As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 15

Representatives Hoops, Aslanides, Blessing, Bubp, Calvert, Collier, Combs, C. Evans, Fessler, Gibbs, Hagan, Hughes, Kearns, Latta, Law, Martin, McGregor, T. Patton, Reidelbach, Setzer, Schaffer, Webster, White, Widener, Widowfield, Willamowski, Wolpert, Allen, Barrett, Carano, DeGeeter, Distel, Driehaus, Hartnett, Otterman, S. Patton, Perry, Ujvagi 

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A BILL

To amend sections 2929.20, 2967.01, 2967.03, 2967.12,

1

and 2967.26 and to enact section 5120.66 of the

2

Revised Code to require the Department of

3

Rehabilitation and Correction to establish and

4

operate an Internet database that contains

5

specified offense, sentence, and release

6

information for each inmate serving a prison term

7

for certain designated violence-related or

8

sex-related offenses; to grant any person a right

9

to submit a written statement regarding certain

10

possible releases or transfers of any such inmate;

11

to require the judge or the Adult Parole Authority

12

to consider any such statement prior to granting

13

or recommending the release of or transfer for any

14

such inmate; and to specify that these provisions

15

are to be known as "Laura's Law."

16

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

Section 1. That sections 2929.20, 2967.01, 2967.03, 2967.12,	17
and 2967.26 be amended and section 5120.66 of the Revised Code be	18
enacted to read as follows:	19

Sec. 2929.20.  (A) As used in this section, "eligible:

20

(1) "Eligible offender" means any person serving a stated	21
prison term of ten years or less when either of the following	22
applies:	23

(1)(a) The stated prison term does not include a mandatory	24
prison term.	25

(2)(b) The stated prison term includes a mandatory prison	26
term, and the person has served the mandatory prison term.	27

(2) "Designated violence-related or sex-related offense" has	28
the same meaning as in section 5120.66 of the Revised Code.	29

(B) Upon the filing of a motion by the eligible offender or	30
upon its own motion, a sentencing court may reduce the offender's	31
stated prison term through a judicial release in accordance with	32
this section. The court shall not reduce the stated prison term of	33
an offender who is not an eligible offender. An eligible offender	34
may file a motion for judicial release with the sentencing court	35
within the following applicable period of time:	36

(1)(a) Except as otherwise provided in division (B)(1)(b) or	37
(c) of this section, if the stated prison term was imposed for a	38
felony of the fourth or fifth degree, the eligible offender may	39
file the motion not earlier than thirty days or later than ninety	40
days after the offender is delivered to a state correctional	41
institution.	42

(b) If the stated prison term is five years and is an	43
aggregate of stated prison terms that are being served	44
consecutively and that were imposed for any combination of	45
felonies of the fourth degree and felonies of the fifth degree,	46
the eligible offender may file the motion after the eligible	47
offender has served four years of the stated prison term.	48

(c) If the stated prison term is more than five years and not	49
more than ten years and is an aggregate of stated prison terms	50
that are being served consecutively and that were imposed for any	51
combination of felonies of the fourth degree and felonies of the	52
fifth degree, the eligible offender may file the motion after the	53
eligible offender has served five years of the stated prison term.	54

(2) Except as otherwise provided in division (B)(3) or (4) of	55
this section, if the stated prison term was imposed for a felony	56
of the first, second, or third degree, the eligible offender may	57
file the motion not earlier than one hundred eighty days after the	58
offender is delivered to a state correctional institution.	59

(3) If the stated prison term is five years, the eligible	60
offender may file the motion after the eligible offender has	61
served four years of the stated prison term.	62

(4) If the stated prison term is more than five years and not	63
more than ten years, the eligible offender may file the motion	64
after the eligible offender has served five years of the stated	65
prison term.	66

(5) If the offender's stated prison term includes a mandatory	67
prison term, the offender shall file the motion within the time	68
authorized under division (B)(1), (2), (3), or (4) of this section	69
for the nonmandatory portion of the prison term, but the time for	70
filing the motion does not begin to run until after the expiration	71
of the mandatory portion of the prison term.	72

(C) Upon receipt of a timely motion for judicial release	73
filed by an eligible offender under division (B) of this section	74
or upon the sentencing court's own motion made within the	75
appropriate time period specified in that division, the court may	76
schedule a hearing on the motion. The court may deny the motion	77
without a hearing but shall not grant the motion without a	78
hearing. If a court denies a motion without a hearing, the court	79
may consider a subsequent judicial release for that eligible	80
offender on its own motion or a subsequent motion filed by that	81
eligible offender. If a court denies a motion after a hearing, the	82
court shall not consider a subsequent motion for that eligible	83
offender. The court shall hold only one hearing for any eligible	84
offender.	85

A hearing under this section shall be conducted in open court	86
within sixty days after the date on which the motion is filed,	87
provided that the court may delay the hearing for a period not to	88
exceed one hundred eighty additional days. If the court holds a	89
hearing on the motion, the court shall enter a ruling on the	90
motion within ten days after the hearing. If the court denies the	91
motion without a hearing, the court shall enter its ruling on the	92
motion within sixty days after the motion is filed.	93

(D) If a court schedules a hearing under division (C) of this	94
section, the court shall notify the eligible offender of the	95
hearing. The eligible offender promptly shall give a copy of the	96
notice of the hearing to the head of the state correctional	97
institution in which the eligible offender is confined. Upon	98
receipt of a copy of the notice of the court from the eligible	99
offender, if the eligible offender is serving a prison term or	100
term of imprisonment for any designated violence-related or	101
sex-related offense, the head of the state correctional	102
institution immediately shall notify the appropriate person at the	103
department of rehabilitation and correction of the hearing, and	104
the department immediately shall post on the database it maintains	105
pursuant to section 5120.66 of the Revised Code the offender's	106
name and all of the information specified in division (B)(1)(c)(i)	107
of that section. If the court schedules a hearing for judicial	108
release, the court promptly shall give notice of the hearing to	109
the prosecuting attorney of the county in which the eligible	110
offender was indicted. Upon receipt of the notice from the court,	111
the prosecuting attorney shall notify the victim of the offense	112
for which the stated prison term was imposed or the victim's	113
representative, pursuant to section 2930.16 of the Revised Code,	114
of the hearing.	115

(E) Prior to the date of the hearing on a motion for judicial	116
release under this section, the head of the state correctional	117
institution in which the eligible offender in question is confined	118
shall send to the court a report on the eligible offender's	119
conduct in the institution and in any institution from which the	120
eligible offender may have been transferred. The report shall	121
cover the eligible offender's participation in school, vocational	122
training, work, treatment, and other rehabilitative activities and	123
any disciplinary action taken against the eligible offender. The	124
report shall be made part of the record of the hearing.	125

(F) If the court grants a hearing on a motion for judicial	126
release under this section, the eligible offender shall attend the	127
hearing if ordered to do so by the court. Upon receipt of a copy	128
of the journal entry containing the order, the head of the state	129
correctional institution in which the eligible offender is	130
incarcerated shall deliver the eligible offender to the sheriff of	131
the county in which the hearing is to be held. The sheriff shall	132
convey the eligible offender to the hearing and return the	133
offender to the institution after the hearing.	134

(G) At the hearing on a motion for judicial release under	135
this section, the court shall afford the eligible offender and the	136
eligible offender's attorney an opportunity to present written	137
information relevant to the motion and shall afford the eligible	138
offender, if present, and the eligible offender's attorney an	139
opportunity to present oral information relevant to the motion.	140
The court shall afford a similar opportunity to the prosecuting	141
attorney, the victim or the victim's representative, as defined in	142
section 2930.01 of the Revised Code, and any other person the	143
court determines is likely to present additional relevant	144
information. The court shall consider any statement of a victim	145
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	146
any victim impact statement prepared pursuant to section 2947.051	147
of the Revised Code, and any report made under division (E) of	148
this section, and, if the eligible offender is serving a prison	149
term or term of imprisonment for any designated violence-related	150
or sex-related offense, the court also shall consider any written	151
statement of any person submitted to the court pursuant to	152
division (J) of this section. After ruling on the motion, the	153
court shall notify the victim of the ruling in accordance with	154
sections 2930.03 and 2930.16 of the Revised Code.	155

(H)(1) A court shall not grant a judicial release under this	156
section to an eligible offender who is imprisoned for a felony of	157
the first or second degree, or to an eligible offender who	158
committed an offense contained in Chapter 2925. or 3719. of the	159
Revised Code and for whom there was a presumption under section	160
2929.13 of the Revised Code in favor of a prison term, unless the	161
court, with reference to factors under section 2929.12 of the	162
Revised Code, finds both of the following:	163

(a) That a sanction other than a prison term would adequately	164
punish the offender and protect the public from future criminal	165
violations by the eligible offender because the applicable factors	166
indicating a lesser likelihood of recidivism outweigh the	167
applicable factors indicating a greater likelihood of recidivism;	168

(b) That a sanction other than a prison term would not demean	169
the seriousness of the offense because factors indicating that the	170
eligible offender's conduct in committing the offense was less	171
serious than conduct normally constituting the offense outweigh	172
factors indicating that the eligible offender's conduct was more	173
serious than conduct normally constituting the offense.	174

(2) A court that grants a judicial release to an eligible	175
offender under division (H)(1) of this section shall specify on	176
the record both findings required in that division and also shall	177
list all the factors described in that division that were	178
presented at the hearing.	179

(I) If the court grants a motion for judicial release under	180
this section, the court shall order the release of the eligible	181
offender, shall place the eligible offender under an appropriate	182
community control sanction, under appropriate community control	183
conditions, and under the supervision of the department of	184
probation serving the court, and shall reserve the right to	185
reimpose the sentence that it reduced pursuant to the judicial	186
release if the offender violates the sanction. If the court	187
reimposes the reduced sentence pursuant to this reserved right, it	188
may do so either concurrently with, or consecutive to, any new	189
sentence imposed upon the eligible offender as a result of the	190
violation that is a new offense. The period of the community	191
control sanction shall be no longer than five years. The court, in	192
its discretion, may reduce the period of the community control	193
sanction by the amount of time the eligible offender spent in jail	194
for the offense and in prison. If the court made any findings	195
pursuant to division (H)(1) of this section, the court shall serve	196
a copy of the findings upon counsel for the parties within fifteen	197
days after the date on which the court grants the motion for	198
judicial release.	199

Prior to being released pursuant to a judicial release	200
granted under this section, the eligible offender shall serve any	201
extension of sentence that was imposed under section 2967.11 of	202
the Revised Code.	203

(J) In addition to and independent of the right of a victim	204
to make a statement pursuant to section 2930.14, 2930.17, or	205
2946.051 of the Revised Code and any right of a person to present	206
written information or make a statement pursuant to division (G)	207
of this section, if the eligible offender is serving a prison term	208
or term of imprisonment for any designated violence-related or	209
sex-related offense, any person may submit to the court, at any	210
time prior to the hearing on the offender's motion for judicial	211
release, a written statement concerning the effects of the	212
offender's crime or crimes, the circumstances surrounding the	213
crime or crimes, the manner in which the crime or crimes were	214
perpetrated, and the person's opinion as to whether the offender	215
should be released.	216

Sec. 2967.01.  As used in this chapter:

217

(A) "State correctional institution" includes any institution	218
or facility that is operated by the department of rehabilitation	219
and correction and that is used for the custody, care, or	220
treatment of criminal, delinquent, or psychologically or	221
psychiatrically disturbed offenders.	222

(B) "Pardon" means the remission of penalty by the governor	223
in accordance with the power vested in the governor by the	224
constitution.	225

(C) "Commutation" or "commutation of sentence" means the	226
substitution by the governor of a lesser for a greater punishment.	227
A stated prison term may be commuted without the consent of the	228
convict, except when granted upon the acceptance and performance	229
by the convict of conditions precedent. After commutation, the	230
commuted prison term shall be the only one in existence. The	231
commutation may be stated in terms of commuting from a named	232
offense to a lesser included offense with a shorter prison term,	233
in terms of commuting from a stated prison term in months and	234
years to a shorter prison term in months and years, or in terms of	235
commuting from any other stated prison term to a shorter prison	236
term.	237

(D) "Reprieve" means the temporary suspension by the governor	238
of the execution of a sentence or prison term. The governor may	239
grant a reprieve without the consent of and against the will of	240
the convict.	241

(E) "Parole" means, regarding a prisoner who is serving a	242
prison term for aggravated murder or murder, who is serving a	243
prison term of life imprisonment for rape or for felonious sexual	244
penetration as it existed under section 2907.12 of the Revised	245
Code prior to September 3, 1996, or who was sentenced prior to	246
July 1, 1996, a release of the prisoner from confinement in any	247
state correctional institution by the adult parole authority that	248
is subject to the eligibility criteria specified in this chapter	249
and that is under the terms and conditions, and for the period of	250
time, prescribed by the authority in its published rules and	251
official minutes or required by division (A) of section 2967.131	252
of the Revised Code or another provision of this chapter.	253

(F) "Head of a state correctional institution" or "head of	254
the institution" means the resident head of the institution and	255
the person immediately in charge of the institution, whether	256
designated warden, superintendent, or any other name by which the	257
head is known.	258

(G) "Convict" means a person who has been convicted of a	259
felony under the laws of this state, whether or not actually	260
confined in a state correctional institution, unless the person	261
has been pardoned or has served the person's sentence or prison	262
term.	263

(H) "Prisoner" means a person who is in actual confinement in	264
a state correctional institution.	265

(I) "Parolee" means any inmate who has been released from	266
confinement on parole by order of the adult parole authority or	267
conditionally pardoned, who is under supervision of the adult	268
parole authority and has not been granted a final release, and who	269
has not been declared in violation of the inmate's parole by the	270
authority or is performing the prescribed conditions of a	271
conditional pardon.	272

(J) "Releasee" means an inmate who has been released from	273
confinement pursuant to section 2967.28 of the Revised Code under	274
a period of post-release control that includes one or more	275
post-release control sanctions.	276

(K) "Final release" means a remission by the adult parole	277
authority of the balance of the sentence or prison term of a	278
parolee or prisoner or the termination by the authority of a term	279
of post-release control of a releasee.	280

(L) "Parole violator" or "release violator" means any parolee	281
or releasee who has been declared to be in violation of the	282
condition of parole or post-release control specified in division	283
(A) or (B) of section 2967.131 of the Revised Code or in violation	284
of any other term, condition, or rule of the parolee's or	285
releasee's parole or of the parolee's or releasee's post-release	286
control sanctions, the determination of which has been made by the	287
adult parole authority and recorded in its official minutes.	288

(M) "Administrative release" means a termination of	289
jurisdiction over a particular sentence or prison term by the	290
adult parole authority for administrative convenience.	291

(N) "Post-release control" means a period of supervision by	292
the adult parole authority after a prisoner's release from	293
imprisonment that includes one or more post-release control	294
sanctions imposed under section 2967.28 of the Revised Code.	295

(O) "Post-release control sanction" means a sanction that is	296
authorized under sections 2929.16 to 2929.18 of the Revised Code	297
and that is imposed upon a prisoner upon the prisoner's release	298
from a prison term.	299

(P) "Community control sanction," "prison term," "mandatory	300
prison term," and "stated prison term" have the same meanings as	301
in section 2929.01 of the Revised Code.	302

(Q) "Transitional control" means control of a prisoner under	303
the transitional control program established by the department of	304
rehabilitation and correction under section 2967.26 of the Revised	305
Code, if the department establishes a program of that nature under	306
that section.	307

(R) "Random drug testing" has the same meaning as in section	308
5120.63 of the Revised Code.	309

(S) "Designated violence-related or sex-related offense" has	310
the same meaning as in section 5120.66 of the Revised Code.	311

Sec. 2967.03.  The adult parole authority may exercise its	312
functions and duties in relation to the pardon, commutation of	313
sentence, or reprieve of a convict upon direction of the governor	314
or upon its own initiative. It may exercise its functions and	315
duties in relation to the parole of a prisoner who is eligible for	316
parole upon the initiative of the head of the institution in which	317
the prisoner is confined or upon its own initiative. When a	318
prisoner becomes eligible for parole, the head of the institution	319
in which the prisoner is confined shall notify the authority in	320
the manner prescribed by the authority. The authority may	321
investigate and examine, or cause the investigation and	322
examination of, prisoners confined in state correctional	323
institutions concerning their conduct in the institutions, their	324
mental and moral qualities and characteristics, their knowledge of	325
a trade or profession, their former means of livelihood, their	326
family relationships, and any other matters affecting their	327
fitness to be at liberty without being a threat to society.	328

The authority may recommend to the governor the pardon,	329
commutation of sentence, or reprieve of any convict or prisoner or	330
grant a parole to any prisoner for whom parole is authorized, if	331
in its judgment there is reasonable ground to believe that	332
granting a pardon, commutation, or reprieve to the convict or	333
paroling the prisoner would further the interests of justice and	334
be consistent with the welfare and security of society. However,	335
the authority shall not recommend a pardon or commutation of	336
sentence of, or grant a parole to, any convict or prisoner until	337
the authority has complied with the applicable notice requirements	338
of sections 2930.16 and 2967.12 of the Revised Code and until it	339
has considered any statement made by a victim or a victim's	340
representative that is relevant to the convict's or prisoner's	341
case and that was sent to the authority pursuant to section	342
2930.17 of the Revised Code and, any other statement made by a	343
victim or a victim's representative that is relevant to the	344
convict's or prisoner's case and that was received by the	345
authority after it provided notice of the pendency of the action	346
under sections 2930.16 and 2967.12 of the Revised Code, and, if	347
the convict or prisoner is serving a prison term or term of	348
imprisonment for any designated violence-related or sex-related	349
offense, any written statement of any person submitted to the	350
court pursuant to division (H) of section 2967.12 of the Revised	351
Code. If a victim or victim's representative appears at a full	352
board hearing of the parole board and gives testimony as	353
authorized by section 5149.101 of the Revised Code, the authority	354
shall consider the testimony in determining whether to grant a	355
parole. The trial judge and prosecuting attorney of the trial	356
court in which a person was convicted shall furnish to the	357
authority, at the request of the authority, a summarized statement	358
of the facts proved at the trial and of all other facts having	359
reference to the propriety of recommending a pardon or	360
commutation, or granting a parole, together with a recommendation	361
for or against a pardon, commutation, or parole, and the reasons	362
for the recommendation. The trial judge of the court, and the	363
prosecuting attorney in the trial, in which a prisoner was	364
convicted may appear at a full board hearing of the parole board	365
and give testimony in regard to the grant of a parole to the	366
prisoner as authorized by section 5149.101 of the Revised Code.	367
All state and local officials shall furnish information to the	368
authority, when so requested by it in the performance of its	369
duties.	370

The adult parole authority shall exercise its functions and	371
duties in relation to the release of prisoners who are serving a	372
stated prison term in accordance with section 2967.28 of the	373
Revised Code.	374

Sec. 2967.12.  (A) Except as provided in division (G) of this	375
section, at least three weeks before the adult parole authority	376
recommends any pardon or commutation of sentence, or grants any	377
parole, the authority shall send a notice of the pendency of the	378
pardon, commutation, or parole, setting forth the name of the	379
person on whose behalf it is made, the offense of which the person	380
was convicted or to which the person pleaded guilty, the time of	381
conviction or the guilty plea, and the term of the person's	382
sentence, to the prosecuting attorney and the judge of the court	383
of common pleas of the county in which the indictment against the	384
person was found. If there is more than one judge of that court of	385
common pleas, the authority shall send the notice to the presiding	386
judge. If the person is serving a prison term or term of	387
imprisonment for any designated violence-related or sex-related	388
offense, the department of rehabilitation and correction, at the	389
same time that it provides the notice to the prosecuting attorney	390
and judge under this division, also shall post on the database it	391
maintains pursuant to section 5120.66 of the Revised Code the	392
offender's name and all of the information specified in division	393
(B)(1)(c)(iii) of that section.	394

(B) If a request for notification has been made pursuant to	395
section 2930.16 of the Revised Code, the adult parole authority	396
also shall give notice to the victim or the victim's	397
representative prior to recommending any pardon or commutation of	398
sentence for, or granting any parole to, the person. The authority	399
shall provide the notice at the same time as the notice required	400
by division (A) of this section and shall include in the notice	401
the information required to be set forth in that notice. The	402
notice also shall inform the victim or the victim's representative	403
that the victim or representative may send a written statement	404
relative to the victimization and the pending action to the adult	405
parole authority and that, if the authority receives any written	406
statement prior to recommending a pardon or commutation or	407
granting a parole for a person, the authority will consider the	408
statement before it recommends a pardon or commutation or grants a	409
parole. If the person is being considered for parole, the notice	410
shall inform the victim or the victim's representative that a full	411
board hearing of the parole board may be held and that the victim	412
or victim's representative may contact the office of victims'	413
services for further information.	414

(C) When notice of the pendency of any pardon, commutation of	415
sentence, or parole has been given to a judge or prosecutor or	416
posted on the database as provided in division (A) of this section	417
and a hearing on the pardon, commutation, or parole is continued	418
to a date certain, the authority shall giveprovide notice by mail	419
of the further consideration of the pardon, commutation, or parole	420
to the proper judge and prosecuting attorney at least ten days	421
before the further consideration. The notice of the further	422
consideration shall be provided to the proper judge and	423
prosecuting attorney by mail at least ten days before the further	424
consideration, and, if the initial notice was posted on the	425
database as provided in division (A) of this section, the notice	426
of the further consideration shall be posted on the database at	427
least ten days before the further consideration. When notice of	428
the pendency of any pardon, commutation, or parole has been given	429
as provided in division (B) of this section and the hearing on it	430
is continued to a date certain, the authority shall give notice of	431
the further consideration to the victim or the victim's	432
representative in accordance with section 2930.03 of the Revised	433
Code.	434

(D) In case of an application for the pardon or commutation	435
of sentence of a person sentenced to capital punishment, the	436
governor may modify the requirements of notification and	437
publication if there is not sufficient time for compliance with	438
the requirements before the date fixed for the execution of	439
sentence.	440

(E) If an offender is serving a prison term imposed under	441
division (A)(3) of section 2971.03 of the Revised Code and if the	442
parole board terminates its control over the offender's service of	443
that term pursuant to section 2971.04 of the Revised Code, the	444
parole board immediately shall provide written notice of its	445
termination of control or the transfer of control to the entities	446
and persons specified in section 2971.04 of the Revised Code.	447

(F) The failure of the adult parole authority to comply with	448
the notice or posting provisions of division (A), (B), or (C) of	449
this section or the failure of the parole board to comply with the	450
notice provisions of division (E) of this section do not give any	451
rights or any grounds for appeal or post-conviction relief to the	452
person serving the sentence.	453

(G) Divisions (A), (B), and (C) of this section do not apply	454
to any release of a person that is of the type described in	455
division (B)(2)(b) of section 5120.031 of the Revised Code.	456

(H) In addition to and independent of the right of a victim	457
to make a statement as described in division (A) of this section	458
or pursuant to section 2930.17 of the Revised Code or to otherwise	459
make a statement, the authority for a judge or prosecuting	460
attorney to furnish statements and information, make	461
recommendations, and give testimony as described in division (A)	462
of this section, the right of a prosecuting attorney, judge, or	463
victim to give testimony or submit a statement at a full parole	464
board hearing pursuant to section 5149.101 of the Revised Code,	465
and any other right or duty of a person to present information or	466
make a statement, if the offender is serving a prison term or term	467
of imprisonment for any designated violence-related or sex-related	468
offense, any person may send to the adult parole authority at any	469
time prior to the authority's recommending a pardon or commutation	470
or granting a parole for the offender a written statement relative	471
to the offense and the pending action.	472

Sec. 2967.26.  (A)(1) The department of rehabilitation and	473
correction, by rule, may establish a transitional control program	474
for the purpose of closely monitoring a prisoner's adjustment to	475
community supervision during the final one hundred eighty days of	476
the prisoner's confinement. If the department establishes a	477
transitional control program under this division, the adult parole	478
authority may transfer eligible prisoners to transitional control	479
status under the program during the final one hundred eighty days	480
of their confinement and under the terms and conditions	481
established by the department, shall provide for the confinement	482
as provided in this division of each eligible prisoner so	483
transferred, and shall supervise each eligible prisoner so	484
transferred in one or more community control sanctions. Each	485
eligible prisoner who is transferred to transitional control	486
status under the program shall be confined in a suitable facility	487
that is licensed pursuant to division (C) of section 2967.14 of	488
the Revised Code, or shall be confined in a residence the	489
department has approved for this purpose and be monitored pursuant	490
to an electronic monitoring device, as defined in section 2929.01	491
of the Revised Code. If the department establishes a transitional	492
control program under this division, the rules establishing the	493
program shall include criteria that define which prisoners are	494
eligible for the program, criteria that must be satisfied to be	495
approved as a residence that may be used for confinement under the	496
program of a prisoner that is transferred to it and procedures for	497
the department to approve residences that satisfy those criteria,	498
and provisions of the type described in division (C) of this	499
section. At a minimum, the criteria that define which prisoners	500
are eligible for the program shall provide all of the following:	501

(a) That a prisoner is eligible for the program if the	502
prisoner is serving a prison term or term of imprisonment for an	503
offense committed prior to March 17, 1998, and if, at the time at	504
which eligibility is being determined, the prisoner would have	505
been eligible for a furlough under this section as it existed	506
immediately prior to March 17, 1998, or would have been eligible	507
for conditional release under former section 2967.23 of the	508
Revised Code as that section existed immediately prior to March	509
17, 1998;	510

(b) That no prisoner who is serving a mandatory prison term	511
is eligible for the program until after expiration of the	512
mandatory term;	513

(c) That no prisoner who is serving a prison term or term of	514
life imprisonment without parole imposed pursuant to section	515
2971.03 of the Revised Code is eligible for the program.	516

(2) At least three weeks prior to transferring to	517
transitional control under this section a prisoner who is serving	518
a term of imprisonment or prison term for an offense committed on	519
or after July 1, 1996, the adult parole authority shall give	520
notice of the pendency of the transfer to transitional control to	521
the court of common pleas of the county in which the indictment	522
against the prisoner was found and of the fact that the court may	523
disapprove the transfer of the prisoner to transitional control	524
and shall include a report prepared by the head of the state	525
correctional institution in which the prisoner is confined. The	526
head of the state correctional institution in which the prisoner	527
is confined, upon the request of the adult parole authority, shall	528
provide to the authority for inclusion in the notice sent to the	529
court under this division a report on the prisoner's conduct in	530
the institution and in any institution from which the prisoner may	531
have been transferred. The report shall cover the prisoner's	532
participation in school, vocational training, work, treatment, and	533
other rehabilitative activities and any disciplinary action taken	534
against the prisoner. If the court disapproves of the transfer of	535
the prisoner to transitional control, the court shall notify the	536
authority of the disapproval within thirty days after receipt of	537
the notice. If the court timely disapproves the transfer of the	538
prisoner to transitional control, the authority shall not proceed	539
with the transfer. If the court does not timely disapprove the	540
transfer of the prisoner to transitional control, the authority	541
may transfer the prisoner to transitional control.	542

(3) If the victim of an offense for which a prisoner was	543
sentenced to a prison term or term of imprisonment has requested	544
notification under section 2930.16 of the Revised Code and has	545
provided the department of rehabilitation and correction with the	546
victim's name and address, the adult parole authority, at least	547
three weeks prior to transferring the prisoner to transitional	548
control pursuant to this section, shall notify the victim of the	549
pendency of the transfer and of the victim's right to submit a	550
statement to the authority regarding the impact of the transfer of	551
the prisoner to transitional control. If the victim subsequently	552
submits a statement of that nature to the authority, the authority	553
shall consider the statement in deciding whether to transfer the	554
prisoner to transitional control.	555

(4) If the prisoner is serving a prison term or term of	556
imprisonment for any designated violence-related or sex-related	557
offense, the adult parole authority, at least three weeks prior to	558
transferring the prisoner to transitional control pursuant to this	559
section, shall post on the database it maintains pursuant to	560
section 5120.66 of the Revised Code the prisoner's name and all of	561
the information specified in division (B)(1)(c)(iv) of that	562
section. In addition to and independent of the right of a victim	563
to submit a statement as described in division (A)(3) of this	564
section or to otherwise make a statement and in addition to and	565
independent of any other right or duty of a person to present	566
information or make a statement, if the offender is serving a	567
prison term or term of imprisonment for any designated	568
violence-related or sex-related offense, any person may send to	569
the adult parole authority at any time prior to the authority's	570
transfer of the prisoner to transitional control a written	571
statement regarding the transfer of the prisoner to transitional	572
control. In addition to the information, reports, and statements	573
it considers under divisions (A)(2) and (3) of this section or	574
that it otherwise considers, the authority shall consider each	575
statement submitted in accordance with this division in deciding	576
whether to transfer the prisoner to transitional control.	577

(B) Each prisoner transferred to transitional control under	578
this section shall be confined in the manner described in division	579
(A) of this section during any period of time that the prisoner is	580
not actually working at the prisoner's approved employment,	581
engaged in a vocational training or another educational program,	582
engaged in another program designated by the director, or engaged	583
in other activities approved by the department.	584

(C) The department of rehabilitation and correction shall	585
adopt rules for transferring eligible prisoners to transitional	586
control, supervising and confining prisoners so transferred,	587
administering the transitional control program in accordance with	588
this section, and using the moneys deposited into the transitional	589
control fund established under division (E) of this section.	590

(D) The department of rehabilitation and correction may adopt	591
rules for the issuance of passes for the limited purposes	592
described in this division to prisoners who are transferred to	593
transitional control under this section. If the department adopts	594
rules of that nature, the rules shall govern the granting of the	595
passes and shall provide for the supervision of prisoners who are	596
temporarily released pursuant to one of those passes. Upon the	597
adoption of rules under this division, the department may issue	598
passes to prisoners who are transferred to transitional control	599
status under this section in accordance with the rules and the	600
provisions of this division. All passes issued under this division	601
shall be for a maximum of forty-eight hours and may be issued only	602
for the following purposes:	603

(1) To visit a relative in imminent danger of death;

604

(2) To have a private viewing of the body of a deceased	605
relative;	606

(3) To visit with family;

607

(4) To otherwise aid in the rehabilitation of the prisoner.

608

(E) The adult parole authority may require a prisoner who is	609
transferred to transitional control to pay to the division of	610
parole and community services the reasonable expenses incurred by	611
the division in supervising or confining the prisoner while under	612
transitional control. Inability to pay those reasonable expenses	613
shall not be grounds for refusing to transfer an otherwise	614
eligible prisoner to transitional control. Amounts received by the	615
division of parole and community services under this division	616
shall be deposited into the transitional control fund, which is	617
hereby created in the state treasury and which hereby replaces and	618
succeeds the furlough services fund that formerly existed in the	619
state treasury. All moneys that remain in the furlough services	620
fund on March 17, 1998, shall be transferred on that date to the	621
transitional control fund. The transitional control fund shall be	622
used solely to pay costs related to the operation of the	623
transitional control program established under this section. The	624
director of rehabilitation and correction shall adopt rules in	625
accordance with section 111.15 of the Revised Code for the use of	626
the fund.	627

(F) A prisoner who violates any rule established by the	628
department of rehabilitation and correction under division (A),	629
(C), or (D) of this section may be transferred to a state	630
correctional institution pursuant to rules adopted under division	631
(A), (C), or (D) of this section, but the prisoner shall receive	632
credit towards completing the prisoner's sentence for the time	633
spent under transitional control.	634

If a prisoner is transferred to transitional control under	635
this section, upon successful completion of the period of	636
transitional control, the prisoner may be released on parole or	637
under post-release control pursuant to section 2967.13 or 2967.28	638
of the Revised Code and rules adopted by the department of	639
rehabilitation and correction. If the prisoner is released under	640
post-release control, the duration of the post-release control,	641
the type of post-release control sanctions that may be imposed,	642
the enforcement of the sanctions, and the treatment of prisoners	643
who violate any sanction applicable to the prisoner are governed	644
by section 2967.28 of the Revised Code.	645

Sec. 5120.66.  (A) As used in this section, "designated	646
violence-related or sex-related offense" means any of the	647
following:	648

(1) A violation of section 2903.01, 2903.02, 2903.03,	649
2903.04, 2903.041, 2903.08, 2903.11, 2903.12, 2903.15, 2905.01,	650
2905.02, 2907.02, 2907.03, 2907.05, 2907.07, 2907.21, 2907.22,	651
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, or	652
2921.38 of the Revised Code;	653

(2) A felony violation of section 2903.06, 2903.13, 2903.21,	654
2903.211, 2905.05, 2907.04, 2907.08, 2907.31, 2917.21, 2919.22,	655
2919.23, 2919.25, 2919.27, or 2921.34 of the Revised Code;	656

(3) An attempt to commit or complicity in committing a	657
violation listed in division (A)(1) or (2) of this section, if the	658
attempt or complicity is a felony.	659

(B) Not later than ninety days after the effective date of	660
this section, the department of rehabilitation and correction	661
shall establish and operate on the internet a database that	662
contains all of the following:	663

(1) For each inmate in the custody of the department under a	664
sentence imposed for a conviction of or plea of guilty to any	665
designated violence-related or sex-related offense, all of the	666
following information:	667

(a) The inmate's name;

668

(b) For each designated violence-related or sex-related	669
offense for which the inmate was sentenced to a prison term or	670
term of imprisonment and is in the department's custody and for	671
each other offense for which the inmate was so sentenced and is in	672
the department's custody, the name of the offense, the Revised	673
Code section of which the offense is a violation, the age and	674
gender of each victim of the offense if those facts are known, the	675
range of the possible prison terms or term of imprisonment that	676
could have been imposed for the offense, the actual prison term or	677
term of imprisonment imposed for the offense, the county in which	678
the offense was committed, the date on which the inmate began	679
serving the prison term or term of imprisonment imposed for the	680
offense, and either the date on which the inmate will be eligible	681
for parole relative to the offense if the prison term or term of	682
imprisonment is an indefinite term or life term or the date on	683
which the term ends if the prison term is a definite term;	684

(c) All of the following information that is applicable	685
regarding the inmate:	686

(i) Prior to the conduct of any hearing for judicial release	687
of the defendant pursuant to section 2929.20 of the Revised Code	688
in relation to any prison term or term of imprisonment the inmate	689
is serving for any offense, notice of the fact that the inmate	690
will be having a hearing regarding a possible grant of judicial	691
release, of the date of the hearing, and of the right of any	692
person pursuant to division (I) of that section to submit to the	693
court a written statement regarding the possible judicial release;	694

(ii) If the inmate is serving a prison term pursuant to	695
division (A)(3) of section 2971.03 of the Revised Code as a	696
sexually violent predator who committed a sexually violent	697
offense, prior to the conduct of any hearing pursuant to section	698
2971.05 of the Revised Code to determine whether to modify the	699
requirement that the inmate serve the entire prison term in a	700
state correctional facility in accordance with division (C) of	701
that section, whether to continue, revise, or revoke any existing	702
modification of that requirement, or whether to terminate the	703
prison term in accordance with division (D) of that section,	704
notice of the fact that the inmate will be having a hearing	705
regarding those determinations and of the date of the hearing;	706

(iii) At least three weeks before the adult parole authority	707
recommends a pardon or commutation of sentence for the inmate or	708
at least three weeks prior to a hearing before the adult parole	709
authority regarding a grant of parole to the inmate in relation to	710
any prison term or term of imprisonment the inmate is serving for	711
any offense, notice of the fact that the inmate might be under	712
consideration for a pardon or commutation of sentence or will be	713
having a hearing regarding a possible grant of parole, of the date	714
of any hearing regarding a possible grant of parole, and of the	715
right of any person to submit a written statement regarding the	716
pending action;	717

(iv) At least three weeks before the inmate is transferred to	718
transitional control under section 2967.26 of the Revised Code in	719
relation to any prison term or term of imprisonment the inmate is	720
serving for any offense, notice of the pendency of the transfer,	721
of the date of the possible transfer, and of the right of any	722
person to submit a statement regarding the possible transfer;	723

(v) Prompt notice of the inmate's escape from any facility in	724
which the inmate was incarcerated and of the capture of the inmate	725
after an escape;	726

(vi) Notice of the inmate's death while in confinement;

727

(vii) Prior to the release of the inmate from confinement,	728
notice of the fact that the inmate will be released, of the date	729
of the release, and, if applicable, of the terms and conditions of	730
the release.	731

(2) Information as to where a person can send written	732
statements of the types referred to in divisions (B)(1)(c)(i),	733
(iii), and (iv) of this section.	734

(C)(1) The department shall update the database required	735
under division (B) of this section as often as is necessary to	736
ensure that the information it contains is accurate and current.	737

(2) The database required under division (B) of this section	738
is a public record open for inspection under section 149.43 of the	739
Revised Code. The department shall make the database searchable by	740
inmate name, and by the county, zip code, and school district in	741
which was committed any offense resulting in an inmate who is	742
listed in the database being in the custody of the department.	743

(3) The database required under division (B) of this section	744
may contain information regarding inmates who are listed in the	745
database in addition to the information described in that	746
division.	747

(4) No information included on the database required under	748
division (B) of this section shall identify or enable the	749
identification of any victim of any offense committed by an	750
inmate.	751

(D) The failure of the department to comply with the	752
requirements of division (B) or (C) of this section does not give	753
any rights or any grounds for appeal or post-conviction relief to	754
any inmate.	755

(E) This section, and the related provisions of sections	756
2929.20, 2967.01, 2967.03, 2967.12, and 2967.26 of the Revised	757
Code enacted in the act in which this section was enacted, shall	758
be known as "Laura's Law."	759

Section 2. That existing sections 2929.20, 2967.01, 2967.03,	760
2967.12, and 2967.26 of the Revised Code are hereby repealed.	761

Section 3.  Section 2967.26 of the Revised Code is presented	762
in this act as a composite of the section as amended by both Am.	763
Sub. H.B. 490 and Sub. H.B. 510 of the 124th General Assembly. The	764
General Assembly, applying the principle stated in division (B) of	765
section 1.52 of the Revised Code that amendments are to be	766
harmonized if reasonably capable of simultaneous operation, finds	767
that the composite is the resulting version of the section in	768
effect prior to the effective date of the section as presented in	769
this act.	770