REPRESENTATIVES Kilbane, Willamowski, Collier, Kearns, McGregor, Hollister, C. Evans, Clancy, Strahorn, S. Smith, Widener, Key, Hartnett, Ujvagi, Fessler, Harwood, Setzer, Webster, Aslanides, Barrett, Book, Carano, Carmichael, Cates, Chandler, Daniels, DeGeeter, Distel, Domenick, Driehaus, Faber, Flowers, Gibbs, Gilb, Grendell, Hagan, Hoops, Hughes, Jerse, Koziura, Latta, Martin, Niehaus, Oelslager, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Redfern, Reidelbach, Schaffer, Schlichter, Schmidt, Schneider, Skindell, Slaby, G. Smith, D. Stewart, Taylor, Trakas, Walcher, Widowfield, Wolpert, Woodard, Young

To amend sections 2930.16, 2967.03, 2967.12, and

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5149.101 of the Revised Code to require the Parole

2

Board, at the request of the victim of a specified

3

offense or certain other persons, to hold a full

4

board hearing and to permit the victim of such an

5

offense, the victim's representative, and the

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victim's immediate family to testify at that

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hearing.

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

Section 1. That sections 2930.16, 2967.03, 2967.12, and	9
5149.101 of the Revised Code be amended to read as follows:	10

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	11
in a case who has requested to receive notice under this section	12
shall be given notice of the incarceration of the defendant. If an	13
alleged juvenile offender is committed to the temporary custody of	14
a school, camp, institution, or other facility operated for the	15
care of delinquent children or to the legal custody of the	16
department of youth services, a victim in a case who has requested	17
to receive notice under this section shall be given notice of the	18
commitment. Promptly after sentence is imposed upon the defendant	19
or the commitment of the alleged juvenile offender is ordered, the	20
prosecutor in the case shall notify the victim of the date on	21
which the defendant will be released from confinement or the	22
prosecutor's reasonable estimate of that date or the date on which	23
the alleged juvenile offender will have served the minimum period	24
of commitment or the prosecutor's reasonable estimate of that	25
date. The prosecutor also shall notify the victim of the name of	26
the custodial agency of the defendant or alleged juvenile offender	27
and tell the victim how to contact that custodial agency. If the	28
custodial agency is the department of rehabilitation and	29
correction, the prosecutor shall notify the victim of the services	30
offered by the office of victims' services pursuant to section	31
5120.60 of the Revised Code. If the custodial agency is the	32
department of youth services, the prosecutor shall notify the	33
victim of the services provided by the office of victims' services	34
within the release authority of the department pursuant to section	35
5139.55 of the Revised Code and the victim's right pursuant to	36
section 5139.56 of the Revised Code to submit a written request to	37
the release authority to be notified of actions the release	38
authority takes with respect to the alleged juvenile offender. The	39
victim shall keep the custodial agency informed of the victim's	40
current address and telephone number.	41

(B)(1) Upon the victim's request, the prosecutor promptly	42
shall notify the victim of any hearing for judicial release of the	43
defendant pursuant to section 2929.20 of the Revised Code or of	44
any hearing for judicial release or early release of the alleged	45
juvenile offender pursuant to section 2151.38 of the Revised Code	46
and of the victim's right to make a statement under those	47
sections. The court shall notify the victim of its ruling in each	48
of those hearings and on each of those applications.	49

(2) Upon the request of a victim of a crime that is a	50
sexually violent offense and that is committed by a sexually	51
violent predator who is sentenced to a prison term pursuant to	52
division (A)(3) of section 2971.03 of the Revised Code, the	53
prosecutor promptly shall notify the victim of any hearing to be	54
conducted pursuant to section 2971.05 of the Revised Code to	55
determine whether to modify the requirement that the offender	56
serve the entire prison term in a state correctional facility in	57
accordance with division (C) of that section, whether to continue,	58
revise, or revoke any existing modification of that requirement,	59
or whether to terminate the prison term in accordance with	60
division (D) of that section. The court shall notify the victim of	61
any order issued at the conclusion of the hearing. As used in this	62
division, "sexually violent offense" and "sexually violent	63
predator" have the same meanings as in section 2971.01 of the	64
Revised Code.	65

(C) Upon the victim's request made at any time before the	66
particular notice would be due, the custodial agency of a	67
defendant or alleged juvenile offender shall give the victim any	68
of the following notices that is applicable:	69

(1) At least three weeks before the adult parole authority	70
recommends a pardon or commutation of sentence for the defendant	71
or at least three weeks prior to a hearing before the adult parole	72
authority regarding a grant of parole to the defendant, notice of	73
the victim's right to submit a statement regarding the impact of	74
the defendant's release in accordance with section 2967.12 of the	75
Revised Code and, if applicable, of the victim's right to appear	76
at a full board hearing of the parole board to give testimony as	77
authorized by section 5149.101 of the Revised Code;	78

(2) At least three weeks before the defendant is transferred	79
to transitional control under section 2967.26 of the Revised Code,	80
notice of the pendency of the transfer and of the victim's right	81
under that section to submit a statement regarding the impact of	82
the transfer;	83

(3) At least thirty days before the release authority of the	84
department of youth services holds a release review, release	85
hearing, or discharge review for the alleged juvenile offender,	86
notice of the pendency of the review or hearing, of the victim's	87
right to make an oral or written statement regarding the impact of	88
the crime upon the victim or regarding the possible release or	89
discharge, and, if the notice pertains to a hearing, of the	90
victim's right to attend and make statements or comments at the	91
hearing as authorized by section 5139.56 of the Revised Code;	92

(4) Prompt notice of the defendant's or alleged juvenile	93
offender's escape from a facility of the custodial agency in which	94
the defendant was incarcerated or in which the alleged juvenile	95
offender was placed after commitment, of the defendant's or	96
alleged juvenile offender's absence without leave from a mental	97
health or mental retardation and developmental disabilities	98
facility or from other custody, and of the capture of the	99
defendant or alleged juvenile offender after an escape or absence;	100

(5) Notice of the defendant's or alleged juvenile offender's	101
death while in confinement or custody;	102

(6) Notice of the defendant's or alleged juvenile offender's	103
release from confinement or custody and the terms and conditions	104
of the release.	105

Sec. 2967.03.  The adult parole authority may exercise its	106
functions and duties in relation to the pardon, commutation of	107
sentence, or reprieve of a convict upon direction of the governor	108
or upon its own initiative. It may exercise its functions and	109
duties in relation to the parole of a prisoner who is eligible for	110
parole upon the initiative of the head of the institution in which	111
the prisoner is confined or upon its own initiative. When a	112
prisoner becomes eligible for parole, the head of the institution	113
in which the prisoner is confined shall notify the authority in	114
the manner prescribed by the authority. The authority may	115
investigate and examine, or cause the investigation and	116
examination of, prisoners confined in state correctional	117
institutions concerning their conduct in the institutions, their	118
mental and moral qualities and characteristics, their knowledge of	119
a trade or profession, their former means of livelihood, their	120
family relationships, and any other matters affecting their	121
fitness to be at liberty without being a threat to society.	122

The authority may recommend to the governor the pardon,	123
commutation of sentence, or reprieve of any convict or prisoner or	124
grant a parole to any prisoner for whom parole is authorized, if	125
in its judgment there is reasonable ground to believe that	126
granting a pardon, commutation, or reprieve to the convict or	127
paroling the prisoner would further the interests of justice and	128
be consistent with the welfare and security of society. However,	129
the authority shall not recommend a pardon or commutation of	130
sentence of, or grant a parole to, any convict or prisoner until	131
the authority has complied with the applicable notice requirements	132
of sections 2930.16 and 2967.12 of the Revised Code and until it	133
has considered any statement made by a victim or a victim's	134
representative that is relevant to the convict's or prisoner's	135
case and that was sent to the authority pursuant to section	136
2930.17 of the Revised Code and any other statement made by a	137
victim or a victim's representative that is relevant to the	138
convict's or prisoner's case and that was received by the	139
authority after it provided notice of the pendency of the action	140
under sections 2930.16 and 2967.12 of the Revised Code. If a	141
victim or, victim's representative, or the victim's spouse,	142
parent, sibling, or child appears at a full board hearing of the	143
parole board and gives testimony as authorized by section 5149.101	144
of the Revised Code, the authority shall consider the testimony in	145
determining whether to grant a parole. The trial judge and	146
prosecuting attorney of the trial court in which a person was	147
convicted shall furnish to the authority, at the request of the	148
authority, a summarized statement of the facts proved at the trial	149
and of all other facts having reference to the propriety of	150
recommending a pardon or commutation, or granting a parole,	151
together with a recommendation for or against a pardon,	152
commutation, or parole, and the reasons for the recommendation.	153
The trial judge of the court, and the prosecuting attorney in the	154
trial, in which a prisoner was convicted may appear at a full	155
board hearing of the parole board and give testimony in regard to	156
the grant of a parole to the prisoner as authorized by section	157
5149.101 of the Revised Code. All state and local officials shall	158
furnish information to the authority, when so requested by it in	159
the performance of its duties.	160

The adult parole authority shall exercise its functions and	161
duties in relation to the release of prisoners who are serving a	162
stated prison term in accordance with section 2967.28 of the	163
Revised Code.	164

Sec. 2967.12.  (A) Except as provided in division (G) of this	165
section, at least three weeks before the adult parole authority	166
recommends any pardon or commutation of sentence, or grants any	167
parole, the authority shall send a notice of the pendency of the	168
pardon, commutation, or parole, setting forth the name of the	169
person on whose behalf it is made, the offense of which the person	170
was convicted, the time of conviction, and the term of the	171
person's sentence, to the prosecuting attorney and the judge of	172
the court of common pleas of the county in which the indictment	173
against the person was found. If there is more than one judge of	174
that court of common pleas, the authority shall send the notice to	175
the presiding judge.	176

(B) If a request for notification has been made pursuant to	177
section 2930.16 of the Revised Code, the adult parole authority	178
also shall give notice to the victim or the victim's	179
representative prior to recommending any pardon or commutation of	180
sentence for, or granting any parole to, the person. The authority	181
shall provide the notice at the same time as the notice required	182
by division (A) of this section and shall include in the notice	183
the information required to be set forth in that notice. The	184
notice also shall inform the victim or the victim's representative	185
that the victim or representative may send a written statement	186
relative to the victimization and the pending action to the adult	187
parole authority and that, if the authority receives any written	188
statement prior to recommending a pardon or commutation or	189
granting a parole for a person, the authority will consider the	190
statement before it recommends a pardon or commutation or grants a	191
parole. If the person is being considered for parole, the notice	192
shall inform the victim or the victim's representative that a full	193
board hearing of the parole board may be held and that the victim	194
or victim's representative may contact the office of victims'	195
services for further information. If the person being considered	196
for parole was convicted of or pleaded guilty to violating section	197
2903.01 or 2903.02 of the Revised Code, the notice shall inform	198
the victim of that offense, the victim's representative, or a	199
member of the victim's immediate family that the victim, the	200
victim's representative, and the victim's immediate family have	201
the right to give testimony at a full board hearing of the parole	202
board and that the victim or victim's representative may contact	203
the office of victims' services for further information. As used	204
in this division, "the victim's immediate family" means the	205
mother, father, spouse, sibling, or child of the victim.	206

(C) When notice of the pendency of any pardon, commutation of	207
sentence, or parole has been given as provided in division (A) of	208
this section and a hearing on the pardon, commutation, or parole	209
is continued to a date certain, the authority shall give notice by	210
mail of the further consideration of the pardon, commutation, or	211
parole to the proper judge and prosecuting attorney at least ten	212
days before the further consideration. When notice of the pendency	213
of any pardon, commutation, or parole has been given as provided	214
in division (B) of this section and the hearing on it is continued	215
to a date certain, the authority shall give notice of the further	216
consideration to the victim or the victim's representative in	217
accordance with section 2930.03 of the Revised Code.	218

(D) In case of an application for the pardon or commutation	219
of sentence of a person sentenced to capital punishment, the	220
governor may modify the requirements of notification and	221
publication if there is not sufficient time for compliance with	222
the requirements before the date fixed for the execution of	223
sentence.	224

(E) If an offender is serving a prison term imposed under	225
division (A)(3) of section 2971.03 of the Revised Code and if the	226
parole board terminates its control over the offender's service of	227
that term pursuant to section 2971.04 of the Revised Code, the	228
parole board immediately shall provide written notice of its	229
termination of control or the transfer of control to the entities	230
and persons specified in section 2971.04 of the Revised Code.	231

(F) The failure of the adult parole authority to comply with	232
the notice provisions of division (A), (B), or (C) of this section	233
or the failure of the parole board to comply with the notice	234
provisions of division (E) of this section do not give any rights	235
or any grounds for appeal or post-conviction relief to the person	236
serving the sentence.	237

(G) Divisions (A), (B), and (C) of this section do not apply	238
to any release of a person that is of the type described in	239
division (B)(2)(b) of section 5120.031 of the Revised Code.	240

Sec. 5149.101.  (A)(1) A board hearing officer, a board	241
member, or the office of victims' services may petition the board	242
for a full board hearing that relates to the proposed parole or	243
re-parole of a prisoner. At a meeting of the board at which at	244
least sevena majority of board members are present, athe	245
majority of those present shall determine whether a full board	246
hearing shall be held.	247

(2) A victim of a violation of section 2903.01 or 2903.02 of	248
the Revised Code, the victim's representative, or any person	249
described in division (B)(5) of this section may request the board	250
hold a full board hearing that relates to the proposed parole or	251
re-parole of the person that committed the violation. If a victim,	252
victim's representative, or other person requests a full board	253
hearing pursuant to this division, the board shall hold a full	254
board hearing.	255

(B) At a full board hearing that relates to the proposed	256
parole or re-parole of a prisoner and that has been petitioned for	257
in accordance with division (A) of this section, the parole board	258
shall permit the following persons to appear and to give testimony	259
or to submit written statements:	260

(1) The prosecuting attorney of the county in which the	261
original indictment against the prisoner was found and members of	262
any law enforcement agency that assisted in the prosecution of the	263
original offense;	264

(2) The judge of the court of common pleas who imposed the	265
original sentence of incarceration upon the prisoner, or the	266
judge's successor;	267

(3) The victim of the original offense for which the prisoner	268
is serving the sentence or the victim's representative designated	269
pursuant to section 2930.02 of the Revised Code:	270

(4) The victim of any behavior that resulted in parole being	271
revoked;	272

(5) With respect to a full board hearing held pursuant to	273
division (A)(2) of this section, all of the following:	274

(a) The spouse of the victim of the original offense;

275

(b) The parent or parents of the victim of the original	276
offense;	277

(c) The sibling of the victim of the original offense;

278

(d) The child or children of the victim of the original	279
offense.	280

(C) Except as otherwise provided in this division, a full	281
board hearing of the parole board is not subject to section 121.22	282
of the Revised Code. The persons who may attend a full board	283
hearing are the persons described in divisions (B)(1) to (3) of	284
this section, and representatives of the press, radio and	285
television stations, and broadcasting networks who are members of	286
a generally recognized professional media organization.	287

At the request of a person described in division (B)(3) of	288
this section, representatives of the news media described in this	289
division shall be excluded from the hearing while that person is	290
giving testimony at the hearing. The prisoner being considered for	291
parole has no right to be present at the hearing, but may be	292
represented by counsel or some other person designated by the	293
prisoner.	294

If there is an objection at a full board hearing to a	295
recommendation for the parole of a prisoner, the board may approve	296
or disapprove the recommendation or defer its decision until a	297
subsequent full board hearing. The board may permit interested	298
persons other than those listed in this division and division (B)	299
of this section to attend full board hearings pursuant to rules	300
adopted by the adult parole authority.	301

(D) The adult parole authority shall adopt rules for the	302
implementation of this section. The rules shall specify reasonable	303
restrictions on the number of media representatives that may	304
attend a hearing, based on considerations of space, and other	305
procedures designed to accomplish an effective, orderly process	306
for full board hearings.	307

Section 2. That existing sections 2930.16, 2967.03, 2967.12,	308
and 5149.101 of the Revised Code are hereby repealed.	309