As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. Sub. S. B. No. 160

Senators Bacon, Hughes 

Cosponsors: Senators Patton, Wagoner, Faber, Balderson, Beagle, Brown, Burke, Cafaro, Coley, Eklund, Gentile, Hite, Kearney, Lehner, Manning, Niehaus, Obhof, Oelslager, Peterson, Sawyer, Schaffer, Seitz, Turner, Widener 

Representatives Conditt, Bubp, Garland, Hayes, Lynch, Pillich, Adams, R., Antonio, Barnes, Beck, Blair, Blessing, Brenner, Buchy, Carney, Celebrezze, Celeste, Cera, Clyde, Combs, Derickson, DeVitis, Driehaus, Fedor, Foley, Grossman, Hackett, Hagan, C., Hall, Heard, Hill, Hottinger, Huffman, Johnson, Landis, Letson, Maag, Mallory, McClain, McGregor, Milkovich, Murray, Newbold, O'Brien, Okey, Pelanda, Phillips, Ramos, Ruhl, Scherer, Sears, Slesnick, Smith, Sprague, Stinziano, Sykes, Szollosi, Terhar, Thompson, Uecker, Winburn, Young, Yuko Speaker Batchelder 

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A BILL

To amend sections 2152.86, 2717.01, 2903.03, 2929.13,

1

2929.20, 2930.03, 2930.06, 2930.16, 2950.01,

2

2951.041, 2953.08, 2967.03, 2967.12, 2967.121,

3

2967.19, 2967.26, 2967.28, 2971.04, 2971.05,

4

5120.66, 5149.07, and 5149.101 of the Revised Code

5

to require automatic notice to victims of

6

aggravated murder, murder, first, second, or third

7

degree felony offenses of violence, or offenses

8

punishable by a sentence of life imprisonment of

9

certain prisoner or alleged juvenile offender

10

release or transfer proceedings unless the victim

11

has requested that the notice not be provided; to

12

expand victim participation in parole hearings; to

13

require the Department of Rehabilitation and

14

Correction to provide certain information related

15

to paroles to designated public officials; to

16

require the Department to notify the appropriate

17

prosecuting attorney when a felon serving a

18

specified sentence is released pursuant to a

19

pardon, commutation of sentence, parole, or

20

completed prison term; to require that the

21

Department, in cases in which a prosecuting

22

attorney currently is notified that a Department

23

prisoner is being considered for an early release

24

or a specified type of transfer to a less

25

restrictive setting, provide the prosecuting

26

attorney and any law enforcement agency, upon

27

request, with an institutional summary report

28

prepared with respect to the prisoner; to make

29

other changes related to the release of prisoners

30

and victim's rights; to provide that voluntary

31

manslaughter committed with a sexual motivation is

32

a sexually oriented offense, makes an offender or

33

juvenile offender registrant who commits it a tier

34

III sex offender/child-victim offender, and may

35

qualify a juvenile offender registrant who commits

36

it as a public registry-qualified juvenile

37

offender registrant; to waive the notice by

38

publication requirement for a change of name if

39

the applicant submits proof that the publication

40

would jeopardize the applicant's personal safety;

41

to revise the sentencing options for fourth and

42

fifth degree felonies; and to name the victim and

43

family notification provisions Roberta's Law.

44

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

Section 1. That sections 2152.86, 2717.01, 2903.03, 2929.13,	45
2929.20, 2930.03, 2930.06, 2930.16, 2950.01, 2951.041, 2953.08,	46
2967.03, 2967.12, 2967.121, 2967.19, 2967.26, 2967.28, 2971.04,	47
2971.05, 5120.66, 5149.07, and 5149.101 of the Revised Code be	48
amended to read as follows:	49

Sec. 2152.86.  (A)(1) The court that, on or after January 1,	50
2008, adjudicates a child a delinquent child for committing an act	51
shall issue as part of the dispositional order an order that	52
classifies the child a juvenile offender registrant, specifies	53
that the child has a duty to comply with sections 2950.04,	54
2950.041, 2950.05, and 2950.06 of the Revised Code, and	55
additionally classifies the child a public registry-qualified	56
juvenile offender registrant if the child was fourteen, fifteen,	57
sixteen, or seventeen years of age at the time of committing the	58
act, the court imposed on the child a serious youthful offender	59
dispositional sentence under section 2152.13 of the Revised Code,	60
and the child is adjudicated a delinquent child for committing,	61
attempting to commit, conspiring to commit, or complicity in	62
committing any of the following acts:	63

(a) A violation of section 2907.02 of the Revised Code,	64
division (B) of section 2907.05 of the Revised Code, or section	65
2907.03 of the Revised Code if the victim of the violation was	66
less than twelve years of age;	67

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	68
the Revised Code that was committed with a purpose to gratify the	69
sexual needs or desires of the child;	70

(c) A violation of division (B) of section 2903.03 of the	71
Revised Code.	72

(2) Upon a child's release, on or after January 1, 2008, from	73
the department of youth services, the court shall issue an order	74
that classifies the child a juvenile offender registrant,	75
specifies that the child has a duty to comply with sections	76
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	77
additionally classifies the child a public registry-qualified	78
juvenile offender registrant if all of the following apply:	79

(a) The child was adjudicated a delinquent child, and a	80
juvenile court imposed on the child a serious youthful offender	81
dispositional sentence under section 2152.13 of the Revised Code	82
for committing one of the acts described in division (A)(1)(a) or	83
(b) of this section or for committing on or after the effective	84
date of this amendment a violation of division (B) of section	85
2903.03 of the Revised Code.	86

(b) The child was fourteen, fifteen, sixteen, or seventeen	87
years of age at the time of committing the act.	88

(c) The court did not issue an order classifying the child as	89
both a juvenile offender registrant and a public	90
registry-qualified juvenile offender registrant pursuant to	91
division (A)(1) of this section.	92

(3) If a court issued an order classifying a child a juvenile	93
offender registrant pursuant to section 2152.82 or 2152.83 of the	94
Revised Code prior to January 1, 2008, not later than February 1,	95
2008, the court shall issue a new order that reclassifies the	96
child as a juvenile offender registrant, specifies that the child	97
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	98
2950.06 of the Revised Code, and additionally classifies the child	99
a public registry-qualified juvenile offender registrant if all of	100
the following apply:	101

(a) The sexually oriented offense that was the basis of the	102
previous order that classified the child a juvenile offender	103
registrant was an act described in division (A)(1)(a) or (b) of	104
this section.	105

(b) The child was fourteen, fifteen, sixteen, or seventeen	106
years of age at the time of committing the act.	107

(c) The court imposed on the child a serious youthful	108
offender dispositional sentence under section 2152.13 of the	109
Revised Code for the act described in division (A)(1)(a) or (b) of	110
this section.	111

(B)(1) If an order is issued under division (A)(1), (2), or	112
(3) of this section, the classification of tier III sex	113
offender/child-victim offender automatically applies to the	114
delinquent child based on the sexually oriented offense the child	115
committed, subject to a possible reclassification pursuant to	116
division (D) of this section for a child whose delinquent act was	117
committed prior to January 1, 2008. If an order is issued under	118
division (A)(2) of this section regarding a child whose delinquent	119
act described in division (A)(1)(a) or (b) of this section was	120
committed prior to January 1, 2008, or if an order is issued under	121
division (A)(3) of this section regarding a delinquent child, the	122
order shall inform the child and the child's parent, guardian, or	123
custodian, that the child has a right to a hearing as described in	124
division (D) of this section and inform the child and the child's	125
parent, guardian, or custodian of the procedures for requesting	126
the hearing and the period of time within which the request for	127
the hearing must be made. Section 2152.831 of the Revised Code	128
does not apply regarding an order issued under division (A)(1),	129
(2), or (3) of this section.	130

(2) The judge that issues an order under division (A)(1),	131
(2), or (3) of this section shall provide to the delinquent child	132
who is the subject of the order and to the delinquent child's	133
parent, guardian, or custodian the notice required under divisions	134
(A) and (B) of section 2950.03 of the Revised Code and shall	135
provide as part of that notice a copy of the order required under	136
division (A)(1), (2), or (3) of this section. The judge shall	137
include the order in the delinquent child's dispositional order	138
and shall specify in the dispositional order that the order issued	139
under division (A)(1), (2), or (3) of this section was made	140
pursuant to this section.	141

(C) An order issued under division (A)(1), (2), or (3) of	142
this section shall remain in effect for the period of time	143
specified in section 2950.07 of the Revised Code as it exists on	144
and after January 1, 2008, subject to a judicial termination of	145
that period of time as provided in section 2950.15 of the Revised	146
Code, subject to a possible reclassification of the child pursuant	147
to division (D) of this section if the child's delinquent act was	148
committed prior to January 1, 2008. If an order is issued under	149
division (A)(1), (2), or (3) of this section, the child's	150
attainment of eighteen or twenty-one years of age does not affect	151
or terminate the order, and the order remains in effect for the	152
period of time described in this division. If an order is issued	153
under division (A)(3) of this section, the duty to comply with	154
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	155
Code based upon that order shall be considered, for purposes of	156
section 2950.07 of the Revised Code and for all other purposes, to	157
be a continuation of the duty to comply with those sections	158
imposed upon the child prior to January 1, 2008, under the order	159
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	160
Chapter 2950. of the Revised Code.	161

(D)(1) If an order is issued under division (A)(2) of this	162
section regarding a delinquent child whose delinquent act	163
described in division (A)(1)(a) or (b) of this section was	164
committed prior to January 1, 2008, or if an order is issued under	165
division (A)(3) of this section regarding a delinquent child,	166
except as otherwise provided in this division, the child may	167
request as a matter of right a court hearing to contest the	168
court's classification in the order of the child as a public	169
registry-qualified juvenile offender registrant. To request the	170
hearing, not later than the date that is sixty days after the	171
delinquent child is provided with the copy of the order, the	172
delinquent child shall file a petition with the juvenile court	173
that issued the order.	174

If the delinquent child requests a hearing by timely filing a	175
petition with the juvenile court, the delinquent child shall serve	176
a copy of the petition on the prosecutor who handled the case in	177
which the delinquent child was adjudicated a delinquent child for	178
committing the sexually oriented offense or child-victim oriented	179
offense that resulted in the delinquent child's registration duty	180
under section 2950.04 or 2950.041 of the Revised Code. The	181
prosecutor shall represent the interest of the state in the	182
hearing. In any hearing under this division, the Rules of Juvenile	183
Procedure apply except to the extent that those Rules would by	184
their nature be clearly inapplicable. The court shall schedule a	185
hearing and shall provide notice to the delinquent child and the	186
delinquent child's parent, guardian, or custodian and to the	187
prosecutor of the date, time, and place of the hearing.	188

If the delinquent child requests a hearing in accordance with	189
this division, until the court issues its decision at or	190
subsequent to the hearing, the delinquent child shall comply with	191
Chapter 2950. of the Revised Code as it exists on and after	192
January 1, 2008. If a delinquent child requests a hearing in	193
accordance with this division, at the hearing, all parties are	194
entitled to be heard, and the court shall consider all relevant	195
information and testimony presented relative to the issue of	196
whether the child should be classified a public registry-qualified	197
juvenile offender registrant. Notwithstanding the court's	198
classification of the delinquent child as a public	199
registry-qualified juvenile offender registrant, the court may	200
terminate that classification if it determines by clear and	201
convincing evidence that the classification is in error.	202

If the court decides to terminate the court's classification	203
of the delinquent child as a public registry-qualified juvenile	204
offender registrant, the court shall issue an order that specifies	205
that it has determined that the child is not a public	206
registry-qualified juvenile offender registrant and that it has	207
terminated the court's classification of the delinquent child as a	208
public registry-qualified juvenile offender registrant. The court	209
promptly shall serve a copy of the order upon the sheriff with	210
whom the delinquent child most recently registered under section	211
2950.04 or 2950.041 of the Revised Code and upon the bureau of	212
criminal identification and investigation. The delinquent child	213
and the prosecutor have the right to appeal the decision of the	214
court issued under this division.	215

If the delinquent child fails to request a hearing in	216
accordance with this division within the applicable sixty-day	217
period specified in this division, the failure constitutes a	218
waiver by the delinquent child of the delinquent child's right to	219
a hearing under this division, and the delinquent child is bound	220
by the court's classification of the delinquent child as a public	221
registry-qualified juvenile offender registrant.	222

(2) An order issued under division (D)(1) of this section is	223
independent of any order of a type described in division (F) of	224
section 2950.031 of the Revised Code or division (E) of section	225
2950.032 of the Revised Code, and the court may issue an order	226
under both division (D)(1) of this section and an order of a type	227
described in division (F) of section 2950.031 of the Revised Code	228
or division (E) of section 2950.032 of the Revised Code. A court	229
that conducts a hearing under division (D)(1) of this section may	230
consolidate that hearing with a hearing conducted for the same	231
delinquent child under division (F) of section 2950.031 of the	232
Revised Code or division (E) of section 2950.032 of the Revised	233
Code.	234

Sec. 2717.01.  (A)(1) A person desiring a change of name may	235
file an application in the probate court of the county in which	236
the person resides. The application shall set forth that the	237
applicant has been a bona fide resident of that county for at	238
least one year prior to the filing of the application, the cause	239
for which the change of name is sought, and the requested new	240
name. The application shall require the applicant to state whether	241
the applicant has been convicted of, pleaded guilty to, or been	242
adjudicated a delinquent child for identity fraud or has a duty to	243
comply with section 2950.04 or 2950.041 of the Revised Code	244
because the applicant was convicted of, pleaded guilty to, or was	245
adjudicated a delinquent child for having committed a sexually	246
oriented offense or a child-victim oriented offense.	247

Notice(2) Except as provided in division (A)(4) of this	248
section, notice of the application shall be given once by	249
publication in a newspaper of general circulation in the county at	250
least thirty days before the hearing on the application. The	251
notice shall set forth the court in which the application was	252
filed, the case number, and the date and time of the hearing.	253

(3) Except as provided by division (C) of this section, upon	254
proof that proper notice was given or that notice was waived under	255
division (A)(4) of this section and proof that the facts set forth	256
in the application show reasonable and proper cause for changing	257
the name of the applicant, the court may order the change of name.	258

(4) If an applicant for a change of name submits to the	259
court, along with the application described in division (A)(1) of	260
this section, satisfactory proof that the publication of the	261
notice under division (A)(2) of this section would jeopardize the	262
applicant's personal safety, both of the following apply:	263

(a) The court shall waive the notice requirement.

264

(b) If the court orders the change of name under division	265
(A)(3) of this section, the court shall order the records of the	266
change of name proceeding to be sealed and to be opened only by	267
order of the court for good cause shown or at the request of the	268
applicant for any reason.	269

(B) An application for change of name may be made on behalf	270
of a minor by either of the minor's parents, a legal guardian, or	271
a guardian ad litem. When application is made on behalf of a	272
minor, in addition to the notice and proof required pursuant to	273
division (A) of this section, the consent of both living, legal	274
parents of the minor shall be filed, or notice of the hearing	275
shall be given to the parent or parents not consenting by	276
certified mail, return receipt requested. If there is no known	277
father of the minor, the notice shall be given to the person who	278
the mother of the minor alleges to be the father. If no father is	279
so alleged, or if either parent or the address of either parent is	280
unknown, notice pursuant to division (A) of this section shall be	281
sufficient as to the father or parent.	282

Any additional notice required by this division may be waived	283
in writing by any person entitled to the notice.	284

(C)(1) The court shall not order a change of name under	285
division (A) of this section if the person applying for a change	286
of name or for whom the application for a change of name is made	287
has a duty to comply with section 2950.04 or 2950.041 of the	288
Revised Code because the applicant or the person on whose behalf	289
the application for a change of name is made was convicted of,	290
pleaded guilty to, or was adjudicated a delinquent child for	291
having committed a sexually oriented offense or a child-victim	292
oriented offense.	293

(2) The court shall not order a change of name under division	294
(A) of this section if the person applying for a change of name or	295
for whom the application for a change of name is made has pleaded	296
guilty to, been convicted of, or been adjudicated a delinquent	297
child for committing a violation of section 2913.49 of the Revised	298
Code unless the guilty plea, conviction, or adjudication has been	299
reversed on appeal.	300

(3) As used in this division, "sexually oriented offense" and	301
"child-victim oriented offense" have the same meanings as in	302
section 2950.01 of the Revised Code.	303

Sec. 2903.03.  (A) No person, while under the influence of	304
sudden passion or in a sudden fit of rage, either of which is	305
brought on by serious provocation occasioned by the victim that is	306
reasonably sufficient to incite the person into using deadly	307
force, shall knowingly cause the death of another or the unlawful	308
termination of another's pregnancy.	309

(B) No person, with a sexual motivation, shall violate	310
division (A) of this section.	311

(C) Whoever violates this section is guilty of voluntary	312
manslaughter, a felony of the first degree.	313

(D) As used in this section, "sexual motivation" has the same	314
meaning as in section 2971.01 of the Revised Code.	315

Sec. 2929.13.  (A) Except as provided in division (E), (F),	316
or (G) of this section and unless a specific sanction is required	317
to be imposed or is precluded from being imposed pursuant to law,	318
a court that imposes a sentence upon an offender for a felony may	319
impose any sanction or combination of sanctions on the offender	320
that are provided in sections 2929.14 to 2929.18 of the Revised	321
Code.	322

If the offender is eligible to be sentenced to community	323
control sanctions, the court shall consider the appropriateness of	324
imposing a financial sanction pursuant to section 2929.18 of the	325
Revised Code or a sanction of community service pursuant to	326
section 2929.17 of the Revised Code as the sole sanction for the	327
offense. Except as otherwise provided in this division, if the	328
court is required to impose a mandatory prison term for the	329
offense for which sentence is being imposed, the court also shall	330
impose any financial sanction pursuant to section 2929.18 of the	331
Revised Code that is required for the offense and may impose any	332
other financial sanction pursuant to that section but may not	333
impose any additional sanction or combination of sanctions under	334
section 2929.16 or 2929.17 of the Revised Code.	335

If the offender is being sentenced for a fourth degree felony	336
OVI offense or for a third degree felony OVI offense, in addition	337
to the mandatory term of local incarceration or the mandatory	338
prison term required for the offense by division (G)(1) or (2) of	339
this section, the court shall impose upon the offender a mandatory	340
fine in accordance with division (B)(3) of section 2929.18 of the	341
Revised Code and may impose whichever of the following is	342
applicable:	343

(1) For a fourth degree felony OVI offense for which sentence	344
is imposed under division (G)(1) of this section, an additional	345
community control sanction or combination of community control	346
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	347
the court imposes upon the offender a community control sanction	348
and the offender violates any condition of the community control	349
sanction, the court may take any action prescribed in division (B)	350
of section 2929.15 of the Revised Code relative to the offender,	351
including imposing a prison term on the offender pursuant to that	352
division.	353

(2) For a third or fourth degree felony OVI offense for which	354
sentence is imposed under division (G)(2) of this section, an	355
additional prison term as described in division (B)(4) of section	356
2929.14 of the Revised Code or a community control sanction as	357
described in division (G)(2) of this section.	358

(B)(1)(a) Except as provided in division (B)(1)(b) of this	359
section, if an offender is convicted of or pleads guilty to a	360
felony of the fourth or fifth degree that is not an offense of	361
violence, the court shall sentence the offender to a community	362
control sanction of at least one year's duration if all of the	363
following apply:	364

(i) The offender previously has not been convicted of or	365
pleaded guilty to a felony offense or to an offenseof violence	366
that is a misdemeanor and that the offender committedwithin two	367
years prior to the offense for which sentence is being imposed.	368

(ii) The most serious charge against the offender at the time	369
of sentencing is a felony of the fourth or fifth degree.	370

(iii) If the court made a request of the department of	371
rehabilitation and correction pursuant to division (B)(1)(c) of	372
this section, the department, within the forty-five-day period	373
specified in that division, provided the court with the names of,	374
contact information for, and program details of one or more	375
community control sanctions of at least one year's duration that	376
are available for persons sentenced by the court.	377

(iv) The offender previously has not been convicted of or	378
pleaded guilty to a misdemeanor offense of violence that the	379
offender committed within two years prior to the offense for which	380
sentence is being imposed.	381

(b) The court has discretion to impose a prison term upon an	382
offender who is convicted of or pleads guilty to a felony of the	383
fourth or fifth degree that is not an offense of violence if any	384
of the following apply:	385

(i) The offender committed the offense while having a firearm	386
on or about the offender's person or under the offender's control.	387

(ii) The offender caused physical harm to another person	388
while committing the offense.	389

(iii) The offender violated a term of the conditions of bond	390
as set by the court.	391

(iv) The court made a request of the department of	392
rehabilitation and correction pursuant to division (B)(1)(c) of	393
this section, and the department, within the forty-five-day period	394
specified in that division, did not provide the court with the	395
name of, contact information for, and program details of any	396
community control sanction of at least one year's duration that is	397
available for persons sentenced by the court.	398

(v) The offense is a sex offense that is a fourth or fifth	399
degree felony violation of any provision of Chapter 2907. of the	400
Revised Code.	401

(vi) In committing the offense, the offender attempted to	402
cause or made an actual threat of physical harm to a person with a	403
deadly weapon.	404

(vii) In committing the offense, the offender attempted to	405
cause or made an actual threat of physical harm to a person, and	406
the offender previously was convicted of an offense that caused	407
physical harm to a person.	408

(viii) The offender held a public office or position of	409
trust, and the offense related to that office or position; the	410
offender's position obliged the offender to prevent the offense or	411
to bring those committing it to justice; or the offender's	412
professional reputation or position facilitated the offense or was	413
likely to influence the future conduct of others.	414

(ix) The offender committed the offense for hire or as part	415
of an organized criminal activity.	416

(x) The offender at the time of the offense was serving, or	417
the offender previously had served, a prison term.	418

(xi) The offender committed the offense while under a	419
community control sanction, while on probation, or while released	420
from custody on a bond or personal recognizance.	421

(c) If a court that is sentencing an offender who is	422
convicted of or pleads guilty to a felony of the fourth or fifth	423
degree that is not an offense of violence believes that no	424
community control sanctions are available for its use that, if	425
imposed on the offender, will adequately fulfill the overriding	426
principles and purposes of sentencing, the court shall contact the	427
department of rehabilitation and correction and ask the department	428
to provide the court with the names of, contact information for,	429
and program details of one or more community control sanctions of	430
at least one year's duration that are available for persons	431
sentenced by the court. Not later than forty-five days after	432
receipt of a request from a court under this division, the	433
department shall provide the court with the names of, contact	434
information for, and program details of one or more community	435
control sanctions of at least one year's duration that are	436
available for persons sentenced by the court, if any. Upon making	437
a request under this division that relates to a particular	438
offender, a court shall defer sentencing of that offender until it	439
receives from the department the names of, contact information	440
for, and program details of one or more community control	441
sanctions of at least one year's duration that are available for	442
persons sentenced by the court or for forty-five days, whichever	443
is the earlier.	444

If the department provides the court with the names of,	445
contact information for, and program details of one or more	446
community control sanctions of at least one year's duration that	447
are available for persons sentenced by the court within the	448
forty-five-day period specified in this division, the court shall	449
impose upon the offender a community control sanction under	450
division (B)(1)(a) of this section, subject to divisions	451
(B)(1)(b)(i) and (ii) of this section. If the department does not	452
provide the court with the names of, contact information for, and	453
program details of one or more community control sanctions of at	454
least one year's duration that are available for persons sentenced	455
by the court within the forty-five-day period specified in this	456
division, the court may impose upon the offender a prison term	457
under division (B)(1)(b)(iii)(iv) of this section.	458

(d) A sentencing court may impose an additional penalty under	459
division (B) of section 2929.15 of the Revised Code upon an	460
offender sentenced to a community control sanction under division	461
(B)(1)(a) of this section if the offender violates the conditions	462
of the community control sanction, violates a law, or leaves the	463
state without the permission of the court or the offender's	464
probation officer.	465

(2) If division (B)(1) of this section does not apply, except	466
as provided in division (B)(3), (E), (F), or (G) of this section,	467
in sentencing an offender for a felony of the fourth or fifth	468
degree, the sentencing court shall determine whether any of the	469
following apply:	470

(a) In committing the offense, the offender caused physical	471
harm to a person.	472

(b) In committing the offense, the offender attempted to	473
cause or made an actual threat of physical harm to a person with a	474
deadly weapon.	475

(c) In committing the offense, the offender attempted to	476
cause or made an actual threat of physical harm to a person, and	477
the offender previously was convicted of an offense that caused	478
physical harm to a person.	479

(d) The offender held a public office or position of trust	480
and the offense related to that office or position; the offender's	481
position obliged the offender to prevent the offense or to bring	482
those committing it to justice; or the offender's professional	483
reputation or position facilitated the offense or was likely to	484
influence the future conduct of others.	485

(e) The offender committed the offense for hire or as part of	486
an organized criminal activity.	487

(f) The offense is a sex offense that is a fourth or fifth	488
degree felony violation of section 2907.03, 2907.04, 2907.05,	489
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	490
Revised Code.	491

(g) The offender at the time of the offense was serving, or	492
the offender previously had served, a prison term.	493

(h) The offender committed the offense while under a	494
community control sanction, while on probation, or while released	495
from custody on a bond or personal recognizance.	496

(i) The offender committed the offense while in possession of	497
a firearm.	498

(3)(a) If the court makes a finding described in division	499
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	500
section and if the court, after considering the factors set forth	501
in section 2929.12 of the Revised Code, finds that a prison term	502
is consistent with the purposes and principles of sentencing set	503
forth in section 2929.11 of the Revised Code and finds that the	504
offender is not amenable to an available community control	505
sanction, the court shall impose a prison term upon the offender.	506

(b) Except as provided in division (E), (F), or (G) of this	507
section, if the court does not make a finding described in	508
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	509
this section and if the court, after considering the factors set	510
forth in section 2929.12 of the Revised Code, finds that a	511
community control sanction or combination of community control	512
sanctions is consistent with the purposes and principles of	513
sentencing set forth in section 2929.11 of the Revised Code, the	514
court shall impose a community control sanction or combination of	515
community control sanctions upon the offenderdetermining whether	516
to impose a prison term as a sanction for a felony of the fourth	517
or fifth degree, the sentencing court shall comply with the	518
purposes and principles of sentencing under section 2929.11 of the	519
Revised Code and with section 2929.12 of the Revised Code.	520

(C) Except as provided in division (D), (E), (F), or (G) of	521
this section, in determining whether to impose a prison term as a	522
sanction for a felony of the third degree or a felony drug offense	523
that is a violation of a provision of Chapter 2925. of the Revised	524
Code and that is specified as being subject to this division for	525
purposes of sentencing, the sentencing court shall comply with the	526
purposes and principles of sentencing under section 2929.11 of the	527
Revised Code and with section 2929.12 of the Revised Code.	528

(D)(1) Except as provided in division (E) or (F) of this	529
section, for a felony of the first or second degree, for a felony	530
drug offense that is a violation of any provision of Chapter	531
2925., 3719., or 4729. of the Revised Code for which a presumption	532
in favor of a prison term is specified as being applicable, and	533
for a violation of division (A)(4) or (B) of section 2907.05 of	534
the Revised Code for which a presumption in favor of a prison term	535
is specified as being applicable, it is presumed that a prison	536
term is necessary in order to comply with the purposes and	537
principles of sentencing under section 2929.11 of the Revised	538
Code. Division (D)(2) of this section does not apply to a	539
presumption established under this division for a violation of	540
division (A)(4) of section 2907.05 of the Revised Code.	541

(2) Notwithstanding the presumption established under	542
division (D)(1) of this section for the offenses listed in that	543
division other than a violation of division (A)(4) or (B) of	544
section 2907.05 of the Revised Code, the sentencing court may	545
impose a community control sanction or a combination of community	546
control sanctions instead of a prison term on an offender for a	547
felony of the first or second degree or for a felony drug offense	548
that is a violation of any provision of Chapter 2925., 3719., or	549
4729. of the Revised Code for which a presumption in favor of a	550
prison term is specified as being applicable if it makes both of	551
the following findings:	552

(a) A community control sanction or a combination of	553
community control sanctions would adequately punish the offender	554
and protect the public from future crime, because the applicable	555
factors under section 2929.12 of the Revised Code indicating a	556
lesser likelihood of recidivism outweigh the applicable factors	557
under that section indicating a greater likelihood of recidivism.	558

(b) A community control sanction or a combination of	559
community control sanctions would not demean the seriousness of	560
the offense, because one or more factors under section 2929.12 of	561
the Revised Code that indicate that the offender's conduct was	562
less serious than conduct normally constituting the offense are	563
applicable, and they outweigh the applicable factors under that	564
section that indicate that the offender's conduct was more serious	565
than conduct normally constituting the offense.	566

(E)(1) Except as provided in division (F) of this section,	567
for any drug offense that is a violation of any provision of	568
Chapter 2925. of the Revised Code and that is a felony of the	569
third, fourth, or fifth degree, the applicability of a presumption	570
under division (D) of this section in favor of a prison term or of	571
division (B) or (C) of this section in determining whether to	572
impose a prison term for the offense shall be determined as	573
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	574
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	575
Revised Code, whichever is applicable regarding the violation.	576

(2) If an offender who was convicted of or pleaded guilty to	577
a felony violates the conditions of a community control sanction	578
imposed for the offense solely by reason of producing positive	579
results on a drug test, the court, as punishment for the violation	580
of the sanction, shall not order that the offender be imprisoned	581
unless the court determines on the record either of the following:	582

(a) The offender had been ordered as a sanction for the	583
felony to participate in a drug treatment program, in a drug	584
education program, or in narcotics anonymous or a similar program,	585
and the offender continued to use illegal drugs after a reasonable	586
period of participation in the program.	587

(b) The imprisonment of the offender for the violation is	588
consistent with the purposes and principles of sentencing set	589
forth in section 2929.11 of the Revised Code.	590

(3) A court that sentences an offender for a drug abuse	591
offense that is a felony of the third, fourth, or fifth degree may	592
require that the offender be assessed by a properly credentialed	593
professional within a specified period of time. The court shall	594
require the professional to file a written assessment of the	595
offender with the court. If the offender is eligible for a	596
community control sanction and after considering the written	597
assessment, the court may impose a community control sanction that	598
includes treatment and recovery support services authorized by	599
section 3793.02 of the Revised Code. If the court imposes	600
treatment and recovery support services as a community control	601
sanction, the court shall direct the level and type of treatment	602
and recovery support services after considering the assessment and	603
recommendation of treatment and recovery support services	604
providers.	605

(F) Notwithstanding divisions (A) to (E) of this section, the	606
court shall impose a prison term or terms under sections 2929.02	607
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	608
of the Revised Code and except as specifically provided in section	609
2929.20, divisions (C) to (I) of section 2967.19, or section	610
2967.191 of the Revised Code or when parole is authorized for the	611
offense under section 2967.13 of the Revised Code shall not reduce	612
the term or terms pursuant to section 2929.20, section 2967.19,	613
section 2967.193, or any other provision of Chapter 2967. or	614
Chapter 5120. of the Revised Code for any of the following	615
offenses:	616

(1) Aggravated murder when death is not imposed or murder;

617

(2) Any rape, regardless of whether force was involved and	618
regardless of the age of the victim, or an attempt to commit rape	619
if, had the offender completed the rape that was attempted, the	620
offender would have been guilty of a violation of division	621
(A)(1)(b) of section 2907.02 of the Revised Code and would be	622
sentenced under section 2971.03 of the Revised Code;	623

(3) Gross sexual imposition or sexual battery, if the victim	624
is less than thirteen years of age and if any of the following	625
applies:	626

(a) Regarding gross sexual imposition, the offender	627
previously was convicted of or pleaded guilty to rape, the former	628
offense of felonious sexual penetration, gross sexual imposition,	629
or sexual battery, and the victim of the previous offense was less	630
than thirteen years of age;	631

(b) Regarding gross sexual imposition, the offense was	632
committed on or after August 3, 2006, and evidence other than the	633
testimony of the victim was admitted in the case corroborating the	634
violation.	635

(c) Regarding sexual battery, either of the following	636
applies:	637

(i) The offense was committed prior to August 3, 2006, the	638
offender previously was convicted of or pleaded guilty to rape,	639
the former offense of felonious sexual penetration, or sexual	640
battery, and the victim of the previous offense was less than	641
thirteen years of age.	642

(ii) The offense was committed on or after August 3, 2006.

643

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	644
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	645
if the section requires the imposition of a prison term;	646

(5) A first, second, or third degree felony drug offense for	647
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	648
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	649
4729.99 of the Revised Code, whichever is applicable regarding the	650
violation, requires the imposition of a mandatory prison term;	651

(6) Any offense that is a first or second degree felony and	652
that is not set forth in division (F)(1), (2), (3), or (4) of this	653
section, if the offender previously was convicted of or pleaded	654
guilty to aggravated murder, murder, any first or second degree	655
felony, or an offense under an existing or former law of this	656
state, another state, or the United States that is or was	657
substantially equivalent to one of those offenses;	658

(7) Any offense that is a third degree felony and either is a	659
violation of section 2903.04 of the Revised Code or an attempt to	660
commit a felony of the second degree that is an offense of	661
violence and involved an attempt to cause serious physical harm to	662
a person or that resulted in serious physical harm to a person if	663
the offender previously was convicted of or pleaded guilty to any	664
of the following offenses:	665

(a) Aggravated murder, murder, involuntary manslaughter,	666
rape, felonious sexual penetration as it existed under section	667
2907.12 of the Revised Code prior to September 3, 1996, a felony	668
of the first or second degree that resulted in the death of a	669
person or in physical harm to a person, or complicity in or an	670
attempt to commit any of those offenses;	671

(b) An offense under an existing or former law of this state,	672
another state, or the United States that is or was substantially	673
equivalent to an offense listed in division (F)(7)(a) of this	674
section that resulted in the death of a person or in physical harm	675
to a person.	676

(8) Any offense, other than a violation of section 2923.12 of	677
the Revised Code, that is a felony, if the offender had a firearm	678
on or about the offender's person or under the offender's control	679
while committing the felony, with respect to a portion of the	680
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	681
of the Revised Code for having the firearm;	682

(9) Any offense of violence that is a felony, if the offender	683
wore or carried body armor while committing the felony offense of	684
violence, with respect to the portion of the sentence imposed	685
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	686
Code for wearing or carrying the body armor;	687

(10) Corrupt activity in violation of section 2923.32 of the	688
Revised Code when the most serious offense in the pattern of	689
corrupt activity that is the basis of the offense is a felony of	690
the first degree;	691

(11) Any violent sex offense or designated homicide, assault,	692
or kidnapping offense if, in relation to that offense, the	693
offender is adjudicated a sexually violent predator;	694

(12) A violation of division (A)(1) or (2) of section 2921.36	695
of the Revised Code, or a violation of division (C) of that	696
section involving an item listed in division (A)(1) or (2) of that	697
section, if the offender is an officer or employee of the	698
department of rehabilitation and correction;	699

(13) A violation of division (A)(1) or (2) of section 2903.06	700
of the Revised Code if the victim of the offense is a peace	701
officer, as defined in section 2935.01 of the Revised Code, or an	702
investigator of the bureau of criminal identification and	703
investigation, as defined in section 2903.11 of the Revised Code,	704
with respect to the portion of the sentence imposed pursuant to	705
division (B)(5) of section 2929.14 of the Revised Code;	706

(14) A violation of division (A)(1) or (2) of section 2903.06	707
of the Revised Code if the offender has been convicted of or	708
pleaded guilty to three or more violations of division (A) or (B)	709
of section 4511.19 of the Revised Code or an equivalent offense,	710
as defined in section 2941.1415 of the Revised Code, or three or	711
more violations of any combination of those divisions and	712
offenses, with respect to the portion of the sentence imposed	713
pursuant to division (B)(6) of section 2929.14 of the Revised	714
Code;	715

(15) Kidnapping, in the circumstances specified in section	716
2971.03 of the Revised Code and when no other provision of	717
division (F) of this section applies;	718

(16) Kidnapping, abduction, compelling prostitution,	719
promoting prostitution, engaging in a pattern of corrupt activity,	720
illegal use of a minor in a nudity-oriented material or	721
performance in violation of division (A)(1) or (2) of section	722
2907.323 of the Revised Code, or endangering children in violation	723
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	724
the Revised Code, if the offender is convicted of or pleads guilty	725
to a specification as described in section 2941.1422 of the	726
Revised Code that was included in the indictment, count in the	727
indictment, or information charging the offense;	728

(17) A felony violation of division (A) or (B) of section	729
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	730
that section, and division (D)(6) of that section, require the	731
imposition of a prison term;	732

(18) A felony violation of section 2903.11, 2903.12, or	733
2903.13 of the Revised Code, if the victim of the offense was a	734
woman that the offender knew was pregnant at the time of the	735
violation, with respect to a portion of the sentence imposed	736
pursuant to division (B)(8) of section 2929.14 of the Revised	737
Code.	738

(G) Notwithstanding divisions (A) to (E) of this section, if	739
an offender is being sentenced for a fourth degree felony OVI	740
offense or for a third degree felony OVI offense, the court shall	741
impose upon the offender a mandatory term of local incarceration	742
or a mandatory prison term in accordance with the following:	743

(1) If the offender is being sentenced for a fourth degree	744
felony OVI offense and if the offender has not been convicted of	745
and has not pleaded guilty to a specification of the type	746
described in section 2941.1413 of the Revised Code, the court may	747
impose upon the offender a mandatory term of local incarceration	748
of sixty days or one hundred twenty days as specified in division	749
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	750
not reduce the term pursuant to section 2929.20, 2967.193, or any	751
other provision of the Revised Code. The court that imposes a	752
mandatory term of local incarceration under this division shall	753
specify whether the term is to be served in a jail, a	754
community-based correctional facility, a halfway house, or an	755
alternative residential facility, and the offender shall serve the	756
term in the type of facility specified by the court. A mandatory	757
term of local incarceration imposed under division (G)(1) of this	758
section is not subject to any other Revised Code provision that	759
pertains to a prison term except as provided in division (A)(1) of	760
this section.	761

(2) If the offender is being sentenced for a third degree	762
felony OVI offense, or if the offender is being sentenced for a	763
fourth degree felony OVI offense and the court does not impose a	764
mandatory term of local incarceration under division (G)(1) of	765
this section, the court shall impose upon the offender a mandatory	766
prison term of one, two, three, four, or five years if the	767
offender also is convicted of or also pleads guilty to a	768
specification of the type described in section 2941.1413 of the	769
Revised Code or shall impose upon the offender a mandatory prison	770
term of sixty days or one hundred twenty days as specified in	771
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	772
if the offender has not been convicted of and has not pleaded	773
guilty to a specification of that type. Subject to divisions (C)	774
to (I) of section 2967.19 of the Revised Code, the court shall not	775
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	776
any other provision of the Revised Code. The offender shall serve	777
the one-, two-, three-, four-, or five-year mandatory prison term	778
consecutively to and prior to the prison term imposed for the	779
underlying offense and consecutively to any other mandatory prison	780
term imposed in relation to the offense. In no case shall an	781
offender who once has been sentenced to a mandatory term of local	782
incarceration pursuant to division (G)(1) of this section for a	783
fourth degree felony OVI offense be sentenced to another mandatory	784
term of local incarceration under that division for any violation	785
of division (A) of section 4511.19 of the Revised Code. In	786
addition to the mandatory prison term described in division (G)(2)	787
of this section, the court may sentence the offender to a	788
community control sanction under section 2929.16 or 2929.17 of the	789
Revised Code, but the offender shall serve the prison term prior	790
to serving the community control sanction. The department of	791
rehabilitation and correction may place an offender sentenced to a	792
mandatory prison term under this division in an intensive program	793
prison established pursuant to section 5120.033 of the Revised	794
Code if the department gave the sentencing judge prior notice of	795
its intent to place the offender in an intensive program prison	796
established under that section and if the judge did not notify the	797
department that the judge disapproved the placement. Upon the	798
establishment of the initial intensive program prison pursuant to	799
section 5120.033 of the Revised Code that is privately operated	800
and managed by a contractor pursuant to a contract entered into	801
under section 9.06 of the Revised Code, both of the following	802
apply:	803

(a) The department of rehabilitation and correction shall	804
make a reasonable effort to ensure that a sufficient number of	805
offenders sentenced to a mandatory prison term under this division	806
are placed in the privately operated and managed prison so that	807
the privately operated and managed prison has full occupancy.	808

(b) Unless the privately operated and managed prison has full	809
occupancy, the department of rehabilitation and correction shall	810
not place any offender sentenced to a mandatory prison term under	811
this division in any intensive program prison established pursuant	812
to section 5120.033 of the Revised Code other than the privately	813
operated and managed prison.	814

(H) If an offender is being sentenced for a sexually oriented	815
offense or child-victim oriented offense that is a felony	816
committed on or after January 1, 1997, the judge shall require the	817
offender to submit to a DNA specimen collection procedure pursuant	818
to section 2901.07 of the Revised Code.	819

(I) If an offender is being sentenced for a sexually oriented	820
offense or a child-victim oriented offense committed on or after	821
January 1, 1997, the judge shall include in the sentence a summary	822
of the offender's duties imposed under sections 2950.04, 2950.041,	823
2950.05, and 2950.06 of the Revised Code and the duration of the	824
duties. The judge shall inform the offender, at the time of	825
sentencing, of those duties and of their duration. If required	826
under division (A)(2) of section 2950.03 of the Revised Code, the	827
judge shall perform the duties specified in that section, or, if	828
required under division (A)(6) of section 2950.03 of the Revised	829
Code, the judge shall perform the duties specified in that	830
division.	831

(J)(1) Except as provided in division (J)(2) of this section,	832
when considering sentencing factors under this section in relation	833
to an offender who is convicted of or pleads guilty to an attempt	834
to commit an offense in violation of section 2923.02 of the	835
Revised Code, the sentencing court shall consider the factors	836
applicable to the felony category of the violation of section	837
2923.02 of the Revised Code instead of the factors applicable to	838
the felony category of the offense attempted.	839

(2) When considering sentencing factors under this section in	840
relation to an offender who is convicted of or pleads guilty to an	841
attempt to commit a drug abuse offense for which the penalty is	842
determined by the amount or number of unit doses of the controlled	843
substance involved in the drug abuse offense, the sentencing court	844
shall consider the factors applicable to the felony category that	845
the drug abuse offense attempted would be if that drug abuse	846
offense had been committed and had involved an amount or number of	847
unit doses of the controlled substance that is within the next	848
lower range of controlled substance amounts than was involved in	849
the attempt.	850

(K) As used in this section, "drug abuse offense" has the	851
same meaning as in section 2925.01 of the Revised Code.	852

(L) At the time of sentencing an offender for any sexually	853
oriented offense, if the offender is a tier III sex	854
offender/child-victim offender relative to that offense and the	855
offender does not serve a prison term or jail term, the court may	856
require that the offender be monitored by means of a global	857
positioning device. If the court requires such monitoring, the	858
cost of monitoring shall be borne by the offender. If the offender	859
is indigent, the cost of compliance shall be paid by the crime	860
victims reparations fund.	861

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

862

(1)(a) Except as provided in division (A)(1)(b) of this	863
section, "eligible offender" means any person who, on or after	864
April 7, 2009, is serving a stated prison term that includes one	865
or more nonmandatory prison terms.	866

(b) "Eligible offender" does not include any person who, on	867
or after April 7, 2009, is serving a stated prison term for any of	868
the following criminal offenses that was a felony and was	869
committed while the person held a public office in this state:	870

(i) A violation of section 2921.02, 2921.03, 2921.05,	871
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	872
Code;	873

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	874
2921.12 of the Revised Code, when the conduct constituting the	875
violation was related to the duties of the offender's public	876
office or to the offender's actions as a public official holding	877
that public office;	878

(iii) A violation of an existing or former municipal	879
ordinance or law of this or any other state or the United States	880
that is substantially equivalent to any violation listed in	881
division (A)(1)(b)(i) of this section;	882

(iv) A violation of an existing or former municipal ordinance	883
or law of this or any other state or the United States that is	884
substantially equivalent to any violation listed in division	885
(A)(1)(b)(ii) of this section, when the conduct constituting the	886
violation was related to the duties of the offender's public	887
office or to the offender's actions as a public official holding	888
that public office;	889

(v) A conspiracy to commit, attempt to commit, or complicity	890
in committing any offense listed in division (A)(1)(b)(i) or	891
described in division (A)(1)(b)(iii) of this section;	892

(vi) A conspiracy to commit, attempt to commit, or complicity	893
in committing any offense listed in division (A)(1)(b)(ii) or	894
described in division (A)(1)(b)(iv) of this section, if the	895
conduct constituting the offense that was the subject of the	896
conspiracy, that would have constituted the offense attempted, or	897
constituting the offense in which the offender was complicit was	898
or would have been related to the duties of the offender's public	899
office or to the offender's actions as a public official holding	900
that public office.	901

(2) "Nonmandatory prison term" means a prison term that is	902
not a mandatory prison term.	903

(3) "Public office" means any elected federal, state, or	904
local government office in this state.	905

(4) "Victim's representative" has the same meaning as in	906
section 2930.01 of the Revised Code.	907

(B) On the motion of an eligible offender or upon its own	908
motion, the sentencing court may reduce the eligible offender's	909
aggregated nonmandatory prison term or terms through a judicial	910
release under this section.	911

(C) An eligible offender may file a motion for judicial	912
release with the sentencing court within the following applicable	913
periods:	914

(1) If the aggregated nonmandatory prison term or terms is	915
less than two years, the eligible offender may file the motion not	916
earlier than thirty days after the offender is delivered to a	917
state correctional institution or, if the prison term includes a	918
mandatory prison term or terms, not earlier than thirty days after	919
the expiration of all mandatory prison terms.	920

(2) If the aggregated nonmandatory prison term or terms is at	921
least two years but less than five years, the eligible offender	922
may file the motion not earlier than one hundred eighty days after	923
the offender is delivered to a state correctional institution or,	924
if the prison term includes a mandatory prison term or terms, not	925
earlier than one hundred eighty days after the expiration of all	926
mandatory prison terms.	927

(3) If the aggregated nonmandatory prison term or terms is	928
five years, the eligible offender may file the motion not earlier	929
than four years after the eligible offender is delivered to a	930
state correctional institution or, if the prison term includes a	931
mandatory prison term or terms, not earlier than four years after	932
the expiration of all mandatory prison terms.	933

(4) If the aggregated nonmandatory prison term or terms is	934
more than five years but not more than ten years, the eligible	935
offender may file the motion not earlier than five years after the	936
eligible offender is delivered to a state correctional institution	937
or, if the prison term includes a mandatory prison term or terms,	938
not earlier than five years after the expiration of all mandatory	939
prison terms.	940

(5) If the aggregated nonmandatory prison term or terms is	941
more than ten years, the eligible offender may file the motion not	942
earlier than the later of the date on which the offender has	943
served one-half of the offender's stated prison term or the date	944
specified in division (C)(4) of this section.	945

(D) Upon receipt of a timely motion for judicial release	946
filed by an eligible offender under division (C) of this section	947
or upon the sentencing court's own motion made within the	948
appropriate time specified in that division, the court may deny	949
the motion without a hearing or schedule a hearing on the motion.	950
The court shall not grant the motion without a hearing. If a court	951
denies a motion without a hearing, the court later may consider	952
judicial release for that eligible offender on a subsequent motion	953
filed by that eligible offender unless the court denies the motion	954
with prejudice. If a court denies a motion with prejudice, the	955
court may later consider judicial release on its own motion. If a	956
court denies a motion after a hearing, the court shall not	957
consider a subsequent motion for that eligible offender. The court	958
shall hold only one hearing for any eligible offender.	959

A hearing under this section shall be conducted in open court	960
withinnot less than thirty or more than sixty days after the	961
motion is filed, provided that the court may delay the hearing for	962
one hundred eighty additional days. If the court holds a hearing,	963
the court shall enter a ruling on the motion within ten days after	964
the hearing. If the court denies the motion without a hearing, the	965
court shall enter its ruling on the motion within sixty days after	966
the motion is filed.	967

(E) If a court schedules a hearing under division (D) of this	968
section, the court shall notify the eligible offender and the head	969
of the state correctional institution in which the eligible	970
offender is confined prior to the hearing. The head of the state	971
correctional institution immediately shall notify the appropriate	972
person at the department of rehabilitation and correction of the	973
hearing, and the department within twenty-four hours after receipt	974
of the notice, shall post on the database it maintains pursuant to	975
section 5120.66 of the Revised Code the offender's name and all of	976
the information specified in division (A)(1)(c)(i) of that	977
section. If the court schedules a hearing for judicial release,	978
the court promptly shall give notice of the hearing to the	979
prosecuting attorney of the county in which the eligible offender	980
was indicted. Upon receipt of the notice from the court, the	981
prosecuting attorney shall do whichever of the following is	982
applicable:	983

(1) Subject to division (E)(2) of this section, notify the	984
victim of the offense or the victim's representative pursuant to	985
division (B) of section 2930.16 of the Revised Code;	986

(2) If the offense was an offense of violence that is a	987
felony of the first, second, or third degree, except as otherwise	988
provided in this division, notify the victim or the victim's	989
representative of the hearing regardless of whether the victim or	990
victim's representative has requested the notification. The notice	991
of the hearing shall not be given under this division to a victim	992
or victim's representative if the victim or victim's	993
representative has requested pursuant to division (B)(2) of	994
section 2930.03 of the Revised Code that the victim or the	995
victim's representative not be provided the notice. If notice is	996
to be provided to a victim or victim's representative under this	997
division, the prosecuting attorney may give the notice by any	998
reasonable means, including regular mail, telephone, and	999
electronic mail, in accordance with division (D)(1) of section	1000
2930.16 of the Revised Code. If the notice is based on an offense	1001
committed prior to the effective date of this amendment, the	1002
notice also shall include the opt-out information described in	1003
division (D)(1) of section 2930.16 of the Revised Code. The	1004
prosecuting attorney, in accordance with division (D)(2) of	1005
section 2930.16 of the Revised Code, shall keep a record of all	1006
attempts to provide the notice, and of all notices provided, under	1007
this division. Division (E)(2) of this section, and the	1008
notice-related provisions of division (K) of this section,	1009
division (D)(1) of section 2930.16, division (H) of section	1010
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b)	1011
of section 2967.26, division (D)(1) of section 2967.28, and	1012
division (A)(2) of section 5149.101 of the Revised Code enacted in	1013
the act in which division (E)(2) of this section was enacted,	1014
shall be known as "Roberta's Law."	1015

(F) Upon an offender's successful completion of	1016
rehabilitative activities, the head of the state correctional	1017
institution may notify the sentencing court of the successful	1018
completion of the activities.	1019

(G) Prior to the date of the hearing on a motion for judicial	1020
release under this section, the head of the state correctional	1021
institution in which the eligible offender is confined shall send	1022
to the court aan institutional summary report on the eligible	1023
offender's conduct in the institution and in any institution from	1024
which the eligible offender may have been transferred. Upon the	1025
request of the prosecuting attorney of the county in which the	1026
eligible offender was indicted or of any law enforcement agency,	1027
the head of the state correctional institution, at the same time	1028
the person sends the institutional summary report to the court,	1029
also shall send a copy of the report to the requesting prosecuting	1030
attorney and law enforcement agencies. The institutional summary	1031
report shall cover the eligible offender's participation in	1032
school, vocational training, work, treatment, and other	1033
rehabilitative activities and any disciplinary action taken	1034
against the eligible offender. The report shall be made part of	1035
the record of the hearing.	1036

(H) If the court grants a hearing on a motion for judicial	1037
release under this section, the eligible offender shall attend the	1038
hearing if ordered to do so by the court. Upon receipt of a copy	1039
of the journal entry containing the order, the head of the state	1040
correctional institution in which the eligible offender is	1041
incarcerated shall deliver the eligible offender to the sheriff of	1042
the county in which the hearing is to be held. The sheriff shall	1043
convey the eligible offender to and from the hearing.	1044

(I) At the hearing on a motion for judicial release under	1045
this section, the court shall afford the eligible offender and the	1046
eligible offender's attorney an opportunity to present written	1047
and, if present, oral information relevant to the motion. The	1048
court shall afford a similar opportunity to the prosecuting	1049
attorney, the victim or the victim's representative, as defined in	1050
section 2930.01 of the Revised Code, and any other person the	1051
court determines is likely to present additional relevant	1052
information. The court shall consider any statement of a victim	1053
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	1054
any victim impact statement prepared pursuant to section 2947.051	1055
of the Revised Code, and any report made under division (G) of	1056
this section. The court may consider any written statement of any	1057
person submitted to the court pursuant to division (L) of this	1058
section. After ruling on the motion, the court shall notify the	1059
victim of the ruling in accordance with sections 2930.03 and	1060
2930.16 of the Revised Code.	1061

(J)(1) A court shall not grant a judicial release under this	1062
section to an eligible offender who is imprisoned for a felony of	1063
the first or second degree, or to an eligible offender who	1064
committed an offense under Chapter 2925. or 3719. of the Revised	1065
Code and for whom there was a presumption under section 2929.13 of	1066
the Revised Code in favor of a prison term, unless the court, with	1067
reference to factors under section 2929.12 of the Revised Code,	1068
finds both of the following:	1069

(a) That a sanction other than a prison term would adequately	1070
punish the offender and protect the public from future criminal	1071
violations by the eligible offender because the applicable factors	1072
indicating a lesser likelihood of recidivism outweigh the	1073
applicable factors indicating a greater likelihood of recidivism;	1074

(b) That a sanction other than a prison term would not demean	1075
the seriousness of the offense because factors indicating that the	1076
eligible offender's conduct in committing the offense was less	1077
serious than conduct normally constituting the offense outweigh	1078
factors indicating that the eligible offender's conduct was more	1079
serious than conduct normally constituting the offense.	1080

(2) A court that grants a judicial release to an eligible	1081
offender under division (J)(1) of this section shall specify on	1082
the record both findings required in that division and also shall	1083
list all the factors described in that division that were	1084
presented at the hearing.	1085

(K) If the court grants a motion for judicial release under	1086
this section, the court shall order the release of the eligible	1087
offender, shall place the eligible offender under an appropriate	1088
community control sanction, under appropriate conditions, and	1089
under the supervision of the department of probation serving the	1090
court and shall reserve the right to reimpose the sentence that it	1091
reduced if the offender violates the sanction. If the court	1092
reimposes the reduced sentence, it may do so either concurrently	1093
with, or consecutive to, any new sentence imposed upon the	1094
eligible offender as a result of the violation that is a new	1095
offense. The period of community control shall be no longer than	1096
five years. The court, in its discretion, may reduce the period of	1097
community control by the amount of time the eligible offender	1098
spent in jail or prison for the offense and in prison. If the	1099
court made any findings pursuant to division (J)(1) of this	1100
section, the court shall serve a copy of the findings upon counsel	1101
for the parties within fifteen days after the date on which the	1102
court grants the motion for judicial release.	1103

If the court grants a motion for judicial release, the court	1104
shall notify the appropriate person at the department of	1105
rehabilitation and correction, and the department shall post	1106
notice of the release on the database it maintains pursuant to	1107
section 5120.66 of the Revised Code. The court also shall notify	1108
the prosecuting attorney of the county in which the eligible	1109
offender was indicted that the motion has been granted. Unless the	1110
victim or the victim's representative has requested pursuant to	1111
division (B)(2) of section 2930.03 of the Revised Code that the	1112
victim or victim's representative not be provided the notice, the	1113
prosecuting attorney shall notify the victim or the victim's	1114
representative of the judicial release in any manner, and in	1115
accordance with the same procedures, pursuant to which the	1116
prosecuting attorney is authorized to provide notice of the	1117
hearing pursuant to division (E)(2) of this section. If the notice	1118
is based on an offense committed prior to the effective date of	1119
this amendment, the notice to the victim or victim's	1120
representative also shall include the opt-out information	1121
described in division (D)(1) of section 2930.16 of the Revised	1122
Code.	1123

(L) In addition to and independent of the right of a victim	1124
to make a statement pursuant to section 2930.14, 2930.17, or	1125
2946.051 of the Revised Code and any right of a person to present	1126
written information or make a statement pursuant to division (I)	1127
of this section, any person may submit to the court, at any time	1128
prior to the hearing on the offender's motion for judicial	1129
release, a written statement concerning the effects of the	1130
offender's crime or crimes, the circumstances surrounding the	1131
crime or crimes, the manner in which the crime or crimes were	1132
perpetrated, and the person's opinion as to whether the offender	1133
should be released.	1134

(M) The changes to this section that are made on the	1135
effective date of this divisionSeptember 30, 2011, apply to any	1136
judicial release decision made on or after the effective date of	1137
this divisionSeptember 30, 2011, for any eligible offender.	1138

Sec. 2930.03.  (A) A person or entity required or authorized	1139
under this chapter to give notice to a victim shall give the	1140
notice to the victim by any means reasonably calculated to provide	1141
prompt actual notice. Except when a provision requires that notice	1142
is to be given in a specific manner, a notice may be oral or	1143
written.	1144

(B)(1) Except for receipt of the initial information and	1145
notice required to be given to a victim under divisions (A) and	1146
(B) of section 2930.04, section 2930.05, and divisions (A) and (B)	1147
of section 2930.06 of the Revised Code and the notice required to	1148
be given to a victim under division (D) of section 2930.16 of the	1149
Revised Code, a victim who wishes to receive any notice authorized	1150
by this chapter shall make a request for the notice to the	1151
prosecutor or the custodial agency that is to provide the notice,	1152
as specified in this chapter. If the victim does not make a	1153
request as described in this division, the prosecutor or custodial	1154
agency is not required to provide any notice described in this	1155
chapter other than the initial information and notice required to	1156
be given to a victim under divisions (A) and (B) of section	1157
2930.04, section 2930.05, and divisions (A) and (B) of section	1158
2930.06 of the Revised Code and the notice required to be given to	1159
a victim under division (D) of section 2930.16 of the Revised	1160
Code.	1161

(2) A victim who does not wish to receive any of the notices	1162
required to be given to a victim under division (E)(2) or (K) of	1163
section 2929.20, division (D) of section 2930.16, division (H) of	1164
section 2967.12, division (E)(1)(b) of section 2967.19, division	1165
(A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28,	1166
or division (A)(2) of section 5149.101 of the Revised Code shall	1167
make a request to the prosecutor or custodial agency that is to	1168
provide the particular notice that the notice not be provided to	1169
the victim. Unless the victim makes a request as described in this	1170
division, the prosecutor or custodial agency shall provide the	1171
notices required to be given to a victim under division (E)(2) or	1172
(K) of section 2929.20, division (D) of section 2930.16, division	1173
(H) of section 2967.12, division (E)(1)(b) of section 2967.19,	1174
division (A)(3)(b) of section 2967.26, division (D)(1) of section	1175
2967.28, or division (A)(2) of section 5149.101 of the Revised	1176
Code in any manner, and in accordance with the procedures,	1177
specified in the particular division. This division also applies	1178
to a victim's representative or a member of a victim's immediate	1179
family that is authorized to receive any of the notices specified	1180
in this division.	1181

(C) A person or agency that is required to furnish notice	1182
under this chapter shall give the notice to the victim at the	1183
address or telephone number provided to the person or agency by	1184
the victim. A victim who requests to receive notice under this	1185
chapter as described in division (B) of this section shall inform	1186
the person or agency of the name, address, or telephone number of	1187
the victim and of any change to that information.	1188

(D) A person or agency that has furnished information to a	1189
victim in accordance with any requirement or authorization under	1190
this chapter shall notify the victim promptly of any significant	1191
changes to that information.	1192

(E) Divisions (A) to (D) of this section do not apply	1193
regarding a notice that a prosecutor is required to provide under	1194
section 2930.061 of the Revised Code. A prosecutor required to	1195
provide notice under that section shall provide the notice as	1196
specified in that section.	1197

Sec. 2930.06.  (A) The prosecutor in a case, to the extent	1198
practicable, shall confer with the victim in the case before	1199
pretrial diversion is granted to the defendant or alleged juvenile	1200
offender in the case, before amending or dismissing an indictment,	1201
information, or complaint against that defendant or alleged	1202
juvenile offender, before agreeing to a negotiated plea for that	1203
defendant or alleged juvenile offender, before a trial of that	1204
defendant by judge or jury, or before the juvenile court conducts	1205
an adjudicatory hearing for that alleged juvenile offender. If the	1206
juvenile court disposes of a case prior to the prosecutor's	1207
involvement in the case, the court or a court employee shall	1208
notify the victim in the case that the alleged juvenile offender	1209
will be granted pretrial diversion, the complaint against that	1210
alleged juvenile offender will be amended or dismissed, or the	1211
court will conduct an adjudicatory hearing for that alleged	1212
juvenile offender. If the prosecutor fails to confer with the	1213
victim at any of those times, the court, if informed of the	1214
failure, shall note on the record the failure and the prosecutor's	1215
reasons for the failure. A prosecutor's failure to confer with a	1216
victim as required by this division and a court's failure to	1217
provide the notice as required by this division do not affect the	1218
validity of an agreement between the prosecutor and the defendant	1219
or alleged juvenile offender in the case, a pretrial diversion of	1220
the defendant or alleged juvenile offender, an amendment or	1221
dismissal of an indictment, information, or complaint filed	1222
against the defendant or alleged juvenile offender, a plea entered	1223
by the defendant or alleged juvenile defender, an admission	1224
entered by the defendant or alleged juvenile offender, or any	1225
other disposition in the case. A court shall not dismiss a	1226
criminal complaint, charge, information, or indictment or a	1227
delinquent child complaint solely at the request of the victim and	1228
over the objection of the prosecuting attorney, village solicitor,	1229
city director of law, or other chief legal officer responsible for	1230
the prosecution of the case.	1231

(B) After a prosecution in a case has been commenced, the	1232
prosecutor or a designee of the prosecutor other than a court or	1233
court employee, to the extent practicable, promptly shall give the	1234
victim all of the following information, except that, if the	1235
juvenile court disposes of a case prior to the prosecutor's	1236
involvement in the case, the court or a court employee, to the	1237
extent practicable, promptly shall give the victim all of the	1238
following information:	1239

(1) The name of the crime or specified delinquent act with	1240
which the defendant or alleged juvenile offender in the case has	1241
been charged and the name of the defendant or alleged juvenile	1242
offender;	1243

(2) The file number of the case;

1244

(3) A brief statement regarding the procedural steps in a	1245
criminal prosecution or delinquency proceeding involving a crime	1246
or specified delinquent act similar to the crime or specified	1247
delinquent act with which the defendant or alleged juvenile	1248
offender has been charged and the right of the victim to be	1249
present during all proceedings held throughout the prosecution of	1250
the case;	1251

(4) A summary of the rights of a victim under this chapter;

1252

(5) Procedures the victim or the prosecutor may follow if the	1253
victim becomes subject to threats or intimidation by the	1254
defendant, alleged juvenile offender, or any other person;	1255

(6) The name and business telephone number of a person to	1256
contact for further information with respect to the case;	1257

(7) The right of the victim to have a victim's representative	1258
exercise the victim's rights under this chapter in accordance with	1259
section 2930.02 of the Revised Code and the procedure by which a	1260
victim's representative may be designated;	1261

(8) Notice that any notification under division (C) of this	1262
section, sections 2930.07 to 2930.15, division (A), (B), or (C) of	1263
section 2930.16, sections 2930.17 to 2930.19, and section 5139.56	1264
of the Revised Code will be given to the victim only if the victim	1265
asks to receive the notification and that notice under division	1266
(E)(2) or (K) of section 2929.20, division (D) of section 2930.16,	1267
division (H) of section 2967.12, division (E)(1)(b) of section	1268
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	1269
section 2967.28, or division (A)(2) of section 5149.101 of the	1270
Revised Code will be given unless the victim asks that the	1271
notification not be provided.	1272

(C) Upon the request of the victim, the prosecutor or, if it	1273
is a delinquency proceeding and a prosecutor is not involved in	1274
the case, the court shall give the victim notice of the date,	1275
time, and place of any scheduled criminal or juvenile proceedings	1276
in the case and notice of any changes in those proceedings or in	1277
the schedule in the case.	1278

(D) A victim who requests notice under division (C) of this	1279
section and who elects pursuant to division (B) of section 2930.03	1280
of the Revised Code to receive any further notice from the	1281
prosecutor or, if it is a delinquency proceeding and a prosecutor	1282
is not involved in the case, the court under this chapter shall	1283
keep the prosecutor or the court informed of the victim's current	1284
address and telephone number until the case is dismissed or	1285
terminated, the defendant is acquitted or sentenced, the	1286
delinquent child complaint is dismissed, the defendant is	1287
adjudicated a delinquent child, or the appellate process is	1288
completed, whichever is the final disposition in the case.	1289

(E) If a defendant is charged with the commission of a	1290
misdemeanor offense that is not identified in division (A)(2) of	1291
section 2930.01 of the Revised Code and if a police report or a	1292
complaint, indictment, or information that charges the commission	1293
of that offense and provides the basis for a criminal prosecution	1294
of that defendant identifies one or more individuals as	1295
individuals against whom that offense was committed, after a	1296
prosecution in the case has been commenced, the prosecutor or a	1297
designee of the prosecutor other than a court or court employee,	1298
to the extent practicable, promptly shall notify each of the	1299
individuals so identified in the report, complaint, indictment, or	1300
information that, if the defendant is convicted of or pleads	1301
guilty to the offense, the individual may make an oral or written	1302
statement to the court hearing the case regarding the sentence to	1303
be imposed upon the defendant and that the court must consider any	1304
statement so made that is relevant. Before imposing sentence in	1305
the case, the court shall permit the individuals so identified in	1306
the report, complaint, indictment, or information to make an oral	1307
or written statement. Division (A) of section 2930.14 of the	1308
Revised Code applies regarding any statement so made. The court	1309
shall consider a statement so made, in accordance with division	1310
(B) of that section and division (D) of section 2929.22 of the	1311
Revised Code.	1312

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	1313
in a case who has requested to receive notice under this section	1314
shall be given notice of the incarceration of the defendant. If an	1315
alleged juvenile offender is committed to the temporary custody of	1316
a school, camp, institution, or other facility operated for the	1317
care of delinquent children or to the legal custody of the	1318
department of youth services, a victim in a case who has requested	1319
to receive notice under this section shall be given notice of the	1320
commitment. Promptly after sentence is imposed upon the defendant	1321
or the commitment of the alleged juvenile offender is ordered, the	1322
prosecutor in the case shall notify the victim of the date on	1323
which the defendant will be released from confinement or the	1324
prosecutor's reasonable estimate of that date or the date on which	1325
the alleged juvenile offender will have served the minimum period	1326
of commitment or the prosecutor's reasonable estimate of that	1327
date. The prosecutor also shall notify the victim of the name of	1328
the custodial agency of the defendant or alleged juvenile offender	1329
and tell the victim how to contact that custodial agency. If the	1330
custodial agency is the department of rehabilitation and	1331
correction, the prosecutor shall notify the victim of the services	1332
offered by the office of victims' services pursuant to section	1333
5120.60 of the Revised Code. If the custodial agency is the	1334
department of youth services, the prosecutor shall notify the	1335
victim of the services provided by the office of victims' services	1336
within the release authority of the department pursuant to section	1337
5139.55 of the Revised Code and the victim's right pursuant to	1338
section 5139.56 of the Revised Code to submit a written request to	1339
the release authority to be notified of actions the release	1340
authority takes with respect to the alleged juvenile offender. The	1341
victim shall keep the custodial agency informed of the victim's	1342
current address and telephone number.	1343

(B)(1) Upon the victim's request or in accordance with	1344
division (D) of this section, the prosecutor promptly shall notify	1345
the victim of any hearing for judicial release of the defendant	1346
pursuant to section 2929.20 of the Revised Code, of any hearing	1347
for release of the defendant pursuant to section 2967.19 of the	1348
Revised Code, or of any hearing for judicial release or early	1349
release of the alleged juvenile offender pursuant to section	1350
2151.38 of the Revised Code and of the victim's right to make a	1351
statement under those sections. The court shall notify the victim	1352
of its ruling in each of those hearings and on each of those	1353
applications.	1354

(2) If an offender is sentenced to a prison term pursuant to	1355
division (A)(3) or (B) of section 2971.03 of the Revised Code,	1356
upon the request of the victim of the crime or in accordance with	1357
division (D) of this section, the prosecutor promptly shall notify	1358
the victim of any hearing to be conducted pursuant to section	1359
2971.05 of the Revised Code to determine whether to modify the	1360
requirement that the offender serve the entire prison term in a	1361
state correctional facility in accordance with division (C) of	1362
that section, whether to continue, revise, or revoke any existing	1363
modification of that requirement, or whether to terminate the	1364
prison term in accordance with division (D) of that section. The	1365
court shall notify the victim of any order issued at the	1366
conclusion of the hearing.	1367

(C) Upon the victim's request made at any time before the	1368
particular notice would be due or in accordance with division (D)	1369
of this section, the custodial agency of a defendant or alleged	1370
juvenile offender shall give the victim any of the following	1371
notices that is applicable:	1372

(1) At least three weekssixty days before the adult parole	1373
authority recommends a pardon or commutation of sentence for the	1374
defendant or at least three weekssixty days prior to a hearing	1375
before the adult parole authority regarding a grant of parole to	1376
the defendant, notice of the victim's right to submit a statement	1377
regarding the impact of the defendant's release in accordance with	1378
section 2967.12 of the Revised Code and, if applicable, of the	1379
victim's right to appear at a full board hearing of the parole	1380
board to give testimony as authorized by section 5149.101 of the	1381
Revised Code;	1382

(2) At least three weekssixty days before the defendant is	1383
transferred to transitional control under section 2967.26 of the	1384
Revised Code, notice of the pendency of the transfer and of the	1385
victim's right under that section to submit a statement regarding	1386
the impact of the transfer;	1387

(3) At least thirtysixty days before the release authority	1388
of the department of youth services holds a release review,	1389
release hearing, or discharge review for the alleged juvenile	1390
offender, notice of the pendency of the review or hearing, of the	1391
victim's right to make an oral or written statement regarding the	1392
impact of the crime upon the victim or regarding the possible	1393
release or discharge, and, if the notice pertains to a hearing, of	1394
the victim's right to attend and make statements or comments at	1395
the hearing as authorized by section 5139.56 of the Revised Code;	1396

(4) Prompt notice of the defendant's or alleged juvenile	1397
offender's escape from a facility of the custodial agency in which	1398
the defendant was incarcerated or in which the alleged juvenile	1399
offender was placed after commitment, of the defendant's or	1400
alleged juvenile offender's absence without leave from a mental	1401
health or mental retardation and developmental disabilities	1402
facility or from other custody, and of the capture of the	1403
defendant or alleged juvenile offender after an escape or absence;	1404

(5) Notice of the defendant's or alleged juvenile offender's	1405
death while in confinement or custody;	1406

(6) Notice of the filing of a petition by the director of	1407
rehabilitation and correction pursuant to section 2967.19 of the	1408
Revised Code requesting the early release under that section of	1409
the defendant;	1410

(7) Notice of the defendant's or alleged juvenile offender's	1411
release from confinement or custody and the terms and conditions	1412
of the release.	1413

(D)(1) If a defendant is incarcerated for the commission of	1414
aggravated murder, murder, or an offense of violence that is a	1415
felony of the first, second, or third degree or is under a	1416
sentence of life imprisonment or if an alleged juvenile offender	1417
has been charged with the commission of an act that would be	1418
aggravated murder, murder, or an offense of violence that is a	1419
felony of the first, second, or third degree or be subject to a	1420
sentence of life imprisonment if committed by an adult, except as	1421
otherwise provided in this division, the notices described in	1422
divisions (B) and (C) of this section shall be given regardless of	1423
whether the victim has requested the notification. The notices	1424
described in divisions (B) and (C) of this section shall not be	1425
given under this division to a victim if the victim has requested	1426
pursuant to division (B)(2) of section 2930.03 of the Revised Code	1427
that the victim not be provided the notice. Regardless of whether	1428
the victim has requested that the notices described in division	1429
(C) of this section be provided or not be provided, the custodial	1430
agency shall give notice similar to those notices to the	1431
prosecutor in the case, to the sentencing court, to the law	1432
enforcement agency that arrested the defendant or alleged juvenile	1433
offender if any officer of that agency was a victim of the	1434
offense, and to any member of the victim's immediate family who	1435
requests notification. If the notice given under this division to	1436
the victim is based on an offense committed prior to the effective	1437
date of this amendment and if the prosecutor or custodial agency	1438
has not previously successfully provided any notice to the victim	1439
under this division or division (B) or (C) of this section with	1440
respect to that offense and the offender who committed it, the	1441
notice also shall inform the victim that the victim may request	1442
that the victim not be provided any further notices with respect	1443
to that offense and the offender who committed it and shall	1444
describe the procedure for making that request. If the notice	1445
given under this division to the victim pertains to a hearing	1446
regarding a grant of a parole to the defendant, the notice also	1447
shall inform the victim that the victim, a member of the victim's	1448
immediate family, or the victim's representative may request a	1449
victim conference, as described in division (E) of this section,	1450
and shall provide an explanation of a victim conference.	1451

The prosecutor or custodial agency may give the notices to	1452
which this division applies by any reasonable means, including	1453
regular mail, telephone, and electronic mail. If the prosecutor or	1454
custodial agency attempts to provide notice to a victim under this	1455
division but the attempt is unsuccessful because the prosecutor or	1456
custodial agency is unable to locate the victim, is unable to	1457
provide the notice by its chosen method because it cannot	1458
determine the mailing address, telephone number, or electronic	1459
mail address at which to provide the notice, or, if the notice is	1460
sent by mail, the notice is returned, the prosecutor or custodial	1461
agency shall make another attempt to provide the notice to the	1462
victim. If the second attempt is unsuccessful, the prosecutor or	1463
custodial agency shall make at least one more attempt to provide	1464
the notice. If the notice is based on an offense committed prior	1465
to the effective date of this amendment, in each attempt to	1466
provide the notice to the victim, the notice shall include the	1467
opt-out information described in the preceding paragraph. The	1468
prosecutor or custodial agency, in accordance with division (D)(2)	1469
of this section, shall keep a record of all attempts to provide	1470
the notice, and of all notices provided, under this division.	1471

Division (D)(1) of this section, and the notice-related	1472
provisions of divisions (E)(2) and (K) of section 2929.20,	1473
division (H) of section 2967.12, division (E)(1)(b) of section	1474
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	1475
section 2967.28, and division (A)(2) of section 5149.101 of the	1476
Revised Code enacted in the act in which division (D)(1) of this	1477
section was enacted, shall be known as "Roberta's Law."	1478

(2) Each prosecutor and custodial agency that attempts to	1479
give any notice to which division (D)(1) of this section applies	1480
shall keep a record of all attempts to give the notice. The record	1481
shall indicate the person who was to be the recipient of the	1482
notice, the date on which the attempt was made, the manner in	1483
which the attempt was made, and the person who made the attempt.	1484
If the attempt is successful and the notice is given, the record	1485
shall indicate that fact. The record shall be kept in a manner	1486
that allows public inspection of attempts and notices given to	1487
persons other than victims without revealing the names, addresses,	1488
or other identifying information relating to victims. The record	1489
of attempts and notices given to victims is not a public record,	1490
but the prosecutor or custodial agency shall provide upon request	1491
a copy of that record to a prosecuting attorney, judge, law	1492
enforcement agency, or member of the general assembly. The record	1493
of attempts and notices given to persons other than victims is a	1494
public record. A record kept under this division may be indexed by	1495
offender name, or in any other manner determined by the prosecutor	1496
or the custodial agency. Each prosecutor or custodial agency that	1497
is required to keep a record under this division shall determine	1498
the procedures for keeping the record and the manner in which it	1499
is to be kept, subject to the requirements of this division.	1500

(E) The adult parole authority shall adopt rules under	1501
Chapter 119. of the Revised Code providing for a victim	1502
conference, upon request of the victim, a member of the victim's	1503
immediate family, or the victim's representative, prior to a	1504
parole hearing in the case of a prisoner who is incarcerated for	1505
the commission of aggravated murder, murder, or an offense of	1506
violence that is a felony of the first, second, or third degree or	1507
is under a sentence of life imprisonment. The rules shall provide	1508
for, but not be limited to, all of the following:	1509

(1) Subject to division (E)(3) of this section, attendance by	1510
the victim, members of the victim's immediate family, the victim's	1511
representative, and, if practicable, other individuals;	1512

(2) Allotment of up to one hour for the conference;

1513

(3) A specification of the number of persons specified in	1514
division (E)(1) of this section who may be present at any single	1515
victim conference, if limited by the department pursuant to	1516
division (F) of this section.	1517

(F) The department may limit the number of persons specified	1518
in division (E)(1) of this section who may be present at any	1519
single victim conference, provided that the department shall not	1520
limit the number of persons who may be present at any single	1521
conference to fewer than three. If the department limits the	1522
number of persons who may be present at any single victim	1523
conference, the department shall permit and schedule, upon request	1524
of the victim, a member of the victim's immediate family, or the	1525
victim's representative, multiple victim conferences for the	1526
persons specified in division (E)(1) of this section.	1527

(G) As used in this section, "victim's immediate family" has	1528
the same meaning as in section 2967.12 of the Revised Code.	1529

Sec. 2950.01. As used in this chapter, unless the context	1530
clearly requires otherwise:	1531

(A) "Sexually oriented offense" means any of the following	1532
violations or offenses committed by a person, regardless of the	1533
person's age:	1534

(1) A violation of section 2907.02, 2907.03, 2907.05,	1535
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1536
2907.322, or 2907.323 of the Revised Code;	1537

(2) A violation of section 2907.04 of the Revised Code when	1538
the offender is less than four years older than the other person	1539
with whom the offender engaged in sexual conduct, the other person	1540
did not consent to the sexual conduct, and the offender previously	1541
has not been convicted of or pleaded guilty to a violation of	1542
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1543
violation of former section 2907.12 of the Revised Code;	1544

(3) A violation of section 2907.04 of the Revised Code when	1545
the offender is at least four years older than the other person	1546
with whom the offender engaged in sexual conduct or when the	1547
offender is less than four years older than the other person with	1548
whom the offender engaged in sexual conduct and the offender	1549
previously has been convicted of or pleaded guilty to a violation	1550
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1551
violation of former section 2907.12 of the Revised Code;	1552

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1553
the Revised Code when the violation was committed with a sexual	1554
motivation;	1555

(5) A violation of division (A) of section 2903.04 of the	1556
Revised Code when the offender committed or attempted to commit	1557
the felony that is the basis of the violation with a sexual	1558
motivation;	1559

(6) A violation of division (A)(3) of section 2903.211 of the	1560
Revised Code;	1561

(7) A violation of division (A)(1), (2), (3), or (5) of	1562
section 2905.01 of the Revised Code when the offense is committed	1563
with a sexual motivation;	1564

(8) A violation of division (A)(4) of section 2905.01 of the	1565
Revised Code;	1566

(9) A violation of division (B) of section 2905.01 of the	1567
Revised Code when the victim of the offense is under eighteen	1568
years of age and the offender is not a parent of the victim of the	1569
offense;	1570

(10) A violation of division (B) of section 2903.03, of	1571
division (B) of section 2905.02, of division (B) of section	1572
2905.03, of division (B) of section 2905.05, or of division (B)(5)	1573
of section 2919.22 of the Revised Code;	1574

(11) A violation of section 2905.32 of the Revised Code when	1575
the offender knowingly recruited, lured, enticed, isolated,	1576
harbored, transported, provided, obtained, or maintained, or	1577
knowingly attempted to recruit, lure, entice, isolate, harbor,	1578
transport, provide, obtain, or maintain, another person knowing	1579
that the person would be compelled to engage in sexual activity	1580
for hire, engage in a performance that was obscene, sexually	1581
oriented, or nudity oriented, or be a model or participant in the	1582
production of material that was obscene, sexually oriented, or	1583
nudity oriented;	1584

(12) A violation of any former law of this state, any	1585
existing or former municipal ordinance or law of another state or	1586
the United States, any existing or former law applicable in a	1587
military court or in an Indian tribal court, or any existing or	1588
former law of any nation other than the United States that is or	1589
was substantially equivalent to any offense listed in division	1590
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	1591
this section;	1592

(13) Any attempt to commit, conspiracy to commit, or	1593
complicity in committing any offense listed in division (A)(1),	1594
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of	1595
this section.	1596

(B)(1) "Sex offender" means, subject to division (B)(2) of	1597
this section, a person who is convicted of, pleads guilty to, has	1598
been convicted of, has pleaded guilty to, is adjudicated a	1599
delinquent child for committing, or has been adjudicated a	1600
delinquent child for committing any sexually oriented offense.	1601

(2) "Sex offender" does not include a person who is convicted	1602
of, pleads guilty to, has been convicted of, has pleaded guilty	1603
to, is adjudicated a delinquent child for committing, or has been	1604
adjudicated a delinquent child for committing a sexually oriented	1605
offense if the offense involves consensual sexual conduct or	1606
consensual sexual contact and either of the following applies:	1607

(a) The victim of the sexually oriented offense was eighteen	1608
years of age or older and at the time of the sexually oriented	1609
offense was not under the custodial authority of the person who is	1610
convicted of, pleads guilty to, has been convicted of, has pleaded	1611
guilty to, is adjudicated a delinquent child for committing, or	1612
has been adjudicated a delinquent child for committing the	1613
sexually oriented offense.	1614

(b) The victim of the offense was thirteen years of age or	1615
older, and the person who is convicted of, pleads guilty to, has	1616
been convicted of, has pleaded guilty to, is adjudicated a	1617
delinquent child for committing, or has been adjudicated a	1618
delinquent child for committing the sexually oriented offense is	1619
not more than four years older than the victim.	1620

(C) "Child-victim oriented offense" means any of the	1621
following violations or offenses committed by a person, regardless	1622
of the person's age, when the victim is under eighteen years of	1623
age and is not a child of the person who commits the violation:	1624

(1) A violation of division (A)(1), (2), (3), or (5) of	1625
section 2905.01 of the Revised Code when the violation is not	1626
included in division (A)(7) of this section;	1627

(2) A violation of division (A) of section 2905.02, division	1628
(A) of section 2905.03, or division (A) of section 2905.05 of the	1629
Revised Code;	1630

(3) A violation of any former law of this state, any existing	1631
or former municipal ordinance or law of another state or the	1632
United States, any existing or former law applicable in a military	1633
court or in an Indian tribal court, or any existing or former law	1634
of any nation other than the United States that is or was	1635
substantially equivalent to any offense listed in division (C)(1)	1636
or (2) of this section;	1637

(4) Any attempt to commit, conspiracy to commit, or	1638
complicity in committing any offense listed in division (C)(1),	1639
(2), or (3) of this section.	1640

(D) "Child-victim offender" means a person who is convicted	1641
of, pleads guilty to, has been convicted of, has pleaded guilty	1642
to, is adjudicated a delinquent child for committing, or has been	1643
adjudicated a delinquent child for committing any child-victim	1644
oriented offense.	1645

(E) "Tier I sex offender/child-victim offender" means any of	1646
the following:	1647

(1) A sex offender who is convicted of, pleads guilty to, has	1648
been convicted of, or has pleaded guilty to any of the following	1649
sexually oriented offenses:	1650

(a) A violation of section 2907.06, 2907.07, 2907.08,	1651
2907.22, or 2907.32 of the Revised Code;	1652

(b) A violation of section 2907.04 of the Revised Code when	1653
the offender is less than four years older than the other person	1654
with whom the offender engaged in sexual conduct, the other person	1655
did not consent to the sexual conduct, and the offender previously	1656
has not been convicted of or pleaded guilty to a violation of	1657
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1658
violation of former section 2907.12 of the Revised Code;	1659

(c) A violation of division (A)(1), (2), (3), or (5) of	1660
section 2907.05 of the Revised Code;	1661

(d) A violation of division (A)(3) of section 2907.323 of the	1662
Revised Code;	1663

(e) A violation of division (A)(3) of section 2903.211, of	1664
division (B) of section 2905.03, or of division (B) of section	1665
2905.05 of the Revised Code;	1666

(f) A violation of any former law of this state, any existing	1667
or former municipal ordinance or law of another state or the	1668
United States, any existing or former law applicable in a military	1669
court or in an Indian tribal court, or any existing or former law	1670
of any nation other than the United States, that is or was	1671
substantially equivalent to any offense listed in division	1672
(E)(1)(a), (b), (c), (d), or (e) of this section;	1673

(g) Any attempt to commit, conspiracy to commit, or	1674
complicity in committing any offense listed in division (E)(1)(a),	1675
(b), (c), (d), (e), or (f) of this section.	1676

(2) A child-victim offender who is convicted of, pleads	1677
guilty to, has been convicted of, or has pleaded guilty to a	1678
child-victim oriented offense and who is not within either	1679
category of child-victim offender described in division (F)(2) or	1680
(G)(2) of this section.	1681

(3) A sex offender who is adjudicated a delinquent child for	1682
committing or has been adjudicated a delinquent child for	1683
committing any sexually oriented offense and who a juvenile court,	1684
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1685
Revised Code, classifies a tier I sex offender/child-victim	1686
offender relative to the offense.	1687

(4) A child-victim offender who is adjudicated a delinquent	1688
child for committing or has been adjudicated a delinquent child	1689
for committing any child-victim oriented offense and who a	1690
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1691
2152.85 of the Revised Code, classifies a tier I sex	1692
offender/child-victim offender relative to the offense.	1693

(F) "Tier II sex offender/child-victim offender" means any of	1694
the following:	1695

(1) A sex offender who is convicted of, pleads guilty to, has	1696
been convicted of, or has pleaded guilty to any of the following	1697
sexually oriented offenses:	1698

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	1699
the Revised Code;	1700

(b) A violation of section 2907.04 of the Revised Code when	1701
the offender is at least four years older than the other person	1702
with whom the offender engaged in sexual conduct, or when the	1703
offender is less than four years older than the other person with	1704
whom the offender engaged in sexual conduct and the offender	1705
previously has been convicted of or pleaded guilty to a violation	1706
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1707
former section 2907.12 of the Revised Code;	1708

(c) A violation of division (A)(4) of section 2907.05 or of	1709
division (A)(1) or (2) of section 2907.323 of the Revised Code;	1710

(d) A violation of division (A)(1), (2), (3), or (5) of	1711
section 2905.01 of the Revised Code when the offense is committed	1712
with a sexual motivation;	1713

(e) A violation of division (A)(4) of section 2905.01 of the	1714
Revised Code when the victim of the offense is eighteen years of	1715
age or older;	1716

(f) A violation of division (B) of section 2905.02 or of	1717
division (B)(5) of section 2919.22 of the Revised Code;	1718

(g) A violation of section 2905.32 of the Revised Code when	1719
the offender knowingly recruited, lured, enticed, isolated,	1720
harbored, transported, provided, obtained, or maintained, or	1721
knowingly attempted to recruit, lure, entice, isolate, harbor,	1722
transport, provide, obtain, or maintain, another person knowing	1723
that the person would be compelled to engage in sexual activity	1724
for hire, engage in a performance that was obscene, sexually	1725
oriented, or nudity oriented, or be a model or participant in the	1726
production of material that was obscene, sexually oriented, or	1727
nudity oriented;	1728

(h) A violation of any former law of this state, any existing	1729
or former municipal ordinance or law of another state or the	1730
United States, any existing or former law applicable in a military	1731
court or in an Indian tribal court, or any existing or former law	1732
of any nation other than the United States that is or was	1733
substantially equivalent to any offense listed in division	1734
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	1735

(i) Any attempt to commit, conspiracy to commit, or	1736
complicity in committing any offense listed in division (F)(1)(a),	1737
(b), (c), (d), (e), (f), (g), or (h) of this section;	1738

(j) Any sexually oriented offense that is committed after the	1739
sex offender previously has been convicted of, pleaded guilty to,	1740
or has been adjudicated a delinquent child for committing any	1741
sexually oriented offense or child-victim oriented offense for	1742
which the offender was classified a tier I sex	1743
offender/child-victim offender.	1744

(2) A child-victim offender who is convicted of, pleads	1745
guilty to, has been convicted of, or has pleaded guilty to any	1746
child-victim oriented offense when the child-victim oriented	1747
offense is committed after the child-victim offender previously	1748
has been convicted of, pleaded guilty to, or been adjudicated a	1749
delinquent child for committing any sexually oriented offense or	1750
child-victim oriented offense for which the offender was	1751
classified a tier I sex offender/child-victim offender.	1752

(3) A sex offender who is adjudicated a delinquent child for	1753
committing or has been adjudicated a delinquent child for	1754
committing any sexually oriented offense and who a juvenile court,	1755
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1756
Revised Code, classifies a tier II sex offender/child-victim	1757
offender relative to the offense.	1758

(4) A child-victim offender who is adjudicated a delinquent	1759
child for committing or has been adjudicated a delinquent child	1760
for committing any child-victim oriented offense and whom a	1761
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1762
2152.85 of the Revised Code, classifies a tier II sex	1763
offender/child-victim offender relative to the current offense.	1764

(5) A sex offender or child-victim offender who is not in any	1765
category of tier II sex offender/child-victim offender set forth	1766
in division (F)(1), (2), (3), or (4) of this section, who prior to	1767
January 1, 2008, was adjudicated a delinquent child for committing	1768
a sexually oriented offense or child-victim oriented offense, and	1769
who prior to that date was determined to be a habitual sex	1770
offender or determined to be a habitual child-victim offender,	1771
unless either of the following applies:	1772

(a) The sex offender or child-victim offender is reclassified	1773
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1774
tier I sex offender/child-victim offender or a tier III sex	1775
offender/child-victim offender relative to the offense.	1776

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	1777
2152.84, or 2152.85 of the Revised Code, classifies the child a	1778
tier I sex offender/child-victim offender or a tier III sex	1779
offender/child-victim offender relative to the offense.	1780

(G) "Tier III sex offender/child-victim offender" means any	1781
of the following:	1782

(1) A sex offender who is convicted of, pleads guilty to, has	1783
been convicted of, or has pleaded guilty to any of the following	1784
sexually oriented offenses:	1785

(a) A violation of section 2907.02 or 2907.03 of the Revised	1786
Code;	1787

(b) A violation of division (B) of section 2907.05 of the	1788
Revised Code;	1789

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	1790
the Revised Code when the violation was committed with a sexual	1791
motivation;	1792

(d) A violation of division (A) of section 2903.04 of the	1793
Revised Code when the offender committed or attempted to commit	1794
the felony that is the basis of the violation with a sexual	1795
motivation;	1796

(e) A violation of division (A)(4) of section 2905.01 of the	1797
Revised Code when the victim of the offense is under eighteen	1798
years of age;	1799

(f) A violation of division (B) of section 2905.01 of the	1800
Revised Code when the victim of the offense is under eighteen	1801
years of age and the offender is not a parent of the victim of the	1802
offense;	1803

(g) A violation of division (B) of section 2903.03 of the	1804
Revised Code;	1805

(h) A violation of any former law of this state, any existing	1806
or former municipal ordinance or law of another state or the	1807
United States, any existing or former law applicable in a military	1808
court or in an Indian tribal court, or any existing or former law	1809
of any nation other than the United States that is or was	1810
substantially equivalent to any offense listed in division	1811
(G)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;	1812

(h)(i) Any attempt to commit, conspiracy to commit, or	1813
complicity in committing any offense listed in division (G)(1)(a),	1814
(b), (c), (d), (e), (f), or (g), or (h) of this section;	1815

(i)(j) Any sexually oriented offense that is committed after	1816
the sex offender previously has been convicted of, pleaded guilty	1817
to, or been adjudicated a delinquent child for committing any	1818
sexually oriented offense or child-victim oriented offense for	1819
which the offender was classified a tier II sex	1820
offender/child-victim offender or a tier III sex	1821
offender/child-victim offender.	1822

(2) A child-victim offender who is convicted of, pleads	1823
guilty to, has been convicted of, or has pleaded guilty to any	1824
child-victim oriented offense when the child-victim oriented	1825
offense is committed after the child-victim offender previously	1826
has been convicted of, pleaded guilty to, or been adjudicated a	1827
delinquent child for committing any sexually oriented offense or	1828
child-victim oriented offense for which the offender was	1829
classified a tier II sex offender/child-victim offender or a tier	1830
III sex offender/child-victim offender.	1831

(3) A sex offender who is adjudicated a delinquent child for	1832
committing or has been adjudicated a delinquent child for	1833
committing any sexually oriented offense and who a juvenile court,	1834
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1835
Revised Code, classifies a tier III sex offender/child-victim	1836
offender relative to the offense.	1837

(4) A child-victim offender who is adjudicated a delinquent	1838
child for committing or has been adjudicated a delinquent child	1839
for committing any child-victim oriented offense and whom a	1840
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1841
2152.85 of the Revised Code, classifies a tier III sex	1842
offender/child-victim offender relative to the current offense.	1843

(5) A sex offender or child-victim offender who is not in any	1844
category of tier III sex offender/child-victim offender set forth	1845
in division (G)(1), (2), (3), or (4) of this section, who prior to	1846
January 1, 2008, was convicted of or pleaded guilty to a sexually	1847
oriented offense or child-victim oriented offense or was	1848
adjudicated a delinquent child for committing a sexually oriented	1849
offense or child-victim oriented offense and classified a juvenile	1850
offender registrant, and who prior to that date was adjudicated a	1851
sexual predator or adjudicated a child-victim predator, unless	1852
either of the following applies:	1853

(a) The sex offender or child-victim offender is reclassified	1854
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1855
tier I sex offender/child-victim offender or a tier II sex	1856
offender/child-victim offender relative to the offense.	1857

(b) The sex offender or child-victim offender is a delinquent	1858
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	1859
2152.84, or 2152.85 of the Revised Code, classifies the child a	1860
tier I sex offender/child-victim offender or a tier II sex	1861
offender/child-victim offender relative to the offense.	1862

(6) A sex offender who is convicted of, pleads guilty to, was	1863
convicted of, or pleaded guilty to a sexually oriented offense, if	1864
the sexually oriented offense and the circumstances in which it	1865
was committed are such that division (F) of section 2971.03 of the	1866
Revised Code automatically classifies the offender as a tier III	1867
sex offender/child-victim offender;	1868

(7) A sex offender or child-victim offender who is convicted	1869
of, pleads guilty to, was convicted of, pleaded guilty to, is	1870
adjudicated a delinquent child for committing, or was adjudicated	1871
a delinquent child for committing a sexually oriented offense or	1872
child-victim offense in another state, in a federal court,	1873
military court, or Indian tribal court, or in a court in any	1874
nation other than the United States if both of the following	1875
apply:	1876

(a) Under the law of the jurisdiction in which the offender	1877
was convicted or pleaded guilty or the delinquent child was	1878
adjudicated, the offender or delinquent child is in a category	1879
substantially equivalent to a category of tier III sex	1880
offender/child-victim offender described in division (G)(1), (2),	1881
(3), (4), (5), or (6) of this section.	1882

(b) Subsequent to the conviction, plea of guilty, or	1883
adjudication in the other jurisdiction, the offender or delinquent	1884
child resides, has temporary domicile, attends school or an	1885
institution of higher education, is employed, or intends to reside	1886
in this state in any manner and for any period of time that	1887
subjects the offender or delinquent child to a duty to register or	1888
provide notice of intent to reside under section 2950.04 or	1889
2950.041 of the Revised Code.	1890

(H) "Confinement" includes, but is not limited to, a	1891
community residential sanction imposed pursuant to section 2929.16	1892
or 2929.26 of the Revised Code.	1893

(I) "Prosecutor" has the same meaning as in section 2935.01	1894
of the Revised Code.	1895

(J) "Supervised release" means a release of an offender from	1896
a prison term, a term of imprisonment, or another type of	1897
confinement that satisfies either of the following conditions:	1898

(1) The release is on parole, a conditional pardon, under a	1899
community control sanction, under transitional control, or under a	1900
post-release control sanction, and it requires the person to	1901
report to or be supervised by a parole officer, probation officer,	1902
field officer, or another type of supervising officer.	1903

(2) The release is any type of release that is not described	1904
in division (J)(1) of this section and that requires the person to	1905
report to or be supervised by a probation officer, a parole	1906
officer, a field officer, or another type of supervising officer.	1907

(K) "Sexually violent predator specification," "sexually	1908
violent predator," "sexually violent offense," "sexual motivation	1909
specification," "designated homicide, assault, or kidnapping	1910
offense," and "violent sex offense" have the same meanings as in	1911
section 2971.01 of the Revised Code.	1912

(L) "Post-release control sanction" and "transitional	1913
control" have the same meanings as in section 2967.01 of the	1914
Revised Code.	1915

(M) "Juvenile offender registrant" means a person who is	1916
adjudicated a delinquent child for committing on or after January	1917
1, 2002, a sexually oriented offense or a child-victim oriented	1918
offense, who is fourteen years of age or older at the time of	1919
committing the offense, and who a juvenile court judge, pursuant	1920
to an order issued under section 2152.82, 2152.83, 2152.84,	1921
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	1922
offender registrant and specifies has a duty to comply with	1923
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1924
Code. "Juvenile offender registrant" includes a person who prior	1925
to January 1, 2008, was a "juvenile offender registrant" under the	1926
definition of the term in existence prior to January 1, 2008, and	1927
a person who prior to July 31, 2003, was a "juvenile sex offender	1928
registrant" under the former definition of that former term.	1929

(N) "Public registry-qualified juvenile offender registrant"	1930
means a person who is adjudicated a delinquent child and on whom a	1931
juvenile court has imposed a serious youthful offender	1932
dispositional sentence under section 2152.13 of the Revised Code	1933
before, on, or after January 1, 2008, and to whom all of the	1934
following apply:	1935

(1) The person is adjudicated a delinquent child for	1936
committing, attempting to commit, conspiring to commit, or	1937
complicity in committing one of the following acts:	1938

(a) A violation of section 2907.02 of the Revised Code,	1939
division (B) of section 2907.05 of the Revised Code, or section	1940
2907.03 of the Revised Code if the victim of the violation was	1941
less than twelve years of age;	1942

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	1943
the Revised Code that was committed with a purpose to gratify the	1944
sexual needs or desires of the child;	1945

(c) A violation of division (B) of section 2903.03 of the	1946
Revised Code.	1947

(2) The person was fourteen, fifteen, sixteen, or seventeen	1948
years of age at the time of committing the act.	1949

(3) A juvenile court judge, pursuant to an order issued under	1950
section 2152.86 of the Revised Code, classifies the person a	1951
juvenile offender registrant, specifies the person has a duty to	1952
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1953
Code, and classifies the person a public registry-qualified	1954
juvenile offender registrant, and the classification of the person	1955
as a public registry-qualified juvenile offender registrant has	1956
not been terminated pursuant to division (D) of section 2152.86 of	1957
the Revised Code.	1958

(O) "Secure facility" means any facility that is designed and	1959
operated to ensure that all of its entrances and exits are locked	1960
and under the exclusive control of its staff and to ensure that,	1961
because of that exclusive control, no person who is	1962
institutionalized or confined in the facility may leave the	1963
facility without permission or supervision.	1964

(P) "Out-of-state juvenile offender registrant" means a	1965
person who is adjudicated a delinquent child in a court in another	1966
state, in a federal court, military court, or Indian tribal court,	1967
or in a court in any nation other than the United States for	1968
committing a sexually oriented offense or a child-victim oriented	1969
offense, who on or after January 1, 2002, moves to and resides in	1970
this state or temporarily is domiciled in this state for more than	1971
five days, and who has a duty under section 2950.04 or 2950.041 of	1972
the Revised Code to register in this state and the duty to	1973
otherwise comply with that applicable section and sections 2950.05	1974
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	1975
registrant" includes a person who prior to January 1, 2008, was an	1976
"out-of-state juvenile offender registrant" under the definition	1977
of the term in existence prior to January 1, 2008, and a person	1978
who prior to July 31, 2003, was an "out-of-state juvenile sex	1979
offender registrant" under the former definition of that former	1980
term.	1981

(Q) "Juvenile court judge" includes a magistrate to whom the	1982
juvenile court judge confers duties pursuant to division (A)(15)	1983
of section 2151.23 of the Revised Code.	1984

(R) "Adjudicated a delinquent child for committing a sexually	1985
oriented offense" includes a child who receives a serious youthful	1986
offender dispositional sentence under section 2152.13 of the	1987
Revised Code for committing a sexually oriented offense.	1988

(S) "School" and "school premises" have the same meanings as	1989
in section 2925.01 of the Revised Code.	1990

(T) "Residential premises" means the building in which a	1991
residential unit is located and the grounds upon which that	1992
building stands, extending to the perimeter of the property.	1993
"Residential premises" includes any type of structure in which a	1994
residential unit is located, including, but not limited to,	1995
multi-unit buildings and mobile and manufactured homes.	1996

(U) "Residential unit" means a dwelling unit for residential	1997
use and occupancy, and includes the structure or part of a	1998
structure that is used as a home, residence, or sleeping place by	1999
one person who maintains a household or two or more persons who	2000
maintain a common household. "Residential unit" does not include a	2001
halfway house or a community-based correctional facility.	2002

(V) "Multi-unit building" means a building in which is	2003
located more than twelve residential units that have entry doors	2004
that open directly into the unit from a hallway that is shared	2005
with one or more other units. A residential unit is not considered	2006
located in a multi-unit building if the unit does not have an	2007
entry door that opens directly into the unit from a hallway that	2008
is shared with one or more other units or if the unit is in a	2009
building that is not a multi-unit building as described in this	2010
division.	2011

(W) "Community control sanction" has the same meaning as in	2012
section 2929.01 of the Revised Code.	2013

(X) "Halfway house" and "community-based correctional	2014
facility" have the same meanings as in section 2929.01 of the	2015
Revised Code.	2016

Sec. 2951.041.  (A)(1) If an offender is charged with a	2017
criminal offense, including but not limited to a violation of	2018
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2019
the Revised Code, and the court has reason to believe that drug or	2020
alcohol usage by the offender was a factor leading to the criminal	2021
offense with which the offender is charged or that, at the time of	2022
committing that offense, the offender had a mental illness or was	2023
a person with intellectual disability and that the mental illness	2024
or status as a person with intellectual disability was a factor	2025
leading to the offender's criminal behavior, the court may accept,	2026
prior to the entry of a guilty plea, the offender's request for	2027
intervention in lieu of conviction. The request shall include a	2028
statement from the offender as to whether the offender is alleging	2029
that drug or alcohol usage by the offender was a factor leading to	2030
the criminal offense with which the offender is charged or is	2031
alleging that, at the time of committing that offense, the	2032
offender had a mental illness or was a person with intellectual	2033
disability and that the mental illness or status as a person with	2034
intellectual disability was a factor leading to the criminal	2035
offense with which the offender is charged. The request also shall	2036
include a waiver of the defendant's right to a speedy trial, the	2037
preliminary hearing, the time period within which the grand jury	2038
may consider an indictment against the offender, and arraignment,	2039
unless the hearing, indictment, or arraignment has already	2040
occurred. The court may reject an offender's request without a	2041
hearing. If the court elects to consider an offender's request,	2042
the court shall conduct a hearing to determine whether the	2043
offender is eligible under this section for intervention in lieu	2044
of conviction and shall stay all criminal proceedings pending the	2045
outcome of the hearing. If the court schedules a hearing, the	2046
court shall order an assessment of the offender for the purpose of	2047
determining the offender's eligibility for intervention in lieu of	2048
conviction and recommending an appropriate intervention plan.	2049

If the offender alleges that drug or alcohol usage by the	2050
offender was a factor leading to the criminal offense with which	2051
the offender is charged, the court may order that the offender be	2052
assessed by a program certified pursuant to section 3793.06 of the	2053
Revised Code or a properly credentialed professional for the	2054
purpose of determining the offender's eligibility for intervention	2055
in lieu of conviction and recommending an appropriate intervention	2056
plan. The program or the properly credentialed professional shall	2057
provide a written assessment of the offender to the court.	2058

(2) The victim notification provisions of division (C) of	2059
section 2930.08 of the Revised Code apply in relation to any	2060
hearing held under division (A)(1) of this section.	2061

(B) An offender is eligible for intervention in lieu of	2062
conviction if the court finds all of the following:	2063

(1) The offender previously has not been convicted of or	2064
pleaded guilty to a felony offense of violence or previously has	2065
been convicted of or pleaded guilty to any felony that is not an	2066
offense of violence and the prosecuting attorney recommends that	2067
the offender be found eligible for participation in intervention	2068
in lieu of treatment under this section, previously has not been	2069
through intervention in lieu of conviction under this section or	2070
any similar regimen, and is charged with a felony for which the	2071
court, upon conviction, would impose sentencea community control	2072
sanction on the offender under division (B)(3)(b)(2) of section	2073
2929.13 of the Revised Code or with a misdemeanor.	2074

(2) The offense is not a felony of the first, second, or	2075
third degree, is not an offense of violence, is not a violation of	2076
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2077
not a violation of division (A)(1) of section 2903.08 of the	2078
Revised Code, is not a violation of division (A) of section	2079
4511.19 of the Revised Code or a municipal ordinance that is	2080
substantially similar to that division, and is not an offense for	2081
which a sentencing court is required to impose a mandatory prison	2082
term, a mandatory term of local incarceration, or a mandatory term	2083
of imprisonment in a jail.	2084

(3) The offender is not charged with a violation of section	2085
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2086
with a violation of section 2925.03 of the Revised Code that is a	2087
felony of the first, second, third, or fourth degree, and is not	2088
charged with a violation of section 2925.11 of the Revised Code	2089
that is a felony of the first, second, or third degree.	2090

(4) If an offender alleges that drug or alcohol usage by the	2091
offender was a factor leading to the criminal offense with which	2092
the offender is charged, the court has ordered that the offender	2093
be assessed by a program certified pursuant to section 3793.06 of	2094
the Revised Code or a properly credentialed professional for the	2095
purpose of determining the offender's eligibility for intervention	2096
in lieu of conviction and recommending an appropriate intervention	2097
plan, the offender has been assessed by a program of that nature	2098
or a properly credentialed professional in accordance with the	2099
court's order, and the program or properly credentialed	2100
professional has filed the written assessment of the offender with	2101
the court.	2102

(5) If an offender alleges that, at the time of committing	2103
the criminal offense with which the offender is charged, the	2104
offender had a mental illness or was a person with intellectual	2105
disability and that the mental illness or status as a person with	2106
intellectual disability was a factor leading to that offense, the	2107
offender has been assessed by a psychiatrist, psychologist,	2108
independent social worker, or professional clinical counselor for	2109
the purpose of determining the offender's eligibility for	2110
intervention in lieu of conviction and recommending an appropriate	2111
intervention plan.	2112

(6) The offender's drug usage, alcohol usage, mental illness,	2113
or intellectual disability, whichever is applicable, was a factor	2114
leading to the criminal offense with which the offender is	2115
charged, intervention in lieu of conviction would not demean the	2116
seriousness of the offense, and intervention would substantially	2117
reduce the likelihood of any future criminal activity.	2118

(7) The alleged victim of the offense was not sixty-five	2119
years of age or older, permanently and totally disabled, under	2120
thirteen years of age, or a peace officer engaged in the officer's	2121
official duties at the time of the alleged offense.	2122

(8) If the offender is charged with a violation of section	2123
2925.24 of the Revised Code, the alleged violation did not result	2124
in physical harm to any person, and the offender previously has	2125
not been treated for drug abuse.	2126

(9) The offender is willing to comply with all terms and	2127
conditions imposed by the court pursuant to division (D) of this	2128
section.	2129

(10) The offender is not charged with an offense that would	2130
result in the offender being disqualified under Chapter 4506. of	2131
the Revised Code from operating a commercial motor vehicle or	2132
would subject the offender to any other sanction under that	2133
chapter.	2134

(C) At the conclusion of a hearing held pursuant to division	2135
(A) of this section, the court shall enter its determination as to	2136
whether the offender is eligible for intervention in lieu of	2137
conviction and as to whether to grant the offender's request. If	2138
the court finds under division (B) of this section that the	2139
offender is eligible for intervention in lieu of conviction and	2140
grants the offender's request, the court shall accept the	2141
offender's plea of guilty and waiver of the defendant's right to a	2142
speedy trial, the preliminary hearing, the time period within	2143
which the grand jury may consider an indictment against the	2144
offender, and arraignment, unless the hearing, indictment, or	2145
arraignment has already occurred. In addition, the court then may	2146
stay all criminal proceedings and order the offender to comply	2147
with all terms and conditions imposed by the court pursuant to	2148
division (D) of this section. If the court finds that the offender	2149
is not eligible or does not grant the offender's request, the	2150
criminal proceedings against the offender shall proceed as if the	2151
offender's request for intervention in lieu of conviction had not	2152
been made.	2153

(D) If the court grants an offender's request for	2154
intervention in lieu of conviction, the court shall place the	2155
offender under the general control and supervision of the county	2156
probation department, the adult parole authority, or another	2157
appropriate local probation or court services agency, if one	2158
exists, as if the offender was subject to a community control	2159
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2160
Revised Code. The court shall establish an intervention plan for	2161
the offender. The terms and conditions of the intervention plan	2162
shall require the offender, for at least one year from the date on	2163
which the court grants the order of intervention in lieu of	2164
conviction, to abstain from the use of illegal drugs and alcohol,	2165
to participate in treatment and recovery support services, and to	2166
submit to regular random testing for drug and alcohol use and may	2167
include any other treatment terms and conditions, or terms and	2168
conditions similar to community control sanctions, which may	2169
include community service or restitution, that are ordered by the	2170
court.	2171

(E) If the court grants an offender's request for	2172
intervention in lieu of conviction and the court finds that the	2173
offender has successfully completed the intervention plan for the	2174
offender, including the requirement that the offender abstain from	2175
using illegal drugs and alcohol for a period of at least one year	2176
from the date on which the court granted the order of intervention	2177
in lieu of conviction, the requirement that the offender	2178
participate in treatment and recovery support services, and all	2179
other terms and conditions ordered by the court, the court shall	2180
dismiss the proceedings against the offender. Successful	2181
completion of the intervention plan and period of abstinence under	2182
this section shall be without adjudication of guilt and is not a	2183
criminal conviction for purposes of any disqualification or	2184
disability imposed by law and upon conviction of a crime, and the	2185
court may order the sealing of records related to the offense in	2186
question in the manner provided in sections 2953.31 to 2953.36 of	2187
the Revised Code.	2188

(F) If the court grants an offender's request for	2189
intervention in lieu of conviction and the offender fails to	2190
comply with any term or condition imposed as part of the	2191
intervention plan for the offender, the supervising authority for	2192
the offender promptly shall advise the court of this failure, and	2193
the court shall hold a hearing to determine whether the offender	2194
failed to comply with any term or condition imposed as part of the	2195
plan. If the court determines that the offender has failed to	2196
comply with any of those terms and conditions, it shall enter a	2197
finding of guilty and shall impose an appropriate sanction under	2198
Chapter 2929. of the Revised Code. If the court sentences the	2199
offender to a prison term, the court, after consulting with the	2200
department of rehabilitation and correction regarding the	2201
availability of services, may order continued court-supervised	2202
activity and treatment of the offender during the prison term and,	2203
upon consideration of reports received from the department	2204
concerning the offender's progress in the program of activity and	2205
treatment, may consider judicial release under section 2929.20 of	2206
the Revised Code.	2207

(G) As used in this section:

2208

(1) "Community control sanction" has the same meaning as in	2209
section 2929.01 of the Revised Code.	2210

(2) "Intervention in lieu of conviction" means any	2211
court-supervised activity that complies with this section.	2212

(3) "Peace officer" has the same meaning as in section	2213
2935.01 of the Revised Code.	2214

(4) "Mental illness" and "psychiatrist" have the same	2215
meanings as in section 5122.01 of the Revised Code.	2216

(5) "Person with intellectual disability" means a person	2217
having significantly subaverage general intellectual functioning	2218
existing concurrently with deficiencies in adaptive behavior,	2219
manifested during the developmental period.	2220

(6) "Psychologist" has the same meaning as in section 4732.01	2221
of the Revised Code.	2222

(H) Whenever the term "mentally retarded person" is used in	2223
any statute, rule, contract, grant, or other document, the	2224
reference shall be deemed to include a "person with intellectual	2225
disability," as defined in this section.	2226

Sec. 2953.08.  (A) In addition to any other right to appeal	2227
and except as provided in division (D) of this section, a	2228
defendant who is convicted of or pleads guilty to a felony may	2229
appeal as a matter of right the sentence imposed upon the	2230
defendant on one of the following grounds:	2231

(1) The sentence consisted of or included the maximum prison	2232
term allowed for the offense by division (A) of section 2929.14 or	2233
section 2929.142 of the Revised Code, the maximum prison term was	2234
not required for the offense pursuant to Chapter 2925. or any	2235
other provision of the Revised Code, and the court imposed the	2236
sentence under one of the following circumstances:	2237

(a) The sentence was imposed for only one offense.

2238

(b) The sentence was imposed for two or more offenses arising	2239
out of a single incident, and the court imposed the maximum prison	2240
term for the offense of the highest degree.	2241

(2) The sentence consisted of or included a prison term,and	2242
the offense for which it was imposed is a felony of the fourth or	2243
fifth degree or is a felony drug offense that is a violation of a	2244
provision of Chapter 2925. of the Revised Code and that is	2245
specified as being subject to division (B) of section 2929.13 of	2246
the Revised Code for purposes of sentencing, and the court did not	2247
specify at sentencing that it found one or more factors specified	2248
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	2249
Code to apply relative to the defendant. If the court specifies	2250
that it found one or more of thosethe factors in division	2251
(B)(1)(b) of section 2929.13 of the Revised Code to apply relative	2252
to the defendant, the defendant is not entitled under this	2253
division to appeal as a matter of right the sentence imposed upon	2254
the offender.	2255

(3) The person was convicted of or pleaded guilty to a	2256
violent sex offense or a designated homicide, assault, or	2257
kidnapping offense, was adjudicated a sexually violent predator in	2258
relation to that offense, and was sentenced pursuant to division	2259
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	2260
of the indefinite term imposed pursuant to division (A)(3) of	2261
section 2971.03 of the Revised Code is the longest term available	2262
for the offense from among the range of terms listed in section	2263
2929.14 of the Revised Code. As used in this division, "designated	2264
homicide, assault, or kidnapping offense" and "violent sex	2265
offense" have the same meanings as in section 2971.01 of the	2266
Revised Code. As used in this division, "adjudicated a sexually	2267
violent predator" has the same meaning as in section 2929.01 of	2268
the Revised Code, and a person is "adjudicated a sexually violent	2269
predator" in the same manner and the same circumstances as are	2270
described in that section.	2271

(4) The sentence is contrary to law.

2272

(5) The sentence consisted of an additional prison term of	2273
ten years imposed pursuant to division (B)(2)(a) of section	2274
2929.14 of the Revised Code.	2275

(B) In addition to any other right to appeal and except as	2276
provided in division (D) of this section, a prosecuting attorney,	2277
a city director of law, village solicitor, or similar chief legal	2278
officer of a municipal corporation, or the attorney general, if	2279
one of those persons prosecuted the case, may appeal as a matter	2280
of right a sentence imposed upon a defendant who is convicted of	2281
or pleads guilty to a felony or, in the circumstances described in	2282
division (B)(3) of this section the modification of a sentence	2283
imposed upon such a defendant, on any of the following grounds:	2284

(1) The sentence did not include a prison term despite a	2285
presumption favoring a prison term for the offense for which it	2286
was imposed, as set forth in section 2929.13 or Chapter 2925. of	2287
the Revised Code.	2288

(2) The sentence is contrary to law.

2289

(3) The sentence is a modification under section 2929.20 of	2290
the Revised Code of a sentence that was imposed for a felony of	2291
the first or second degree.	2292

(C)(1) In addition to the right to appeal a sentence granted	2293
under division (A) or (B) of this section, a defendant who is	2294
convicted of or pleads guilty to a felony may seek leave to appeal	2295
a sentence imposed upon the defendant on the basis that the	2296
sentencing judge has imposed consecutive sentences under division	2297
(C)(3) of section 2929.14 of the Revised Code and that the	2298
consecutive sentences exceed the maximum prison term allowed by	2299
division (A) of that section for the most serious offense of which	2300
the defendant was convicted. Upon the filing of a motion under	2301
this division, the court of appeals may grant leave to appeal the	2302
sentence if the court determines that the allegation included as	2303
the basis of the motion is true.	2304

(2) A defendant may seek leave to appeal an additional	2305
sentence imposed upon the defendant pursuant to division (B)(2)(a)	2306
or (b) of section 2929.14 of the Revised Code if the additional	2307
sentence is for a definite prison term that is longer than five	2308
years.	2309

(D)(1) A sentence imposed upon a defendant is not subject to	2310
review under this section if the sentence is authorized by law,	2311
has been recommended jointly by the defendant and the prosecution	2312
in the case, and is imposed by a sentencing judge.	2313

(2) Except as provided in division (C)(2) of this section, a	2314
sentence imposed upon a defendant is not subject to review under	2315
this section if the sentence is imposed pursuant to division	2316
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	2317
otherwise provided in this division, a defendant retains all	2318
rights to appeal as provided under this chapter or any other	2319
provision of the Revised Code. A defendant has the right to appeal	2320
under this chapter or any other provision of the Revised Code the	2321
court's application of division (B)(2)(c) of section 2929.14 of	2322
the Revised Code.	2323

(3) A sentence imposed for aggravated murder or murder	2324
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	2325
subject to review under this section.	2326

(E) A defendant, prosecuting attorney, city director of law,	2327
village solicitor, or chief municipal legal officer shall file an	2328
appeal of a sentence under this section to a court of appeals	2329
within the time limits specified in Rule 4(B) of the Rules of	2330
Appellate Procedure, provided that if the appeal is pursuant to	2331
division (B)(3) of this section, the time limits specified in that	2332
rule shall not commence running until the court grants the motion	2333
that makes the sentence modification in question. A sentence	2334
appeal under this section shall be consolidated with any other	2335
appeal in the case. If no other appeal is filed, the court of	2336
appeals may review only the portions of the trial record that	2337
pertain to sentencing.	2338

(F) On the appeal of a sentence under this section, the	2339
record to be reviewed shall include all of the following, as	2340
applicable:	2341

(1) Any presentence, psychiatric, or other investigative	2342
report that was submitted to the court in writing before the	2343
sentence was imposed. An appellate court that reviews a	2344
presentence investigation report prepared pursuant to section	2345
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	2346
connection with the appeal of a sentence under this section shall	2347
comply with division (D)(3) of section 2951.03 of the Revised Code	2348
when the appellate court is not using the presentence	2349
investigation report, and the appellate court's use of a	2350
presentence investigation report of that nature in connection with	2351
the appeal of a sentence under this section does not affect the	2352
otherwise confidential character of the contents of that report as	2353
described in division (D)(1) of section 2951.03 of the Revised	2354
Code and does not cause that report to become a public record, as	2355
defined in section 149.43 of the Revised Code, following the	2356
appellate court's use of the report.	2357

(2) The trial record in the case in which the sentence was	2358
imposed;	2359

(3) Any oral or written statements made to or by the court at	2360
the sentencing hearing at which the sentence was imposed;	2361

(4) Any written findings that the court was required to make	2362
in connection with the modification of the sentence pursuant to a	2363
judicial release under division (I) of section 2929.20 of the	2364
Revised Code.	2365

(G)(1) If the sentencing court was required to make the	2366
findings required by division (B) or (D) of section 2929.13 or	2367
division (I) of section 2929.20 of the Revised Code, or to state	2368
the findings of the trier of fact required by division (B)(2)(e)	2369
of section 2929.14 of the Revised Code, relative to the imposition	2370
or modification of the sentence, and if the sentencing court	2371
failed to state the required findings on the record, the court	2372
hearing an appeal under division (A), (B), or (C) of this section	2373
shall remand the case to the sentencing court and instruct the	2374
sentencing court to state, on the record, the required findings.	2375

(2) The court hearing an appeal under division (A), (B), or	2376
(C) of this section shall review the record, including the	2377
findings underlying the sentence or modification given by the	2378
sentencing court.	2379

The appellate court may increase, reduce, or otherwise modify	2380
a sentence that is appealed under this section or may vacate the	2381
sentence and remand the matter to the sentencing court for	2382
resentencing. The appellate court's standard for review is not	2383
whether the sentencing court abused its discretion. The appellate	2384
court may take any action authorized by this division if it	2385
clearly and convincingly finds either of the following:	2386

(a) That the record does not support the sentencing court's	2387
findings under division (B) or (D) of section 2929.13, division	2388
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	2389
2929.20 of the Revised Code, whichever, if any, is relevant;	2390

(b) That the sentence is otherwise contrary to law.

2391

(H) A judgment or final order of a court of appeals under	2392
this section may be appealed, by leave of court, to the supreme	2393
court.	2394

(I)(1) There is hereby established the felony sentence appeal	2395
cost oversight committee, consisting of eight members. One member	2396
shall be the chief justice of the supreme court or a	2397
representative of the court designated by the chief justice, one	2398
member shall be a member of the senate appointed by the president	2399
of the senate, one member shall be a member of the house of	2400
representatives appointed by the speaker of the house of	2401
representatives, one member shall be the director of budget and	2402
management or a representative of the office of budget and	2403
management designated by the director, one member shall be a judge	2404
of a court of appeals, court of common pleas, municipal court, or	2405
county court appointed by the chief justice of the supreme court,	2406
one member shall be the state public defender or a representative	2407
of the office of the state public defender designated by the state	2408
public defender, one member shall be a prosecuting attorney	2409
appointed by the Ohio prosecuting attorneys association, and one	2410
member shall be a county commissioner appointed by the county	2411
commissioners association of Ohio. No more than three of the	2412
appointed members of the committee may be members of the same	2413
political party.	2414

The president of the senate, the speaker of the house of	2415
representatives, the chief justice of the supreme court, the Ohio	2416
prosecuting attorneys association, and the county commissioners	2417
association of Ohio shall make the initial appointments to the	2418
committee of the appointed members no later than ninety days after	2419
July 1, 1996. Of those initial appointments to the committee, the	2420
members appointed by the speaker of the house of representatives	2421
and the Ohio prosecuting attorneys association shall serve a term	2422
ending two years after July 1, 1996, the member appointed by the	2423
chief justice of the supreme court shall serve a term ending three	2424
years after July 1, 1996, and the members appointed by the	2425
president of the senate and the county commissioners association	2426
of Ohio shall serve terms ending four years after July 1, 1996.	2427
Thereafter, terms of office of the appointed members shall be for	2428
four years, with each term ending on the same day of the same	2429
month as did the term that it succeeds. Members may be	2430
reappointed. Vacancies shall be filled in the same manner provided	2431
for original appointments. A member appointed to fill a vacancy	2432
occurring prior to the expiration of the term for which that	2433
member's predecessor was appointed shall hold office as a member	2434
for the remainder of the predecessor's term. An appointed member	2435
shall continue in office subsequent to the expiration date of that	2436
member's term until that member's successor takes office or until	2437
a period of sixty days has elapsed, whichever occurs first.	2438

If the chief justice of the supreme court, the director of	2439
the office of budget and management, or the state public defender	2440
serves as a member of the committee, that person's term of office	2441
as a member shall continue for as long as that person holds office	2442
as chief justice, director of the office of budget and management,	2443
or state public defender. If the chief justice of the supreme	2444
court designates a representative of the court to serve as a	2445
member, the director of budget and management designates a	2446
representative of the office of budget and management to serve as	2447
a member, or the state public defender designates a representative	2448
of the office of the state public defender to serve as a member,	2449
the person so designated shall serve as a member of the commission	2450
for as long as the official who made the designation holds office	2451
as chief justice, director of the office of budget and management,	2452
or state public defender or until that official revokes the	2453
designation.	2454

The chief justice of the supreme court or the representative	2455
of the supreme court appointed by the chief justice shall serve as	2456
chairperson of the committee. The committee shall meet within two	2457
weeks after all appointed members have been appointed and shall	2458
organize as necessary. Thereafter, the committee shall meet at	2459
least once every six months or more often upon the call of the	2460
chairperson or the written request of three or more members,	2461
provided that the committee shall not meet unless moneys have been	2462
appropriated to the judiciary budget administered by the supreme	2463
court specifically for the purpose of providing financial	2464
assistance to counties under division (I)(2) of this section and	2465
the moneys so appropriated then are available for that purpose.	2466

The members of the committee shall serve without	2467
compensation, but, if moneys have been appropriated to the	2468
judiciary budget administered by the supreme court specifically	2469
for the purpose of providing financial assistance to counties	2470
under division (I)(2) of this section, each member shall be	2471
reimbursed out of the moneys so appropriated that then are	2472
available for actual and necessary expenses incurred in the	2473
performance of official duties as a committee member.	2474

(2) The state criminal sentencing commission periodically	2475
shall provide to the felony sentence appeal cost oversight	2476
committee all data the commission collects pursuant to division	2477
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	2478
data from the state criminal sentencing commission, the felony	2479
sentence appeal cost oversight committee periodically shall review	2480
the data; determine whether any money has been appropriated to the	2481
judiciary budget administered by the supreme court specifically	2482
for the purpose of providing state financial assistance to	2483
counties in accordance with this division for the increase in	2484
expenses the counties experience as a result of the felony	2485
sentence appeal provisions set forth in this section or as a	2486
result of a postconviction relief proceeding brought under	2487
division (A)(2) of section 2953.21 of the Revised Code or an	2488
appeal of a judgment in that proceeding; if it determines that any	2489
money has been so appropriated, determine the total amount of	2490
moneys that have been so appropriated specifically for that	2491
purpose and that then are available for that purpose; and develop	2492
a recommended method of distributing those moneys to the counties.	2493
The committee shall send a copy of its recommendation to the	2494
supreme court. Upon receipt of the committee's recommendation, the	2495
supreme court shall distribute to the counties, based upon that	2496
recommendation, the moneys that have been so appropriated	2497
specifically for the purpose of providing state financial	2498
assistance to counties under this division and that then are	2499
available for that purpose.	2500

Sec. 2967.03.  The adult parole authority may exercise its	2501
functions and duties in relation to the pardon, commutation of	2502
sentence, or reprieve of a convict upon direction of the governor	2503
or upon its own initiative. It may exercise its functions and	2504
duties in relation to the parole of a prisoner who is eligible for	2505
parole upon the initiative of the head of the institution in which	2506
the prisoner is confined or upon its own initiative. When a	2507
prisoner becomes eligible for parole, the head of the institution	2508
in which the prisoner is confined shall notify the authority in	2509
the manner prescribed by the authority. The authority may	2510
investigate and examine, or cause the investigation and	2511
examination of, prisoners confined in state correctional	2512
institutions concerning their conduct in the institutions, their	2513
mental and moral qualities and characteristics, their knowledge of	2514
a trade or profession, their former means of livelihood, their	2515
family relationships, and any other matters affecting their	2516
fitness to be at liberty without being a threat to society.	2517

The authority may recommend to the governor the pardon,	2518
commutation of sentence, medical release, or reprieve of any	2519
convict or prisoner or grant a parole to any prisoner for whom	2520
parole is authorized, if in its judgment there is reasonable	2521
ground to believe that granting a pardon, commutation, medical	2522
release, or reprieve to the convict or paroling the prisoner would	2523
further the interests of justice and be consistent with the	2524
welfare and security of society. However, the authority shall not	2525
recommend a pardon, commutation of sentence, or medical release	2526
of, or grant a parole to, any convict or prisoner until the	2527
authority has complied with the applicable notice requirements of	2528
sections 2930.16 and 2967.12 of the Revised Code and until it has	2529
considered any statement made by a victim or a victim's	2530
representative that is relevant to the convict's or prisoner's	2531
case and that was sent to the authority pursuant to section	2532
2930.17 of the Revised Code, any other statement made by a victim	2533
or a victim's representative that is relevant to the convict's or	2534
prisoner's case and that was received by the authority after it	2535
provided notice of the pendency of the action under sections	2536
2930.16 and 2967.12 of the Revised Code, and any written statement	2537
of any person submitted to the court pursuant to division (G)(I)	2538
of section 2967.12 of the Revised Code. If a victim, victim's	2539
representative, or the victim's spouse, parent, sibling, or child	2540
appears at a full board hearing of the parole board and gives	2541
testimony as authorized by section 5149.101 of the Revised Code,	2542
the authority shall consider the testimony in determining whether	2543
to grant a parole. The trial judge and prosecuting attorney of the	2544
trial court in which a person was convicted shall furnish to the	2545
authority, at the request of the authority, a summarized statement	2546
of the facts proved at the trial and of all other facts having	2547
reference to the propriety of recommending a pardon, commutation,	2548
or medical release, or granting a parole, together with a	2549
recommendation for or against a pardon, commutation, medical	2550
release, or parole, and the reasons for the recommendation. The	2551
trial judge, the prosecuting attorney, specified law enforcement	2552
agency members, and a representative of the prisoner may appear at	2553
a full board hearing of the parole board and give testimony in	2554
regard to the grant of a parole to the prisoner as authorized by	2555
section 5149.101 of the Revised Code. All state and local	2556
officials shall furnish information to the authority, when so	2557
requested by it in the performance of its duties.	2558

The adult parole authority shall exercise its functions and	2559
duties in relation to the release of prisoners who are serving a	2560
stated prison term in accordance with section 2967.28 of the	2561
Revised Code.	2562

Sec. 2967.12.  (A) Except as provided in division (G) of this	2563
section, at least three weekssixty days before the adult parole	2564
authority recommends any pardon or commutation of sentence, or	2565
grants any parole, the authority shall provide a notice of the	2566
pendency of the pardon, commutation, or parole, setting forth the	2567
name of the person on whose behalf it is made, the offense of	2568
which the person was convicted or to which the person pleaded	2569
guilty, the time of conviction or the guilty plea, and the term of	2570
the person's sentence, to the prosecuting attorney and the judge	2571
of the court of common pleas of the county in which the indictment	2572
against the person was found. If there is more than one judge of	2573
that court of common pleas, the authority shall provide the notice	2574
to the presiding judge. Upon the request of the prosecuting	2575
attorney or of any law enforcement agency, the authority shall	2576
provide to the requesting prosecuting attorney and law enforcement	2577
agencies an institutional summary report that covers the subject	2578
person's participation while confined in a state correctional	2579
institution in training, work, and other rehabilitative activities	2580
and any disciplinary action taken against the person while so	2581
confined. The department of rehabilitation and correction may	2582
utilize electronic means to provide this notice. The department of	2583
rehabilitation and correction, at the same time that it provides	2584
the notice to the prosecuting attorney and judge under this	2585
division, also shall post on the database it maintains pursuant to	2586
section 5120.66 of the Revised Code the offender's name and all of	2587
the information specified in division (A)(1)(c)(iii) of that	2588
section.	2589

(B) If a request for notification has been made pursuant to	2590
section 2930.16 of the Revised Code or if division (H) of this	2591
section applies, the office of victim services or the adult parole	2592
authority also shall provide notice to the victim or the victim's	2593
representative at least three weekssixty days prior to	2594
recommending any pardon or commutation of sentence for, or	2595
granting any parole to, the person. The notice shall include the	2596
information required by division (A) of this section and may be	2597
provided by telephone or through electronic means. The notice also	2598
shall inform the victim or the victim's representative that the	2599
victim or representative may send a written statement relative to	2600
the victimization and the pending action to the adult parole	2601
authority and that, if the authority receives any written	2602
statement prior to recommending a pardon or commutation or	2603
granting a parole for a person, the authority will consider the	2604
statement before it recommends a pardon or commutation or grants a	2605
parole. If the person is being considered for parole, the notice	2606
shall inform the victim or the victim's representative that a full	2607
board hearing of the parole board may be held and that the victim	2608
or victim's representative may contact the office of victims'	2609
services for further information. If the person being considered	2610
for parole was convicted of or pleaded guilty to violatinga	2611
violation of section 2903.01 or 2903.02 of the Revised Code, an	2612
offense of violence that is a felony of the first, second, or	2613
third degree, or an offense punished by a sentence of life	2614
imprisonment, the notice shall inform the victim of that offense,	2615
the victim's representative, or a member of the victim's immediate	2616
family that the victim, the victim's representative, and the	2617
victim's immediate family have the right to give testimony at a	2618
full board hearing of the parole board and that the victim or	2619
victim's representative may contact the office of victims'	2620
services for further information. As used in this division, "the	2621
victim's immediate family" means the mother, father, spouse,	2622
sibling, or child of the victim.	2623

(C) When notice of the pendency of any pardon, commutation of	2624
sentence, or parole has been provided to a judge or prosecutor or	2625
posted on the database as required in division (A) of this section	2626
and a hearing on the pardon, commutation, or parole is continued	2627
to a date certain, the authority shall provide notice of the	2628
further consideration of the pardon, commutation, or parole at	2629
least three weekssixty days before the further consideration. The	2630
notice of the further consideration shall be provided to the	2631
proper judge and prosecuting attorney at least three weekssixty	2632
days before the further consideration, and may be provided using	2633
electronic means, and, if the initial notice was posted on the	2634
database as provided in division (A) of this section, the notice	2635
of the further consideration shall be posted on the database at	2636
least three weekssixty days before the further consideration. If	2637
the prosecuting attorney or a law enforcement agency was provided	2638
a copy of the institutional summary report relative to the subject	2639
person under division (A) of this section, the authority shall	2640
include with the notice of the further consideration sent to the	2641
prosecuting attorney any new information with respect to the	2642
person that relates to activities and actions of the person that	2643
are of a type covered by the report and shall send to the law	2644
enforcement agency a report that provides notice of the further	2645
consideration and includes any such new information with respect	2646
to the person. When notice of the pendency of any pardon,	2647
commutation, or parole has been given as provided in division (B)	2648
of this section and the hearing on it is continued to a date	2649
certain, the authority shall give notice of the further	2650
consideration to the victim or the victim's representative in	2651
accordance with section 2930.03 of the Revised Code.	2652

(D) In case of an application for the pardon or commutation	2653
of sentence of a person sentenced to capital punishment, the	2654
governor may modify the requirements of notification and	2655
publication if there is not sufficient time for compliance with	2656
the requirements before the date fixed for the execution of	2657
sentence.	2658

(E) If an offender is serving a prison term imposed under	2659
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	2660
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2661
Code and if the parole board terminates its control over the	2662
offender's service of that term pursuant to section 2971.04 of the	2663
Revised Code, the parole board immediately shall provide written	2664
notice of its termination of control or the transfer of control to	2665
the entities and persons specified in section 2971.04 of the	2666
Revised Code.	2667

(F) The failure of the adult parole authority to comply with	2668
the notice or posting provisions of division (A), (B), or (C) of	2669
this section or the failure of the parole board to comply with the	2670
notice provisions of division (E) of this section do not give any	2671
rights or any grounds for appeal or post-conviction relief to the	2672
person serving the sentence.	2673

(G) Divisions (A), (B), and (C) of this section do not apply	2674
to any release of a person that is of the type described in	2675
division (B)(2)(b) of section 5120.031 of the Revised Code.	2676

(H) If a defendant is incarcerated for the commission of	2677
aggravated murder, murder, or an offense of violence that is a	2678
felony of the first, second, or third degree or is under a	2679
sentence of life imprisonment, except as otherwise provided in	2680
this division, the notice described in division (B) of this	2681
section shall be given to the victim or victim's representative	2682
regardless of whether the victim or victim's representative has	2683
made a request for notification. The notice described in division	2684
(B) of this section shall not be given under this division to a	2685
victim or victim's representative if the victim or victim's	2686
representative has requested pursuant to division (B)(2) of	2687
section 2930.03 of the Revised Code that the victim or the	2688
victim's representative not be provided the notice. The notice	2689
described in division (B) of this section does not have to be	2690
given under this division to a victim or victim's representative	2691
if notice was given to the victim or victim's representative with	2692
respect to at least two prior considerations of pardon,	2693
commutation, or parole of a person and the victim or victim's	2694
representative did not provide any written statement relative to	2695
the victimization and the pending action, did not attend any	2696
hearing conducted relative to the pending action, and did not	2697
otherwise respond to the office with respect to the pending	2698
action. Regardless of whether the victim or victim's	2699
representative has requested that the notice described in division	2700
(B) of this section be provided or not be provided, the office of	2701
victim services or adult parole authority shall give similar	2702
notice to the law enforcement agency that arrested the defendant	2703
if any officer of that agency was a victim of the offense and to	2704
any member of the victim's immediate family who requests	2705
notification. If notice is to be given under this division, the	2706
office or authority may give the notice by any reasonable means,	2707
including regular mail, telephone, and electronic mail, in	2708
accordance with division (D)(1) of section 2930.16 of the Revised	2709
Code. If the notice is based on an offense committed prior to the	2710
effective date of this amendment, the notice to the victim or	2711
victim's representative also shall include the opt-out information	2712
described in division (D)(1) of section 2930.16 of the Revised	2713
Code. The office or authority, in accordance with division (D)(2)	2714
of section 2930.16 of the Revised Code, shall keep a record of all	2715
attempts to provide the notice, and of all notices provided, under	2716
this division.	2717

Division (H) of this section, and the notice-related	2718
provisions of divisions (E)(2) and (K) of section 2929.20,	2719
division (D)(1) of section 2930.16, division (E)(1)(b) of section	2720
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	2721
section 2967.28, and division (A)(2) of section 5149.101 of the	2722
Revised Code enacted in the act in which division (H) of this	2723
section was enacted, shall be known as "Roberta's Law."	2724

(I) In addition to and independent of the right of a victim	2725
to make a statement as described in division (A) of this section	2726
or pursuant to section 2930.17 of the Revised Code or to otherwise	2727
make a statement, the authority for a judge or prosecuting	2728
attorney to furnish statements and information, make	2729
recommendations, and give testimony as described in division (A)	2730
of this section, the right of a prosecuting attorney, judge, or	2731
victim to give testimony or submit a statement at a full parole	2732
board hearing pursuant to section 5149.101 of the Revised Code,	2733
and any other right or duty of a person to present information or	2734
make a statement, any person may send to the adult parole	2735
authority at any time prior to the authority's recommending a	2736
pardon or commutation or granting a parole for the offender a	2737
written statement relative to the offense and the pending action.	2738

(J) As used in this section, "victim's immediate family"	2739
means the mother, father, spouse, sibling, or child of the victim,	2740
provided that in no case does "victim's immediate family" include	2741
the offender with respect to whom the notice in question applies.	2742

Sec. 2967.121.  (A) Subject to division (C)(D) of this	2743
section, at least two weeks before any convict who is serving a	2744
sentence for committing aggravated murder, murder, or a felony of	2745
the first, second, or third degree or who is serving a sentence of	2746
life imprisonment is released from confinement in any state	2747
correctional institution pursuant to a pardon, commutation of	2748
sentence, parole, or completed prison term, the adult parole	2749
authority shall provide notice of the release to the prosecuting	2750
attorney of the county in which the indictment of the convict was	2751
found. The	2752

(B) The notice required by this division (A) of this section	2753
may be contained in a weekly list of all felonsconvicts who are	2754
serving a sentence for aggravated murder, murder, or a felony of	2755
the first, second, or third degree or are serving a sentence of	2756
life imprisonment and who are scheduled for release. The notice	2757

(B) Subject to division (D) of this section, if a convict who	2758
is serving a sentence for committing aggravated murder, murder, or	2759
a felony of the first, second, or third degree or who is serving a	2760
sentence of life imprisonment is released from confinement	2761
pursuant to a pardon, commutation of sentence, parole, or	2762
completed prison term, the adult parole authority shall send	2763
notice of the release to the prosecuting attorney of the county in	2764
which the indictment of the convict was filed. The notice required	2765
by this division shall be sent to the appropriate prosecuting	2766
attorney at the end of the month in which the convict is released	2767
and may be contained in a monthly list of all convicts who are	2768
released in that month and for whom this division requires a	2769
notice to be sent to that prosecuting attorney.	2770

(C) The notices required by divisions (A) and (B) of this	2771
section shall contain all of the following:	2772

(1) The name of the convict being released;

2773

(2) The date of the convict's release;

2774

(3) The offense for the violation of which the convict was	2775
convicted and incarcerated;	2776

(4) The date of the convict's conviction pursuant to which	2777
the convict was incarcerated;	2778

(5) The sentence imposed for that conviction;

2779

(6) The length of any supervision that the convict will be	2780
under;	2781

(7) The name, business address, and business phone number of	2782
the convict's supervising officer;	2783

(8) The address at which the convict will reside.

2784

(C)(D)(1) Divisions (A) and, (B), and (C) of this section do	2785
not apply to the release from confinement of an offender if the	2786
offender is serving a prison term imposed under division (A)(3),	2787
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	2788
(c), or (d) of section 2971.03 of the Revised Code, if the court	2789
pursuant to section 2971.05 of the Revised Code modifies the	2790
requirement that the offender serve that entire term in a state	2791
correctional institution, and if the release from confinement is	2792
pursuant to that modification. In a case of that type, the court	2793
that modifies the requirement promptly shall provide written	2794
notice of the modification and the order that modifies the	2795
requirement or revises the modification to the offender, the	2796
department of rehabilitation and correction, the prosecuting	2797
attorney, and any state agency or political subdivision that is	2798
affected by the order.	2799

(2) Divisions (A) and, (B), and (C) of this section do not	2800
apply to the release from confinement of an offender if, upon	2801
admission to the state correctional institution, the offender has	2802
less than fourteen days to serve on the sentence.	2803

Sec. 2967.19.  (A) As used in this section:

2804

(1) "Deadly weapon" and "dangerous ordnance" have the same	2805
meanings as in section 2923.11 of the Revised Code.	2806

(2) "Disqualifying prison term" means any of the following:

2807

(a) A prison term imposed for aggravated murder, murder,	2808
voluntary manslaughter, involuntary manslaughter, felonious	2809
assault, kidnapping, rape, aggravated arson, aggravated burglary,	2810
or aggravated robbery;	2811

(b) A prison term imposed for complicity in, an attempt to	2812
commit, or conspiracy to commit any offense listed in division	2813
(A)(2)(a) of this section;	2814

(c) A prison term of life imprisonment, including any term of	2815
life imprisonment that has parole eligibility;	2816

(d) A prison term imposed for any felony other than carrying	2817
a concealed weapon an essential element of which is any conduct or	2818
failure to act expressly involving any deadly weapon or dangerous	2819
ordnance;	2820

(e) A prison term imposed for any violation of section	2821
2925.03 of the Revised Code that is a felony of the first or	2822
second degree;	2823

(f) A prison term imposed for engaging in a pattern of	2824
corrupt activity in violation of section 2923.32 of the Revised	2825
Code;	2826

(g) A prison term imposed pursuant to section 2971.03 of the	2827
Revised Code;	2828

(h) A prison term imposed for any sexually oriented offense.

2829

(3) "Eligible prison term" means any prison term that is not	2830
a disqualifying prison term and is not a restricting prison term.	2831

(4) "Restricting prison term" means any of the following:

2832

(a) A mandatory prison term imposed under division (B)(1)(a),	2833
(B)(1)(c), (B)(1)(f), (B)(1)(g), (B)(2), or (B)(7) of section	2834
2929.14 of the Revised Code for a specification of the type	2835
described in that division;	2836

(b) In the case of an offender who has been sentenced to a	2837
mandatory prison term for a specification of the type described in	2838
division (A)(4)(a) of this section, the prison term imposed for	2839
the felony offense for which the specification was stated at the	2840
end of the body of the indictment, count in the indictment, or	2841
information charging the offense;	2842

(c) A prison term imposed for trafficking in persons;

2843

(d) A prison term imposed for any offense that is described	2844
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	2845
of this section applies to the offender:	2846

(i) The offense is a felony of the first or second degree	2847
that is an offense of violence and that is not described in	2848
division (A)(2)(a) or (b) of this section, an attempt to commit a	2849
felony of the first or second degree that is an offense of	2850
violence and that is not described in division (A)(2)(a) or (b) of	2851
this section if the attempt is a felony of the first or second	2852
degree, or an offense under an existing or former law of this	2853
state, another state, or the United States that is or was	2854
substantially equivalent to any other offense described in this	2855
division.	2856

(ii) The offender previously was convicted of or pleaded	2857
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	2858
this section.	2859

(5) "Sexually oriented offense" has the same meaning as in	2860
section 2950.01 of the Revised Code.	2861

(B) The director of the department of rehabilitation and	2862
correction may recommend in writing to the sentencing court that	2863
the court consider releasing from prison any offender who, on or	2864
after September 30, 2011, is confined in a state correctional	2865
institution, who is serving a stated prison term of one year or	2866
more, and who is eligible under division (C) of this section for a	2867
release under this section. If the director wishes to recommend	2868
that the sentencing court consider releasing an offender under	2869
this section, the director shall notify the sentencing court in	2870
writing of the offender's eligibility not earlier than ninety days	2871
prior to the date on which the offender becomes eligible as	2872
described in division (C) of this section. The director's	2873
submission of the written notice constitutes a recommendation by	2874
the director that the court strongly consider release of the	2875
offender consistent with the purposes and principles of sentencing	2876
set forth in sections 2929.11 and 2929.13 of the Revised Code.	2877
Only an offender recommended by the director under division (B) of	2878
this section may be considered for early release under this	2879
section.	2880

(C)(1) An offender serving a stated prison term of one year	2881
or more and who has commenced service of that stated prison term	2882
becomes eligible for release from prison under this section only	2883
as described in this division. An offender serving a stated prison	2884
term that includes a disqualifying prison term is not eligible for	2885
release from prison under this section. An offender serving a	2886
stated prison term that consists solely of one or more restricting	2887
prison terms is not eligible for release under this section. An	2888
offender serving a stated prison term of one year or more that	2889
includes one or more restricting prison terms and one or more	2890
eligible prison terms becomes eligible for release under this	2891
section after having fully served all restricting prison terms and	2892
having served eighty per cent of the stated prison term that	2893
remains to be served after all restricting prison terms have been	2894
fully served. An offender serving a stated prison term that	2895
consists solely of one or more eligible prison terms becomes	2896
eligible for release under this section after having served eighty	2897
per cent of that stated prison term. For purposes of determining	2898
an offender's eligibility for release under this section, if the	2899
offender's stated prison term includes consecutive prison terms,	2900
any restricting prison terms shall be deemed served prior to any	2901
eligible prison terms that run consecutively to the restricting	2902
prison terms, and the eligible prison terms are deemed to commence	2903
after all of the restricting prison terms have been fully served.	2904

An offender serving a stated prison term of one year or more	2905
that includes a mandatory prison term that is not a disqualifying	2906
prison term and is not a restricting prison term is not	2907
automatically ineligible as a result of the offender's service of	2908
that mandatory term for release from prison under this section,	2909
and the offender's eligibility for release from prison under this	2910
section is determined in accordance with this division.	2911

(2) If an offender confined in a state correctional	2912
institution under a stated prison term is eligible for release	2913
under this section as described in division (C)(1) of this	2914
section, the director of the department of rehabilitation and	2915
correction may recommend in writing that the sentencing court	2916
consider releasing the offender from prison under this section by	2917
submitting to the sentencing court the written notice described in	2918
division (B) of this section.	2919

(D) The director shall include with any notice submitted to	2920
the sentencing court under division (B) of this section an	2921
institutional summary report that covers the offender's	2922
participation while confined in a state correctional institution	2923
in school, training, work, treatment, and other rehabilitative	2924
activities and any disciplinary action taken against the offender	2925
while so confined. The director shall include with the notice any	2926
other documentation requested by the court, if available.	2927

(E)(1) When the director submits a written notice to a	2928
sentencing court that an offender is eligible to be considered for	2929
early release under this section, the department promptly shall	2930
provide to the prosecuting attorney of the county in which the	2931
offender was indicted a copy of the written notice, a copy of the	2932
institutional summary report, and any other information provided	2933
to the court and shall provide a copy of the institutional summary	2934
report to any law enforcement agency that requests the report. The	2935
department also promptly shall givedo whichever of the following	2936
is applicable:	2937

(a) Subject to division (E)(1)(b) of this section, give	2938
written notice of the submission to any victim of the offender or	2939
victim's representative of any victim of the offender who is	2940
registered with the office of victim's services.	2941

(b) If the offense was aggravated murder, murder, an offense	2942
of violence that is a felony of the first, second, or third	2943
degree, or an offense punished by a sentence of life imprisonment,	2944
except as otherwise provided in this division, notify the victim	2945
or the victim's representative of the filing of the petition	2946
regardless of whether the victim or victim's representative has	2947
registered with the office of victim's services. The notice of the	2948
filing of the petition shall not be given under this division to a	2949
victim or victim's representative if the victim or victim's	2950
representative has requested pursuant to division (B)(2) of	2951
section 2930.03 of the Revised Code that the victim or the	2952
victim's representative not be provided the notice. If notice is	2953
to be provided to a victim or victim's representative under this	2954
division, the department may give the notice by any reasonable	2955
means, including regular mail, telephone, and electronic mail, in	2956
accordance with division (D)(1) of section 2930.16 of the Revised	2957
Code. If the notice is based on an offense committed prior to the	2958
effective date of this amendment, the notice also shall include	2959
the opt-out information described in division (D)(1) of section	2960
2930.16 of the Revised Code. The department, in accordance with	2961
division (D)(2) of section 2930.16 of the Revised Code, shall keep	2962
a record of all attempts to provide the notice, and of all notices	2963
provided, under this division.	2964

Division (E)(1)(b) of this section, and the notice-related	2965
provisions of divisions (E)(2) and (K) of section 2929.20,	2966
division (D)(1) of section 2930.16, division (H) of section	2967
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of	2968
section 2967.28, and division (A)(2) of section 5149.101 of the	2969
Revised Code enacted in the act in which division (E)(2) of this	2970
section was enacted, shall be known as "Roberta's Law."	2971

The(2) When the director submits a petition under this	2972
section, the department also promptly shall post a copy of the	2973
written notice on the database it maintains under section 5120.66	2974
of the Revised Code and include information on where a person may	2975
send comments regarding the recommendation of early release.	2976

The information provided to the court, the prosecutor, and	2977
the victim or victim's representative under divisions (D) and (E)	2978
of this section shall include the name and contact information of	2979
a specific department of rehabilitation and correction employee	2980
who is available to answer questions about the offender who is the	2981
subject of the written notice submitted by the director,	2982
including, but not limited to, the offender's institutional	2983
conduct and rehabilitative activities while incarcerated.	2984

(F) Upon receipt of a written notice submitted by the	2985
director under division (B) of this section, the court either	2986
shall, on its own motion, schedule a hearing to consider releasing	2987
the offender who is the subject of the notice or shall inform the	2988
department that it will not be conducting a hearing relative to	2989
the offender. The court shall not grant an early release to an	2990
offender without holding a hearing. If a court declines to hold a	2991
hearing relative to an offender with respect to a written notice	2992
submitted by the director, the court may later consider release of	2993
that offender under this section on its own motion by scheduling a	2994
hearing for that purpose. Within thirty days after the written	2995
notice is submitted, the court shall inform the department whether	2996
or not the court is scheduling a hearing on the offender who is	2997
the subject of the notice.	2998

(G) If the court schedules a hearing upon receiving a written	2999
notice submitted under division (B) of this section or upon its	3000
own motion under division (F) of this section, the court shall	3001
notify the head of the state correctional institution in which the	3002
offender is confined of the hearing prior to the hearing. If the	3003
court makes a journal entry ordering the offender to be conveyed	3004
to the hearing, except as otherwise provided in this division, the	3005
head of the correctional institution shall deliver the offender to	3006
the sheriff of the county in which the hearing is to be held, and	3007
the sheriff shall convey the offender to and from the hearing.	3008
Upon the court's own motion or the motion of the offender or the	3009
prosecuting attorney of the county in which the offender was	3010
indicted, the court may permit the offender to appear at the	3011
hearing by video conferencing equipment if equipment of that	3012
nature is available and compatible.	3013

Upon receipt of notice from a court of a hearing on the	3014
release of an offender under this division, the head of the state	3015
correctional institution in which the offender is confined	3016
immediately shall notify the appropriate person at the department	3017
of rehabilitation and correction of the hearing, and the	3018
department within twenty-four hours after receipt of the notice	3019
shall post on the database it maintains pursuant to section	3020
5120.66 of the Revised Code the offender's name and all of the	3021
information specified in division (A)(1)(c)(i) of that section. If	3022
the court schedules a hearing under this section, the court	3023
promptly shall give notice of the hearing to the prosecuting	3024
attorney of the county in which the offender was indicted. Upon	3025
receipt of the notice from the court, the prosecuting attorney	3026
shall notify pursuant to section 2930.16 of the Revised Code any	3027
victim of the offender or the victim's representative of the	3028
hearing.	3029

(H) If the court schedules a hearing under this section, at	3030
the hearing, the court shall afford the offender and the	3031
offender's attorney an opportunity to present written information	3032
and, if present, oral information relevant to the offender's early	3033
release. The court shall afford a similar opportunity to the	3034
prosecuting attorney, victim or victim's representative, as	3035
defined in section 2930.01 of the Revised Code, and any other	3036
person the court determines is likely to present additional	3037
relevant information. If the court pursuant to division (G) of	3038
this section permits the offender to appear at the hearing by	3039
video conferencing equipment, the offender's opportunity to	3040
present oral information shall be as a part of the video	3041
conferencing. The court shall consider any statement of a victim	3042
made under section 2930.14 or 2930.17 of the Revised Code, any	3043
victim impact statement prepared under section 2947.051 of the	3044
Revised Code, and any report and other documentation submitted by	3045
the director under division (D) of this section. After ruling on	3046
whether to grant the offender early release, the court shall	3047
notify the victim in accordance with sections 2930.03 and 2930.16	3048
of the Revised Code.	3049

(I) If the court grants an offender early release under this	3050
section, it shall order the release of the offender, shall place	3051
the offender under one or more appropriate community control	3052
sanctions, under appropriate conditions, and under the supervision	3053
of the department of probation that serves the court, and shall	3054
reserve the right to reimpose the sentence that it reduced and	3055
from which the offender was released if the offender violates the	3056
sanction. The court shall not make a release under this section	3057
effective prior to the date on which the offender becomes eligible	3058
as described in division (C) of this section. If the sentence	3059
under which the offender is confined in a state correctional	3060
institution and from which the offender is being released was	3061
imposed for a felony of the first or second degree, the court	3062
shall consider ordering that the offender be monitored by means of	3063
a global positioning device. If the court reimposes the sentence	3064
that it reduced and from which the offender was released and if	3065
the violation of the sanction is a new offense, the court may	3066
order that the reimposed sentence be served either concurrently	3067
with, or consecutive to, any new sentence imposed upon the	3068
offender as a result of the violation that is a new offense. The	3069
period of all community control sanctions imposed under this	3070
division shall not exceed five years. The court, in its	3071
discretion, may reduce the period of community control sanctions	3072
by the amount of time the offender spent in jail or prison for the	3073
offense.	3074

If the court grants an offender early release under this	3075
section, it shall notify the appropriate person at the department	3076
of rehabilitation and correction of the release, and the	3077
department shall post notice of the release on the database it	3078
maintains pursuant to section 5120.66 of the Revised Code.	3079

(J) The department shall adopt under Chapter 119. of the	3080
Revised Code any rules necessary to implement this section.	3081

Sec. 2967.26.  (A)(1) The department of rehabilitation and	3082
correction, by rule, may establish a transitional control program	3083
for the purpose of closely monitoring a prisoner's adjustment to	3084
community supervision during the final one hundred eighty days of	3085
the prisoner's confinement. If the department establishes a	3086
transitional control program under this division, the division of	3087
parole and community services of the department of rehabilitation	3088
and correction may transfer eligible prisoners to transitional	3089
control status under the program during the final one hundred	3090
eighty days of their confinement and under the terms and	3091
conditions established by the department, shall provide for the	3092
confinement as provided in this division of each eligible prisoner	3093
so transferred, and shall supervise each eligible prisoner so	3094
transferred in one or more community control sanctions. Each	3095
eligible prisoner who is transferred to transitional control	3096
status under the program shall be confined in a suitable facility	3097
that is licensed pursuant to division (C) of section 2967.14 of	3098
the Revised Code, or shall be confined in a residence the	3099
department has approved for this purpose and be monitored pursuant	3100
to an electronic monitoring device, as defined in section 2929.01	3101
of the Revised Code. If the department establishes a transitional	3102
control program under this division, the rules establishing the	3103
program shall include criteria that define which prisoners are	3104
eligible for the program, criteria that must be satisfied to be	3105
approved as a residence that may be used for confinement under the	3106
program of a prisoner that is transferred to it and procedures for	3107
the department to approve residences that satisfy those criteria,	3108
and provisions of the type described in division (C) of this	3109
section. At a minimum, the criteria that define which prisoners	3110
are eligible for the program shall provide all of the following:	3111

(a) That a prisoner is eligible for the program if the	3112
prisoner is serving a prison term or term of imprisonment for an	3113
offense committed prior to March 17, 1998, and if, at the time at	3114
which eligibility is being determined, the prisoner would have	3115
been eligible for a furlough under this section as it existed	3116
immediately prior to March 17, 1998, or would have been eligible	3117
for conditional release under former section 2967.23 of the	3118
Revised Code as that section existed immediately prior to March	3119
17, 1998;	3120

(b) That no prisoner who is serving a mandatory prison term	3121
is eligible for the program until after expiration of the	3122
mandatory term;	3123

(c) That no prisoner who is serving a prison term or term of	3124
life imprisonment without parole imposed pursuant to section	3125
2971.03 of the Revised Code is eligible for the program.	3126

(2) At least three weekssixty days prior to transferring to	3127
transitional control under this section a prisoner who is serving	3128
a term of imprisonment or prison term for an offense committed on	3129
or after July 1, 1996, the division of parole and community	3130
services of the department of rehabilitation and correction shall	3131
give notice of the pendency of the transfer to transitional	3132
control to the court of common pleas of the county in which the	3133
indictment against the prisoner was found and of the fact that the	3134
court may disapprove the transfer of the prisoner to transitional	3135
control and shall include athe institutional summary report	3136
prepared by the head of the state correctional institution in	3137
which the prisoner is confined. The head of the state correctional	3138
institution in which the prisoner is confined, upon the request of	3139
the division of parole and community services, shall provide to	3140
the division for inclusion in the notice sent to the court under	3141
this division aan institutional summary report on the prisoner's	3142
conduct in the institution and in any institution from which the	3143
prisoner may have been transferred. The institutional summary	3144
report shall cover the prisoner's participation in school,	3145
vocational training, work, treatment, and other rehabilitative	3146
activities and any disciplinary action taken against the prisoner.	3147
If the court disapproves of the transfer of the prisoner to	3148
transitional control, the court shall notify the division of the	3149
disapproval within thirty days after receipt of the notice. If the	3150
court timely disapproves the transfer of the prisoner to	3151
transitional control, the division shall not proceed with the	3152
transfer. If the court does not timely disapprove the transfer of	3153
the prisoner to transitional control, the division may transfer	3154
the prisoner to transitional control.	3155

(3)(a) If the victim of an offense for which a prisoner was	3156
sentenced to a prison term or term of imprisonment has requested	3157
notification under section 2930.16 of the Revised Code and has	3158
provided the department of rehabilitation and correction with the	3159
victim's name and address or if division (A)(3)(b) of this section	3160
applies, the division of parole and community services, at least	3161
three weekssixty days prior to transferring the prisoner to	3162
transitional control pursuant to this section, shall notify the	3163
victim of the pendency of the transfer and of the victim's right	3164
to submit a statement to the division regarding the impact of the	3165
transfer of the prisoner to transitional control. If the victim	3166
subsequently submits a statement of that nature to the division,	3167
the division shall consider the statement in deciding whether to	3168
transfer the prisoner to transitional control.	3169

(b) If a prisoner is incarcerated for the commission of	3170
aggravated murder, murder, or an offense of violence that is a	3171
felony of the first, second, or third degree or under a sentence	3172
of life imprisonment, except as otherwise provided in this	3173
division, the notice described in division (A)(3)(a) of this	3174
section shall be given regardless of whether the victim has	3175
requested the notification. The notice described in division	3176
(A)(3)(a) of this section shall not be given under this division	3177
to a victim if the victim has requested pursuant to division	3178
(B)(2) of section 2930.03 of the Revised Code that the victim not	3179
be provided the notice. If notice is to be provided to a victim	3180
under this division, the authority may give the notice by any	3181
reasonable means, including regular mail, telephone, and	3182
electronic mail, in accordance with division (D)(1) of section	3183
2930.16 of the Revised Code. If the notice is based on an offense	3184
committed prior to the effective date of this amendment, the	3185
notice also shall include the opt-out information described in	3186
division (D)(1) of section 2930.16 of the Revised Code. The	3187
authority, in accordance with division (D)(2) of section 2930.16	3188
of the Revised Code, shall keep a record of all attempts to	3189
provide the notice, and of all notices provided, under this	3190
division.	3191

Division (A)(3)(b) of this section, and the notice-related	3192
provisions of divisions (E)(2) and (K) of section 2929.20,	3193
division (D)(1) of section 2930.16, division (H) of section	3194
2967.12, division (E)(1)(b) of section 2967.19, division (D)(1) of	3195
section 2967.28, and division (A)(2) of section 5149.101 of the	3196
Revised Code enacted in the act in which division (A)(3)(b) of	3197
this section was enacted, shall be known as "Roberta's Law."	3198

(4) The department of rehabilitation and correction, at least	3199
three weekssixty days prior to transferring a prisoner to	3200
transitional control pursuant to this section, shall post on the	3201
database it maintains pursuant to section 5120.66 of the Revised	3202
Code the prisoner's name and all of the information specified in	3203
division (A)(1)(c)(iv) of that section. In addition to and	3204
independent of the right of a victim to submit a statement as	3205
described in division (A)(3) of this section or to otherwise make	3206
a statement and in addition to and independent of any other right	3207
or duty of a person to present information or make a statement,	3208
any person may send to the division of parole and community	3209
services at any time prior to the division's transfer of the	3210
prisoner to transitional control a written statement regarding the	3211
transfer of the prisoner to transitional control. In addition to	3212
the information, reports, and statements it considers under	3213
divisions (A)(2) and (3) of this section or that it otherwise	3214
considers, the division shall consider each statement submitted in	3215
accordance with this division in deciding whether to transfer the	3216
prisoner to transitional control.	3217

(B) Each prisoner transferred to transitional control under	3218
this section shall be confined in the manner described in division	3219
(A) of this section during any period of time that the prisoner is	3220
not actually working at the prisoner's approved employment,	3221
engaged in a vocational training or another educational program,	3222
engaged in another program designated by the director, or engaged	3223
in other activities approved by the department.	3224

(C) The department of rehabilitation and correction shall	3225
adopt rules for transferring eligible prisoners to transitional	3226
control, supervising and confining prisoners so transferred,	3227
administering the transitional control program in accordance with	3228
this section, and using the moneys deposited into the transitional	3229
control fund established under division (E) of this section.	3230

(D) The department of rehabilitation and correction may adopt	3231
rules for the issuance of passes for the limited purposes	3232
described in this division to prisoners who are transferred to	3233
transitional control under this section. If the department adopts	3234
rules of that nature, the rules shall govern the granting of the	3235
passes and shall provide for the supervision of prisoners who are	3236
temporarily released pursuant to one of those passes. Upon the	3237
adoption of rules under this division, the department may issue	3238
passes to prisoners who are transferred to transitional control	3239
status under this section in accordance with the rules and the	3240
provisions of this division. All passes issued under this division	3241
shall be for a maximum of forty-eight hours and may be issued only	3242
for the following purposes:	3243

(1) To visit a relative in imminent danger of death;

3244

(2) To have a private viewing of the body of a deceased	3245
relative;	3246

(3) To visit with family;

3247

(4) To otherwise aid in the rehabilitation of the prisoner.

3248

(E) The division of parole and community services may require	3249
a prisoner who is transferred to transitional control to pay to	3250
the division the reasonable expenses incurred by the division in	3251
supervising or confining the prisoner while under transitional	3252
control. Inability to pay those reasonable expenses shall not be	3253
grounds for refusing to transfer an otherwise eligible prisoner to	3254
transitional control. Amounts received by the division of parole	3255
and community services under this division shall be deposited into	3256
the transitional control fund, which is hereby created in the	3257
state treasury and which hereby replaces and succeeds the furlough	3258
services fund that formerly existed in the state treasury. All	3259
moneys that remain in the furlough services fund on March 17,	3260
1998, shall be transferred on that date to the transitional	3261
control fund. The transitional control fund shall be used solely	3262
to pay costs related to the operation of the transitional control	3263
program established under this section. The director of	3264
rehabilitation and correction shall adopt rules in accordance with	3265
section 111.15 of the Revised Code for the use of the fund.	3266

(F) A prisoner who violates any rule established by the	3267
department of rehabilitation and correction under division (A),	3268
(C), or (D) of this section may be transferred to a state	3269
correctional institution pursuant to rules adopted under division	3270
(A), (C), or (D) of this section, but the prisoner shall receive	3271
credit towards completing the prisoner's sentence for the time	3272
spent under transitional control.	3273

If a prisoner is transferred to transitional control under	3274
this section, upon successful completion of the period of	3275
transitional control, the prisoner may be released on parole or	3276
under post-release control pursuant to section 2967.13 or 2967.28	3277
of the Revised Code and rules adopted by the department of	3278
rehabilitation and correction. If the prisoner is released under	3279
post-release control, the duration of the post-release control,	3280
the type of post-release control sanctions that may be imposed,	3281
the enforcement of the sanctions, and the treatment of prisoners	3282
who violate any sanction applicable to the prisoner are governed	3283
by section 2967.28 of the Revised Code.	3284

Sec. 2967.28.  (A) As used in this section:

3285

(1) "Monitored time" means the monitored time sanction	3286
specified in section 2929.17 of the Revised Code.	3287

(2) "Deadly weapon" and "dangerous ordnance" have the same	3288
meanings as in section 2923.11 of the Revised Code.	3289

(3) "Felony sex offense" means a violation of a section	3290
contained in Chapter 2907. of the Revised Code that is a felony.	3291

(4) "Risk reduction sentence" means a prison term imposed by	3292
a court, when the court recommends pursuant to section 2929.143 of	3293
the Revised Code that the offender serve the sentence under	3294
section 5120.036 of the Revised Code, and the offender may	3295
potentially be released from imprisonment prior to the expiration	3296
of the prison term if the offender successfully completes all	3297
assessment and treatment or programming required by the department	3298
of rehabilitation and correction under section 5120.036 of the	3299
Revised Code.	3300

(5) "Victim's immediate family" has the same meaning as in	3301
section 2967.12 of the Revised Code.	3302

(B) Each sentence to a prison term for a felony of the first	3303
degree, for a felony of the second degree, for a felony sex	3304
offense, or for a felony of the third degree that is an offense of	3305
violence and is not a felony sex offense and in the commission of	3306
which the offender caused or threatened to cause physical harm to	3307
a person shall include a requirement that the offender be subject	3308
to a period of post-release control imposed by the parole board	3309
after the offender's release from imprisonment. This division	3310
applies with respect to all prison terms of a type described in	3311
this division, including a term of any such type that is a risk	3312
reduction sentence. If a court imposes a sentence including a	3313
prison term of a type described in this division on or after July	3314
11, 2006, the failure of a sentencing court to notify the offender	3315
pursuant to division (B)(2)(c) of section 2929.19 of the Revised	3316
Code of this requirement or to include in the judgment of	3317
conviction entered on the journal a statement that the offender's	3318
sentence includes this requirement does not negate, limit, or	3319
otherwise affect the mandatory period of supervision that is	3320
required for the offender under this division. Section 2929.191 of	3321
the Revised Code applies if, prior to July 11, 2006, a court	3322
imposed a sentence including a prison term of a type described in	3323
this division and failed to notify the offender pursuant to	3324
division (B)(2)(c) of section 2929.19 of the Revised Code	3325
regarding post-release control or to include in the judgment of	3326
conviction entered on the journal or in the sentence pursuant to	3327
division (D)(1) of section 2929.14 of the Revised Code a statement	3328
regarding post-release control. Unless reduced by the parole board	3329
pursuant to division (D) of this section when authorized under	3330
that division, a period of post-release control required by this	3331
division for an offender shall be of one of the following periods:	3332

(1) For a felony of the first degree or for a felony sex	3333
offense, five years;	3334

(2) For a felony of the second degree that is not a felony	3335
sex offense, three years;	3336

(3) For a felony of the third degree that is an offense of	3337
violence and is not a felony sex offense and in the commission of	3338
which the offender caused or threatened physical harm to a person,	3339
three years.	3340

(C) Any sentence to a prison term for a felony of the third,	3341
fourth, or fifth degree that is not subject to division (B)(1) or	3342
(3) of this section shall include a requirement that the offender	3343
be subject to a period of post-release control of up to three	3344
years after the offender's release from imprisonment, if the	3345
parole board, in accordance with division (D) of this section,	3346
determines that a period of post-release control is necessary for	3347
that offender. This division applies with respect to all prison	3348
terms of a type described in this division, including a term of	3349
any such type that is a risk reduction sentence. Section 2929.191	3350
of the Revised Code applies if, prior to July 11, 2006, a court	3351
imposed a sentence including a prison term of a type described in	3352
this division and failed to notify the offender pursuant to	3353
division (B)(2)(d) of section 2929.19 of the Revised Code	3354
regarding post-release control or to include in the judgment of	3355
conviction entered on the journal or in the sentence pursuant to	3356
division (D)(2) of section 2929.14 of the Revised Code a statement	3357
regarding post-release control. Pursuant to an agreement entered	3358
into under section 2967.29 of the Revised Code, a court of common	3359
pleas or parole board may impose sanctions or conditions on an	3360
offender who is placed on post-release control under this	3361
division.	3362

(D)(1) Before the prisoner is released from imprisonment, the	3363
parole board or, pursuant to an agreement under section 2967.29 of	3364
the Revised Code, the court shall impose upon a prisoner described	3365
in division (B) of this section, shall impose upon a prisoner	3366
described in division (C) of this section who is to be released	3367
before the expiration of the prisoner's stated prison term under a	3368
risk reduction sentence, may impose upon a prisoner described in	3369
division (C) of this section who is not to be released before the	3370
expiration of the prisoner's stated prison term under a risk	3371
reduction sentence, and shall impose upon a prisoner described in	3372
division (B)(2)(b) of section 5120.031 or in division (B)(1) of	3373
section 5120.032 of the Revised Code, one or more post-release	3374
control sanctions to apply during the prisoner's period of	3375
post-release control. Whenever the board or court imposes one or	3376
more post-release control sanctions upon a prisoner, the board or	3377
court, in addition to imposing the sanctions, also shall include	3378
as a condition of the post-release control that the offender not	3379
leave the state without permission of the court or the offender's	3380
parole or probation officer and that the offender abide by the	3381
law. The board or court may impose any other conditions of release	3382
under a post-release control sanction that the board or court	3383
considers appropriate, and the conditions of release may include	3384
any community residential sanction, community nonresidential	3385
sanction, or financial sanction that the sentencing court was	3386
authorized to impose pursuant to sections 2929.16, 2929.17, and	3387
2929.18 of the Revised Code. Prior to the release of a prisoner	3388
for whom it will impose one or more post-release control sanctions	3389
under this division, the parole board or court shall review the	3390
prisoner's criminal history, results from the single validated	3391
risk assessment tool selected by the department of rehabilitation	3392
and correction under section 5120.114 of the Revised Code, all	3393
juvenile court adjudications finding the prisoner, while a	3394
juvenile, to be a delinquent child, and the record of the	3395
prisoner's conduct while imprisoned. The parole board or court	3396
shall consider any recommendation regarding post-release control	3397
sanctions for the prisoner made by the office of victims'	3398
services. After considering those materials, the board or court	3399
shall determine, for a prisoner described in division (B) of this	3400
section, division (B)(2)(b) of section 5120.031, or division	3401
(B)(1) of section 5120.032 of the Revised Code and for a prisoner	3402
described in division (C) of this section who is to be released	3403
before the expiration of the prisoner's stated prison term under a	3404
risk reduction sentence, which post-release control sanction or	3405
combination of post-release control sanctions is reasonable under	3406
the circumstances or, for a prisoner described in division (C) of	3407
this section who is not to be released before the expiration of	3408
the prisoner's stated prison term under a risk reduction sentence,	3409
whether a post-release control sanction is necessary and, if so,	3410
which post-release control sanction or combination of post-release	3411
control sanctions is reasonable under the circumstances. In the	3412
case of a prisoner convicted of a felony of the fourth or fifth	3413
degree other than a felony sex offense, the board or court shall	3414
presume that monitored time is the appropriate post-release	3415
control sanction unless the board or court determines that a more	3416
restrictive sanction is warranted. A post-release control sanction	3417
imposed under this division takes effect upon the prisoner's	3418
release from imprisonment.	3419

Regardless of whether the prisoner was sentenced to the	3420
prison term prior to, on, or after July 11, 2006, prior to the	3421
release of a prisoner for whom it will impose one or more	3422
post-release control sanctions under this division, the parole	3423
board shall notify the prisoner that, if the prisoner violates any	3424
sanction so imposed or any condition of post-release control	3425
described in division (B) of section 2967.131 of the Revised Code	3426
that is imposed on the prisoner, the parole board may impose a	3427
prison term of up to one-half of the stated prison term originally	3428
imposed upon the prisoner.	3429

At least thirty days before the prisoner is released from	3430
imprisonment, except as otherwise provided in this paragraph, the	3431
department of rehabilitation and correction shall notify the	3432
victim and the victim's immediate family of the date on which the	3433
prisoner will be released, the period for which the prisoner will	3434
be under post-release control supervision, and the terms and	3435
conditions of the prisoner's post-release control regardless of	3436
whether the victim or victim's immediate family has requested the	3437
notification. The notice described in this paragraph shall not be	3438
given to a victim or victim's immediate family if the victim or	3439
the victim's immediate family has requested pursuant to division	3440
(B)(2) of section 2930.03 of the Revised Code that the notice not	3441
be provided to the victim or the victim's immediate family. At	3442
least thirty days before the prisoner is released from	3443
imprisonment and regardless of whether the victim or victim's	3444
immediate family has requested that the notice described in this	3445
paragraph be provided or not be provided to the victim or the	3446
victim's immediate family, the department also shall provide	3447
notice of that nature to the prosecuting attorney in the case and	3448
the law enforcement agency that arrested the prisoner if any	3449
officer of that agency was a victim of the offense.	3450

If the notice given under the preceding paragraph to the	3451
victim or the victim's immediate family is based on an offense	3452
committed prior to the effective date of this amendment and if the	3453
department of rehabilitation and correction has not previously	3454
successfully provided any notice to the victim or the victim's	3455
immediate family under division (B), (C), or (D) of section	3456
2930.16 of the Revised Code with respect to that offense and the	3457
offender who committed it, the notice also shall inform the victim	3458
or the victim's immediate family that the victim or the victim's	3459
immediate family may request that the victim or the victim's	3460
immediate family not be provided any further notices with respect	3461
to that offense and the offender who committed it and shall	3462
describe the procedure for making that request. The department may	3463
give the notices to which the preceding paragraph applies by any	3464
reasonable means, including regular mail, telephone, and	3465
electronic mail. If the department attempts to provide notice to	3466
any specified person under the preceding paragraph but the attempt	3467
is unsuccessful because the department is unable to locate the	3468
specified person, is unable to provide the notice by its chosen	3469
method because it cannot determine the mailing address, electronic	3470
mail address, or telephone number at which to provide the notice,	3471
or, if the notice is sent by mail, the notice is returned, the	3472
department shall make another attempt to provide the notice to the	3473
specified person. If the second attempt is unsuccessful, the	3474
department shall make at least one more attempt to provide the	3475
notice. If the notice is based on an offense committed prior to	3476
the effective date of this amendment, in each attempt to provide	3477
the notice to the victim or victim's immediate family, the notice	3478
shall include the opt-out information described in this paragraph.	3479
The department, in the manner described in division (D)(2) of	3480
section 2930.16 of the Revised Code, shall keep a record of all	3481
attempts to provide the notice, and of all notices provided, under	3482
this paragraph and the preceding paragraph. The record shall be	3483
considered as if it was kept under division (D)(2) of section	3484
2930.16 of the Revised Code. This paragraph, the preceding	3485
paragraph, and the notice-related provisions of divisions (E)(2)	3486
and (K) of section 2929.20, division (D)(1) of section 2930.16,	3487
division (H) of section 2967.12, division (E)(1)(b) of section	3488
2967.19, division (A)(3)(b) of section 2967.26, and division	3489
(A)(2) of section 5149.101 of the Revised Code enacted in the act	3490
in which this paragraph and the preceding paragraph were enacted,	3491
shall be known as "Roberta's Law."	3492

(2) If a prisoner who is placed on post-release control under	3493
this section is released before the expiration of the prisoner's	3494
stated prison term by reason of credit earned under section	3495
2967.193 of the Revised Code and if the prisoner earned sixty or	3496
more days of credit, the adult parole authority shall supervise	3497
the offender with an active global positioning system device for	3498
the first fourteen days after the offender's release from	3499
imprisonment. This division does not prohibit or limit the	3500
imposition of any post-release control sanction otherwise	3501
authorized by this section.	3502

(3) At any time after a prisoner is released from	3503
imprisonment and during the period of post-release control	3504
applicable to the releasee, the adult parole authority or,	3505
pursuant to an agreement under section 2967.29 of the Revised	3506
Code, the court may review the releasee's behavior under the	3507
post-release control sanctions imposed upon the releasee under	3508
this section. The authority or court may determine, based upon the	3509
review and in accordance with the standards established under	3510
division (E) of this section, that a more restrictive or a less	3511
restrictive sanction is appropriate and may impose a different	3512
sanction. The authority also may recommend that the parole board	3513
or court increase or reduce the duration of the period of	3514
post-release control imposed by the court. If the authority	3515
recommends that the board or court increase the duration of	3516
post-release control, the board or court shall review the	3517
releasee's behavior and may increase the duration of the period of	3518
post-release control imposed by the court up to eight years. If	3519
the authority recommends that the board or court reduce the	3520
duration of control for an offense described in division (B) or	3521
(C) of this section, the board or court shall review the	3522
releasee's behavior and may reduce the duration of the period of	3523
control imposed by the court. In no case shall the board or court	3524
reduce the duration of the period of control imposed for an	3525
offense described in division (B)(1) of this section to a period	3526
less than the length of the stated prison term originally imposed,	3527
and in no case shall the board or court permit the releasee to	3528
leave the state without permission of the court or the releasee's	3529
parole or probation officer.	3530

(E) The department of rehabilitation and correction, in	3531
accordance with Chapter 119. of the Revised Code, shall adopt	3532
rules that do all of the following:	3533

(1) Establish standards for the imposition by the parole	3534
board of post-release control sanctions under this section that	3535
are consistent with the overriding purposes and sentencing	3536
principles set forth in section 2929.11 of the Revised Code and	3537
that are appropriate to the needs of releasees;	3538

(2) Establish standards that provide for a period of	3539
post-release control of up to three years for all prisoners	3540
described in division (C) of this section who are to be released	3541
before the expiration of their stated prison term under a risk	3542
reduction sentence and standards by which the parole board can	3543
determine which prisoners described in division (C) of this	3544
section who are not to be released before the expiration of their	3545
stated prison term under a risk reduction sentence should be	3546
placed under a period of post-release control;	3547

(3) Establish standards to be used by the parole board in	3548
reducing the duration of the period of post-release control	3549
imposed by the court when authorized under division (D) of this	3550
section, in imposing a more restrictive post-release control	3551
sanction than monitored time upon a prisoner convicted of a felony	3552
of the fourth or fifth degree other than a felony sex offense, or	3553
in imposing a less restrictive control sanction upon a releasee	3554
based on the releasee's activities including, but not limited to,	3555
remaining free from criminal activity and from the abuse of	3556
alcohol or other drugs, successfully participating in approved	3557
rehabilitation programs, maintaining employment, and paying	3558
restitution to the victim or meeting the terms of other financial	3559
sanctions;	3560

(4) Establish standards to be used by the adult parole	3561
authority in modifying a releasee's post-release control sanctions	3562
pursuant to division (D)(2) of this section;	3563

(5) Establish standards to be used by the adult parole	3564
authority or parole board in imposing further sanctions under	3565
division (F) of this section on releasees who violate post-release	3566
control sanctions, including standards that do the following:	3567

(a) Classify violations according to the degree of	3568
seriousness;	3569

(b) Define the circumstances under which formal action by the	3570
parole board is warranted;	3571

(c) Govern the use of evidence at violation hearings;

3572

(d) Ensure procedural due process to an alleged violator;

3573

(e) Prescribe nonresidential community control sanctions for	3574
most misdemeanor and technical violations;	3575

(f) Provide procedures for the return of a releasee to	3576
imprisonment for violations of post-release control.	3577

(F)(1) Whenever the parole board imposes one or more	3578
post-release control sanctions upon an offender under this	3579
section, the offender upon release from imprisonment shall be	3580
under the general jurisdiction of the adult parole authority and	3581
generally shall be supervised by the field services section	3582
through its staff of parole and field officers as described in	3583
section 5149.04 of the Revised Code, as if the offender had been	3584
placed on parole. If the offender upon release from imprisonment	3585
violates the post-release control sanction or any conditions	3586
described in division (A) of section 2967.131 of the Revised Code	3587
that are imposed on the offender, the public or private person or	3588
entity that operates or administers the sanction or the program or	3589
activity that comprises the sanction shall report the violation	3590
directly to the adult parole authority or to the officer of the	3591
authority who supervises the offender. The authority's officers	3592
may treat the offender as if the offender were on parole and in	3593
violation of the parole, and otherwise shall comply with this	3594
section.	3595

(2) If the adult parole authority or, pursuant to an	3596
agreement under section 2967.29 of the Revised Code, the court	3597
determines that a releasee has violated a post-release control	3598
sanction or any conditions described in division (A) of section	3599
2967.131 of the Revised Code imposed upon the releasee and that a	3600
more restrictive sanction is appropriate, the authority or court	3601
may impose a more restrictive sanction upon the releasee, in	3602
accordance with the standards established under division (E) of	3603
this section or in accordance with the agreement made under	3604
section 2967.29 of the Revised Code, or may report the violation	3605
to the parole board for a hearing pursuant to division (F)(3) of	3606
this section. The authority or court may not, pursuant to this	3607
division, increase the duration of the releasee's post-release	3608
control or impose as a post-release control sanction a residential	3609
sanction that includes a prison term, but the authority or court	3610
may impose on the releasee any other residential sanction,	3611
nonresidential sanction, or financial sanction that the sentencing	3612
court was authorized to impose pursuant to sections 2929.16,	3613
2929.17, and 2929.18 of the Revised Code.	3614

(3) The parole board or, pursuant to an agreement under	3615
section 2967.29 of the Revised Code, the court may hold a hearing	3616
on any alleged violation by a releasee of a post-release control	3617
sanction or any conditions described in division (A) of section	3618
2967.131 of the Revised Code that are imposed upon the releasee.	3619
If after the hearing the board or court finds that the releasee	3620
violated the sanction or condition, the board or court may	3621
increase the duration of the releasee's post-release control up to	3622
the maximum duration authorized by division (B) or (C) of this	3623
section or impose a more restrictive post-release control	3624
sanction. When appropriate, the board or court may impose as a	3625
post-release control sanction a residential sanction that includes	3626
a prison term. The board or court shall consider a prison term as	3627
a post-release control sanction imposed for a violation of	3628
post-release control when the violation involves a deadly weapon	3629
or dangerous ordnance, physical harm or attempted serious physical	3630
harm to a person, or sexual misconduct, or when the releasee	3631
committed repeated violations of post-release control sanctions.	3632
Unless a releasee's stated prison term was reduced pursuant to	3633
section 5120.032 of the Revised Code, the period of a prison term	3634
that is imposed as a post-release control sanction under this	3635
division shall not exceed nine months, and the maximum cumulative	3636
prison term for all violations under this division shall not	3637
exceed one-half of the stated prison term originally imposed upon	3638
the offender as part of this sentence. If a releasee's stated	3639
prison term was reduced pursuant to section 5120.032 of the	3640
Revised Code, the period of a prison term that is imposed as a	3641
post-release control sanction under this division and the maximum	3642
cumulative prison term for all violations under this division	3643
shall not exceed the period of time not served in prison under the	3644
sentence imposed by the court. The period of a prison term that is	3645
imposed as a post-release control sanction under this division	3646
shall not count as, or be credited toward, the remaining period of	3647
post-release control.	3648

If an offender is imprisoned for a felony committed while	3649
under post-release control supervision and is again released on	3650
post-release control for a period of time determined by division	3651
(F)(4)(d) of this section, the maximum cumulative prison term for	3652
all violations under this division shall not exceed one-half of	3653
the total stated prison terms of the earlier felony, reduced by	3654
any prison term administratively imposed by the parole board or	3655
court, plus one-half of the total stated prison term of the new	3656
felony.	3657

(4) Any period of post-release control shall commence upon an	3658
offender's actual release from prison. If an offender is serving	3659
an indefinite prison term or a life sentence in addition to a	3660
stated prison term, the offender shall serve the period of	3661
post-release control in the following manner:	3662

(a) If a period of post-release control is imposed upon the	3663
offender and if the offender also is subject to a period of parole	3664
under a life sentence or an indefinite sentence, and if the period	3665
of post-release control ends prior to the period of parole, the	3666
offender shall be supervised on parole. The offender shall receive	3667
credit for post-release control supervision during the period of	3668
parole. The offender is not eligible for final release under	3669
section 2967.16 of the Revised Code until the post-release control	3670
period otherwise would have ended.	3671

(b) If a period of post-release control is imposed upon the	3672
offender and if the offender also is subject to a period of parole	3673
under an indefinite sentence, and if the period of parole ends	3674
prior to the period of post-release control, the offender shall be	3675
supervised on post-release control. The requirements of parole	3676
supervision shall be satisfied during the post-release control	3677
period.	3678

(c) If an offender is subject to more than one period of	3679
post-release control, the period of post-release control for all	3680
of the sentences shall be the period of post-release control that	3681
expires last, as determined by the parole board or court. Periods	3682
of post-release control shall be served concurrently and shall not	3683
be imposed consecutively to each other.	3684

(d) The period of post-release control for a releasee who	3685
commits a felony while under post-release control for an earlier	3686
felony shall be the longer of the period of post-release control	3687
specified for the new felony under division (B) or (C) of this	3688
section or the time remaining under the period of post-release	3689
control imposed for the earlier felony as determined by the parole	3690
board or court.	3691

Sec. 2971.04.  (A) If an offender is serving a prison term	3692
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	3693
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	3694
the Revised Code, at any time after the offender has served the	3695
minimum term imposed under that sentence, the parole board may	3696
terminate its control over the offender's service of the prison	3697
term. The parole board initially shall determine whether to	3698
terminate its control over the offender's service of the prison	3699
term upon the completion of the offender's service of the minimum	3700
term under the sentence and shall make subsequent determinations	3701
at least once every two years after that first determination. The	3702
parole board shall not terminate its control over the offender's	3703
service of the prison term unless it finds at a hearing that the	3704
offender does not represent a substantial risk of physical harm to	3705
others. Upon the request of the prosecuting attorney or of any law	3706
enforcement agency, the board shall provide to the requesting	3707
prosecuting attorney and law enforcement agencies an institutional	3708
summary report prepared by the department of rehabilitation and	3709
correction that covers the offender's participation while confined	3710
in a state correctional institution in training, work, and other	3711
rehabilitative activities and any disciplinary action taken	3712
against the offender while so confined. Prior to determining	3713
whether to terminate its control over the offender's service of	3714
the prison term, the parole board shall request the department of	3715
rehabilitation and correction to prepare pursuant to section	3716
5120.61 of the Revised Code an update of the most recent risk	3717
assessment and report relative to the offender. The offender has	3718
the right to be present at any hearing held under this section. At	3719

At the hearing, the offender and the prosecuting attorney may	3720
make a statement and present evidence as to whether the parole	3721
board should terminate its control over the offender's service of	3722
the prison term. In making its determination as to whether to	3723
terminate its control over the offender's service of the prison	3724
term, the parole board may follow the standards and guidelines	3725
adopted by the department of rehabilitation and correction under	3726
section 5120.49 of the Revised Code and shall consider the updated	3727
risk assessment and report relating to the offender prepared by	3728
the department pursuant to section 5120.61 of the Revised Code in	3729
response to the request made under this division and any	3730
statements or evidence submitted by the offender or the	3731
prosecuting attorney. If the parole board terminates its control	3732
over an offender's service of a prison term imposed under division	3733
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3734
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	3735
Code, it shall recommend to the court modifications to the	3736
requirement that the offender serve the entire term in a state	3737
correctional institution. The court is not bound by the	3738
recommendations submitted by the parole board.	3739

(B) If the parole board terminates its control over an	3740
offender's service of a prison term imposed pursuant to division	3741
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3742
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	3743
Code, the parole board immediately shall provide written notice of	3744
its termination of control to the department of rehabilitation and	3745
correction, the court, and the prosecuting attorney, and, after	3746
the board's termination of its control, the court shall have	3747
control over the offender's service of that prison term.	3748

After the transfer, the court shall have control over the	3749
offender's service of that prison term for the offender's entire	3750
life, subject to the court's termination of the term pursuant to	3751
section 2971.05 of the Revised Code.	3752

(C) If control over the offender's service of the prison term	3753
is transferred to the court, all of the following apply:	3754

(1) The offender shall not be released solely as a result of	3755
the transfer of control over the service of that prison term.	3756

(2) The offender shall not be permitted solely as a result of	3757
the transfer to serve a portion of that term in a place other than	3758
a state correctional institution.	3759

(3) The offender shall continue serving that term in a state	3760
correctional institution, subject to the following:	3761

(a) A release pursuant to a pardon, commutation, or reprieve;

3762

(b) A modification or termination of the term by the court	3763
pursuant to this chapter.	3764

Sec. 2971.05.  (A)(1) After control over an offender's	3765
service of a prison term imposed pursuant to division (A)(3),	3766
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	3767
(c), or (d) of section 2971.03 of the Revised Code has been	3768
transferred pursuant to section 2971.04 of the Revised Code to the	3769
court, the court shall schedule, within thirty days of any of the	3770
following, a hearing on whether to modify in accordance with	3771
division (C) of this section the requirement that the offender	3772
serve the entire prison term in a state correctional institution	3773
or to terminate the prison term in accordance with division (D) of	3774
this section:	3775

(a) Control over the offender's service of a prison term is	3776
transferred pursuant to section 2971.04 of the Revised Code to the	3777
court, and no hearing to modify the requirement has been held;	3778

(b) Two years elapse after the most recent prior hearing held	3779
pursuant to division (A)(1) or (2) of this section;	3780

(c) The prosecuting attorney, the department of	3781
rehabilitation and correction, or the adult parole authority	3782
requests the hearing, and recommends that the requirement be	3783
modified or that the offender's prison term be terminated.	3784

(2) After control over the offender's service of a prison	3785
term has been transferred pursuant to section 2971.04 of the	3786
Revised Code to the court, the court, within thirty days of either	3787
of the following, shall conduct a hearing on whether to modify in	3788
accordance with division (C) of this section the requirement that	3789
the offender serve the entire prison term in a state correctional	3790
institution, whether to continue, revise, or revoke an existing	3791
modification of that requirement, or whether to terminate the term	3792
in accordance with division (D) of this section:	3793

(a) The requirement that the offender serve the entire prison	3794
term in a state correctional institution has been modified, and	3795
the offender is taken into custody for any reason.	3796

(b) The department of rehabilitation and correction or the	3797
prosecuting attorney notifies the court pursuant to section	3798
2971.06 of the Revised Code regarding a known or suspected	3799
violation of a term or condition of the modification or a belief	3800
that there is a substantial likelihood that the offender has	3801
committed or is about to commit a sexually violent offense.	3802

(3) After control over the offender's service of a prison	3803
term has been transferred pursuant to section 2971.04 of the	3804
Revised Code to the court, the court, in any of the following	3805
circumstances, may conduct a hearing within thirty days to	3806
determine whether to modify in accordance with division (C) of	3807
this section the requirement that the offender serve the entire	3808
prison term in a state correctional institution, whether to	3809
continue, revise, or revoke an existing modification of that	3810
requirement, or whether to terminate the sentence in accordance	3811
with division (D) of this section:	3812

(a) The offender requests the hearing;

3813

(b) Upon the court's own motion;

3814

(c) One or more examiners who have conducted a psychological	3815
examination and assessment of the offender file a statement that	3816
states that there no longer is a likelihood that the offender will	3817
engage in the future in a sexually violent offense.	3818

(B)(1) Before a court holds a hearing pursuant to division	3819
(A) of this section, the court shall provide notice of the date,	3820
time, place, and purpose of the hearing to the offender, the	3821
prosecuting attorney, the department of rehabilitation and	3822
correction, and the adult parole authority and shall request the	3823
department to prepare pursuant to section 5120.61 of the Revised	3824
Code an update of the most recent risk assessment and report	3825
relative to the offender. Upon the request of the prosecuting	3826
attorney or of any law enforcement agency, the department shall	3827
provide to the requesting prosecuting attorney and law enforcement	3828
agencies an institutional summary report prepared by the	3829
department that covers the offender's participation while confined	3830
in a state correctional institution in training, work, and other	3831
rehabilitative activities and any disciplinary action taken	3832
against the offender while so confined. The offender has the right	3833
to be present at any hearing held under this section. At the	3834
hearing, the offender and the prosecuting attorney may make a	3835
statement and present evidence as to whether the requirement that	3836
the offender serve the entire prison term in a state correctional	3837
institution should or should not be modified, whether the existing	3838
modification of the requirement should be continued, revised, or	3839
revoked, and whether the prison term should or should not be	3840
terminated.	3841

(2) At a hearing held pursuant to division (A) of this	3842
section, the court may and, if the hearing is held pursuant to	3843
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	3844
determine by clear and convincing evidence whether the offender is	3845
unlikely to commit a sexually violent offense in the future.	3846

(3) At the conclusion of the hearing held pursuant to	3847
division (A) of this section, the court may order that the	3848
requirement that the offender serve the entire prison term in a	3849
state correctional institution be continued, that the requirement	3850
be modified pursuant to division (C) of this section, that an	3851
existing modification be continued, revised, or revoked pursuant	3852
to division (C) of this section, or that the prison term be	3853
terminated pursuant to division (D) of this section.	3854

(C)(1) If, at the conclusion of a hearing held pursuant to	3855
division (A) of this section, the court determines by clear and	3856
convincing evidence that the offender will not represent a	3857
substantial risk of physical harm to others, the court may modify	3858
the requirement that the offender serve the entire prison term	3859
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	3860
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	3861
the Revised Code in a state correctional institution in a manner	3862
that the court considers appropriate. If the court modifies the	3863
requirement for an offender whose prison term was imposed pursuant	3864
to division (A)(3) of section 2971.03 of the Revised Code, the	3865
court shall order the adult parole authority to supervise the	3866
offender and shall require that the authority's supervision of the	3867
offender be pursuant to division (E) of this section. If the court	3868
modifies the requirement for an offender whose prison term was	3869
imposed pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b),	3870
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the	3871
Revised Code, the court shall order the adult parole authority to	3872
supervise the offender and may require that the authority's	3873
supervision of the offender be pursuant to division (E) of this	3874
section.	3875

(2) The modification of the requirement does not terminate	3876
the prison term but serves only to suspend the requirement that	3877
the offender serve the entire term in a state correctional	3878
institution. The prison term shall remain in effect for the	3879
offender's entire life unless the court terminates the prison term	3880
pursuant to division (D) of this section. The offender shall	3881
remain under the jurisdiction of the court for the offender's	3882
entire life unless the court so terminates the prison term. The	3883
modification of the requirement does not terminate the	3884
classification of the offender, as described in division (F) of	3885
section 2971.03 of the Revised Code, as a sexual predator for	3886
purposes of Chapter 2950. of the Revised Code, and the offender is	3887
subject to supervision, including supervision under division (E)	3888
of this section if the court required the supervision of the	3889
offender to be pursuant to that division.	3890

(3) If the court revokes the modification under	3891
consideration, the court shall order that the offender be returned	3892
to the custody of the department of rehabilitation and correction	3893
to continue serving the prison term to which the modification	3894
applied, and section 2971.06 of the Revised Code applies regarding	3895
the offender.	3896

(D)(1) If, at the conclusion of a hearing held pursuant to	3897
division (A) of this section, the court determines by clear and	3898
convincing evidence that the offender is unlikely to commit a	3899
sexually violent offense in the future, the court may terminate	3900
the offender's prison term imposed under division (A)(3),	3901
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	3902
(c), or (d) of section 2971.03 of the Revised Code, subject to the	3903
offender satisfactorily completing the period of conditional	3904
release required by this division and, if applicable, compliance	3905
with division (E) of this section. If the court terminates the	3906
prison term, the court shall place the offender on conditional	3907
release for five years, notify the adult parole authority of its	3908
determination and of the termination of the prison term, and order	3909
the adult parole authority to supervise the offender during the	3910
five-year period of conditional release or, if division (E)	3911
applies to the offender, to supervise the offender pursuant to and	3912
for the period of time specified in that division. If the court	3913
terminates the prison term for an offender whose prison term was	3914
imposed pursuant to division (A)(3) of section 2971.03 of the	3915
Revised Code, the court shall require that the authority's	3916
supervision of the offender be pursuant to division (E) of this	3917
section. If the court terminates the prison term for an offender	3918
whose prison term was imposed pursuant to division (B)(1)(a), (b),	3919
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	3920
section 2971.03 of the Revised Code, the court may require that	3921
the authority's supervision of the offender be pursuant to	3922
division (E) of this section. Upon receipt of a notice from a	3923
court pursuant to this division, the adult parole authority shall	3924
supervise the offender who is the subject of the notice during the	3925
five-year period of conditional release, periodically notify the	3926
court of the offender's activities during that five-year period of	3927
conditional release, and file with the court no later than thirty	3928
days prior to the expiration of the five-year period of	3929
conditional release a written recommendation as to whether the	3930
termination of the offender's prison term should be finalized,	3931
whether the period of conditional release should be extended, or	3932
whether another type of action authorized pursuant to this chapter	3933
should be taken.	3934

(2) Upon receipt of a recommendation of the adult parole	3935
authority filed pursuant to division (D)(1) of this section, the	3936
court shall hold a hearing to determine whether to finalize the	3937
termination of the offender's prison term, to extend the period of	3938
conditional release, or to take another type of action authorized	3939
pursuant to this chapter. The court shall hold the hearing no	3940
later than the date on which the five-year period of conditional	3941
release terminates and shall provide notice of the date, time,	3942
place, and purpose of the hearing to the offender and to the	3943
prosecuting attorney. At the hearing, the offender, the	3944
prosecuting attorney, and the adult parole authority employee who	3945
supervised the offender during the period of conditional release	3946
may make a statement and present evidence.	3947

If the court determines at the hearing to extend an	3948
offender's period of conditional release, it may do so for	3949
additional periods of one year in the same manner as the original	3950
period of conditional release, and, except as otherwise described	3951
in this division, all procedures and requirements that applied to	3952
the original period of conditional release apply to the additional	3953
period of extended conditional release unless the court modifies a	3954
procedure or requirement. If an offender's period of conditional	3955
release is extended as described in this division, all references	3956
to a five-year period of conditional release that are contained in	3957
division (D)(1) of this section shall be construed, in applying	3958
the provisions of that division to the extension, as being	3959
references to the one-year period of the extension of the	3960
conditional release.	3961

If the court determines at the hearing to take another type	3962
of action authorized pursuant to this chapter, it may do so in the	3963
same manner as if the action had been taken at any other stage of	3964
the proceedings under this chapter. As used in this division,	3965
"another type of action" includes the revocation of the	3966
conditional release and the return of the offender to a state	3967
correctional institution to continue to serve the prison term.	3968

If the court determines at the hearing to finalize the	3969
termination of the offender's prison term, it shall notify the	3970
department of rehabilitation and correction, the department shall	3971
enter into its records a final release and issue to the offender a	3972
certificate of final release, and the prison term thereafter shall	3973
be considered completed and terminated in every way.	3974

(3) The termination of an offender's prison term pursuant to	3975
division (D)(1) or (2) of this section does not affect the	3976
classification of the offender, as described in division (F) of	3977
section 2971.03 of the Revised Code, as a tier III sex	3978
offender/child-victim offender for purposes of Chapter 2950. of	3979
the Revised Code, does not terminate the adult parole authority's	3980
supervision of the offender, and, if the court had required the	3981
supervision of the offender to be pursuant to division (E) of this	3982
section, does not terminate the supervision of the offender with	3983
an active global positioning system device, pursuant to that	3984
division.	3985

(E) If a prison term imposed upon an offender pursuant to	3986
division (A)(3) of section 2971.03 of the Revised Code is modified	3987
as provided in division (C) of this section or terminated as	3988
provided in division (D) of this section, the adult parole	3989
authority shall supervise the offender with an active global	3990
positioning system device during any time period in which the	3991
offender is not incarcerated in a state correctional institution.	3992
If a prison term imposed upon an offender pursuant to division	3993
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),	3994
or (d) of section 2971.03 of the Revised Code is modified as	3995
provided in division (C) of this section or terminated as provided	3996
in division (D) of this section, and if the court requires that	3997
the adult parole authority's supervision of the offender be	3998
pursuant to this division, the authority shall supervise the	3999
offender with an active global positioning system device during	4000
any time period in which the offender is not incarcerated in a	4001
state correctional institution. If the adult parole authority is	4002
required to supervise the offender with an active global	4003
positioning system device as described in this division, unless	4004
the court removes the offender's classification as a sexually	4005
violent predator regarding an offender whose prison term was	4006
imposed under division (A)(3) of section 2971.03 of the Revised	4007
Code or terminates the requirement that supervision of the	4008
offender be pursuant to this division regarding an offender whose	4009
prison term was imposed under division (B)(1)(a), (b), or (c),	4010
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	4011
2971.03 of the Revised Code, the offender is subject to	4012
supervision with an active global positioning system pursuant to	4013
this division for the offender's entire life. The costs of	4014
administering the supervision of offenders with an active global	4015
positioning system device pursuant to this division shall be paid	4016
out of funds from the reparations fund, created pursuant to	4017
section 2743.191 of the Revised Code. This division shall only	4018
apply to a sexually violent predator sentenced pursuant to	4019
division (A)(3) of section 2971.03 of the Revised Code who is	4020
released from the custody of the department of rehabilitation and	4021
correction on or after September 29, 2005, or an offender	4022
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of	4023
the Revised Code on or after January 2, 2007.	4024

Sec. 5120.66.  (A) Within ninety days after November 23,	4025
2005, but not before January 1, 2006, the department of	4026
rehabilitation and correction shall establish and operate on the	4027
internet a database that contains all of the following:	4028

(1) For each inmate in the custody of the department under a	4029
sentence imposed for a conviction of or plea of guilty to any	4030
offense, all of the following information:	4031

(a) The inmate's name;

4032

(b) For each offense for which the inmate was sentenced to a	4033
prison term or term of imprisonment and is in the department's	4034
custody, the name of the offense, the Revised Code section of	4035
which the offense is a violation, the gender of each victim of the	4036
offense if those facts are known, whether each victim of the	4037
offense was an adult or child if those facts are known, whether	4038
any victim of the offense was a law enforcement officer if that	4039
fact is known, the range of the possible prison terms or term of	4040
imprisonment that could have been imposed for the offense, the	4041
actual prison term or term of imprisonment imposed for the	4042
offense, the county in which the offense was committed, the date	4043
on which the inmate began serving the prison term or term of	4044
imprisonment imposed for the offense, and either the date on which	4045
the inmate will be eligible for parole relative to the offense if	4046
the prison term or term of imprisonment is an indefinite term or	4047
life term or the date on which the term ends if the prison term is	4048
a definite term;	4049

(c) All of the following information that is applicable	4050
regarding the inmate:	4051

(i) If known to the department prior to the conduct of any	4052
hearing for judicial release of the defendant pursuant to section	4053
2929.20 of the Revised Code in relation to any prison term or term	4054
of imprisonment the inmate is serving for any offense or any	4055
hearing for release of the defendant pursuant to section 2967.19	4056
of the Revised Code in relation to any such term, notice of the	4057
fact that the inmate will be having a hearing regarding a possible	4058
grant of judicial release or release, the date of the hearing, and	4059
the right of any person pursuant to division (J) of section	4060
2929.20 or division (H) of section 2967.19 of the Revised Code,	4061
whichever is applicable, to submit to the court a written	4062
statement regarding the possible judicial release or release. The	4063
department also shall post notice of the filing of any petition	4064
for release of the inmate pursuant to section 2967.19 of the	4065
Revised Code, as required by division (E) of that section.	4066

(ii) If the inmate is serving a prison term pursuant to	4067
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	4068
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	4069
Code, prior to the conduct of any hearing pursuant to section	4070
2971.05 of the Revised Code to determine whether to modify the	4071
requirement that the inmate serve the entire prison term in a	4072
state correctional facility in accordance with division (C) of	4073
that section, whether to continue, revise, or revoke any existing	4074
modification of that requirement, or whether to terminate the	4075
prison term in accordance with division (D) of that section,	4076
notice of the fact that the inmate will be having a hearing	4077
regarding those determinations and of the date of the hearing;	4078

(iii) At least three weekssixty days before the adult parole	4079
authority recommends a pardon or commutation of sentence for the	4080
inmate or at least three weekssixty days prior to a hearing	4081
before the adult parole authority regarding a grant of parole to	4082
the inmate in relation to any prison term or term of imprisonment	4083
the inmate is serving for any offense, notice of the fact that the	4084
inmate might be under consideration for a pardon or commutation of	4085
sentence or will be having a hearing regarding a possible grant of	4086
parole, of the date of any hearing regarding a possible grant of	4087
parole, and of the right of any person to submit a written	4088
statement regarding the pending action;	4089

(iv) At least three weekssixty days before the inmate is	4090
transferred to transitional control under section 2967.26 of the	4091
Revised Code in relation to any prison term or term of	4092
imprisonment the inmate is serving for any offense, notice of the	4093
pendency of the transfer, of the date of the possible transfer,	4094
and of the right of any person to submit a statement regarding the	4095
possible transfer;	4096

(v) Prompt notice of the inmate's escape from any facility in	4097
which the inmate was incarcerated and of the capture of the inmate	4098
after an escape;	4099

(vi) Notice of the inmate's death while in confinement;

4100

(vii) Prior to the release of the inmate from confinement,	4101
notice of the fact that the inmate will be released, of the date	4102
of the release, and, if applicable, of the standard terms and	4103
conditions of the release;	4104

(viii) Notice of the inmate's judicial release pursuant to	4105
section 2929.20 of the Revised Code or release pursuant to section	4106
2967.19 of the Revised Code.	4107

(2) Information as to where a person can send written	4108
statements of the types referred to in divisions (A)(1)(c)(i),	4109
(iii), and (iv) of this section.	4110

(B)(1) The department shall update the database required	4111
under division (A) of this section every twenty-four hours to	4112
ensure that the information it contains is accurate and current.	4113

(2) The database required under division (A) of this section	4114
is a public record open for inspection under section 149.43 of the	4115
Revised Code. The department shall make the database searchable by	4116
inmate name and by the county and zip code where the offender	4117
intends to reside after release from a state correctional	4118
institution if this information is known to the department.	4119

(3) The database required under division (A) of this section	4120
may contain information regarding inmates who are listed in the	4121
database in addition to the information described in that	4122
division.	4123

(4) No information included on the database required under	4124
division (A) of this section shall identify or enable the	4125
identification of any victim of any offense committed by an	4126
inmate.	4127

(C) The failure of the department to comply with the	4128
requirements of division (A) or (B) of this section does not give	4129
any rights or any grounds for appeal or post-conviction relief to	4130
any inmate.	4131

(D) This section, and the related provisions of sections	4132
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	4133
in the act in which this section was enacted, shall be known as	4134
"Laura's Law."	4135

Sec. 5149.07.  The department of rehabilitation and	4136
correction shall maintain central files and records pertaining to	4137
the work of the adult parole authority, and shall coordinate the	4138
department's record-keeping with that of the adult parole	4139
authority. Additionally, the department shall not later than the	4140
first Monday of January of odd-numbered years prepare and submit	4141
to the governor for histhe governor's approval and signature a	4142
written report showing each case of pardon, commutation, or	4143
reprieve granted during the preceding biennium, stating the name	4144
and crime of the convict or prisoner, the sentence, its date, and	4145
the date of the clemency action, together with the reasons listed	4146
therefor in the governor's clemency record. The report shall	4147
conform to the requirements of Section 11 of Article III, Ohio	4148
Constitution.	4149

The department shall conduct research relative to the	4150
functioning of clemency, probation, and parole as part of the	4151
adult corrections program in this state, which research shall be	4152
designed to yield information upon which the division of parole	4153
and community services, the department of rehabilitation and	4154
correction, the governor, and the general assembly can base policy	4155
decisions.	4156

At the end of each quarter, the department shall submit to	4157
the chairpersons of the committees of the senate and the house of	4158
representatives that consider criminal justice legislation a	4159
report on the number and results of parole hearings conducted	4160
during the quarter and a list of persons incarcerated for	4161
committing offenses of violence who were granted parole and a	4162
summary of the terms and conditions of their parole. The	4163
department shall provide the committees with any documentation	4164
related to the reports that members of the committees may request.	4165

Upon request, the department shall provide a detailed	4166
statement, supported by documentation, of the reasons why a	4167
particular prisoner was granted parole to the law enforcement	4168
agency that arrested the prisoner, the prosecuting attorney who	4169
prosecuted the case, or any person who is a member of the general	4170
assembly at the time the person makes the request.	4171

Sec. 5149.101.  (A)(1) A board hearing officer, a board	4172
member, or the office of victims' services may petition the board	4173
for a full board hearing that relates to the proposed parole or	4174
re-parole of a prisoner. At a meeting of the board at which a	4175
majority of board members are present, the majority of those	4176
present shall determine whether a full board hearing shall be	4177
held.	4178

(2) A victim of a violation of section 2903.01 or 2903.02 of	4179
the Revised Code, an offense of violence that is a felony of the	4180
first, second, or third degree, or an offense punished by a	4181
sentence of life imprisonment, the victim's representative, or any	4182
person described in division (B)(5) of this section may request	4183
the board to hold a full board hearing that relates to the	4184
proposed parole or re-parole of the person that committed the	4185
violation. If a victim, victim's representative, or other person	4186
requests a full board hearing pursuant to this division, the board	4187
shall hold a full board hearing.	4188

At least thirty days before the full hearing, except as	4189
otherwise provided in this division, the board shall give notice	4190
of the date, time, and place of the hearing to the victim	4191
regardless of whether the victim has requested the notification.	4192
The notice of the date, time, and place of the hearing shall not	4193
be given under this division to a victim if the victim has	4194
requested pursuant to division (B)(2) of section 2930.03 of the	4195
Revised Code that the notice not be provided to the victim. At	4196
least thirty days before the full board hearing and regardless of	4197
whether the victim has requested that the notice be provided or	4198
not be provided under this division to the victim, the board shall	4199
give similar notice to the prosecuting attorney in the case, the	4200
law enforcement agency that arrested the prisoner if any officer	4201
of that agency was a victim of the offense, and, if different than	4202
the victim, the person who requested the full hearing. If the	4203
prosecuting attorney has not previously been sent an institutional	4204
summary report with respect to the prisoner, upon the request of	4205
the prosecuting attorney, the board shall include with the notice	4206
sent to the prosecuting attorney an institutional summary report	4207
that covers the offender's participation while confined in a state	4208
correctional institution in training, work, and other	4209
rehabilitative activities and any disciplinary action taken	4210
against the offender while so confined. Upon the request of a law	4211
enforcement agency that has not previously been sent an	4212
institutional summary report with respect to the prisoner, the	4213
board also shall send a copy of the institutional summary report	4214
to the law enforcement agency. If notice is to be provided as	4215
described in this division, the board may give the notice by any	4216
reasonable means, including regular mail, telephone, and	4217
electronic mail, in accordance with division (D)(1) of section	4218
2930.16 of the Revised Code. If the notice is based on an offense	4219
committed prior to the effective date of this amendment, the	4220
notice also shall include the opt-out information described in	4221
division (D)(1) of section 2930.16 of the Revised Code. The board,	4222
in accordance with division (D)(2) of section 2930.16 of the	4223
Revised Code, shall keep a record of all attempts to provide the	4224
notice, and of all notices provided, under this division.	4225

The preceding paragraph, and the notice-related provisions of	4226
divisions (E)(2) and (K) of section 2929.20, division (D)(1) of	4227
section 2930.16, division (H) of section 2967.12, division	4228
(E)(1)(b) of section 2967.19, division (A)(3)(b) of section	4229
2967.26, and division (D)(1) of section 2967.28 of the Revised	4230
Code enacted in the act in which this paragraph was enacted, shall	4231
be known as "Roberta's Law."	4232

(B) At a full board hearing that relates to the proposed	4233
parole or re-parole of a prisoner and that has been petitioned for	4234
or requested in accordance with division (A) of this section, the	4235
parole board shall permit the following persons to appear and to	4236
give testimony or to submit written statements:	4237

(1) The prosecuting attorney of the county in which the	4238
original indictment against the prisoner was found and members of	4239
any law enforcement agency that assisted in the prosecution of the	4240
original offense;	4241

(2) The judge of the court of common pleas who imposed the	4242
original sentence of incarceration upon the prisoner, or the	4243
judge's successor;	4244

(3) The victim of the original offense for which the prisoner	4245
is serving the sentence or the victim's representative designated	4246
pursuant to section 2930.02 of the Revised Code:;	4247

(4) The victim of any behavior that resulted in parole being	4248
revoked;	4249

(5) With respect to a full board hearing held pursuant to	4250
division (A)(2) of this section, all of the following:	4251

(a) The spouse of the victim of the original offense;

4252

(b) The parent or parents of the victim of the original	4253
offense;	4254

(c) The sibling of the victim of the original offense;

4255

(d) The child or children of the victim of the original	4256
offense.	4257

(6) Counsel or some other person designated by the prisoner	4258
as a representative, as described in division (C) of this section.	4259

(C) Except as otherwise provided in this division, a full	4260
board hearing of the parole board is not subject to section 121.22	4261
of the Revised Code. The persons who may attend a full board	4262
hearing are the persons described in divisions (B)(1) to (6) of	4263
this section, and representatives of the press, radio and	4264
television stations, and broadcasting networks who are members of	4265
a generally recognized professional media organization.	4266

At the request of a person described in division (B)(3) of	4267
this section, representatives of the news media described in this	4268
division shall be excluded from the hearing while that person is	4269
giving testimony at the hearing. The prisoner being considered for	4270
parole has no right to be present at the hearing, but may be	4271
represented by counsel or some other person designated by the	4272
prisoner.	4273

If there is an objection at a full board hearing to a	4274
recommendation for the parole of a prisoner, the board may approve	4275
or disapprove the recommendation or defer its decision until a	4276
subsequent full board hearing. The board may permit interested	4277
persons other than those listed in this division and division (B)	4278
of this section to attend full board hearings pursuant to rules	4279
adopted by the adult parole authority.	4280

(D) If the victim of the original offense died as a result of	4281
the offense and the offense was aggravated murder, murder, an	4282
offense of violence that is a felony of the first, second, or	4283
third degree, or an offense punished by a sentence of life	4284
imprisonment, the family of the victim may show at a full board	4285
hearing a video recording not exceeding five minutes in length	4286
memorializing the victim.	4287

(E) The adult parole authority shall adopt rules for the	4288
implementation of this section. The rules shall specify reasonable	4289
restrictions on the number of media representatives that may	4290
attend a hearing, based on considerations of space, and other	4291
procedures designed to accomplish an effective, orderly process	4292
for full board hearings.	4293

Section 2. That existing sections 2152.86, 2717.01, 2903.03,	4294
2929.13, 2929.20, 2930.03, 2930.06, 2930.16, 2950.01, 2951.041,	4295
2953.08, 2967.03, 2967.12, 2967.121, 2967.19, 2967.26, 2967.28,	4296
2971.04, 2971.05, 5120.66, 5149.07, and 5149.101 of the Revised	4297
Code are hereby repealed.	4298

Section 3.  Section 2967.26 of the Revised Code is presented	4299
in this act as a composite of the section as amended by both Am.	4300
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	4301
The General Assembly, applying the principle stated in division	4302
(B) of section 1.52 of the Revised Code that amendments are to be	4303
harmonized if reasonably capable of simultaneous operation, finds	4304
that the composite is the resulting version of the section in	4305
effect prior to the effective date of the section as presented in	4306
this act.	4307