Am. Sub. H. B. No. 375 As Passed by the Senate

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

Senators Schuring, Zurz, Austria, Spada, Carey

A BILL

To amend sections 103.73, 103.74, 2930.16, 2967.03, 1
2967.12, and 5149.101 and to enact sections 2
103.75, 103.76, 103.77, 103.78, and 103.79 of the 3
Revised Code to require the Parole Board, at the 4
request of the victim of a specified offense or 5
certain other persons, to hold a full board 6
hearing, to permit the victim of such an offense, 7
the victim's representative, and the victim's 8
immediate family and the prisoner's counsel or 9
another designated person to testify at that 10
hearing, and to permit the Correctional 11
Institution Inspection Committee to inspect 12
Department of Youth Services facilities. 13

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

       Section 1. That sections 103.73, 103.74, 2930.16, 2967.03, 14
2967.12, and 5149.101 be amended and sections 103.75, 103.76, 15
103.77, 103.78, and 103.79 of the Revised Code be enacted to read 16
as follows: 17

       Sec. 103.73. (A) The correctional institution inspection 18
committee shall do all of the following: 19

       (1) Subject to division (C) of this section, establish and 20
maintain a continuing program of inspection of each state 21
correctional institution used for the custody, control, training, 22
and rehabilitation of persons convicted of crime and of each 23
private correctional facility. Subject to division (C) of this 24
section, the committee may inspect any local correctional 25
institution used for the same purposes. Subject to division (C) of 26
this section, the committee, and each member of the committee, for 27
the purpose of making an inspection pursuant to this section, 28
shall have access to any state or local correctional institution, 29
to any private correctional facility, or to any part of the 30
institution or facility and shall not be required to give advance 31
notice of, or to make prior arrangements before conducting, an 32
inspection. 33

       (2) Evaluate and assist in the development of programs to 34
improve the condition or operation of correctional institutions; 35

       (3) Prepare a report for submission to the succeeding general 36
assembly of the findings the committee makes in its inspections 37
and of any programs that have been proposed or developed to 38
improve the condition or operation of the correctional 39
institutions in the state. The report shall contain a separate 40
evaluation of the inmate grievance procedure at each state 41
correctional institution. The committee shall submit the report to 42
the succeeding general assembly within fifteen days after 43
commencement of that general assembly's first regular session. 44

       (B) Subject to division (C) of this section, the committee 45
shall make an inspection of each state correctional institution 46
each biennium and of each private correctional facility each 47
biennium. The inspection shall include attendance at one general 48
meal period and one rehabilitative or educational program. 49

       (C) An inspection of a state correctional institution, a 50
private correctional facility, or a local correctional institution 51
under division (A) or (B) of this section or under section 103.74 52
of the Revised Code, or an inspection under section 103.76 of the 53
Revised Code, is subject to and shall be conducted in accordance 54
with all of the following: 55

       (1) The inspection shall not be conducted unless the 56
chairperson of the committee grants prior approval for the 57
inspection. The grant of prior approval shall specify whether the 58
inspection is to be conducted by a subcommittee appointed under 59
section 103.74 of the Revised Code or is to be conducted other 60
than by a subcommittee appointed under that section. 61

       (2) The inspection shall not be conducted unless one of the 62
following applies: 63

       (a) If the inspection is to be conducted by a subcommittee 64
appointed under section 103.74 of the Revised Code, at least two 65
members appointed to the committee are present for the inspection; 66

       (b) If division (C)(2)(a) of this section does not apply, at 67
least one member appointed to the committee and at least one staff 68
member of the committee are present for the inspection. 69

       (3) Unless the chairperson of the committee determines that 70
the inspection must be conducted outside of normal business hours 71
for any reason, including emergency circumstances or a justifiable 72
cause that perpetuates the mission of the committee, and the 73
chairperson specifies in the grant of prior approval for the 74
inspection that the chairperson has so determined, the inspection 75
shall be conducted only during normal business hours. If the 76
chairperson determines that the inspection must be conducted 77
outside of normal business hours and the chairperson specifies in 78
the grant of prior approval for the inspection that the 79
chairperson has so determined, the inspection may be conducted 80
outside of normal business hours. 81

       (4) If the inspection is to be conducted by a subcommittee 82
appointed under section 103.74 of the Revised Code, no staff 83
member of the committee may be present on the inspection unless 84
the chairperson of the committee, in the grant of prior approval 85
for the inspection, specifically authorizes staff members to be 86
present on the inspection. If the inspection is to be conducted 87
other than by a subcommittee appointed under that section, staff 88
members may be present on the inspection regardless of whether the 89
grant of prior approval contains a specific authorization for 90
staff members to be present on the inspection. 91

       (D) As used in this section: 92

       (1) "Local public entity," "out-of-state prisoner," and 93
"private contractor" have the same meanings as in section 9.07 of 94
the Revised Code. 95

       (2) "Private correctional facility" means a correctional 96
facility in this state that houses out-of-state prisoners and that 97
is operated by a private contractor under a contract with a local 98
public entity pursuant to section 9.07 of the Revised Code. 99

       Sec. 103.74. Subject to division (C) of section 103.73 of 100
the Revised Code, the chairperson of the correctional institution 101
inspection committee may appoint subcommittees, each to consist of 102
at least two members, for the purpose of conducting inspections 103
pursuant to section 103.73 or 103.76 of the Revised Code. 104

       The committee may employ a director and any other nonlegal 105
staff, who shall be in the unclassified service of the state, that 106
are necessary for the committee to carry out its duties and may 107
contract for the services of whatever nonlegal technical advisors 108
are necessary for the committee to carry out its duties. The 109
attorney general shall act as legal counsel to the committee. 110

       The chairperson and vice-chairperson of the legislative 111
service commission shall fix the compensation of the director. The 112
director, with the approval of the director of the legislative 113
service commission, shall fix the compensation of other staff of 114
the committee in accordance with a salary schedule established by 115
the director of the legislative service commission. Contracts for 116
the services of necessary technical advisors shall be approved by 117
the director of the legislative service commission. 118

       The general assembly shall biennially appropriate to the 119
correctional institution inspection committee an amount sufficient 120
to enable the committee to perform its duties. Salaries and 121
expenses incurred by the committee shall be paid from that 122
appropriation upon vouchers approved by the chairperson of the 123
committee. 124

       Sec. 103.75. As used in sections 103.76 to 103.79 of the 125
Revised Code, "youth services facility" means a facility operated, 126
or contracted for, by the department of youth services that is 127
used for the care, protection, treatment, or secure confinement of 128
any child committed to the department's custody. 129

       Sec. 103.76. Subject to division (C) of section 103.73 of 130
the Revised Code, the correctional institution inspection 131
committee may make an inspection of any youth services facility at 132
such times as it determines. 133

       Sec. 103.77. Subject to division (C) of section 103.73 of 134
the Revised Code, the correctional institution inspection 135
committee, and each member of the committee, for the purpose of 136
making inspections of youth services facilities shall have access 137
to any youth services facility, or to any part of that facility 138
and shall not be required to give advance notice of, or to make 139
prior arrangements before conducting, an inspection. 140

       Sec. 103.78. The correctional institution inspection 141
committee may do the following: 142

       (A) Subject to division (C) of section 103.73 of the Revised 143
Code, establish and maintain a continuing program of inspection of 144
youth services facilities; 145

       (B) Evaluate and assist in the development of programs to 146
improve the condition or operation of youth services facilities; 147

       Sec. 103.79. If the correctional institution inspection 148
committee conducts inspections of youth services facilities during 149
a biennium, the committee shall prepare a report for submission to 150
the succeeding general assembly of the findings the committee 151
makes in its inspections and of any programs that have been 152
proposed or developed to improve the condition or operation of 153
youth services facilities. The committee shall submit the report 154
to the succeeding general assembly within fifteen days after 155
commencement of that general assembly's first regular session. 156

       Sec. 2930.16. (A) If a defendant is incarcerated, a victim 157
in a case who has requested to receive notice under this section 158
shall be given notice of the incarceration of the defendant. If an 159
alleged juvenile offender is committed to the temporary custody of 160
a school, camp, institution, or other facility operated for the 161
care of delinquent children or to the legal custody of the 162
department of youth services, a victim in a case who has requested 163
to receive notice under this section shall be given notice of the 164
commitment. Promptly after sentence is imposed upon the defendant 165
or the commitment of the alleged juvenile offender is ordered, the 166
prosecutor in the case shall notify the victim of the date on 167
which the defendant will be released from confinement or the 168
prosecutor's reasonable estimate of that date or the date on which 169
the alleged juvenile offender will have served the minimum period 170
of commitment or the prosecutor's reasonable estimate of that 171
date. The prosecutor also shall notify the victim of the name of 172
the custodial agency of the defendant or alleged juvenile offender 173
and tell the victim how to contact that custodial agency. If the 174
custodial agency is the department of rehabilitation and 175
correction, the prosecutor shall notify the victim of the services 176
offered by the office of victims' services pursuant to section 177
5120.60 of the Revised Code. If the custodial agency is the 178
department of youth services, the prosecutor shall notify the 179
victim of the services provided by the office of victims' services 180
within the release authority of the department pursuant to section 181
5139.55 of the Revised Code and the victim's right pursuant to 182
section 5139.56 of the Revised Code to submit a written request to 183
the release authority to be notified of actions the release 184
authority takes with respect to the alleged juvenile offender. The 185
victim shall keep the custodial agency informed of the victim's 186
current address and telephone number. 187

       (B)(1) Upon the victim's request, the prosecutor promptly 188
shall notify the victim of any hearing for judicial release of the 189
defendant pursuant to section 2929.20 of the Revised Code or of 190
any hearing for judicial release or early release of the alleged 191
juvenile offender pursuant to section 2151.38 of the Revised Code 192
and of the victim's right to make a statement under those 193
sections. The court shall notify the victim of its ruling in each 194
of those hearings and on each of those applications. 195

       (2) Upon the request of a victim of a crime that is a 196
sexually violent offense and that is committed by a sexually 197
violent predator who is sentenced to a prison term pursuant to 198
division (A)(3) of section 2971.03 of the Revised Code, the 199
prosecutor promptly shall notify the victim of any hearing to be 200
conducted pursuant to section 2971.05 of the Revised Code to 201
determine whether to modify the requirement that the offender 202
serve the entire prison term in a state correctional facility in 203
accordance with division (C) of that section, whether to continue, 204
revise, or revoke any existing modification of that requirement, 205
or whether to terminate the prison term in accordance with 206
division (D) of that section. The court shall notify the victim of 207
any order issued at the conclusion of the hearing. As used in this 208
division, "sexually violent offense" and "sexually violent 209
predator" have the same meanings as in section 2971.01 of the 210
Revised Code. 211

       (C) Upon the victim's request made at any time before the 212
particular notice would be due, the custodial agency of a 213
defendant or alleged juvenile offender shall give the victim any 214
of the following notices that is applicable: 215

       (1) At least three weeks before the adult parole authority 216
recommends a pardon or commutation of sentence for the defendant 217
or at least three weeks prior to a hearing before the adult parole 218
authority regarding a grant of parole to the defendant, notice of 219
the victim's right to submit a statement regarding the impact of 220
the defendant's release in accordance with section 2967.12 of the 221
Revised Code and, if applicable, of the victim's right to appear 222
at a full board hearing of the parole board to give testimony as 223
authorized by section 5149.101 of the Revised Code; 224

       (2) At least three weeks before the defendant is transferred 225
to transitional control under section 2967.26 of the Revised Code, 226
notice of the pendency of the transfer and of the victim's right 227
under that section to submit a statement regarding the impact of 228
the transfer; 229

       (3) At least thirty days before the release authority of the 230
department of youth services holds a release review, release 231
hearing, or discharge review for the alleged juvenile offender, 232
notice of the pendency of the review or hearing, of the victim's 233
right to make an oral or written statement regarding the impact of 234
the crime upon the victim or regarding the possible release or 235
discharge, and, if the notice pertains to a hearing, of the 236
victim's right to attend and make statements or comments at the 237
hearing as authorized by section 5139.56 of the Revised Code; 238

       (4) Prompt notice of the defendant's or alleged juvenile 239
offender's escape from a facility of the custodial agency in which 240
the defendant was incarcerated or in which the alleged juvenile 241
offender was placed after commitment, of the defendant's or 242
alleged juvenile offender's absence without leave from a mental 243
health or mental retardation and developmental disabilities 244
facility or from other custody, and of the capture of the 245
defendant or alleged juvenile offender after an escape or absence; 246

       (5) Notice of the defendant's or alleged juvenile offender's 247
death while in confinement or custody; 248

       (6) Notice of the defendant's or alleged juvenile offender's 249
release from confinement or custody and the terms and conditions 250
of the release. 251

       Sec. 2967.03. The adult parole authority may exercise its 252
functions and duties in relation to the pardon, commutation of 253
sentence, or reprieve of a convict upon direction of the governor 254
or upon its own initiative. It may exercise its functions and 255
duties in relation to the parole of a prisoner who is eligible for 256
parole upon the initiative of the head of the institution in which 257
the prisoner is confined or upon its own initiative. When a 258
prisoner becomes eligible for parole, the head of the institution 259
in which the prisoner is confined shall notify the authority in 260
the manner prescribed by the authority. The authority may 261
investigate and examine, or cause the investigation and 262
examination of, prisoners confined in state correctional 263
institutions concerning their conduct in the institutions, their 264
mental and moral qualities and characteristics, their knowledge of 265
a trade or profession, their former means of livelihood, their 266
family relationships, and any other matters affecting their 267
fitness to be at liberty without being a threat to society. 268

       The authority may recommend to the governor the pardon, 269
commutation of sentence, or reprieve of any convict or prisoner or 270
grant a parole to any prisoner for whom parole is authorized, if 271
in its judgment there is reasonable ground to believe that 272
granting a pardon, commutation, or reprieve to the convict or 273
paroling the prisoner would further the interests of justice and 274
be consistent with the welfare and security of society. However, 275
the authority shall not recommend a pardon or commutation of 276
sentence of, or grant a parole to, any convict or prisoner until 277
the authority has complied with the applicable notice requirements 278
of sections 2930.16 and 2967.12 of the Revised Code and until it 279
has considered any statement made by a victim or a victim's 280
representative that is relevant to the convict's or prisoner's 281
case and that was sent to the authority pursuant to section 282
2930.17 of the Revised Code and any other statement made by a 283
victim or a victim's representative that is relevant to the 284
convict's or prisoner's case and that was received by the 285
authority after it provided notice of the pendency of the action 286
under sections 2930.16 and 2967.12 of the Revised Code. If a 287
victim or, victim's representative, or the victim's spouse, 288
parent, sibling, or child appears at a full board hearing of the 289
parole board and gives testimony as authorized by section 5149.101 290
of the Revised Code, the authority shall consider the testimony in 291
determining whether to grant a parole. The trial judge and 292
prosecuting attorney of the trial court in which a person was 293
convicted shall furnish to the authority, at the request of the 294
authority, a summarized statement of the facts proved at the trial 295
and of all other facts having reference to the propriety of 296
recommending a pardon or commutation, or granting a parole, 297
together with a recommendation for or against a pardon, 298
commutation, or parole, and the reasons for the recommendation. 299
The trial judge ~~of the court~~, ~~and~~ the prosecuting attorney ~~in the~~ 300
~~trial, in which a prisoner was convicted~~, specified law 301
enforcement agency members, and a representative of the prisoner 302
may appear at a full board hearing of the parole board and give 303
testimony in regard to the grant of a parole to the prisoner as 304
authorized by section 5149.101 of the Revised Code. All state and 305
local officials shall furnish information to the authority, when 306
so requested by it in the performance of its duties. 307

       The adult parole authority shall exercise its functions and 308
duties in relation to the release of prisoners who are serving a 309
stated prison term in accordance with section 2967.28 of the 310
Revised Code. 311

       Sec. 2967.12. (A) Except as provided in division (G) of this 312
section, at least three weeks before the adult parole authority 313
recommends any pardon or commutation of sentence, or grants any 314
parole, the authority shall send a notice of the pendency of the 315
pardon, commutation, or parole, setting forth the name of the 316
person on whose behalf it is made, the offense of which the person 317
was convicted, the time of conviction, and the term of the 318
person's sentence, to the prosecuting attorney and the judge of 319
the court of common pleas of the county in which the indictment 320
against the person was found. If there is more than one judge of 321
that court of common pleas, the authority shall send the notice to 322
the presiding judge. 323

       (B) If a request for notification has been made pursuant to 324
section 2930.16 of the Revised Code, the adult parole authority 325
also shall give notice to the victim or the victim's 326
representative prior to recommending any pardon or commutation of 327
sentence for, or granting any parole to, the person. The authority 328
shall provide the notice at the same time as the notice required 329
by division (A) of this section and shall include in the notice 330
the information required to be set forth in that notice. The 331
notice also shall inform the victim or the victim's representative 332
that the victim or representative may send a written statement 333
relative to the victimization and the pending action to the adult 334
parole authority and that, if the authority receives any written 335
statement prior to recommending a pardon or commutation or 336
granting a parole for a person, the authority will consider the 337
statement before it recommends a pardon or commutation or grants a 338
parole. If the person is being considered for parole, the notice 339
shall inform the victim or the victim's representative that a full 340
board hearing of the parole board may be held and that the victim 341
or victim's representative may contact the office of victims' 342
services for further information. If the person being considered 343
for parole was convicted of or pleaded guilty to violating section 344
2903.01 or 2903.02 of the Revised Code, the notice shall inform 345
the victim of that offense, the victim's representative, or a 346
member of the victim's immediate family that the victim, the 347
victim's representative, and the victim's immediate family have 348
the right to give testimony at a full board hearing of the parole 349
board and that the victim or victim's representative may contact 350
the office of victims' services for further information. As used 351
in this division, "the victim's immediate family" means the 352
mother, father, spouse, sibling, or child of the victim. 353

       (C) When notice of the pendency of any pardon, commutation of 354
sentence, or parole has been given as provided in division (A) of 355
this section and a hearing on the pardon, commutation, or parole 356
is continued to a date certain, the authority shall give notice by 357
mail of the further consideration of the pardon, commutation, or 358
parole to the proper judge and prosecuting attorney at least ten 359
days before the further consideration. When notice of the pendency 360
of any pardon, commutation, or parole has been given as provided 361
in division (B) of this section and the hearing on it is continued 362
to a date certain, the authority shall give notice of the further 363
consideration to the victim or the victim's representative in 364
accordance with section 2930.03 of the Revised Code. 365

       (D) In case of an application for the pardon or commutation 366
of sentence of a person sentenced to capital punishment, the 367
governor may modify the requirements of notification and 368
publication if there is not sufficient time for compliance with 369
the requirements before the date fixed for the execution of 370
sentence. 371

       (E) If an offender is serving a prison term imposed under 372
division (A)(3) of section 2971.03 of the Revised Code and if the 373
parole board terminates its control over the offender's service of 374
that term pursuant to section 2971.04 of the Revised Code, the 375
parole board immediately shall provide written notice of its 376
termination of control or the transfer of control to the entities 377
and persons specified in section 2971.04 of the Revised Code. 378

       (F) The failure of the adult parole authority to comply with 379
the notice provisions of division (A), (B), or (C) of this section 380
or the failure of the parole board to comply with the notice 381
provisions of division (E) of this section do not give any rights 382
or any grounds for appeal or post-conviction relief to the person 383
serving the sentence. 384

       (G) Divisions (A), (B), and (C) of this section do not apply 385
to any release of a person that is of the type described in 386
division (B)(2)(b) of section 5120.031 of the Revised Code. 387

       Sec. 5149.101. (A)(1) A board hearing officer, a board 388
member, or the office of victims' services may petition the board 389
for a full board hearing that relates to the proposed parole or 390
re-parole of a prisoner. At a meeting of the board at which at 391
~~least seven~~a majority of board members are present, athe 392
majority of those present shall determine whether a full board 393
hearing shall be held. 394

       (2) A victim of a violation of section 2903.01 or 2903.02 of 395
the Revised Code, the victim's representative, or any person 396
described in division (B)(5) of this section may request the board 397
hold a full board hearing that relates to the proposed parole or 398
re-parole of the person that committed the violation. If a victim, 399
victim's representative, or other person requests a full board 400
hearing pursuant to this division, the board shall hold a full 401
board hearing. 402

       (B) At a full board hearing that relates to the proposed 403
parole or re-parole of a prisoner and that has been petitioned for 404
or requested in accordance with division (A) of this section, the 405
parole board shall permit the following persons to appear and to 406
give testimony or to submit written statements: 407

       (1) The prosecuting attorney of the county in which the 408
original indictment against the prisoner was found and members of 409
any law enforcement agency that assisted in the prosecution of the 410
original offense; 411

       (2) The judge of the court of common pleas who imposed the 412
original sentence of incarceration upon the prisoner, or the 413
judge's successor; 414

       (3) The victim of the original offense for which the prisoner 415
is serving the sentence or the victim's representative designated 416
pursuant to section 2930.02 of the Revised Code: 417

       (4) The victim of any behavior that resulted in parole being 418
revoked; 419

       (5) With respect to a full board hearing held pursuant to 420
division (A)(2) of this section, all of the following: 421

       (a) The spouse of the victim of the original offense; 422

       (b) The parent or parents of the victim of the original 423
offense; 424

       (c) The sibling of the victim of the original offense; 425

       (d) The child or children of the victim of the original 426
offense. 427

       (6) Counsel or some other person designated by the prisoner 428
as a representative, as described in division (C) of this section. 429

       (C) Except as otherwise provided in this division, a full 430
board hearing of the parole board is not subject to section 121.22 431
of the Revised Code. The persons who may attend a full board 432
hearing are the persons described in divisions (B)(1) to ~~(3)~~(6) of 433
this section, and representatives of the press, radio and 434
television stations, and broadcasting networks who are members of 435
a generally recognized professional media organization. 436

       At the request of a person described in division (B)(3) of 437
this section, representatives of the news media described in this 438
division shall be excluded from the hearing while that person is 439
giving testimony at the hearing. The prisoner being considered for 440
parole has no right to be present at the hearing, but may be 441
represented by counsel or some other person designated by the 442
prisoner. 443

       If there is an objection at a full board hearing to a 444
recommendation for the parole of a prisoner, the board may approve 445
or disapprove the recommendation or defer its decision until a 446
subsequent full board hearing. The board may permit interested 447
persons other than those listed in this division and division (B) 448
of this section to attend full board hearings pursuant to rules 449
adopted by the adult parole authority. 450

       (D) The adult parole authority shall adopt rules for the 451
implementation of this section. The rules shall specify reasonable 452
restrictions on the number of media representatives that may 453
attend a hearing, based on considerations of space, and other 454
procedures designed to accomplish an effective, orderly process 455
for full board hearings. 456

       Section 2. That existing sections 103.73, 103.74, 2930.16, 457
2967.03, 2967.12, and 5149.101 of the Revised Code are hereby 458
repealed. 459

Section 1. That sections 103.73, 103.74, 2930.16, 2967.03,	14
2967.12, and 5149.101 be amended and sections 103.75, 103.76,	15
103.77, 103.78, and 103.79 of the Revised Code be enacted to read	16
as follows:	17

Sec. 103.73. (A) The correctional institution inspection	18
committee shall do all of the following:	19

(1) Subject to division (C) of this section, establish and	20
maintain a continuing program of inspection of each state	21
correctional institution used for the custody, control, training,	22
and rehabilitation of persons convicted of crime and of each	23
private correctional facility. Subject to division (C) of this	24
section, the committee may inspect any local correctional	25
institution used for the same purposes. Subject to division (C) of	26
this section, the committee, and each member of the committee, for	27
the purpose of making an inspection pursuant to this section,	28
shall have access to any state or local correctional institution,	29
to any private correctional facility, or to any part of the	30
institution or facility and shall not be required to give advance	31
notice of, or to make prior arrangements before conducting, an	32
inspection.	33

(2) Evaluate and assist in the development of programs to	34
improve the condition or operation of correctional institutions;	35

(3) Prepare a report for submission to the succeeding general	36
assembly of the findings the committee makes in its inspections	37
and of any programs that have been proposed or developed to	38
improve the condition or operation of the correctional	39
institutions in the state. The report shall contain a separate	40
evaluation of the inmate grievance procedure at each state	41
correctional institution. The committee shall submit the report to	42
the succeeding general assembly within fifteen days after	43
commencement of that general assembly's first regular session.	44

(B) Subject to division (C) of this section, the committee	45
shall make an inspection of each state correctional institution	46
each biennium and of each private correctional facility each	47
biennium. The inspection shall include attendance at one general	48
meal period and one rehabilitative or educational program.	49

(C) An inspection of a state correctional institution, a	50
private correctional facility, or a local correctional institution	51
under division (A) or (B) of this section or under section 103.74	52
of the Revised Code, or an inspection under section 103.76 of the	53
Revised Code, is subject to and shall be conducted in accordance	54
with all of the following:	55

(1) The inspection shall not be conducted unless the	56
chairperson of the committee grants prior approval for the	57
inspection. The grant of prior approval shall specify whether the	58
inspection is to be conducted by a subcommittee appointed under	59
section 103.74 of the Revised Code or is to be conducted other	60
than by a subcommittee appointed under that section.	61

(2) The inspection shall not be conducted unless one of the	62
following applies:	63

(a) If the inspection is to be conducted by a subcommittee	64
appointed under section 103.74 of the Revised Code, at least two	65
members appointed to the committee are present for the inspection;	66

(b) If division (C)(2)(a) of this section does not apply, at	67
least one member appointed to the committee and at least one staff	68
member of the committee are present for the inspection.	69

(3) Unless the chairperson of the committee determines that	70
the inspection must be conducted outside of normal business hours	71
for any reason, including emergency circumstances or a justifiable	72
cause that perpetuates the mission of the committee, and the	73
chairperson specifies in the grant of prior approval for the	74
inspection that the chairperson has so determined, the inspection	75
shall be conducted only during normal business hours. If the	76
chairperson determines that the inspection must be conducted	77
outside of normal business hours and the chairperson specifies in	78
the grant of prior approval for the inspection that the	79
chairperson has so determined, the inspection may be conducted	80
outside of normal business hours.	81

(4) If the inspection is to be conducted by a subcommittee	82
appointed under section 103.74 of the Revised Code, no staff	83
member of the committee may be present on the inspection unless	84
the chairperson of the committee, in the grant of prior approval	85
for the inspection, specifically authorizes staff members to be	86
present on the inspection. If the inspection is to be conducted	87
other than by a subcommittee appointed under that section, staff	88
members may be present on the inspection regardless of whether the	89
grant of prior approval contains a specific authorization for	90
staff members to be present on the inspection.	91

(1) "Local public entity," "out-of-state prisoner," and	93
"private contractor" have the same meanings as in section 9.07 of	94
the Revised Code.	95

(2) "Private correctional facility" means a correctional	96
facility in this state that houses out-of-state prisoners and that	97
is operated by a private contractor under a contract with a local	98
public entity pursuant to section 9.07 of the Revised Code.	99

Sec. 103.74. Subject to division (C) of section 103.73 of	100
the Revised Code, the chairperson of the correctional institution	101
inspection committee may appoint subcommittees, each to consist of	102
at least two members, for the purpose of conducting inspections	103
pursuant to section 103.73 or 103.76 of the Revised Code.	104

The committee may employ a director and any other nonlegal	105
staff, who shall be in the unclassified service of the state, that	106
are necessary for the committee to carry out its duties and may	107
contract for the services of whatever nonlegal technical advisors	108
are necessary for the committee to carry out its duties. The	109
attorney general shall act as legal counsel to the committee.	110

The chairperson and vice-chairperson of the legislative	111
service commission shall fix the compensation of the director. The	112
director, with the approval of the director of the legislative	113
service commission, shall fix the compensation of other staff of	114
the committee in accordance with a salary schedule established by	115
the director of the legislative service commission. Contracts for	116
the services of necessary technical advisors shall be approved by	117
the director of the legislative service commission.	118

The general assembly shall biennially appropriate to the	119
correctional institution inspection committee an amount sufficient	120
to enable the committee to perform its duties. Salaries and	121
expenses incurred by the committee shall be paid from that	122
appropriation upon vouchers approved by the chairperson of the	123
committee.	124

Sec. 103.75. As used in sections 103.76 to 103.79 of the	125
Revised Code, "youth services facility" means a facility operated,	126
or contracted for, by the department of youth services that is	127
used for the care, protection, treatment, or secure confinement of	128
any child committed to the department's custody.	129

Sec. 103.76. Subject to division (C) of section 103.73 of	130
the Revised Code, the correctional institution inspection	131
committee may make an inspection of any youth services facility at	132
such times as it determines.	133

Sec. 103.77. Subject to division (C) of section 103.73 of	134
the Revised Code, the correctional institution inspection	135
committee, and each member of the committee, for the purpose of	136
making inspections of youth services facilities shall have access	137
to any youth services facility, or to any part of that facility	138
and shall not be required to give advance notice of, or to make	139
prior arrangements before conducting, an inspection.	140

Sec. 103.78. The correctional institution inspection	141
committee may do the following:	142

(A) Subject to division (C) of section 103.73 of the Revised	143
Code, establish and maintain a continuing program of inspection of	144
youth services facilities;	145

(B) Evaluate and assist in the development of programs to	146
improve the condition or operation of youth services facilities;	147

Sec. 103.79. If the correctional institution inspection	148
committee conducts inspections of youth services facilities during	149
a biennium, the committee shall prepare a report for submission to	150
the succeeding general assembly of the findings the committee	151
makes in its inspections and of any programs that have been	152
proposed or developed to improve the condition or operation of	153
youth services facilities. The committee shall submit the report	154
to the succeeding general assembly within fifteen days after	155
commencement of that general assembly's first regular session.	156

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	157
in a case who has requested to receive notice under this section	158
shall be given notice of the incarceration of the defendant. If an	159
alleged juvenile offender is committed to the temporary custody of	160
a school, camp, institution, or other facility operated for the	161
care of delinquent children or to the legal custody of the	162
department of youth services, a victim in a case who has requested	163
to receive notice under this section shall be given notice of the	164
commitment. Promptly after sentence is imposed upon the defendant	165
or the commitment of the alleged juvenile offender is ordered, the	166
prosecutor in the case shall notify the victim of the date on	167
which the defendant will be released from confinement or the	168
prosecutor's reasonable estimate of that date or the date on which	169
the alleged juvenile offender will have served the minimum period	170
of commitment or the prosecutor's reasonable estimate of that	171
date. The prosecutor also shall notify the victim of the name of	172
the custodial agency of the defendant or alleged juvenile offender	173
and tell the victim how to contact that custodial agency. If the	174
custodial agency is the department of rehabilitation and	175
correction, the prosecutor shall notify the victim of the services	176
offered by the office of victims' services pursuant to section	177
5120.60 of the Revised Code. If the custodial agency is the	178
department of youth services, the prosecutor shall notify the	179
victim of the services provided by the office of victims' services	180
within the release authority of the department pursuant to section	181
5139.55 of the Revised Code and the victim's right pursuant to	182
section 5139.56 of the Revised Code to submit a written request to	183
the release authority to be notified of actions the release	184
authority takes with respect to the alleged juvenile offender. The	185
victim shall keep the custodial agency informed of the victim's	186
current address and telephone number.	187

(B)(1) Upon the victim's request, the prosecutor promptly	188
shall notify the victim of any hearing for judicial release of the	189
defendant pursuant to section 2929.20 of the Revised Code or of	190
any hearing for judicial release or early release of the alleged	191
juvenile offender pursuant to section 2151.38 of the Revised Code	192
and of the victim's right to make a statement under those	193
sections. The court shall notify the victim of its ruling in each	194
of those hearings and on each of those applications.	195

(2) Upon the request of a victim of a crime that is a	196
sexually violent offense and that is committed by a sexually	197
violent predator who is sentenced to a prison term pursuant to	198
division (A)(3) of section 2971.03 of the Revised Code, the	199
prosecutor promptly shall notify the victim of any hearing to be	200
conducted pursuant to section 2971.05 of the Revised Code to	201
determine whether to modify the requirement that the offender	202
serve the entire prison term in a state correctional facility in	203
accordance with division (C) of that section, whether to continue,	204
revise, or revoke any existing modification of that requirement,	205
or whether to terminate the prison term in accordance with	206
division (D) of that section. The court shall notify the victim of	207
any order issued at the conclusion of the hearing. As used in this	208
division, "sexually violent offense" and "sexually violent	209
predator" have the same meanings as in section 2971.01 of the	210
Revised Code.	211

(C) Upon the victim's request made at any time before the	212
particular notice would be due, the custodial agency of a	213
defendant or alleged juvenile offender shall give the victim any	214
of the following notices that is applicable:	215