(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 release | 67 |
filed by an eligible offender under division
(B) of this section | 68 |
or upon the sentencing court's own
motion made within the | 69 |
appropriate time period specified in that
division, the court may | 70 |
schedule a hearing on the motion. The
court may deny the motion | 71 |
without a hearing but shall not grant
the motion without a | 72 |
hearing. If a court denies
a motion without a hearing, the court | 73 |
may
consider a subsequent
judicial release for that eligible | 74 |
offender on its own motion
or a
subsequent motion filed by that | 75 |
eligible
offender. If a court denies a motion after a hearing,
the | 76 |
court shall
not
consider a subsequent motion for that eligible | 77 |
offender. The court shall
hold only one hearing for any eligible | 78 |
offender. | 79 |
A hearing under this section shall be conducted in open court | 80 |
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 to | 82 |
exceed one hundred eighty additional days. If the court
holds a | 83 |
hearing on the motion, the court shall enter a
ruling
on the | 84 |
motion within ten days after the hearing. If the court
denies the | 85 |
motion without a hearing, the court shall enter its
ruling on the | 86 |
motion within sixty days after the motion is filed. | 87 |
(D) If a court schedules a hearing under division (C) of
this | 88 |
section, the court
shall notify the eligible offender of the | 89 |
hearing and shall notify the head of the state
correctional | 90 |
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 the | 100 |
prosecuting attorney of
the county in which the eligible offender | 101 |
was indicted. Upon
receipt of the notice from the court, the | 102 |
prosecuting attorney
shall notify the victim of the offense for | 103 |
which the stated prison
term was imposed or the victim's | 104 |
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 judicial | 117 |
release under this section, the eligible offender
shall attend the | 118 |
hearing if ordered to do so by the court. Upon
receipt of a copy | 119 |
of the journal entry containing the order, the
head of the state | 120 |
correctional institution in which the
eligible offender is | 121 |
incarcerated shall deliver the eligible
offender to the sheriff of | 122 |
the county in which the hearing is to
be held. The sheriff shall | 123 |
convey the eligible offender to the
hearing and return the | 124 |
offender to the institution after the
hearing. | 125 |
(G) At the hearing on a motion for judicial
release under | 126 |
this section, the court shall afford the eligible
offender and the | 127 |
eligible offender's attorney an
opportunity to
present written | 128 |
information relevant to the
motion and shall afford the eligible | 129 |
offender, if present, and the eligible
offender's attorney an | 130 |
opportunity to present oral information relevant
to the motion.
| 131 |
The court shall afford a similar opportunity to the
prosecuting | 132 |
attorney, the victim or the victim's representative,
as defined in | 133 |
section 2930.01 of the Revised
Code, and any other person the | 134 |
court determines is
likely to present additional relevant | 135 |
information. The court
shall consider any statement of a victim | 136 |
made pursuant to section
2930.14 or 2930.17 of the Revised Code, | 137 |
any
victim impact statement prepared pursuant to section 2947.051 | 138 |
of
the Revised Code, and any report made under division (E) of | 139 |
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 and | 143 |
2930.16 of the Revised
Code. | 144 |
(H)(1) A court shall not grant a judicial
release under this | 145 |
section to an eligible offender who is
imprisoned for a felony of | 146 |
the first or second degree, or to an
eligible offender who | 147 |
committed an offense contained in
Chapter 2925. or 3719. of the | 148 |
Revised
Code and for whom there was a presumption under section | 149 |
2929.13 of the Revised Code in favor of a prison
term, unless the | 150 |
court, with reference to factors
under section 2929.12 of the | 151 |
Revised Code, finds both
of the following: | 152 |
(I) If the court grants a motion for judicial
release under | 169 |
this section, the court shall order the release of
the eligible | 170 |
offender, shall place the eligible offender under an appropriate | 171 |
community control
sanction, under appropriate
community control | 172 |
conditions, and under the
supervision of the department of | 173 |
probation
serving the court, and shall reserve the right to | 174 |
reimpose the sentence that
it reduced pursuant to the judicial | 175 |
release if the offender violates the
sanction. If the court | 176 |
reimposes the reduced sentence pursuant to this
reserved right, it | 177 |
may do so either concurrently with, or consecutive to, any
new | 178 |
sentence imposed upon the eligible offender as a result of the | 179 |
violation
that is a new offense.
The period of the community | 180 |
control sanction
shall be
no longer than five years. The court,
in | 181 |
its
discretion, may reduce the period of the community control | 182 |
sanction by the
amount of time the eligible
offender spent in jail | 183 |
for the offense and in prison. If the
court made any findings | 184 |
pursuant to division (H)(1) of
this section, the court shall serve | 185 |
a copy of the findings upon
counsel for the parties within fifteen | 186 |
days after the date on
which the court grants the motion for | 187 |
judicial release. | 188 |
(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 |