As Passed by the Senate

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 

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A BILL

To amend sections 2152.86, 2903.03, 2929.20, 2930.03,

1

2930.06, 2930.16, 2950.01, 2967.03, 2967.12,

2

2967.121, 2967.19, 2967.26, 2967.28, 2971.04,

3

2971.05, 5120.66, 5149.07, and 5149.101 of the

4

Revised Code to require automatic notice to

5

victims of aggravated murder, murder, first,

6

second, or third degree felony offenses of

7

violence, or offenses punishable by a sentence of

8

life imprisonment of certain prisoner or alleged

9

juvenile offender release or transfer proceedings

10

unless the victim has requested that the notice

11

not be provided; to expand victim participation in

12

parole hearings; to require the Department of

13

Rehabilitation and Correction to provide certain

14

information related to paroles to designated

15

public officials; to require the Department to

16

notify the appropriate prosecuting attorney when a

17

felon serving a specified sentence is released

18

pursuant to a pardon, commutation of sentence,

19

parole, or completed prison term; to require that

20

the Department, in cases in which a prosecuting

21

attorney currently is notified that a Department

22

prisoner is being considered for an early release

23

or a specified type of transfer to a less

24

restrictive setting, provide the prosecuting

25

attorney and any law enforcement agency, upon

26

request, with an institutional summary report

27

prepared with respect to the prisoner; to make

28

other changes related to the release of prisoners

29

and victim's rights; to provide that voluntary

30

manslaughter committed with a sexual motivation is

31

a sexually oriented offense, makes an offender or

32

juvenile offender registrant who commits it a tier

33

III sex offender/child-victim offender, and may

34

qualify a juvenile offender registrant who commits

35

it as a public registry-qualified juvenile

36

offender registrant; and to name the victim and

37

family notification provisions Roberta's Law.

38

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

Section 1. That sections 2152.86, 2903.03, 2929.20, 2930.03,	39
2930.06, 2930.16, 2950.01, 2967.03, 2967.12, 2967.121, 2967.19,	40
2967.26, 2967.28, 2971.04, 2971.05, 5120.66, 5149.07, and 5149.101	41
of the Revised Code be amended to read as follows:	42

Sec. 2152.86.  (A)(1) The court that, on or after January 1,	43
2008, adjudicates a child a delinquent child for committing an act	44
shall issue as part of the dispositional order an order that	45
classifies the child a juvenile offender registrant, specifies	46
that the child has a duty to comply with sections 2950.04,	47
2950.041, 2950.05, and 2950.06 of the Revised Code, and	48
additionally classifies the child a public registry-qualified	49
juvenile offender registrant if the child was fourteen, fifteen,	50
sixteen, or seventeen years of age at the time of committing the	51
act, the court imposed on the child a serious youthful offender	52
dispositional sentence under section 2152.13 of the Revised Code,	53
and the child is adjudicated a delinquent child for committing,	54
attempting to commit, conspiring to commit, or complicity in	55
committing any of the following acts:	56

(a) A violation of section 2907.02 of the Revised Code,	57
division (B) of section 2907.05 of the Revised Code, or section	58
2907.03 of the Revised Code if the victim of the violation was	59
less than twelve years of age;	60

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	61
the Revised Code that was committed with a purpose to gratify the	62
sexual needs or desires of the child;	63

(c) A violation of division (B) of section 2903.03 of the	64
Revised Code.	65

(2) Upon a child's release, on or after January 1, 2008, from	66
the department of youth services, the court shall issue an order	67
that classifies the child a juvenile offender registrant,	68
specifies that the child has a duty to comply with sections	69
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	70
additionally classifies the child a public registry-qualified	71
juvenile offender registrant if all of the following apply:	72

(a) The child was adjudicated a delinquent child, and a	73
juvenile court imposed on the child a serious youthful offender	74
dispositional sentence under section 2152.13 of the Revised Code	75
for committing one of the acts described in division (A)(1)(a) or	76
(b) of this section or for committing on or after the effective	77
date of this amendment a violation of division (B) of section	78
2903.03 of the Revised Code.	79

(b) The child was fourteen, fifteen, sixteen, or seventeen	80
years of age at the time of committing the act.	81

(c) The court did not issue an order classifying the child as	82
both a juvenile offender registrant and a public	83
registry-qualified juvenile offender registrant pursuant to	84
division (A)(1) of this section.	85

(3) If a court issued an order classifying a child a juvenile	86
offender registrant pursuant to section 2152.82 or 2152.83 of the	87
Revised Code prior to January 1, 2008, not later than February 1,	88
2008, the court shall issue a new order that reclassifies the	89
child as a juvenile offender registrant, specifies that the child	90
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	91
2950.06 of the Revised Code, and additionally classifies the child	92
a public registry-qualified juvenile offender registrant if all of	93
the following apply:	94

(a) The sexually oriented offense that was the basis of the	95
previous order that classified the child a juvenile offender	96
registrant was an act described in division (A)(1)(a) or (b) of	97
this section.	98

(b) The child was fourteen, fifteen, sixteen, or seventeen	99
years of age at the time of committing the act.	100

(c) The court imposed on the child a serious youthful	101
offender dispositional sentence under section 2152.13 of the	102
Revised Code for the act described in division (A)(1)(a) or (b) of	103
this section.	104

(B)(1) If an order is issued under division (A)(1), (2), or	105
(3) of this section, the classification of tier III sex	106
offender/child-victim offender automatically applies to the	107
delinquent child based on the sexually oriented offense the child	108
committed, subject to a possible reclassification pursuant to	109
division (D) of this section for a child whose delinquent act was	110
committed prior to January 1, 2008. If an order is issued under	111
division (A)(2) of this section regarding a child whose delinquent	112
act described in division (A)(1)(a) or (b) of this section was	113
committed prior to January 1, 2008, or if an order is issued under	114
division (A)(3) of this section regarding a delinquent child, the	115
order shall inform the child and the child's parent, guardian, or	116
custodian, that the child has a right to a hearing as described in	117
division (D) of this section and inform the child and the child's	118
parent, guardian, or custodian of the procedures for requesting	119
the hearing and the period of time within which the request for	120
the hearing must be made. Section 2152.831 of the Revised Code	121
does not apply regarding an order issued under division (A)(1),	122
(2), or (3) of this section.	123

(2) The judge that issues an order under division (A)(1),	124
(2), or (3) of this section shall provide to the delinquent child	125
who is the subject of the order and to the delinquent child's	126
parent, guardian, or custodian the notice required under divisions	127
(A) and (B) of section 2950.03 of the Revised Code and shall	128
provide as part of that notice a copy of the order required under	129
division (A)(1), (2), or (3) of this section. The judge shall	130
include the order in the delinquent child's dispositional order	131
and shall specify in the dispositional order that the order issued	132
under division (A)(1), (2), or (3) of this section was made	133
pursuant to this section.	134

(C) An order issued under division (A)(1), (2), or (3) of	135
this section shall remain in effect for the period of time	136
specified in section 2950.07 of the Revised Code as it exists on	137
and after January 1, 2008, subject to a judicial termination of	138
that period of time as provided in section 2950.15 of the Revised	139
Code, subject to a possible reclassification of the child pursuant	140
to division (D) of this section if the child's delinquent act was	141
committed prior to January 1, 2008. If an order is issued under	142
division (A)(1), (2), or (3) of this section, the child's	143
attainment of eighteen or twenty-one years of age does not affect	144
or terminate the order, and the order remains in effect for the	145
period of time described in this division. If an order is issued	146
under division (A)(3) of this section, the duty to comply with	147
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	148
Code based upon that order shall be considered, for purposes of	149
section 2950.07 of the Revised Code and for all other purposes, to	150
be a continuation of the duty to comply with those sections	151
imposed upon the child prior to January 1, 2008, under the order	152
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	153
Chapter 2950. of the Revised Code.	154

(D)(1) If an order is issued under division (A)(2) of this	155
section regarding a delinquent child whose delinquent act	156
described in division (A)(1)(a) or (b) of this section was	157
committed prior to January 1, 2008, or if an order is issued under	158
division (A)(3) of this section regarding a delinquent child,	159
except as otherwise provided in this division, the child may	160
request as a matter of right a court hearing to contest the	161
court's classification in the order of the child as a public	162
registry-qualified juvenile offender registrant. To request the	163
hearing, not later than the date that is sixty days after the	164
delinquent child is provided with the copy of the order, the	165
delinquent child shall file a petition with the juvenile court	166
that issued the order.	167

If the delinquent child requests a hearing by timely filing a	168
petition with the juvenile court, the delinquent child shall serve	169
a copy of the petition on the prosecutor who handled the case in	170
which the delinquent child was adjudicated a delinquent child for	171
committing the sexually oriented offense or child-victim oriented	172
offense that resulted in the delinquent child's registration duty	173
under section 2950.04 or 2950.041 of the Revised Code. The	174
prosecutor shall represent the interest of the state in the	175
hearing. In any hearing under this division, the Rules of Juvenile	176
Procedure apply except to the extent that those Rules would by	177
their nature be clearly inapplicable. The court shall schedule a	178
hearing and shall provide notice to the delinquent child and the	179
delinquent child's parent, guardian, or custodian and to the	180
prosecutor of the date, time, and place of the hearing.	181

If the delinquent child requests a hearing in accordance with	182
this division, until the court issues its decision at or	183
subsequent to the hearing, the delinquent child shall comply with	184
Chapter 2950. of the Revised Code as it exists on and after	185
January 1, 2008. If a delinquent child requests a hearing in	186
accordance with this division, at the hearing, all parties are	187
entitled to be heard, and the court shall consider all relevant	188
information and testimony presented relative to the issue of	189
whether the child should be classified a public registry-qualified	190
juvenile offender registrant. Notwithstanding the court's	191
classification of the delinquent child as a public	192
registry-qualified juvenile offender registrant, the court may	193
terminate that classification if it determines by clear and	194
convincing evidence that the classification is in error.	195

If the court decides to terminate the court's classification	196
of the delinquent child as a public registry-qualified juvenile	197
offender registrant, the court shall issue an order that specifies	198
that it has determined that the child is not a public	199
registry-qualified juvenile offender registrant and that it has	200
terminated the court's classification of the delinquent child as a	201
public registry-qualified juvenile offender registrant. The court	202
promptly shall serve a copy of the order upon the sheriff with	203
whom the delinquent child most recently registered under section	204
2950.04 or 2950.041 of the Revised Code and upon the bureau of	205
criminal identification and investigation. The delinquent child	206
and the prosecutor have the right to appeal the decision of the	207
court issued under this division.	208

If the delinquent child fails to request a hearing in	209
accordance with this division within the applicable sixty-day	210
period specified in this division, the failure constitutes a	211
waiver by the delinquent child of the delinquent child's right to	212
a hearing under this division, and the delinquent child is bound	213
by the court's classification of the delinquent child as a public	214
registry-qualified juvenile offender registrant.	215

(2) An order issued under division (D)(1) of this section is	216
independent of any order of a type described in division (F) of	217
section 2950.031 of the Revised Code or division (E) of section	218
2950.032 of the Revised Code, and the court may issue an order	219
under both division (D)(1) of this section and an order of a type	220
described in division (F) of section 2950.031 of the Revised Code	221
or division (E) of section 2950.032 of the Revised Code. A court	222
that conducts a hearing under division (D)(1) of this section may	223
consolidate that hearing with a hearing conducted for the same	224
delinquent child under division (F) of section 2950.031 of the	225
Revised Code or division (E) of section 2950.032 of the Revised	226
Code.	227

Sec. 2903.03.  (A) No person, while under the influence of	228
sudden passion or in a sudden fit of rage, either of which is	229
brought on by serious provocation occasioned by the victim that is	230
reasonably sufficient to incite the person into using deadly	231
force, shall knowingly cause the death of another or the unlawful	232
termination of another's pregnancy.	233

(B) No person, with a sexual motivation, shall violate	234
division (A) of this section.	235

(C) Whoever violates this section is guilty of voluntary	236
manslaughter, a felony of the first degree.	237

(D) As used in this section, "sexual motivation" has the same	238
meaning as in section 2971.01 of the Revised Code.	239

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

240

(1)(a) Except as provided in division (A)(1)(b) of this	241
section, "eligible offender" means any person who, on or after	242
April 7, 2009, is serving a stated prison term that includes one	243
or more nonmandatory prison terms.	244

(b) "Eligible offender" does not include any person who, on	245
or after April 7, 2009, is serving a stated prison term for any of	246
the following criminal offenses that was a felony and was	247
committed while the person held a public office in this state:	248

(i) A violation of section 2921.02, 2921.03, 2921.05,	249
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	250
Code;	251

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	252
2921.12 of the Revised Code, when the conduct constituting the	253
violation was related to the duties of the offender's public	254
office or to the offender's actions as a public official holding	255
that public office;	256

(iii) A violation of an existing or former municipal	257
ordinance or law of this or any other state or the United States	258
that is substantially equivalent to any violation listed in	259
division (A)(1)(b)(i) of this section;	260

(iv) A violation of an existing or former municipal ordinance	261
or law of this or any other state or the United States that is	262
substantially equivalent to any violation listed in division	263
(A)(1)(b)(ii) of this section, when the conduct constituting the	264
violation was related to the duties of the offender's public	265
office or to the offender's actions as a public official holding	266
that public office;	267

(v) A conspiracy to commit, attempt to commit, or complicity	268
in committing any offense listed in division (A)(1)(b)(i) or	269
described in division (A)(1)(b)(iii) of this section;	270

(vi) A conspiracy to commit, attempt to commit, or complicity	271
in committing any offense listed in division (A)(1)(b)(ii) or	272
described in division (A)(1)(b)(iv) of this section, if the	273
conduct constituting the offense that was the subject of the	274
conspiracy, that would have constituted the offense attempted, or	275
constituting the offense in which the offender was complicit was	276
or would have been related to the duties of the offender's public	277
office or to the offender's actions as a public official holding	278
that public office.	279

(2) "Nonmandatory prison term" means a prison term that is	280
not a mandatory prison term.	281

(3) "Public office" means any elected federal, state, or	282
local government office in this state.	283

(4) "Victim's representative" has the same meaning as in	284
section 2930.01 of the Revised Code.	285

(B) On the motion of an eligible offender or upon its own	286
motion, the sentencing court may reduce the eligible offender's	287
aggregated nonmandatory prison term or terms through a judicial	288
release under this section.	289

(C) An eligible offender may file a motion for judicial	290
release with the sentencing court within the following applicable	291
periods:	292

(1) If the aggregated nonmandatory prison term or terms is	293
less than two years, the eligible offender may file the motion not	294
earlier than thirty days after the offender is delivered to a	295
state correctional institution or, if the prison term includes a	296
mandatory prison term or terms, not earlier than thirty days after	297
the expiration of all mandatory prison terms.	298

(2) If the aggregated nonmandatory prison term or terms is at	299
least two years but less than five years, the eligible offender	300
may file the motion not earlier than one hundred eighty days after	301
the offender is delivered to a state correctional institution or,	302
if the prison term includes a mandatory prison term or terms, not	303
earlier than one hundred eighty days after the expiration of all	304
mandatory prison terms.	305

(3) If the aggregated nonmandatory prison term or terms is	306
five years, the eligible offender may file the motion not earlier	307
than four years after the eligible offender is delivered to a	308
state correctional institution or, if the prison term includes a	309
mandatory prison term or terms, not earlier than four years after	310
the expiration of all mandatory prison terms.	311

(4) If the aggregated nonmandatory prison term or terms is	312
more than five years but not more than ten years, the eligible	313
offender may file the motion not earlier than five years after the	314
eligible offender is delivered to a state correctional institution	315
or, if the prison term includes a mandatory prison term or terms,	316
not earlier than five years after the expiration of all mandatory	317
prison terms.	318

(5) If the aggregated nonmandatory prison term or terms is	319
more than ten years, the eligible offender may file the motion not	320
earlier than the later of the date on which the offender has	321
served one-half of the offender's stated prison term or the date	322
specified in division (C)(4) of this section.	323

(D) Upon receipt of a timely motion for judicial release	324
filed by an eligible offender under division (C) of this section	325
or upon the sentencing court's own motion made within the	326
appropriate time specified in that division, the court may deny	327
the motion without a hearing or schedule a hearing on the motion.	328
The court shall not grant the motion without a hearing. If a court	329
denies a motion without a hearing, the court later may consider	330
judicial release for that eligible offender on a subsequent motion	331
filed by that eligible offender unless the court denies the motion	332
with prejudice. If a court denies a motion with prejudice, the	333
court may later consider judicial release on its own motion. If a	334
court denies a motion after a hearing, the court shall not	335
consider a subsequent motion for that eligible offender. The court	336
shall hold only one hearing for any eligible offender.	337

A hearing under this section shall be conducted in open court	338
withinnot less than thirty or more than sixty days after the	339
motion is filed, provided that the court may delay the hearing for	340
one hundred eighty additional days. If the court holds a hearing,	341
the court shall enter a ruling on the motion within ten days after	342
the hearing. If the court denies the motion without a hearing, the	343
court shall enter its ruling on the motion within sixty days after	344
the motion is filed.	345

(E) If a court schedules a hearing under division (D) of this	346
section, the court shall notify the eligible offender and the head	347
of the state correctional institution in which the eligible	348
offender is confined prior to the hearing. The head of the state	349
correctional institution immediately shall notify the appropriate	350
person at the department of rehabilitation and correction of the	351
hearing, and the department within twenty-four hours after receipt	352
of the notice, shall post on the database it maintains pursuant to	353
section 5120.66 of the Revised Code the offender's name and all of	354
the information specified in division (A)(1)(c)(i) of that	355
section. If the court schedules a hearing for judicial release,	356
the court promptly shall give notice of the hearing to the	357
prosecuting attorney of the county in which the eligible offender	358
was indicted. Upon receipt of the notice from the court, the	359
prosecuting attorney shall do whichever of the following is	360
applicable:	361

(1) Subject to division (E)(2) of this section, notify the	362
victim of the offense or the victim's representative pursuant to	363
division (B) of section 2930.16 of the Revised Code;	364

(2) If the offense was an offense of violence that is a	365
felony of the first, second, or third degree, except as otherwise	366
provided in this division, notify the victim or the victim's	367
representative of the hearing regardless of whether the victim or	368
victim's representative has requested the notification. The notice	369
of the hearing shall not be given under this division to a victim	370
or victim's representative if the victim or victim's	371
representative has requested pursuant to division (B)(2) of	372
section 2930.03 of the Revised Code that the victim or the	373
victim's representative not be provided the notice. If notice is	374
to be provided to a victim or victim's representative under this	375
division, the prosecuting attorney may give the notice by any	376
reasonable means, including regular mail, telephone, and	377
electronic mail, in accordance with division (D)(1) of section	378
2930.16 of the Revised Code. If the notice is based on an offense	379
committed prior to the effective date of this amendment, the	380
notice also shall include the opt-out information described in	381
division (D)(1) of section 2930.16 of the Revised Code. The	382
prosecuting attorney, in accordance with division (D)(2) of	383
section 2930.16 of the Revised Code, shall keep a record of all	384
attempts to provide the notice, and of all notices provided, under	385
this division. Division (E)(2) of this section, and the	386
notice-related provisions of division (K) of this section,	387
division (D)(1) of section 2930.16, division (H) of section	388
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b)	389
of section 2967.26, division (D)(1) of section 2967.28, and	390
division (A)(2) of section 5149.101 of the Revised Code enacted in	391
the act in which division (E)(2) of this section was enacted,	392
shall be known as "Roberta's Law."	393

(F) Upon an offender's successful completion of	394
rehabilitative activities, the head of the state correctional	395
institution may notify the sentencing court of the successful	396
completion of the activities.	397

(G) Prior to the date of the hearing on a motion for judicial	398
release under this section, the head of the state correctional	399
institution in which the eligible offender is confined shall send	400
to the court aan institutional summary report on the eligible	401
offender's conduct in the institution and in any institution from	402
which the eligible offender may have been transferred. Upon the	403
request of the prosecuting attorney of the county in which the	404
eligible offender was indicted or of any law enforcement agency,	405
the head of the state correctional institution, at the same time	406
the person sends the institutional summary report to the court,	407
also shall send a copy of the report to the requesting prosecuting	408
attorney and law enforcement agencies. The institutional summary	409
report shall cover the eligible offender's participation in	410
school, vocational training, work, treatment, and other	411
rehabilitative activities and any disciplinary action taken	412
against the eligible offender. The report shall be made part of	413
the record of the hearing.	414

(H) If the court grants a hearing on a motion for judicial	415
release under this section, the eligible offender shall attend the	416
hearing if ordered to do so by the court. Upon receipt of a copy	417
of the journal entry containing the order, the head of the state	418
correctional institution in which the eligible offender is	419
incarcerated shall deliver the eligible offender to the sheriff of	420
the county in which the hearing is to be held. The sheriff shall	421
convey the eligible offender to and from the hearing.	422

(I) At the hearing on a motion for judicial release under	423
this section, the court shall afford the eligible offender and the	424
eligible offender's attorney an opportunity to present written	425
and, if present, oral information relevant to the motion. The	426
court shall afford a similar opportunity to the prosecuting	427
attorney, the victim or the victim's representative, as defined in	428
section 2930.01 of the Revised Code, and any other person the	429
court determines is likely to present additional relevant	430
information. The court shall consider any statement of a victim	431
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	432
any victim impact statement prepared pursuant to section 2947.051	433
of the Revised Code, and any report made under division (G) of	434
this section. The court may consider any written statement of any	435
person submitted to the court pursuant to division (L) of this	436
section. After ruling on the motion, the court shall notify the	437
victim of the ruling in accordance with sections 2930.03 and	438
2930.16 of the Revised Code.	439

(J)(1) A court shall not grant a judicial release under this	440
section to an eligible offender who is imprisoned for a felony of	441
the first or second degree, or to an eligible offender who	442
committed an offense under Chapter 2925. or 3719. of the Revised	443
Code and for whom there was a presumption under section 2929.13 of	444
the Revised Code in favor of a prison term, unless the court, with	445
reference to factors under section 2929.12 of the Revised Code,	446
finds both of the following:	447

(a) That a sanction other than a prison term would adequately	448
punish the offender and protect the public from future criminal	449
violations by the eligible offender because the applicable factors	450
indicating a lesser likelihood of recidivism outweigh the	451
applicable factors indicating a greater likelihood of recidivism;	452

(b) That a sanction other than a prison term would not demean	453
the seriousness of the offense because factors indicating that the	454
eligible offender's conduct in committing the offense was less	455
serious than conduct normally constituting the offense outweigh	456
factors indicating that the eligible offender's conduct was more	457
serious than conduct normally constituting the offense.	458

(2) A court that grants a judicial release to an eligible	459
offender under division (J)(1) of this section shall specify on	460
the record both findings required in that division and also shall	461
list all the factors described in that division that were	462
presented at the hearing.	463

(K) If the court grants a motion for judicial release under	464
this section, the court shall order the release of the eligible	465
offender, shall place the eligible offender under an appropriate	466
community control sanction, under appropriate conditions, and	467
under the supervision of the department of probation serving the	468
court and shall reserve the right to reimpose the sentence that it	469
reduced if the offender violates the sanction. If the court	470
reimposes the reduced sentence, it may do so either concurrently	471
with, or consecutive to, any new sentence imposed upon the	472
eligible offender as a result of the violation that is a new	473
offense. The period of community control shall be no longer than	474
five years. The court, in its discretion, may reduce the period of	475
community control by the amount of time the eligible offender	476
spent in jail or prison for the offense and in prison. If the	477
court made any findings pursuant to division (J)(1) of this	478
section, the court shall serve a copy of the findings upon counsel	479
for the parties within fifteen days after the date on which the	480
court grants the motion for judicial release.	481

If the court grants a motion for judicial release, the court	482
shall notify the appropriate person at the department of	483
rehabilitation and correction, and the department shall post	484
notice of the release on the database it maintains pursuant to	485
section 5120.66 of the Revised Code. The court also shall notify	486
the prosecuting attorney of the county in which the eligible	487
offender was indicted that the motion has been granted. Unless the	488
victim or the victim's representative has requested pursuant to	489
division (B)(2) of section 2930.03 of the Revised Code that the	490
victim or victim's representative not be provided the notice, the	491
prosecuting attorney shall notify the victim or the victim's	492
representative of the judicial release in any manner, and in	493
accordance with the same procedures, pursuant to which the	494
prosecuting attorney is authorized to provide notice of the	495
hearing pursuant to division (E)(2) of this section. If the notice	496
is based on an offense committed prior to the effective date of	497
this amendment, the notice to the victim or victim's	498
representative also shall include the opt-out information	499
described in division (D)(1) of section 2930.16 of the Revised	500
Code.	501

(L) In addition to and independent of the right of a victim	502
to make a statement pursuant to section 2930.14, 2930.17, or	503
2946.051 of the Revised Code and any right of a person to present	504
written information or make a statement pursuant to division (I)	505
of this section, any person may submit to the court, at any time	506
prior to the hearing on the offender's motion for judicial	507
release, a written statement concerning the effects of the	508
offender's crime or crimes, the circumstances surrounding the	509
crime or crimes, the manner in which the crime or crimes were	510
perpetrated, and the person's opinion as to whether the offender	511
should be released.	512

(M) The changes to this section that are made on the	513
effective date of this divisionSeptember 30, 2011, apply to any	514
judicial release decision made on or after the effective date of	515
this divisionSeptember 30, 2011, for any eligible offender.	516

Sec. 2930.03.  (A) A person or entity required or authorized	517
under this chapter to give notice to a victim shall give the	518
notice to the victim by any means reasonably calculated to provide	519
prompt actual notice. Except when a provision requires that notice	520
is to be given in a specific manner, a notice may be oral or	521
written.	522

(B)(1) Except for receipt of the initial information and	523
notice required to be given to a victim under divisions (A) and	524
(B) of section 2930.04, section 2930.05, and divisions (A) and (B)	525
of section 2930.06 of the Revised Code and the notice required to	526
be given to a victim under division (D) of section 2930.16 of the	527
Revised Code, a victim who wishes to receive any notice authorized	528
by this chapter shall make a request for the notice to the	529
prosecutor or the custodial agency that is to provide the notice,	530
as specified in this chapter. If the victim does not make a	531
request as described in this division, the prosecutor or custodial	532
agency is not required to provide any notice described in this	533
chapter other than the initial information and notice required to	534
be given to a victim under divisions (A) and (B) of section	535
2930.04, section 2930.05, and divisions (A) and (B) of section	536
2930.06 of the Revised Code and the notice required to be given to	537
a victim under division (D) of section 2930.16 of the Revised	538
Code.	539

(2) A victim who does not wish to receive any of the notices	540
required to be given to a victim under division (E)(2) or (K) of	541
section 2929.20, division (D) of section 2930.16, division (H) of	542
section 2967.12, division (E)(1)(b) of section 2967.19, division	543
(A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28,	544
or division (A)(2) of section 5149.101 of the Revised Code shall	545
make a request to the prosecutor or custodial agency that is to	546
provide the particular notice that the notice not be provided to	547
the victim. Unless the victim makes a request as described in this	548
division, the prosecutor or custodial agency shall provide the	549
notices required to be given to a victim under division (E)(2) or	550
(K) of section 2929.20, division (D) of section 2930.16, division	551
(H) of section 2967.12, division (E)(1)(b) of section 2967.19,	552
division (A)(3)(b) of section 2967.26, division (D)(1) of section	553
2967.28, or division (A)(2) of section 5149.101 of the Revised	554
Code in any manner, and in accordance with the procedures,	555
specified in the particular division. This division also applies	556
to a victim's representative or a member of a victim's immediate	557
family that is authorized to receive any of the notices specified	558
in this division.	559

(C) A person or agency that is required to furnish notice	560
under this chapter shall give the notice to the victim at the	561
address or telephone number provided to the person or agency by	562
the victim. A victim who requests to receive notice under this	563
chapter as described in division (B) of this section shall inform	564
the person or agency of the name, address, or telephone number of	565
the victim and of any change to that information.	566

(D) A person or agency that has furnished information to a	567
victim in accordance with any requirement or authorization under	568
this chapter shall notify the victim promptly of any significant	569
changes to that information.	570

(E) Divisions (A) to (D) of this section do not apply	571
regarding a notice that a prosecutor is required to provide under	572
section 2930.061 of the Revised Code. A prosecutor required to	573
provide notice under that section shall provide the notice as	574
specified in that section.	575

Sec. 2930.06.  (A) The prosecutor in a case, to the extent	576
practicable, shall confer with the victim in the case before	577
pretrial diversion is granted to the defendant or alleged juvenile	578
offender in the case, before amending or dismissing an indictment,	579
information, or complaint against that defendant or alleged	580
juvenile offender, before agreeing to a negotiated plea for that	581
defendant or alleged juvenile offender, before a trial of that	582
defendant by judge or jury, or before the juvenile court conducts	583
an adjudicatory hearing for that alleged juvenile offender. If the	584
juvenile court disposes of a case prior to the prosecutor's	585
involvement in the case, the court or a court employee shall	586
notify the victim in the case that the alleged juvenile offender	587
will be granted pretrial diversion, the complaint against that	588
alleged juvenile offender will be amended or dismissed, or the	589
court will conduct an adjudicatory hearing for that alleged	590
juvenile offender. If the prosecutor fails to confer with the	591
victim at any of those times, the court, if informed of the	592
failure, shall note on the record the failure and the prosecutor's	593
reasons for the failure. A prosecutor's failure to confer with a	594
victim as required by this division and a court's failure to	595
provide the notice as required by this division do not affect the	596
validity of an agreement between the prosecutor and the defendant	597
or alleged juvenile offender in the case, a pretrial diversion of	598
the defendant or alleged juvenile offender, an amendment or	599
dismissal of an indictment, information, or complaint filed	600
against the defendant or alleged juvenile offender, a plea entered	601
by the defendant or alleged juvenile defender, an admission	602
entered by the defendant or alleged juvenile offender, or any	603
other disposition in the case. A court shall not dismiss a	604
criminal complaint, charge, information, or indictment or a	605
delinquent child complaint solely at the request of the victim and	606
over the objection of the prosecuting attorney, village solicitor,	607
city director of law, or other chief legal officer responsible for	608
the prosecution of the case.	609

(B) After a prosecution in a case has been commenced, the	610
prosecutor or a designee of the prosecutor other than a court or	611
court employee, to the extent practicable, promptly shall give the	612
victim all of the following information, except that, if the	613
juvenile court disposes of a case prior to the prosecutor's	614
involvement in the case, the court or a court employee, to the	615
extent practicable, promptly shall give the victim all of the	616
following information:	617

(1) The name of the crime or specified delinquent act with	618
which the defendant or alleged juvenile offender in the case has	619
been charged and the name of the defendant or alleged juvenile	620
offender;	621

(2) The file number of the case;

622

(3) A brief statement regarding the procedural steps in a	623
criminal prosecution or delinquency proceeding involving a crime	624
or specified delinquent act similar to the crime or specified	625
delinquent act with which the defendant or alleged juvenile	626
offender has been charged and the right of the victim to be	627
present during all proceedings held throughout the prosecution of	628
the case;	629

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

630

(5) Procedures the victim or the prosecutor may follow if the	631
victim becomes subject to threats or intimidation by the	632
defendant, alleged juvenile offender, or any other person;	633

(6) The name and business telephone number of a person to	634
contact for further information with respect to the case;	635

(7) The right of the victim to have a victim's representative	636
exercise the victim's rights under this chapter in accordance with	637
section 2930.02 of the Revised Code and the procedure by which a	638
victim's representative may be designated;	639

(8) Notice that any notification under division (C) of this	640
section, sections 2930.07 to 2930.15, division (A), (B), or (C) of	641
section 2930.16, sections 2930.17 to 2930.19, and section 5139.56	642
of the Revised Code will be given to the victim only if the victim	643
asks to receive the notification and that notice under division	644
(E)(2) or (K) of section 2929.20, division (D) of section 2930.16,	645
division (H) of section 2967.12, division (E)(1)(b) of section	646
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	647
section 2967.28, or division (A)(2) of section 5149.101 of the	648
Revised Code will be given unless the victim asks that the	649
notification not be provided.	650

(C) Upon the request of the victim, the prosecutor or, if it	651
is a delinquency proceeding and a prosecutor is not involved in	652
the case, the court shall give the victim notice of the date,	653
time, and place of any scheduled criminal or juvenile proceedings	654
in the case and notice of any changes in those proceedings or in	655
the schedule in the case.	656

(D) A victim who requests notice under division (C) of this	657
section and who elects pursuant to division (B) of section 2930.03	658
of the Revised Code to receive any further notice from the	659
prosecutor or, if it is a delinquency proceeding and a prosecutor	660
is not involved in the case, the court under this chapter shall	661
keep the prosecutor or the court informed of the victim's current	662
address and telephone number until the case is dismissed or	663
terminated, the defendant is acquitted or sentenced, the	664
delinquent child complaint is dismissed, the defendant is	665
adjudicated a delinquent child, or the appellate process is	666
completed, whichever is the final disposition in the case.	667

(E) If a defendant is charged with the commission of a	668
misdemeanor offense that is not identified in division (A)(2) of	669
section 2930.01 of the Revised Code and if a police report or a	670
complaint, indictment, or information that charges the commission	671
of that offense and provides the basis for a criminal prosecution	672
of that defendant identifies one or more individuals as	673
individuals against whom that offense was committed, after a	674
prosecution in the case has been commenced, the prosecutor or a	675
designee of the prosecutor other than a court or court employee,	676
to the extent practicable, promptly shall notify each of the	677
individuals so identified in the report, complaint, indictment, or	678
information that, if the defendant is convicted of or pleads	679
guilty to the offense, the individual may make an oral or written	680
statement to the court hearing the case regarding the sentence to	681
be imposed upon the defendant and that the court must consider any	682
statement so made that is relevant. Before imposing sentence in	683
the case, the court shall permit the individuals so identified in	684
the report, complaint, indictment, or information to make an oral	685
or written statement. Division (A) of section 2930.14 of the	686
Revised Code applies regarding any statement so made. The court	687
shall consider a statement so made, in accordance with division	688
(B) of that section and division (D) of section 2929.22 of the	689
Revised Code.	690

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	691
in a case who has requested to receive notice under this section	692
shall be given notice of the incarceration of the defendant. If an	693
alleged juvenile offender is committed to the temporary custody of	694
a school, camp, institution, or other facility operated for the	695
care of delinquent children or to the legal custody of the	696
department of youth services, a victim in a case who has requested	697
to receive notice under this section shall be given notice of the	698
commitment. Promptly after sentence is imposed upon the defendant	699
or the commitment of the alleged juvenile offender is ordered, the	700
prosecutor in the case shall notify the victim of the date on	701
which the defendant will be released from confinement or the	702
prosecutor's reasonable estimate of that date or the date on which	703
the alleged juvenile offender will have served the minimum period	704
of commitment or the prosecutor's reasonable estimate of that	705
date. The prosecutor also shall notify the victim of the name of	706
the custodial agency of the defendant or alleged juvenile offender	707
and tell the victim how to contact that custodial agency. If the	708
custodial agency is the department of rehabilitation and	709
correction, the prosecutor shall notify the victim of the services	710
offered by the office of victims' services pursuant to section	711
5120.60 of the Revised Code. If the custodial agency is the	712
department of youth services, the prosecutor shall notify the	713
victim of the services provided by the office of victims' services	714
within the release authority of the department pursuant to section	715
5139.55 of the Revised Code and the victim's right pursuant to	716
section 5139.56 of the Revised Code to submit a written request to	717
the release authority to be notified of actions the release	718
authority takes with respect to the alleged juvenile offender. The	719
victim shall keep the custodial agency informed of the victim's	720
current address and telephone number.	721

(B)(1) Upon the victim's request or in accordance with	722
division (D) of this section, the prosecutor promptly shall notify	723
the victim of any hearing for judicial release of the defendant	724
pursuant to section 2929.20 of the Revised Code, of any hearing	725
for release of the defendant pursuant to section 2967.19 of the	726
Revised Code, or of any hearing for judicial release or early	727
release of the alleged juvenile offender pursuant to section	728
2151.38 of the Revised Code and of the victim's right to make a	729
statement under those sections. The court shall notify the victim	730
of its ruling in each of those hearings and on each of those	731
applications.	732

(2) If an offender is sentenced to a prison term pursuant to	733
division (A)(3) or (B) of section 2971.03 of the Revised Code,	734
upon the request of the victim of the crime or in accordance with	735
division (D) of this section, the prosecutor promptly shall notify	736
the victim of any hearing to be conducted pursuant to section	737
2971.05 of the Revised Code to determine whether to modify the	738
requirement that the offender serve the entire prison term in a	739
state correctional facility in accordance with division (C) of	740
that section, whether to continue, revise, or revoke any existing	741
modification of that requirement, or whether to terminate the	742
prison term in accordance with division (D) of that section. The	743
court shall notify the victim of any order issued at the	744
conclusion of the hearing.	745

(C) Upon the victim's request made at any time before the	746
particular notice would be due or in accordance with division (D)	747
of this section, the custodial agency of a defendant or alleged	748
juvenile offender shall give the victim any of the following	749
notices that is applicable:	750

(1) At least three weekssixty days before the adult parole	751
authority recommends a pardon or commutation of sentence for the	752
defendant or at least three weekssixty days prior to a hearing	753
before the adult parole authority regarding a grant of parole to	754
the defendant, notice of the victim's right to submit a statement	755
regarding the impact of the defendant's release in accordance with	756
section 2967.12 of the Revised Code and, if applicable, of the	757
victim's right to appear at a full board hearing of the parole	758
board to give testimony as authorized by section 5149.101 of the	759
Revised Code;	760

(2) At least three weekssixty days before the defendant is	761
transferred to transitional control under section 2967.26 of the	762
Revised Code, notice of the pendency of the transfer and of the	763
victim's right under that section to submit a statement regarding	764
the impact of the transfer;	765

(3) At least thirtysixty days before the release authority	766
of the department of youth services holds a release review,	767
release hearing, or discharge review for the alleged juvenile	768
offender, notice of the pendency of the review or hearing, of the	769
victim's right to make an oral or written statement regarding the	770
impact of the crime upon the victim or regarding the possible	771
release or discharge, and, if the notice pertains to a hearing, of	772
the victim's right to attend and make statements or comments at	773
the hearing as authorized by section 5139.56 of the Revised Code;	774

(4) Prompt notice of the defendant's or alleged juvenile	775
offender's escape from a facility of the custodial agency in which	776
the defendant was incarcerated or in which the alleged juvenile	777
offender was placed after commitment, of the defendant's or	778
alleged juvenile offender's absence without leave from a mental	779
health or mental retardation and developmental disabilities	780
facility or from other custody, and of the capture of the	781
defendant or alleged juvenile offender after an escape or absence;	782

(5) Notice of the defendant's or alleged juvenile offender's	783
death while in confinement or custody;	784

(6) Notice of the filing of a petition by the director of	785
rehabilitation and correction pursuant to section 2967.19 of the	786
Revised Code requesting the early release under that section of	787
the defendant;	788

(7) Notice of the defendant's or alleged juvenile offender's	789
release from confinement or custody and the terms and conditions	790
of the release.	791

(D)(1) If a defendant is incarcerated for the commission of	792
aggravated murder, murder, or an offense of violence that is a	793
felony of the first, second, or third degree or is under a	794
sentence of life imprisonment or if an alleged juvenile offender	795
has been charged with the commission of an act that would be	796
aggravated murder, murder, or an offense of violence that is a	797
felony of the first, second, or third degree or be subject to a	798
sentence of life imprisonment if committed by an adult, except as	799
otherwise provided in this division, the notices described in	800
divisions (B) and (C) of this section shall be given regardless of	801
whether the victim has requested the notification. The notices	802
described in divisions (B) and (C) of this section shall not be	803
given under this division to a victim if the victim has requested	804
pursuant to division (B)(2) of section 2930.03 of the Revised Code	805
that the victim not be provided the notice. Regardless of whether	806
the victim has requested that the notices described in division	807
(C) of this section be provided or not be provided, the custodial	808
agency shall give notice similar to those notices to the	809
prosecutor in the case, to the sentencing court, to the law	810
enforcement agency that arrested the defendant or alleged juvenile	811
offender if any officer of that agency was a victim of the	812
offense, and to any member of the victim's immediate family who	813
requests notification. If the notice given under this division to	814
the victim is based on an offense committed prior to the effective	815
date of this amendment and if the prosecutor or custodial agency	816
has not previously successfully provided any notice to the victim	817
under this division or division (B) or (C) of this section with	818
respect to that offense and the offender who committed it, the	819
notice also shall inform the victim that the victim may request	820
that the victim not be provided any further notices with respect	821
to that offense and the offender who committed it and shall	822
describe the procedure for making that request. If the notice	823
given under this division to the victim pertains to a hearing	824
regarding a grant of a parole to the defendant, the notice also	825
shall inform the victim that the victim, a member of the victim's	826
immediate family, or the victim's representative may request a	827
victim conference, as described in division (E) of this section,	828
and shall provide an explanation of a victim conference.	829

The prosecutor or custodial agency may give the notices to	830
which this division applies by any reasonable means, including	831
regular mail, telephone, and electronic mail. If the prosecutor or	832
custodial agency attempts to provide notice to a victim under this	833
division but the attempt is unsuccessful because the prosecutor or	834
custodial agency is unable to locate the victim, is unable to	835
provide the notice by its chosen method because it cannot	836
determine the mailing address, telephone number, or electronic	837
mail address at which to provide the notice, or, if the notice is	838
sent by mail, the notice is returned, the prosecutor or custodial	839
agency shall make another attempt to provide the notice to the	840
victim. If the second attempt is unsuccessful, the prosecutor or	841
custodial agency shall make at least one more attempt to provide	842
the notice. If the notice is based on an offense committed prior	843
to the effective date of this amendment, in each attempt to	844
provide the notice to the victim, the notice shall include the	845
opt-out information described in the preceding paragraph. The	846
prosecutor or custodial agency, in accordance with division (D)(2)	847
of this section, shall keep a record of all attempts to provide	848
the notice, and of all notices provided, under this division.	849

Division (D)(1) of this section, and the notice-related	850
provisions of divisions (E)(2) and (K) of section 2929.20,	851
division (H) of section 2967.12, division (E)(1)(b) of section	852
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	853
section 2967.28, and division (A)(2) of section 5149.101 of the	854
Revised Code enacted in the act in which division (D)(1) of this	855
section was enacted, shall be known as "Roberta's Law."	856

(2) Each prosecutor and custodial agency that attempts to	857
give any notice to which division (D)(1) of this section applies	858
shall keep a record of all attempts to give the notice. The record	859
shall indicate the person who was to be the recipient of the	860
notice, the date on which the attempt was made, the manner in	861
which the attempt was made, and the person who made the attempt.	862
If the attempt is successful and the notice is given, the record	863
shall indicate that fact. The record shall be kept in a manner	864
that allows public inspection of attempts and notices given to	865
persons other than victims without revealing the names, addresses,	866
or other identifying information relating to victims. The record	867
of attempts and notices given to victims is not a public record,	868
but the prosecutor or custodial agency shall provide upon request	869
a copy of that record to a prosecuting attorney, judge, law	870
enforcement agency, or member of the general assembly. The record	871
of attempts and notices given to persons other than victims is a	872
public record. A record kept under this division may be indexed by	873
offender name, or in any other manner determined by the prosecutor	874
or the custodial agency. Each prosecutor or custodial agency that	875
is required to keep a record under this division shall determine	876
the procedures for keeping the record and the manner in which it	877
is to be kept, subject to the requirements of this division.	878

(E) The adult parole authority shall adopt rules under	879
Chapter 119. of the Revised Code providing for a victim	880
conference, upon request of the victim, a member of the victim's	881
immediate family, or the victim's representative, prior to a	882
parole hearing in the case of a prisoner who is incarcerated for	883
the commission of aggravated murder, murder, or an offense of	884
violence that is a felony of the first, second, or third degree or	885
is under a sentence of life imprisonment. The rules shall provide	886
for, but not be limited to, all of the following:	887

(1) Subject to division (E)(3) of this section, attendance by	888
the victim, members of the victim's immediate family, the victim's	889
representative, and, if practicable, other individuals;	890

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

891

(3) A specification of the number of persons specified in	892
division (E)(1) of this section who may be present at any single	893
victim conference, if limited by the department pursuant to	894
division (F) of this section.	895

(F) The department may limit the number of persons specified	896
in division (E)(1) of this section who may be present at any	897
single victim conference, provided that the department shall not	898
limit the number of persons who may be present at any single	899
conference to fewer than three. If the department limits the	900
number of persons who may be present at any single victim	901
conference, the department shall permit and schedule, upon request	902
of the victim, a member of the victim's immediate family, or the	903
victim's representative, multiple victim conferences for the	904
persons specified in division (E)(1) of this section.	905

(G) As used in this section, "victim's immediate family" has	906
the same meaning as in section 2967.12 of the Revised Code.	907

Sec. 2950.01. As used in this chapter, unless the context	908
clearly requires otherwise:	909

(A) "Sexually oriented offense" means any of the following	910
violations or offenses committed by a person, regardless of the	911
person's age:	912

(1) A violation of section 2907.02, 2907.03, 2907.05,	913
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	914
or 2907.323 of the Revised Code;	915

(2) A violation of section 2907.04 of the Revised Code when	916
the offender is less than four years older than the other person	917
with whom the offender engaged in sexual conduct, the other person	918
did not consent to the sexual conduct, and the offender previously	919
has not been convicted of or pleaded guilty to a violation of	920
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	921
violation of former section 2907.12 of the Revised Code;	922

(3) A violation of section 2907.04 of the Revised Code when	923
the offender is at least four years older than the other person	924
with whom the offender engaged in sexual conduct or when the	925
offender is less than four years older than the other person with	926
whom the offender engaged in sexual conduct and the offender	927
previously has been convicted of or pleaded guilty to a violation	928
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	929
violation of former section 2907.12 of the Revised Code;	930

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	931
the Revised Code when the violation was committed with a sexual	932
motivation;	933

(5) A violation of division (A) of section 2903.04 of the	934
Revised Code when the offender committed or attempted to commit	935
the felony that is the basis of the violation with a sexual	936
motivation;	937

(6) A violation of division (A)(3) of section 2903.211 of the	938
Revised Code;	939

(7) A violation of division (A)(1), (2), (3), or (5) of	940
section 2905.01 of the Revised Code when the offense is committed	941
with a sexual motivation;	942

(8) A violation of division (A)(4) of section 2905.01 of the	943
Revised Code;	944

(9) A violation of division (B) of section 2905.01 of the	945
Revised Code when the victim of the offense is under eighteen	946
years of age and the offender is not a parent of the victim of the	947
offense;	948

(10) A violation of division (B) of section 2903.03, of	949
division (B) of section 2905.02, of division (B) of section	950
2905.03, of division (B) of section 2905.05, or of division (B)(5)	951
of section 2919.22 of the Revised Code;	952

(11) A violation of any former law of this state, any	953
existing or former municipal ordinance or law of another state or	954
the United States, any existing or former law applicable in a	955
military court or in an Indian tribal court, or any existing or	956
former law of any nation other than the United States that is or	957
was substantially equivalent to any offense listed in division	958
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	959
section;	960

(12) Any attempt to commit, conspiracy to commit, or	961
complicity in committing any offense listed in division (A)(1),	962
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	963
section.	964

(B)(1) "Sex offender" means, subject to division (B)(2) of	965
this section, a person who is convicted of, pleads guilty to, has	966
been convicted of, has pleaded guilty to, is adjudicated a	967
delinquent child for committing, or has been adjudicated a	968
delinquent child for committing any sexually oriented offense.	969

(2) "Sex offender" does not include a person who is convicted	970
of, pleads guilty to, has been convicted of, has pleaded guilty	971
to, is adjudicated a delinquent child for committing, or has been	972
adjudicated a delinquent child for committing a sexually oriented	973
offense if the offense involves consensual sexual conduct or	974
consensual sexual contact and either of the following applies:	975

(a) The victim of the sexually oriented offense was eighteen	976
years of age or older and at the time of the sexually oriented	977
offense was not under the custodial authority of the person who is	978
convicted of, pleads guilty to, has been convicted of, has pleaded	979
guilty to, is adjudicated a delinquent child for committing, or	980
has been adjudicated a delinquent child for committing the	981
sexually oriented offense.	982

(b) The victim of the offense was thirteen years of age or	983
older, and the person who is convicted of, pleads guilty to, has	984
been convicted of, has pleaded guilty to, is adjudicated a	985
delinquent child for committing, or has been adjudicated a	986
delinquent child for committing the sexually oriented offense is	987
not more than four years older than the victim.	988

(C) "Child-victim oriented offense" means any of the	989
following violations or offenses committed by a person, regardless	990
of the person's age, when the victim is under eighteen years of	991
age and is not a child of the person who commits the violation:	992

(1) A violation of division (A)(1), (2), (3), or (5) of	993
section 2905.01 of the Revised Code when the violation is not	994
included in division (A)(7) of this section;	995

(2) A violation of division (A) of section 2905.02, division	996
(A) of section 2905.03, or division (A) of section 2905.05 of the	997
Revised Code;	998

(3) A violation of any former law of this state, any existing	999
or former municipal ordinance or law of another state or the	1000
United States, any existing or former law applicable in a military	1001
court or in an Indian tribal court, or any existing or former law	1002
of any nation other than the United States that is or was	1003
substantially equivalent to any offense listed in division (C)(1)	1004
or (2) of this section;	1005

(4) Any attempt to commit, conspiracy to commit, or	1006
complicity in committing any offense listed in division (C)(1),	1007
(2), or (3) of this section.	1008

(D) "Child-victim offender" means a person who is convicted	1009
of, pleads guilty to, has been convicted of, has pleaded guilty	1010
to, is adjudicated a delinquent child for committing, or has been	1011
adjudicated a delinquent child for committing any child-victim	1012
oriented offense.	1013

(E) "Tier I sex offender/child-victim offender" means any of	1014
the following:	1015

(1) A sex offender who is convicted of, pleads guilty to, has	1016
been convicted of, or has pleaded guilty to any of the following	1017
sexually oriented offenses:	1018

(a) A violation of section 2907.06, 2907.07, 2907.08, or	1019
2907.32 of the Revised Code;	1020

(b) A violation of section 2907.04 of the Revised Code when	1021
the offender is less than four years older than the other person	1022
with whom the offender engaged in sexual conduct, the other person	1023
did not consent to the sexual conduct, and the offender previously	1024
has not been convicted of or pleaded guilty to a violation of	1025
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1026
violation of former section 2907.12 of the Revised Code;	1027

(c) A violation of division (A)(1), (2), (3), or (5) of	1028
section 2907.05 of the Revised Code;	1029

(d) A violation of division (A)(3) of section 2907.323 of the	1030
Revised Code;	1031

(e) A violation of division (A)(3) of section 2903.211, of	1032
division (B) of section 2905.03, or of division (B) of section	1033
2905.05 of the Revised Code;	1034

(f) A violation of any former law of this state, any existing	1035
or former municipal ordinance or law of another state or the	1036
United States, any existing or former law applicable in a military	1037
court or in an Indian tribal court, or any existing or former law	1038
of any nation other than the United States, that is or was	1039
substantially equivalent to any offense listed in division	1040
(E)(1)(a), (b), (c), (d), or (e) of this section;	1041

(g) Any attempt to commit, conspiracy to commit, or	1042
complicity in committing any offense listed in division (E)(1)(a),	1043
(b), (c), (d), (e), or (f) of this section.	1044

(2) A child-victim offender who is convicted of, pleads	1045
guilty to, has been convicted of, or has pleaded guilty to a	1046
child-victim oriented offense and who is not within either	1047
category of child-victim offender described in division (F)(2) or	1048
(G)(2) of this section.	1049

(3) A sex offender who is adjudicated a delinquent child for	1050
committing or has been adjudicated a delinquent child for	1051
committing any sexually oriented offense and who a juvenile court,	1052
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1053
Revised Code, classifies a tier I sex offender/child-victim	1054
offender relative to the offense.	1055

(4) A child-victim offender who is adjudicated a delinquent	1056
child for committing or has been adjudicated a delinquent child	1057
for committing any child-victim oriented offense and who a	1058
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1059
2152.85 of the Revised Code, classifies a tier I sex	1060
offender/child-victim offender relative to the offense.	1061

(F) "Tier II sex offender/child-victim offender" means any of	1062
the following:	1063

(1) A sex offender who is convicted of, pleads guilty to, has	1064
been convicted of, or has pleaded guilty to any of the following	1065
sexually oriented offenses:	1066

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	1067
the Revised Code;	1068

(b) A violation of section 2907.04 of the Revised Code when	1069
the offender is at least four years older than the other person	1070
with whom the offender engaged in sexual conduct, or when the	1071
offender is less than four years older than the other person with	1072
whom the offender engaged in sexual conduct and the offender	1073
previously has been convicted of or pleaded guilty to a violation	1074
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1075
former section 2907.12 of the Revised Code;	1076

(c) A violation of division (A)(4) of section 2907.05 or of	1077
division (A)(1) or (2) of section 2907.323 of the Revised Code;	1078

(d) A violation of division (A)(1), (2), (3), or (5) of	1079
section 2905.01 of the Revised Code when the offense is committed	1080
with a sexual motivation;	1081

(e) A violation of division (A)(4) of section 2905.01 of the	1082
Revised Code when the victim of the offense is eighteen years of	1083
age or older;	1084

(f) A violation of division (B) of section 2905.02 or of	1085
division (B)(5) of section 2919.22 of the Revised Code;	1086

(g) A violation of any former law of this state, any existing	1087
or former municipal ordinance or law of another state or the	1088
United States, any existing or former law applicable in a military	1089
court or in an Indian tribal court, or any existing or former law	1090
of any nation other than the United States that is or was	1091
substantially equivalent to any offense listed in division	1092
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	1093

(h) Any attempt to commit, conspiracy to commit, or	1094
complicity in committing any offense listed in division (F)(1)(a),	1095
(b), (c), (d), (e), (f), or (g) of this section;	1096

(i) Any sexually oriented offense that is committed after the	1097
sex offender previously has been convicted of, pleaded guilty to,	1098
or has been adjudicated a delinquent child for committing any	1099
sexually oriented offense or child-victim oriented offense for	1100
which the offender was classified a tier I sex	1101
offender/child-victim offender.	1102

(2) A child-victim offender who is convicted of, pleads	1103
guilty to, has been convicted of, or has pleaded guilty to any	1104
child-victim oriented offense when the child-victim oriented	1105
offense is committed after the child-victim offender previously	1106
has been convicted of, pleaded guilty to, or been adjudicated a	1107
delinquent child for committing any sexually oriented offense or	1108
child-victim oriented offense for which the offender was	1109
classified a tier I sex offender/child-victim offender.	1110

(3) A sex offender who is adjudicated a delinquent child for	1111
committing or has been adjudicated a delinquent child for	1112
committing any sexually oriented offense and who a juvenile court,	1113
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1114
Revised Code, classifies a tier II sex offender/child-victim	1115
offender relative to the offense.	1116

(4) A child-victim offender who is adjudicated a delinquent	1117
child for committing or has been adjudicated a delinquent child	1118
for committing any child-victim oriented offense and whom a	1119
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1120
2152.85 of the Revised Code, classifies a tier II sex	1121
offender/child-victim offender relative to the current offense.	1122

(5) A sex offender or child-victim offender who is not in any	1123
category of tier II sex offender/child-victim offender set forth	1124
in division (F)(1), (2), (3), or (4) of this section, who prior to	1125
January 1, 2008, was adjudicated a delinquent child for committing	1126
a sexually oriented offense or child-victim oriented offense, and	1127
who prior to that date was determined to be a habitual sex	1128
offender or determined to be a habitual child-victim offender,	1129
unless either of the following applies:	1130

(a) The sex offender or child-victim offender is reclassified	1131
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1132
tier I sex offender/child-victim offender or a tier III sex	1133
offender/child-victim offender relative to the offense.	1134

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	1135
2152.84, or 2152.85 of the Revised Code, classifies the child a	1136
tier I sex offender/child-victim offender or a tier III sex	1137
offender/child-victim offender relative to the offense.	1138

(G) "Tier III sex offender/child-victim offender" means any	1139
of the following:	1140

(1) A sex offender who is convicted of, pleads guilty to, has	1141
been convicted of, or has pleaded guilty to any of the following	1142
sexually oriented offenses:	1143

(a) A violation of section 2907.02 or 2907.03 of the Revised	1144
Code;	1145

(b) A violation of division (B) of section 2907.05 of the	1146
Revised Code;	1147

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	1148
the Revised Code when the violation was committed with a sexual	1149
motivation;	1150

(d) A violation of division (A) of section 2903.04 of the	1151
Revised Code when the offender committed or attempted to commit	1152
the felony that is the basis of the violation with a sexual	1153
motivation;	1154

(e) A violation of division (A)(4) of section 2905.01 of the	1155
Revised Code when the victim of the offense is under eighteen	1156
years of age;	1157

(f) A violation of division (B) of section 2905.01 of the	1158
Revised Code when the victim of the offense is under eighteen	1159
years of age and the offender is not a parent of the victim of the	1160
offense;	1161

(g) A violation of division (B) of section 2903.03 of the	1162
Revised Code;	1163

(h) A violation of any former law of this state, any existing	1164
or former municipal ordinance or law of another state or the	1165
United States, any existing or former law applicable in a military	1166
court or in an Indian tribal court, or any existing or former law	1167
of any nation other than the United States that is or was	1168
substantially equivalent to any offense listed in division	1169
(G)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;	1170

(h)(i) Any attempt to commit, conspiracy to commit, or	1171
complicity in committing any offense listed in division (G)(1)(a),	1172
(b), (c), (d), (e), (f), or (g), or (h) of this section;	1173

(i)(j) Any sexually oriented offense that is committed after	1174
the sex offender previously has been convicted of, pleaded guilty	1175
to, or been adjudicated a delinquent child for committing any	1176
sexually oriented offense or child-victim oriented offense for	1177
which the offender was classified a tier II sex	1178
offender/child-victim offender or a tier III sex	1179
offender/child-victim offender.	1180

(2) A child-victim offender who is convicted of, pleads	1181
guilty to, has been convicted of, or has pleaded guilty to any	1182
child-victim oriented offense when the child-victim oriented	1183
offense is committed after the child-victim offender previously	1184
has been convicted of, pleaded guilty to, or been adjudicated a	1185
delinquent child for committing any sexually oriented offense or	1186
child-victim oriented offense for which the offender was	1187
classified a tier II sex offender/child-victim offender or a tier	1188
III sex offender/child-victim offender.	1189

(3) A sex offender who is adjudicated a delinquent child for	1190
committing or has been adjudicated a delinquent child for	1191
committing any sexually oriented offense and who a juvenile court,	1192
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1193
Revised Code, classifies a tier III sex offender/child-victim	1194
offender relative to the offense.	1195

(4) A child-victim offender who is adjudicated a delinquent	1196
child for committing or has been adjudicated a delinquent child	1197
for committing any child-victim oriented offense and whom a	1198
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1199
2152.85 of the Revised Code, classifies a tier III sex	1200
offender/child-victim offender relative to the current offense.	1201

(5) A sex offender or child-victim offender who is not in any	1202
category of tier III sex offender/child-victim offender set forth	1203
in division (G)(1), (2), (3), or (4) of this section, who prior to	1204
January 1, 2008, was convicted of or pleaded guilty to a sexually	1205
oriented offense or child-victim oriented offense or was	1206
adjudicated a delinquent child for committing a sexually oriented	1207
offense or child-victim oriented offense and classified a juvenile	1208
offender registrant, and who prior to that date was adjudicated a	1209
sexual predator or adjudicated a child-victim predator, unless	1210
either of the following applies:	1211

(a) The sex offender or child-victim offender is reclassified	1212
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1213
tier I sex offender/child-victim offender or a tier II sex	1214
offender/child-victim offender relative to the offense.	1215

(b) The sex offender or child-victim offender is a delinquent	1216
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	1217
2152.84, or 2152.85 of the Revised Code, classifies the child a	1218
tier I sex offender/child-victim offender or a tier II sex	1219
offender/child-victim offender relative to the offense.	1220

(6) A sex offender who is convicted of, pleads guilty to, was	1221
convicted of, or pleaded guilty to a sexually oriented offense, if	1222
the sexually oriented offense and the circumstances in which it	1223
was committed are such that division (F) of section 2971.03 of the	1224
Revised Code automatically classifies the offender as a tier III	1225
sex offender/child-victim offender;	1226

(7) A sex offender or child-victim offender who is convicted	1227
of, pleads guilty to, was convicted of, pleaded guilty to, is	1228
adjudicated a delinquent child for committing, or was adjudicated	1229
a delinquent child for committing a sexually oriented offense or	1230
child-victim offense in another state, in a federal court,	1231
military court, or Indian tribal court, or in a court in any	1232
nation other than the United States if both of the following	1233
apply:	1234

(a) Under the law of the jurisdiction in which the offender	1235
was convicted or pleaded guilty or the delinquent child was	1236
adjudicated, the offender or delinquent child is in a category	1237
substantially equivalent to a category of tier III sex	1238
offender/child-victim offender described in division (G)(1), (2),	1239
(3), (4), (5), or (6) of this section.	1240

(b) Subsequent to the conviction, plea of guilty, or	1241
adjudication in the other jurisdiction, the offender or delinquent	1242
child resides, has temporary domicile, attends school or an	1243
institution of higher education, is employed, or intends to reside	1244
in this state in any manner and for any period of time that	1245
subjects the offender or delinquent child to a duty to register or	1246
provide notice of intent to reside under section 2950.04 or	1247
2950.041 of the Revised Code.	1248

(H) "Confinement" includes, but is not limited to, a	1249
community residential sanction imposed pursuant to section 2929.16	1250
or 2929.26 of the Revised Code.	1251

(I) "Prosecutor" has the same meaning as in section 2935.01	1252
of the Revised Code.	1253

(J) "Supervised release" means a release of an offender from	1254
a prison term, a term of imprisonment, or another type of	1255
confinement that satisfies either of the following conditions:	1256

(1) The release is on parole, a conditional pardon, under a	1257
community control sanction, under transitional control, or under a	1258
post-release control sanction, and it requires the person to	1259
report to or be supervised by a parole officer, probation officer,	1260
field officer, or another type of supervising officer.	1261

(2) The release is any type of release that is not described	1262
in division (J)(1) of this section and that requires the person to	1263
report to or be supervised by a probation officer, a parole	1264
officer, a field officer, or another type of supervising officer.	1265

(K) "Sexually violent predator specification," "sexually	1266
violent predator," "sexually violent offense," "sexual motivation	1267
specification," "designated homicide, assault, or kidnapping	1268
offense," and "violent sex offense" have the same meanings as in	1269
section 2971.01 of the Revised Code.	1270

(L) "Post-release control sanction" and "transitional	1271
control" have the same meanings as in section 2967.01 of the	1272
Revised Code.	1273

(M) "Juvenile offender registrant" means a person who is	1274
adjudicated a delinquent child for committing on or after January	1275
1, 2002, a sexually oriented offense or a child-victim oriented	1276
offense, who is fourteen years of age or older at the time of	1277
committing the offense, and who a juvenile court judge, pursuant	1278
to an order issued under section 2152.82, 2152.83, 2152.84,	1279
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	1280
offender registrant and specifies has a duty to comply with	1281
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1282
Code. "Juvenile offender registrant" includes a person who prior	1283
to January 1, 2008, was a "juvenile offender registrant" under the	1284
definition of the term in existence prior to January 1, 2008, and	1285
a person who prior to July 31, 2003, was a "juvenile sex offender	1286
registrant" under the former definition of that former term.	1287

(N) "Public registry-qualified juvenile offender registrant"	1288
means a person who is adjudicated a delinquent child and on whom a	1289
juvenile court has imposed a serious youthful offender	1290
dispositional sentence under section 2152.13 of the Revised Code	1291
before, on, or after January 1, 2008, and to whom all of the	1292
following apply:	1293

(1) The person is adjudicated a delinquent child for	1294
committing, attempting to commit, conspiring to commit, or	1295
complicity in committing one of the following acts:	1296

(a) A violation of section 2907.02 of the Revised Code,	1297
division (B) of section 2907.05 of the Revised Code, or section	1298
2907.03 of the Revised Code if the victim of the violation was	1299
less than twelve years of age;	1300

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	1301
the Revised Code that was committed with a purpose to gratify the	1302
sexual needs or desires of the child;	1303

(c) A violation of division (B) of section 2903.03 of the	1304
Revised Code.	1305

(2) The person was fourteen, fifteen, sixteen, or seventeen	1306
years of age at the time of committing the act.	1307

(3) A juvenile court judge, pursuant to an order issued under	1308
section 2152.86 of the Revised Code, classifies the person a	1309
juvenile offender registrant, specifies the person has a duty to	1310
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1311
Code, and classifies the person a public registry-qualified	1312
juvenile offender registrant, and the classification of the person	1313
as a public registry-qualified juvenile offender registrant has	1314
not been terminated pursuant to division (D) of section 2152.86 of	1315
the Revised Code.	1316

(O) "Secure facility" means any facility that is designed and	1317
operated to ensure that all of its entrances and exits are locked	1318
and under the exclusive control of its staff and to ensure that,	1319
because of that exclusive control, no person who is	1320
institutionalized or confined in the facility may leave the	1321
facility without permission or supervision.	1322

(P) "Out-of-state juvenile offender registrant" means a	1323
person who is adjudicated a delinquent child in a court in another	1324
state, in a federal court, military court, or Indian tribal court,	1325
or in a court in any nation other than the United States for	1326
committing a sexually oriented offense or a child-victim oriented	1327
offense, who on or after January 1, 2002, moves to and resides in	1328
this state or temporarily is domiciled in this state for more than	1329
five days, and who has a duty under section 2950.04 or 2950.041 of	1330
the Revised Code to register in this state and the duty to	1331
otherwise comply with that applicable section and sections 2950.05	1332
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	1333
registrant" includes a person who prior to January 1, 2008, was an	1334
"out-of-state juvenile offender registrant" under the definition	1335
of the term in existence prior to January 1, 2008, and a person	1336
who prior to July 31, 2003, was an "out-of-state juvenile sex	1337
offender registrant" under the former definition of that former	1338
term.	1339

(Q) "Juvenile court judge" includes a magistrate to whom the	1340
juvenile court judge confers duties pursuant to division (A)(15)	1341
of section 2151.23 of the Revised Code.	1342

(R) "Adjudicated a delinquent child for committing a sexually	1343
oriented offense" includes a child who receives a serious youthful	1344
offender dispositional sentence under section 2152.13 of the	1345
Revised Code for committing a sexually oriented offense.	1346

(S) "School" and "school premises" have the same meanings as	1347
in section 2925.01 of the Revised Code.	1348

(T) "Residential premises" means the building in which a	1349
residential unit is located and the grounds upon which that	1350
building stands, extending to the perimeter of the property.	1351
"Residential premises" includes any type of structure in which a	1352
residential unit is located, including, but not limited to,	1353
multi-unit buildings and mobile and manufactured homes.	1354

(U) "Residential unit" means a dwelling unit for residential	1355
use and occupancy, and includes the structure or part of a	1356
structure that is used as a home, residence, or sleeping place by	1357
one person who maintains a household or two or more persons who	1358
maintain a common household. "Residential unit" does not include a	1359
halfway house or a community-based correctional facility.	1360

(V) "Multi-unit building" means a building in which is	1361
located more than twelve residential units that have entry doors	1362
that open directly into the unit from a hallway that is shared	1363
with one or more other units. A residential unit is not considered	1364
located in a multi-unit building if the unit does not have an	1365
entry door that opens directly into the unit from a hallway that	1366
is shared with one or more other units or if the unit is in a	1367
building that is not a multi-unit building as described in this	1368
division.	1369

(W) "Community control sanction" has the same meaning as in	1370
section 2929.01 of the Revised Code.	1371

(X) "Halfway house" and "community-based correctional	1372
facility" have the same meanings as in section 2929.01 of the	1373
Revised Code.	1374

Sec. 2967.03.  The adult parole authority may exercise its	1375
functions and duties in relation to the pardon, commutation of	1376
sentence, or reprieve of a convict upon direction of the governor	1377
or upon its own initiative. It may exercise its functions and	1378
duties in relation to the parole of a prisoner who is eligible for	1379
parole upon the initiative of the head of the institution in which	1380
the prisoner is confined or upon its own initiative. When a	1381
prisoner becomes eligible for parole, the head of the institution	1382
in which the prisoner is confined shall notify the authority in	1383
the manner prescribed by the authority. The authority may	1384
investigate and examine, or cause the investigation and	1385
examination of, prisoners confined in state correctional	1386
institutions concerning their conduct in the institutions, their	1387
mental and moral qualities and characteristics, their knowledge of	1388
a trade or profession, their former means of livelihood, their	1389
family relationships, and any other matters affecting their	1390
fitness to be at liberty without being a threat to society.	1391

The authority may recommend to the governor the pardon,	1392
commutation of sentence, medical release, or reprieve of any	1393
convict or prisoner or grant a parole to any prisoner for whom	1394
parole is authorized, if in its judgment there is reasonable	1395
ground to believe that granting a pardon, commutation, medical	1396
release, or reprieve to the convict or paroling the prisoner would	1397
further the interests of justice and be consistent with the	1398
welfare and security of society. However, the authority shall not	1399
recommend a pardon, commutation of sentence, or medical release	1400
of, or grant a parole to, any convict or prisoner until the	1401
authority has complied with the applicable notice requirements of	1402
sections 2930.16 and 2967.12 of the Revised Code and until it has	1403
considered any statement made by a victim or a victim's	1404
representative that is relevant to the convict's or prisoner's	1405
case and that was sent to the authority pursuant to section	1406
2930.17 of the Revised Code, any other statement made by a victim	1407
or a victim's representative that is relevant to the convict's or	1408
prisoner's case and that was received by the authority after it	1409
provided notice of the pendency of the action under sections	1410
2930.16 and 2967.12 of the Revised Code, and any written statement	1411
of any person submitted to the court pursuant to division (G)(I)	1412
of section 2967.12 of the Revised Code. If a victim, victim's	1413
representative, or the victim's spouse, parent, sibling, or child	1414
appears at a full board hearing of the parole board and gives	1415
testimony as authorized by section 5149.101 of the Revised Code,	1416
the authority shall consider the testimony in determining whether	1417
to grant a parole. The trial judge and prosecuting attorney of the	1418
trial court in which a person was convicted shall furnish to the	1419
authority, at the request of the authority, a summarized statement	1420
of the facts proved at the trial and of all other facts having	1421
reference to the propriety of recommending a pardon, commutation,	1422
or medical release, or granting a parole, together with a	1423
recommendation for or against a pardon, commutation, medical	1424
release, or parole, and the reasons for the recommendation. The	1425
trial judge, the prosecuting attorney, specified law enforcement	1426
agency members, and a representative of the prisoner may appear at	1427
a full board hearing of the parole board and give testimony in	1428
regard to the grant of a parole to the prisoner as authorized by	1429
section 5149.101 of the Revised Code. All state and local	1430
officials shall furnish information to the authority, when so	1431
requested by it in the performance of its duties.	1432

The adult parole authority shall exercise its functions and	1433
duties in relation to the release of prisoners who are serving a	1434
stated prison term in accordance with section 2967.28 of the	1435
Revised Code.	1436

Sec. 2967.12.  (A) Except as provided in division (G) of this	1437
section, at least three weekssixty days before the adult parole	1438
authority recommends any pardon or commutation of sentence, or	1439
grants any parole, the authority shall provide a notice of the	1440
pendency of the pardon, commutation, or parole, setting forth the	1441
name of the person on whose behalf it is made, the offense of	1442
which the person was convicted or to which the person pleaded	1443
guilty, the time of conviction or the guilty plea, and the term of	1444
the person's sentence, to the prosecuting attorney and the judge	1445
of the court of common pleas of the county in which the indictment	1446
against the person was found. If there is more than one judge of	1447
that court of common pleas, the authority shall provide the notice	1448
to the presiding judge. Upon the request of the prosecuting	1449
attorney or of any law enforcement agency, the authority shall	1450
provide to the requesting prosecuting attorney and law enforcement	1451
agencies an institutional summary report that covers the subject	1452
person's participation while confined in a state correctional	1453
institution in training, work, and other rehabilitative activities	1454
and any disciplinary action taken against the person while so	1455
confined. The department of rehabilitation and correction may	1456
utilize electronic means to provide this notice. The department of	1457
rehabilitation and correction, at the same time that it provides	1458
the notice to the prosecuting attorney and judge under this	1459
division, also shall post on the database it maintains pursuant to	1460
section 5120.66 of the Revised Code the offender's name and all of	1461
the information specified in division (A)(1)(c)(iii) of that	1462
section.	1463

(B) If a request for notification has been made pursuant to	1464
section 2930.16 of the Revised Code or if division (H) of this	1465
section applies, the office of victim services or the adult parole	1466
authority also shall provide notice to the victim or the victim's	1467
representative at least three weekssixty days prior to	1468
recommending any pardon or commutation of sentence for, or	1469
granting any parole to, the person. The notice shall include the	1470
information required by division (A) of this section and may be	1471
provided by telephone or through electronic means. The notice also	1472
shall inform the victim or the victim's representative that the	1473
victim or representative may send a written statement relative to	1474
the victimization and the pending action to the adult parole	1475
authority and that, if the authority receives any written	1476
statement prior to recommending a pardon or commutation or	1477
granting a parole for a person, the authority will consider the	1478
statement before it recommends a pardon or commutation or grants a	1479
parole. If the person is being considered for parole, the notice	1480
shall inform the victim or the victim's representative that a full	1481
board hearing of the parole board may be held and that the victim	1482
or victim's representative may contact the office of victims'	1483
services for further information. If the person being considered	1484
for parole was convicted of or pleaded guilty to violatinga	1485
violation of section 2903.01 or 2903.02 of the Revised Code, an	1486
offense of violence that is a felony of the first, second, or	1487
third degree, or an offense punished by a sentence of life	1488
imprisonment, the notice shall inform the victim of that offense,	1489
the victim's representative, or a member of the victim's immediate	1490
family that the victim, the victim's representative, and the	1491
victim's immediate family have the right to give testimony at a	1492
full board hearing of the parole board and that the victim or	1493
victim's representative may contact the office of victims'	1494
services for further information. As used in this division, "the	1495
victim's immediate family" means the mother, father, spouse,	1496
sibling, or child of the victim.	1497

(C) When notice of the pendency of any pardon, commutation of	1498
sentence, or parole has been provided to a judge or prosecutor or	1499
posted on the database as required in division (A) of this section	1500
and a hearing on the pardon, commutation, or parole is continued	1501
to a date certain, the authority shall provide notice of the	1502
further consideration of the pardon, commutation, or parole at	1503
least three weekssixty days before the further consideration. The	1504
notice of the further consideration shall be provided to the	1505
proper judge and prosecuting attorney at least three weekssixty	1506
days before the further consideration, and may be provided using	1507
electronic means, and, if the initial notice was posted on the	1508
database as provided in division (A) of this section, the notice	1509
of the further consideration shall be posted on the database at	1510
least three weekssixty days before the further consideration. If	1511
the prosecuting attorney or a law enforcement agency was provided	1512
a copy of the institutional summary report relative to the subject	1513
person under division (A) of this section, the authority shall	1514
include with the notice of the further consideration sent to the	1515
prosecuting attorney any new information with respect to the	1516
person that relates to activities and actions of the person that	1517
are of a type covered by the report and shall send to the law	1518
enforcement agency a report that provides notice of the further	1519
consideration and includes any such new information with respect	1520
to the person. When notice of the pendency of any pardon,	1521
commutation, or parole has been given as provided in division (B)	1522
of this section and the hearing on it is continued to a date	1523
certain, the authority shall give notice of the further	1524
consideration to the victim or the victim's representative in	1525
accordance with section 2930.03 of the Revised Code.	1526

(D) In case of an application for the pardon or commutation	1527
of sentence of a person sentenced to capital punishment, the	1528
governor may modify the requirements of notification and	1529
publication if there is not sufficient time for compliance with	1530
the requirements before the date fixed for the execution of	1531
sentence.	1532

(E) If an offender is serving a prison term imposed under	1533
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1534
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1535
Code and if the parole board terminates its control over the	1536
offender's service of that term pursuant to section 2971.04 of the	1537
Revised Code, the parole board immediately shall provide written	1538
notice of its termination of control or the transfer of control to	1539
the entities and persons specified in section 2971.04 of the	1540
Revised Code.	1541

(F) The failure of the adult parole authority to comply with	1542
the notice or posting provisions of division (A), (B), or (C) of	1543
this section or the failure of the parole board to comply with the	1544
notice provisions of division (E) of this section do not give any	1545
rights or any grounds for appeal or post-conviction relief to the	1546
person serving the sentence.	1547

(G) Divisions (A), (B), and (C) of this section do not apply	1548
to any release of a person that is of the type described in	1549
division (B)(2)(b) of section 5120.031 of the Revised Code.	1550

(H) If a defendant is incarcerated for the commission of	1551
aggravated murder, murder, or an offense of violence that is a	1552
felony of the first, second, or third degree or is under a	1553
sentence of life imprisonment, except as otherwise provided in	1554
this division, the notice described in division (B) of this	1555
section shall be given to the victim or victim's representative	1556
regardless of whether the victim or victim's representative has	1557
made a request for notification. The notice described in division	1558
(B) of this section shall not be given under this division to a	1559
victim or victim's representative if the victim or victim's	1560
representative has requested pursuant to division (B)(2) of	1561
section 2930.03 of the Revised Code that the victim or the	1562
victim's representative not be provided the notice. The notice	1563
described in division (B) of this section does not have to be	1564
given under this division to a victim or victim's representative	1565
if notice was given to the victim or victim's representative with	1566
respect to at least two prior considerations of pardon,	1567
commutation, or parole of a person and the victim or victim's	1568
representative did not provide any written statement relative to	1569
the victimization and the pending action, did not attend any	1570
hearing conducted relative to the pending action, and did not	1571
otherwise respond to the office with respect to the pending	1572
action. Regardless of whether the victim or victim's	1573
representative has requested that the notice described in division	1574
(B) of this section be provided or not be provided, the office of	1575
victim services or adult parole authority shall give similar	1576
notice to the law enforcement agency that arrested the defendant	1577
if any officer of that agency was a victim of the offense and to	1578
any member of the victim's immediate family who requests	1579
notification. If notice is to be given under this division, the	1580
office or authority may give the notice by any reasonable means,	1581
including regular mail, telephone, and electronic mail, in	1582
accordance with division (D)(1) of section 2930.16 of the Revised	1583
Code. If the notice is based on an offense committed prior to the	1584
effective date of this amendment, the notice to the victim or	1585
victim's representative also shall include the opt-out information	1586
described in division (D)(1) of section 2930.16 of the Revised	1587
Code. The office or authority, in accordance with division (D)(2)	1588
of section 2930.16 of the Revised Code, shall keep a record of all	1589
attempts to provide the notice, and of all notices provided, under	1590
this division.	1591

Division (H) of this section, and the notice-related	1592
provisions of divisions (E)(2) and (K) of section 2929.20,	1593
division (D)(1) of section 2930.16, division (E)(1)(b) of section	1594
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	1595
section 2967.28, and division (A)(2) of section 5149.101 of the	1596
Revised Code enacted in the act in which division (H) of this	1597
section was enacted, shall be known as "Roberta's Law."	1598

(I) In addition to and independent of the right of a victim	1599
to make a statement as described in division (A) of this section	1600
or pursuant to section 2930.17 of the Revised Code or to otherwise	1601
make a statement, the authority for a judge or prosecuting	1602
attorney to furnish statements and information, make	1603
recommendations, and give testimony as described in division (A)	1604
of this section, the right of a prosecuting attorney, judge, or	1605
victim to give testimony or submit a statement at a full parole	1606
board hearing pursuant to section 5149.101 of the Revised Code,	1607
and any other right or duty of a person to present information or	1608
make a statement, any person may send to the adult parole	1609
authority at any time prior to the authority's recommending a	1610
pardon or commutation or granting a parole for the offender a	1611
written statement relative to the offense and the pending action.	1612

(J) As used in this section, "victim's immediate family"	1613
means the mother, father, spouse, sibling, or child of the victim,	1614
provided that in no case does "victim's immediate family" include	1615
the offender with respect to whom the notice in question applies.	1616

Sec. 2967.121.  (A) Subject to division (C)(D) of this	1617
section, at least two weeks before any convict who is serving a	1618
sentence for committing aggravated murder, murder, or a felony of	1619
the first, second, or third degree or who is serving a sentence of	1620
life imprisonment is released from confinement in any state	1621
correctional institution pursuant to a pardon, commutation of	1622
sentence, parole, or completed prison term, the adult parole	1623
authority shall provide notice of the release to the prosecuting	1624
attorney of the county in which the indictment of the convict was	1625
found. The	1626

(B) The notice required by this division (A) of this section	1627
may be contained in a weekly list of all felonsconvicts who are	1628
serving a sentence for aggravated murder, murder, or a felony of	1629
the first, second, or third degree or are serving a sentence of	1630
life imprisonment and who are scheduled for release. The notice	1631

(B) Subject to division (D) of this section, if a convict who	1632
is serving a sentence for committing aggravated murder, murder, or	1633
a felony of the first, second, or third degree or who is serving a	1634
sentence of life imprisonment is released from confinement	1635
pursuant to a pardon, commutation of sentence, parole, or	1636
completed prison term, the adult parole authority shall send	1637
notice of the release to the prosecuting attorney of the county in	1638
which the indictment of the convict was filed. The notice required	1639
by this division shall be sent to the appropriate prosecuting	1640
attorney at the end of the month in which the convict is released	1641
and may be contained in a monthly list of all convicts who are	1642
released in that month and for whom this division requires a	1643
notice to be sent to that prosecuting attorney.	1644

(C) The notices required by divisions (A) and (B) of this	1645
section shall contain all of the following:	1646

(1) The name of the convict being released;

1647

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

1648

(3) The offense for the violation of which the convict was	1649
convicted and incarcerated;	1650

(4) The date of the convict's conviction pursuant to which	1651
the convict was incarcerated;	1652

(5) The sentence imposed for that conviction;

1653

(6) The length of any supervision that the convict will be	1654
under;	1655

(7) The name, business address, and business phone number of	1656
the convict's supervising officer;	1657

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

1658

(C)(D)(1) Divisions (A) and, (B), and (C) of this section do	1659
not apply to the release from confinement of an offender if the	1660
offender is serving a prison term imposed under division (A)(3),	1661
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1662
(c), or (d) of section 2971.03 of the Revised Code, if the court	1663
pursuant to section 2971.05 of the Revised Code modifies the	1664
requirement that the offender serve that entire term in a state	1665
correctional institution, and if the release from confinement is	1666
pursuant to that modification. In a case of that type, the court	1667
that modifies the requirement promptly shall provide written	1668
notice of the modification and the order that modifies the	1669
requirement or revises the modification to the offender, the	1670
department of rehabilitation and correction, the prosecuting	1671
attorney, and any state agency or political subdivision that is	1672
affected by the order.	1673

(2) Divisions (A) and, (B), and (C) of this section do not	1674
apply to the release from confinement of an offender if, upon	1675
admission to the state correctional institution, the offender has	1676
less than fourteen days to serve on the sentence.	1677

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

1678

(1) "Deadly weapon" and "dangerous ordnance" have the same	1679
meanings as in section 2923.11 of the Revised Code.	1680

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

1681

(a) A prison term imposed for aggravated murder, murder,	1682
voluntary manslaughter, involuntary manslaughter, felonious	1683
assault, kidnapping, rape, aggravated arson, aggravated burglary,	1684
or aggravated robbery;	1685

(b) A prison term imposed for complicity in, an attempt to	1686
commit, or conspiracy to commit any offense listed in division	1687
(A)(2)(a) of this section;	1688

(c) A prison term of life imprisonment, including any term of	1689
life imprisonment that has parole eligibility;	1690

(d) A prison term imposed for any felony other than carrying	1691
a concealed weapon an essential element of which is any conduct or	1692
failure to act expressly involving any deadly weapon or dangerous	1693
ordnance;	1694

(e) A prison term imposed for any violation of section	1695
2925.03 of the Revised Code that is a felony of the first or	1696
second degree;	1697

(f) A prison term imposed for engaging in a pattern of	1698
corrupt activity in violation of section 2923.32 of the Revised	1699
Code;	1700

(g) A prison term imposed pursuant to section 2971.03 of the	1701
Revised Code;	1702

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

1703

(3) "Eligible prison term" means any prison term that is not	1704
a disqualifying prison term and is not a restricting prison term.	1705

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

1706

(a) A mandatory prison term imposed under division (D)(1)(a),	1707
(D)(1)(c), (D)(1)(f), (D)(1)(g), (D)(2), or (D)(7) of section	1708
2929.14 of the Revised Code for a specification of the type	1709
described in that division;	1710

(b) In the case of an offender who has been sentenced to a	1711
mandatory prison term for a specification of the type described in	1712
division (A)(4)(a) of this section, the prison term imposed for	1713
the felony offense for which the specification was stated at the	1714
end of the body of the indictment, count in the indictment, or	1715
information charging the offense;	1716

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

1717

(d) A prison term imposed for any offense that is described	1718
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	1719
of this section applies to the offender:	1720

(i) The offense is a felony of the first or second degree	1721
that is an offense of violence and that is not described in	1722
division (A)(2)(a) or (b) of this section, an attempt to commit a	1723
felony of the first or second degree that is an offense of	1724
violence and that is not described in division (A)(2)(a) or (b) of	1725
this section if the attempt is a felony of the first or second	1726
degree, or an offense under an existing or former law of this	1727
state, another state, or the United States that is or was	1728
substantially equivalent to any other offense described in this	1729
division.	1730

(ii) The offender previously was convicted of or pleaded	1731
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	1732
this section.	1733

(5) "Sexually oriented offense" has the same meaning as in	1734
section 2950.01 of the Revised Code.	1735

(B) The director of rehabilitation and correction may	1736
petition the sentencing court for the release from prison of any	1737
offender confined in a state correctional institution under a	1738
stated prison term of one year or more who is eligible under	1739
division (C) of this section for a release under this section and	1740
who has served at least eighty per cent of that stated prison term	1741
that remains to be served after the offender becomes eligible as	1742
described in that division. If the director wishes to submit a	1743
petition for release under this section, the director shall submit	1744
the petition not earlier than ninety days prior to the date on	1745
which the offender has served eighty per cent of the offender's	1746
stated prison term that remains to be served after the offender	1747
becomes eligible as described in division (C) of this section. The	1748
director's submission of a petition for release under this section	1749
constitutes a recommendation by the director that the court	1750
strongly consider release of the offender consistent with the	1751
purposes and principles of sentencing set forth in sections	1752
2929.11 and 2929.13 of the Revised Code.	1753

(C)(1) An offender serving a stated prison term of one year	1754
or more and who has commenced service of that stated prison term	1755
becomes eligible for release from prison under this section only	1756
as described in this division. An offender serving a stated prison	1757
term that includes a disqualifying prison term is not eligible for	1758
release from prison under this section. An offender serving a	1759
stated prison term that consists solely of one or more restricting	1760
prison terms is not eligible for release under this section. An	1761
offender serving a stated prison term of one year or more that	1762
includes one or more restricting prison terms and one or more	1763
eligible prison terms becomes eligible for release under this	1764
section after having fully served each restricting prison term. An	1765
offender serving a stated prison term that consists solely of one	1766
or more eligible prison terms becomes eligible for release under	1767
this section upon the offender's commencement of service of that	1768
stated prison term. After an offender becomes eligible for release	1769
under this section, the director of rehabilitation and correction	1770
may petition for the release of the offender under division (C)(2)	1771
of this section no earlier than ninety days before the offender	1772
has served the portion of the offender's stated prison term	1773
specified in that division. For purposes of determining an	1774
offender's eligibility for release under this section, if the	1775
offender's stated prison term includes consecutive prison terms,	1776
any restricting prison terms shall be deemed served prior to any	1777
eligible prison terms that run consecutively to the restricting	1778
prison terms, and the eligible prison terms are deemed to commence	1779
after all of the restricting prison terms have been fully served.	1780

An offender serving a stated prison term oneof one year or	1781
more that includes a mandatory prison term that is not a	1782
disqualifying prison term and is not a restricting prison term is	1783
not automatically ineligible as a result of the offender's service	1784
of that mandatory term for release from prison under this section,	1785
and the offender's eligibility for release from prison under this	1786
section is determined in accordance with this division.	1787

(2) If an offender confined in a state correctional	1788
institution under a stated prison term is eligible for release	1789
under this section as described in division (C)(1) of this	1790
section, the director of rehabilitation and correction may	1791
petition the sentencing court pursuant to division (B) of this	1792
section for the release from prison of the offender.	1793

(D) The director shall include with any petition submitted to	1794
the sentencing court under this section an institutional summary	1795
report that covers the offender's participation while confined in	1796
a state correctional institution in school, training, work,	1797
treatment, and other rehabilitative activities and any	1798
disciplinary action taken against the offender while so confined.	1799
The director shall include with the petition a post-release	1800
control assessment and placement plan, when relevant, and any	1801
other documentation requested by the court, if available.	1802

(E)(1) When the director submits a petition under this	1803
section for release of an offender, the department promptly shall	1804
provide to the prosecuting attorney of the county in which the	1805
offender was indicted a copy of the petition, a copy of the	1806
institutional summary report, and any other information provided	1807
to the court and shall provide a copy of the institutional summary	1808
report to any law enforcement agency that requests the report. The	1809
department also promptly shall givedo whichever of the following	1810
is applicable:	1811

(a) Subject to division (E)(1)(b) of this section, give	1812
notice of the filing of the petition to any victim of the offender	1813
or victim's representative of any victim of the offender who is	1814
registered with the office of victim's services.	1815

(b) If the offense was aggravated murder, murder, an offense	1816
of violence that is a felony of the first, second, or third	1817
degree, or an offense punished by a sentence of life imprisonment,	1818
except as otherwise provided in this division, notify the victim	1819
or the victim's representative of the filing of the petition	1820
regardless of whether the victim or victim's representative has	1821
registered with the office of victim's services. The notice of the	1822
filing of the petition shall not be given under this division to a	1823
victim or victim's representative if the victim or victim's	1824
representative has requested pursuant to division (B)(2) of	1825
section 2930.03 of the Revised Code that the victim or the	1826
victim's representative not be provided the notice. If notice is	1827
to be provided to a victim or victim's representative under this	1828
division, the department may give the notice by any reasonable	1829
means, including regular mail, telephone, and electronic mail, in	1830
accordance with division (D)(1) of section 2930.16 of the Revised	1831
Code. If the notice is based on an offense committed prior to the	1832
effective date of this amendment, the notice also shall include	1833
the opt-out information described in division (D)(1) of section	1834
2930.16 of the Revised Code. The department, in accordance with	1835
division (D)(2) of section 2930.16 of the Revised Code, shall keep	1836
a record of all attempts to provide the notice, and of all notices	1837
provided, under this division.	1838

Division (E)(1)(b) of this section, and the notice-related	1839
provisions of divisions (E)(2) and (K) of section 2929.20,	1840
division (D)(1) of section 2930.16, division (H) of section	1841
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of	1842
section 2967.28, and division (A)(2) of section 5149.101 of the	1843
Revised Code enacted in the act in which division (E)(2) of this	1844
section was enacted, shall be known as "Roberta's Law."	1845

The(2) When the director submits a petition under this	1846
section, the department also promptly shall post notice of the	1847
petition on the database it maintains under section 5120.66 of the	1848
Revised Code and include information on where a person may send	1849
comments regarding the petition.	1850

(F) Upon receipt of a petition for release of an offender	1851
submitted by the director under this section, the court may deny	1852
the petition without a hearing. The court shall not grant a	1853
petition for release of an offender without a hearing. If a court	1854
denies a petition for release of an offender without a hearing,	1855
the court may later consider release of that offender on a	1856
subsequent petition. The court shall enter its ruling within	1857
thirty days after the petition is filed.	1858

(G) If the court grants a hearing on a petition for release	1859
of an offender submitted under this section, the court shall	1860
notify the head of the state correctional institution in which the	1861
offender is confined of the hearing prior to the hearing. If the	1862
court makes a journal entry ordering the offender to be conveyed	1863
to the hearing, except as otherwise provided in this division, the	1864
head of the correctional institution shall deliver the offender to	1865
the sheriff of the county in which the hearing is to be held, and	1866
the sheriff shall convey the offender to and from the hearing.	1867
Upon the court's own motion or the motion of the offender or the	1868
prosecuting attorney of the county in which the offender was	1869
indicted, the court may permit the offender to appear at the	1870
hearing by video conferencing equipment if equipment of that	1871
nature is available and compatible.	1872

Upon receipt of notice from a court of a hearing on the	1873
release of an offender under this division, the head of the state	1874
correctional institution in which the offender is confined	1875
immediately shall notify the appropriate person at the department	1876
of rehabilitation and correction of the hearing, and the	1877
department within twenty-four hours after receipt of the notice	1878
shall post on the database it maintains pursuant to section	1879
5120.66 of the Revised Code the offender's name and all of the	1880
information specified in division (A)(1)(c)(i) of that section. If	1881
the court grants a hearing on a petition for release of an	1882
offender under this section, the court promptly shall give notice	1883
of the hearing to the prosecuting attorney of the county in which	1884
the offender was indicted. Upon receipt of the notice from the	1885
court, the prosecuting attorney shall notify pursuant to section	1886
2930.16 of the Revised Code any victim of the offender or the	1887
victim's representative of the hearing.	1888

(H) If the court grants a hearing on a petition for release	1889
of an offender under this section, at the hearing, the court shall	1890
afford the offender and the offender's attorney an opportunity to	1891
present written information and, if present, oral information	1892
relevant to the motion. The court shall afford a similar	1893
opportunity to the prosecuting attorney, victim or victim's	1894
representative, as defined in section 2930.01 of the Revised Code,	1895
and any other person the court determines is likely to present	1896
additional relevant information. If the court pursuant to division	1897
(G) of this section permits the offender to appear at the hearing	1898
by video conferencing equipment, the offender's opportunity to	1899
present oral information shall be as a part of the video	1900
conferencing. The court shall consider any statement of a victim	1901
made under section 2930.14 or 2930.17 of the Revised Code, any	1902
victim impact statement prepared under section 2947.051 of the	1903
Revised Code, and any report, plan, and other documentation	1904
submitted by the director under division (D) of this section.	1905
After ruling on the motion, the court shall notify the victim in	1906
accordance with sections 2930.03 and 2930.16 of the Revised Code.	1907

(I) If the court grants a petition for release of an offender	1908
under this section, it shall order the release of the offender,	1909
shall place the offender under one or more appropriate community	1910
control sanctions, under appropriate conditions, and under the	1911
supervision of the department of probation that serves the court,	1912
and shall reserve the right to reimpose the sentence that it	1913
reduced and from which the offender was released if the offender	1914
violates the sanction. The court shall not make a release under	1915
this section effective prior to the date on which the offender has	1916
served at least eighty per cent of the offender's stated prison	1917
term that remains to be served after the offender becomes eligible	1918
as described in division (C) of this section. If the sentence	1919
under which the offender is confined in a state correctional	1920
institution and from which the offender is being released was	1921
imposed for a felony of the first or second degree, the court	1922
shall consider ordering that the offender be monitored by means of	1923
a global positioning device. If the court reimposes the sentence	1924
that it reduced and from which the offender was released and if	1925
the violation of the sanction is a new offense, the court may	1926
order that the reimposed sentence be served either concurrently	1927
with, or consecutive to, any new sentence imposed upon the	1928
offender as a result of the violation that is a new offense. The	1929
period of all community control sanctions imposed under this	1930
division shall not exceed five years. The court, in its	1931
discretion, may reduce the period of community control sanctions	1932
by the amount of time the offender spent in jail or prison for the	1933
offense.	1934

If the court grants a petition for release of an offender	1935
under this section, it shall notify the appropriate person at the	1936
department of rehabilitation and correction of the release, and	1937
the department shall post notice of the release on the database it	1938
maintains pursuant to section 5120.66 of the Revised Code.	1939

(J) The department shall adopt under Chapter 119. of the	1940
Revised Code any rules necessary to implement this section.	1941

Sec. 2967.26.  (A)(1) The department of rehabilitation and	1942
correction, by rule, may establish a transitional control program	1943
for the purpose of closely monitoring a prisoner's adjustment to	1944
community supervision during the final one hundred eighty days of	1945
the prisoner's confinement. If the department establishes a	1946
transitional control program under this division, the adult parole	1947
authority may transfer eligible prisoners to transitional control	1948
status under the program during the final one hundred eighty days	1949
of their confinement and under the terms and conditions	1950
established by the department, shall provide for the confinement	1951
as provided in this division of each eligible prisoner so	1952
transferred, and shall supervise each eligible prisoner so	1953
transferred in one or more community control sanctions. Each	1954
eligible prisoner who is transferred to transitional control	1955
status under the program shall be confined in a suitable facility	1956
that is licensed pursuant to division (C) of section 2967.14 of	1957
the Revised Code, or shall be confined in a residence the	1958
department has approved for this purpose and be monitored pursuant	1959
to an electronic monitoring device, as defined in section 2929.01	1960
of the Revised Code. If the department establishes a transitional	1961
control program under this division, the rules establishing the	1962
program shall include criteria that define which prisoners are	1963
eligible for the program, criteria that must be satisfied to be	1964
approved as a residence that may be used for confinement under the	1965
program of a prisoner that is transferred to it and procedures for	1966
the department to approve residences that satisfy those criteria,	1967
and provisions of the type described in division (C) of this	1968
section. At a minimum, the criteria that define which prisoners	1969
are eligible for the program shall provide all of the following:	1970

(a) That a prisoner is eligible for the program if the	1971
prisoner is serving a prison term or term of imprisonment for an	1972
offense committed prior to March 17, 1998, and if, at the time at	1973
which eligibility is being determined, the prisoner would have	1974
been eligible for a furlough under this section as it existed	1975
immediately prior to March 17, 1998, or would have been eligible	1976
for conditional release under former section 2967.23 of the	1977
Revised Code as that section existed immediately prior to March	1978
17, 1998;	1979

(b) That no prisoner who is serving a mandatory prison term	1980
is eligible for the program until after expiration of the	1981
mandatory term;	1982

(c) That no prisoner who is serving a prison term or term of	1983
life imprisonment without parole imposed pursuant to section	1984
2971.03 of the Revised Code is eligible for the program.	1985

(2) At least three weekssixty days prior to transferring to	1986
transitional control under this section a prisoner who is serving	1987
a term of imprisonment or prison term for an offense committed on	1988
or after July 1, 1996, the adult parole authority shall give	1989
notice of the pendency of the transfer to transitional control to	1990
the court of common pleas of the county in which the indictment	1991
against the prisoner was found and of the fact that the court may	1992
disapprove the transfer of the prisoner to transitional control	1993
and shall include athe institutional summary report prepared by	1994
the head of the state correctional institution in which the	1995
prisoner is confined. The head of the state correctional	1996
institution in which the prisoner is confined, upon the request of	1997
the adult parole authority, shall provide to the authority for	1998
inclusion in the notice sent to the court under this division aan	1999
institutional summary report on the prisoner's conduct in the	2000
institution and in any institution from which the prisoner may	2001
have been transferred. The institutional summary report shall	2002
cover the prisoner's participation in school, vocational training,	2003
work, treatment, and other rehabilitative activities and any	2004
disciplinary action taken against the prisoner. If the court	2005
disapproves of the transfer of the prisoner to transitional	2006
control, the court shall notify the authority of the disapproval	2007
within thirty days after receipt of the notice. If the court	2008
timely disapproves the transfer of the prisoner to transitional	2009
control, the authority shall not proceed with the transfer. If the	2010
court does not timely disapprove the transfer of the prisoner to	2011
transitional control, the authority may transfer the prisoner to	2012
transitional control.	2013

(3)(a) If the victim of an offense for which a prisoner was	2014
sentenced to a prison term or term of imprisonment has requested	2015
notification under section 2930.16 of the Revised Code and has	2016
provided the department of rehabilitation and correction with the	2017
victim's name and address or if division (A)(3)(b) of this section	2018
applies, the adult parole authority, at least three weekssixty	2019
days prior to transferring the prisoner to transitional control	2020
pursuant to this section, shall notify the victim of the pendency	2021
of the transfer and of the victim's right to submit a statement to	2022
the authority regarding the impact of the transfer of the prisoner	2023
to transitional control. If the victim subsequently submits a	2024
statement of that nature to the authority, the authority shall	2025
consider the statement in deciding whether to transfer the	2026
prisoner to transitional control.	2027

(b) If a prisoner is incarcerated for the commission of	2028
aggravated murder, murder, or an offense of violence that is a	2029
felony of the first, second, or third degree or under a sentence	2030
of life imprisonment, except as otherwise provided in this	2031
division, the notice described in division (A)(3)(a) of this	2032
section shall be given regardless of whether the victim has	2033
requested the notification. The notice described in division	2034
(A)(3)(a) of this section shall not be given under this division	2035
to a victim if the victim has requested pursuant to division	2036
(B)(2) of section 2930.03 of the Revised Code that the victim not	2037
be provided the notice. If notice is to be provided to a victim	2038
under this division, the authority may give the notice by any	2039
reasonable means, including regular mail, telephone, and	2040
electronic mail, in accordance with division (D)(1) of section	2041
2930.16 of the Revised Code. If the notice is based on an offense	2042
committed prior to the effective date of this amendment, the	2043
notice also shall include the opt-out information described in	2044
division (D)(1) of section 2930.16 of the Revised Code. The	2045
authority, in accordance with division (D)(2) of section 2930.16	2046
of the Revised Code, shall keep a record of all attempts to	2047
provide the notice, and of all notices provided, under this	2048
division.	2049

Division (A)(3)(b) of this section, and the notice-related	2050
provisions of divisions (E)(2) and (K) of section 2929.20,	2051
division (D)(1) of section 2930.16, division (H) of section	2052
2967.12, division (E)(1)(b) of section 2967.19, division (D)(1) of	2053
section 2967.28, and division (A)(2) of section 5149.101 of the	2054
Revised Code enacted in the act in which division (A)(3)(b) of	2055
this section was enacted, shall be known as "Roberta's Law."	2056

(4) The department of rehabilitation and correction, at least	2057
three weekssixty days prior to transferring a prisoner to	2058
transitional control pursuant to this section, shall post on the	2059
database it maintains pursuant to section 5120.66 of the Revised	2060
Code the prisoner's name and all of the information specified in	2061
division (A)(1)(c)(iv) of that section. In addition to and	2062
independent of the right of a victim to submit a statement as	2063
described in division (A)(3) of this section or to otherwise make	2064
a statement and in addition to and independent of any other right	2065
or duty of a person to present information or make a statement,	2066
any person may send to the adult parole authority at any time	2067
prior to the authority's transfer of the prisoner to transitional	2068
control a written statement regarding the transfer of the prisoner	2069
to transitional control. In addition to the information, reports,	2070
and statements it considers under divisions (A)(2) and (3) of this	2071
section or that it otherwise considers, the authority shall	2072
consider each statement submitted in accordance with this division	2073
in deciding whether to transfer the prisoner to transitional	2074
control.	2075

(B) Each prisoner transferred to transitional control under	2076
this section shall be confined in the manner described in division	2077
(A) of this section during any period of time that the prisoner is	2078
not actually working at the prisoner's approved employment,	2079
engaged in a vocational training or another educational program,	2080
engaged in another program designated by the director, or engaged	2081
in other activities approved by the department.	2082

(C) The department of rehabilitation and correction shall	2083
adopt rules for transferring eligible prisoners to transitional	2084
control, supervising and confining prisoners so transferred,	2085
administering the transitional control program in accordance with	2086
this section, and using the moneys deposited into the transitional	2087
control fund established under division (E) of this section.	2088

(D) The department of rehabilitation and correction may adopt	2089
rules for the issuance of passes for the limited purposes	2090
described in this division to prisoners who are transferred to	2091
transitional control under this section. If the department adopts	2092
rules of that nature, the rules shall govern the granting of the	2093
passes and shall provide for the supervision of prisoners who are	2094
temporarily released pursuant to one of those passes. Upon the	2095
adoption of rules under this division, the department may issue	2096
passes to prisoners who are transferred to transitional control	2097
status under this section in accordance with the rules and the	2098
provisions of this division. All passes issued under this division	2099
shall be for a maximum of forty-eight hours and may be issued only	2100
for the following purposes:	2101

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

2102

(2) To have a private viewing of the body of a deceased	2103
relative;	2104

(3) To visit with family;

2105

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

2106

(E) The adult parole authority may require a prisoner who is	2107
transferred to transitional control to pay to the division of	2108
parole and community services the reasonable expenses incurred by	2109
the division in supervising or confining the prisoner while under	2110
transitional control. Inability to pay those reasonable expenses	2111
shall not be grounds for refusing to transfer an otherwise	2112
eligible prisoner to transitional control. Amounts received by the	2113
division of parole and community services under this division	2114
shall be deposited into the transitional control fund, which is	2115
hereby created in the state treasury and which hereby replaces and	2116
succeeds the furlough services fund that formerly existed in the	2117
state treasury. All moneys that remain in the furlough services	2118
fund on March 17, 1998, shall be transferred on that date to the	2119
transitional control fund. The transitional control fund shall be	2120
used solely to pay costs related to the operation of the	2121
transitional control program established under this section. The	2122
director of rehabilitation and correction shall adopt rules in	2123
accordance with section 111.15 of the Revised Code for the use of	2124
the fund.	2125

(F) A prisoner who violates any rule established by the	2126
department of rehabilitation and correction under division (A),	2127
(C), or (D) of this section may be transferred to a state	2128
correctional institution pursuant to rules adopted under division	2129
(A), (C), or (D) of this section, but the prisoner shall receive	2130
credit towards completing the prisoner's sentence for the time	2131
spent under transitional control.	2132

If a prisoner is transferred to transitional control under	2133
this section, upon successful completion of the period of	2134
transitional control, the prisoner may be released on parole or	2135
under post-release control pursuant to section 2967.13 or 2967.28	2136
of the Revised Code and rules adopted by the department of	2137
rehabilitation and correction. If the prisoner is released under	2138
post-release control, the duration of the post-release control,	2139
the type of post-release control sanctions that may be imposed,	2140
the enforcement of the sanctions, and the treatment of prisoners	2141
who violate any sanction applicable to the prisoner are governed	2142
by section 2967.28 of the Revised Code.	2143

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

2144

(1) "Monitored time" means the monitored time sanction	2145
specified in section 2929.17 of the Revised Code.	2146

(2) "Deadly weapon" and "dangerous ordnance" have the same	2147
meanings as in section 2923.11 of the Revised Code.	2148

(3) "Felony sex offense" means a violation of a section	2149
contained in Chapter 2907. of the Revised Code that is a felony.	2150

(4) "Victim's immediate family" has the same meaning as in	2151
section 2967.12 of the Revised Code.	2152

(B) Each sentence to a prison term for a felony of the first	2153
degree, for a felony of the second degree, for a felony sex	2154
offense, or for a felony of the third degree that is an offense of	2155
violence and is not a felony sex offense and in the commission of	2156
which the offender caused or threatened to cause physical harm to	2157
a person shall include a requirement that the offender be subject	2158
to a period of post-release control imposed by the parole board	2159
after the offender's release from imprisonment. If a court imposes	2160
a sentence including a prison term of a type described in this	2161
division on or after July 11, 2006, the failure of a sentencing	2162
court to notify the offender pursuant to division (B)(2)(c) of	2163
section 2929.19 of the Revised Code of this requirement or to	2164
include in the judgment of conviction entered on the journal a	2165
statement that the offender's sentence includes this requirement	2166
does not negate, limit, or otherwise affect the mandatory period	2167
of supervision that is required for the offender under this	2168
division. Section 2929.191 of the Revised Code applies if, prior	2169
to July 11, 2006, a court imposed a sentence including a prison	2170
term of a type described in this division and failed to notify the	2171
offender pursuant to division (B)(2)(c) of section 2929.19 of the	2172
Revised Code regarding post-release control or to include in the	2173
judgment of conviction entered on the journal or in the sentence	2174
pursuant to division (D)(1) of section 2929.14 of the Revised Code	2175
a statement regarding post-release control. Unless reduced by the	2176
parole board pursuant to division (D) of this section when	2177
authorized under that division, a period of post-release control	2178
required by this division for an offender shall be of one of the	2179
following periods:	2180

(1) For a felony of the first degree or for a felony sex	2181
offense, five years;	2182

(2) For a felony of the second degree that is not a felony	2183
sex offense, three years;	2184

(3) For a felony of the third degree that is an offense of	2185
violence and is not a felony sex offense and in the commission of	2186
which the offender caused or threatened physical harm to a person,	2187
three years.	2188

(C) Any sentence to a prison term for a felony of the third,	2189
fourth, or fifth degree that is not subject to division (B)(1) or	2190
(3) of this section shall include a requirement that the offender	2191
be subject to a period of post-release control of up to three	2192
years after the offender's release from imprisonment, if the	2193
parole board, in accordance with division (D) of this section,	2194
determines that a period of post-release control is necessary for	2195
that offender. Section 2929.191 of the Revised Code applies if,	2196
prior to July 11, 2006, a court imposed a sentence including a	2197
prison term of a type described in this division and failed to	2198
notify the offender pursuant to division (B)(2)(d) of section	2199
2929.19 of the Revised Code regarding post-release control or to	2200
include in the judgment of conviction entered on the journal or in	2201
the sentence pursuant to division (D)(2) of section 2929.14 of the	2202
Revised Code a statement regarding post-release control. Pursuant	2203
to an agreement entered into under section 2967.29 of the Revised	2204
Code, a court of common pleas or parole board may impose sanctions	2205
or conditions on an offender who is placed on post-release control	2206
under this division.	2207

(D)(1) Before the prisoner is released from imprisonment, the	2208
parole board or, pursuant to an agreement under section 2967.29 of	2209
the Revised Code, the court shall impose upon a prisoner described	2210
in division (B) of this section, may impose upon a prisoner	2211
described in division (C) of this section, and shall impose upon a	2212
prisoner described in division (B)(2)(b) of section 5120.031 or in	2213
division (B)(1) of section 5120.032 of the Revised Code, one or	2214
more post-release control sanctions to apply during the prisoner's	2215
period of post-release control. Whenever the board or court	2216
imposes one or more post-release control sanctions upon a	2217
prisoner, the board or court, in addition to imposing the	2218
sanctions, also shall include as a condition of the post-release	2219
control that the offender not leave the state without permission	2220
of the court or the offender's parole or probation officer and	2221
that the offender abide by the law. The board or court may impose	2222
any other conditions of release under a post-release control	2223
sanction that the board or court considers appropriate, and the	2224
conditions of release may include any community residential	2225
sanction, community nonresidential sanction, or financial sanction	2226
that the sentencing court was authorized to impose pursuant to	2227
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	2228
to the release of a prisoner for whom it will impose one or more	2229
post-release control sanctions under this division, the parole	2230
board or court shall review the prisoner's criminal history,	2231
results from the single validated risk assessment tool selected by	2232
the department of rehabilitation and correction under section	2233
5120.114 of the Revised Code, all juvenile court adjudications	2234
finding the prisoner, while a juvenile, to be a delinquent child,	2235
and the record of the prisoner's conduct while imprisoned. The	2236
parole board or court shall consider any recommendation regarding	2237
post-release control sanctions for the prisoner made by the office	2238
of victims' services. After considering those materials, the board	2239
or court shall determine, for a prisoner described in division (B)	2240
of this section, division (B)(2)(b) of section 5120.031, or	2241
division (B)(1) of section 5120.032 of the Revised Code, which	2242
post-release control sanction or combination of post-release	2243
control sanctions is reasonable under the circumstances or, for a	2244
prisoner described in division (C) of this section, whether a	2245
post-release control sanction is necessary and, if so, which	2246
post-release control sanction or combination of post-release	2247
control sanctions is reasonable under the circumstances. In the	2248
case of a prisoner convicted of a felony of the fourth or fifth	2249
degree other than a felony sex offense, the board or court shall	2250
presume that monitored time is the appropriate post-release	2251
control sanction unless the board or court determines that a more	2252
restrictive sanction is warranted. A post-release control sanction	2253
imposed under this division takes effect upon the prisoner's	2254
release from imprisonment.	2255

Regardless of whether the prisoner was sentenced to the	2256
prison term prior to, on, or after July 11, 2006, prior to the	2257
release of a prisoner for whom it will impose one or more	2258
post-release control sanctions under this division, the parole	2259
board shall notify the prisoner that, if the prisoner violates any	2260
sanction so imposed or any condition of post-release control	2261
described in division (B) of section 2967.131 of the Revised Code	2262
that is imposed on the prisoner, the parole board may impose a	2263
prison term of up to one-half of the stated prison term originally	2264
imposed upon the prisoner.	2265

At least thirty days before the prisoner is released from	2266
imprisonment, except as otherwise provided in this paragraph, the	2267
department of rehabilitation and correction shall notify the	2268
victim and the victim's immediate family of the date on which the	2269
prisoner will be released, the period for which the prisoner will	2270
be under post-release control supervision, and the terms and	2271
conditions of the prisoner's post-release control regardless of	2272
whether the victim or victim's immediate family has requested the	2273
notification. The notice described in this paragraph shall not be	2274
given to a victim or victim's immediate family if the victim or	2275
the victim's immediate family has requested pursuant to division	2276
(B)(2) of section 2930.03 of the Revised Code that the notice not	2277
be provided to the victim or the victim's immediate family. At	2278
least thirty days before the prisoner is released from	2279
imprisonment and regardless of whether the victim or victim's	2280
immediate family has requested that the notice described in this	2281
paragraph be provided or not be provided to the victim or the	2282
victim's immediate family, the department also shall provide	2283
notice of that nature to the prosecuting attorney in the case and	2284
the law enforcement agency that arrested the prisoner if any	2285
officer of that agency was a victim of the offense.	2286

If the notice given under the preceding paragraph to the	2287
victim or the victim's immediate family is based on an offense	2288
committed prior to the effective date of this amendment and if the	2289
department of rehabilitation and correction has not previously	2290
successfully provided any notice to the victim or the victim's	2291
immediate family under division (B), (C), or (D) of section	2292
2930.16 of the Revised Code with respect to that offense and the	2293
offender who committed it, the notice also shall inform the victim	2294
or the victim's immediate family that the victim or the victim's	2295
immediate family may request that the victim or the victim's	2296
immediate family not be provided any further notices with respect	2297
to that offense and the offender who committed it and shall	2298
describe the procedure for making that request. The department may	2299
give the notices to which the preceding paragraph applies by any	2300
reasonable means, including regular mail, telephone, and	2301
electronic mail. If the department attempts to provide notice to	2302
any specified person under the preceding paragraph but the attempt	2303
is unsuccessful because the department is unable to locate the	2304
specified person, is unable to provide the notice by its chosen	2305
method because it cannot determine the mailing address, electronic	2306
mail address, or telephone number at which to provide the notice,	2307
or, if the notice is sent by mail, the notice is returned, the	2308
department shall make another attempt to provide the notice to the	2309
specified person. If the second attempt is unsuccessful, the	2310
department shall make at least one more attempt to provide the	2311
notice. If the notice is based on an offense committed prior to	2312
the effective date of this amendment, in each attempt to provide	2313
the notice to the victim or victim's immediate family, the notice	2314
shall include the opt-out information described in this paragraph.	2315
The department, in the manner described in division (D)(2) of	2316
section 2930.16 of the Revised Code, shall keep a record of all	2317
attempts to provide the notice, and of all notices provided, under	2318
this paragraph and the preceding paragraph. The record shall be	2319
considered as if it was kept under division (D)(2) of section	2320
2930.16 of the Revised Code. This paragraph, the preceding	2321
paragraph, and the notice-related provisions of divisions (E)(2)	2322
and (K) of section 2929.20, division (D)(1) of section 2930.16,	2323
division (H) of section 2967.12, division (E)(1)(b) of section	2324
2967.19, division (A)(3)(b) of section 2967.26, and division	2325
(A)(2) of section 5149.101 of the Revised Code enacted in the act	2326
in which this paragraph and the preceding paragraph were enacted,	2327
shall be known as "Roberta's Law."	2328

(2) If a prisoner who is placed on post-release control under	2329
this section is released before the expiration of the prisoner's	2330
stated prison term by reason of credit earned under section	2331
2967.193 of the Revised Code and if the prisoner earned sixty or	2332
more days of credit, the adult parole authority shall supervise	2333
the offender with an active global positioning system device for	2334
the first fourteen days after the offender's release from	2335
imprisonment. This division does not prohibit or limit the	2336
imposition of any post-release control sanction otherwise	2337
authorized by this section.	2338

(3) At any time after a prisoner is released from	2339
imprisonment and during the period of post-release control	2340
applicable to the releasee, the adult parole authority or,	2341
pursuant to an agreement under section 2967.29 of the Revised	2342
Code, the court may review the releasee's behavior under the	2343
post-release control sanctions imposed upon the releasee under	2344
this section. The authority or court may determine, based upon the	2345
review and in accordance with the standards established under	2346
division (E) of this section, that a more restrictive or a less	2347
restrictive sanction is appropriate and may impose a different	2348
sanction. The authority also may recommend that the parole board	2349
or court increase or reduce the duration of the period of	2350
post-release control imposed by the court. If the authority	2351
recommends that the board or court increase the duration of	2352
post-release control, the board or court shall review the	2353
releasee's behavior and may increase the duration of the period of	2354
post-release control imposed by the court up to eight years. If	2355
the authority recommends that the board or court reduce the	2356
duration of control for an offense described in division (B) or	2357
(C) of this section, the board or court shall review the	2358
releasee's behavior and may reduce the duration of the period of	2359
control imposed by the court. In no case shall the board or court	2360
reduce the duration of the period of control imposed for an	2361
offense described in division (B)(1) of this section to a period	2362
less than the length of the stated prison term originally imposed,	2363
and in no case shall the board or court permit the releasee to	2364
leave the state without permission of the court or the releasee's	2365
parole or probation officer.	2366

(E) The department of rehabilitation and correction, in	2367
accordance with Chapter 119. of the Revised Code, shall adopt	2368
rules that do all of the following:	2369

(1) Establish standards for the imposition by the parole	2370
board of post-release control sanctions under this section that	2371
are consistent with the overriding purposes and sentencing	2372
principles set forth in section 2929.11 of the Revised Code and	2373
that are appropriate to the needs of releasees;	2374

(2) Establish standards by which the parole board can	2375
determine which prisoners described in division (C) of this	2376
section should be placed under a period of post-release control;	2377

(3) Establish standards to be used by the parole board in	2378
reducing the duration of the period of post-release control	2379
imposed by the court when authorized under division (D) of this	2380
section, in imposing a more restrictive post-release control	2381
sanction than monitored time upon a prisoner convicted of a felony	2382
of the fourth or fifth degree other than a felony sex offense, or	2383
in imposing a less restrictive control sanction upon a releasee	2384
based on the releasee's activities including, but not limited to,	2385
remaining free from criminal activity and from the abuse of	2386
alcohol or other drugs, successfully participating in approved	2387
rehabilitation programs, maintaining employment, and paying	2388
restitution to the victim or meeting the terms of other financial	2389
sanctions;	2390

(4) Establish standards to be used by the adult parole	2391
authority in modifying a releasee's post-release control sanctions	2392
pursuant to division (D)(2) of this section;	2393

(5) Establish standards to be used by the adult parole	2394
authority or parole board in imposing further sanctions under	2395
division (F) of this section on releasees who violate post-release	2396
control sanctions, including standards that do the following:	2397

(a) Classify violations according to the degree of	2398
seriousness;	2399

(b) Define the circumstances under which formal action by the	2400
parole board is warranted;	2401

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

2402

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

2403

(e) Prescribe nonresidential community control sanctions for	2404
most misdemeanor and technical violations;	2405

(f) Provide procedures for the return of a releasee to	2406
imprisonment for violations of post-release control.	2407

(F)(1) Whenever the parole board imposes one or more	2408
post-release control sanctions upon an offender under this	2409
section, the offender upon release from imprisonment shall be	2410
under the general jurisdiction of the adult parole authority and	2411
generally shall be supervised by the field services section	2412
through its staff of parole and field officers as described in	2413
section 5149.04 of the Revised Code, as if the offender had been	2414
placed on parole. If the offender upon release from imprisonment	2415
violates the post-release control sanction or any conditions	2416
described in division (A) of section 2967.131 of the Revised Code	2417
that are imposed on the offender, the public or private person or	2418
entity that operates or administers the sanction or the program or	2419
activity that comprises the sanction shall report the violation	2420
directly to the adult parole authority or to the officer of the	2421
authority who supervises the offender. The authority's officers	2422
may treat the offender as if the offender were on parole and in	2423
violation of the parole, and otherwise shall comply with this	2424
section.	2425

(2) If the adult parole authority or, pursuant to an	2426
agreement under section 2967.29 of the Revised Code, the court	2427
determines that a releasee has violated a post-release control	2428
sanction or any conditions described in division (A) of section	2429
2967.131 of the Revised Code imposed upon the releasee and that a	2430
more restrictive sanction is appropriate, the authority or court	2431
may impose a more restrictive sanction upon the releasee, in	2432
accordance with the standards established under division (E) of	2433
this section or in accordance with the agreement made under	2434
section 2967.29 of the Revised Code, or may report the violation	2435
to the parole board for a hearing pursuant to division (F)(3) of	2436
this section. The authority or court may not, pursuant to this	2437
division, increase the duration of the releasee's post-release	2438
control or impose as a post-release control sanction a residential	2439
sanction that includes a prison term, but the authority or court	2440
may impose on the releasee any other residential sanction,	2441
nonresidential sanction, or financial sanction that the sentencing	2442
court was authorized to impose pursuant to sections 2929.16,	2443
2929.17, and 2929.18 of the Revised Code.	2444

(3) The parole board or, pursuant to an agreement under	2445
section 2967.29 of the Revised Code, the court may hold a hearing	2446
on any alleged violation by a releasee of a post-release control	2447
sanction or any conditions described in division (A) of section	2448
2967.131 of the Revised Code that are imposed upon the releasee.	2449
If after the hearing the board or court finds that the releasee	2450
violated the sanction or condition, the board or court may	2451
increase the duration of the releasee's post-release control up to	2452
the maximum duration authorized by division (B) or (C) of this	2453
section or impose a more restrictive post-release control	2454
sanction. When appropriate, the board or court may impose as a	2455
post-release control sanction a residential sanction that includes	2456
a prison term. The board or court shall consider a prison term as	2457
a post-release control sanction imposed for a violation of	2458
post-release control when the violation involves a deadly weapon	2459
or dangerous ordnance, physical harm or attempted serious physical	2460
harm to a person, or sexual misconduct, or when the releasee	2461
committed repeated violations of post-release control sanctions.	2462
Unless a releasee's stated prison term was reduced pursuant to	2463
section 5120.032 of the Revised Code, the period of a prison term	2464
that is imposed as a post-release control sanction under this	2465
division shall not exceed nine months, and the maximum cumulative	2466
prison term for all violations under this division shall not	2467
exceed one-half of the stated prison term originally imposed upon	2468
the offender as part of this sentence. If a releasee's stated	2469
prison term was reduced pursuant to section 5120.032 of the	2470
Revised Code, the period of a prison term that is imposed as a	2471
post-release control sanction under this division and the maximum	2472
cumulative prison term for all violations under this division	2473
shall not exceed the period of time not served in prison under the	2474
sentence imposed by the court. The period of a prison term that is	2475
imposed as a post-release control sanction under this division	2476
shall not count as, or be credited toward, the remaining period of	2477
post-release control.	2478

If an offender is imprisoned for a felony committed while	2479
under post-release control supervision and is again released on	2480
post-release control for a period of time determined by division	2481
(F)(4)(d) of this section, the maximum cumulative prison term for	2482
all violations under this division shall not exceed one-half of	2483
the total stated prison terms of the earlier felony, reduced by	2484
any prison term administratively imposed by the parole board or	2485
court, plus one-half of the total stated prison term of the new	2486
felony.	2487

(4) Any period of post-release control shall commence upon an	2488
offender's actual release from prison. If an offender is serving	2489
an indefinite prison term or a life sentence in addition to a	2490
stated prison term, the offender shall serve the period of	2491
post-release control in the following manner:	2492

(a) If a period of post-release control is imposed upon the	2493
offender and if the offender also is subject to a period of parole	2494
under a life sentence or an indefinite sentence, and if the period	2495
of post-release control ends prior to the period of parole, the	2496
offender shall be supervised on parole. The offender shall receive	2497
credit for post-release control supervision during the period of	2498
parole. The offender is not eligible for final release under	2499
section 2967.16 of the Revised Code until the post-release control	2500
period otherwise would have ended.	2501

(b) If a period of post-release control is imposed upon the	2502
offender and if the offender also is subject to a period of parole	2503
under an indefinite sentence, and if the period of parole ends	2504
prior to the period of post-release control, the offender shall be	2505
supervised on post-release control. The requirements of parole	2506
supervision shall be satisfied during the post-release control	2507
period.	2508

(c) If an offender is subject to more than one period of	2509
post-release control, the period of post-release control for all	2510
of the sentences shall be the period of post-release control that	2511
expires last, as determined by the parole board or court. Periods	2512
of post-release control shall be served concurrently and shall not	2513
be imposed consecutively to each other.	2514

(d) The period of post-release control for a releasee who	2515
commits a felony while under post-release control for an earlier	2516
felony shall be the longer of the period of post-release control	2517
specified for the new felony under division (B) or (C) of this	2518
section or the time remaining under the period of post-release	2519
control imposed for the earlier felony as determined by the parole	2520
board or court.	2521

Sec. 2971.04.  (A) If an offender is serving a prison term	2522
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	2523
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	2524
the Revised Code, at any time after the offender has served the	2525
minimum term imposed under that sentence, the parole board may	2526
terminate its control over the offender's service of the prison	2527
term. The parole board initially shall determine whether to	2528
terminate its control over the offender's service of the prison	2529
term upon the completion of the offender's service of the minimum	2530
term under the sentence and shall make subsequent determinations	2531
at least once every two years after that first determination. The	2532
parole board shall not terminate its control over the offender's	2533
service of the prison term unless it finds at a hearing that the	2534
offender does not represent a substantial risk of physical harm to	2535
others. Upon the request of the prosecuting attorney or of any law	2536
enforcement agency, the board shall provide to the requesting	2537
prosecuting attorney and law enforcement agencies an institutional	2538
summary report prepared by the department of rehabilitation and	2539
correction that covers the offender's participation while confined	2540
in a state correctional institution in training, work, and other	2541
rehabilitative activities and any disciplinary action taken	2542
against the offender while so confined. Prior to determining	2543
whether to terminate its control over the offender's service of	2544
the prison term, the parole board shall request the department of	2545
rehabilitation and correction to prepare pursuant to section	2546
5120.61 of the Revised Code an update of the most recent risk	2547
assessment and report relative to the offender. The offender has	2548
the right to be present at any hearing held under this section. At	2549

At the hearing, the offender and the prosecuting attorney may	2550
make a statement and present evidence as to whether the parole	2551
board should terminate its control over the offender's service of	2552
the prison term. In making its determination as to whether to	2553
terminate its control over the offender's service of the prison	2554
term, the parole board may follow the standards and guidelines	2555
adopted by the department of rehabilitation and correction under	2556
section 5120.49 of the Revised Code and shall consider the updated	2557
risk assessment and report relating to the offender prepared by	2558
the department pursuant to section 5120.61 of the Revised Code in	2559
response to the request made under this division and any	2560
statements or evidence submitted by the offender or the	2561
prosecuting attorney. If the parole board terminates its control	2562
over an offender's service of a prison term imposed under division	2563
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	2564
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2565
Code, it shall recommend to the court modifications to the	2566
requirement that the offender serve the entire term in a state	2567
correctional institution. The court is not bound by the	2568
recommendations submitted by the parole board.	2569

(B) If the parole board terminates its control over an	2570
offender's service of a prison term imposed pursuant to division	2571
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	2572
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2573
Code, the parole board immediately shall provide written notice of	2574
its termination of control to the department of rehabilitation and	2575
correction, the court, and the prosecuting attorney, and, after	2576
the board's termination of its control, the court shall have	2577
control over the offender's service of that prison term.	2578

After the transfer, the court shall have control over the	2579
offender's service of that prison term for the offender's entire	2580
life, subject to the court's termination of the term pursuant to	2581
section 2971.05 of the Revised Code.	2582

(C) If control over the offender's service of the prison term	2583
is transferred to the court, all of the following apply:	2584

(1) The offender shall not be released solely as a result of	2585
the transfer of control over the service of that prison term.	2586

(2) The offender shall not be permitted solely as a result of	2587
the transfer to serve a portion of that term in a place other than	2588
a state correctional institution.	2589

(3) The offender shall continue serving that term in a state	2590
correctional institution, subject to the following:	2591

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

2592

(b) A modification or termination of the term by the court	2593
pursuant to this chapter.	2594

Sec. 2971.05.  (A)(1) After control over an offender's	2595
service of a prison term imposed pursuant to division (A)(3),	2596
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	2597
(c), or (d) of section 2971.03 of the Revised Code has been	2598
transferred pursuant to section 2971.04 of the Revised Code to the	2599
court, the court shall schedule, within thirty days of any of the	2600
following, a hearing on whether to modify in accordance with	2601
division (C) of this section the requirement that the offender	2602
serve the entire prison term in a state correctional institution	2603
or to terminate the prison term in accordance with division (D) of	2604
this section:	2605

(a) Control over the offender's service of a prison term is	2606
transferred pursuant to section 2971.04 of the Revised Code to the	2607
court, and no hearing to modify the requirement has been held;	2608

(b) Two years elapse after the most recent prior hearing held	2609
pursuant to division (A)(1) or (2) of this section;	2610

(c) The prosecuting attorney, the department of	2611
rehabilitation and correction, or the adult parole authority	2612
requests the hearing, and recommends that the requirement be	2613
modified or that the offender's prison term be terminated.	2614

(2) After control over the offender's service of a prison	2615
term has been transferred pursuant to section 2971.04 of the	2616
Revised Code to the court, the court, within thirty days of either	2617
of the following, shall conduct a hearing on whether to modify in	2618
accordance with division (C) of this section the requirement that	2619
the offender serve the entire prison term in a state correctional	2620
institution, whether to continue, revise, or revoke an existing	2621
modification of that requirement, or whether to terminate the term	2622
in accordance with division (D) of this section:	2623

(a) The requirement that the offender serve the entire prison	2624
term in a state correctional institution has been modified, and	2625
the offender is taken into custody for any reason.	2626

(b) The department of rehabilitation and correction or the	2627
prosecuting attorney notifies the court pursuant to section	2628
2971.06 of the Revised Code regarding a known or suspected	2629
violation of a term or condition of the modification or a belief	2630
that there is a substantial likelihood that the offender has	2631
committed or is about to commit a sexually violent offense.	2632

(3) After control over the offender's service of a prison	2633
term has been transferred pursuant to section 2971.04 of the	2634
Revised Code to the court, the court, in any of the following	2635
circumstances, may conduct a hearing within thirty days to	2636
determine whether to modify in accordance with division (C) of	2637
this section the requirement that the offender serve the entire	2638
prison term in a state correctional institution, whether to	2639
continue, revise, or revoke an existing modification of that	2640
requirement, or whether to terminate the sentence in accordance	2641
with division (D) of this section:	2642

(a) The offender requests the hearing;

2643

(b) Upon the court's own motion;

2644

(c) One or more examiners who have conducted a psychological	2645
examination and assessment of the offender file a statement that	2646
states that there no longer is a likelihood that the offender will	2647
engage in the future in a sexually violent offense.	2648

(B)(1) Before a court holds a hearing pursuant to division	2649
(A) of this section, the court shall provide notice of the date,	2650
time, place, and purpose of the hearing to the offender, the	2651
prosecuting attorney, the department of rehabilitation and	2652
correction, and the adult parole authority and shall request the	2653
department to prepare pursuant to section 5120.61 of the Revised	2654
Code an update of the most recent risk assessment and report	2655
relative to the offender. Upon the request of the prosecuting	2656
attorney or of any law enforcement agency, the department shall	2657
provide to the requesting prosecuting attorney and law enforcement	2658
agencies an institutional summary report prepared by the	2659
department that covers the offender's participation while confined	2660
in a state correctional institution in training, work, and other	2661
rehabilitative activities and any disciplinary action taken	2662
against the offender while so confined. The offender has the right	2663
to be present at any hearing held under this section. At the	2664
hearing, the offender and the prosecuting attorney may make a	2665
statement and present evidence as to whether the requirement that	2666
the offender serve the entire prison term in a state correctional	2667
institution should or should not be modified, whether the existing	2668
modification of the requirement should be continued, revised, or	2669
revoked, and whether the prison term should or should not be	2670
terminated.	2671

(2) At a hearing held pursuant to division (A) of this	2672
section, the court may and, if the hearing is held pursuant to	2673
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	2674
determine by clear and convincing evidence whether the offender is	2675
unlikely to commit a sexually violent offense in the future.	2676

(3) At the conclusion of the hearing held pursuant to	2677
division (A) of this section, the court may order that the	2678
requirement that the offender serve the entire prison term in a	2679
state correctional institution be continued, that the requirement	2680
be modified pursuant to division (C) of this section, that an	2681
existing modification be continued, revised, or revoked pursuant	2682
to division (C) of this section, or that the prison term be	2683
terminated pursuant to division (D) of this section.	2684

(C)(1) If, at the conclusion of a hearing held pursuant to	2685
division (A) of this section, the court determines by clear and	2686
convincing evidence that the offender will not represent a	2687
substantial risk of physical harm to others, the court may modify	2688
the requirement that the offender serve the entire prison term	2689
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	2690
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	2691
the Revised Code in a state correctional institution in a manner	2692
that the court considers appropriate. If the court modifies the	2693
requirement for an offender whose prison term was imposed pursuant	2694
to division (A)(3) of section 2971.03 of the Revised Code, the	2695
court shall order the adult parole authority to supervise the	2696
offender and shall require that the authority's supervision of the	2697
offender be pursuant to division (E) of this section. If the court	2698
modifies the requirement for an offender whose prison term was	2699
imposed pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b),	2700
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the	2701
Revised Code, the court shall order the adult parole authority to	2702
supervise the offender and may require that the authority's	2703
supervision of the offender be pursuant to division (E) of this	2704
section.	2705

(2) The modification of the requirement does not terminate	2706
the prison term but serves only to suspend the requirement that	2707
the offender serve the entire term in a state correctional	2708
institution. The prison term shall remain in effect for the	2709
offender's entire life unless the court terminates the prison term	2710
pursuant to division (D) of this section. The offender shall	2711
remain under the jurisdiction of the court for the offender's	2712
entire life unless the court so terminates the prison term. The	2713
modification of the requirement does not terminate the	2714
classification of the offender, as described in division (F) of	2715
section 2971.03 of the Revised Code, as a sexual predator for	2716
purposes of Chapter 2950. of the Revised Code, and the offender is	2717
subject to supervision, including supervision under division (E)	2718
of this section if the court required the supervision of the	2719
offender to be pursuant to that division.	2720

(3) If the court revokes the modification under	2721
consideration, the court shall order that the offender be returned	2722
to the custody of the department of rehabilitation and correction	2723
to continue serving the prison term to which the modification	2724
applied, and section 2971.06 of the Revised Code applies regarding	2725
the offender.	2726

(D)(1) If, at the conclusion of a hearing held pursuant to	2727
division (A) of this section, the court determines by clear and	2728
convincing evidence that the offender is unlikely to commit a	2729
sexually violent offense in the future, the court may terminate	2730
the offender's prison term imposed under division (A)(3),	2731
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	2732
(c), or (d) of section 2971.03 of the Revised Code, subject to the	2733
offender satisfactorily completing the period of conditional	2734
release required by this division and, if applicable, compliance	2735
with division (E) of this section. If the court terminates the	2736
prison term, the court shall place the offender on conditional	2737
release for five years, notify the adult parole authority of its	2738
determination and of the termination of the prison term, and order	2739
the adult parole authority to supervise the offender during the	2740
five-year period of conditional release or, if division (E)	2741
applies to the offender, to supervise the offender pursuant to and	2742
for the period of time specified in that division. If the court	2743
terminates the prison term for an offender whose prison term was	2744
imposed pursuant to division (A)(3) of section 2971.03 of the	2745
Revised Code, the court shall require that the authority's	2746
supervision of the offender be pursuant to division (E) of this	2747
section. If the court terminates the prison term for an offender	2748
whose prison term was imposed pursuant to division (B)(1)(a), (b),	2749
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	2750
section 2971.03 of the Revised Code, the court may require that	2751
the authority's supervision of the offender be pursuant to	2752
division (E) of this section. Upon receipt of a notice from a	2753
court pursuant to this division, the adult parole authority shall	2754
supervise the offender who is the subject of the notice during the	2755
five-year period of conditional release, periodically notify the	2756
court of the offender's activities during that five-year period of	2757
conditional release, and file with the court no later than thirty	2758
days prior to the expiration of the five-year period of	2759
conditional release a written recommendation as to whether the	2760
termination of the offender's prison term should be finalized,	2761
whether the period of conditional release should be extended, or	2762
whether another type of action authorized pursuant to this chapter	2763
should be taken.	2764

(2) Upon receipt of a recommendation of the adult parole	2765
authority filed pursuant to division (D)(1) of this section, the	2766
court shall hold a hearing to determine whether to finalize the	2767
termination of the offender's prison term, to extend the period of	2768
conditional release, or to take another type of action authorized	2769
pursuant to this chapter. The court shall hold the hearing no	2770
later than the date on which the five-year period of conditional	2771
release terminates and shall provide notice of the date, time,	2772
place, and purpose of the hearing to the offender and to the	2773
prosecuting attorney. At the hearing, the offender, the	2774
prosecuting attorney, and the adult parole authority employee who	2775
supervised the offender during the period of conditional release	2776
may make a statement and present evidence.	2777

If the court determines at the hearing to extend an	2778
offender's period of conditional release, it may do so for	2779
additional periods of one year in the same manner as the original	2780
period of conditional release, and, except as otherwise described	2781
in this division, all procedures and requirements that applied to	2782
the original period of conditional release apply to the additional	2783
period of extended conditional release unless the court modifies a	2784
procedure or requirement. If an offender's period of conditional	2785
release is extended as described in this division, all references	2786
to a five-year period of conditional release that are contained in	2787
division (D)(1) of this section shall be construed, in applying	2788
the provisions of that division to the extension, as being	2789
references to the one-year period of the extension of the	2790
conditional release.	2791

If the court determines at the hearing to take another type	2792
of action authorized pursuant to this chapter, it may do so in the	2793
same manner as if the action had been taken at any other stage of	2794
the proceedings under this chapter. As used in this division,	2795
"another type of action" includes the revocation of the	2796
conditional release and the return of the offender to a state	2797
correctional institution to continue to serve the prison term.	2798

If the court determines at the hearing to finalize the	2799
termination of the offender's prison term, it shall notify the	2800
department of rehabilitation and correction, the department shall	2801
enter into its records a final release and issue to the offender a	2802
certificate of final release, and the prison term thereafter shall	2803
be considered completed and terminated in every way.	2804

(3) The termination of an offender's prison term pursuant to	2805
division (D)(1) or (2) of this section does not affect the	2806
classification of the offender, as described in division (F) of	2807
section 2971.03 of the Revised Code, as a tier III sex	2808
offender/child-victim offender for purposes of Chapter 2950. of	2809
the Revised Code, does not terminate the adult parole authority's	2810
supervision of the offender, and, if the court had required the	2811
supervision of the offender to be pursuant to division (E) of this	2812
section, does not terminate the supervision of the offender with	2813
an active global positioning system device, pursuant to that	2814
division.	2815

(E) If a prison term imposed upon an offender pursuant to	2816
division (A)(3) of section 2971.03 of the Revised Code is modified	2817
as provided in division (C) of this section or terminated as	2818
provided in division (D) of this section, the adult parole	2819
authority shall supervise the offender with an active global	2820
positioning system device during any time period in which the	2821
offender is not incarcerated in a state correctional institution.	2822
If a prison term imposed upon an offender pursuant to division	2823
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),	2824
or (d) of section 2971.03 of the Revised Code is modified as	2825
provided in division (C) of this section or terminated as provided	2826
in division (D) of this section, and if the court requires that	2827
the adult parole authority's supervision of the offender be	2828
pursuant to this division, the authority shall supervise the	2829
offender with an active global positioning system device during	2830
any time period in which the offender is not incarcerated in a	2831
state correctional institution. If the adult parole authority is	2832
required to supervise the offender with an active global	2833
positioning system device as described in this division, unless	2834
the court removes the offender's classification as a sexually	2835
violent predator regarding an offender whose prison term was	2836
imposed under division (A)(3) of section 2971.03 of the Revised	2837
Code or terminates the requirement that supervision of the	2838
offender be pursuant to this division regarding an offender whose	2839
prison term was imposed under division (B)(1)(a), (b), or (c),	2840
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	2841
2971.03 of the Revised Code, the offender is subject to	2842
supervision with an active global positioning system pursuant to	2843
this division for the offender's entire life. The costs of	2844
administering the supervision of offenders with an active global	2845
positioning system device pursuant to this division shall be paid	2846
out of funds from the reparations fund, created pursuant to	2847
section 2743.191 of the Revised Code. This division shall only	2848
apply to a sexually violent predator sentenced pursuant to	2849
division (A)(3) of section 2971.03 of the Revised Code who is	2850
released from the custody of the department of rehabilitation and	2851
correction on or after September 29, 2005, or an offender	2852
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of	2853
the Revised Code on or after January 2, 2007.	2854

Sec. 5120.66.  (A) Within ninety days after November 23,	2855
2005, but not before January 1, 2006, the department of	2856
rehabilitation and correction shall establish and operate on the	2857
internet a database that contains all of the following:	2858

(1) For each inmate in the custody of the department under a	2859
sentence imposed for a conviction of or plea of guilty to any	2860
offense, all of the following information:	2861

(a) The inmate's name;

2862

(b) For each offense for which the inmate was sentenced to a	2863
prison term or term of imprisonment and is in the department's	2864
custody, the name of the offense, the Revised Code section of	2865
which the offense is a violation, the gender of each victim of the	2866
offense if those facts are known, whether each victim of the	2867
offense was an adult or child if those facts are known, whether	2868
any victim of the offense was a law enforcement officer if that	2869
fact is known, the range of the possible prison terms or term of	2870
imprisonment that could have been imposed for the offense, the	2871
actual prison term or term of imprisonment imposed for the	2872
offense, the county in which the offense was committed, the date	2873
on which the inmate began serving the prison term or term of	2874
imprisonment imposed for the offense, and either the date on which	2875
the inmate will be eligible for parole relative to the offense if	2876
the prison term or term of imprisonment is an indefinite term or	2877
life term or the date on which the term ends if the prison term is	2878
a definite term;	2879

(c) All of the following information that is applicable	2880
regarding the inmate:	2881

(i) If known to the department prior to the conduct of any	2882
hearing for judicial release of the defendant pursuant to section	2883
2929.20 of the Revised Code in relation to any prison term or term	2884
of imprisonment the inmate is serving for any offense or any	2885
hearing for release of the defendant pursuant to section 2967.19	2886
of the Revised Code in relation to any such term, notice of the	2887
fact that the inmate will be having a hearing regarding a possible	2888
grant of judicial release or release, the date of the hearing, and	2889
the right of any person pursuant to division (J) of section	2890
2929.20 or division (H) of section 2967.19 of the Revised Code,	2891
whichever is applicable, to submit to the court a written	2892
statement regarding the possible judicial release or release. The	2893
department also shall post notice of the filing of any petition	2894
for release of the inmate pursuant to section 2967.19 of the	2895
Revised Code, as required by division (E) of that section.	2896

(ii) If the inmate is serving a prison term pursuant to	2897
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	2898
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2899
Code, prior to the conduct of any hearing pursuant to section	2900
2971.05 of the Revised Code to determine whether to modify the	2901
requirement that the inmate serve the entire prison term in a	2902
state correctional facility in accordance with division (C) of	2903
that section, whether to continue, revise, or revoke any existing	2904
modification of that requirement, or whether to terminate the	2905
prison term in accordance with division (D) of that section,	2906
notice of the fact that the inmate will be having a hearing	2907
regarding those determinations and of the date of the hearing;	2908

(iii) At least three weekssixty days before the adult parole	2909
authority recommends a pardon or commutation of sentence for the	2910
inmate or at least three weekssixty days prior to a hearing	2911
before the adult parole authority regarding a grant of parole to	2912
the inmate in relation to any prison term or term of imprisonment	2913
the inmate is serving for any offense, notice of the fact that the	2914
inmate might be under consideration for a pardon or commutation of	2915
sentence or will be having a hearing regarding a possible grant of	2916
parole, of the date of any hearing regarding a possible grant of	2917
parole, and of the right of any person to submit a written	2918
statement regarding the pending action;	2919

(iv) At least three weekssixty days before the inmate is	2920
transferred to transitional control under section 2967.26 of the	2921
Revised Code in relation to any prison term or term of	2922
imprisonment the inmate is serving for any offense, notice of the	2923
pendency of the transfer, of the date of the possible transfer,	2924
and of the right of any person to submit a statement regarding the	2925
possible transfer;	2926

(v) Prompt notice of the inmate's escape from any facility in	2927
which the inmate was incarcerated and of the capture of the inmate	2928
after an escape;	2929

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

2930

(vii) Prior to the release of the inmate from confinement,	2931
notice of the fact that the inmate will be released, of the date	2932
of the release, and, if applicable, of the standard terms and	2933
conditions of the release;	2934

(viii) Notice of the inmate's judicial release pursuant to	2935
section 2929.20 of the Revised Code or release pursuant to section	2936
2967.19 of the Revised Code.	2937

(2) Information as to where a person can send written	2938
statements of the types referred to in divisions (A)(1)(c)(i),	2939
(iii), and (iv) of this section.	2940

(B)(1) The department shall update the database required	2941
under division (A) of this section every twenty-four hours to	2942
ensure that the information it contains is accurate and current.	2943

(2) The database required under division (A) of this section	2944
is a public record open for inspection under section 149.43 of the	2945
Revised Code. The department shall make the database searchable by	2946
inmate name and by the county and zip code where the offender	2947
intends to reside after release from a state correctional	2948
institution if this information is known to the department.	2949

(3) The database required under division (A) of this section	2950
may contain information regarding inmates who are listed in the	2951
database in addition to the information described in that	2952
division.	2953

(4) No information included on the database required under	2954
division (A) of this section shall identify or enable the	2955
identification of any victim of any offense committed by an	2956
inmate.	2957

(C) The failure of the department to comply with the	2958
requirements of division (A) or (B) of this section does not give	2959
any rights or any grounds for appeal or post-conviction relief to	2960
any inmate.	2961

(D) This section, and the related provisions of sections	2962
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	2963
in the act in which this section was enacted, shall be known as	2964
"Laura's Law."	2965

Sec. 5149.07.  The department of rehabilitation and	2966
correction shall maintain central files and records pertaining to	2967
the work of the adult parole authority, and shall coordinate the	2968
department's record-keeping with that of the adult parole	2969
authority. Additionally, the department shall not later than the	2970
first Monday of January of odd-numbered years prepare and submit	2971
to the governor for histhe governor's approval and signature a	2972
written report showing each case of pardon, commutation, or	2973
reprieve granted during the preceding biennium, stating the name	2974
and crime of the convict or prisoner, the sentence, its date, and	2975
the date of the clemency action, together with the reasons listed	2976
therefor in the governor's clemency record. The report shall	2977
conform to the requirements of Section 11 of Article III, Ohio	2978
Constitution.	2979

The department shall conduct research relative to the	2980
functioning of clemency, probation, and parole as part of the	2981
adult corrections program in this state, which research shall be	2982
designed to yield information upon which the division of parole	2983
and community services, the department of rehabilitation and	2984
correction, the governor, and the general assembly can base policy	2985
decisions.	2986

At the end of each quarter, the department shall submit to	2987
the chairpersons of the committees of the senate and the house of	2988
representatives that consider criminal justice legislation a	2989
report on the number and results of parole hearings conducted	2990
during the quarter and a list of persons incarcerated for	2991
committing offenses of violence who were granted parole and a	2992
summary of the terms and conditions of their parole. The	2993
department shall provide the committees with any documentation	2994
related to the reports that members of the committees may request.	2995

Upon request, the department shall provide a detailed	2996
statement, supported by documentation, of the reasons why a	2997
particular prisoner was granted parole to the law enforcement	2998
agency that arrested the prisoner, the prosecuting attorney who	2999
prosecuted the case, or any person who is a member of the general	3000
assembly at the time the person makes the request.	3001

Sec. 5149.101.  (A)(1) A board hearing officer, a board	3002
member, or the office of victims' services may petition the board	3003
for a full board hearing that relates to the proposed parole or	3004
re-parole of a prisoner. At a meeting of the board at which a	3005
majority of board members are present, the majority of those	3006
present shall determine whether a full board hearing shall be	3007
held.	3008

(2) A victim of a violation of section 2903.01 or 2903.02 of	3009
the Revised Code, an offense of violence that is a felony of the	3010
first, second, or third degree, or an offense punished by a	3011
sentence of life imprisonment, the victim's representative, or any	3012
person described in division (B)(5) of this section may request	3013
the board to hold a full board hearing that relates to the	3014
proposed parole or re-parole of the person that committed the	3015
violation. If a victim, victim's representative, or other person	3016
requests a full board hearing pursuant to this division, the board	3017
shall hold a full board hearing.	3018

At least thirty days before the full hearing, except as	3019
otherwise provided in this division, the board shall give notice	3020
of the date, time, and place of the hearing to the victim	3021
regardless of whether the victim has requested the notification.	3022
The notice of the date, time, and place of the hearing shall not	3023
be given under this division to a victim if the victim has	3024
requested pursuant to division (B)(2) of section 2930.03 of the	3025
Revised Code that the notice not be provided to the victim. At	3026
least thirty days before the full board hearing and regardless of	3027
whether the victim has requested that the notice be provided or	3028
not be provided under this division to the victim, the board shall	3029
give similar notice to the prosecuting attorney in the case, the	3030
law enforcement agency that arrested the prisoner if any officer	3031
of that agency was a victim of the offense, and, if different than	3032
the victim, the person who requested the full hearing. If the	3033
prosecuting attorney has not previously been sent an institutional	3034
summary report with respect to the prisoner, upon the request of	3035
the prosecuting attorney, the board shall include with the notice	3036
sent to the prosecuting attorney an institutional summary report	3037
that covers the offender's participation while confined in a state	3038
correctional institution in training, work, and other	3039
rehabilitative activities and any disciplinary action taken	3040
against the offender while so confined. Upon the request of a law	3041
enforcement agency that has not previously been sent an	3042
institutional summary report with respect to the prisoner, the	3043
board also shall send a copy of the institutional summary report	3044
to the law enforcement agency. If notice is to be provided as	3045
described in this division, the board may give the notice by any	3046
reasonable means, including regular mail, telephone, and	3047
electronic mail, in accordance with division (D)(1) of section	3048
2930.16 of the Revised Code. If the notice is based on an offense	3049
committed prior to the effective date of this amendment, the	3050
notice also shall include the opt-out information described in	3051
division (D)(1) of section 2930.16 of the Revised Code. The board,	3052
in accordance with division (D)(2) of section 2930.16 of the	3053
Revised Code, shall keep a record of all attempts to provide the	3054
notice, and of all notices provided, under this division.	3055

The preceding paragraph, and the notice-related provisions of	3056
divisions (E)(2) and (K) of section 2929.20, division (D)(1) of	3057
section 2930.16, division (H) of section 2967.12, division	3058
(E)(1)(b) of section 2967.19, division (A)(3)(b) of section	3059
2967.26, and division (D)(1) of section 2967.28 of the Revised	3060
Code enacted in the act in which this paragraph was enacted, shall	3061
be known as "Roberta's Law."	3062

(B) At a full board hearing that relates to the proposed	3063
parole or re-parole of a prisoner and that has been petitioned for	3064
or requested in accordance with division (A) of this section, the	3065
parole board shall permit the following persons to appear and to	3066
give testimony or to submit written statements:	3067

(1) The prosecuting attorney of the county in which the	3068
original indictment against the prisoner was found and members of	3069
any law enforcement agency that assisted in the prosecution of the	3070
original offense;	3071

(2) The judge of the court of common pleas who imposed the	3072
original sentence of incarceration upon the prisoner, or the	3073
judge's successor;	3074

(3) The victim of the original offense for which the prisoner	3075
is serving the sentence or the victim's representative designated	3076
pursuant to section 2930.02 of the Revised Code:;	3077

(4) The victim of any behavior that resulted in parole being	3078
revoked;	3079

(5) With respect to a full board hearing held pursuant to	3080
division (A)(2) of this section, all of the following:	3081

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

3082

(b) The parent or parents of the victim of the original	3083
offense;	3084

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

3085

(d) The child or children of the victim of the original	3086
offense.	3087

(6) Counsel or some other person designated by the prisoner	3088
as a representative, as described in division (C) of this section.	3089

(C) Except as otherwise provided in this division, a full	3090
board hearing of the parole board is not subject to section 121.22	3091
of the Revised Code. The persons who may attend a full board	3092
hearing are the persons described in divisions (B)(1) to (6) of	3093
this section, and representatives of the press, radio and	3094
television stations, and broadcasting networks who are members of	3095
a generally recognized professional media organization.	3096

At the request of a person described in division (B)(3) of	3097
this section, representatives of the news media described in this	3098
division shall be excluded from the hearing while that person is	3099
giving testimony at the hearing. The prisoner being considered for	3100
parole has no right to be present at the hearing, but may be	3101
represented by counsel or some other person designated by the	3102
prisoner.	3103

If there is an objection at a full board hearing to a	3104
recommendation for the parole of a prisoner, the board may approve	3105
or disapprove the recommendation or defer its decision until a	3106
subsequent full board hearing. The board may permit interested	3107
persons other than those listed in this division and division (B)	3108
of this section to attend full board hearings pursuant to rules	3109
adopted by the adult parole authority.	3110

(D) If the victim of the original offense died as a result of	3111
the offense and the offense was aggravated murder, murder, an	3112
offense of violence that is a felony of the first, second, or	3113
third degree, or an offense punished by a sentence of life	3114
imprisonment, the family of the victim may show at a full board	3115
hearing a video recording not exceeding five minutes in length	3116
memorializing the victim.	3117

(E) The adult parole authority shall adopt rules for the	3118
implementation of this section. The rules shall specify reasonable	3119
restrictions on the number of media representatives that may	3120
attend a hearing, based on considerations of space, and other	3121
procedures designed to accomplish an effective, orderly process	3122
for full board hearings.	3123

Section 2. That existing sections 2152.86, 2903.03, 2929.20,	3124
2930.03, 2930.06, 2930.16, 2950.01, 2967.03, 2967.12, 2967.121,	3125
2967.19, 2967.26, 2967.28, 2971.04, 2971.05, 5120.66, 5149.07, and	3126
5149.101 of the Revised Code are hereby repealed.	3127