As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. 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, D. Evans, Gilb, Seitz, Yuko, Seaver, Healy, D. Stewart, Beatty, Boccieri, Book, Brown, Buehrer, Carmichael, Cassell, Chandler, Core, Daniels, Domenick, Faber, Fende, Garrison, Kilbane, Mason, Miller, Oelslager, Raga, Raussen, Reinhard, Sayre, Schlichter, Schneider, G. Smith, J. Stewart, Strahorn, Taylor, Trakas, Wagner, Wagoner, Williams, Mitchell 

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A BILL

To amend sections 109.42, 2929.20, 2950.10, 2950.11,

1

2967.03, 2967.12, and 2967.26 and to enact section

2

5120.66 of the Revised Code to require the

3

Department of Rehabilitation and Correction to

4

establish and operate an Internet database that

5

contains specified offense, sentence, and release

6

information for each inmate in the custody of the

7

Department; to grant any person a right to submit

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a written statement regarding certain possible

9

releases or transfers of any inmate; to require

10

the Adult Parole Authority to consider any such

11

statement prior to granting or recommending the

12

release of or transfer for any inmate; to specify

13

that the above provisions are to be known as

14

"Laura's Law;" and to require that victim or

15

community notification under the SORN Law include

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a photograph of the registrant offender.

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

Section 1. That sections 109.42, 2929.20, 2950.10, 2950.11,	18
2967.03, 2967.12, and 2967.26 be amended and section 5120.66 of	19
the Revised Code be enacted to read as follows:	20

Sec. 109.42.  (A) The attorney general shall prepare and have	21
printed a pamphlet that contains a compilation of all statutes	22
relative to victim's rights in which the attorney general lists	23
and explains the statutes in the form of a victim's bill of	24
rights. The attorney general shall distribute the pamphlet to all	25
sheriffs, marshals, municipal corporation and township police	26
departments, constables, and other law enforcement agencies, to	27
all prosecuting attorneys, city directors of law, village	28
solicitors, and other similar chief legal officers of municipal	29
corporations, and to organizations that represent or provide	30
services for victims of crime. The victim's bill of rights set	31
forth in the pamphlet shall contain a description of all of the	32
rights of victims that are provided for in Chapter 2930. or in any	33
other section of the Revised Code and shall include, but not be	34
limited to, all of the following:	35

(1) The right of a victim or a victim's representative to	36
attend a proceeding before a grand jury, in a juvenile case, or in	37
a criminal case pursuant to a subpoena without being discharged	38
from the victim's or representative's employment, having the	39
victim's or representative's employment terminated, having the	40
victim's or representative's pay decreased or withheld, or	41
otherwise being punished, penalized, or threatened as a result of	42
time lost from regular employment because of the victim's or	43
representative's attendance at the proceeding pursuant to the	44
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	45
2945.451 of the Revised Code;	46

(2) The potential availability pursuant to section 2151.359	47
or 2152.61 of the Revised Code of a forfeited recognizance to pay	48
damages caused by a child when the delinquency of the child or	49
child's violation of probation or community control is found to be	50
proximately caused by the failure of the child's parent or	51
guardian to subject the child to reasonable parental authority or	52
to faithfully discharge the conditions of probation or community	53
control;	54

(3) The availability of awards of reparations pursuant to	55
sections 2743.51 to 2743.72 of the Revised Code for injuries	56
caused by criminal offenses;	57

(4) The right of the victim in certain criminal or juvenile	58
cases or a victim's representative to receive, pursuant to section	59
2930.06 of the Revised Code, notice of the date, time, and place	60
of the trial or delinquency proceeding in the case or, if there	61
will not be a trial or delinquency proceeding, information from	62
the prosecutor, as defined in section 2930.01 of the Revised Code,	63
regarding the disposition of the case;	64

(5) The right of the victim in certain criminal or juvenile	65
cases or a victim's representative to receive, pursuant to section	66
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	67
name of the person charged with the violation, the case or docket	68
number assigned to the charge, and a telephone number or numbers	69
that can be called to obtain information about the disposition of	70
the case;	71

(6) The right of the victim in certain criminal or juvenile	72
cases or of the victim's representative pursuant to section	73
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	74
terms set by the court as authorized under section 2930.14 of the	75
Revised Code, to make a statement about the victimization and, if	76
applicable, a statement relative to the sentencing or disposition	77
of the offender;	78

(7) The opportunity to obtain a court order, pursuant to	79
section 2945.04 of the Revised Code, to prevent or stop the	80
commission of the offense of intimidation of a crime victim or	81
witness or an offense against the person or property of the	82
complainant, or of the complainant's ward or child;	83

(8) The right of the victim in certain criminal or juvenile	84
cases or a victim's representative pursuant to sections 2151.38,	85
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	86
receive notice of a pending motion for judicial release or early	87
release of the person who committed the offense against the	88
victim, to make an oral or written statement at the court hearing	89
on the motion, and to be notified of the court's decision on the	90
motion;	91

(9) The right of the victim in certain criminal or juvenile	92
cases or a victim's representative pursuant to section 2930.16,	93
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	94
of any pending commutation, pardon, parole, transitional control,	95
discharge, other form of authorized release, post-release control,	96
or supervised release for the person who committed the offense	97
against the victim or any application for release of that person	98
and to send a written statement relative to the victimization and	99
the pending action to the adult parole authority or the release	100
authority of the department of youth services;	101

(10) The right of the victim to bring a civil action pursuant	102
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	103
from the offender's profit fund;	104

(11) The right, pursuant to section 3109.09 of the Revised	105
Code, to maintain a civil action to recover compensatory damages	106
not exceeding ten thousand dollars and costs from the parent of a	107
minor who willfully damages property through the commission of an	108
act that would be a theft offense, as defined in section 2913.01	109
of the Revised Code, if committed by an adult;	110

(12) The right, pursuant to section 3109.10 of the Revised	111
Code, to maintain a civil action to recover compensatory damages	112
not exceeding ten thousand dollars and costs from the parent of a	113
minor who willfully and maliciously assaults a person;	114

(13) The possibility of receiving restitution from an	115
offender or a delinquent child pursuant to section 2152.20,	116
2929.18, or 2929.28 of the Revised Code;	117

(14) The right of the victim in certain criminal or juvenile	118
cases or a victim's representative, pursuant to section 2930.16 of	119
the Revised Code, to receive notice of the escape from confinement	120
or custody of the person who committed the offense, to receive	121
that notice from the custodial agency of the person at the	122
victim's last address or telephone number provided to the	123
custodial agency, and to receive notice that, if either the	124
victim's address or telephone number changes, it is in the	125
victim's interest to provide the new address or telephone number	126
to the custodial agency;	127

(15) The right of a victim of domestic violence to seek the	128
issuance of a civil protection order pursuant to section 3113.31	129
of the Revised Code, the right of a victim of a violation of	130
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	131
of the Revised Code, a violation of a substantially similar	132
municipal ordinance, or an offense of violence who is a family or	133
household member of the offender at the time of the offense to	134
seek the issuance of a temporary protection order pursuant to	135
section 2919.26 of the Revised Code, and the right of both types	136
of victims to be accompanied by a victim advocate during court	137
proceedings;	138

(16) The right of a victim of a sexually oriented offense	139
that is not a registration-exempt sexually oriented offense or of	140
a child-victim oriented offense that is committed by a person who	141
is convicted of or pleads guilty to an aggravated sexually	142
oriented offense, by a person who is adjudicated a sexual predator	143
or child-victim predator, or, in certain cases, by a person who is	144
determined to be a habitual sex offender or habitual child-victim	145
offender to receive, pursuant to section 2950.10 of the Revised	146
Code, notice that the person has registered with a sheriff under	147
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	148
notice of the person's name, the person's residence that is	149
registered, and the offender's school, institution of higher	150
education, or place of employment address or addresses that are	151
registered, the person's photograph, and a summary of the manner	152
in which the victim must make a request to receive the notice. As	153
used in this division, "sexually oriented offense," "adjudicated a	154
sexual predator," "habitual sex offender," "registration-exempt	155
sexually oriented offense," "aggravated sexually oriented	156
offense," "child-victim oriented offense," "adjudicated a	157
child-victim predator," and "habitual child-victim offender" have	158
the same meanings as in section 2950.01 of the Revised Code.	159

(17) The right of a victim of certain sexually violent	160
offenses committed by an offender who also is convicted of or	161
pleads guilty to a sexually violent predator specification and who	162
is sentenced to a prison term pursuant to division (A)(3) of	163
section 2971.03 of the Revised Code to receive, pursuant to	164
section 2930.16 of the Revised Code, notice of a hearing to	165
determine whether to modify the requirement that the offender	166
serve the entire prison term in a state correctional facility,	167
whether to continue, revise, or revoke any existing modification	168
of that requirement, or whether to terminate the prison term. As	169
used in this division, "sexually violent offense" and "sexually	170
violent predator specification" have the same meanings as in	171
section 2971.01 of the Revised Code.	172

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	173
prosecuting attorney, assistant prosecuting attorney, city	174
director of law, assistant city director of law, village	175
solicitor, assistant village solicitor, or similar chief legal	176
officer of a municipal corporation or an assistant of any of those	177
officers who prosecutes an offense committed in this state, upon	178
first contact with the victim of the offense, the victim's family,	179
or the victim's dependents, shall give the victim, the victim's	180
family, or the victim's dependents a copy of the pamphlet prepared	181
pursuant to division (A) of this section and explain, upon	182
request, the information in the pamphlet to the victim, the	183
victim's family, or the victim's dependents.	184

(b) Subject to division (B)(1)(c) of this section, a law	185
enforcement agency that investigates an offense or delinquent act	186
committed in this state shall give the victim of the offense or	187
delinquent act, the victim's family, or the victim's dependents a	188
copy of the pamphlet prepared pursuant to division (A) of this	189
section at one of the following times:	190

(i) Upon first contact with the victim, the victim's family,	191
or the victim's dependents;	192

(ii) If the offense or delinquent act is an offense of	193
violence, if the circumstances of the offense or delinquent act	194
and the condition of the victim, the victim's family, or the	195
victim's dependents indicate that the victim, the victim's family,	196
or the victim's dependents will not be able to understand the	197
significance of the pamphlet upon first contact with the agency,	198
and if the agency anticipates that it will have an additional	199
contact with the victim, the victim's family, or the victim's	200
dependents, upon the agency's second contact with the victim, the	201
victim's family, or the victim's dependents.	202

If the agency does not give the victim, the victim's family,	203
or the victim's dependents a copy of the pamphlet upon first	204
contact with them and does not have a second contact with the	205
victim, the victim's family, or the victim's dependents, the	206
agency shall mail a copy of the pamphlet to the victim, the	207
victim's family, or the victim's dependents at their last known	208
address.	209

(c) In complying on and after December 9, 1994, with the	210
duties imposed by division (B)(1)(a) or (b) of this section, an	211
official or a law enforcement agency shall use copies of the	212
pamphlet that are in the official's or agency's possession on	213
December 9, 1994, until the official or agency has distributed all	214
of those copies. After the official or agency has distributed all	215
of those copies, the official or agency shall use only copies of	216
the pamphlet that contain at least the information described in	217
divisions (A)(1) to (17) of this section.	218

(2) The failure of a law enforcement agency or of a	219
prosecuting attorney, assistant prosecuting attorney, city	220
director of law, assistant city director of law, village	221
solicitor, assistant village solicitor, or similar chief legal	222
officer of a municipal corporation or an assistant to any of those	223
officers to give, as required by division (B)(1) of this section,	224
the victim of an offense or delinquent act, the victim's family,	225
or the victim's dependents a copy of the pamphlet prepared	226
pursuant to division (A) of this section does not give the victim,	227
the victim's family, the victim's dependents, or a victim's	228
representative any rights under section 2743.51 to 2743.72,	229
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	230
Revised Code or under any other provision of the Revised Code and	231
does not affect any right under those sections.	232

(3) A law enforcement agency, a prosecuting attorney or	233
assistant prosecuting attorney, or a city director of law,	234
assistant city director of law, village solicitor, assistant	235
village solicitor, or similar chief legal officer of a municipal	236
corporation that distributes a copy of the pamphlet prepared	237
pursuant to division (A) of this section shall not be required to	238
distribute a copy of an information card or other printed material	239
provided by the clerk of the court of claims pursuant to section	240
2743.71 of the Revised Code.	241

(C) The cost of printing and distributing the pamphlet	242
prepared pursuant to division (A) of this section shall be paid	243
out of the reparations fund, created pursuant to section 2743.191	244
of the Revised Code, in accordance with division (D) of that	245
section.	246

(D) As used in this section:

247

(1) "Victim's representative" has the same meaning as in	248
section 2930.01 of the Revised Code;	249

(2) "Victim advocate" has the same meaning as in section	250
2919.26 of the Revised Code.	251

Sec. 2929.20.  (A) As used in this section, "eligible	252
offender" means any person serving a stated prison term of ten	253
years or less when either of the following applies:	254

(1) The stated prison term does not include a mandatory	255
prison term.	256

(2) The stated prison term includes a mandatory prison term,	257
and the person has served the mandatory prison term.	258

(B) Upon the filing of a motion by the eligible offender or	259
upon its own motion, a sentencing court may reduce the offender's	260
stated prison term through a judicial release in accordance with	261
this section. The court shall not reduce the stated prison term of	262
an offender who is not an eligible offender. An eligible offender	263
may file a motion for judicial release with the sentencing court	264
within the following applicable period of time:	265

(1)(a) Except as otherwise provided in division (B)(1)(b) or	266
(c) of this section, if the stated prison term was imposed for a	267
felony of the fourth or fifth degree, the eligible offender may	268
file the motion not earlier than thirty days or later than ninety	269
days after the offender is delivered to a state correctional	270
institution.	271

(b) If the stated prison term is five years and is an	272
aggregate of stated prison terms that are being served	273
consecutively and that were imposed for any combination of	274
felonies of the fourth degree and felonies of the fifth degree,	275
the eligible offender may file the motion after the eligible	276
offender has served four years of the stated prison term.	277

(c) If the stated prison term is more than five years and not	278
more than ten years and is an aggregate of stated prison terms	279
that are being served consecutively and that were imposed for any	280
combination of felonies of the fourth degree and felonies of the	281
fifth degree, the eligible offender may file the motion after the	282
eligible offender has served five years of the stated prison term.	283

(2) Except as otherwise provided in division (B)(3) or (4) of	284
this section, if the stated prison term was imposed for a felony	285
of the first, second, or third degree, the eligible offender may	286
file the motion not earlier than one hundred eighty days after the	287
offender is delivered to a state correctional institution.	288

(3) If the stated prison term is five years, the eligible	289
offender may file the motion after the eligible offender has	290
served four years of the stated prison term.	291

(4) If the stated prison term is more than five years and not	292
more than ten years, the eligible offender may file the motion	293
after the eligible offender has served five years of the stated	294
prison term.	295

(5) If the offender's stated prison term includes a mandatory	296
prison term, the offender shall file the motion within the time	297
authorized under division (B)(1), (2), (3), or (4) of this section	298
for the nonmandatory portion of the prison term, but the time for	299
filing the motion does not begin to run until after the expiration	300
of the mandatory portion of the prison term.	301

(C) Upon receipt of a timely motion for judicial release	302
filed by an eligible offender under division (B) of this section	303
or upon the sentencing court's own motion made within the	304
appropriate time period specified in that division, the court may	305
schedule a hearing on the motion. The court may deny the motion	306
without a hearing but shall not grant the motion without a	307
hearing. If a court denies a motion without a hearing, the court	308
may consider a subsequent judicial release for that eligible	309
offender on its own motion or a subsequent motion filed by that	310
eligible offender. If a court denies a motion after a hearing, the	311
court shall not consider a subsequent motion for that eligible	312
offender. The court shall hold only one hearing for any eligible	313
offender.	314

A hearing under this section shall be conducted in open court	315
within sixty days after the date on which the motion is filed,	316
provided that the court may delay the hearing for a period not to	317
exceed one hundred eighty additional days. If the court holds a	318
hearing on the motion, the court shall enter a ruling on the	319
motion within ten days after the hearing. If the court denies the	320
motion without a hearing, the court shall enter its ruling on the	321
motion within sixty days after the motion is filed.	322

(D) If a court schedules a hearing under division (C) of this	323
section, the court shall notify the eligible offender of the	324
hearing. The eligible offender promptly shall give a copy of the	325
notice of the hearing toand shall notify the head of the state	326
correctional institution in which the eligible offender is	327
confined of the hearing prior to the hearing. The head of the	328
state correctional institution immediately shall notify the	329
appropriate person at the department of rehabilitation and	330
correction of the hearing, and the department within twenty-four	331
hours after receipt of the notice, shall post on the database it	332
maintains pursuant to section 5120.66 of the Revised Code the	333
offender's name and all of the information specified in division	334
(A)(1)(c)(i) of that section. If the court schedules a hearing for	335
judicial release, the court promptly shall give notice of the	336
hearing to the prosecuting attorney of the county in which the	337
eligible offender was indicted. Upon receipt of the notice from	338
the court, the prosecuting attorney shall notify the victim of the	339
offense for which the stated prison term was imposed or the	340
victim's representative, pursuant to section 2930.16 of the	341
Revised Code, of the hearing.	342

(E) Prior to the date of the hearing on a motion for judicial	343
release under this section, the head of the state correctional	344
institution in which the eligible offender in question is confined	345
shall send to the court a report on the eligible offender's	346
conduct in the institution and in any institution from which the	347
eligible offender may have been transferred. The report shall	348
cover the eligible offender's participation in school, vocational	349
training, work, treatment, and other rehabilitative activities and	350
any disciplinary action taken against the eligible offender. The	351
report shall be made part of the record of the hearing.	352

(F) If the court grants a hearing on a motion for judicial	353
release under this section, the eligible offender shall attend the	354
hearing if ordered to do so by the court. Upon receipt of a copy	355
of the journal entry containing the order, the head of the state	356
correctional institution in which the eligible offender is	357
incarcerated shall deliver the eligible offender to the sheriff of	358
the county in which the hearing is to be held. The sheriff shall	359
convey the eligible offender to the hearing and return the	360
offender to the institution after the hearing.	361

(G) At the hearing on a motion for judicial release under	362
this section, the court shall afford the eligible offender and the	363
eligible offender's attorney an opportunity to present written	364
information relevant to the motion and shall afford the eligible	365
offender, if present, and the eligible offender's attorney an	366
opportunity to present oral information relevant to the motion.	367
The court shall afford a similar opportunity to the prosecuting	368
attorney, the victim or the victim's representative, as defined in	369
section 2930.01 of the Revised Code, and any other person the	370
court determines is likely to present additional relevant	371
information. The court shall consider any statement of a victim	372
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	373
any victim impact statement prepared pursuant to section 2947.051	374
of the Revised Code, and any report made under division (E) of	375
this section. The court may consider any written statement of any	376
person submitted to the court pursuant to division (J) of this	377
section. After ruling on the motion, the court shall notify the	378
victim of the ruling in accordance with sections 2930.03 and	379
2930.16 of the Revised Code.	380

(H)(1) A court shall not grant a judicial release under this	381
section to an eligible offender who is imprisoned for a felony of	382
the first or second degree, or to an eligible offender who	383
committed an offense contained in Chapter 2925. or 3719. of the	384
Revised Code and for whom there was a presumption under section	385
2929.13 of the Revised Code in favor of a prison term, unless the	386
court, with reference to factors under section 2929.12 of the	387
Revised Code, finds both of the following:	388

(a) That a sanction other than a prison term would adequately	389
punish the offender and protect the public from future criminal	390
violations by the eligible offender because the applicable factors	391
indicating a lesser likelihood of recidivism outweigh the	392
applicable factors indicating a greater likelihood of recidivism;	393

(b) That a sanction other than a prison term would not demean	394
the seriousness of the offense because factors indicating that the	395
eligible offender's conduct in committing the offense was less	396
serious than conduct normally constituting the offense outweigh	397
factors indicating that the eligible offender's conduct was more	398
serious than conduct normally constituting the offense.	399

(2) A court that grants a judicial release to an eligible	400
offender under division (H)(1) of this section shall specify on	401
the record both findings required in that division and also shall	402
list all the factors described in that division that were	403
presented at the hearing.	404

(I) If the court grants a motion for judicial release under	405
this section, the court shall order the release of the eligible	406
offender, shall place the eligible offender under an appropriate	407
community control sanction, under appropriate community control	408
conditions, and under the supervision of the department of	409
probation serving the court, and shall reserve the right to	410
reimpose the sentence that it reduced pursuant to the judicial	411
release if the offender violates the sanction. If the court	412
reimposes the reduced sentence pursuant to this reserved right, it	413
may do so either concurrently with, or consecutive to, any new	414
sentence imposed upon the eligible offender as a result of the	415
violation that is a new offense. The period of the community	416
control sanction shall be no longer than five years. The court, in	417
its discretion, may reduce the period of the community control	418
sanction by the amount of time the eligible offender spent in jail	419
for the offense and in prison. If the court made any findings	420
pursuant to division (H)(1) of this section, the court shall serve	421
a copy of the findings upon counsel for the parties within fifteen	422
days after the date on which the court grants the motion for	423
judicial release.	424

Prior to being released pursuant to a judicial release	425
granted under this section, the eligible offender shall serve any	426
extension of sentence that was imposed under section 2967.11 of	427
the Revised Code.	428

If the court grants a motion for judicial release, the court	429
shall notify the appropriate person at the department of	430
rehabilitation and correction of the judicial release, and the	431
department shall post notice of the release on the database it	432
maintains pursuant to section 5120.66 of the Revised Code.	433

(J) In addition to and independent of the right of a victim	434
to make a statement pursuant to section 2930.14, 2930.17, or	435
2946.051 of the Revised Code and any right of a person to present	436
written information or make a statement pursuant to division (G)	437
of this section, any person may submit to the court, at any time	438
prior to the hearing on the offender's motion for judicial	439
release, a written statement concerning the effects of the	440
offender's crime or crimes, the circumstances surrounding the	441
crime or crimes, the manner in which the crime or crimes were	442
perpetrated, and the person's opinion as to whether the offender	443
should be released.	444

Sec. 2950.10.  (A)(1) If a person is convicted of or pleads	445
guilty to, or has been convicted of or pleaded guilty to, either a	446
sexually oriented offense that is not a registration-exempt	447
sexually oriented offense or a child-victim oriented offense or a	448
person is adjudicated a delinquent child for committing either a	449
sexually oriented offense that is not a registration-exempt	450
sexually oriented offense or a child-victim oriented offense and	451
is classified a juvenile offender registrant or is an out-of-state	452
juvenile offender registrant based on that adjudication, if the	453
offender or delinquent child is in any category specified in	454
division (B)(1)(a), (b), or (c) of this section, if the offender	455
or delinquent child registers with a sheriff pursuant to section	456
2950.04, 2950.041, or 2950.05 of the Revised Code, and if the	457
victim of the sexually oriented offense or child-victim oriented	458
offense has made a request in accordance with rules adopted by the	459
attorney general that specifies that the victim would like to be	460
provided the notices described in this section, the sheriff shall	461
notify the victim of the sexually oriented offense or child-victim	462
oriented offense, in writing, that the offender or delinquent	463
child has registered and shall include in the notice the	464
offender's name and photograph, and the address or addresses of	465
the offender's residence, school, institution of higher education,	466
or place of employment, as applicable, or the delinquent child's	467
name, photograph, and residence address or addresses. The sheriff	468
shall provide the notice required by this division to the victim	469
at the most recent residence address available for that victim,	470
not later than five days after the offender or delinquent child	471
registers with the sheriff.	472

(2) If a person is convicted of or pleads guilty to, or has	473
been convicted of or pleaded guilty to, either a sexually oriented	474
offense that is not a registration-exempt sexually oriented	475
offense or a child-victim oriented offense or a person is	476
adjudicated a delinquent child for committing either a sexually	477
oriented offense that is not a registration-exempt sexually	478
oriented offense or a child-victim oriented offense and is	479
classified a juvenile offender registrant or is an out-of-state	480
juvenile offender registrant based on that adjudication, if the	481
offender or delinquent child is in any category specified in	482
division (B)(1)(a), (b), or (c) of this section, if the offender	483
or delinquent child registers with a sheriff pursuant to section	484
2950.04, 2950.041, or 2950.05 of the Revised Code, if the victim	485
of the sexually oriented offense or child-victim oriented offense	486
has made a request in accordance with rules adopted by the	487
attorney general that specifies that the victim would like to be	488
provided the notices described in this section, and if the	489
offender notifies the sheriff of a change of residence, school,	490
institution of higher education, or place of employment address or	491
the delinquent child notifies the sheriff of a change of residence	492
address pursuant to section 2950.05 of the Revised Code, the	493
sheriff shall notify the victim of the sexually oriented offense	494
or child-victim oriented offense, in writing, that the offender's	495
or delinquent child's address has changed and shall include in the	496
notice the offender's name and photograph, and the new address or	497
addresses of the offender's residence, school, institution of	498
higher education, or place of employment, as applicable, or the	499
delinquent child's name, photograph, and new residence address or	500
addresses. The sheriff shall provide the notice required by this	501
division to the victim at the most recent residence address	502
available for that victim, no later than five days after the	503
offender or delinquent child notifies the sheriff of the change in	504
the offender's or delinquent child's residence, school,	505
institution of higher education, or place of employment address.	506

(3) If a person is convicted of or pleads guilty to, or has	507
been convicted of or pleaded guilty to, either a sexually oriented	508
offense that is not a registration-exempt sexually oriented	509
offense or a child-victim oriented offense or a person is	510
adjudicated a delinquent child for committing either a sexually	511
oriented offense that is not a registration-exempt sexually	512
oriented offense or a child-victim oriented offense and is	513
classified a juvenile offender registrant or is an out-of-state	514
juvenile offender registrant based on that adjudication, and if	515
the offender or delinquent child is in any category specified in	516
division (B)(1)(a), (b), or (c)of(c) of this section, the victim	517
of the offense may make a request in accordance with rules adopted	518
by the attorney general pursuant to section 2950.13 of the Revised	519
Code that specifies that the victim would like to be provided the	520
notices described in divisions (A)(1) and (2) of this section. If	521
the victim makes a request in accordance with those rules, the	522
sheriff described in divisions (A)(1) and (2) of this section	523
shall provide the victim with the notices described in those	524
divisions.	525

(4) If a victim makes a request as described in division	526
(A)(3) of this section that specifies that the victim would like	527
to be provided the notices described in divisions (A)(1) and (2)	528
of this section, all information a sheriff obtains regarding the	529
victim from or as a result of the request is confidential, and the	530
information is not a public record open for inspection under	531
section 149.43 of the Revised Code.	532

(5) The notices described in divisions (A)(1) and (2) of this	533
section are in addition to any notices regarding the offender or	534
delinquent child that the victim is entitled to receive under	535
Chapter 2930. of the Revised Code.	536

(B)(1) The duties to provide the notices described in	537
divisions (A)(1) and (2) of this section apply regarding any	538
offender or delinquent child who is in any of the following	539
categories, if the other criteria set forth in division (A)(1) or	540
(2) of this section, whichever is applicable, are satisfied:	541

(a) The offender or delinquent child has been adjudicated a	542
sexual predator relative to the sexually oriented offense for	543
which the offender or delinquent child has the duty to register	544
under section 2950.04 of the Revised Code or has been adjudicated	545
a child-victim predator relative to the child-victim oriented	546
offense for which the offender or child has the duty to register	547
under section 2950.041 of the Revised Code, and the court has not	548
subsequently determined pursuant to section 2152.84 or 2152.85 of	549
the Revised Code regarding a delinquent child that the delinquent	550
child no longer is a sexual predator or no longer is a	551
child-victim predator, whichever is applicable.	552

(b) The offender or delinquent child has been determined	553
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	554
division (B) of section 2152.83, section 2152.84, or section	555
2152.85 of the Revised Code to be a habitual sex offender or a	556
habitual child-victim offender, the court has imposed a	557
requirement under that division or section subjecting the habitual	558
sex offender or habitual child-victim offender to this section,	559
and the determination has not been removed pursuant to section	560
2152.84 or 2152.85 of the Revised Code regarding a delinquent	561
child.	562

(c) The sexually oriented offense for which the offender has	563
the duty to register under section 2950.04 of the Revised Code is	564
an aggravated sexually oriented offense, regardless of whether the	565
offender has been adjudicated a sexual predator relative to the	566
offense or has been determined to be a habitual sex offender and,	567
if the offender has been so determined to be a habitual sex	568
offender, regardless of whether the habitual sex offender	569
determination has not been removed as described in division	570
(A)(1)(b) of this section.	571

(2) A victim of a sexually oriented offense that is not a	572
registration-exempt sexually oriented offense or of a child-victim	573
oriented offense is not entitled to be provided any notice	574
described in division (A)(1) or (2) of this section unless the	575
offender or delinquent child is in a category specified in	576
division (B)(1)(a), (b), or (c) of this section. A victim of a	577
sexually oriented offense that is not a registration-exempt	578
sexually oriented offense or of a child-victim oriented offense is	579
not entitled to any notice described in division (A)(1) or (2) of	580
this section unless the victim makes a request in accordance with	581
rules adopted by the attorney general pursuant to section 2950.13	582
of the Revised Code that specifies that the victim would like to	583
be provided the notices described in divisions (A)(1) and (2) of	584
this section. This division does not affect any rights of a victim	585
of a sexually oriented offense or child-victim oriented offense to	586
be provided notice regarding an offender or delinquent child that	587
are described in Chapter 2930. of the Revised Code.	588

Sec. 2950.11.  (A) As used in this section, "specified	589
geographical notification area" means the geographic area or areas	590
within which the attorney general, by rule adopted under section	591
2950.13 of the Revised Code, requires the notice described in	592
division (B) of this section to be given to the persons identified	593
in divisions (A)(2) to (8) of this section. If a person is	594
convicted of or pleads guilty to, or has been convicted of or	595
pleaded guilty to, either a sexually oriented offense that is not	596
a registration-exempt sexually oriented offense or a child-victim	597
oriented offense, or a person is adjudicated a delinquent child	598
for committing either a sexually oriented offense that is not a	599
registration-exempt sexually oriented offense or a child-victim	600
oriented offense and is classified a juvenile offender registrant	601
or is an out-of-state juvenile offender registrant based on that	602
adjudication, and if the offender or delinquent child is in any	603
category specified in division (F)(1)(a), (b), or (c) of this	604
section, the sheriff with whom the offender or delinquent child	605
has most recently registered under section 2950.04, 2950.041, or	606
2950.05 of the Revised Code and the sheriff to whom the offender	607
or delinquent child most recently sent a notice of intent to	608
reside under section 2950.04 or 2950.041 of the Revised Code,	609
within the period of time specified in division (C) of this	610
section, shall provide a written notice containing the information	611
set forth in division (B) of this section to all of the persons	612
described in divisions (A)(1) to (9) of this section. If the	613
sheriff has sent a notice to the persons described in those	614
divisions as a result of receiving a notice of intent to reside	615
and if the offender or delinquent child registers a residence	616
address that is the same residence address described in the notice	617
of intent to reside, the sheriff is not required to send an	618
additional notice when the offender or delinquent child registers.	619
The sheriff shall provide the notice to all of the following	620
persons:	621

(1)(a) Any occupant of each residential unit that is located	622
within one thousand feet of the offender's or delinquent child's	623
residential premises, that is located within the county served by	624
the sheriff, and that is not located in a multi-unit building.	625
Division (D)(3) of this section applies regarding notices required	626
under this division.	627

(b) If the offender or delinquent child resides in a	628
multi-unit building, any occupant of each residential unit that is	629
located in that multi-unit building and that shares a common	630
hallway with the offender or delinquent child. For purposes of	631
this division, an occupant's unit shares a common hallway with the	632
offender or delinquent child if the entrance door into the	633
occupant's unit is located on the same floor and opens into the	634
same hallway as the entrance door to the unit the offender or	635
delinquent child occupies. Division (D)(3) of this section applies	636
regarding notices required under this division.	637

(c) The building manager, or the person the building owner or	638
condominium unit owners association authorizes to exercise	639
management and control, of each multi-unit building that is	640
located within one thousand feet of the offender's or delinquent	641
child's residential premises, including a multi-unit building in	642
which the offender or delinquent child resides, and that is	643
located within the county served by the sheriff. In addition to	644
notifying the building manager or the person authorized to	645
exercise management and control in the multi-unit building under	646
this division, the sheriff shall post a copy of the notice	647
prominently in each common entryway in the building and any other	648
location in the building the sheriff determines appropriate. The	649
manager or person exercising management and control of the	650
building shall permit the sheriff to post copies of the notice	651
under this division as the sheriff determines appropriate. In lieu	652
of posting copies of the notice as described in this division, a	653
sheriff may provide notice to all occupants of the multi-unit	654
building by mail or personal contact; if the sheriff so notifies	655
all the occupants, the sheriff is not required to post copies of	656
the notice in the common entryways to the building. Division	657
(D)(3) of this section applies regarding notices required under	658
this division.	659

(d) All additional persons who are within any category of	660
neighbors of the offender or delinquent child that the attorney	661
general by rule adopted under section 2950.13 of the Revised Code	662
requires to be provided the notice and who reside within the	663
county served by the sheriff;	664

(2) The executive director of the public children services	665
agency that has jurisdiction within the specified geographical	666
notification area and that is located within the county served by	667
the sheriff;	668

(3)(a) The superintendent of each board of education of a	669
school district that has schools within the specified geographical	670
notification area and that is located within the county served by	671
the sheriff;	672

(b) The principal of the school within the specified	673
geographical notification area and within the county served by the	674
sheriff that the delinquent child attends;	675

(c) If the delinquent child attends a school outside of the	676
specified geographical notification area or outside of the school	677
district where the delinquent child resides, the superintendent of	678
the board of education of a school district that governs the	679
school that the delinquent child attends and the principal of the	680
school that the delinquent child attends.	681

(4)(a) The appointing or hiring officer of each chartered	682
nonpublic school located within the specified geographical	683
notification area and within the county served by the sheriff or	684
of each other school located within the specified geographical	685
notification area and within the county served by the sheriff and	686
that is not operated by a board of education described in division	687
(A)(3) of this section;	688

(b) Regardless of the location of the school, the appointing	689
or hiring officer of a chartered nonpublic school that the	690
delinquent child attends.	691

(5) The director, head teacher, elementary principal, or site	692
administrator of each preschool program governed by Chapter 3301.	693
of the Revised Code that is located within the specified	694
geographical notification area and within the county served by the	695
sheriff;	696

(6) The administrator of each child day-care center or type A	697
family day-care home that is located within the specified	698
geographical notification area and within the county served by the	699
sheriff, and the provider of each certified type B family day-care	700
home that is located within the specified geographical	701
notification area and within the county served by the sheriff. As	702
used in this division, "child day-care center," "type A family	703
day-care home," and "certified type B family day-care home" have	704
the same meanings as in section 5104.01 of the Revised Code.	705

(7) The president or other chief administrative officer of	706
each institution of higher education, as defined in section	707
2907.03 of the Revised Code, that is located within the specified	708
geographical notification area and within the county served by the	709
sheriff, and the chief law enforcement officer of the state	710
university law enforcement agency or campus police department	711
established under section 3345.04 or 1713.50 of the Revised Code,	712
if any, that serves that institution;	713

(8) The sheriff of each county that includes any portion of	714
the specified geographical notification area;	715

(9) If the offender or delinquent child resides within the	716
county served by the sheriff, the chief of police, marshal, or	717
other chief law enforcement officer of the municipal corporation	718
in which the offender or delinquent child resides or, if the	719
offender or delinquent child resides in an unincorporated area,	720
the constable or chief of the police department or police district	721
police force of the township in which the offender or delinquent	722
child resides.	723

(B) The notice required under division (A) of this section	724
shall include all of the following information regarding the	725
subject offender or delinquent child:	726

(1) The offender's or delinquent child's name;

727

(2) The address or addresses of the offender's residence,	728
school, institution of higher education, or place of employment,	729
as applicable, or the delinquent child's residence address or	730
addresses;	731

(3) The sexually oriented offense or child-victim oriented	732
offense of which the offender was convicted, to which the offender	733
pleaded guilty, or for which the child was adjudicated a	734
delinquent child;	735

(4) All of the following statements that are applicable:

736

(a) A statement that the offender has been adjudicated a	737
sexual predator, a statement that the offender has been convicted	738
of or pleaded guilty to an aggravated sexually oriented offense, a	739
statement that the delinquent child has been adjudicated a sexual	740
predator and that, as of the date of the notice, the court has not	741
entered a determination that the delinquent child no longer is a	742
sexual predator, or a statement that the sentencing or reviewing	743
judge has determined that the offender or delinquent child is a	744
habitual sex offender and that, as of the date of the notice, the	745
determination regarding a delinquent child has not been removed	746
pursuant to section 2152.84 or 2152.85 of the Revised Code;	747

(b) A statement that the offender has been adjudicated a	748
child-victim predator, a statement that the delinquent child has	749
been adjudicated a child-victim predator and that, as of the date	750
of the notice, the court has not entered a determination that the	751
delinquent child no longer is a child-victim predator, or a	752
statement that the sentencing or reviewing judge has determined	753
that the offender or delinquent child is a habitual child-victim	754
offender and that, as of the date of the notice, the determination	755
regarding a delinquent child has not been removed pursuant to	756
section 2152.84 or 2152.85 of the Revised Code;	757

(5) The offender's or delinquent child's photograph.

758

(C) If a sheriff with whom an offender or delinquent child	759
registers under section 2950.04, 2950.041, or 2950.05 of the	760
Revised Code or to whom the offender or delinquent child most	761
recently sent a notice of intent to reside under section 2950.04	762
or 2950.041 of the Revised Code is required by division (A) of	763
this section to provide notices regarding an offender or	764
delinquent child and if, pursuant to that requirement, the sheriff	765
provides a notice to a sheriff of one or more other counties in	766
accordance with division (A)(8) of this section, the sheriff of	767
each of the other counties who is provided notice under division	768
(A)(8) of this section shall provide the notices described in	769
divisions (A)(1) to (7) and (A)(9) of this section to each person	770
or entity identified within those divisions that is located within	771
the specified geographical notification area and within the county	772
served by the sheriff in question.	773

(D)(1) A sheriff required by division (A) or (C) of this	774
section to provide notices regarding an offender or delinquent	775
child shall provide the notice to the neighbors that are described	776
in division (A)(1) of this section and the notices to law	777
enforcement personnel that are described in divisions (A)(8) and	778
(9) of this section as soon as practicable, but no later than five	779
days after the offender sends the notice of intent to reside to	780
the sheriff and again no later than five days after the offender	781
or delinquent child registers with the sheriff or, if the sheriff	782
is required by division (C) to provide the notices, no later than	783
five days after the sheriff is provided the notice described in	784
division (A)(8) of this section.	785

A sheriff required by division (A) or (C) of this section to	786
provide notices regarding an offender or delinquent child shall	787
provide the notices to all other specified persons that are	788
described in divisions (A)(2) to (7) of this section as soon as	789
practicable, but not later than seven days after the offender or	790
delinquent child registers with the sheriff or, if the sheriff is	791
required by division (C) to provide the notices, no later than	792
five days after the sheriff is provided the notice described in	793
division (A)(8) of this section.	794

(2) If an offender or delinquent child in relation to whom	795
division (A) of this section applies verifies the offender's or	796
delinquent child's current residence, school, institution of	797
higher education, or place of employment address, as applicable,	798
with a sheriff pursuant to section 2950.06 of the Revised Code,	799
the sheriff may provide a written notice containing the	800
information set forth in division (B) of this section to the	801
persons identified in divisions (A)(1) to (9) of this section. If	802
a sheriff provides a notice pursuant to this division to the	803
sheriff of one or more other counties in accordance with division	804
(A)(8) of this section, the sheriff of each of the other counties	805
who is provided the notice under division (A)(8) of this section	806
may provide, but is not required to provide, a written notice	807
containing the information set forth in division (B) of this	808
section to the persons identified in divisions (A)(1) to (7) and	809
(A)(9) of this section.	810

(3) A sheriff may provide notice under division (A)(1)(a) or	811
(b) of this section, and may provide notice under division	812
(A)(1)(c) of this section to a building manager or person	813
authorized to exercise management and control of a building, by	814
mail, by personal contact, or by leaving the notice at or under	815
the entry door to a residential unit. For purposes of divisions	816
(A)(1)(a) and (b) of this section, and the portion of division	817
(A)(1)(c) of this section relating to the provision of notice to	818
occupants of a multi-unit building by mail or personal contact,	819
the provision of one written notice per unit is deemed as	820
providing notice to all occupants of that unit.	821

(E) All information that a sheriff possesses regarding a	822
sexual predator, a habitual sex offender, a child-victim predator,	823
or a habitual child-victim offender that is described in division	824
(B) of this section and that must be provided in a notice required	825
under division (A) or (C) of this section or that may be provided	826
in a notice authorized under division (D)(2) of this section is a	827
public record that is open to inspection under section 149.43 of	828
the Revised Code.	829

The sheriff shall not cause to be publicly disseminated by	830
means of the internet any of the information described in this	831
division that is provided by a sexual predator, habitual sex	832
offender, child-victim predator, or habitual child-victim offender	833
who is a juvenile offender registrant, except when the act that is	834
the basis of the child's classification as a juvenile offender	835
registrant is a violation of, or an attempt to commit a violation	836
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that	837
was committed with a purpose to gratify the sexual needs or	838
desires of the child, a violation of section 2907.02 of the	839
Revised Code, or an attempt to commit a violation of that section.	840

(F)(1) The duties to provide the notices described in	841
divisions (A) and (C) of this section apply regarding any offender	842
or delinquent child who is in any of the following categories, if	843
the other criteria set forth in division (A) or (C) of this	844
section, whichever is applicable, are satisfied:	845

(a) The offender or delinquent child has been adjudicated a	846
sexual predator relative to the sexually oriented offense for	847
which the offender or delinquent child has the duty to register	848
under section 2950.04 of the Revised Code or has been adjudicated	849
a child-victim predator relative to the child-victim oriented	850
offense for which the offender or child has the duty to register	851
under section 2950.041 of the Revised Code, and the court has not	852
subsequently determined pursuant to section 2152.84 or 2152.85 of	853
the Revised Code regarding a delinquent child that the delinquent	854
child no longer is a sexual predator or no longer is a	855
child-victim predator, whichever is applicable.	856

(b) The offender or delinquent child has been determined	857
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	858
division (B) of section 2152.83, section 2152.84, or section	859
2152.85 of the Revised Code to be a habitual sex offender or a	860
habitual child-victim offender, the court has imposed a	861
requirement under that division or section subjecting the habitual	862
sex offender or habitual child-victim offender to this section,	863
and the determination has not been removed pursuant to section	864
2152.84 or 2152.85 of the Revised Code regarding a delinquent	865
child.	866

(c) The sexually oriented offense for which the offender has	867
the duty to register under section 2950.04 of the Revised Code is	868
an aggravated sexually oriented offense, regardless of whether the	869
offender has been adjudicated a sexual predator relative to the	870
offense or has been determined to be a habitual sex offender.	871

(2) The notification provisions of this section do not apply	872
regarding a person who is convicted of or pleads guilty to, has	873
been convicted of or pleaded guilty to, or is adjudicated a	874
delinquent child for committing, a sexually oriented offense or a	875
child-victim oriented offense, who is not in the category	876
specified in either division (F)(1)(a) or (c) of this section, and	877
who is determined pursuant to division (C)(2) or (E) of section	878
2950.09 or 2950.091, division (B) of section 2152.83, section	879
2152.84, or section 2152.85 of the Revised Code to be a habitual	880
sex offender or habitual child-victim offender unless the	881
sentencing or reviewing court imposes a requirement in the	882
offender's sentence and in the judgment of conviction that	883
contains the sentence or in the delinquent child's adjudication,	884
or imposes a requirement as described in division (C)(2) of	885
section 2950.09 or 2950.091 of the Revised Code, that subjects the	886
offender or the delinquent child to the provisions of this	887
section.	888

(G) The department of job and family services shall compile,	889
maintain, and update in January and July of each year, a list of	890
all agencies, centers, or homes of a type described in division	891
(A)(2) or (6) of this section that contains the name of each	892
agency, center, or home of that type, the county in which it is	893
located, its address and telephone number, and the name of an	894
administrative officer or employee of the agency, center, or home.	895
The department of education shall compile, maintain, and update in	896
January and July of each year, a list of all boards of education,	897
schools, or programs of a type described in division (A)(3), (4),	898
or (5) of this section that contains the name of each board of	899
education, school, or program of that type, the county in which it	900
is located, its address and telephone number, the name of the	901
superintendent of the board or of an administrative officer or	902
employee of the school or program, and, in relation to a board of	903
education, the county or counties in which each of its schools is	904
located and the address of each such school. The Ohio board of	905
regents shall compile, maintain, and update in January and July of	906
each year, a list of all institutions of a type described in	907
division (A)(7) of this section that contains the name of each	908
such institution, the county in which it is located, its address	909
and telephone number, and the name of its president or other chief	910
administrative officer. A sheriff required by division (A) or (C)	911
of this section, or authorized by division (D)(2) of this section,	912
to provide notices regarding an offender or delinquent child, or a	913
designee of a sheriff of that type, may request the department of	914
job and family services, department of education, or Ohio board of	915
regents, by telephone, in person, or by mail, to provide the	916
sheriff or designee with the names, addresses, and telephone	917
numbers of the appropriate persons and entities to whom the	918
notices described in divisions (A)(2) to (7) of this section are	919
to be provided. Upon receipt of a request, the department or board	920
shall provide the requesting sheriff or designee with the names,	921
addresses, and telephone numbers of the appropriate persons and	922
entities to whom those notices are to be provided.	923

(H)(1) Upon the motion of the offender or the prosecuting	924
attorney of the county in which the offender was convicted of or	925
pleaded guilty to the sexually oriented offense or child-victim	926
oriented offense for which the offender is subject to community	927
notification under this section, or upon the motion of the	928
sentencing judge or that judge's successor in office, the judge	929
may schedule a hearing to determine whether the interests of	930
justice would be served by suspending the community notification	931
requirement under this section in relation to the offender. The	932
judge may dismiss the motion without a hearing but may not issue	933
an order suspending the community notification requirement without	934
a hearing. At the hearing, all parties are entitled to be heard,	935
and the judge shall consider all of the factors set forth in	936
division (B)(3) of section 2950.09 of the Revised Code. If, at the	937
conclusion of the hearing, the judge finds that the offender has	938
proven by clear and convincing evidence that the offender is	939
unlikely to commit in the future a sexually oriented offense or a	940
child-victim oriented offense and if the judge finds that	941
suspending the community notification requirement is in the	942
interests of justice, the judge may suspend the application of	943
this section in relation to the offender. The order shall contain	944
both of these findings.	945

The judge promptly shall serve a copy of the order upon the	946
sheriff with whom the offender most recently registered under	947
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	948
the bureau of criminal identification and investigation.	949

An order suspending the community notification requirement	950
does not suspend or otherwise alter an offender's duties to comply	951
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	952
Revised Code and does not suspend the victim notification	953
requirement under section 2950.10 of the Revised Code.	954

(2) A prosecuting attorney, a sentencing judge or that	955
judge's successor in office, and an offender who is subject to the	956
community notification requirement under this section may	957
initially make a motion under division (H)(1) of this section upon	958
the expiration of twenty years after the offender's duty to comply	959
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	960
Revised Code begins in relation to the offense for which the	961
offender is subject to community notification. After the initial	962
making of a motion under division (H)(1) of this section,	963
thereafter, the prosecutor, judge, and offender may make a	964
subsequent motion under that division upon the expiration of five	965
years after the judge has entered an order denying the initial	966
motion or the most recent motion made under that division.	967

(3) The offender and the prosecuting attorney have the right	968
to appeal an order approving or denying a motion made under	969
division (H)(1) of this section.	970

(4) Division (H) of this section does not apply to any of the	971
following types of offender:	972

(a) A person who is convicted of or pleads guilty to a	973
violent sex offense or designated homicide, assault, or kidnapping	974
offense and who, in relation to that offense, is adjudicated a	975
sexually violent predator;	976

(b) A habitual sex offender or habitual child-victim oriented	977
offender who is subject to community notification who, subsequent	978
to being subjected to community notification, has pleaded guilty	979
to or been convicted of a sexually oriented offense or a	980
child-victim oriented offense;	981

(c) A sexual predator or child-victim predator who is not	982
adjudicated a sexually violent predator who, subsequent to being	983
subjected to community notification, has pleaded guilty to or been	984
convicted of a sexually oriented offense or child-victim oriented	985
offense.	986

Sec. 2967.03.  The adult parole authority may exercise its	987
functions and duties in relation to the pardon, commutation of	988
sentence, or reprieve of a convict upon direction of the governor	989
or upon its own initiative. It may exercise its functions and	990
duties in relation to the parole of a prisoner who is eligible for	991
parole upon the initiative of the head of the institution in which	992
the prisoner is confined or upon its own initiative. When a	993
prisoner becomes eligible for parole, the head of the institution	994
in which the prisoner is confined shall notify the authority in	995
the manner prescribed by the authority. The authority may	996
investigate and examine, or cause the investigation and	997
examination of, prisoners confined in state correctional	998
institutions concerning their conduct in the institutions, their	999
mental and moral qualities and characteristics, their knowledge of	1000
a trade or profession, their former means of livelihood, their	1001
family relationships, and any other matters affecting their	1002
fitness to be at liberty without being a threat to society.	1003

The authority may recommend to the governor the pardon,	1004
commutation of sentence, or reprieve of any convict or prisoner or	1005
grant a parole to any prisoner for whom parole is authorized, if	1006
in its judgment there is reasonable ground to believe that	1007
granting a pardon, commutation, or reprieve to the convict or	1008
paroling the prisoner would further the interests of justice and	1009
be consistent with the welfare and security of society. However,	1010
the authority shall not recommend a pardon or commutation of	1011
sentence of, or grant a parole to, any convict or prisoner until	1012
the authority has complied with the applicable notice requirements	1013
of sections 2930.16 and 2967.12 of the Revised Code and until it	1014
has considered any statement made by a victim or a victim's	1015
representative that is relevant to the convict's or prisoner's	1016
case and that was sent to the authority pursuant to section	1017
2930.17 of the Revised Code and, any other statement made by a	1018
victim or a victim's representative that is relevant to the	1019
convict's or prisoner's case and that was received by the	1020
authority after it provided notice of the pendency of the action	1021
under sections 2930.16 and 2967.12 of the Revised Code, and any	1022
written statement of any person submitted to the court pursuant to	1023
division (H) of section 2967.12 of the Revised Code. If a victim,	1024
victim's representative, or the victim's spouse, parent, sibling,	1025
or child appears at a full board hearing of the parole board and	1026
gives testimony as authorized by section 5149.101 of the Revised	1027
Code, the authority shall consider the testimony in determining	1028
whether to grant a parole. The trial judge and prosecuting	1029
attorney of the trial court in which a person was convicted shall	1030
furnish to the authority, at the request of the authority, a	1031
summarized statement of the facts proved at the trial and of all	1032
other facts having reference to the propriety of recommending a	1033
pardon or commutation, or granting a parole, together with a	1034
recommendation for or against a pardon, commutation, or parole,	1035
and the reasons for the recommendation. The trial judge, the	1036
prosecuting attorney, specified law enforcement agency members,	1037
and a representative of the prisoner may appear at a full board	1038
hearing of the parole board and give testimony in regard to the	1039
grant of a parole to the prisoner as authorized by section	1040
5149.101 of the Revised Code. All state and local officials shall	1041
furnish information to the authority, when so requested by it in	1042
the performance of its duties.	1043

The adult parole authority shall exercise its functions and	1044
duties in relation to the release of prisoners who are serving a	1045
stated prison term in accordance with section 2967.28 of the	1046
Revised Code.	1047

Sec. 2967.12.  (A) Except as provided in division (G) of this	1048
section, at least three weeks before the adult parole authority	1049
recommends any pardon or commutation of sentence, or grants any	1050
parole, the authority shall send a notice of the pendency of the	1051
pardon, commutation, or parole, setting forth the name of the	1052
person on whose behalf it is made, the offense of which the person	1053
was convicted or to which the person pleaded guilty, the time of	1054
conviction or the guilty plea, and the term of the person's	1055
sentence, to the prosecuting attorney and the judge of the court	1056
of common pleas of the county in which the indictment against the	1057
person was found. If there is more than one judge of that court of	1058
common pleas, the authority shall send the notice to the presiding	1059
judge. The department of rehabilitation and correction, at the	1060
same time that it provides the notice to the prosecuting attorney	1061
and judge under this division, also shall post on the database it	1062
maintains pursuant to section 5120.66 of the Revised Code the	1063
offender's name and all of the information specified in division	1064
(A)(1)(c)(iii) of that section.	1065

(B) If a request for notification has been made pursuant to	1066
section 2930.16 of the Revised Code, the adult parole authority	1067
also shall give notice to the victim or the victim's	1068
representative prior to recommending any pardon or commutation of	1069
sentence for, or granting any parole to, the person. The authority	1070
shall provide the notice at the same time as the notice required	1071
by division (A) of this section and shall include in the notice	1072
the information required to be set forth in that notice. The	1073
notice also shall inform the victim or the victim's representative	1074
that the victim or representative may send a written statement	1075
relative to the victimization and the pending action to the adult	1076
parole authority and that, if the authority receives any written	1077
statement prior to recommending a pardon or commutation or	1078
granting a parole for a person, the authority will consider the	1079
statement before it recommends a pardon or commutation or grants a	1080
parole. If the person is being considered for parole, the notice	1081
shall inform the victim or the victim's representative that a full	1082
board hearing of the parole board may be held and that the victim	1083
or victim's representative may contact the office of victims'	1084
services for further information. If the person being considered	1085
for parole was convicted of or pleaded guilty to violating section	1086
2903.01 or 2903.02 of the Revised Code, the notice shall inform	1087
the victim of that offense, the victim's representative, or a	1088
member of the victim's immediate family that the victim, the	1089
victim's representative, and the victim's immediate family have	1090
the right to give testimony at a full board hearing of the parole	1091
board and that the victim or victim's representative may contact	1092
the office of victims' services for further information. As used	1093
in this division, "the victim's immediate family" means the	1094
mother, father, spouse, sibling, or child of the victim.	1095

(C) When notice of the pendency of any pardon, commutation of	1096
sentence, or parole has been given to a judge or prosecutor or	1097
posted on the database as provided in division (A) of this section	1098
and a hearing on the pardon, commutation, or parole is continued	1099
to a date certain, the authority shall giveprovide notice by mail	1100
of the further consideration of the pardon, commutation, or parole	1101
to the proper judge and prosecuting attorney at least ten days	1102
before the further consideration. The notice of the further	1103
consideration shall be provided to the proper judge and	1104
prosecuting attorney by mail at least ten days before the further	1105
consideration, and, if the initial notice was posted on the	1106
database as provided in division (A) of this section, the notice	1107
of the further consideration shall be posted on the database at	1108
least ten days before the further consideration. When notice of	1109
the pendency of any pardon, commutation, or parole has been given	1110
as provided in division (B) of this section and the hearing on it	1111
is continued to a date certain, the authority shall give notice of	1112
the further consideration to the victim or the victim's	1113
representative in accordance with section 2930.03 of the Revised	1114
Code.	1115

(D) In case of an application for the pardon or commutation	1116
of sentence of a person sentenced to capital punishment, the	1117
governor may modify the requirements of notification and	1118
publication if there is not sufficient time for compliance with	1119
the requirements before the date fixed for the execution of	1120
sentence.	1121

(E) If an offender is serving a prison term imposed under	1122
division (A)(3) of section 2971.03 of the Revised Code and if the	1123
parole board terminates its control over the offender's service of	1124
that term pursuant to section 2971.04 of the Revised Code, the	1125
parole board immediately shall provide written notice of its	1126
termination of control or the transfer of control to the entities	1127
and persons specified in section 2971.04 of the Revised Code.	1128

(F) The failure of the adult parole authority to comply with	1129
the notice or posting provisions of division (A), (B), or (C) of	1130
this section or the failure of the parole board to comply with the	1131
notice provisions of division (E) of this section do not give any	1132
rights or any grounds for appeal or post-conviction relief to the	1133
person serving the sentence.	1134

(G) Divisions (A), (B), and (C) of this section do not apply	1135
to any release of a person that is of the type described in	1136
division (B)(2)(b) of section 5120.031 of the Revised Code.	1137

(H) In addition to and independent of the right of a victim	1138
to make a statement as described in division (A) of this section	1139
or pursuant to section 2930.17 of the Revised Code or to otherwise	1140
make a statement, the authority for a judge or prosecuting	1141
attorney to furnish statements and information, make	1142
recommendations, and give testimony as described in division (A)	1143
of this section, the right of a prosecuting attorney, judge, or	1144
victim to give testimony or submit a statement at a full parole	1145
board hearing pursuant to section 5149.101 of the Revised Code,	1146
and any other right or duty of a person to present information or	1147
make a statement, any person may send to the adult parole	1148
authority at any time prior to the authority's recommending a	1149
pardon or commutation or granting a parole for the offender a	1150
written statement relative to the offense and the pending action.	1151

Sec. 2967.26.  (A)(1) The department of rehabilitation and	1152
correction, by rule, may establish a transitional control program	1153
for the purpose of closely monitoring a prisoner's adjustment to	1154
community supervision during the final one hundred eighty days of	1155
the prisoner's confinement. If the department establishes a	1156
transitional control program under this division, the adult parole	1157
authority may transfer eligible prisoners to transitional control	1158
status under the program during the final one hundred eighty days	1159
of their confinement and under the terms and conditions	1160
established by the department, shall provide for the confinement	1161
as provided in this division of each eligible prisoner so	1162
transferred, and shall supervise each eligible prisoner so	1163
transferred in one or more community control sanctions. Each	1164
eligible prisoner who is transferred to transitional control	1165
status under the program shall be confined in a suitable facility	1166
that is licensed pursuant to division (C) of section 2967.14 of	1167
the Revised Code, or shall be confined in a residence the	1168
department has approved for this purpose and be monitored pursuant	1169
to an electronic monitoring device, as defined in section 2929.01	1170
of the Revised Code. If the department establishes a transitional	1171
control program under this division, the rules establishing the	1172
program shall include criteria that define which prisoners are	1173
eligible for the program, criteria that must be satisfied to be	1174
approved as a residence that may be used for confinement under the	1175
program of a prisoner that is transferred to it and procedures for	1176
the department to approve residences that satisfy those criteria,	1177
and provisions of the type described in division (C) of this	1178
section. At a minimum, the criteria that define which prisoners	1179
are eligible for the program shall provide all of the following:	1180

(a) That a prisoner is eligible for the program if the	1181
prisoner is serving a prison term or term of imprisonment for an	1182
offense committed prior to March 17, 1998, and if, at the time at	1183
which eligibility is being determined, the prisoner would have	1184
been eligible for a furlough under this section as it existed	1185
immediately prior to March 17, 1998, or would have been eligible	1186
for conditional release under former section 2967.23 of the	1187
Revised Code as that section existed immediately prior to March	1188
17, 1998;	1189

(b) That no prisoner who is serving a mandatory prison term	1190
is eligible for the program until after expiration of the	1191
mandatory term;	1192

(c) That no prisoner who is serving a prison term or term of	1193
life imprisonment without parole imposed pursuant to section	1194
2971.03 of the Revised Code is eligible for the program.	1195

(2) At least three weeks prior to transferring to	1196
transitional control under this section a prisoner who is serving	1197
a term of imprisonment or prison term for an offense committed on	1198
or after July 1, 1996, the adult parole authority shall give	1199
notice of the pendency of the transfer to transitional control to	1200
the court of common pleas of the county in which the indictment	1201
against the prisoner was found and of the fact that the court may	1202
disapprove the transfer of the prisoner to transitional control	1203
and shall include a report prepared by the head of the state	1204
correctional institution in which the prisoner is confined. The	1205
head of the state correctional institution in which the prisoner	1206
is confined, upon the request of the adult parole authority, shall	1207
provide to the authority for inclusion in the notice sent to the	1208
court under this division a report on the prisoner's conduct in	1209
the institution and in any institution from which the prisoner may	1210
have been transferred. The report shall cover the prisoner's	1211
participation in school, vocational training, work, treatment, and	1212
other rehabilitative activities and any disciplinary action taken	1213
against the prisoner. If the court disapproves of the transfer of	1214
the prisoner to transitional control, the court shall notify the	1215
authority of the disapproval within thirty days after receipt of	1216
the notice. If the court timely disapproves the transfer of the	1217
prisoner to transitional control, the authority shall not proceed	1218
with the transfer. If the court does not timely disapprove the	1219
transfer of the prisoner to transitional control, the authority	1220
may transfer the prisoner to transitional control.	1221

(3) If the victim of an offense for which a prisoner was	1222
sentenced to a prison term or term of imprisonment has requested	1223
notification under section 2930.16 of the Revised Code and has	1224
provided the department of rehabilitation and correction with the	1225
victim's name and address, the adult parole authority, at least	1226
three weeks prior to transferring the prisoner to transitional	1227
control pursuant to this section, shall notify the victim of the	1228
pendency of the transfer and of the victim's right to submit a	1229
statement to the authority regarding the impact of the transfer of	1230
the prisoner to transitional control. If the victim subsequently	1231
submits a statement of that nature to the authority, the authority	1232
shall consider the statement in deciding whether to transfer the	1233
prisoner to transitional control.	1234

(4) The department of rehabilitation and correction, at least	1235
three weeks prior to a hearing to transfer the prisoner to	1236
transitional control pursuant to this section, shall post on the	1237
database it maintains pursuant to section 5120.66 of the Revised	1238
Code the prisoner's name and all of the information specified in	1239
division (A)(1)(c)(iv) of that section. In addition to and	1240
independent of the right of a victim to submit a statement as	1241
described in division (A)(3) of this section or to otherwise make	1242
a statement and in addition to and independent of any other right	1243
or duty of a person to present information or make a statement,	1244
any person may send to the adult parole authority at any time	1245
prior to the authority's transfer of the prisoner to transitional	1246
control a written statement regarding the transfer of the prisoner	1247
to transitional control. In addition to the information, reports,	1248
and statements it considers under divisions (A)(2) and (3) of this	1249
section or that it otherwise considers, the authority shall	1250
consider each statement submitted in accordance with this division	1251
in deciding whether to transfer the prisoner to transitional	1252
control.	1253

(B) Each prisoner transferred to transitional control under	1254
this section shall be confined in the manner described in division	1255
(A) of this section during any period of time that the prisoner is	1256
not actually working at the prisoner's approved employment,	1257
engaged in a vocational training or another educational program,	1258
engaged in another program designated by the director, or engaged	1259
in other activities approved by the department.	1260

(C) The department of rehabilitation and correction shall	1261
adopt rules for transferring eligible prisoners to transitional	1262
control, supervising and confining prisoners so transferred,	1263
administering the transitional control program in accordance with	1264
this section, and using the moneys deposited into the transitional	1265
control fund established under division (E) of this section.	1266

(D) The department of rehabilitation and correction may adopt	1267
rules for the issuance of passes for the limited purposes	1268
described in this division to prisoners who are transferred to	1269
transitional control under this section. If the department adopts	1270
rules of that nature, the rules shall govern the granting of the	1271
passes and shall provide for the supervision of prisoners who are	1272
temporarily released pursuant to one of those passes. Upon the	1273
adoption of rules under this division, the department may issue	1274
passes to prisoners who are transferred to transitional control	1275
status under this section in accordance with the rules and the	1276
provisions of this division. All passes issued under this division	1277
shall be for a maximum of forty-eight hours and may be issued only	1278
for the following purposes:	1279

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

1280

(2) To have a private viewing of the body of a deceased	1281
relative;	1282

(3) To visit with family;

1283

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

1284

(E) The adult parole authority may require a prisoner who is	1285
transferred to transitional control to pay to the division of	1286
parole and community services the reasonable expenses incurred by	1287
the division in supervising or confining the prisoner while under	1288
transitional control. Inability to pay those reasonable expenses	1289
shall not be grounds for refusing to transfer an otherwise	1290
eligible prisoner to transitional control. Amounts received by the	1291
division of parole and community services under this division	1292
shall be deposited into the transitional control fund, which is	1293
hereby created in the state treasury and which hereby replaces and	1294
succeeds the furlough services fund that formerly existed in the	1295
state treasury. All moneys that remain in the furlough services	1296
fund on March 17, 1998, shall be transferred on that date to the	1297
transitional control fund. The transitional control fund shall be	1298
used solely to pay costs related to the operation of the	1299
transitional control program established under this section. The	1300
director of rehabilitation and correction shall adopt rules in	1301
accordance with section 111.15 of the Revised Code for the use of	1302
the fund.	1303

(F) A prisoner who violates any rule established by the	1304
department of rehabilitation and correction under division (A),	1305
(C), or (D) of this section may be transferred to a state	1306
correctional institution pursuant to rules adopted under division	1307
(A), (C), or (D) of this section, but the prisoner shall receive	1308
credit towards completing the prisoner's sentence for the time	1309
spent under transitional control.	1310

If a prisoner is transferred to transitional control under	1311
this section, upon successful completion of the period of	1312
transitional control, the prisoner may be released on parole or	1313
under post-release control pursuant to section 2967.13 or 2967.28	1314
of the Revised Code and rules adopted by the department of	1315
rehabilitation and correction. If the prisoner is released under	1316
post-release control, the duration of the post-release control,	1317
the type of post-release control sanctions that may be imposed,	1318
the enforcement of the sanctions, and the treatment of prisoners	1319
who violate any sanction applicable to the prisoner are governed	1320
by section 2967.28 of the Revised Code.	1321

Sec. 5120.66.  (A) Within ninety days after the effective	1322
date of this section but not before January 1, 2006, the	1323
department of rehabilitation and correction shall establish and	1324
operate on the internet a database that contains all of the	1325
following:	1326

(1) For each inmate in the custody of the department under a	1327
sentence imposed for a conviction of or plea of guilty to any	1328
offense, all of the following information:	1329

(a) The inmate's name;

1330

(b) For each offense for which the inmate was sentenced to a	1331
prison term or term of imprisonment and is in the department's	1332
custody, the name of the offense, the Revised Code section of	1333
which the offense is a violation, the gender of each victim of the	1334
offense if those facts are known, whether each victim of the	1335
offense was an adult or child if those facts are known, the range	1336
of the possible prison terms or term of imprisonment that could	1337
have been imposed for the offense, the actual prison term or term	1338
of imprisonment imposed for the offense, the county in which the	1339
offense was committed, the date on which the inmate began serving	1340
the prison term or term of imprisonment imposed for the offense,	1341
and either the date on which the inmate will be eligible for	1342
parole relative to the offense if the prison term or term of	1343
imprisonment is an indefinite term or life term or the date on	1344
which the term ends if the prison term is a definite term;	1345

(c) All of the following information that is applicable	1346
regarding the inmate:	1347

(i) If known to the department prior to the conduct of any	1348
hearing for judicial release of the defendant pursuant to section	1349
2929.20 of the Revised Code in relation to any prison term or term	1350
of imprisonment the inmate is serving for any offense, notice of	1351
the fact that the inmate will be having a hearing regarding a	1352
possible grant of judicial release, the date of the hearing, and	1353
the right of any person pursuant to division (J) of that section	1354
to submit to the court a written statement regarding the possible	1355
judicial release;	1356

(ii) If the inmate is serving a prison term pursuant to	1357
division (A)(3) of section 2971.03 of the Revised Code as a	1358
sexually violent predator who committed a sexually violent	1359
offense, prior to the conduct of any hearing pursuant to section	1360
2971.05 of the Revised Code to determine whether to modify the	1361
requirement that the inmate serve the entire prison term in a	1362
state correctional facility in accordance with division (C) of	1363
that section, whether to continue, revise, or revoke any existing	1364
modification of that requirement, or whether to terminate the	1365
prison term in accordance with division (D) of that section,	1366
notice of the fact that the inmate will be having a hearing	1367
regarding those determinations and of the date of the hearing;	1368

(iii) At least three weeks before the adult parole authority	1369
recommends a pardon or commutation of sentence for the inmate or	1370
at least three weeks prior to a hearing before the adult parole	1371
authority regarding a grant of parole to the inmate in relation to	1372
any prison term or term of imprisonment the inmate is serving for	1373
any offense, notice of the fact that the inmate might be under	1374
consideration for a pardon or commutation of sentence or will be	1375
having a hearing regarding a possible grant of parole, of the date	1376
of any hearing regarding a possible grant of parole, and of the	1377
right of any person to submit a written statement regarding the	1378
pending action;	1379

(iv) At least three weeks before the inmate has a hearing	1380
regarding a transfer to transitional control under section 2967.26	1381
of the Revised Code in relation to any prison term or term of	1382
imprisonment the inmate is serving for any offense, notice of the	1383
pendency of the transfer, of the date of the possible transfer,	1384
and of the right of any person to submit a statement regarding the	1385
possible transfer;	1386

(v) Prompt notice of the inmate's escape from any facility in	1387
which the inmate was incarcerated and of the capture of the inmate	1388
after an escape;	1389

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

1390

(vii) Prior to the release of the inmate from confinement,	1391
notice of the fact that the inmate will be released, of the date	1392
of the release, and, if applicable, of the standard terms and	1393
conditions of the release;	1394

(viii) Notice of the inmate's judicial release.

1395

(2) Information as to where a person can send written	1396
statements of the types referred to in divisions (A)(1)(c)(i),	1397
(iii), and (iv) of this section.	1398

(B)(1) The department shall update the database required	1399
under division (A) of this section every twenty-four hours to	1400
ensure that the information it contains is accurate and current.	1401

(2) The database required under division (A) of this section	1402
is a public record open for inspection under section 149.43 of the	1403
Revised Code. The department shall make the database searchable by	1404
inmate name and by the county and zip code where the offender	1405
intends to reside after release from a state correctional	1406
institution if this information is known to the department.	1407

(3) The database required under division (A) of this section	1408
may contain information regarding inmates who are listed in the	1409
database in addition to the information described in that	1410
division.	1411

(4) No information included on the database required under	1412
division (A) of this section shall identify or enable the	1413
identification of any victim of any offense committed by an	1414
inmate.	1415

(C) The failure of the department to comply with the	1416
requirements of division (A) or (B) of this section does not give	1417
any rights or any grounds for appeal or post-conviction relief to	1418
any inmate.	1419

(D) This section, and the related provisions of sections	1420
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	1421
in the act in which this section was enacted, shall be known as	1422
"Laura's Law."	1423

Section 2. That existing sections 109.42, 2929.20, 2950.10,	1424
2950.11, 2967.03, 2967.12, and 2967.26 of the Revised Code are	1425
hereby repealed.	1426

Section 3.  Section 2967.26 of the Revised Code is presented	1427
in this act as a composite of the section as amended by both Am.	1428
Sub. H.B. 490 and Sub. H.B. 510 of the 124th General Assembly. The	1429
General Assembly, applying the principle stated in division (B) of	1430
section 1.52 of the Revised Code that amendments are to be	1431
harmonized if reasonably capable of simultaneous operation, finds	1432
that the composite is the resulting version of the section in	1433
effect prior to the effective date of the section as presented in	1434
this act.	1435