(B)(1) Of the initial members appointed to the criminal | 35 |
justice reform commission, those appointed under divisions (A)(8) | 36 |
to (13) of this section shall each serve a term that expires on | 37 |
December 31, 2010, and those appointed under divisions (A)(1) to | 38 |
(7) of this section shall each serve a term that expires on | 39 |
December 31, 2011. Thereafter, each term shall be for two years, | 40 |
commencing on the first day of January and ending on the last day | 41 |
of December. A vacancy shall be filled in the same manner as the | 42 |
original appointment. A member appointed to fill a vacancy shall | 43 |
hold office for the remainder of the term. A member shall continue | 44 |
in office subsequent to the expiration of the term until the | 45 |
member's successor takes office. | 46 |
(4) After each initial member of the commission has been | 52 |
appointed, the commission shall meet and select from among the | 53 |
members a secretary and such other officers as the commission | 54 |
considers necessary to carry out its duties. Organizational | 55 |
meetings of the commission shall be held at times and places | 56 |
designated by call of the chairperson. Meetings of the commission | 57 |
may be held anywhere in the state and shall be in compliance with | 58 |
sections 121.22 and 149.43 of the Revised Code. The commission may | 59 |
adopt, pursuant to section 111.15 of the Revised Code, rules | 60 |
necessary to carry out the purposes of this section. | 61 |
(a) An individual's conviction of an offense or adjudication | 65 |
as a delinquent child was vacated, dismissed, or reversed on | 66 |
appeal, the prosecuting attorney in the case cannot or will not | 67 |
seek any further appeal of right or upon leave of court, and no | 68 |
criminal or delinquency proceeding is pending, can be brought, or | 69 |
will be brought by any prosecuting attorney, city director of law, | 70 |
village solicitor, or other chief legal officer of a municipal | 71 |
corporation against the individual for any act associated with | 72 |
that conviction; | 73 |
(b) After sentencing for the offense or disposition for the | 74 |
delinquent child adjudication and during or after imprisonment or | 75 |
placement in a department of youth services facility, it was | 76 |
determined by a court of common pleas that the offense of which | 77 |
the individual was convicted or the delinquent act for which the | 78 |
individual was adjudicated a delinquent child, including all | 79 |
lesser-included offenses, either was not committed by the | 80 |
individual or was not committed by any person. | 81 |
(4) Identify through peer-reviewed research, expert evidence, | 87 |
and other means potential solutions to the problem of wrongful | 88 |
convictions and delinquent child adjudications in the form of | 89 |
legislation, rules, procedural changes, and educational or | 90 |
training opportunities demonstrated to eliminate or minimize the | 91 |
occurrence of each cause of wrongful convictions or delinquent | 92 |
child adjudications; | 93 |
(F)(1) For each case to which division (C)(1) of this section | 112 |
applies, the criminal justice reform commission shall conduct an | 113 |
investigation, including hearings, to determine the cause or | 114 |
causes of the wrongful conviction or adjudication. Within sixty | 115 |
days after the completion of an investigation, the commission | 116 |
shall issue a preliminary written report of its findings of fact | 117 |
and conclusions, including any recommendations to prevent wrongful | 118 |
convictions or adjudications from occurring under similar | 119 |
circumstances in the future. Within one hundred twenty days after | 120 |
issuing the preliminary report, the commission shall issue a final | 121 |
report. The commission shall make the final report available to | 122 |
the public and shall submit copies to the governor, attorney | 123 |
general, chief justice, president of the senate, and speaker of | 124 |
the house of representatives, and to any governmental agency that | 125 |
the commission finds may have been involved in the investigation | 126 |
or trial that resulted in the wrongful conviction or adjudication. | 127 |
(2) The commission annually shall prepare, make available to | 128 |
the public, and submit to the governor, attorney general, chief | 129 |
justice, president of the senate, and speaker of the house of | 130 |
representatives a report indicating the number of cases | 131 |
investigated pursuant to division (F)(1) of this section and the | 132 |
status of pending investigations, and a summary of its findings | 133 |
and recommendations for the year covered by the report. | 134 |