Sub. H. B. No. 15 As Reported by the House Criminal Justice Committee

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

A BILL
To amend sections 2929.20, 2967.03, 2967.12, and 1
2967.26 and to enact section 5120.66 of the 2
Revised Code to require the Department of 3
Rehabilitation and Correction to establish and 4
operate an Internet database that contains 5
specified offense, sentence, and release 6
information for each inmate in the custody of the 7
Department; to grant any person a right to submit 8
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; and to 13
specify that these provisions are to be known as 14
"Laura's Law." 15

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

       Section 1. That sections 2929.20, 2967.03, 2967.12, and 16
2967.26 be amended and section 5120.66 of the Revised Code be 17
enacted to read as follows: 18

       Sec. 2929.20. (A) As used in this section, "eligible 19
offender" means any person serving a stated prison term of ten 20
years or less when either of the following applies: 21

       (1) The stated prison term does not include a mandatory 22
prison term. 23

       (2) The stated prison term includes a mandatory prison term, 24
and the person has served the mandatory prison term. 25

       (B) Upon the filing of a motion by the eligible offender or 26
upon its own motion, a sentencing court may reduce the offender's 27
stated prison term through a judicial release in accordance with 28
this section. The court shall not reduce the stated prison term of 29
an offender who is not an eligible offender. An eligible offender 30
may file a motion for judicial release with the sentencing court 31
within the following applicable period of time: 32

       (1)(a) Except as otherwise provided in division (B)(1)(b) or 33
(c) of this section, if the stated prison term was imposed for a 34
felony of the fourth or fifth degree, the eligible offender may 35
file the motion not earlier than thirty days or later than ninety 36
days after the offender is delivered to a state correctional 37
institution. 38

       (b) If the stated prison term is five years and is an 39
aggregate of stated prison terms that are being served 40
consecutively and that were imposed for any combination of 41
felonies of the fourth degree and felonies of the fifth degree, 42
the eligible offender may file the motion after the eligible 43
offender has served four years of the stated prison term. 44

       (c) If the stated prison term is more than five years and not 45
more than ten years and is an aggregate of stated prison terms 46
that are being served consecutively and that were imposed for any 47
combination of felonies of the fourth degree and felonies of the 48
fifth degree, the eligible offender may file the motion after the 49
eligible offender has served five years of the stated prison term. 50

       (2) Except as otherwise provided in division (B)(3) or (4) of 51
this section, if the stated prison term was imposed for a felony 52
of the first, second, or third degree, the eligible offender may 53
file the motion not earlier than one hundred eighty days after the 54
offender is delivered to a state correctional institution. 55

       (3) If the stated prison term is five years, the eligible 56
offender may file the motion after the eligible offender has 57
served four years of the stated prison term. 58

       (4) If the stated prison term is more than five years and not 59
more than ten years, the eligible offender may file the motion 60
after the eligible offender has served five years of the stated 61
prison term. 62

       (5) If the offender's stated prison term includes a mandatory 63
prison term, the offender shall file the motion within the time 64
authorized under division (B)(1), (2), (3), or (4) of this section 65
for the nonmandatory portion of the prison term, but the time for 66
filing the motion does not begin to run until after the expiration 67
of the mandatory portion of the prison term. 68

       (C) Upon receipt of a timely motion for judicial release 69
filed by an eligible offender under division (B) of this section 70
or upon the sentencing court's own motion made within the 71
appropriate time period specified in that division, the court may 72
schedule a hearing on the motion. The court may deny the motion 73
without a hearing but shall not grant the motion without a 74
hearing. If a court denies a motion without a hearing, the court 75
may consider a subsequent judicial release for that eligible 76
offender on its own motion or a subsequent motion filed by that 77
eligible offender. If a court denies a motion after a hearing, the 78
court shall not consider a subsequent motion for that eligible 79
offender. The court shall hold only one hearing for any eligible 80
offender. 81

       A hearing under this section shall be conducted in open court 82
within sixty days after the date on which the motion is filed, 83
provided that the court may delay the hearing for a period not to 84
exceed one hundred eighty additional days. If the court holds a 85
hearing on the motion, the court shall enter a ruling on the 86
motion within ten days after the hearing. If the court denies the 87
motion without a hearing, the court shall enter its ruling on the 88
motion within sixty days after the motion is filed. 89

       (D) If a court schedules a hearing under division (C) of this 90
section, the court shall notify the eligible offender of the 91
hearing~~. The eligible offender promptly shall give a copy of the~~ 92
~~notice of the hearing to~~and shall notify the head of the state 93
correctional institution in which the eligible offender is 94
confined of the hearing prior to the hearing. The head of the 95
state correctional institution immediately shall notify the 96
appropriate person at the department of rehabilitation and 97
correction of the hearing, and the department within twenty-four 98
hours after receipt of the notice, shall post on the database it 99
maintains pursuant to section 5120.66 of the Revised Code the 100
offender's name and all of the information specified in division 101
(A)(1)(c)(i) of that section. If the court schedules a hearing for 102
judicial release, the court promptly shall give notice of the 103
hearing to the prosecuting attorney of the county in which the 104
eligible offender was indicted. Upon receipt of the notice from 105
the court, the prosecuting attorney shall notify the victim of the 106
offense for which the stated prison term was imposed or the 107
victim's representative, pursuant to section 2930.16 of the 108
Revised Code, of the hearing. 109

       (E) Prior to the date of the hearing on a motion for judicial 110
release under this section, the head of the state correctional 111
institution in which the eligible offender in question is confined 112
shall send to the court a report on the eligible offender's 113
conduct in the institution and in any institution from which the 114
eligible offender may have been transferred. The report shall 115
cover the eligible offender's participation in school, vocational 116
training, work, treatment, and other rehabilitative activities and 117
any disciplinary action taken against the eligible offender. The 118
report shall be made part of the record of the hearing. 119

       (F) If the court grants a hearing on a motion for judicial 120
release under this section, the eligible offender shall attend the 121
hearing if ordered to do so by the court. Upon receipt of a copy 122
of the journal entry containing the order, the head of the state 123
correctional institution in which the eligible offender is 124
incarcerated shall deliver the eligible offender to the sheriff of 125
the county in which the hearing is to be held. The sheriff shall 126
convey the eligible offender to the hearing and return the 127
offender to the institution after the hearing. 128

       (G) At the hearing on a motion for judicial release under 129
this section, the court shall afford the eligible offender and the 130
eligible offender's attorney an opportunity to present written 131
information relevant to the motion and shall afford the eligible 132
offender, if present, and the eligible offender's attorney an 133
opportunity to present oral information relevant to the motion. 134
The court shall afford a similar opportunity to the prosecuting 135
attorney, the victim or the victim's representative, as defined in 136
section 2930.01 of the Revised Code, and any other person the 137
court determines is likely to present additional relevant 138
information. The court shall consider any statement of a victim 139
made pursuant to section 2930.14 or 2930.17 of the Revised Code, 140
any victim impact statement prepared pursuant to section 2947.051 141
of the Revised Code, and any report made under division (E) of 142
this section. The court may consider any written statement of any 143
person submitted to the court pursuant to division (J) of this 144
section. After ruling on the motion, the court shall notify the 145
victim of the ruling in accordance with sections 2930.03 and 146
2930.16 of the Revised Code. 147

       (H)(1) A court shall not grant a judicial release under this 148
section to an eligible offender who is imprisoned for a felony of 149
the first or second degree, or to an eligible offender who 150
committed an offense contained in Chapter 2925. or 3719. of the 151
Revised Code and for whom there was a presumption under section 152
2929.13 of the Revised Code in favor of a prison term, unless the 153
court, with reference to factors under section 2929.12 of the 154
Revised Code, finds both of the following: 155

       (a) That a sanction other than a prison term would adequately 156
punish the offender and protect the public from future criminal 157
violations by the eligible offender because the applicable factors 158
indicating a lesser likelihood of recidivism outweigh the 159
applicable factors indicating a greater likelihood of recidivism; 160

       (b) That a sanction other than a prison term would not demean 161
the seriousness of the offense because factors indicating that the 162
eligible offender's conduct in committing the offense was less 163
serious than conduct normally constituting the offense outweigh 164
factors indicating that the eligible offender's conduct was more 165
serious than conduct normally constituting the offense. 166

       (2) A court that grants a judicial release to an eligible 167
offender under division (H)(1) of this section shall specify on 168
the record both findings required in that division and also shall 169
list all the factors described in that division that were 170
presented at the hearing. 171

       (I) If the court grants a motion for judicial release under 172
this section, the court shall order the release of the eligible 173
offender, shall place the eligible offender under an appropriate 174
community control sanction, under appropriate community control 175
conditions, and under the supervision of the department of 176
probation serving the court, and shall reserve the right to 177
reimpose the sentence that it reduced pursuant to the judicial 178
release if the offender violates the sanction. If the court 179
reimposes the reduced sentence pursuant to this reserved right, it 180
may do so either concurrently with, or consecutive to, any new 181
sentence imposed upon the eligible offender as a result of the 182
violation that is a new offense. The period of the community 183
control sanction shall be no longer than five years. The court, in 184
its discretion, may reduce the period of the community control 185
sanction by the amount of time the eligible offender spent in jail 186
for the offense and in prison. If the court made any findings 187
pursuant to division (H)(1) of this section, the court shall serve 188
a copy of the findings upon counsel for the parties within fifteen 189
days after the date on which the court grants the motion for 190
judicial release. 191

       Prior to being released pursuant to a judicial release 192
granted under this section, the eligible offender shall serve any 193
extension of sentence that was imposed under section 2967.11 of 194
the Revised Code. 195

       If the court grants a motion for judicial release, the court 196
shall notify the appropriate person at the department of 197
rehabilitation and correction of the judicial release, and the 198
department shall post notice of the release on the database it 199
maintains pursuant to section 5120.66 of the Revised Code. 200

       (J) In addition to and independent of the right of a victim 201
to make a statement pursuant to section 2930.14, 2930.17, or 202
2946.051 of the Revised Code and any right of a person to present 203
written information or make a statement pursuant to division (G) 204
of this section, any person may submit to the court, at any time 205
prior to the hearing on the offender's motion for judicial 206
release, a written statement concerning the effects of the 207
offender's crime or crimes, the circumstances surrounding the 208
crime or crimes, the manner in which the crime or crimes were 209
perpetrated, and the person's opinion as to whether the offender 210
should be released. 211

       Sec. 2967.03. The adult parole authority may exercise its 212
functions and duties in relation to the pardon, commutation of 213
sentence, or reprieve of a convict upon direction of the governor 214
or upon its own initiative. It may exercise its functions and 215
duties in relation to the parole of a prisoner who is eligible for 216
parole upon the initiative of the head of the institution in which 217
the prisoner is confined or upon its own initiative. When a 218
prisoner becomes eligible for parole, the head of the institution 219
in which the prisoner is confined shall notify the authority in 220
the manner prescribed by the authority. The authority may 221
investigate and examine, or cause the investigation and 222
examination of, prisoners confined in state correctional 223
institutions concerning their conduct in the institutions, their 224
mental and moral qualities and characteristics, their knowledge of 225
a trade or profession, their former means of livelihood, their 226
family relationships, and any other matters affecting their 227
fitness to be at liberty without being a threat to society. 228

       The authority may recommend to the governor the pardon, 229
commutation of sentence, or reprieve of any convict or prisoner or 230
grant a parole to any prisoner for whom parole is authorized, if 231
in its judgment there is reasonable ground to believe that 232
granting a pardon, commutation, or reprieve to the convict or 233
paroling the prisoner would further the interests of justice and 234
be consistent with the welfare and security of society. However, 235
the authority shall not recommend a pardon or commutation of 236
sentence of, or grant a parole to, any convict or prisoner until 237
the authority has complied with the applicable notice requirements 238
of sections 2930.16 and 2967.12 of the Revised Code and until it 239
has considered any statement made by a victim or a victim's 240
representative that is relevant to the convict's or prisoner's 241
case and that was sent to the authority pursuant to section 242
2930.17 of the Revised Code ~~and~~, any other statement made by a 243
victim or a victim's representative that is relevant to the 244
convict's or prisoner's case and that was received by the 245
authority after it provided notice of the pendency of the action 246
under sections 2930.16 and 2967.12 of the Revised Code, and any 247
written statement of any person submitted to the court pursuant to 248
division (H) of section 2967.12 of the Revised Code. If a victim, 249
victim's representative, or the victim's spouse, parent, sibling, 250
or child appears at a full board hearing of the parole board and 251
gives testimony as authorized by section 5149.101 of the Revised 252
Code, the authority shall consider the testimony in determining 253
whether to grant a parole. The trial judge and prosecuting 254
attorney of the trial court in which a person was convicted shall 255
furnish to the authority, at the request of the authority, a 256
summarized statement of the facts proved at the trial and of all 257
other facts having reference to the propriety of recommending a 258
pardon or commutation, or granting a parole, together with a 259
recommendation for or against a pardon, commutation, or parole, 260
and the reasons for the recommendation. The trial judge, the 261
prosecuting attorney, specified law enforcement agency members, 262
and a representative of the prisoner may appear at a full board 263
hearing of the parole board and give testimony in regard to the 264
grant of a parole to the prisoner as authorized by section 265
5149.101 of the Revised Code. All state and local officials shall 266
furnish information to the authority, when so requested by it in 267
the performance of its duties. 268

       The adult parole authority shall exercise its functions and 269
duties in relation to the release of prisoners who are serving a 270
stated prison term in accordance with section 2967.28 of the 271
Revised Code. 272

       Sec. 2967.12. (A) Except as provided in division (G) of this 273
section, at least three weeks before the adult parole authority 274
recommends any pardon or commutation of sentence, or grants any 275
parole, the authority shall send a notice of the pendency of the 276
pardon, commutation, or parole, setting forth the name of the 277
person on whose behalf it is made, the offense of which the person 278
was convicted or to which the person pleaded guilty, the time of 279
conviction or the guilty plea, and the term of the person's 280
sentence, to the prosecuting attorney and the judge of the court 281
of common pleas of the county in which the indictment against the 282
person was found. If there is more than one judge of that court of 283
common pleas, the authority shall send the notice to the presiding 284
judge. The department of rehabilitation and correction, at the 285
same time that it provides the notice to the prosecuting attorney 286
and judge under this division, also shall post on the database it 287
maintains pursuant to section 5120.66 of the Revised Code the 288
offender's name and all of the information specified in division 289
(A)(1)(c)(iii) of that section. 290

       (B) If a request for notification has been made pursuant to 291
section 2930.16 of the Revised Code, the adult parole authority 292
also shall give notice to the victim or the victim's 293
representative prior to recommending any pardon or commutation of 294
sentence for, or granting any parole to, the person. The authority 295
shall provide the notice at the same time as the notice required 296
by division (A) of this section and shall include in the notice 297
the information required to be set forth in that notice. The 298
notice also shall inform the victim or the victim's representative 299
that the victim or representative may send a written statement 300
relative to the victimization and the pending action to the adult 301
parole authority and that, if the authority receives any written 302
statement prior to recommending a pardon or commutation or 303
granting a parole for a person, the authority will consider the 304
statement before it recommends a pardon or commutation or grants a 305
parole. If the person is being considered for parole, the notice 306
shall inform the victim or the victim's representative that a full 307
board hearing of the parole board may be held and that the victim 308
or victim's representative may contact the office of victims' 309
services for further information. If the person being considered 310
for parole was convicted of or pleaded guilty to violating section 311
2903.01 or 2903.02 of the Revised Code, the notice shall inform 312
the victim of that offense, the victim's representative, or a 313
member of the victim's immediate family that the victim, the 314
victim's representative, and the victim's immediate family have 315
the right to give testimony at a full board hearing of the parole 316
board and that the victim or victim's representative may contact 317
the office of victims' services for further information. As used 318
in this division, "the victim's immediate family" means the 319
mother, father, spouse, sibling, or child of the victim. 320

       (C) When notice of the pendency of any pardon, commutation of 321
sentence, or parole has been given to a judge or prosecutor or 322
posted on the database as provided in division (A) of this section 323
and a hearing on the pardon, commutation, or parole is continued 324
to a date certain, the authority shall ~~give~~provide notice ~~by mail~~ 325
of the further consideration of the pardon, commutation, or parole 326
~~to the proper judge and prosecuting attorney~~ at least ten days 327
before the further consideration. The notice of the further 328
consideration shall be provided to the proper judge and 329
prosecuting attorney by mail at least ten days before the further 330
consideration, and, if the initial notice was posted on the 331
database as provided in division (A) of this section, the notice 332
of the further consideration shall be posted on the database at 333
least ten days before the further consideration. When notice of 334
the pendency of any pardon, commutation, or parole has been given 335
as provided in division (B) of this section and the hearing on it 336
is continued to a date certain, the authority shall give notice of 337
the further consideration to the victim or the victim's 338
representative in accordance with section 2930.03 of the Revised 339
Code. 340

       (D) In case of an application for the pardon or commutation 341
of sentence of a person sentenced to capital punishment, the 342
governor may modify the requirements of notification and 343
publication if there is not sufficient time for compliance with 344
the requirements before the date fixed for the execution of 345
sentence. 346

       (E) If an offender is serving a prison term imposed under 347
division (A)(3) of section 2971.03 of the Revised Code and if the 348
parole board terminates its control over the offender's service of 349
that term pursuant to section 2971.04 of the Revised Code, the 350
parole board immediately shall provide written notice of its 351
termination of control or the transfer of control to the entities 352
and persons specified in section 2971.04 of the Revised Code. 353

       (F) The failure of the adult parole authority to comply with 354
the notice or posting provisions of division (A), (B), or (C) of 355
this section or the failure of the parole board to comply with the 356
notice provisions of division (E) of this section do not give any 357
rights or any grounds for appeal or post-conviction relief to the 358
person serving the sentence. 359

       (G) Divisions (A), (B), and (C) of this section do not apply 360
to any release of a person that is of the type described in 361
division (B)(2)(b) of section 5120.031 of the Revised Code. 362

       (H) In addition to and independent of the right of a victim 363
to make a statement as described in division (A) of this section 364
or pursuant to section 2930.17 of the Revised Code or to otherwise 365
make a statement, the authority for a judge or prosecuting 366
attorney to furnish statements and information, make 367
recommendations, and give testimony as described in division (A) 368
of this section, the right of a prosecuting attorney, judge, or 369
victim to give testimony or submit a statement at a full parole 370
board hearing pursuant to section 5149.101 of the Revised Code, 371
and any other right or duty of a person to present information or 372
make a statement, any person may send to the adult parole 373
authority at any time prior to the authority's recommending a 374
pardon or commutation or granting a parole for the offender a 375
written statement relative to the offense and the pending action. 376

       Sec. 2967.26. (A)(1) The department of rehabilitation and 377
correction, by rule, may establish a transitional control program 378
for the purpose of closely monitoring a prisoner's adjustment to 379
community supervision during the final one hundred eighty days of 380
the prisoner's confinement. If the department establishes a 381
transitional control program under this division, the adult parole 382
authority may transfer eligible prisoners to transitional control 383
status under the program during the final one hundred eighty days 384
of their confinement and under the terms and conditions 385
established by the department, shall provide for the confinement 386
as provided in this division of each eligible prisoner so 387
transferred, and shall supervise each eligible prisoner so 388
transferred in one or more community control sanctions. Each 389
eligible prisoner who is transferred to transitional control 390
status under the program shall be confined in a suitable facility 391
that is licensed pursuant to division (C) of section 2967.14 of 392
the Revised Code, or shall be confined in a residence the 393
department has approved for this purpose and be monitored pursuant 394
to an electronic monitoring device, as defined in section 2929.01 395
of the Revised Code. If the department establishes a transitional 396
control program under this division, the rules establishing the 397
program shall include criteria that define which prisoners are 398
eligible for the program, criteria that must be satisfied to be 399
approved as a residence that may be used for confinement under the 400
program of a prisoner that is transferred to it and procedures for 401
the department to approve residences that satisfy those criteria, 402
and provisions of the type described in division (C) of this 403
section. At a minimum, the criteria that define which prisoners 404
are eligible for the program shall provide all of the following: 405

       (a) That a prisoner is eligible for the program if the 406
prisoner is serving a prison term or term of imprisonment for an 407
offense committed prior to March 17, 1998, and if, at the time at 408
which eligibility is being determined, the prisoner would have 409
been eligible for a furlough under this section as it existed 410
immediately prior to March 17, 1998, or would have been eligible 411
for conditional release under former section 2967.23 of the 412
Revised Code as that section existed immediately prior to March 413
17, 1998; 414

       (b) That no prisoner who is serving a mandatory prison term 415
is eligible for the program until after expiration of the 416
mandatory term; 417

       (c) That no prisoner who is serving a prison term or term of 418
life imprisonment without parole imposed pursuant to section 419
2971.03 of the Revised Code is eligible for the program. 420

       (2) At least three weeks prior to transferring to 421
transitional control under this section a prisoner who is serving 422
a term of imprisonment or prison term for an offense committed on 423
or after July 1, 1996, the adult parole authority shall give 424
notice of the pendency of the transfer to transitional control to 425
the court of common pleas of the county in which the indictment 426
against the prisoner was found and of the fact that the court may 427
disapprove the transfer of the prisoner to transitional control 428
and shall include a report prepared by the head of the state 429
correctional institution in which the prisoner is confined. The 430
head of the state correctional institution in which the prisoner 431
is confined, upon the request of the adult parole authority, shall 432
provide to the authority for inclusion in the notice sent to the 433
court under this division a report on the prisoner's conduct in 434
the institution and in any institution from which the prisoner may 435
have been transferred. The report shall cover the prisoner's 436
participation in school, vocational training, work, treatment, and 437
other rehabilitative activities and any disciplinary action taken 438
against the prisoner. If the court disapproves of the transfer of 439
the prisoner to transitional control, the court shall notify the 440
authority of the disapproval within thirty days after receipt of 441
the notice. If the court timely disapproves the transfer of the 442
prisoner to transitional control, the authority shall not proceed 443
with the transfer. If the court does not timely disapprove the 444
transfer of the prisoner to transitional control, the authority 445
may transfer the prisoner to transitional control. 446

       (3) If the victim of an offense for which a prisoner was 447
sentenced to a prison term or term of imprisonment has requested 448
notification under section 2930.16 of the Revised Code and has 449
provided the department of rehabilitation and correction with the 450
victim's name and address, the adult parole authority, at least 451
three weeks prior to transferring the prisoner to transitional 452
control pursuant to this section, shall notify the victim of the 453
pendency of the transfer and of the victim's right to submit a 454
statement to the authority regarding the impact of the transfer of 455
the prisoner to transitional control. If the victim subsequently 456
submits a statement of that nature to the authority, the authority 457
shall consider the statement in deciding whether to transfer the 458
prisoner to transitional control. 459

       (4) The department of rehabilitation and correction, at least 460
three weeks prior to a hearing to transfer the prisoner to 461
transitional control pursuant to this section, shall post on the 462
database it maintains pursuant to section 5120.66 of the Revised 463
Code the prisoner's name and all of the information specified in 464
division (A)(1)(c)(iv) of that section. In addition to and 465
independent of the right of a victim to submit a statement as 466
described in division (A)(3) of this section or to otherwise make 467
a statement and in addition to and independent of any other right 468
or duty of a person to present information or make a statement, 469
any person may send to the adult parole authority at any time 470
prior to the authority's transfer of the prisoner to transitional 471
control a written statement regarding the transfer of the prisoner 472
to transitional control. In addition to the information, reports, 473
and statements it considers under divisions (A)(2) and (3) of this 474
section or that it otherwise considers, the authority shall 475
consider each statement submitted in accordance with this division 476
in deciding whether to transfer the prisoner to transitional 477
control. 478

       (B) Each prisoner transferred to transitional control under 479
this section shall be confined in the manner described in division 480
(A) of this section during any period of time that the prisoner is 481
not actually working at the prisoner's approved employment, 482
engaged in a vocational training or another educational program, 483
engaged in another program designated by the director, or engaged 484
in other activities approved by the department. 485

       (C) The department of rehabilitation and correction shall 486
adopt rules for transferring eligible prisoners to transitional 487
control, supervising and confining prisoners so transferred, 488
administering the transitional control program in accordance with 489
this section, and using the moneys deposited into the transitional 490
control fund established under division (E) of this section. 491

       (D) The department of rehabilitation and correction may adopt 492
rules for the issuance of passes for the limited purposes 493
described in this division to prisoners who are transferred to 494
transitional control under this section. If the department adopts 495
rules of that nature, the rules shall govern the granting of the 496
passes and shall provide for the supervision of prisoners who are 497
temporarily released pursuant to one of those passes. Upon the 498
adoption of rules under this division, the department may issue 499
passes to prisoners who are transferred to transitional control 500
status under this section in accordance with the rules and the 501
provisions of this division. All passes issued under this division 502
shall be for a maximum of forty-eight hours and may be issued only 503
for the following purposes: 504

       (1) To visit a relative in imminent danger of death; 505

       (2) To have a private viewing of the body of a deceased 506
relative; 507

       (3) To visit with family; 508

       (4) To otherwise aid in the rehabilitation of the prisoner. 509

       (E) The adult parole authority may require a prisoner who is 510
transferred to transitional control to pay to the division of 511
parole and community services the reasonable expenses incurred by 512
the division in supervising or confining the prisoner while under 513
transitional control. Inability to pay those reasonable expenses 514
shall not be grounds for refusing to transfer an otherwise 515
eligible prisoner to transitional control. Amounts received by the 516
division of parole and community services under this division 517
shall be deposited into the transitional control fund, which is 518
hereby created in the state treasury and which hereby replaces and 519
succeeds the furlough services fund that formerly existed in the 520
state treasury. All moneys that remain in the furlough services 521
fund on March 17, 1998, shall be transferred on that date to the 522
transitional control fund. The transitional control fund shall be 523
used solely to pay costs related to the operation of the 524
transitional control program established under this section. The 525
director of rehabilitation and correction shall adopt rules in 526
accordance with section 111.15 of the Revised Code for the use of 527
the fund. 528

       (F) A prisoner who violates any rule established by the 529
department of rehabilitation and correction under division (A), 530
(C), or (D) of this section may be transferred to a state 531
correctional institution pursuant to rules adopted under division 532
(A), (C), or (D) of this section, but the prisoner shall receive 533
credit towards completing the prisoner's sentence for the time 534
spent under transitional control. 535

       If a prisoner is transferred to transitional control under 536
this section, upon successful completion of the period of 537
transitional control, the prisoner may be released on parole or 538
under post-release control pursuant to section 2967.13 or 2967.28 539
of the Revised Code and rules adopted by the department of 540
rehabilitation and correction. If the prisoner is released under 541
post-release control, the duration of the post-release control, 542
the type of post-release control sanctions that may be imposed, 543
the enforcement of the sanctions, and the treatment of prisoners 544
who violate any sanction applicable to the prisoner are governed 545
by section 2967.28 of the Revised Code. 546

       Sec. 5120.66. (A) Within ninety days after the effective 547
date of this section but not before January 1, 2006, the 548
department of rehabilitation and correction shall establish and 549
operate on the internet a database that contains all of the 550
following: 551

       (1) For each inmate in the custody of the department under a 552
sentence imposed for a conviction of or plea of guilty to any 553
offense, all of the following information: 554

       (a) The inmate's name; 555

       (b) For each offense for which the inmate was sentenced to a 556
prison term or term of imprisonment and is in the department's 557
custody, the name of the offense, the Revised Code section of 558
which the offense is a violation, the gender of each victim of the 559
offense if those facts are known, whether each victim of the 560
offense was an adult or child if those facts are known, the range 561
of the possible prison terms or term of imprisonment that could 562
have been imposed for the offense, the actual prison term or term 563
of imprisonment imposed for the offense, the county in which the 564
offense was committed, the date on which the inmate began serving 565
the prison term or term of imprisonment imposed for the offense, 566
and either the date on which the inmate will be eligible for 567
parole relative to the offense if the prison term or term of 568
imprisonment is an indefinite term or life term or the date on 569
which the term ends if the prison term is a definite term; 570

       (c) All of the following information that is applicable 571
regarding the inmate: 572

       (i) If known to the department prior to the conduct of any 573
hearing for judicial release of the defendant pursuant to section 574
2929.20 of the Revised Code in relation to any prison term or term 575
of imprisonment the inmate is serving for any offense, notice of 576
the fact that the inmate will be having a hearing regarding a 577
possible grant of judicial release, the date of the hearing, and 578
the right of any person pursuant to division (J) of that section 579
to submit to the court a written statement regarding the possible 580
judicial release; 581

       (ii) If the inmate is serving a prison term pursuant to 582
division (A)(3) of section 2971.03 of the Revised Code as a 583
sexually violent predator who committed a sexually violent 584
offense, prior to the conduct of any hearing pursuant to section 585
2971.05 of the Revised Code to determine whether to modify the 586
requirement that the inmate serve the entire prison term in a 587
state correctional facility in accordance with division (C) of 588
that section, whether to continue, revise, or revoke any existing 589
modification of that requirement, or whether to terminate the 590
prison term in accordance with division (D) of that section, 591
notice of the fact that the inmate will be having a hearing 592
regarding those determinations and of the date of the hearing; 593

       (iii) At least three weeks before the adult parole authority 594
recommends a pardon or commutation of sentence for the inmate or 595
at least three weeks prior to a hearing before the adult parole 596
authority regarding a grant of parole to the inmate in relation to 597
any prison term or term of imprisonment the inmate is serving for 598
any offense, notice of the fact that the inmate might be under 599
consideration for a pardon or commutation of sentence or will be 600
having a hearing regarding a possible grant of parole, of the date 601
of any hearing regarding a possible grant of parole, and of the 602
right of any person to submit a written statement regarding the 603
pending action; 604

       (iv) At least three weeks before the inmate has a hearing 605
regarding a transfer to transitional control under section 2967.26 606
of the Revised Code in relation to any prison term or term of 607
imprisonment the inmate is serving for any offense, notice of the 608
pendency of the transfer, of the date of the possible transfer, 609
and of the right of any person to submit a statement regarding the 610
possible transfer; 611

       (v) Prompt notice of the inmate's escape from any facility in 612
which the inmate was incarcerated and of the capture of the inmate 613
after an escape; 614

       (vi) Notice of the inmate's death while in confinement; 615

       (vii) Prior to the release of the inmate from confinement, 616
notice of the fact that the inmate will be released, of the date 617
of the release, and, if applicable, of the standard terms and 618
conditions of the release; 619

       (viii) Notice of the inmate's judicial release. 620

       (2) Information as to where a person can send written 621
statements of the types referred to in divisions (A)(1)(c)(i), 622
(iii), and (iv) of this section. 623

       (B)(1) The department shall update the database required 624
under division (A) of this section every twenty-four hours to 625
ensure that the information it contains is accurate and current. 626

       (2) The database required under division (A) of this section 627
is a public record open for inspection under section 149.43 of the 628
Revised Code. The department shall make the database searchable by 629
inmate name and by the county and zip code where the offender 630
intends to reside after release from a state correctional 631
institution if this information is known to the department. 632

       (3) The database required under division (A) of this section 633
may contain information regarding inmates who are listed in the 634
database in addition to the information described in that 635
division. 636

       (4) No information included on the database required under 637
division (A) of this section shall identify or enable the 638
identification of any victim of any offense committed by an 639
inmate. 640

       (C) The failure of the department to comply with the 641
requirements of division (A) or (B) of this section does not give 642
any rights or any grounds for appeal or post-conviction relief to 643
any inmate. 644

       (D) This section, and the related provisions of sections 645
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted 646
in the act in which this section was enacted, shall be known as 647
"Laura's Law." 648

       Section 2. That existing sections 2929.20, 2967.03, 2967.12, 649
and 2967.26 of the Revised Code are hereby repealed. 650

       Section 3. Section 2967.26 of the Revised Code is presented 651
in this act as a composite of the section as amended by both Am. 652
Sub. H.B. 490 and Sub. H.B. 510 of the 124th General Assembly. The 653
General Assembly, applying the principle stated in division (B) of 654
section 1.52 of the Revised Code that amendments are to be 655
harmonized if reasonably capable of simultaneous operation, finds 656
that the composite is the resulting version of the section in 657
effect prior to the effective date of the section as presented in 658
this act. 659

Section 1. That sections 2929.20, 2967.03, 2967.12, and	16
2967.26 be amended and section 5120.66 of the Revised Code be	17
enacted to read as follows:	18

Sec. 2929.20. (A) As used in this section, "eligible	19
offender" means any person serving a stated prison term of ten	20
years or less when either of the following applies:	21

(1) The stated prison term does not include a mandatory	22
prison term.	23

(2) The stated prison term includes a mandatory prison term,	24
and the person has served the mandatory prison term.	25

(B) Upon the filing of a motion by the eligible offender or	26
upon its own motion, a sentencing court may reduce the offender's	27
stated prison term through a judicial release in accordance with	28
this section. The court shall not reduce the stated prison term of	29
an offender who is not an eligible offender. An eligible offender	30
may file a motion for judicial release with the sentencing court	31
within the following applicable period of time:	32

(1)(a) Except as otherwise provided in division (B)(1)(b) or	33
(c) of this section, if the stated prison term was imposed for a	34
felony of the fourth or fifth degree, the eligible offender may	35
file the motion not earlier than thirty days or later than ninety	36
days after the offender is delivered to a state correctional	37
institution.	38

(b) If the stated prison term is five years and is an	39
aggregate of stated prison terms that are being served	40
consecutively and that were imposed for any combination of	41
felonies of the fourth degree and felonies of the fifth degree,	42
the eligible offender may file the motion after the eligible	43
offender has served four years of the stated prison term.	44

(c) If the stated prison term is more than five years and not	45
more than ten years and is an aggregate of stated prison terms	46
that are being served consecutively and that were imposed for any	47
combination of felonies of the fourth degree and felonies of the	48
fifth degree, the eligible offender may file the motion after the	49
eligible offender has served five years of the stated prison term.	50

(2) Except as otherwise provided in division (B)(3) or (4) of	51
this section, if the stated prison term was imposed for a felony	52
of the first, second, or third degree, the eligible offender may	53
file the motion not earlier than one hundred eighty days after the	54
offender is delivered to a state correctional institution.	55

(3) If the stated prison term is five years, the eligible	56
offender may file the motion after the eligible offender has	57
served four years of the stated prison term.	58

(4) If the stated prison term is more than five years and not	59
more than ten years, the eligible offender may file the motion	60
after the eligible offender has served five years of the stated	61
prison term.	62

(5) If the offender's stated prison term includes a mandatory	63
prison term, the offender shall file the motion within the time	64
authorized under division (B)(1), (2), (3), or (4) of this section	65
for the nonmandatory portion of the prison term, but the time for	66
filing the motion does not begin to run until after the expiration	67
of the mandatory portion of the prison term.	68

(C) Upon receipt of a timely motion for judicial release	69
filed by an eligible offender under division (B) of this section	70
or upon the sentencing court's own motion made within the	71
appropriate time period specified in that division, the court may	72
schedule a hearing on the motion. The court may deny the motion	73
without a hearing but shall not grant the motion without a	74
hearing. If a court denies a motion without a hearing, the court	75
may consider a subsequent judicial release for that eligible	76
offender on its own motion or a subsequent motion filed by that	77
eligible offender. If a court denies a motion after a hearing, the	78
court shall not consider a subsequent motion for that eligible	79
offender. The court shall hold only one hearing for any eligible	80
offender.	81

A hearing under this section shall be conducted in open court	82
within sixty days after the date on which the motion is filed,	83
provided that the court may delay the hearing for a period not to	84
exceed one hundred eighty additional days. If the court holds a	85
hearing on the motion, the court shall enter a ruling on the	86
motion within ten days after the hearing. If the court denies the	87
motion without a hearing, the court shall enter its ruling on the	88
motion within sixty days after the motion is filed.	89

(D) If a court schedules a hearing under division (C) of this	90
section, the court shall notify the eligible offender of the	91
hearing~~. The eligible offender promptly shall give a copy of the~~	92
~~notice of the hearing to~~and shall notify the head of the state	93
correctional institution in which the eligible offender is	94
confined of the hearing prior to the hearing. The head of the	95
state correctional institution immediately shall notify the	96
appropriate person at the department of rehabilitation and	97
correction of the hearing, and the department within twenty-four	98
hours after receipt of the notice, shall post on the database it	99
maintains pursuant to section 5120.66 of the Revised Code the	100
offender's name and all of the information specified in division	101
(A)(1)(c)(i) of that section. If the court schedules a hearing for	102
judicial release, the court promptly shall give notice of the	103
hearing to the prosecuting attorney of the county in which the	104
eligible offender was indicted. Upon receipt of the notice from	105
the court, the prosecuting attorney shall notify the victim of the	106
offense for which the stated prison term was imposed or the	107
victim's representative, pursuant to section 2930.16 of the	108
Revised Code, of the hearing.	109

(E) Prior to the date of the hearing on a motion for judicial	110
release under this section, the head of the state correctional	111
institution in which the eligible offender in question is confined	112
shall send to the court a report on the eligible offender's	113
conduct in the institution and in any institution from which the	114
eligible offender may have been transferred. The report shall	115
cover the eligible offender's participation in school, vocational	116
training, work, treatment, and other rehabilitative activities and	117
any disciplinary action taken against the eligible offender. The	118
report shall be made part of the record of the hearing.	119

(F) If the court grants a hearing on a motion for judicial	120
release under this section, the eligible offender shall attend the	121
hearing if ordered to do so by the court. Upon receipt of a copy	122
of the journal entry containing the order, the head of the state	123
correctional institution in which the eligible offender is	124
incarcerated shall deliver the eligible offender to the sheriff of	125
the county in which the hearing is to be held. The sheriff shall	126
convey the eligible offender to the hearing and return the	127
offender to the institution after the hearing.	128

(G) At the hearing on a motion for judicial release under	129
this section, the court shall afford the eligible offender and the	130
eligible offender's attorney an opportunity to present written	131
information relevant to the motion and shall afford the eligible	132
offender, if present, and the eligible offender's attorney an	133
opportunity to present oral information relevant to the motion.	134
The court shall afford a similar opportunity to the prosecuting	135
attorney, the victim or the victim's representative, as defined in	136
section 2930.01 of the Revised Code, and any other person the	137
court determines is likely to present additional relevant	138
information. The court shall consider any statement of a victim	139
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	140
any victim impact statement prepared pursuant to section 2947.051	141
of the Revised Code, and any report made under division (E) of	142
this section. The court may consider any written statement of any	143
person submitted to the court pursuant to division (J) of this	144
section. After ruling on the motion, the court shall notify the	145
victim of the ruling in accordance with sections 2930.03 and	146
2930.16 of the Revised Code.	147

(H)(1) A court shall not grant a judicial release under this	148
section to an eligible offender who is imprisoned for a felony of	149
the first or second degree, or to an eligible offender who	150
committed an offense contained in Chapter 2925. or 3719. of the	151
Revised Code and for whom there was a presumption under section	152
2929.13 of the Revised Code in favor of a prison term, unless the	153
court, with reference to factors under section 2929.12 of the	154
Revised Code, finds both of the following:	155

(a) That a sanction other than a prison term would adequately	156
punish the offender and protect the public from future criminal	157
violations by the eligible offender because the applicable factors	158
indicating a lesser likelihood of recidivism outweigh the	159
applicable factors indicating a greater likelihood of recidivism;	160

(b) That a sanction other than a prison term would not demean	161
the seriousness of the offense because factors indicating that the	162
eligible offender's conduct in committing the offense was less	163
serious than conduct normally constituting the offense outweigh	164
factors indicating that the eligible offender's conduct was more	165
serious than conduct normally constituting the offense.	166

(2) A court that grants a judicial release to an eligible	167
offender under division (H)(1) of this section shall specify on	168
the record both findings required in that division and also shall	169
list all the factors described in that division that were	170
presented at the hearing.	171

(I) If the court grants a motion for judicial release under	172
this section, the court shall order the release of the eligible	173
offender, shall place the eligible offender under an appropriate	174
community control sanction, under appropriate community control	175
conditions, and under the supervision of the department of	176
probation serving the court, and shall reserve the right to	177
reimpose the sentence that it reduced pursuant to the judicial	178
release if the offender violates the sanction. If the court	179
reimposes the reduced sentence pursuant to this reserved right, it	180
may do so either concurrently with, or consecutive to, any new	181
sentence imposed upon the eligible offender as a result of the	182
violation that is a new offense. The period of the community	183
control sanction shall be no longer than five years. The court, in	184
its discretion, may reduce the period of the community control	185
sanction by the amount of time the eligible offender spent in jail	186
for the offense and in prison. If the court made any findings	187
pursuant to division (H)(1) of this section, the court shall serve	188
a copy of the findings upon counsel for the parties within fifteen	189
days after the date on which the court grants the motion for	190
judicial release.	191

Prior to being released pursuant to a judicial release	192
granted under this section, the eligible offender shall serve any	193
extension of sentence that was imposed under section 2967.11 of	194
the Revised Code.	195

If the court grants a motion for judicial release, the court	196
shall notify the appropriate person at the department of	197
rehabilitation and correction of the judicial release, and the	198
department shall post notice of the release on the database it	199
maintains pursuant to section 5120.66 of the Revised Code.	200

(J) In addition to and independent of the right of a victim	201
to make a statement pursuant to section 2930.14, 2930.17, or	202
2946.051 of the Revised Code and any right of a person to present	203
written information or make a statement pursuant to division (G)	204
of this section, any person may submit to the court, at any time	205
prior to the hearing on the offender's motion for judicial	206
release, a written statement concerning the effects of the	207
offender's crime or crimes, the circumstances surrounding the	208
crime or crimes, the manner in which the crime or crimes were	209
perpetrated, and the person's opinion as to whether the offender	210
should be released.	211

Sec. 2967.03. The adult parole authority may exercise its	212
functions and duties in relation to the pardon, commutation of	213
sentence, or reprieve of a convict upon direction of the governor	214
or upon its own initiative. It may exercise its functions and	215
duties in relation to the parole of a prisoner who is eligible for	216
parole upon the initiative of the head of the institution in which	217
the prisoner is confined or upon its own initiative. When a	218
prisoner becomes eligible for parole, the head of the institution	219
in which the prisoner is confined shall notify the authority in	220
the manner prescribed by the authority. The authority may	221
investigate and examine, or cause the investigation and	222
examination of, prisoners confined in state correctional	223
institutions concerning their conduct in the institutions, their	224
mental and moral qualities and characteristics, their knowledge of	225
a trade or profession, their former means of livelihood, their	226
family relationships, and any other matters affecting their	227
fitness to be at liberty without being a threat to society.	228

The authority may recommend to the governor the pardon,	229
commutation of sentence, or reprieve of any convict or prisoner or	230
grant a parole to any prisoner for whom parole is authorized, if	231
in its judgment there is reasonable ground to believe that	232
granting a pardon, commutation, or reprieve to the convict or	233
paroling the prisoner would further the interests of justice and	234
be consistent with the welfare and security of society. However,	235
the authority shall not recommend a pardon or commutation of	236
sentence of, or grant a parole to, any convict or prisoner until	237
the authority has complied with the applicable notice requirements	238
of sections 2930.16 and 2967.12 of the Revised Code and until it	239
has considered any statement made by a victim or a victim's	240
representative that is relevant to the convict's or prisoner's	241
case and that was sent to the authority pursuant to section	242
2930.17 of the Revised Code ~~and~~, any other statement made by a	243
victim or a victim's representative that is relevant to the	244
convict's or prisoner's case and that was received by the	245
authority after it provided notice of the pendency of the action	246
under sections 2930.16 and 2967.12 of the Revised Code, and any	247
written statement of any person submitted to the court pursuant to	248
division (H) of section 2967.12 of the Revised Code. If a victim,	249
victim's representative, or the victim's spouse, parent, sibling,	250
or child appears at a full board hearing of the parole board and	251
gives testimony as authorized by section 5149.101 of the Revised	252
Code, the authority shall consider the testimony in determining	253
whether to grant a parole. The trial judge and prosecuting	254
attorney of the trial court in which a person was convicted shall	255
furnish to the authority, at the request of the authority, a	256
summarized statement of the facts proved at the trial and of all	257
other facts having reference to the propriety of recommending a	258
pardon or commutation, or granting a parole, together with a	259
recommendation for or against a pardon, commutation, or parole,	260
and the reasons for the recommendation. The trial judge, the	261
prosecuting attorney, specified law enforcement agency members,	262
and a representative of the prisoner may appear at a full board	263
hearing of the parole board and give testimony in regard to the	264
grant of a parole to the prisoner as authorized by section	265
5149.101 of the Revised Code. All state and local officials shall	266
furnish information to the authority, when so requested by it in	267
the performance of its duties.	268

The adult parole authority shall exercise its functions and	269
duties in relation to the release of prisoners who are serving a	270
stated prison term in accordance with section 2967.28 of the	271
Revised Code.	272

Sec. 2967.12. (A) Except as provided in division (G) of this	273
section, at least three weeks before the adult parole authority	274
recommends any pardon or commutation of sentence, or grants any	275
parole, the authority shall send a notice of the pendency of the	276
pardon, commutation, or parole, setting forth the name of the	277
person on whose behalf it is made, the offense of which the person	278
was convicted or to which the person pleaded guilty, the time of	279
conviction or the guilty plea, and the term of the person's	280
sentence, to the prosecuting attorney and the judge of the court	281
of common pleas of the county in which the indictment against the	282
person was found. If there is more than one judge of that court of	283
common pleas, the authority shall send the notice to the presiding	284
judge. The department of rehabilitation and correction, at the	285
same time that it provides the notice to the prosecuting attorney	286
and judge under this division, also shall post on the database it	287
maintains pursuant to section 5120.66 of the Revised Code the	288
offender's name and all of the information specified in division	289
(A)(1)(c)(iii) of that section.	290