As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 343

Representative Bacon 

Cosponsors: Representatives Patton, Combs, Harwood, Fende, Stebelton, Jones, Fessler, Latta, Webster 

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A BILL

To amend sections 2152.86, 2903.03, 2929.20, 2930.03,

1

2930.06, 2930.16, 2950.01, 2967.03, 2967.12,

2

2967.121, 2967.26, 2967.28, 5120.66, 5149.07,

3

5149.10, and 5149.101 of the Revised Code to

4

require automatic notice to victims of first,

5

second, or third degree felony offenses of

6

violence of certain prisoner or alleged juvenile

7

offender release or transfer proceedings; to

8

expand victim participation in parole hearings;

9

to require five years of post-release control

10

for offenders who commit first, second, or third

11

degree felony offenses of violence; to require

12

the Department of Rehabilitation and Correction

13

to keep information on such offenders in a

14

publicly accessible database for ten years

15

following final discharge; to require the

16

Department to provide certain information related

17

to paroles to designated public officials; to

18

require the Department to notify the appropriate

19

prosecuting attorney when a felon serving a

20

specified sentence is released pursuant to a

21

pardon, commutation of sentence, parole, or

22

completed prison term; to prohibit the Parole

23

Board from considering a sentence in effect since

24

July 1, 1996, in making parole determinations; to

25

make other changes related to the release of

26

prisoners and victim's rights; to provide that

27

voluntary manslaughter committed with a sexual

28

motivation is a sexually oriented offense, makes

29

an offender or juvenile offender registrant who

30

commits it a tier III sex offender/child-victim

31

offender, and may qualify a juvenile offender

32

registrant who commits it as a public

33

registry-qualified juvenile offender registrant;

34

to name the victim and family notification

35

provisions Roberta's Law; and to declare an

36

emergency.

37

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

Section 1. That sections 2152.86, 2903.03, 2929.20, 2930.03,	38
2930.06, 2930.16, 2950.01, 2967.03, 2967.12, 2967.121, 2967.26,	39
2967.28, 5120.66, 5149.07, 5149.10, and 5149.101 of the Revised	40
Code be amended to read as follows:	41

Sec. 2152.86.  (A)(1) The court that, on or after January 1,	42
2008, adjudicates a child a delinquent child for committing an act	43
shall issue as part of the dispositional order an order that	44
classifies the child a juvenile offender registrant, specifies	45
that the child has a duty to comply with sections 2950.04,	46
2950.041, 2950.05, and 2950.06 of the Revised Code, and	47
additionally classifies the child a public registry-qualified	48
juvenile offender registrant if the child was fourteen, fifteen,	49
sixteen, or seventeen years of age at the time of committing the	50
act, the court imposed on the child a serious youthful offender	51
dispositional sentence under section 2152.13 of the Revised Code,	52
and the child is adjudicated a delinquent child for committing,	53
attempting to commit, conspiring to commit, or complicity in	54
committing any of the following acts:	55

(a) A violation of section 2907.02 of the Revised Code,	56
division (B) of section 2907.05 of the Revised Code, or section	57
2907.03 of the Revised Code if the victim of the violation was	58
less than twelve years of age;	59

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	60
the Revised Code that was committed with a purpose to gratify the	61
sexual needs or desires of the child;	62

(c) A violation of division (B) of section 2903.03 of the	63
Revised Code.	64

(2) Upon a child's release, on or after January 1, 2008, from	65
the department of youth services, the court shall issue an order	66
that classifies the child a juvenile offender registrant,	67
specifies that the child has a duty to comply with sections	68
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	69
additionally classifies the child a public registry-qualified	70
juvenile offender registrant if all of the following apply:	71

(a) The child was adjudicated a delinquent child, and a	72
juvenile court imposed on the child a serious youthful offender	73
dispositional sentence under section 2152.13 of the Revised Code	74
for committing one of the acts described in division (A)(1)(a) or	75
(b) of this section or for committing on or after the effective	76
date of this amendment the act described in division (A)(1)(c) of	77
this section.	78

(b) The child was fourteen, fifteen, sixteen, or seventeen	79
years of age at the time of committing the act.	80

(c) The court did not issue an order classifying the child as	81
both a juvenile offender registrant and a public	82
registry-qualified juvenile offender registrant pursuant to	83
division (A)(1) of this section.	84

(3) If a court issued an order classifying a child a juvenile	85
offender registrant pursuant to section 2152.82 or 2152.83 of the	86
Revised Code prior to January 1, 2008, not later than February 1,	87
2008, the court shall issue a new order that reclassifies the	88
child as a juvenile offender registrant, specifies that the child	89
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	90
2950.06 of the Revised Code, and additionally classifies the child	91
a public registry-qualified juvenile offender registrant if all	92
of the following apply:	93

(a) The sexually oriented offense that was the basis of the	94
previous order that classified the child a juvenile offender	95
registrant was an act described in division (A)(1)(a) or (b) of	96
this section.	97

(b) The child was fourteen, fifteen, sixteen, or seventeen	98
years of age at the time of committing the act.	99

(c) The court imposed on the child a serious youthful	100
offender dispositional sentence under section 2152.13 of the	101
Revised Code for the act described in division (A)(1)(a) or (b) of	102
this section.	103

(B)(1) If an order is issued under division (A)(1), (2), or	104
(3) of this section, the classification of tier III sex	105
offender/child-victim offender automatically applies to the	106
delinquent child based on the sexually oriented offense the child	107
committed, subject to a possible reclassification pursuant to	108
division (D) of this section for a child whose delinquent act was	109
committed prior to January 1, 2008. If an order is issued under	110
division (A)(2) of this section regarding a child whose delinquent	111
act described in division (A)(1)(a) or (b) of this section was	112
committed prior to January 1, 2008, or if an order is issued under	113
division (A)(3) of this section regarding a delinquent child, the	114
order shall inform the child and the child's parent, guardian, or	115
custodian, that the child has a right to a hearing as described in	116
division (D) of this section and inform the child and the child's	117
parent, guardian, or custodian of the procedures for requesting	118
the hearing and the period of time within which the request for	119
the hearing must be made. Section 2152.831 of the Revised Code	120
does not apply regarding an order issued under division (A)(1),	121
(2), or (3) of this section.	122

(2) The judge that issues an order under division (A)(1),	123
(2), or (3) of this section shall provide to the delinquent child	124
who is the subject of the order and to the delinquent child's	125
parent, guardian, or custodian the notice required under divisions	126
(A) and (B) of section 2950.03 of the Revised Code and shall	127
provide as part of that notice a copy of the order required under	128
division (A)(1), (2), or (3) of this section. The judge shall	129
include the order in the delinquent child's dispositional order	130
and shall specify in the dispositional order that the order issued	131
under division (A)(1), (2), or (3) of this section was made	132
pursuant to this section.	133

(C) An order issued under division (A)(1), (2), or (3) of	134
this section shall remain in effect for the period of time	135
specified in section 2950.07 of the Revised Code as it exists on	136
and after January 1, 2008, subject to a judicial termination of	137
that period of time as provided in section 2950.15 of the Revised	138
Code, subject to a possible reclassification of the child pursuant	139
to division (D) of this section if the child's delinquent act was	140
committed prior to January 1, 2008. If an order is issued under	141
division (A)(1), (2), or (3) of this section, the child's	142
attainment of eighteen or twenty-one years of age does not affect	143
or terminate the order, and the order remains in effect for the	144
period of time described in this division. If an order is issued	145
under division (A)(3) of this section, the duty to comply with	146
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	147
Code based upon that order shall be considered, for purposes of	148
section 2950.07 of the Revised Code and for all other purposes, to	149
be a continuation of the duty to comply with those sections	150
imposed upon the child prior to January 1, 2008, under the order	151
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	152
Chapter 2950. of the Revised Code.	153

(D)(1) If an order is issued under division (A)(2) of this	154
section regarding a delinquent child whose delinquent act	155
described in division (A)(1)(a) or (b) of this section was	156
committed prior to January 1, 2008, or if an order is issued under	157
division (A)(3) of this section regarding a delinquent child,	158
except as otherwise provided in this division, the child may	159
request as a matter of right a court hearing to contest the	160
court's classification in the order of the child as a public	161
registry-qualified juvenile offender registrant. To request the	162
hearing, not later than the date that is sixty days after the	163
delinquent child is provided with the copy of the order, the	164
delinquent child shall file a petition with the juvenile court	165
that issued the order.	166

If the delinquent child requests a hearing by timely filing a	167
petition with the juvenile court, the delinquent child shall serve	168
a copy of the petition on the prosecutor who handled the case in	169
which the delinquent child was adjudicated a delinquent child for	170
committing the sexually oriented offense or child-victim oriented	171
offense that resulted in the delinquent child's registration duty	172
under section 2950.04 or 2950.041 of the Revised Code. The	173
prosecutor shall represent the interest of the state in the	174
hearing. In any hearing under this division, the Rules of Juvenile	175
Procedure apply except to the extent that those Rules would by	176
their nature be clearly inapplicable. The court shall schedule a	177
hearing and shall provide notice to the delinquent child and the	178
delinquent child's parent, guardian, or custodian and to the	179
prosecutor of the date, time, and place of the hearing.	180

If the delinquent child requests a hearing in accordance with	181
this division, until the court issues its decision at or	182
subsequent to the hearing, the delinquent child shall comply with	183
Chapter 2950. of the Revised Code as it exists on and after	184
January 1, 2008. If a delinquent child requests a hearing in	185
accordance with this division, at the hearing, all parties are	186
entitled to be heard, and the court shall consider all relevant	187
information and testimony presented relative to the issue of	188
whether the child should be classified a public registry-qualified	189
juvenile offender registrant. Notwithstanding the court's	190
classification of the delinquent child as a public	191
registry-qualified juvenile offender registrant, the court may	192
terminate that classification if it determines by clear and	193
convincing evidence that the classification is in error.	194

If the court decides to terminate the court's classification	195
of the delinquent child as a public registry-qualified juvenile	196
offender registrant, the court shall issue an order that specifies	197
that it has determined that the child is not a public	198
registry-qualified juvenile offender registrant and that it has	199
terminated the court's classification of the delinquent child as a	200
public registry-qualified juvenile offender registrant. The court	201
promptly shall serve a copy of the order upon the sheriff with	202
whom the delinquent child most recently registered under section	203
2950.04 or 2950.041 of the Revised Code and upon the bureau of	204
criminal identification and investigation. The delinquent child	205
and the prosecutor have the right to appeal the decision of the	206
court issued under this division.	207

If the delinquent child fails to request a hearing in	208
accordance with this division within the applicable sixty-day	209
period specified in this division, the failure constitutes a	210
waiver by the delinquent child of the delinquent child's right to	211
a hearing under this division, and the delinquent child is bound	212
by the court's classification of the delinquent child as a public	213
registry-qualified juvenile offender registrant.	214

(2) An order issued under division (D)(1) of this section is	215
independent of any order of a type described in division (F) of	216
section 2950.031 of the Revised Code or division (E) of section	217
2950.032 of the Revised Code, and the court may issue an order	218
under both division (D)(1) of this section and an order of a type	219
described in division (F) of section 2950.031 of the Revised Code	220
or division (E) of section 2950.032 of the Revised Code. A court	221
that conducts a hearing under division (D)(1) of this section may	222
consolidate that hearing with a hearing conducted for the same	223
delinquent child under division (F) of section 2950.031 of the	224
Revised Code or division (E) of section 2950.032 of the Revised	225
Code.	226

Sec. 2903.03.  (A) No person, while under the influence of	227
sudden passion or in a sudden fit of rage, either of which is	228
brought on by serious provocation occasioned by the victim that is	229
reasonably sufficient to incite the person into using deadly	230
force, shall knowingly cause the death of another or the unlawful	231
termination of another's pregnancy.	232

(B) No person, with a sexual motivation, shall violate	233
division (A) of this section.	234

(C) Whoever violates this section is guilty of voluntary	235
manslaughter, a felony of the first degree.	236

(D) As used in this section, "sexual motivation" has the same	237
meaning as in section 2971.01 of the Revised Code.	238

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

239

(1) "Eligible offender" means any person serving a stated	240
prison term of ten years or less when either of the following	241
applies:	242

(1)(a) The stated prison term does not include a mandatory	243
prison term.	244

(2)(b) The stated prison term includes a mandatory prison	245
term, and the person has served the mandatory prison term.	246

(2) "Victim's representative" has the same meaning as in	247
section 2930.01 of the Revised Code.	248

(B) Upon the filing of a motion by the eligible offender or	249
upon its own motion, a sentencing court may reduce the offender's	250
stated prison term through a judicial release in accordance with	251
this section. The court shall not reduce the stated prison term of	252
an offender who is not an eligible offender. An eligible offender	253
may file a motion for judicial release with the sentencing court	254
within the following applicable period of time:	255

(1)(a) Except as otherwise provided in division (B)(1)(b) or	256
(c) of this section, if the stated prison term was imposed for a	257
felony of the fourth or fifth degree, the eligible offender may	258
file the motion not earlier than thirty days or later than ninety	259
days after the offender is delivered to a state correctional	260
institution.	261

(b) If the stated prison term is five years and is an	262
aggregate of stated prison terms that are being served	263
consecutively and that were imposed for any combination of	264
felonies of the fourth degree and felonies of the fifth degree,	265
the eligible offender may file the motion after the eligible	266
offender has served four years of the stated prison term.	267

(c) If the stated prison term is more than five years and not	268
more than ten years and is an aggregate of stated prison terms	269
that are being served consecutively and that were imposed for any	270
combination of felonies of the fourth degree and felonies of the	271
fifth degree, the eligible offender may file the motion after the	272
eligible offender has served five years of the stated prison term.	273

(2) Except as otherwise provided in division (B)(3) or (4) of	274
this section, if the stated prison term was imposed for a felony	275
of the first, second, or third degree, the eligible offender may	276
file the motion not earlier than one hundred eighty days after the	277
offender is delivered to a state correctional institution.	278

(3) If the stated prison term is five years, the eligible	279
offender may file the motion after the eligible offender has	280
served four years of the stated prison term.	281

(4) If the stated prison term is more than five years and not	282
more than ten years, the eligible offender may file the motion	283
after the eligible offender has served five years of the stated	284
prison term.	285

(5) If the offender's stated prison term includes a mandatory	286
prison term, the offender shall file the motion within the time	287
authorized under division (B)(1), (2), (3), or (4) of this section	288
for the nonmandatory portion of the prison term, but the time for	289
filing the motion does not begin to run until after the expiration	290
of the mandatory portion of the prison term.	291

(C) Upon receipt of a timely motion for judicial release	292
filed by an eligible offender under division (B) of this section	293
or upon the sentencing court's own motion made within the	294
appropriate time period specified in that division, the court may	295
schedule a hearing on the motion. The court may deny the motion	296
without a hearing but shall not grant the motion without a	297
hearing. If a court denies a motion without a hearing, the court	298
may consider a subsequent judicial release for that eligible	299
offender on its own motion or a subsequent motion filed by that	300
eligible offender. If a court denies a motion after a hearing, the	301
court shall not consider a subsequent motion for that eligible	302
offender. The court shall hold only one hearing for any eligible	303
offender.	304

A hearing under this section shall be conducted in open court	305
withinnot less than thirty days or more than sixty days after the	306
date on which the motion is filed, provided that the court may	307
delay the hearing for a period not to exceed one hundred eighty	308
additional days. If the court holds a hearing on the motion, the	309
court shall enter a ruling on the motion within ten days after the	310
hearing. If the court denies the motion without a hearing, the	311
court shall enter its ruling on the motion within sixty days after	312
the motion is filed.	313

(D) If a court schedules a hearing under division (C) of this	314
section, the court shall notify the eligible offender of the	315
hearing and shall notify the head of the state correctional	316
institution in which the eligible offender is confined of the	317
hearing prior to the hearing. The head of the state correctional	318
institution immediately shall notify the appropriate person at the	319
department of rehabilitation and correction of the hearing, and	320
the department within twenty-four hours after receipt of the	321
notice, shall post on the database it maintains pursuant to	322
section 5120.66 of the Revised Code the offender's name and all of	323
the information specified in division (A)(1)(c)(i) of that	324
section. If the court schedules a hearing for judicial release,	325
the court promptly shall give notice of the hearing to the	326
prosecuting attorney of the county in which the eligible offender	327
was indicted. Upon receipt of the notice from the court, the	328
prosecuting attorney shall notifydo either of the followings:	329

(1) Notify the victim of the offense for which the stated	330
prison term was imposed or the victim's representative, pursuant	331
to section 2930.16 of the Revised Code, of the hearing;	332

(2) If the offense was an offense of violence that is a	333
felony of the first, second, or third degree, send written notice	334
to the victim or the victim's representative of the hearing	335
regardless of whether the victim or the victim's representative	336
requested notification pursuant to section 2930.16 or any other	337
section of the Revised Code and, if the victim or victim's	338
representative has not provided the prosecuting attorney with a	339
mailing address, attempt to identify a mailing address for the	340
victim or the victim's representative and send the written notice	341
to that address. Division (D)(2) of this section, and the	342
notice-related provisions of division (I) of this section,	343
division (D)(1) of section 2930.16, division (H) of section	344
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of	345
section 2967.28, and division (A)(2) of section 5149.101 of the	346
Revised Code enacted in the act in which division (D)(2) of this	347
section was enacted, shall be known as "Roberta's Law."	348

(E) Prior to the date of the hearing on a motion for judicial	349
release under this section, the head of the state correctional	350
institution in which the eligible offender in question is confined	351
shall send to the court a report on the eligible offender's	352
conduct in the institution and in any institution from which the	353
eligible offender may have been transferred. The report shall	354
cover the eligible offender's participation in school, vocational	355
training, work, treatment, and other rehabilitative activities and	356
any disciplinary action taken against the eligible offender. The	357
report shall be made part of the record of the hearing.	358

(F) If the court grants a hearing on a motion for judicial	359
release under this section, the eligible offender shall attend the	360
hearing if ordered to do so by the court. Upon receipt of a copy	361
of the journal entry containing the order, the head of the state	362
correctional institution in which the eligible offender is	363
incarcerated shall deliver the eligible offender to the sheriff of	364
the county in which the hearing is to be held. The sheriff shall	365
convey the eligible offender to the hearing and return the	366
offender to the institution after the hearing.	367

(G) At the hearing on a motion for judicial release under	368
this section, the court shall afford the eligible offender and the	369
eligible offender's attorney an opportunity to present written	370
information relevant to the motion and shall afford the eligible	371
offender, if present, and the eligible offender's attorney an	372
opportunity to present oral information relevant to the motion.	373
The court shall afford a similar opportunity to the prosecuting	374
attorney, the victim or the victim's representative, as defined in	375
section 2930.01 of the Revised Code, and any other person the	376
court determines is likely to present additional relevant	377
information. The court shall consider any statement of a victim	378
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	379
any victim impact statement prepared pursuant to section 2947.051	380
of the Revised Code, and any report made under division (E) of	381
this section. The court may consider any written statement of any	382
person submitted to the court pursuant to division (J) of this	383
section. After ruling on the motion, the court shall notify the	384
victim of the ruling in accordance with sections 2930.03 and	385
2930.16 of the Revised Code.	386

(H)(1) A court shall not grant a judicial release under this	387
section to an eligible offender who is imprisoned for a felony of	388
the first or second degree, or to an eligible offender who	389
committed an offense contained in Chapter 2925. or 3719. of the	390
Revised Code and for whom there was a presumption under section	391
2929.13 of the Revised Code in favor of a prison term, unless the	392
court, with reference to factors under section 2929.12 of the	393
Revised Code, finds both of the following:	394

(a) That a sanction other than a prison term would adequately	395
punish the offender and protect the public from future criminal	396
violations by the eligible offender because the applicable factors	397
indicating a lesser likelihood of recidivism outweigh the	398
applicable factors indicating a greater likelihood of recidivism;	399

(b) That a sanction other than a prison term would not demean	400
the seriousness of the offense because factors indicating that the	401
eligible offender's conduct in committing the offense was less	402
serious than conduct normally constituting the offense outweigh	403
factors indicating that the eligible offender's conduct was more	404
serious than conduct normally constituting the offense.	405

(2) A court that grants a judicial release to an eligible	406
offender under division (H)(1) of this section shall specify on	407
the record both findings required in that division and also shall	408
list all the factors described in that division that were	409
presented at the hearing.	410

(I) If the court grants a motion for judicial release under	411
this section, the court shall order the release of the eligible	412
offender, shall place the eligible offender under an appropriate	413
community control sanction, under appropriate community control	414
conditions, and under the supervision of the department of	415
probation serving the court, and shall reserve the right to	416
reimpose the sentence that it reduced pursuant to the judicial	417
release if the offender violates the sanction. If the court	418
reimposes the reduced sentence pursuant to this reserved right, it	419
may do so either concurrently with, or consecutive to, any new	420
sentence imposed upon the eligible offender as a result of the	421
violation that is a new offense. The period of the community	422
control sanction shall be no longer than five years. The court, in	423
its discretion, may reduce the period of the community control	424
sanction by the amount of time the eligible offender spent in jail	425
for the offense and in prison. If the court made any findings	426
pursuant to division (H)(1) of this section, the court shall serve	427
a copy of the findings upon counsel for the parties within fifteen	428
days after the date on which the court grants the motion for	429
judicial release.	430

Prior to being released pursuant to a judicial release	431
granted under this section, the eligible offender shall serve any	432
extension of sentence that was imposed under section 2967.11 of	433
the Revised Code.	434

If the court grants a motion for judicial release, the court	435
shall notify the appropriate person at the department of	436
rehabilitation and correction of the judicial release, and the	437
department shall post notice of the release on the database it	438
maintains pursuant to section 5120.66 of the Revised Code. The	439
prosecuting attorney shall send written notice of any judicial	440
release to the victim or the victim's representative at the	441
address provided by the victim or victim's representative pursuant	442
to section 2930.16 or any other section of the Revised Code or the	443
address to which the prosecuting attorney sent notice of the	444
hearing pursuant to division (D)(2) of this section.	445

(J) In addition to and independent of the right of a victim	446
to make a statement pursuant to section 2930.14, 2930.17, or	447
2946.051 of the Revised Code and any right of a person to present	448
written information or make a statement pursuant to division (G)	449
of this section, any person may submit to the court, at any time	450
prior to the hearing on the offender's motion for judicial	451
release, a written statement concerning the effects of the	452
offender's crime or crimes, the circumstances surrounding the	453
crime or crimes, the manner in which the crime or crimes were	454
perpetrated, and the person's opinion as to whether the offender	455
should be released.	456

Sec. 2930.03.  (A) A person or entity required or authorized	457
under this chapter to give notice to a victim shall give the	458
notice to the victim by any means reasonably calculated to provide	459
prompt actual notice. Except when a provision requires that notice	460
is to be given in a specific manner, a notice may be oral or	461
written.	462

(B) Except for receipt of the initial information and notice	463
required to be given to a victim under divisions (A) and (B) of	464
section 2930.04, section 2930.05, and divisions (A) and (B) of	465
section 2930.06 of the Revised Code and the notice required to be	466
given to a victim under division (D) of section 2930.16 of the	467
Revised Code, a victim who wishes to receive any notice authorized	468
by this chapter shall make a request for the notice to the	469
prosecutor or the custodial agency that is to provide the notice,	470
as specified in this chapter. If the victim does not make a	471
request as described in this division, the prosecutor or custodial	472
agency is not required to provide any notice described in this	473
chapter other than the initial information and notice required to	474
be given to a victim under divisions (A) and (B) of section	475
2930.04, section 2930.05, and divisions (A) and (B) of section	476
2930.06 of the Revised Code and the notice required to be given to	477
a victim under division (D) of section 2930.16 of the Revised	478
Code.	479

(C) A person or agency that is required to furnish notice	480
under this chapter shall give the notice to the victim at the	481
address or telephone number provided to the person or agency by	482
the victim. A victim who requests to receive notice under this	483
chapter as described in division (B) of this section shall inform	484
the person or agency of the name, address, or telephone number of	485
the victim and of any change to that information.	486

(D) A person or agency that has furnished information to a	487
victim in accordance with any requirement or authorization under	488
this chapter shall notify the victim promptly of any significant	489
changes to that information.	490

(E) Divisions (A) to (D) of this section do not apply	491
regarding a notice that a prosecutor is required to provide under	492
section 2930.061 of the Revised Code. A prosecutor required to	493
provide notice under that section shall provide the notice as	494
specified in that section.	495

Sec. 2930.06.  (A) The prosecutor in a case, to the extent	496
practicable, shall confer with the victim in the case before	497
pretrial diversion is granted to the defendant or alleged juvenile	498
offender in the case, before amending or dismissing an indictment,	499
information, or complaint against that defendant or alleged	500
juvenile offender, before agreeing to a negotiated plea for that	501
defendant or alleged juvenile offender, before a trial of that	502
defendant by judge or jury, or before the juvenile court conducts	503
an adjudicatory hearing for that alleged juvenile offender. If the	504
juvenile court disposes of a case prior to the prosecutor's	505
involvement in the case, the court or a court employee shall	506
notify the victim in the case that the alleged juvenile offender	507
will be granted pretrial diversion, the complaint against that	508
alleged juvenile offender will be amended or dismissed, or the	509
court will conduct an adjudicatory hearing for that alleged	510
juvenile offender. If the prosecutor fails to confer with the	511
victim at any of those times, the court, if informed of the	512
failure, shall note on the record the failure and the prosecutor's	513
reasons for the failure. A prosecutor's failure to confer with a	514
victim as required by this division and a court's failure to	515
provide the notice as required by this division do not affect the	516
validity of an agreement between the prosecutor and the defendant	517
or alleged juvenile offender in the case, a pretrial diversion of	518
the defendant or alleged juvenile offender, an amendment or	519
dismissal of an indictment, information, or complaint filed	520
against the defendant or alleged juvenile offender, a plea entered	521
by the defendant or alleged juvenile defender, an admission	522
entered by the defendant or alleged juvenile offender, or any	523
other disposition in the case. A court shall not dismiss a	524
criminal complaint, charge, information, or indictment or a	525
delinquent child complaint solely at the request of the victim and	526
over the objection of the prosecuting attorney, village solicitor,	527
city director of law, or other chief legal officer responsible for	528
the prosecution of the case.	529

(B) After a prosecution in a case has been commenced, the	530
prosecutor or a designee of the prosecutor other than a court or	531
court employee, to the extent practicable, promptly shall give the	532
victim all of the following information, except that, if the	533
juvenile court disposes of a case prior to the prosecutor's	534
involvement in the case, the court or a court employee, to the	535
extent practicable, promptly shall give the victim all of the	536
following information:	537

(1) The name of the crime or specified delinquent act with	538
which the defendant or alleged juvenile offender in the case has	539
been charged and the name of the defendant or alleged juvenile	540
offender;	541

(2) The file number of the case;

542

(3) A brief statement regarding the procedural steps in a	543
criminal prosecution or delinquency proceeding involving a crime	544
or specified delinquent act similar to the crime or specified	545
delinquent act with which the defendant or alleged juvenile	546
offender has been charged and the right of the victim to be	547
present during all proceedings held throughout the prosecution of	548
the case;	549

(4) A summary of the rights of a victim under this chapter;

550

(5) Procedures the victim or the prosecutor may follow if the	551
victim becomes subject to threats or intimidation by the	552
defendant, alleged juvenile offender, or any other person;	553

(6) The name and business telephone number of a person to	554
contact for further information with respect to the case;	555

(7) The right of the victim to have a victim's representative	556
exercise the victim's rights under this chapter in accordance with	557
section 2930.02 of the Revised Code and the procedure by which a	558
victim's representative may be designated;	559

(8) Notice that any notification under division (C) of this	560
section, sections 2930.07 to 2930.15, division (A), (B), or (C) of	561
section 2930.16, sections 2930.17 to 2930.19, and section 5139.56	562
of the Revised Code will be given to the victim only if the victim	563
asks to receive the notification and that notice under division	564
(D) of section 2930.16 of the Revised Code will be given	565
regardless of whether the victim asks to receive the notification.	566

(C) Upon the request of the victim, the prosecutor or, if it	567
is a delinquency proceeding and a prosecutor is not involved in	568
the case, the court shall give the victim notice of the date,	569
time, and place of any scheduled criminal or juvenile proceedings	570
in the case and notice of any changes in those proceedings or in	571
the schedule in the case.	572

(D) A victim who requests notice under division (C) of this	573
section and who elects pursuant to division (B) of section 2930.03	574
of the Revised Code to receive any further notice from the	575
prosecutor or, if it is a delinquency proceeding and a prosecutor	576
is not involved in the case, the court under this chapter shall	577
keep the prosecutor or the court informed of the victim's current	578
address and telephone number until the case is dismissed or	579
terminated, the defendant is acquitted or sentenced, the	580
delinquent child complaint is dismissed, the defendant is	581
adjudicated a delinquent child, or the appellate process is	582
completed, whichever is the final disposition in the case.	583

(E) If a defendant is charged with the commission of a	584
misdemeanor offense that is not identified in division (A)(2) of	585
section 2930.01 of the Revised Code and if a police report or a	586
complaint, indictment, or information that charges the commission	587
of that offense and provides the basis for a criminal prosecution	588
of that defendant identifies one or more individuals as	589
individuals against whom that offense was committed, after a	590
prosecution in the case has been commenced, the prosecutor or a	591
designee of the prosecutor other than a court or court employee,	592
to the extent practicable, promptly shall notify each of the	593
individuals so identified in the report, complaint, indictment, or	594
information that, if the defendant is convicted of or pleads	595
guilty to the offense, the individual may make an oral or written	596
statement to the court hearing the case regarding the sentence to	597
be imposed upon the defendant and that the court must consider any	598
statement so made that is relevant. Before imposing sentence in	599
the case, the court shall permit the individuals so identified in	600
the report, complaint, indictment, or information to make an oral	601
or written statement. Division (A) of section 2930.14 of the	602
Revised Code applies regarding any statement so made. The court	603
shall consider a statement so made, in accordance with division	604
(B) of that section and division (D) of section 2929.22 of the	605
Revised Code.	606

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	607
in a case who has requested to receive notice under this section	608
shall be given notice of the incarceration of the defendant. If an	609
alleged juvenile offender is committed to the temporary custody of	610
a school, camp, institution, or other facility operated for the	611
care of delinquent children or to the legal custody of the	612
department of youth services, a victim in a case who has requested	613
to receive notice under this section shall be given notice of the	614
commitment. Promptly after sentence is imposed upon the defendant	615
or the commitment of the alleged juvenile offender is ordered, the	616
prosecutor in the case shall notify the victim of the date on	617
which the defendant will be released from confinement or the	618
prosecutor's reasonable estimate of that date or the date on which	619
the alleged juvenile offender will have served the minimum period	620
of commitment or the prosecutor's reasonable estimate of that	621
date. The prosecutor also shall notify the victim of the name of	622
the custodial agency of the defendant or alleged juvenile offender	623
and tell the victim how to contact that custodial agency. If the	624
custodial agency is the department of rehabilitation and	625
correction, the prosecutor shall notify the victim of the services	626
offered by the office of victims' services pursuant to section	627
5120.60 of the Revised Code. If the custodial agency is the	628
department of youth services, the prosecutor shall notify the	629
victim of the services provided by the office of victims' services	630
within the release authority of the department pursuant to section	631
5139.55 of the Revised Code and the victim's right pursuant to	632
section 5139.56 of the Revised Code to submit a written request to	633
the release authority to be notified of actions the release	634
authority takes with respect to the alleged juvenile offender. The	635
victim shall keep the custodial agency informed of the victim's	636
current address and telephone number.	637

(B)(1) Upon the victim's request or in accordance with	638
division (D) of this section, the prosecutor promptly shall	639
notify the victim of any hearing for judicial release of the	640
defendant pursuant to section 2929.20 of the Revised Code or of	641
any hearing for judicial release or early release of the alleged	642
juvenile offender pursuant to section 2151.38 of the Revised Code	643
and of the victim's right to make a statement under those	644
sections. The court shall notify the victim of its ruling in each	645
of those hearings and on each of those applications.	646

(2) If an offender is sentenced to a prison term pursuant to	647
division (A)(3) or (B) of section 2971.03 of the Revised Code,	648
upon the request of the victim of the crime or in accordance with	649
division (D) of this section, the prosecutor promptly shall	650
notify the victim of any hearing to be conducted pursuant to	651
section 2971.05 of the Revised Code to determine whether to	652
modify the requirement that the offender serve the entire prison	653
term in a state correctional facility in accordance with	654
division (C) of that section, whether to continue, revise, or	655
revoke any existing modification of that requirement, or whether	656
to terminate the prison term in accordance with division (D) of	657
that section. The court shall notify the victim of any order	658
issued at the conclusion of the hearing.	659

(C) Upon the victim's request made at any time before the	660
particular notice would be due or in accordance with division (D)	661
of this section, the custodial agency of a defendant or alleged	662
juvenile offender shall give the victim any of the following	663
notices that is applicable:	664

(1) At least three weekssixty days before the adult parole	665
authority recommends a pardon or commutation of sentence for the	666
defendant or at least three weekssixty days prior to a hearing	667
before the adult parole authority regarding a grant of parole to	668
the defendant, notice of the victim's right to submit a statement	669
regarding the impact of the defendant's release in accordance	670
with section 2967.12 of the Revised Code and, if applicable, of	671
the victim's right to appear at a full board hearing of the	672
parole board to give testimony as authorized by section 5149.101	673
of the Revised Code;	674

(2) At least three weekssixty days before the defendant is	675
transferred to transitional control under section 2967.26 of the	676
Revised Code, notice of the pendency of the transfer and of the	677
victim's right under that section to submit a statement regarding	678
the impact of the transfer;	679

(3) At least thirtysixty days before the release authority	680
of the department of youth services holds a release review,	681
release hearing, or discharge review for the alleged juvenile	682
offender, notice of the pendency of the review or hearing, of the	683
victim's right to make an oral or written statement regarding the	684
impact of the crime upon the victim or regarding the possible	685
release or discharge, and, if the notice pertains to a hearing,	686
of the victim's right to attend and make statements or comments	687
at the hearing as authorized by section 5139.56 of the Revised	688
Code;	689

(4) Prompt notice of the defendant's or alleged juvenile	690
offender's escape from a facility of the custodial agency in which	691
the defendant was incarcerated or in which the alleged juvenile	692
offender was placed after commitment, of the defendant's or	693
alleged juvenile offender's absence without leave from a mental	694
health or mental retardation and developmental disabilities	695
facility or from other custody, and of the capture of the	696
defendant or alleged juvenile offender after an escape or absence;	697

(5) Notice of the defendant's or alleged juvenile offender's	698
death while in confinement or custody;	699

(6) Notice of the defendant's or alleged juvenile offender's	700
release from confinement or custody and the terms and conditions	701
of the release.	702

(D)(1) If a defendant is incarcerated for the commission of	703
an offense of violence that is a felony of the first, second, or	704
third degree or if an alleged juvenile offender has been charged	705
with the commission of an act that would be an offense of violence	706
that is a felony of the first, second, or third degree if	707
committed by an adult, the notices described in divisions (B) and	708
(C) of this section shall be given regardless of whether the	709
victim requested notice. The custodial agency shall give similar	710
notice to the prosecutor in the case, to the sentencing court, to	711
the law enforcement agency that arrested the defendant or alleged	712
juvenile offender, and to any other person who requests	713
notification. The custodial agency shall attempt to identify a	714
mailing address for the victim and send notice to that address by	715
ordinary mail. Division (D)(1) of this section, and the	716
notice-related provisions of divisions (D)(2) and (I) of section	717
2929.20, division (H) of section 2967.12, division (A)(3)(b) of	718
section 2967.26, division (D)(1) of section 2967.28, and division	719
(A)(2) of section 5149.101 of the Revised Code enacted in the act	720
in which division (D)(1) of this section was enacted, shall be	721
known as "Roberta's Law."	722

(2) The custodial agency shall keep a record of notices sent	723
pursuant to division (D)(1) of this section. The record shall be	724
kept in a manner that allows public inspection of notices to	725
persons other than victims without revealing the names, addresses,	726
or other identifying information relating to victims. The record	727
of notices to victims is not a public record. The record of	728
notices to persons other than victims is a public record.	729

(E) The adult parole authority shall adopt rules under	730
Chapter 119. of the Revised Code providing for a victim conference	731
prior to a parole hearing in the case of a prisoner who is	732
incarcerated for the commission of an offense of violence that is	733
a felony of the first, second, or third degree. The rules shall	734
provide for, but not be limited to, all of the following:	735

(1) Attendance by the victim, members of the victim's family,	736
the victim's representative, and, if practicable, other	737
individuals;	738

(2) Allotment of at least one hour for the conference;

739

(3) The order of priority in which persons in attendance may	740
speak and permission for any person in attendance to speak if time	741
allows;	742

(4) Attendance by the news media upon request of the victim,	743
members of the victim's family, the victim's representative, or,	744
if none of those persons attend, a victims'-rights advocate;	745

(5) Recording of the conference by videotape or other media.

746

Sec. 2950.01. As used in this chapter, unless the context	747
clearly requires otherwise:	748

(A) "Sexually oriented offense" means any of the following	749
violations or offenses committed by a person, regardless of the	750
person's age:	751

(1) A violation of section 2907.02, 2907.03, 2907.05,	752
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	753
or 2907.323 of the Revised Code;	754

(2) A violation of section 2907.04 of the Revised Code when	755
the offender is less than four years older than the other person	756
with whom the offender engaged in sexual conduct, the other person	757
did not consent to the sexual conduct, and the offender previously	758
has not been convicted of or pleaded guilty to a violation of	759
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	760
violation of former section 2907.12 of the Revised Code;	761

(3) A violation of section 2907.04 of the Revised Code when	762
the offender is at least four years older than the other person	763
with whom the offender engaged in sexual conduct or when the	764
offender is less than four years older than the other person with	765
whom the offender engaged in sexual conduct and the offender	766
previously has been convicted of or pleaded guilty to a violation	767
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	768
violation of former section 2907.12 of the Revised Code;	769

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	770
the Revised Code when the violation was committed with a sexual	771
motivation;	772

(5) A violation of division (A) of section 2903.04 of the	773
Revised Code when the offender committed or attempted to commit	774
the felony that is the basis of the violation with a sexual	775
motivation;	776

(6) A violation of division (A)(3) of section 2903.211 of the	777
Revised Code;	778

(7) A violation of division (A)(1), (2), (3), or (5) of	779
section 2905.01 of the Revised Code when the offense is committed	780
with a sexual motivation;	781

(8) A violation of division (A)(4) of section 2905.01 of the	782
Revised Code;	783

(9) A violation of division (B) of section 2905.01 of the	784
Revised Code when the victim of the offense is under eighteen	785
years of age and the offender is not a parent of the victim of the	786
offense;	787

(10) A violation of division (B) of section 2903.03, of	788
division (B) of section 2905.02, of division (B) of section	789
2905.03, of division (B) of section 2905.05, or of division	790
(B)(5) of section 2919.22 of the Revised Code;	791

(11) A violation of any former law of this state, any	792
existing or former municipal ordinance or law of another state or	793
the United States, any existing or former law applicable in a	794
military court or in an Indian tribal court, or any existing or	795
former law of any nation other than the United States that is or	796
was substantially equivalent to any offense listed in division	797
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	798
section;	799

(12) Any attempt to commit, conspiracy to commit, or	800
complicity in committing any offense listed in division (A)(1),	801
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	802
section.	803

(B)(1) "Sex offender" means, subject to division (B)(2) of	804
this section, a person who is convicted of, pleads guilty to, has	805
been convicted of, has pleaded guilty to, is adjudicated a	806
delinquent child for committing, or has been adjudicated a	807
delinquent child for committing any sexually oriented offense.	808

(2) "Sex offender" does not include a person who is convicted	809
of, pleads guilty to, has been convicted of, has pleaded guilty	810
to, is adjudicated a delinquent child for committing, or has been	811
adjudicated a delinquent child for committing a sexually oriented	812
offense if the offense involves consensual sexual conduct or	813
consensual sexual contact and either of the following applies:	814

(a) The victim of the sexually oriented offense was eighteen	815
years of age or older and at the time of the sexually oriented	816
offense was not under the custodial authority of the person who is	817
convicted of, pleads guilty to, has been convicted of, has pleaded	818
guilty to, is adjudicated a delinquent child for committing, or	819
has been adjudicated a delinquent child for committing the	820
sexually oriented offense.	821

(b) The victim of the offense was thirteen years of age or	822
older, and the person who is convicted of, pleads guilty to, has	823
been convicted of, has pleaded guilty to, is adjudicated a	824
delinquent child for committing, or has been adjudicated a	825
delinquent child for committing the sexually oriented offense is	826
not more than four years older than the victim.	827

(C) "Child-victim oriented offense" means any of the	828
following violations or offenses committed by a person, regardless	829
of the person's age, when the victim is under eighteen years of	830
age and is not a child of the person who commits the violation:	831

(1) A violation of division (A)(1), (2), (3), or (5) of	832
section 2905.01 of the Revised Code when the violation is not	833
included in division (A)(7) of this section;	834

(2) A violation of division (A) of section 2905.02, division	835
(A) of section 2905.03, or division (A) of section 2905.05 of the	836
Revised Code;	837

(3) A violation of any former law of this state, any existing	838
or former municipal ordinance or law of another state or the	839
United States, any existing or former law applicable in a military	840
court or in an Indian tribal court, or any existing or former law	841
of any nation other than the United States that is or was	842
substantially equivalent to any offense listed in division (C)(1)	843
or (2) of this section;	844

(4) Any attempt to commit, conspiracy to commit, or	845
complicity in committing any offense listed in division (C)(1),	846
(2), or (3) of this section.	847

(D) "Child-victim offender" means a person who is convicted	848
of, pleads guilty to, has been convicted of, has pleaded guilty	849
to, is adjudicated a delinquent child for committing, or has been	850
adjudicated a delinquent child for committing any child-victim	851
oriented offense.	852

(E) "Tier I sex offender/child-victim offender" means any of	853
the following:	854

(1) A sex offender who is convicted of, pleads guilty to, has	855
been convicted of, or has pleaded guilty to any of the following	856
sexually oriented offenses:	857

(a) A violation of section 2907.06, 2907.07, 2907.08, or	858
2907.32 of the Revised Code;	859

(b) A violation of section 2907.04 of the Revised Code when	860
the offender is less than four years older than the other person	861
with whom the offender engaged in sexual conduct, the other person	862
did not consent to the sexual conduct, and the offender previously	863
has not been convicted of or pleaded guilty to a violation of	864
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	865
violation of former section 2907.12 of the Revised Code;	866

(c) A violation of division (A)(1), (2), (3), or (5) of	867
section 2907.05 of the Revised Code;	868

(d) A violation of division (A)(3) of section 2907.323 of the	869
Revised Code;	870

(e) A violation of division (A)(3) of section 2903.211, of	871
division (B) of section 2905.03, or of division (B) of section	872
2905.05 of the Revised Code;	873

(f) A violation of any former law of this state, any existing	874
or former municipal ordinance or law of another state or the	875
United States, any existing or former law applicable in a military	876
court or in an Indian tribal court, or any existing or former law	877
of any nation other than the United States, that is or was	878
substantially equivalent to any offense listed in division	879
(E)(1)(a), (b), (c), (d), or (e) of this section;	880

(g) Any attempt to commit, conspiracy to commit, or	881
complicity in committing any offense listed in division (E)(1)(a),	882
(b), (c), (d), (e), or (f) of this section.	883

(2) A child-victim offender who is convicted of, pleads	884
guilty to, has been convicted of, or has pleaded guilty to a	885
child-victim oriented offense and who is not within either	886
category of child-victim offender described in division (F)(2) or	887
(G)(2) of this section.	888

(3) A sex offender who is adjudicated a delinquent child for	889
committing or has been adjudicated a delinquent child for	890
committing any sexually oriented offense and who a juvenile court,	891
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	892
Revised Code, classifies a tier I sex offender/child-victim	893
offender relative to the offense.	894

(4) A child-victim offender who is adjudicated a delinquent	895
child for committing or has been adjudicated a delinquent child	896
for committing any child-victim oriented offense and who a	897
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	898
2152.85 of the Revised Code, classifies a tier I sex	899
offender/child-victim offender relative to the offense.	900

(F) "Tier II sex offender/child-victim offender" means any of	901
the following:	902

(1) A sex offender who is convicted of, pleads guilty to, has	903
been convicted of, or has pleaded guilty to any of the following	904
sexually oriented offenses:	905

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	906
the Revised Code;	907

(b) A violation of section 2907.04 of the Revised Code when	908
the offender is at least four years older than the other person	909
with whom the offender engaged in sexual conduct, or when the	910
offender is less than four years older than the other person with	911
whom the offender engaged in sexual conduct and the offender	912
previously has been convicted of or pleaded guilty to a violation	913
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	914
former section 2907.12 of the Revised Code;	915

(c) A violation of division (A)(4) of section 2907.05 or of	916
division (A)(1) or (2) of section 2907.323 of the Revised Code;	917

(d) A violation of division (A)(1), (2), (3), or (5) of	918
section 2905.01 of the Revised Code when the offense is committed	919
with a sexual motivation;	920

(e) A violation of division (A)(4) of section 2905.01 of the	921
Revised Code when the victim of the offense is eighteen years of	922
age or older;	923

(f) A violation of division (B) of section 2905.02 or of	924
division (B)(5) of section 2919.22 of the Revised Code;	925

(g) A violation of any former law of this state, any existing	926
or former municipal ordinance or law of another state or the	927
United States, any existing or former law applicable in a military	928
court or in an Indian tribal court, or any existing or former law	929
of any nation other than the United States that is or was	930
substantially equivalent to any offense listed in division	931
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	932

(h) Any attempt to commit, conspiracy to commit, or	933
complicity in committing any offense listed in division (F)(1)(a),	934
(b), (c), (d), (e), (f), or (g) of this section;	935

(i) Any sexually oriented offense that is committed after the	936
sex offender previously has been convicted of, pleaded guilty to,	937
or has been adjudicated a delinquent child for committing any	938
sexually oriented offense or child-victim oriented offense for	939
which the offender was classified a tier I sex	940
offender/child-victim offender.	941

(2) A child-victim offender who is convicted of, pleads	942
guilty to, has been convicted of, or has pleaded guilty to any	943
child-victim oriented offense when the child-victim oriented	944
offense is committed after the child-victim offender previously	945
has been convicted of, pleaded guilty to, or been adjudicated a	946
delinquent child for committing any sexually oriented offense or	947
child-victim oriented offense for which the offender was	948
classified a tier I sex offender/child-victim offender.	949

(3) A sex offender who is adjudicated a delinquent child for	950
committing or has been adjudicated a delinquent child for	951
committing any sexually oriented offense and who a juvenile court,	952
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	953
Revised Code, classifies a tier II sex offender/child-victim	954
offender relative to the offense.	955

(4) A child-victim offender who is adjudicated a delinquent	956
child for committing or has been adjudicated a delinquent child	957
for committing any child-victim oriented offense and whom a	958
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	959
2152.85 of the Revised Code, classifies a tier II sex	960
offender/child-victim offender relative to the current offense.	961

(5) A sex offender or child-victim offender who is not in any	962
category of tier II sex offender/child-victim offender set forth	963
in division (F)(1), (2), (3), or (4) of this section, who prior to	964
January 1, 2008, was adjudicated a delinquent child for committing	965
a sexually oriented offense or child-victim oriented offense, and	966
who prior to that date was determined to be a habitual sex	967
offender or determined to be a habitual child-victim offender,	968
unless either of the following applies:	969

(a) The sex offender or child-victim offender is reclassified	970
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	971
tier I sex offender/child-victim offender or a tier III sex	972
offender/child-victim offender relative to the offense.	973

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	974
2152.84, or 2152.85 of the Revised Code, classifies the child a	975
tier I sex offender/child-victim offender or a tier III sex	976
offender/child-victim offender relative to the offense.	977

(G) "Tier III sex offender/child-victim offender" means any	978
of the following:	979

(1) A sex offender who is convicted of, pleads guilty to, has	980
been convicted of, or has pleaded guilty to any of the following	981
sexually oriented offenses:	982

(a) A violation of section 2907.02 or 2907.03 of the Revised	983
Code;	984

(b) A violation of division (B) of section 2907.05 of the	985
Revised Code;	986

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	987
the Revised Code when the violation was committed with a sexual	988
motivation;	989

(d) A violation of division (A) of section 2903.04 of the	990
Revised Code when the offender committed or attempted to commit	991
the felony that is the basis of the violation with a sexual	992
motivation;	993

(e) A violation of division (A)(4) of section 2905.01 of the	994
Revised Code when the victim of the offense is under eighteen	995
years of age;	996

(f) A violation of division (B) of section 2905.01 of the	997
Revised Code when the victim of the offense is under eighteen	998
years of age and the offender is not a parent of the victim of the	999
offense;	1000

(g) A violation of division (B) of section 2903.03 of the	1001
Revised Code;	1002

(h) A violation of any former law of this state, any existing	1003
or former municipal ordinance or law of another state or the	1004
United States, any existing or former law applicable in a military	1005
court or in an Indian tribal court, or any existing or former law	1006
of any nation other than the United States that is or was	1007
substantially equivalent to any offense listed in division	1008
(G)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;	1009

(h)(i) Any attempt to commit, conspiracy to commit, or	1010
complicity in committing any offense listed in division (G)(1)(a),	1011
(b), (c), (d), (e), (f), or (g), or (h) of this section;	1012

(i)(j) Any sexually oriented offense that is committed after	1013
the sex offender previously has been convicted of, pleaded guilty	1014
to, or been adjudicated a delinquent child for committing any	1015
sexually oriented offense or child-victim oriented offense for	1016
which the offender was classified a tier II sex	1017
offender/child-victim offender or a tier III sex	1018
offender/child-victim offender.	1019

(2) A child-victim offender who is convicted of, pleads	1020
guilty to, has been convicted of, or has pleaded guilty to any	1021
child-victim oriented offense when the child-victim oriented	1022
offense is committed after the child-victim offender previously	1023
has been convicted of, pleaded guilty to, or been adjudicated a	1024
delinquent child for committing any sexually oriented offense or	1025
child-victim oriented offense for which the offender was	1026
classified a tier II sex offender/child-victim offender or a tier	1027
III sex offender/child-victim offender.	1028

(3) A sex offender who is adjudicated a delinquent child for	1029
committing or has been adjudicated a delinquent child for	1030
committing any sexually oriented offense and who a juvenile court,	1031
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1032
Revised Code, classifies a tier III sex offender/child-victim	1033
offender relative to the offense.	1034

(4) A child-victim offender who is adjudicated a delinquent	1035
child for committing or has been adjudicated a delinquent child	1036
for committing any child-victim oriented offense and whom a	1037
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1038
2152.85 of the Revised Code, classifies a tier III sex	1039
offender/child-victim offender relative to the current offense.	1040

(5) A sex offender or child-victim offender who is not in	1041
any category of tier III sex offender/child-victim offender set	1042
forth in division (G)(1), (2), (3), or (4) of this section, who	1043
prior to January 1, 2008, was convicted of or pleaded guilty to a	1044
sexually oriented offense or child-victim oriented offense or was	1045
adjudicated a delinquent child for committing a sexually oriented	1046
offense or child-victim oriented offense and classified a juvenile	1047
offender registrant, and who prior to that date was adjudicated a	1048
sexual predator or adjudicated a child-victim predator, unless	1049
either of the following applies:	1050

(a) The sex offender or child-victim offender is reclassified	1051
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1052
tier I sex offender/child-victim offender or a tier II sex	1053
offender/child-victim offender relative to the offense.	1054

(b) The sex offender or child-victim offender is a delinquent	1055
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	1056
2152.84, or 2152.85 of the Revised Code, classifies the child a	1057
tier I sex offender/child-victim offender or a tier II sex	1058
offender/child-victim offender relative to the offense.	1059

(6) A sex offender who is convicted of, pleads guilty to, was	1060
convicted of, or pleaded guilty to a sexually oriented offense, if	1061
the sexually oriented offense and the circumstances in which it	1062
was committed are such that division (F) of section 2971.03 of the	1063
Revised Code automatically classifies the offender as a tier III	1064
sex offender/child-victim offender;	1065

(7) A sex offender or child-victim offender who is convicted	1066
of, pleads guilty to, was convicted of, pleaded guilty to, is	1067
adjudicated a delinquent child for committing, or was adjudicated	1068
a delinquent child for committing a sexually oriented offense or	1069
child-victim offense in another state, in a federal court,	1070
military court, or Indian tribal court, or in a court in any	1071
nation other than the United States if both of the following	1072
apply:	1073

(a) Under the law of the jurisdiction in which the offender	1074
was convicted or pleaded guilty or the delinquent child was	1075
adjudicated, the offender or delinquent child is in a category	1076
substantially equivalent to a category of tier III sex	1077
offender/child-victim offender described in division (G)(1), (2),	1078
(3), (4), (5), or (6) of this section.	1079

(b) Subsequent to the conviction, plea of guilty, or	1080
adjudication in the other jurisdiction, the offender or delinquent	1081
child resides, has temporary domicile, attends school or an	1082
institution of higher education, is employed, or intends to reside	1083
in this state in any manner and for any period of time that	1084
subjects the offender or delinquent child to a duty to register or	1085
provide notice of intent to reside under section 2950.04 or	1086
2950.041 of the Revised Code.	1087

(H) "Confinement" includes, but is not limited to, a	1088
community residential sanction imposed pursuant to section 2929.16	1089
or 2929.26 of the Revised Code.	1090

(I) "Prosecutor" has the same meaning as in section 2935.01	1091
of the Revised Code.	1092

(J) "Supervised release" means a release of an offender from	1093
a prison term, a term of imprisonment, or another type of	1094
confinement that satisfies either of the following conditions:	1095

(1) The release is on parole, a conditional pardon, under a	1096
community control sanction, under transitional control, or under a	1097
post-release control sanction, and it requires the person to	1098
report to or be supervised by a parole officer, probation officer,	1099
field officer, or another type of supervising officer.	1100

(2) The release is any type of release that is not described	1101
in division (J)(1) of this section and that requires the person	1102
to report to or be supervised by a probation officer, a parole	1103
officer, a field officer, or another type of supervising officer.	1104

(K) "Sexually violent predator specification," "sexually	1105
violent predator," "sexually violent offense," "sexual motivation	1106
specification," "designated homicide, assault, or kidnapping	1107
offense," and "violent sex offense" have the same meanings as in	1108
section 2971.01 of the Revised Code.	1109

(L) "Post-release control sanction" and "transitional	1110
control" have the same meanings as in section 2967.01 of the	1111
Revised Code.	1112

(M) "Juvenile offender registrant" means a person who is	1113
adjudicated a delinquent child for committing on or after January	1114
1, 2002, a sexually oriented offense or a child-victim oriented	1115
offense, who is fourteen years of age or older at the time of	1116
committing the offense, and who a juvenile court judge, pursuant	1117
to an order issued under section 2152.82, 2152.83, 2152.84,	1118
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	1119
offender registrant and specifies has a duty to comply with	1120
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1121
Code. "Juvenile offender registrant" includes a person who prior	1122
to January 1, 2008, was a "juvenile offender registrant" under	1123
the definition of the term in existence prior to January 1, 2008,	1124
and a person who prior to July 31, 2003, was a "juvenile sex	1125
offender registrant" under the former definition of that former	1126
term.	1127

(N) "Public registry-qualified juvenile offender registrant"	1128
means a person who is adjudicated a delinquent child and on whom	1129
a juvenile court has imposed a serious youthful offender	1130
dispositional sentence under section 2152.13 of the Revised Code	1131
before, on, or after January 1, 2008, and to whom all of the	1132
following apply:	1133

(1) The person is adjudicated a delinquent child for	1134
committing, attempting to commit, conspiring to commit, or	1135
complicity in committing one of the following acts:	1136

(a) A violation of section 2907.02 of the Revised Code,	1137
division (B) of section 2907.05 of the Revised Code, or section	1138
2907.03 of the Revised Code if the victim of the violation was	1139
less than twelve years of age;	1140

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	1141
the Revised Code that was committed with a purpose to gratify the	1142
sexual needs or desires of the child;	1143

(c) A violation of division (B) of section 2903.03 of the	1144
Revised Code.	1145

(2) The person was fourteen, fifteen, sixteen, or seventeen	1146
years of age at the time of committing the act.	1147

(3) A juvenile court judge, pursuant to an order issued under	1148
section 2152.86 of the Revised Code, classifies the person a	1149
juvenile offender registrant, specifies the person has a duty to	1150
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1151
Code, and classifies the person a public registry-qualified	1152
juvenile offender registrant, and the classification of the person	1153
as a public registry-qualified juvenile offender registrant has	1154
not been terminated pursuant to division (D) of section 2152.86 of	1155
the Revised Code.	1156

(O) "Secure facility" means any facility that is designed and	1157
operated to ensure that all of its entrances and exits are locked	1158
and under the exclusive control of its staff and to ensure that,	1159
because of that exclusive control, no person who is	1160
institutionalized or confined in the facility may leave the	1161
facility without permission or supervision.	1162

(P) "Out-of-state juvenile offender registrant" means a	1163
person who is adjudicated a delinquent child in a court in another	1164
state, in a federal court, military court, or Indian tribal court,	1165
or in a court in any nation other than the United States for	1166
committing a sexually oriented offense or a child-victim oriented	1167
offense, who on or after January 1, 2002, moves to and resides in	1168
this state or temporarily is domiciled in this state for more than	1169
five days, and who has a duty under section 2950.04 or 2950.041	1170
of the Revised Code to register in this state and the duty to	1171
otherwise comply with that applicable section and sections	1172
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile	1173
offender registrant" includes a person who prior to January 1,	1174
2008, was an "out-of-state juvenile offender registrant" under	1175
the definition of the term in existence prior to January 1, 2008,	1176
and a person who prior to July 31, 2003, was an "out-of-state	1177
juvenile sex offender registrant" under the former definition of	1178
that former term.	1179

(Q) "Juvenile court judge" includes a magistrate to whom the	1180
juvenile court judge confers duties pursuant to division (A)(15)	1181
of section 2151.23 of the Revised Code.	1182

(R) "Adjudicated a delinquent child for committing a	1183
sexually oriented offense" includes a child who receives a serious	1184
youthful offender dispositional sentence under section 2152.13 of	1185
the Revised Code for committing a sexually oriented offense.	1186

(S) "School" and "school premises" have the same meanings as	1187
in section 2925.01 of the Revised Code.	1188

(T) "Residential premises" means the building in which a	1189
residential unit is located and the grounds upon which that	1190
building stands, extending to the perimeter of the property.	1191
"Residential premises" includes any type of structure in which a	1192
residential unit is located, including, but not limited to,	1193
multi-unit buildings and mobile and manufactured homes.	1194

(U) "Residential unit" means a dwelling unit for residential	1195
use and occupancy, and includes the structure or part of a	1196
structure that is used as a home, residence, or sleeping place by	1197
one person who maintains a household or two or more persons who	1198
maintain a common household. "Residential unit" does not include	1199
a halfway house or a community-based correctional facility.	1200

(V) "Multi-unit building" means a building in which is	1201
located more than twelve residential units that have entry doors	1202
that open directly into the unit from a hallway that is shared	1203
with one or more other units. A residential unit is not considered	1204
located in a multi-unit building if the unit does not have an	1205
entry door that opens directly into the unit from a hallway that	1206
is shared with one or more other units or if the unit is in a	1207
building that is not a multi-unit building as described in this	1208
division.	1209

(W) "Community control sanction" has the same meaning as in	1210
section 2929.01 of the Revised Code.	1211

(X) "Halfway house" and "community-based correctional	1212
facility" have the same meanings as in section 2929.01 of the	1213
Revised Code.	1214

Sec. 2967.03.  The adult parole authority may exercise its	1215
functions and duties in relation to the pardon, commutation of	1216
sentence, or reprieve of a convict upon direction of the governor	1217
or upon its own initiative. It may exercise its functions and	1218
duties in relation to the parole of a prisoner who is eligible for	1219
parole upon the initiative of the head of the institution in which	1220
the prisoner is confined or upon its own initiative. When a	1221
prisoner becomes eligible for parole, the head of the institution	1222
in which the prisoner is confined shall notify the authority in	1223
the manner prescribed by the authority. The authority may	1224
investigate and examine, or cause the investigation and	1225
examination of, prisoners confined in state correctional	1226
institutions concerning their conduct in the institutions, their	1227
mental and moral qualities and characteristics, their knowledge of	1228
a trade or profession, their former means of livelihood, their	1229
family relationships, and any other matters affecting their	1230
fitness to be at liberty without being a threat to society.	1231

The authority may recommend to the governor the pardon,	1232
commutation of sentence, or reprieve of any convict or prisoner or	1233
grant a parole to any prisoner for whom parole is authorized, if	1234
in its judgment there is reasonable ground to believe that	1235
granting a pardon, commutation, or reprieve to the convict or	1236
paroling the prisoner would further the interests of justice and	1237
be consistent with the welfare and security of society. However,	1238
the authority shall not recommend a pardon or commutation of	1239
sentence of, or grant a parole to, any convict or prisoner until	1240
the authority has complied with the applicable notice requirements	1241
of sections 2930.16 and 2967.12 of the Revised Code and until it	1242
has considered any statement made by a victim or a victim's	1243
representative that is relevant to the convict's or prisoner's	1244
case and that was sent to the authority pursuant to section	1245
2930.17 of the Revised Code, any other statement made by a victim	1246
or a victim's representative that is relevant to the convict's or	1247
prisoner's case and that was received by the authority after it	1248
provided notice of the pendency of the action under sections	1249
2930.16 and 2967.12 of the Revised Code, and any written statement	1250
of any person submitted to the court pursuant to division (H)(I)	1251
of section 2967.12 of the Revised Code. If a victim, victim's	1252
representative, or the victim's spouse, parent, sibling, or child	1253
appears at a full board hearing of the parole board and gives	1254
testimony as authorized by section 5149.101 of the Revised Code,	1255
the authority shall consider the testimony in determining whether	1256
to grant a parole. The trial judge and prosecuting attorney of the	1257
trial court in which a person was convicted shall furnish to the	1258
authority, at the request of the authority, a summarized statement	1259
of the facts proved at the trial and of all other facts having	1260
reference to the propriety of recommending a pardon or	1261
commutation, or granting a parole, together with a recommendation	1262
for or against a pardon, commutation, or parole, and the reasons	1263
for the recommendation. The trial judge, the prosecuting attorney,	1264
specified law enforcement agency members, and a representative of	1265
the prisoner may appear at a full board hearing of the parole	1266
board and give testimony in regard to the grant of a parole to the	1267
prisoner as authorized by section 5149.101 of the Revised Code.	1268
All state and local officials shall furnish information to the	1269
authority, when so requested by it in the performance of its	1270
duties.	1271

The adult parole authority shall exercise its functions and	1272
duties in relation to the release of prisoners who are serving a	1273
stated prison term in accordance with section 2967.28 of the	1274
Revised Code.	1275

Sec. 2967.12.  (A) Except as provided in division (G) of this	1276
section, at least three weekssixty days before the adult parole	1277
authority recommends any pardon or commutation of sentence, or	1278
grants any parole, the authority shall send a notice of the	1279
pendency of the pardon, commutation, or parole, setting forth the	1280
name of the person on whose behalf it is made, the offense of	1281
which the person was convicted or to which the person pleaded	1282
guilty, the time of conviction or the guilty plea, and the term	1283
of the person's sentence, to the prosecuting attorney and the	1284
judge of the court of common pleas of the county in which the	1285
indictment against the person was found. If there is more than	1286
one judge of that court of common pleas, the authority shall send	1287
the notice to the presiding judge. The department of	1288
rehabilitation and correction, at the same time that it provides	1289
the notice to the prosecuting attorney and judge under this	1290
division, also shall post on the database it maintains pursuant	1291
to section 5120.66 of the Revised Code the offender's name and	1292
all of the information specified in division (A)(1)(c)(iii) of	1293
that section.	1294

(B) If a request for notification has been made pursuant to	1295
section 2930.16 of the Revised Code or if division (H) of this	1296
section applies, the adult parole authority also shall give notice	1297
to the victim or the victim's representative prior to recommending	1298
any pardon or commutation of sentence for, or granting any parole	1299
to, the person. The authority shall provide the notice at the	1300
same time as the notice required by division (A) of this section	1301
and shall include in the notice the information required to be set	1302
forth in that notice. The notice also shall inform the victim or	1303
the victim's representative that the victim or representative may	1304
send a written statement relative to the victimization and the	1305
pending action to the adult parole authority and that, if the	1306
authority receives any written statement prior to recommending a	1307
pardon or commutation or granting a parole for a person, the	1308
authority will consider the statement before it recommends a	1309
pardon or commutation or grants a parole. If the person is being	1310
considered for parole, the notice shall inform the victim or the	1311
victim's representative that a full board hearing of the parole	1312
board may be held and that the victim or victim's representative	1313
may contact the office of victims' services for further	1314
information. If the person being considered for parole was	1315
convicted of or pleaded guilty to violating section 2903.01 or	1316
2903.02 of the Revised Code, the notice shall inform the victim	1317
of that offense, the victim's representative, or a member of the	1318
victim's immediate family that the victim, the victim's	1319
representative, and the victim's immediate family have the right	1320
to give testimony at a full board hearing of the parole board and	1321
that the victim or victim's representative may contact the office	1322
of victims' services for further information. As used in this	1323
division, "the victim's immediate family" means the mother,	1324
father, spouse, sibling, or child of the victim.	1325

(C) When notice of the pendency of any pardon, commutation of	1326
sentence, or parole has been given to a judge or prosecutor or	1327
posted on the database as provided in division (A) of this section	1328
and a hearing on the pardon, commutation, or parole is continued	1329
to a date certain, the authority shall provide notice of the	1330
further consideration of the pardon, commutation, or parole at	1331
least ten days before the further consideration. The notice of the	1332
further consideration shall be provided to the proper judge and	1333
prosecuting attorney by mail at least ten days before the further	1334
consideration, and, if the initial notice was posted on the	1335
database as provided in division (A) of this section, the notice	1336
of the further consideration shall be posted on the database at	1337
least ten days before the further consideration. When notice of	1338
the pendency of any pardon, commutation, or parole has been given	1339
as provided in division (B) of this section and the hearing on it	1340
is continued to a date certain, the authority shall give notice of	1341
the further consideration to the victim or the victim's	1342
representative in accordance with section 2930.03 of the Revised	1343
Code.	1344

(D) In case of an application for the pardon or commutation	1345
of sentence of a person sentenced to capital punishment, the	1346
governor may modify the requirements of notification and	1347
publication if there is not sufficient time for compliance with	1348
the requirements before the date fixed for the execution of	1349
sentence.	1350

(E) If an offender is serving a prison term imposed under	1351
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1352
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1353
Code and if the parole board terminates its control over the	1354
offender's service of that term pursuant to section 2971.04 of	1355
the Revised Code, the parole board immediately shall provide	1356
written notice of its termination of control or the transfer of	1357
control to the entities and persons specified in section 2971.04	1358
of the Revised Code.	1359

(F) The failure of the adult parole authority to comply with	1360
the notice or posting provisions of division (A), (B), or (C) of	1361
this section or the failure of the parole board to comply with the	1362
notice provisions of division (E) of this section do not give any	1363
rights or any grounds for appeal or post-conviction relief to the	1364
person serving the sentence.	1365

(G) Divisions (A), (B), and (C) of this section do not apply	1366
to any release of a person that is of the type described in	1367
division (B)(2)(b) of section 5120.031 of the Revised Code.	1368

(H) If a defendant is incarcerated for the commission of an	1369
offense of violence that is a felony of the first, second, or	1370
third degree, the notices described in divisions (A) and (B) of	1371
this section shall be given regardless of whether the victim	1372
requested notice. The adult parole authority shall give similar	1373
notice to the law enforcement agency that arrested the defendant	1374
and to any other person who requests notification. The authority	1375
shall attempt to identify a mailing address for the victim and	1376
send notice to that address. The authority may give notice to the	1377
law enforcement agency and to other persons who request notice by	1378
any reasonable means, including telephone and electronic mail.	1379
Division (H) of this section, and the notice-related provisions of	1380
divisions (D)(2) and (I) of section 2929.20, division (D)(1) of	1381
section 2930.16, division (A)(3)(b) of section 2967.26, division	1382
(D)(1) of section 2967.28, and division (A)(2) of section 5149.101	1383
of the Revised Code enacted in the act in which division (H) of	1384
this section was enacted, shall be known as "Roberta's Law."	1385

(I) In addition to and independent of the right of a victim	1386
to make a statement as described in division (A) of this section	1387
or pursuant to section 2930.17 of the Revised Code or to otherwise	1388
make a statement, the authority for a judge or prosecuting	1389
attorney to furnish statements and information, make	1390
recommendations, and give testimony as described in division (A)	1391
of this section, the right of a prosecuting attorney, judge, or	1392
victim to give testimony or submit a statement at a full parole	1393
board hearing pursuant to section 5149.101 of the Revised Code,	1394
and any other right or duty of a person to present information or	1395
make a statement, any person may send to the adult parole	1396
authority at any time prior to the authority's recommending a	1397
pardon or commutation or granting a parole for the offender a	1398
written statement relative to the offense and the pending action.	1399

Sec. 2967.121.  (A) Subject to division (C)(D) of this	1400
section, at least two weeks before any convict who is serving a	1401
sentence for committing a felony of the first, second, or third	1402
degree or who is serving a sentence of life imprisonment is	1403
released from confinement in any state correctional institution	1404
pursuant to a pardon, commutation of sentence, parole, or	1405
completed prison term, the adult parole authority shall send	1406
notice of the release to the prosecuting attorney of the county in	1407
which the indictment of the convict was found. The	1408

(B) The notice required by this division (A) of this section	1409
may be contained in a weekly list of all felons of the first,	1410
second, or third degree or who are serving a sentence of life	1411
imprisonment and who are scheduled for release. The notice	1412

(B) Subject to division (D) of this section, if a convict who	1413
is serving a sentence for committing a felony of the first,	1414
second, or third degree or who is serving a sentence of life	1415
imprisonment is released from confinement pursuant to a pardon,	1416
commutation of sentence, parole, or completed prison term, the	1417
adult parole authority shall send notice of the release to the	1418
prosecuting attorney of the county in which the indictment of the	1419
convict was filed. The notice required by this division shall be	1420
sent to the appropriate prosecuting attorney at the end of the	1421
month in which the convict is released and may be contained in a	1422
monthly list of all convicts who are released in that month and	1423
for whom this division requires a notice to be sent to that	1424
prosecuting attorney.	1425

(C) The notices required by divisions (A) and (B) of this	1426
section shall contain all of the following:	1427

(1) The name of the convict being released;

1428

(2) The date of the convict's release;

1429

(3) The offense for the violation of which the convict was	1430
convicted and incarcerated;	1431

(4) The date of the convict's conviction pursuant to which	1432
the convict was incarcerated;	1433

(5) The sentence imposed for that conviction;

1434

(6) The length of any supervision that the convict will be	1435
under;	1436

(7) The name, business address, and business phone number of	1437
the convict's supervising officer;	1438

(8) The address at which the convict will reside.

1439

(C)(D) Divisions (A) and, (B), and (C) of this section do not	1440
apply to the release from confinement of an offender if the	1441
offender is serving a prison term imposed under division (A)(3),	1442
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	1443
(b), (c), or (d) of section 2971.03 of the Revised Code, if the	1444
court pursuant to section 2971.05 of the Revised Code modifies	1445
the requirement that the offender serve that entire term in a	1446
state correctional institution, and if the release from	1447
confinement is pursuant to that modification. In a case of that	1448
type, the court that modifies the requirement promptly shall	1449
provide written notice of the modification and the order that	1450
modifies the requirement or revises the modification to the	1451
offender, the department of rehabilitation and correction, the	1452
prosecuting attorney, and any state agency or political	1453
subdivision that is affected by the order.	1454

Sec. 2967.26.  (A)(1) The department of rehabilitation and	1455
correction, by rule, may establish a transitional control program	1456
for the purpose of closely monitoring a prisoner's adjustment to	1457
community supervision during the final one hundred eighty days of	1458
the prisoner's confinement. If the department establishes a	1459
transitional control program under this division, the adult parole	1460
authority may transfer eligible prisoners to transitional control	1461
status under the program during the final one hundred eighty days	1462
of their confinement and under the terms and conditions	1463
established by the department, shall provide for the confinement	1464
as provided in this division of each eligible prisoner so	1465
transferred, and shall supervise each eligible prisoner so	1466
transferred in one or more community control sanctions. Each	1467
eligible prisoner who is transferred to transitional control	1468
status under the program shall be confined in a suitable facility	1469
that is licensed pursuant to division (C) of section 2967.14 of	1470
the Revised Code, or shall be confined in a residence the	1471
department has approved for this purpose and be monitored pursuant	1472
to an electronic monitoring device, as defined in section 2929.01	1473
of the Revised Code. If the department establishes a transitional	1474
control program under this division, the rules establishing the	1475
program shall include criteria that define which prisoners are	1476
eligible for the program, criteria that must be satisfied to be	1477
approved as a residence that may be used for confinement under the	1478
program of a prisoner that is transferred to it and procedures for	1479
the department to approve residences that satisfy those criteria,	1480
and provisions of the type described in division (C) of this	1481
section. At a minimum, the criteria that define which prisoners	1482
are eligible for the program shall provide all of the following:	1483

(a) That a prisoner is eligible for the program if the	1484
prisoner is serving a prison term or term of imprisonment for an	1485
offense committed prior to March 17, 1998, and if, at the time at	1486
which eligibility is being determined, the prisoner would have	1487
been eligible for a furlough under this section as it existed	1488
immediately prior to March 17, 1998, or would have been eligible	1489
for conditional release under former section 2967.23 of the	1490
Revised Code as that section existed immediately prior to March	1491
17, 1998;	1492

(b) That no prisoner who is serving a mandatory prison term	1493
is eligible for the program until after expiration of the	1494
mandatory term;	1495

(c) That no prisoner who is serving a prison term or term of	1496
life imprisonment without parole imposed pursuant to section	1497
2971.03 of the Revised Code is eligible for the program.	1498

(2) At least three weekssixty days prior to transferring to	1499
transitional control under this section a prisoner who is serving	1500
a term of imprisonment or prison term for an offense committed on	1501
or after July 1, 1996, the adult parole authority shall give	1502
notice of the pendency of the transfer to transitional control to	1503
the court of common pleas of the county in which the indictment	1504
against the prisoner was found and of the fact that the court may	1505
disapprove the transfer of the prisoner to transitional control	1506
and shall include a report prepared by the head of the state	1507
correctional institution in which the prisoner is confined. The	1508
head of the state correctional institution in which the prisoner	1509
is confined, upon the request of the adult parole authority, shall	1510
provide to the authority for inclusion in the notice sent to the	1511
court under this division a report on the prisoner's conduct in	1512
the institution and in any institution from which the prisoner may	1513
have been transferred. The report shall cover the prisoner's	1514
participation in school, vocational training, work, treatment, and	1515
other rehabilitative activities and any disciplinary action taken	1516
against the prisoner. If the court disapproves of the transfer of	1517
the prisoner to transitional control, the court shall notify the	1518
authority of the disapproval within thirty days after receipt of	1519
the notice. If the court timely disapproves the transfer of the	1520
prisoner to transitional control, the authority shall not proceed	1521
with the transfer. If the court does not timely disapprove the	1522
transfer of the prisoner to transitional control, the authority	1523
may transfer the prisoner to transitional control.	1524

(3)(a) If the victim of an offense for which a prisoner was	1525
sentenced to a prison term or term of imprisonment has requested	1526
notification under section 2930.16 of the Revised Code and has	1527
provided the department of rehabilitation and correction with the	1528
victim's name and address and if division (A)(3)(b) of this	1529
section applies, the adult parole authority, at least three weeks	1530
sixty days prior to transferring the prisoner to transitional	1531
control pursuant to this section, shall notify the victim of the	1532
pendency of the transfer and of the victim's right to submit a	1533
statement to the authority regarding the impact of the transfer of	1534
the prisoner to transitional control. If the victim subsequently	1535
submits a statement of that nature to the authority, the authority	1536
shall consider the statement in deciding whether to transfer the	1537
prisoner to transitional control.	1538

(b) If a prisoner is incarcerated for the commission of an	1539
offense of violence that is a felony of the first, second, or	1540
third degree, the notice described in division (A)(3)(a) of this	1541
section shall be given regardless of whether the victim requested	1542
notice. The authority shall send the notice by ordinary mail to an	1543
address previously provided by the victim. If the victim has not	1544
provided an address, the authority shall attempt to identify a	1545
mailing address for the victim and send notice to that address.	1546
Division (A)(3)(b) of this section, and the notice-related	1547
provisions of divisions (D)(2) and (I) of section 2929.20,	1548
division (D)(1) of section 2930.16, division (H) of section	1549
2967.12, division (D)(1) of section 2967.28, and division (A)(2)	1550
of section 5149.101 of the Revised Code enacted in the act in	1551
which division (A)(3)(b) of this section was enacted, shall be	1552
known as "Roberta's Law."	1553

(4) The department of rehabilitation and correction, at least	1554
three weekssixty days prior to a hearing to transfer the prisoner	1555
to transitional control pursuant to this section, shall post on	1556
the database it maintains pursuant to section 5120.66 of the	1557
Revised Code the prisoner's name and all of the information	1558
specified in division (A)(1)(c)(iv) of that section. In addition	1559
to and independent of the right of a victim to submit a statement	1560
as described in division (A)(3) of this section or to otherwise	1561
make a statement and in addition to and independent of any other	1562
right or duty of a person to present information or make a	1563
statement, any person may send to the adult parole authority at	1564
any time prior to the authority's transfer of the prisoner to	1565
transitional control a written statement regarding the transfer of	1566
the prisoner to transitional control. In addition to the	1567
information, reports, and statements it considers under divisions	1568
(A)(2) and (3) of this section or that it otherwise considers, the	1569
authority shall consider each statement submitted in accordance	1570
with this division in deciding whether to transfer the prisoner to	1571
transitional control.	1572

(B) Each prisoner transferred to transitional control under	1573
this section shall be confined in the manner described in division	1574
(A) of this section during any period of time that the prisoner is	1575
not actually working at the prisoner's approved employment,	1576
engaged in a vocational training or another educational program,	1577
engaged in another program designated by the director, or engaged	1578
in other activities approved by the department.	1579

(C) The department of rehabilitation and correction shall	1580
adopt rules for transferring eligible prisoners to transitional	1581
control, supervising and confining prisoners so transferred,	1582
administering the transitional control program in accordance with	1583
this section, and using the moneys deposited into the transitional	1584
control fund established under division (E) of this section.	1585

(D) The department of rehabilitation and correction may adopt	1586
rules for the issuance of passes for the limited purposes	1587
described in this division to prisoners who are transferred to	1588
transitional control under this section. If the department adopts	1589
rules of that nature, the rules shall govern the granting of the	1590
passes and shall provide for the supervision of prisoners who are	1591
temporarily released pursuant to one of those passes. Upon the	1592
adoption of rules under this division, the department may issue	1593
passes to prisoners who are transferred to transitional control	1594
status under this section in accordance with the rules and the	1595
provisions of this division. All passes issued under this division	1596
shall be for a maximum of forty-eight hours and may be issued only	1597
for the following purposes:	1598

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

1599

(2) To have a private viewing of the body of a deceased	1600
relative;	1601

(3) To visit with family;

1602

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

1603

(E) The adult parole authority may require a prisoner who is	1604
transferred to transitional control to pay to the division of	1605
parole and community services the reasonable expenses incurred by	1606
the division in supervising or confining the prisoner while under	1607
transitional control. Inability to pay those reasonable expenses	1608
shall not be grounds for refusing to transfer an otherwise	1609
eligible prisoner to transitional control. Amounts received by the	1610
division of parole and community services under this division	1611
shall be deposited into the transitional control fund, which is	1612
hereby created in the state treasury and which hereby replaces and	1613
succeeds the furlough services fund that formerly existed in the	1614
state treasury. All moneys that remain in the furlough services	1615
fund on March 17, 1998, shall be transferred on that date to the	1616
transitional control fund. The transitional control fund shall be	1617
used solely to pay costs related to the operation of the	1618
transitional control program established under this section. The	1619
director of rehabilitation and correction shall adopt rules in	1620
accordance with section 111.15 of the Revised Code for the use of	1621
the fund.	1622

(F) A prisoner who violates any rule established by the	1623
department of rehabilitation and correction under division (A),	1624
(C), or (D) of this section may be transferred to a state	1625
correctional institution pursuant to rules adopted under division	1626
(A), (C), or (D) of this section, but the prisoner shall receive	1627
credit towards completing the prisoner's sentence for the time	1628
spent under transitional control.	1629

If a prisoner is transferred to transitional control under	1630
this section, upon successful completion of the period of	1631
transitional control, the prisoner may be released on parole or	1632
under post-release control pursuant to section 2967.13 or 2967.28	1633
of the Revised Code and rules adopted by the department of	1634
rehabilitation and correction. If the prisoner is released under	1635
post-release control, the duration of the post-release control,	1636
the type of post-release control sanctions that may be imposed,	1637
the enforcement of the sanctions, and the treatment of prisoners	1638
who violate any sanction applicable to the prisoner are governed	1639
by section 2967.28 of the Revised Code.	1640

Sec. 2967.28.  (A) As used in this section:

1641

(1) "Monitored time" means the monitored time sanction	1642
specified in section 2929.17 of the Revised Code.	1643

(2) "Deadly weapon" and "dangerous ordnance" have the same	1644
meanings as in section 2923.11 of the Revised Code.	1645

(3) "Felony sex offense" means a violation of a section	1646
contained in Chapter 2907. of the Revised Code that is a felony.	1647

(B) Each sentence to a prison term for an offense that is a	1648
felony of the first degree, for a felony of the second degree, for	1649
a felony sex offense, or for a felony of the third degree that is	1650
not a felony sex offense and that is either an offense of violence	1651
or an offense in the commission of which the offender caused or	1652
threatened to cause physical harm to a person shall include a	1653
requirement that the offender be subject to a period of	1654
post-release control imposed by the parole board after the	1655
offender's release from imprisonment. If a court imposes a	1656
sentence including a prison term of a type described in this	1657
division on or after the effective date of this amendmentJuly 11,	1658
2006, the failure of a sentencing court to notify the offender	1659
pursuant to division (B)(3)(c) of section 2929.19 of the Revised	1660
Code of this requirement or to include in the judgment of	1661
conviction entered on the journal a statement that the offender's	1662
sentence includes this requirement does not negate, limit, or	1663
otherwise affect the mandatory period of supervision that is	1664
required for the offender under this division. Section 2929.191 of	1665
the Revised Code applies if, prior to the effective date of this	1666
amendmentJuly 11, 2006, a court imposed a sentence including a	1667
prison term of a type described in this division and failed to	1668
notify the offender pursuant to division (B)(3)(c) of section	1669
2929.19 of the Revised Code regarding post-release control or to	1670
include in the judgment of conviction entered on the journal or in	1671
the sentence pursuant to division (F)(1) of section 2929.14 of the	1672
Revised Code a statement regarding post-release control. Unless	1673
reduced by the parole board pursuant to division (D) of this	1674
section when authorized under that division, a period of	1675
post-release control required by this division for an offender	1676
shall be of one of the following periods:	1677

(1) For a felony of the first degree or for, a felony sex	1678
offense, or an offense of violence that is a felony of the first,	1679
second, or third degree, five years;	1680

(2) For a felony of the second degree that is not a felony	1681
sex offense or an offense of violence, three years;	1682

(3) For a felony of the third degree that is not a felony sex	1683
offense or an offense of violence and in the commission of which	1684
the offender caused or threatened physical harm to a person, three	1685
years.	1686

(C) Any sentence to a prison term for a felony of the third,	1687
fourth, or fifth degree that is not subject to division (B)(1) or	1688
(3) of this section shall include a requirement that the offender	1689
be subject to a period of post-release control of up to three	1690
years after the offender's release from imprisonment, if the	1691
parole board, in accordance with division (D) of this section,	1692
determines that a period of post-release control is necessary for	1693
that offender. Section 2929.191 of the Revised Code applies if,	1694
prior to the effective date of this amendmentJuly 11, 2006, a	1695
court imposed a sentence including a prison term of a type	1696
described in this division and failed to notify the offender	1697
pursuant to division (B)(3)(d) of section 2929.19 of the Revised	1698
Code regarding post-release control or to include in the judgment	1699
of conviction entered on the journal or in the sentence pursuant	1700
to division (F)(2) of section 2929.14 of the Revised Code a	1701
statement regarding post-release control.	1702

(D)(1) Before the prisoner is released from imprisonment, the	1703
parole board shall impose upon a prisoner described in division	1704
(B) of this section, may impose upon a prisoner described in	1705
division (C) of this section, and shall impose upon a prisoner	1706
described in division (B)(2)(b) of section 5120.031 or in division	1707
(B)(1) of section 5120.032 of the Revised Code, one or more	1708
post-release control sanctions to apply during the prisoner's	1709
period of post-release control. Whenever the board imposes one or	1710
more post-release control sanctions upon a prisoner, the board, in	1711
addition to imposing the sanctions, also shall include as a	1712
condition of the post-release control that the individual or felon	1713
not leave the state without permission of the court or the	1714
individual's or felon's parole or probation officer and that the	1715
individual or felon abide by the law. The board may impose any	1716
other conditions of release under a post-release control sanction	1717
that the board considers appropriate, and the conditions of	1718
release may include any community residential sanction, community	1719
nonresidential sanction, or financial sanction that the sentencing	1720
court was authorized to impose pursuant to sections 2929.16,	1721
2929.17, and 2929.18 of the Revised Code. Prior to the release of	1722
a prisoner for whom it will impose one or more post-release	1723
control sanctions under this division, the parole board shall	1724
review the prisoner's criminal history, all juvenile court	1725
adjudications finding the prisoner, while a juvenile, to be a	1726
delinquent child, and the record of the prisoner's conduct while	1727
imprisoned. The parole board shall consider any recommendation	1728
regarding post-release control sanctions for the prisoner made by	1729
the office of victims' services. After considering those	1730
materials, the board shall determine, for a prisoner described in	1731
division (B) of this section, division (B)(2)(b) of section	1732
5120.031, or division (B)(1) of section 5120.032 of the Revised	1733
Code, which post-release control sanction or combination of	1734
post-release control sanctions is reasonable under the	1735
circumstances or, for a prisoner described in division (C) of this	1736
section, whether a post-release control sanction is necessary and,	1737
if so, which post-release control sanction or combination of	1738
post-release control sanctions is reasonable under the	1739
circumstances. In the case of a prisoner convicted of a felony of	1740
the fourth or fifth degree other than a felony sex offense, the	1741
board shall presume that monitored time is the appropriate	1742
post-release control sanction unless the board determines that a	1743
more restrictive sanction is warranted. A post-release control	1744
sanction imposed under this division takes effect upon the	1745
prisoner's release from imprisonment.	1746

Regardless of whether the prisoner was sentenced to the	1747
prison term prior to, on, or after the effective date of this	1748
amendmentJuly 11, 2006, prior to the release of a prisoner for	1749
whom it will impose one or more post-release control sanctions	1750
under this division, the parole board shall notify the prisoner	1751
that, if the prisoner violates any sanction so imposed or any	1752
condition of post-release control described in division (B) of	1753
section 2967.131 of the Revised Code that is imposed on the	1754
prisoner, the parole board may impose a prison term of up to	1755
one-half of the stated prison term originally imposed upon the	1756
prisoner.	1757

At least thirty days before the prisoner is released from	1758
imprisonment, the department of rehabilitation and correction	1759
shall send notice by ordinary mail to the victim, the victim's	1760
family, the prosecuting attorney in the case, the law enforcement	1761
agency that arrested the prisoner, and any other person who	1762
requests notification of the date on which the prisoner will be	1763
released, the period for which the prisoner will be under parole	1764
or post-release control supervision, and the terms and conditions	1765
of the prisoner's parole or post-release control. This paragraph,	1766
and the notice-related provisions of divisions (D)(2) and (I) of	1767
section 2929.20, division (D)(1) of section 2930.16, division (H)	1768
of section 2967.12, division (A)(3)(b) of section 2967.26, and	1769
division (A)(2) of section 5149.101 of the Revised Code enacted in	1770
the act in which this paragraph was enacted, shall be known as	1771
"Roberta's Law."	1772

(2) At any time after a prisoner is released from	1773
imprisonment and during the period of post-release control	1774
applicable to the releasee, the adult parole authority may review	1775
the releasee's behavior under the post-release control sanctions	1776
imposed upon the releasee under this section. The authority may	1777
determine, based upon the review and in accordance with the	1778
standards established under division (E) of this section, that a	1779
more restrictive or a less restrictive sanction is appropriate and	1780
may impose a different sanction. Unless the period of post-release	1781
control was imposed for an offense described in division (B)(1) of	1782
this section, the authority also may recommend that the parole	1783
board reduce the duration of the period of post-release control	1784
imposed by the court. If the authority recommends that the board	1785
reduce the duration of control for an offense described in	1786
division (B)(2), (B)(3), or (C) of this section, the board shall	1787
review the releasee's behavior and may reduce the duration of the	1788
period of control imposed by the court. In no case shall the board	1789
reduce the duration of the period of control imposed by the court	1790
for an offense described in division (B)(1) of this section, and	1791
in no case shall the board permit the releasee to leave the state	1792
without permission of the court or the releasee's parole or	1793
probation officer.	1794

(E) The department of rehabilitation and correction, in	1795
accordance with Chapter 119. of the Revised Code, shall adopt	1796
rules that do all of the following:	1797

(1) Establish standards for the imposition by the parole	1798
board of post-release control sanctions under this section that	1799
are consistent with the overriding purposes and sentencing	1800
principles set forth in section 2929.11 of the Revised Code and	1801
that are appropriate to the needs of releasees;	1802

(2) Establish standards by which the parole board can	1803
determine which prisoners described in division (C) of this	1804
section should be placed under a period of post-release control;	1805

(3) Establish standards to be used by the parole board in	1806
reducing the duration of the period of post-release control	1807
imposed by the court when authorized under division (D) of this	1808
section, in imposing a more restrictive post-release control	1809
sanction than monitored time upon a prisoner convicted of a felony	1810
of the fourth or fifth degree other than a felony sex offense, or	1811
in imposing a less restrictive control sanction upon a releasee	1812
based on the releasee's activities including, but not limited to,	1813
remaining free from criminal activity and from the abuse of	1814
alcohol or other drugs, successfully participating in approved	1815
rehabilitation programs, maintaining employment, and paying	1816
restitution to the victim or meeting the terms of other financial	1817
sanctions;	1818

(4) Establish standards to be used by the adult parole	1819
authority in modifying a releasee's post-release control sanctions	1820
pursuant to division (D)(2) of this section;	1821

(5) Establish standards to be used by the adult parole	1822
authority or parole board in imposing further sanctions under	1823
division (F) of this section on releasees who violate post-release	1824
control sanctions, including standards that do the following:	1825

(a) Classify violations according to the degree of	1826
seriousness;	1827

(b) Define the circumstances under which formal action by the	1828
parole board is warranted;	1829

(c) Govern the use of evidence at violation hearings;

1830

(d) Ensure procedural due process to an alleged violator;

1831

(e) Prescribe nonresidential community control sanctions for	1832
most misdemeanor and technical violations;	1833

(f) Provide procedures for the return of a releasee to	1834
imprisonment for violations of post-release control.	1835

(F)(1) Whenever the parole board imposes one or more	1836
post-release control sanctions upon an offender under this	1837
section, the offender upon release from imprisonment shall be	1838
under the general jurisdiction of the adult parole authority and	1839
generally shall be supervised by the field services section	1840
through its staff of parole and field officers as described in	1841
section 5149.04 of the Revised Code, as if the offender had been	1842
placed on parole. If the offender upon release from imprisonment	1843
violates the post-release control sanction or any conditions	1844
described in division (A) of section 2967.131 of the Revised Code	1845
that are imposed on the offender, the public or private person or	1846
entity that operates or administers the sanction or the program or	1847
activity that comprises the sanction shall report the violation	1848
directly to the adult parole authority or to the officer of the	1849
authority who supervises the offender. The authority's officers	1850
may treat the offender as if the offender were on parole and in	1851
violation of the parole, and otherwise shall comply with this	1852
section.	1853

(2) If the adult parole authority determines that a releasee	1854
has violated a post-release control sanction or any conditions	1855
described in division (A) of section 2967.131 of the Revised Code	1856
imposed upon the releasee and that a more restrictive sanction is	1857
appropriate, the authority may impose a more restrictive sanction	1858
upon the releasee, in accordance with the standards established	1859
under division (E) of this section, or may report the violation to	1860
the parole board for a hearing pursuant to division (F)(3) of this	1861
section. The authority may not, pursuant to this division,	1862
increase the duration of the releasee's post-release control or	1863
impose as a post-release control sanction a residential sanction	1864
that includes a prison term, but the authority may impose on the	1865
releasee any other residential sanction, nonresidential sanction,	1866
or financial sanction that the sentencing court was authorized to	1867
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	1868
Revised Code.	1869

(3) The parole board may hold a hearing on any alleged	1870
violation by a releasee of a post-release control sanction or any	1871
conditions described in division (A) of section 2967.131 of the	1872
Revised Code that are imposed upon the releasee. If after the	1873
hearing the board finds that the releasee violated the sanction or	1874
condition, the board may increase the duration of the releasee's	1875
post-release control up to the maximum duration authorized by	1876
division (B) or (C) of this section or impose a more restrictive	1877
post-release control sanction. When appropriate, the board may	1878
impose as a post-release control sanction a residential sanction	1879
that includes a prison term. The board shall consider a prison	1880
term as a post-release control sanction imposed for a violation of	1881
post-release control when the violation involves a deadly weapon	1882
or dangerous ordnance, physical harm or attempted serious physical	1883
harm to a person, or sexual misconduct, or when the releasee	1884
committed repeated violations of post-release control sanctions.	1885
The period of a prison term that is imposed as a post-release	1886
control sanction under this division shall not exceed nine months,	1887
and the maximum cumulative prison term for all violations under	1888
this division shall not exceed one-half of the stated prison term	1889
originally imposed upon the offender as part of this sentence. The	1890
period of a prison term that is imposed as a post-release control	1891
sanction under this division shall not count as, or be credited	1892
toward, the remaining period of post-release control.	1893

If an offender is imprisoned for a felony committed while	1894
under post-release control supervision and is again released on	1895
post-release control for a period of time determined by division	1896
(F)(4)(d) of this section, the maximum cumulative prison term for	1897
all violations under this division shall not exceed one-half of	1898
the total stated prison terms of the earlier felony, reduced by	1899
any prison term administratively imposed by the parole board, plus	1900
one-half of the total stated prison term of the new felony.	1901

(4) Any period of post-release control shall commence upon an	1902
offender's actual release from prison. If an offender is serving	1903
an indefinite prison term or a life sentence in addition to a	1904
stated prison term, the offender shall serve the period of	1905
post-release control in the following manner:	1906

(a) If a period of post-release control is imposed upon the	1907
offender and if the offender also is subject to a period of parole	1908
under a life sentence or an indefinite sentence, and if the period	1909
of post-release control ends prior to the period of parole, the	1910
offender shall be supervised on parole. The offender shall receive	1911
credit for post-release control supervision during the period of	1912
parole. The offender is not eligible for final release under	1913
section 2967.16 of the Revised Code until the post-release control	1914
period otherwise would have ended.	1915

(b) If a period of post-release control is imposed upon the	1916
offender and if the offender also is subject to a period of parole	1917
under an indefinite sentence, and if the period of parole ends	1918
prior to the period of post-release control, the offender shall be	1919
supervised on post-release control. The requirements of parole	1920
supervision shall be satisfied during the post-release control	1921
period.	1922

(c) If an offender is subject to more than one period of	1923
post-release control, the period of post-release control for all	1924
of the sentences shall be the period of post-release control that	1925
expires last, as determined by the parole board. Periods of	1926
post-release control shall be served concurrently and shall not be	1927
imposed consecutively to each other.	1928

(d) The period of post-release control for a releasee who	1929
commits a felony while under post-release control for an earlier	1930
felony shall be the longer of the period of post-release control	1931
specified for the new felony under division (B) or (C) of this	1932
section or the time remaining under the period of post-release	1933
control imposed for the earlier felony as determined by the parole	1934
board.	1935

Sec. 5120.66.  (A) Within ninety days after November 23,	1936
2005, but not before January 1, 2006, the department of	1937
rehabilitation and correction shall establish and operate on the	1938
internet a database that contains all of the following:	1939

(1) For each inmate in the custody of the department under a	1940
sentence imposed for a conviction of or plea of guilty to any	1941
offense, all of the following information:	1942

(a) The inmate's name;

1943

(b) For each offense for which the inmate was sentenced to a	1944
prison term or term of imprisonment and is in the department's	1945
custody, the name of the offense, the Revised Code section of	1946
which the offense is a violation, the gender of each victim of the	1947
offense if those facts are known, whether each victim of the	1948
offense was an adult or child if those facts are known, the range	1949
of the possible prison terms or term of imprisonment that could	1950
have been imposed for the offense, the actual prison term or term	1951
of imprisonment imposed for the offense, the county in which the	1952
offense was committed, the date on which the inmate began serving	1953
the prison term or term of imprisonment imposed for the offense,	1954
and either the date on which the inmate will be eligible for	1955
parole relative to the offense if the prison term or term of	1956
imprisonment is an indefinite term or life term or the date on	1957
which the term ends if the prison term is a definite term;	1958

(c) All of the following information that is applicable	1959
regarding the inmate:	1960

(i) If known to the department prior to the conduct of any	1961
hearing for judicial release of the defendant pursuant to section	1962
2929.20 of the Revised Code in relation to any prison term or term	1963
of imprisonment the inmate is serving for any offense, notice of	1964
the fact that the inmate will be having a hearing regarding a	1965
possible grant of judicial release, the date of the hearing, and	1966
the right of any person pursuant to division (J) of that section	1967
to submit to the court a written statement regarding the possible	1968
judicial release;	1969

(ii) If the inmate is serving a prison term pursuant to	1970
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1971
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1972
Code, prior to the conduct of any hearing pursuant to section	1973
2971.05 of the Revised Code to determine whether to modify the	1974
requirement that the inmate serve the entire prison term in a	1975
state correctional facility in accordance with division (C) of	1976
that section, whether to continue, revise, or revoke any existing	1977
modification of that requirement, or whether to terminate the	1978
prison term in accordance with division (D) of that section,	1979
notice of the fact that the inmate will be having a hearing	1980
regarding those determinations and of the date of the hearing;	1981

(iii) At least three weekssixty days before the adult parole	1982
authority recommends a pardon or commutation of sentence for the	1983
inmate or at least three weekssixty days prior to a hearing	1984
before the adult parole authority regarding a grant of parole to	1985
the inmate in relation to any prison term or term of imprisonment	1986
the inmate is serving for any offense, notice of the fact that	1987
the inmate might be under consideration for a pardon or	1988
commutation of sentence or will be having a hearing regarding a	1989
possible grant of parole, of the date of any hearing regarding a	1990
possible grant of parole, and of the right of any person to	1991
submit a written statement regarding the pending action;	1992

(iv) At least three weekssixty days before the inmate has a	1993
hearing regarding a transfer to transitional control under	1994
section 2967.26 of the Revised Code in relation to any prison	1995
term or term of imprisonment the inmate is serving for any	1996
offense, notice of the pendency of the transfer, of the date of	1997
the possible transfer, and of the right of any person to submit a	1998
statement regarding the possible transfer;	1999

(v) Prompt notice of the inmate's escape from any facility in	2000
which the inmate was incarcerated and of the capture of the inmate	2001
after an escape;	2002

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

2003

(vii) Prior to the release of the inmate from confinement,	2004
notice of the fact that the inmate will be released, of the date	2005
of the release, and, if applicable, of the standard terms and	2006
conditions of the release;	2007

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

2008

(2) Information as to where a person can send written	2009
statements of the types referred to in divisions (A)(1)(c)(i),	2010
(iii), and (iv) of this section.	2011

(B)(1) The department shall update the database required	2012
under division (A) of this section every twenty-four hours to	2013
ensure that the information it contains is accurate and current.	2014

(2) The database required under division (A) of this section	2015
is a public record open for inspection under section 149.43 of the	2016
Revised Code. The department shall make the database searchable by	2017
inmate name and by the county and zip code where the offender	2018
intends to reside after release from a state correctional	2019
institution if this information is known to the department.	2020

(3) The database required under division (A) of this section	2021
may contain information regarding inmates who are listed in the	2022
database in addition to the information described in that	2023
division.	2024

(4) No information included on the database required under	2025
division (A) of this section shall identify or enable the	2026
identification of any victim of any offense committed by an	2027
inmate.	2028

(C) For ten years after the final discharge of an inmate who	2029
was imprisoned for the commission of an offense of violence that	2030
is a felony of the first, second, or third degree, the department	2031
shall keep on the database required under division (A) of this	2032
section all the information that it is required to include on the	2033
database relative to the inmate.	2034

(D) The failure of the department to comply with the	2035
requirements of division (A) or (B) of this section does not give	2036
any rights or any grounds for appeal or post-conviction relief to	2037
any inmate.	2038

(D)(E) This section, and the related provisions of sections	2039
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	2040
in the act in which this section was enacted, shall be known as	2041
"Laura's Law."	2042

Sec. 5149.07.  The department of rehabilitation and	2043
correction shall maintain central files and records pertaining to	2044
the work of the adult parole authority, and shall coordinate the	2045
department's record-keeping with that of the adult parole	2046
authority. Additionally, the department shall not later than the	2047
first Monday of January of odd-numbered years prepare and submit	2048
to the governor for histhe governor's approval and signature a	2049
written report showing each case of pardon, commutation, or	2050
reprieve granted during the preceding biennium, stating the name	2051
and crime of the convict or prisoner, the sentence, its date, and	2052
the date of the clemency action, together with the reasons listed	2053
therefor in the governor's clemency record. The report shall	2054
conform to the requirements of Section 11 of Article III, Ohio	2055
Constitution.	2056

The department shall conduct research relative to the	2057
functioning of clemency, probation, and parole as part of the	2058
adult corrections program in this state, which research shall be	2059
designed to yield information upon which the division of parole	2060
and community services, the department of rehabilitation and	2061
correction, the governor, and the general assembly can base policy	2062
decisions.	2063

At the end of each quarter, the department shall submit to	2064
the chairpersons of the committees of the senate and the house of	2065
representatives that consider criminal justice legislation a	2066
report on the number and results of parole hearings conducted	2067
during the quarter and a list of persons incarcerated for	2068
committing offenses of violence who were granted parole and a	2069
summary of the terms and conditions of their parole. The	2070
department shall provide the committees with any documentation	2071
related to the reports that members of the committees may request.	2072

Upon request, the department shall provide a detailed	2073
statement, supported by documentation, of the reasons why a	2074
particular prisoner was granted parole to the law enforcement	2075
agency that arrested the prisoner, the prosecuting attorney who	2076
prosecuted the case, or any person who is a member of the general	2077
assembly at the time the person makes the request.	2078

Sec. 5149.10.  (A) The parole board shall consist of up to	2079
twelve members, one of whom shall be designated as chairperson by	2080
the director of the department of rehabilitation and correction	2081
and who shall continue as chairperson until a successor is	2082
designated, and any other personnel that are necessary for the	2083
orderly performance of the duties of the board. In addition to the	2084
rules authorized by section 5149.02 of the Revised Code, the chief	2085
of the adult parole authority, subject to the approval of the	2086
chief of the division of parole and community services and subject	2087
to this section, shall adopt rules governing the proceedings of	2088
the parole board. The rules shall provide for the convening of	2089
full board hearings, the procedures to be followed in full board	2090
hearings, and general procedures to be followed in other hearings	2091
of the board and by the board's hearing officers. The rules shall	2092
prohibit the board from considering sentences in effect on and	2093
after July 1, 1996, in making determinations relative to the	2094
release of an inmate who is imprisoned for an offense committed	2095
before July 1, 1996. The rules also shall require agreement by a	2096
majority of all the board members to any recommendation of	2097
clemency transmitted to the governor.	2098

When the board members sit as a full board, the chairperson	2099
shall preside. The chairperson shall also allocate the work of the	2100
parole board among the board members. The full board shall meet at	2101
least once each month. In the case of a tie vote on the full	2102
board, the chief of the adult parole authority shall cast the	2103
deciding vote. The chairperson may designate a person to serve in	2104
the chairperson's place.	2105

Except as otherwise provided in division (B) of this section,	2106
no person shall be appointed a member of the board who is not	2107
qualified by education or experience in correctional work,	2108
including law enforcement, prosecution of offenses, advocating for	2109
the rights of victims of crime, probation, or parole, in law, in	2110
social work, or in a combination of the three categories.	2111

(B) The director of rehabilitation and correction, in	2112
consultation with the governor, shall appoint one member of the	2113
board, who shall be a person who has been a victim of crime or who	2114
is a member of a victim's family or who represents an organization	2115
that advocates for the rights of victims of crime. After	2116
appointment, this member shall be an unclassified employee of the	2117
department of rehabilitation and correction.	2118

The initial appointment shall be for a term ending four years	2119
after July 1, 1996. Thereafter, the term of office of the member	2120
appointed under this division shall be for four years, with each	2121
term ending on the same day of the same month as did the term	2122
that it succeeds. The member shall hold office from the date of	2123
appointment until the end of the term for which the member was	2124
appointed and may be reappointed. Vacancies shall be filled in	2125
the manner provided for original appointments. Any member	2126
appointed under this division to fill a vacancy occurring prior	2127
to the expiration date of the term for which the member's	2128
predecessor was appointed shall hold office as a member for the	2129
remainder of that term. The member appointed under this division	2130
shall continue in office subsequent to the expiration date of the	2131
member's term until the member's successor takes office or until	2132
a period of sixty days has elapsed, whichever occurs first.	2133

The member appointed under this division shall be compensated	2134
in the same manner as other board members and shall be reimbursed	2135
for actual and necessary expenses incurred in the performance of	2136
the members'member's duties. The member may vote on all cases	2137
heard by the full board under section 5149.101 of the Revised	2138
Code, has such duties as are assigned by the chairperson of the	2139
board, and shall coordinate the member's activities with the	2140
office of victims' services created under section 5120.60 of the	2141
Revised Code.	2142

As used in this division, "crime," "member of the victim's	2143
family," and "victim" have the meanings given in section 2930.01	2144
of the Revised Code.	2145

(C) The chairperson shall submit all recommendations for or	2146
against clemency directly to the governor.	2147

(D) The chairperson shall transmit to the chief of the adult	2148
parole authority all determinations for or against parole made by	2149
the board. Parole determinations are final and are not subject to	2150
review or change by the chief.	2151

(E) In addition to its duties pertaining to parole and	2152
clemency, if an offender is sentenced to a prison term pursuant to	2153
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	2154
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2155
Code, the parole board shall have control over the offender's	2156
service of the prison term during the entire term unless the board	2157
terminates its control in accordance with section 2971.04 of the	2158
Revised Code. The parole board may terminate its control over the	2159
offender's service of the prison term only in accordance with	2160
section 2971.04 of the Revised Code.	2161

Sec. 5149.101.  (A)(1) A board hearing officer, a board	2162
member, or the office of victims' services may petition the board	2163
for a full board hearing that relates to the proposed parole or	2164
re-parole of a prisoner. At a meeting of the board at which a	2165
majority of board members are present, the majority of those	2166
present shall determine whether a full board hearing shall be	2167
held.	2168

(2) A victim of a violation of section 2903.01 or 2903.02 of	2169
the Revised Codean offense of violence that is a felony of the	2170
first, second, or third degree, the victim's representative, or	2171
any person described in division (B)(5) of this section may	2172
request the board hold a full board hearing that relates to the	2173
proposed parole or re-parole of the person that committed the	2174
violation. If a victim, victim's representative, or other person	2175
requests a full board hearing pursuant to this division, the board	2176
shall hold a full board hearing.	2177

At least thirty days before the full hearing, the board	2178
shall send notice of the date, time, and place of the hearing by	2179
ordinary mail to the victim, the victim's family, the prosecuting	2180
attorney in the case, and the law enforcement agency that	2181
arrested the prisoner. The authority shall send the notice to the	2182
victim and the victim's family to addresses previously provided	2183
by them. If the victim or victim's family has not provided an	2184
address, the authority shall attempt to identify a mailing	2185
address for the victim or victim's family and send notice to that	2186
address. This paragraph, and the notice-related provisions of	2187
divisions (D)(2) and (I) of section 2929.20, division (D)(1) of	2188
section 2930.16, division (H) of section 2967.12, division	2189
(A)(3)(b) of section 2967.26, and division (D)(1) of section	2190
2967.28 of the Revised Code enacted in the act in which this	2191
paragraph was enacted, shall be known as "Roberta's Law."	2192

(B) At a full board hearing that relates to the proposed	2193
parole or re-parole of a prisoner and that has been petitioned for	2194
or requested in accordance with division (A) of this section, the	2195
parole board shall permit the following persons to appear and to	2196
give testimony or to submit written statements:	2197

(1) The prosecuting attorney of the county in which the	2198
original indictment against the prisoner was found and members of	2199
any law enforcement agency that assisted in the prosecution of the	2200
original offense;	2201

(2) The judge of the court of common pleas who imposed the	2202
original sentence of incarceration upon the prisoner, or the	2203
judge's successor;	2204

(3) The victim of the original offense for which the prisoner	2205
is serving the sentence or the victim's representative designated	2206
pursuant to section 2930.02 of the Revised Code:;	2207

(4) The victim of any behavior that resulted in parole being	2208
revoked;	2209

(5) With respect to a full board hearing held pursuant to	2210
division (A)(2) of this section, all of the following:	2211

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

2212

(b) The parent or parents of the victim of the original	2213
offense;	2214

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

2215

(d) The child or children of the victim of the original	2216
offense.	2217

(6) Counsel or some other person designated by the prisoner	2218
as a representative, as described in division (C) of this section.	2219

(C) Except as otherwise provided in this division, a full	2220
board hearing of the parole board is not subject to section 121.22	2221
of the Revised Code. The persons who may attend a full board	2222
hearing are the persons described in divisions (B)(1) to (6) of	2223
this section, and representatives of the press, radio and	2224
television stations, and broadcasting networks who are members of	2225
a generally recognized professional media organization.	2226

At the request of a person described in division (B)(3) of	2227
this section, representatives of the news media described in this	2228
division shall be excluded from the hearing while that person is	2229
giving testimony at the hearing. The prisoner being considered for	2230
parole has no right to be present at the hearing, but may be	2231
represented by counsel or some other person designated by the	2232
prisoner.	2233

If there is an objection at a full board hearing to a	2234
recommendation for the parole of a prisoner, the board may approve	2235
or disapprove the recommendation or defer its decision until a	2236
subsequent full board hearing. The board may permit interested	2237
persons other than those listed in this division and division (B)	2238
of this section to attend full board hearings pursuant to rules	2239
adopted by the adult parole authority.	2240

(D) If the victim of the original offense died as a result of	2241
the offense and the offense was an offense of violence that is a	2242
felony of the first, second, or third degree, the family of the	2243
victim may show at a full board hearing a video recording not	2244
exceeding five minutes in length memorializing the victim.	2245

(E) The adult parole authority shall adopt rules for the	2246
implementation of this section. The rules shall specify reasonable	2247
restrictions on the number of media representatives that may	2248
attend a hearing, based on considerations of space, and other	2249
procedures designed to accomplish an effective, orderly process	2250
for full board hearings.	2251

Section 2. That existing sections 2152.86, 2903.03, 2929.20,	2252
2930.03, 2930.06, 2930.16, 2950.01, 2967.03, 2967.12, 2967.121,	2253
2967.26, 2967.28, 5120.66, 5149.07, 5149.10, and 5149.101 of the	2254
Revised Code are hereby repealed.	2255

Section 3. Sections 1 and 2 of this act shall take effect on	2256
January 1, 2008, or on the earliest date permitted by law,	2257
whichever is later.	2258

Section 4. This act is hereby declared to be an emergency	2259
measure necessary for the immediate preservation of the public	2260
peace, health, and safety. The reason for such necessity is that	2261
this act's inclusion within the coverage of state's Sex Offender	2262
Registration and Notification Law of persons who are convicted of,	2263
or found to be delinquent children for committing, voluntary	2264
manslaughter with a sexual motivation is crucially needed to	2265
provide increased protection and security for the state's	2266
residents from those offenders and delinquent children and to link	2267
that inclusion to the provisions of recently enacted Am. Sub. S.B.	2268
10 of the 127th General Assembly. Therefore, this act shall take	2269
immediate effect.	2270