional facility in	52
accordance with division (C) of that section, whether to continue,	53
revise, or revoke any existing modification of that requirement,	54
or whether to terminate the prison term in accordance with	55
division (D) of that section. The court shall notify the victim of	56
any order issued at the conclusion of the hearing. As used in this	57
division, "sexually violent offense" and "sexually violent	58
predator" have the same meanings as in section 2971.01 of the	59
Revised Code.	60

(C) Upon the victim's request made at any time before the	61
particular notice would be due, the custodial agency of a	62
defendant or alleged juvenile offender shall give the victim any	63
of the following notices that is applicable:	64

(1) At least three weeks before the adult parole authority	65
recommends a pardon or commutation of sentence for the defendant	66
or at least three weeks prior to a hearing before the adult parole	67
authority regarding a grant of parole to the defendant, notice of	68
the victim's right to submit a statement regarding the impact of	69
the defendant's release in accordance with section 2967.12 of the	70
Revised Code and, notice, if applicable, of the victim's right to	71
appear at a full board hearing of the parole board to give	72
testimony as authorized by section 5149.101 of the Revised Code,	73
and notice, if applicable, of the victim's right to appear at a	74
panel hearing of the parole board to give testimony as authorized	75
by section 5149.102 of the Revised Code;	76

(2) At least three weeks before the defendant is transferred	77
to transitional control under section 2967.26 of the Revised Code,	78
notice of the pendency of the transfer and of the victim's right	79
under that section to submit a statement regarding the impact of	80
the transfer;	81

(3) At least thirty days before the release authority of the	82
department of youth services holds a release review, release	83
hearing, or discharge review for the alleged juvenile offender,	84
notice of the pendency of the review or hearing, of the victim's	85
right to make an oral or written statement regarding the impact of	86
the crime upon the victim or regarding the possible release or	87
discharge, and, if the notice pertains to a hearing, of the	88
victim's right to attend and make statements or comments at the	89
hearing as authorized by section 5139.56 of the Revised Code;	90

(4) Prompt notice of the defendant's or alleged juvenile	91
offender's escape from a facility of the custodial agency in which	92
the defendant was incarcerated or in which the alleged juvenile	93
offender was placed after commitment, of the defendant's or	94
alleged juvenile offender's absence without leave from a mental	95
health or mental retardation and developmental disabilities	96
facility or from other custody, and of the capture of the	97
defendant or alleged juvenile offender after an escape or absence;	98

(5) Notice of the defendant's or alleged juvenile offender's	99
death while in confinement or custody;	100

(6) Notice of the defendant's or alleged juvenile offender's	101
release from confinement or custody and the terms and conditions	102
of the release.	103

Sec. 2967.12.  (A) Except as provided in division (G) of this	104
section, at least three weeks before the adult parole authority	105
recommends any pardon or commutation of sentence, or grants any	106
parole, the authority shall send a notice of the pendency of the	107
pardon, commutation, or parole, setting forth the name of the	108
person on whose behalf it is made, the offense of which the person	109
was convicted, the time of conviction, and the term of the	110
person's sentence, to the prosecuting attorney and the judge of	111
the court of common pleas of the county in which the indictment	112
against the person was found. If there is more than one judge of	113
that court of common pleas, the authority shall send the notice to	114
the presiding judge.	115

(B) If a request for notification has been made pursuant to	116
section 2930.16 of the Revised Code, the adult parole authority	117
also shall give notice to the victim or the victim's	118
representative prior to recommending any pardon or commutation of	119
sentence for, or granting any parole to, the person. The authority	120
shall provide the notice at the same time as the notice required	121
by division (A) of this section and shall include in the notice	122
the information required to be set forth in that notice. The	123
notice also shall inform the victim or the victim's representative	124
that the victim or representative may send a written statement	125
relative to the victimization and the pending action to the adult	126
parole authority and that, if the authority receives any written	127
statement prior to recommending a pardon or commutation or	128
granting a parole for a person, the authority will consider the	129
statement before it recommends a pardon or commutation or grants a	130
parole. If the person is being considered for parole, the notice	131
shall inform the victim or the victim's representative that a full	132
board hearing of the parole board may be held and that the victim	133
or victim's representative may contact the office of victims'	134
services for further information. If the person is being	135
considered for parole and if the victim was the victim of an	136
offense of violence, the notice shall inform the victim or the	137
victim's representative that the victim or victim's representative	138
has the right to give testimony at a panel hearing of the parole	139
board and that the victim or victim's representative may contact	140
the office of victim's services for further information.	141

(C) When notice of the pendency of any pardon, commutation of	142
sentence, or parole has been given as provided in division (A) of	143
this section and a hearing on the pardon, commutation, or parole	144
is continued to a date certain, the authority shall give notice by	145
mail of the further consideration of the pardon, commutation, or	146
parole to the proper judge and prosecuting attorney at least ten	147
days before the further consideration. When notice of the pendency	148
of any pardon, commutation, or parole has been given as provided	149
in division (B) of this section and the hearing on it is continued	150
to a date certain, the authority shall give notice of the further	151
consideration to the victim or the victim's representative in	152
accordance with section 2930.03 of the Revised Code.	153

(D) In case of an application for the pardon or commutation	154
of sentence of a person sentenced to capital punishment, the	155
governor may modify the requirements of notification and	156
publication if there is not sufficient time for compliance with	157
the requirements before the date fixed for the execution of	158
sentence.	159

(E) If an offender is serving a prison term imposed under	160
division (A)(3) of section 2971.03 of the Revised Code and if the	161
parole board terminates its control over the offender's service of	162
that term pursuant to section 2971.04 of the Revised Code, the	163
parole board immediately shall provide written notice of its	164
termination of control or the transfer of control to the entities	165
and persons specified in section 2971.04 of the Revised Code.	166

(F) The failure of the adult parole authority to comply with	167
the notice provisions of division (A), (B), or (C) of this section	168
or the failure of the parole board to comply with the notice	169
provisions of division (E) of this section do not give any rights	170
or any grounds for appeal or post-conviction relief to the person	171
serving the sentence.	172

(G) Divisions (A), (B), and (C) of this section do not apply	173
to any release of a person that is of the type described in	174
division (B)(2)(b) of section 5120.031 of the Revised Code.	175

Sec. 5149.102. (A) As used in this section:

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(1) "Panel hearing" means the consideration by members of the	177
parole board of the proposed parole of a prisoner when that	178
consideration is not a full board hearing of the parole board	179
conducted pursuant to section 5149.101 of the Revised Code.	180

(2) "Victim's representative" means the victim's	181
representative designated pursuant to section 2930.02 of the	182
Revised Code.	183

(B) At a panel hearing that relates to the proposed parole of	184
a prisoner who is serving a term of imprisonment for committing an	185
offense of violence, the victim of the offense for which the	186
prisoner is serving the sentence or the victim's representative	187
may appear and give testimony or submit written statements.	188

(C) At the request of a person described in division (B) of	189
this section, any representatives of the news media otherwise	190
authorized to attend the hearing shall be excluded from the	191
hearing while that person is giving testimony at the hearing.	192

Section 2. That existing sections 2930.16 and 2967.12 of the	193
Revised Code are hereby repealed.	194