| Sec. 5149.02. There is hereby created in the division of | 7 |
|
parole and community services of the department of rehabilitation | 8 |
|
and correction at bureau level an adult parole authority. The | 9 |
|
adult parole authority consists of its chief, a
field services | 10 |
|
section,
and a parole board. The director of rehabilitation and | 11 |
correction
shall appoint the chief of the adult parole authority, | 12 |
and one or more superintendents of the
field services section, and | 13 |
the
chairperson of the parole board, all
of whom shall serve
at | 14 |
|
the pleasure of the director and shall be in the
unclassified | 15 |
|
civil service. The director also shall appoint the chairperson of | 16 |
|
the parole board who shall be in the unclassified civil service | 17 |
|
and who shall serve as provided in section 5149.10 of the Revised | 18 |
|
Code. | 19 |
| The authority is a regular administrative unit of the | 20 |
|
department of rehabilitation and correction and shall operate | 21 |
|
under rules adopted by the director. The chief of
the division of | 22 |
|
parole and community services may adopt
supplemental rules | 23 |
|
governing operation of the authority,
assigning specific powers | 24 |
|
and duties to the chief of the
authority, and assigning specific | 25 |
|
functions to sections within
the authority. | 26 |
| Sec. 5149.10. (A)(1) The parole board shall consist of
up to | 32 |
|
twelve
members, one of
whom shall be designated as chairperson by | 33 |
|
the
director of the department of rehabilitation and correction | 34 |
|
and
who shall continue as chairperson until a successor is | 35 |
|
designated,
and any other personnel that are necessary for the | 36 |
|
orderly
performance of the duties of the board. In addition to
the | 37 |
|
rules
authorized by section 5149.02 of the Revised Code, the
chief | 38 |
|
of
the adult parole authority, subject to the approval of
the | 39 |
|
chief
of the division of parole and community services and
subject | 40 |
|
to
this
section, shall adopt
rules governing the
proceedings of | 41 |
|
the
parole board. The rules
shall provide for the
convening of | 42 |
|
full
board hearings,
the procedures to be followed in
full board | 43 |
|
hearings, and general procedures to be followed in
other hearings | 44 |
|
of the board and by the board's hearing officers.
The rules also | 45 |
|
shall
require agreement by a majority of all the
board members to | 46 |
|
any
recommendation of clemency transmitted to the
governor. | 47 |
| (2) When the board members sit as a full board, the | 48 |
|
chairperson
shall preside. The
chairperson shall also allocate the | 49 |
|
work of
the
parole
board among the board members. The full board | 50 |
|
shall
meet at
least once
each month. In the case of a tie vote on | 51 |
|
the
full
board, the chief of the
adult parole authority shall | 52 |
|
cast the
deciding vote. The chairperson may
designate a person to | 53 |
|
serve in
the chairperson's place. | 54 |
| (3)(a) Except for the member appointed under division (B) of | 55 |
|
this section and except as otherwise provided in division | 56 |
|
(A)(3)(b) of this section, a member appointed to the parole board | 57 |
|
shall be appointed to a six-year term. A member shall hold office | 58 |
|
from the date of appointment until the end of the term for which | 59 |
|
the member was appointed. A member is eligible for reappointment | 60 |
|
for another six-year term that may or may not be consecutive to | 61 |
|
the first six-year term. A member is not eligible for | 62 |
|
reappointment after serving two six-year terms whether or not | 63 |
|
served consecutively. Vacancies shall be filled in the same manner | 64 |
|
provided for original appointments. Any member appointed under | 65 |
|
this division to fill a vacancy occurring prior to the expiration | 66 |
|
date of the term for which the member's predecessor was appointed | 67 |
|
shall hold office as a member for the remainder of that term. A | 68 |
|
member appointed under this division shall continue in office | 69 |
|
subsequent to the expiration date of the member's term until the | 70 |
|
member's successor takes office or until a period of sixty days | 71 |
|
has elapsed, whichever occurs first. | 72 |
| (b) If a person is a member of the parole board on the | 73 |
|
effective date of this amendment, that person shall continue in | 74 |
|
office until that member is reappointed, a successor member is | 75 |
|
appointed, or a period of sixty days has elapsed, whichever occurs | 76 |
|
first. A member of the parole board on the effective date of this | 77 |
|
amendment shall not be reappointed to serve a term that is longer | 78 |
|
than six years, including the time the member served on the board | 79 |
|
prior to the effective date of this amendment. | 80 |
| (4) Except as otherwise provided in division (B) of this | 81 |
|
section,
no person shall be appointed a member of the board who is | 82 |
|
not
qualified by education or experience in correctional work, | 83 |
|
including law enforcement, prosecution of offenses, advocating for | 84 |
|
the
rights of victims of crime, probation, or parole, in law, in | 85 |
|
social work, or in a combination of the three categories. | 86 |
| (B) The director of rehabilitation and correction, in | 87 |
|
consultation with the governor, shall appoint one member of the | 88 |
|
board, who
shall
be a person who has been a victim of crime or who | 89 |
|
is a member of a victim's
family or who represents an organization | 90 |
|
that advocates for the rights of
victims of crime. After | 91 |
|
appointment, this member shall be an unclassified
employee of the | 92 |
|
department of rehabilitation and correction. | 93 |
| The initial appointment shall be for a term ending four years | 94 |
|
after July 1, 1996.
Thereafter, the term
of office of the
member | 95 |
|
appointed
under this
division shall be for
four years, with each | 96 |
|
term ending on the
same
day of the same
month as did the term | 97 |
|
that it succeeds. The
member
shall hold
office from the date of | 98 |
|
appointment until the
end of the term for
which the member was | 99 |
|
appointed and
may be
reappointed. Vacancies
shall be filled in | 100 |
|
the manner provided for
original appointments.
Any member | 101 |
|
appointed under this division to
fill a
vacancy
occurring prior | 102 |
|
to the expiration date of the term
for which the
member's | 103 |
|
predecessor was appointed shall hold office
as a member
for the | 104 |
|
remainder of
that term. The member appointed
under this
division | 105 |
|
shall continue in office
subsequent to the
expiration
date of the | 106 |
|
member's term until the member's
successor
takes
office or until | 107 |
|
a period of sixty days has elapsed,
whichever
occurs first. | 108 |
| The member appointed under this division shall be compensated | 109 |
|
in the same
manner as other board members and shall be reimbursed | 110 |
|
for actual and necessary
expenses incurred in the performance of | 111 |
|
the members' duties. The member may
vote on all cases heard by
the | 112 |
|
full board under section 5149.101 of the Revised Code, has
such | 113 |
|
duties as are
assigned by the chairperson of the board, and
shall | 114 |
|
coordinate the member's
activities with the office of
victims' | 115 |
|
services created under section 5120.60
of the Revised
Code. | 116 |
| (E) In addition to its duties pertaining to parole and | 126 |
|
clemency,
if an offender is sentenced to a prison term pursuant to | 127 |
|
division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), | 128 |
|
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised | 129 |
|
Code, the parole
board shall have
control over the
offender's | 130 |
|
service of
the prison
term during the entire term
unless the board | 131 |
|
terminates
its
control in accordance with section
2971.04
of the | 132 |
|
Revised
Code.
The parole board may
terminate its
control over the | 133 |
|
offender's
service of the prison term
only in
accordance with | 134 |
|
section 2971.04
of the Revised Code. | 135 |