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