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 |
(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 |
(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 |
(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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |