As Recommitted to the Senate Committee on Judiciary--Criminal Justice

127th General Assembly
Regular Session
2007-2008
S. B. No. 108


Senator Schaffer 

Cosponsors: Senators Stivers, Schuring, Cafaro 



A BILL
To amend section 2929.20 of the Revised Code to 1
prohibit a court from granting judicial release to 2
any person serving a prison term for a criminal 3
offense committed while the person held public 4
office.5


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

       Section 1. That section 2929.20 of the Revised Code be 6
amended to read as follows:7

       Sec. 2929.20.  (A) As used in this section:8

       (1)(a) Except as provided in division (A)(1)(b) of this 9
section, "eligible offender" means any person serving a stated 10
prison term of ten years or less when either of the following 11
applies:12

       (1)(i) The stated prison term does not include a mandatory13
prison term.14

       (2)(ii) The stated prison term includes a mandatory prison 15
term, and the person has served the mandatory prison term.16

       (b) "Eligible offender" does not include any person who is 17
serving a stated prison term for a criminal offense committed 18
while the person held a public office in this state, whether or 19
not the offense was related to the person's actions as a public 20
official.21

       (2) "Public office" means any elected federal, state, or 22
local government office in this state.23

       (B) Upon the filing of a motion by the eligible offender or24
upon its own motion, a sentencing court may reduce the offender's25
stated prison term through a judicial release in accordance with26
this section. The court shall not reduce the stated prison term of 27
an offender who is not an eligible offender. An eligible offender28
may file a motion for judicial release with the sentencing court 29
within the following applicable period of time:30

       (1)(a) Except as otherwise provided in division (B)(1)(b) or31
(c) of this section, if the stated prison term was imposed for a32
felony of the fourth or fifth degree, the eligible offender may33
file the motion not earlier than thirty days or later than ninety34
days after the offender is delivered to a state correctional35
institution.36

       (b) If the stated prison term is five years and is an37
aggregate of stated prison terms that are being served38
consecutively and that were imposed for any combination of39
felonies of the fourth degree and felonies of the fifth degree,40
the eligible offender may file the motion after the eligible41
offender has served four years of the stated prison term.42

       (c) If the stated prison term is more than five years and not 43
more than ten years and is an aggregate of stated prison terms44
that are being served consecutively and that were imposed for any45
combination of felonies of the fourth degree and felonies of the46
fifth degree, the eligible offender may file the motion after the47
eligible offender has served five years of the stated prison term.48

       (2) Except as otherwise provided in division (B)(3) or (4) of49
this section, if the stated prison term was imposed for a felony 50
of the first, second, or third degree, the eligible offender may 51
file the motion not earlier than one hundred eighty days after the 52
offender is delivered to a state correctional institution.53

       (3) If the stated prison term is five years, the eligible54
offender may file the motion after the eligible offender has55
served four years of the stated prison term.56

       (4) If the stated prison term is more than five years and not 57
more than ten years, the eligible offender may file the motion58
after the eligible offender has served five years of the stated59
prison term.60

       (5) If the offender's stated prison term includes a mandatory 61
prison term, the offender shall file the motion within the time 62
authorized under division (B)(1), (2), (3), or (4) of this section 63
for the nonmandatory portion of the prison term, but the time for 64
filing the motion does not begin to run until after the expiration 65
of the mandatory portion of the prison term.66

       (C) Upon receipt of a timely motion for judicial release67
filed by an eligible offender under division (B) of this section68
or upon the sentencing court's own motion made within the69
appropriate time period specified in that division, the court may70
schedule a hearing on the motion. The court may deny the motion71
without a hearing but shall not grant the motion without a72
hearing. If a court denies a motion without a hearing, the court73
may consider a subsequent judicial release for that eligible74
offender on its own motion or a subsequent motion filed by that75
eligible offender. If a court denies a motion after a hearing, the 76
court shall not consider a subsequent motion for that eligible77
offender. The court shall hold only one hearing for any eligible78
offender.79

       A hearing under this section shall be conducted in open court80
within sixty days after the date on which the motion is filed,81
provided that the court may delay the hearing for a period not to82
exceed one hundred eighty additional days. If the court holds a83
hearing on the motion, the court shall enter a ruling on the84
motion within ten days after the hearing. If the court denies the85
motion without a hearing, the court shall enter its ruling on the86
motion within sixty days after the motion is filed.87

       (D) If a court schedules a hearing under division (C) of this88
section, the court shall notify the eligible offender of the89
hearing and shall notify the head of the state correctional90
institution in which the eligible offender is confined of the 91
hearing prior to the hearing. The head of the state correctional 92
institution immediately shall notify the appropriate person at the 93
department of rehabilitation and correction of the hearing, and 94
the department within twenty-four hours after receipt of the 95
notice, shall post on the database it maintains pursuant to 96
section 5120.66 of the Revised Code the offender's name and all of 97
the information specified in division (A)(1)(c)(i) of that 98
section. If the court schedules a hearing for judicial release,99
the court promptly shall give notice of the hearing to the100
prosecuting attorney of the county in which the eligible offender101
was indicted. Upon receipt of the notice from the court, the102
prosecuting attorney shall notify the victim of the offense for103
which the stated prison term was imposed or the victim's104
representative, pursuant to section 2930.16 of the Revised Code, 105
of the hearing.106

       (E) Prior to the date of the hearing on a motion for judicial 107
release under this section, the head of the state correctional 108
institution in which the eligible offender in question is confined 109
shall send to the court a report on the eligible offender's 110
conduct in the institution and in any institution from which the 111
eligible offender may have been transferred. The report shall 112
cover the eligible offender's participation in school, vocational 113
training, work, treatment, and other rehabilitative activities and 114
any disciplinary action taken against the eligible offender. The 115
report shall be made part of the record of the hearing.116

       (F) If the court grants a hearing on a motion for judicial117
release under this section, the eligible offender shall attend the118
hearing if ordered to do so by the court. Upon receipt of a copy119
of the journal entry containing the order, the head of the state120
correctional institution in which the eligible offender is121
incarcerated shall deliver the eligible offender to the sheriff of122
the county in which the hearing is to be held. The sheriff shall123
convey the eligible offender to the hearing and return the124
offender to the institution after the hearing.125

       (G) At the hearing on a motion for judicial release under126
this section, the court shall afford the eligible offender and the127
eligible offender's attorney an opportunity to present written128
information relevant to the motion and shall afford the eligible129
offender, if present, and the eligible offender's attorney an130
opportunity to present oral information relevant to the motion. 131
The court shall afford a similar opportunity to the prosecuting132
attorney, the victim or the victim's representative, as defined in133
section 2930.01 of the Revised Code, and any other person the134
court determines is likely to present additional relevant135
information. The court shall consider any statement of a victim136
made pursuant to section 2930.14 or 2930.17 of the Revised Code,137
any victim impact statement prepared pursuant to section 2947.051138
of the Revised Code, and any report made under division (E) of139
this section. The court may consider any written statement of any 140
person submitted to the court pursuant to division (J) of this 141
section. After ruling on the motion, the court shall notify the 142
victim of the ruling in accordance with sections 2930.03 and143
2930.16 of the Revised Code.144

       (H)(1) A court shall not grant a judicial release under this145
section to an eligible offender who is imprisoned for a felony of146
the first or second degree, or to an eligible offender who147
committed an offense contained in Chapter 2925. or 3719. of the148
Revised Code and for whom there was a presumption under section149
2929.13 of the Revised Code in favor of a prison term, unless the150
court, with reference to factors under section 2929.12 of the151
Revised Code, finds both of the following:152

       (a) That a sanction other than a prison term would adequately 153
punish the offender and protect the public from future criminal154
violations by the eligible offender because the applicable factors155
indicating a lesser likelihood of recidivism outweigh the156
applicable factors indicating a greater likelihood of recidivism;157

       (b) That a sanction other than a prison term would not demean 158
the seriousness of the offense because factors indicating that the 159
eligible offender's conduct in committing the offense was less 160
serious than conduct normally constituting the offense outweigh 161
factors indicating that the eligible offender's conduct was more 162
serious than conduct normally constituting the offense.163

       (2) A court that grants a judicial release to an eligible164
offender under division (H)(1) of this section shall specify on165
the record both findings required in that division and also shall166
list all the factors described in that division that were167
presented at the hearing.168

       (I) If the court grants a motion for judicial release under169
this section, the court shall order the release of the eligible170
offender, shall place the eligible offender under an appropriate171
community control sanction, under appropriate community control172
conditions, and under the supervision of the department of173
probation serving the court, and shall reserve the right to174
reimpose the sentence that it reduced pursuant to the judicial175
release if the offender violates the sanction. If the court176
reimposes the reduced sentence pursuant to this reserved right, it177
may do so either concurrently with, or consecutive to, any new178
sentence imposed upon the eligible offender as a result of the179
violation that is a new offense. The period of the community180
control sanction shall be no longer than five years. The court, in 181
its discretion, may reduce the period of the community control182
sanction by the amount of time the eligible offender spent in jail183
for the offense and in prison. If the court made any findings184
pursuant to division (H)(1) of this section, the court shall serve185
a copy of the findings upon counsel for the parties within fifteen186
days after the date on which the court grants the motion for187
judicial release.188

       Prior to being released pursuant to a judicial release189
granted under this section, the eligible offender shall serve any190
extension of sentence that was imposed under section 2967.11 of191
the Revised Code.192

       If the court grants a motion for judicial release, the court 193
shall notify the appropriate person at the department of 194
rehabilitation and correction of the judicial release, and the 195
department shall post notice of the release on the database it 196
maintains pursuant to section 5120.66 of the Revised Code.197

       (J) In addition to and independent of the right of a victim 198
to make a statement pursuant to section 2930.14, 2930.17, or 199
2946.051 of the Revised Code and any right of a person to present 200
written information or make a statement pursuant to division (G) 201
of this section, any person may submit to the court, at any time 202
prior to the hearing on the offender's motion for judicial 203
release, a written statement concerning the effects of the 204
offender's crime or crimes, the circumstances surrounding the 205
crime or crimes, the manner in which the crime or crimes were 206
perpetrated, and the person's opinion as to whether the offender 207
should be released.208

       Section 2. That existing section 2929.20 of the Revised Code 209
is hereby repealed.210