As Reported by the House Criminal Justice Committee

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 160

Senators Bacon, Hughes 

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

Representatives Conditt, Bubp, Garland, Hayes, Lynch, Pillich 

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A BILL

To amend sections 2152.86, 2717.01, 2903.03, 2929.13,

1

2929.20, 2930.03, 2930.06, 2930.16, 2950.01,

2

2951.041, 2953.08, 2967.03, 2967.12, 2967.121,

3

2967.19, 2967.26, 2967.28, 2971.04, 2971.05,

4

5120.66, 5149.07, and 5149.101 of the Revised Code

5

to require automatic notice to victims of

6

aggravated murder, murder, first, second, or third

7

degree felony offenses of violence, or offenses

8

punishable by a sentence of life imprisonment of

9

certain prisoner or alleged juvenile offender

10

release or transfer proceedings unless the victim

11

has requested that the notice not be provided; to

12

expand victim participation in parole hearings; to

13

require the Department of Rehabilitation and

14

Correction to provide certain information related

15

to paroles to designated public officials; to

16

require the Department to notify the appropriate

17

prosecuting attorney when a felon serving a

18

specified sentence is released pursuant to a

19

pardon, commutation of sentence, parole, or

20

completed prison term; to require that the

21

Department, in cases in which a prosecuting

22

attorney currently is notified that a Department

23

prisoner is being considered for an early release

24

or a specified type of transfer to a less

25

restrictive setting, provide the prosecuting

26

attorney and any law enforcement agency, upon

27

request, with an institutional summary report

28

prepared with respect to the prisoner; to make

29

other changes related to the release of prisoners

30

and victim's rights; to provide that voluntary

31

manslaughter committed with a sexual motivation is

32

a sexually oriented offense, makes an offender or

33

juvenile offender registrant who commits it a tier

34

III sex offender/child-victim offender, and may

35

qualify a juvenile offender registrant who commits

36

it as a public registry-qualified juvenile

37

offender registrant; to waive the notice by

38

publication requirement for a change of name if

39

the applicant submits proof that the publication

40

would jeopardize the applicant's personal safety;

41

to revise the sentencing options for fourth and

42

fifth degree felonies; and to name the victim and

43

family notification provisions Roberta's Law.

44

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The court shall waive the notice requirement.

264

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) The offender previously has not been convicted of or	365
pleaded guilty to a felony offense or to ana misdemeanor offense	366
of violence that is a misdemeanor and that the offender committed	367
within two years prior to the offense for which sentence is being	368
imposed.	369

(ii) The most serious charge against the offender at the time	370
of sentencing is a felony of the fourth or fifth degree.	371

(iii) If the court made a request of the department of	372
rehabilitation and correction pursuant to division (B)(1)(c) of	373
this section, the department, within the forty-five-day period	374
specified in that division, provided the court with the names of,	375
contact information for, and program details of one or more	376
community control sanctions of at least one year's duration that	377
are available for persons sentenced by the court.	378

(b) The court has discretion to impose a prison term upon an	379
offender who is convicted of or pleads guilty to a felony of the	380
fourth or fifth degree that is not an offense of violence if any	381
of the following apply:	382

(i) The offender committed the offense while having a firearm	383
on or about the offender's person or under the offender's control.	384

(ii) The offender caused physical harm to another person	385
while committing the offense.	386

(iii) The offender violated a term of the conditions of bond	387
as set by the court.	388

(iv) The court made a request of the department of	389
rehabilitation and correction pursuant to division (B)(1)(c) of	390
this section, and the department, within the forty-five-day period	391
specified in that division, did not provide the court with the	392
name of, contact information for, and program details of any	393
community control sanction of at least one year's duration that is	394
available for persons sentenced by the court.	395

(v) The offense is a sex offense that is a fourth or fifth	396
degree felony violation of any provision of Chapter 2907. of the	397
Revised Code.	398

(vi) In committing the offense, the offender attempted to	399
cause or made an actual threat of physical harm to a person with a	400
deadly weapon.	401

(vii) In committing the offense, the offender attempted to	402
cause or made an actual threat of physical harm to a person, and	403
the offender previously was convicted of an offense that caused	404
physical harm to a person.	405

(viii) The offender held a public office or position of	406
trust, and the offense related to that office or position; the	407
offender's position obliged the offender to prevent the offense or	408
to bring those committing it to justice; or the offender's	409
professional reputation or position facilitated the offense or was	410
likely to influence the future conduct of others.	411

(ix) The offender committed the offense for hire or as part	412
of an organized criminal activity.	413

(c) If a court that is sentencing an offender who is	414
convicted of or pleads guilty to a felony of the fourth or fifth	415
degree that is not an offense of violence believes that no	416
community control sanctions are available for its use that, if	417
imposed on the offender, will adequately fulfill the overriding	418
principles and purposes of sentencing, the court shall contact the	419
department of rehabilitation and correction and ask the department	420
to provide the court with the names of, contact information for,	421
and program details of one or more community control sanctions of	422
at least one year's duration that are available for persons	423
sentenced by the court. Not later than forty-five days after	424
receipt of a request from a court under this division, the	425
department shall provide the court with the names of, contact	426
information for, and program details of one or more community	427
control sanctions of at least one year's duration that are	428
available for persons sentenced by the court, if any. Upon making	429
a request under this division that relates to a particular	430
offender, a court shall defer sentencing of that offender until it	431
receives from the department the names of, contact information	432
for, and program details of one or more community control	433
sanctions of at least one year's duration that are available for	434
persons sentenced by the court or for forty-five days, whichever	435
is the earlier.	436

If the department provides the court with the names of,	437
contact information for, and program details of one or more	438
community control sanctions of at least one year's duration that	439
are available for persons sentenced by the court within the	440
forty-five-day period specified in this division, the court shall	441
impose upon the offender a community control sanction under	442
division (B)(1)(a) of this section, subject to divisions	443
(B)(1)(b)(i) and (ii) of this section. If the department does not	444
provide the court with the names of, contact information for, and	445
program details of one or more community control sanctions of at	446
least one year's duration that are available for persons sentenced	447
by the court within the forty-five-day period specified in this	448
division, the court may impose upon the offender a prison term	449
under division (B)(1)(b)(iii)(iv) of this section.	450

(d) A sentencing court may impose an additional penalty under	451
division (B) of section 2929.15 of the Revised Code upon an	452
offender sentenced to a community control sanction under division	453
(B)(1)(a) of this section if the offender violates the conditions	454
of the community control sanction, violates a law, or leaves the	455
state without the permission of the court or the offender's	456
probation officer.	457

(2) If division (B)(1) of this section does not apply, except	458
as provided in division (B)(3), (E), (F), or (G) of this section,	459
in sentencing an offender for a felony of the fourth or fifth	460
degree, the sentencing court shall determine whether any of the	461
following apply:	462

(a) In committing the offense, the offender caused physical	463
harm to a person.	464

(b) In committing the offense, the offender attempted to	465
cause or made an actual threat of physical harm to a person with a	466
deadly weapon.	467

(c) In committing the offense, the offender attempted to	468
cause or made an actual threat of physical harm to a person, and	469
the offender previously was convicted of an offense that caused	470
physical harm to a person.	471

(d) The offender held a public office or position of trust	472
and the offense related to that office or position; the offender's	473
position obliged the offender to prevent the offense or to bring	474
those committing it to justice; or the offender's professional	475
reputation or position facilitated the offense or was likely to	476
influence the future conduct of others.	477

(e) The offender committed the offense for hire or as part of	478
an organized criminal activity.	479

(f) The offense is a sex offense that is a fourth or fifth	480
degree felony violation of section 2907.03, 2907.04, 2907.05,	481
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	482
Revised Code.	483

(g) The offender at the time of the offense was serving, or	484
the offender previously had served, a prison term.	485

(h) The offender committed the offense while under a	486
community control sanction, while on probation, or while released	487
from custody on a bond or personal recognizance.	488

(i) The offender committed the offense while in possession of	489
a firearm.	490

(3)(a) If the court makes a finding described in division	491
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	492
section and if the court, after considering the factors set forth	493
in section 2929.12 of the Revised Code, finds that a prison term	494
is consistent with the purposes and principles of sentencing set	495
forth in section 2929.11 of the Revised Code and finds that the	496
offender is not amenable to an available community control	497
sanction, the court shall impose a prison term upon the offender.	498

(b) Except as provided in division (E), (F), or (G) of this	499
section, if the court does not make a finding described in	500
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	501
this section and if the court, after considering the factors set	502
forth in section 2929.12 of the Revised Code, finds that a	503
community control sanction or combination of community control	504
sanctions is consistent with the purposes and principles of	505
sentencing set forth in section 2929.11 of the Revised Code, the	506
court shall impose a community control sanction or combination of	507
community control sanctions upon the offenderdetermining whether	508
to impose a prison term as a sanction for a felony of the fourth	509
or fifth degree, the sentencing court shall comply with the	510
purposes and principles of sentencing under section 2929.11 of the	511
Revised Code and with section 2929.12 of the Revised Code.	512

(C) Except as provided in division (D), (E), (F), or (G) of	513
this section, in determining whether to impose a prison term as a	514
sanction for a felony of the third degree or a felony drug offense	515
that is a violation of a provision of Chapter 2925. of the Revised	516
Code and that is specified as being subject to this division for	517
purposes of sentencing, the sentencing court shall comply with the	518
purposes and principles of sentencing under section 2929.11 of the	519
Revised Code and with section 2929.12 of the Revised Code.	520

(D)(1) Except as provided in division (E) or (F) of this	521
section, for a felony of the first or second degree, for a felony	522
drug offense that is a violation of any provision of Chapter	523
2925., 3719., or 4729. of the Revised Code for which a presumption	524
in favor of a prison term is specified as being applicable, and	525
for a violation of division (A)(4) or (B) of section 2907.05 of	526
the Revised Code for which a presumption in favor of a prison term	527
is specified as being applicable, it is presumed that a prison	528
term is necessary in order to comply with the purposes and	529
principles of sentencing under section 2929.11 of the Revised	530
Code. Division (D)(2) of this section does not apply to a	531
presumption established under this division for a violation of	532
division (A)(4) of section 2907.05 of the Revised Code.	533

(2) Notwithstanding the presumption established under	534
division (D)(1) of this section for the offenses listed in that	535
division other than a violation of division (A)(4) or (B) of	536
section 2907.05 of the Revised Code, the sentencing court may	537
impose a community control sanction or a combination of community	538
control sanctions instead of a prison term on an offender for a	539
felony of the first or second degree or for a felony drug offense	540
that is a violation of any provision of Chapter 2925., 3719., or	541
4729. of the Revised Code for which a presumption in favor of a	542
prison term is specified as being applicable if it makes both of	543
the following findings:	544

(a) A community control sanction or a combination of	545
community control sanctions would adequately punish the offender	546
and protect the public from future crime, because the applicable	547
factors under section 2929.12 of the Revised Code indicating a	548
lesser likelihood of recidivism outweigh the applicable factors	549
under that section indicating a greater likelihood of recidivism.	550

(b) A community control sanction or a combination of	551
community control sanctions would not demean the seriousness of	552
the offense, because one or more factors under section 2929.12 of	553
the Revised Code that indicate that the offender's conduct was	554
less serious than conduct normally constituting the offense are	555
applicable, and they outweigh the applicable factors under that	556
section that indicate that the offender's conduct was more serious	557
than conduct normally constituting the offense.	558

(E)(1) Except as provided in division (F) of this section,	559
for any drug offense that is a violation of any provision of	560
Chapter 2925. of the Revised Code and that is a felony of the	561
third, fourth, or fifth degree, the applicability of a presumption	562
under division (D) of this section in favor of a prison term or of	563
division (B) or (C) of this section in determining whether to	564
impose a prison term for the offense shall be determined as	565
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	566
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	567
Revised Code, whichever is applicable regarding the violation.	568

(2) If an offender who was convicted of or pleaded guilty to	569
a felony violates the conditions of a community control sanction	570
imposed for the offense solely by reason of producing positive	571
results on a drug test, the court, as punishment for the violation	572
of the sanction, shall not order that the offender be imprisoned	573
unless the court determines on the record either of the following:	574

(a) The offender had been ordered as a sanction for the	575
felony to participate in a drug treatment program, in a drug	576
education program, or in narcotics anonymous or a similar program,	577
and the offender continued to use illegal drugs after a reasonable	578
period of participation in the program.	579

(b) The imprisonment of the offender for the violation is	580
consistent with the purposes and principles of sentencing set	581
forth in section 2929.11 of the Revised Code.	582

(3) A court that sentences an offender for a drug abuse	583
offense that is a felony of the third, fourth, or fifth degree may	584
require that the offender be assessed by a properly credentialed	585
professional within a specified period of time. The court shall	586
require the professional to file a written assessment of the	587
offender with the court. If the offender is eligible for a	588
community control sanction and after considering the written	589
assessment, the court may impose a community control sanction that	590
includes treatment and recovery support services authorized by	591
section 3793.02 of the Revised Code. If the court imposes	592
treatment and recovery support services as a community control	593
sanction, the court shall direct the level and type of treatment	594
and recovery support services after considering the assessment and	595
recommendation of treatment and recovery support services	596
providers.	597

(F) Notwithstanding divisions (A) to (E) of this section, the	598
court shall impose a prison term or terms under sections 2929.02	599
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	600
of the Revised Code and except as specifically provided in section	601
2929.20, divisions (C) to (I) of section 2967.19, or section	602
2967.191 of the Revised Code or when parole is authorized for the	603
offense under section 2967.13 of the Revised Code shall not reduce	604
the term or terms pursuant to section 2929.20, section 2967.19,	605
section 2967.193, or any other provision of Chapter 2967. or	606
Chapter 5120. of the Revised Code for any of the following	607
offenses:	608

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

609

(2) Any rape, regardless of whether force was involved and	610
regardless of the age of the victim, or an attempt to commit rape	611
if, had the offender completed the rape that was attempted, the	612
offender would have been guilty of a violation of division	613
(A)(1)(b) of section 2907.02 of the Revised Code and would be	614
sentenced under section 2971.03 of the Revised Code;	615

(3) Gross sexual imposition or sexual battery, if the victim	616
is less than thirteen years of age and if any of the following	617
applies:	618

(a) Regarding gross sexual imposition, the offender	619
previously was convicted of or pleaded guilty to rape, the former	620
offense of felonious sexual penetration, gross sexual imposition,	621
or sexual battery, and the victim of the previous offense was less	622
than thirteen years of age;	623

(b) Regarding gross sexual imposition, the offense was	624
committed on or after August 3, 2006, and evidence other than the	625
testimony of the victim was admitted in the case corroborating the	626
violation.	627

(c) Regarding sexual battery, either of the following	628
applies:	629

(i) The offense was committed prior to August 3, 2006, the	630
offender previously was convicted of or pleaded guilty to rape,	631
the former offense of felonious sexual penetration, or sexual	632
battery, and the victim of the previous offense was less than	633
thirteen years of age.	634

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

635

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	636
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	637
if the section requires the imposition of a prison term;	638

(5) A first, second, or third degree felony drug offense for	639
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	640
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	641
4729.99 of the Revised Code, whichever is applicable regarding the	642
violation, requires the imposition of a mandatory prison term;	643

(6) Any offense that is a first or second degree felony and	644
that is not set forth in division (F)(1), (2), (3), or (4) of this	645
section, if the offender previously was convicted of or pleaded	646
guilty to aggravated murder, murder, any first or second degree	647
felony, or an offense under an existing or former law of this	648
state, another state, or the United States that is or was	649
substantially equivalent to one of those offenses;	650

(7) Any offense that is a third degree felony and either is a	651
violation of section 2903.04 of the Revised Code or an attempt to	652
commit a felony of the second degree that is an offense of	653
violence and involved an attempt to cause serious physical harm to	654
a person or that resulted in serious physical harm to a person if	655
the offender previously was convicted of or pleaded guilty to any	656
of the following offenses:	657

(a) Aggravated murder, murder, involuntary manslaughter,	658
rape, felonious sexual penetration as it existed under section	659
2907.12 of the Revised Code prior to September 3, 1996, a felony	660
of the first or second degree that resulted in the death of a	661
person or in physical harm to a person, or complicity in or an	662
attempt to commit any of those offenses;	663

(b) An offense under an existing or former law of this state,	664
another state, or the United States that is or was substantially	665
equivalent to an offense listed in division (F)(7)(a) of this	666
section that resulted in the death of a person or in physical harm	667
to a person.	668

(8) Any offense, other than a violation of section 2923.12 of	669
the Revised Code, that is a felony, if the offender had a firearm	670
on or about the offender's person or under the offender's control	671
while committing the felony, with respect to a portion of the	672
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	673
of the Revised Code for having the firearm;	674

(9) Any offense of violence that is a felony, if the offender	675
wore or carried body armor while committing the felony offense of	676
violence, with respect to the portion of the sentence imposed	677
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	678
Code for wearing or carrying the body armor;	679

(10) Corrupt activity in violation of section 2923.32 of the	680
Revised Code when the most serious offense in the pattern of	681
corrupt activity that is the basis of the offense is a felony of	682
the first degree;	683

(11) Any violent sex offense or designated homicide, assault,	684
or kidnapping offense if, in relation to that offense, the	685
offender is adjudicated a sexually violent predator;	686

(12) A violation of division (A)(1) or (2) of section 2921.36	687
of the Revised Code, or a violation of division (C) of that	688
section involving an item listed in division (A)(1) or (2) of that	689
section, if the offender is an officer or employee of the	690
department of rehabilitation and correction;	691

(13) A violation of division (A)(1) or (2) of section 2903.06	692
of the Revised Code if the victim of the offense is a peace	693
officer, as defined in section 2935.01 of the Revised Code, or an	694
investigator of the bureau of criminal identification and	695
investigation, as defined in section 2903.11 of the Revised Code,	696
with respect to the portion of the sentence imposed pursuant to	697
division (B)(5) of section 2929.14 of the Revised Code;	698

(14) A violation of division (A)(1) or (2) of section 2903.06	699
of the Revised Code if the offender has been convicted of or	700
pleaded guilty to three or more violations of division (A) or (B)	701
of section 4511.19 of the Revised Code or an equivalent offense,	702
as defined in section 2941.1415 of the Revised Code, or three or	703
more violations of any combination of those divisions and	704
offenses, with respect to the portion of the sentence imposed	705
pursuant to division (B)(6) of section 2929.14 of the Revised	706
Code;	707

(15) Kidnapping, in the circumstances specified in section	708
2971.03 of the Revised Code and when no other provision of	709
division (F) of this section applies;	710

(16) Kidnapping, abduction, compelling prostitution,	711
promoting prostitution, engaging in a pattern of corrupt activity,	712
illegal use of a minor in a nudity-oriented material or	713
performance in violation of division (A)(1) or (2) of section	714
2907.323 of the Revised Code, or endangering children in violation	715
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	716
the Revised Code, if the offender is convicted of or pleads guilty	717
to a specification as described in section 2941.1422 of the	718
Revised Code that was included in the indictment, count in the	719
indictment, or information charging the offense;	720

(17) A felony violation of division (A) or (B) of section	721
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	722
that section, and division (D)(6) of that section, require the	723
imposition of a prison term;	724

(18) A felony violation of section 2903.11, 2903.12, or	725
2903.13 of the Revised Code, if the victim of the offense was a	726
woman that the offender knew was pregnant at the time of the	727
violation, with respect to a portion of the sentence imposed	728
pursuant to division (B)(8) of section 2929.14 of the Revised	729
Code.	730

(G) Notwithstanding divisions (A) to (E) of this section, if	731
an offender is being sentenced for a fourth degree felony OVI	732
offense or for a third degree felony OVI offense, the court shall	733
impose upon the offender a mandatory term of local incarceration	734
or a mandatory prison term in accordance with the following:	735

(1) If the offender is being sentenced for a fourth degree	736
felony OVI offense and if the offender has not been convicted of	737
and has not pleaded guilty to a specification of the type	738
described in section 2941.1413 of the Revised Code, the court may	739
impose upon the offender a mandatory term of local incarceration	740
of sixty days or one hundred twenty days as specified in division	741
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	742
not reduce the term pursuant to section 2929.20, 2967.193, or any	743
other provision of the Revised Code. The court that imposes a	744
mandatory term of local incarceration under this division shall	745
specify whether the term is to be served in a jail, a	746
community-based correctional facility, a halfway house, or an	747
alternative residential facility, and the offender shall serve the	748
term in the type of facility specified by the court. A mandatory	749
term of local incarceration imposed under division (G)(1) of this	750
section is not subject to any other Revised Code provision that	751
pertains to a prison term except as provided in division (A)(1) of	752
this section.	753

(2) If the offender is being sentenced for a third degree	754
felony OVI offense, or if the offender is being sentenced for a	755
fourth degree felony OVI offense and the court does not impose a	756
mandatory term of local incarceration under division (G)(1) of	757
this section, the court shall impose upon the offender a mandatory	758
prison term of one, two, three, four, or five years if the	759
offender also is convicted of or also pleads guilty to a	760
specification of the type described in section 2941.1413 of the	761
Revised Code or shall impose upon the offender a mandatory prison	762
term of sixty days or one hundred twenty days as specified in	763
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	764
if the offender has not been convicted of and has not pleaded	765
guilty to a specification of that type. Subject to divisions (C)	766
to (I) of section 2967.19 of the Revised Code, the court shall not	767
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	768
any other provision of the Revised Code. The offender shall serve	769
the one-, two-, three-, four-, or five-year mandatory prison term	770
consecutively to and prior to the prison term imposed for the	771
underlying offense and consecutively to any other mandatory prison	772
term imposed in relation to the offense. In no case shall an	773
offender who once has been sentenced to a mandatory term of local	774
incarceration pursuant to division (G)(1) of this section for a	775
fourth degree felony OVI offense be sentenced to another mandatory	776
term of local incarceration under that division for any violation	777
of division (A) of section 4511.19 of the Revised Code. In	778
addition to the mandatory prison term described in division (G)(2)	779
of this section, the court may sentence the offender to a	780
community control sanction under section 2929.16 or 2929.17 of the	781
Revised Code, but the offender shall serve the prison term prior	782
to serving the community control sanction. The department of	783
rehabilitation and correction may place an offender sentenced to a	784
mandatory prison term under this division in an intensive program	785
prison established pursuant to section 5120.033 of the Revised	786
Code if the department gave the sentencing judge prior notice of	787
its intent to place the offender in an intensive program prison	788
established under that section and if the judge did not notify the	789
department that the judge disapproved the placement. Upon the	790
establishment of the initial intensive program prison pursuant to	791
section 5120.033 of the Revised Code that is privately operated	792
and managed by a contractor pursuant to a contract entered into	793
under section 9.06 of the Revised Code, both of the following	794
apply:	795

(a) The department of rehabilitation and correction shall	796
make a reasonable effort to ensure that a sufficient number of	797
offenders sentenced to a mandatory prison term under this division	798
are placed in the privately operated and managed prison so that	799
the privately operated and managed prison has full occupancy.	800

(b) Unless the privately operated and managed prison has full	801
occupancy, the department of rehabilitation and correction shall	802
not place any offender sentenced to a mandatory prison term under	803
this division in any intensive program prison established pursuant	804
to section 5120.033 of the Revised Code other than the privately	805
operated and managed prison.	806

(H) If an offender is being sentenced for a sexually oriented	807
offense or child-victim oriented offense that is a felony	808
committed on or after January 1, 1997, the judge shall require the	809
offender to submit to a DNA specimen collection procedure pursuant	810
to section 2901.07 of the Revised Code.	811

(I) If an offender is being sentenced for a sexually oriented	812
offense or a child-victim oriented offense committed on or after	813
January 1, 1997, the judge shall include in the sentence a summary	814
of the offender's duties imposed under sections 2950.04, 2950.041,	815
2950.05, and 2950.06 of the Revised Code and the duration of the	816
duties. The judge shall inform the offender, at the time of	817
sentencing, of those duties and of their duration. If required	818
under division (A)(2) of section 2950.03 of the Revised Code, the	819
judge shall perform the duties specified in that section, or, if	820
required under division (A)(6) of section 2950.03 of the Revised	821
Code, the judge shall perform the duties specified in that	822
division.	823

(J)(1) Except as provided in division (J)(2) of this section,	824
when considering sentencing factors under this section in relation	825
to an offender who is convicted of or pleads guilty to an attempt	826
to commit an offense in violation of section 2923.02 of the	827
Revised Code, the sentencing court shall consider the factors	828
applicable to the felony category of the violation of section	829
2923.02 of the Revised Code instead of the factors applicable to	830
the felony category of the offense attempted.	831

(2) When considering sentencing factors under this section in	832
relation to an offender who is convicted of or pleads guilty to an	833
attempt to commit a drug abuse offense for which the penalty is	834
determined by the amount or number of unit doses of the controlled	835
substance involved in the drug abuse offense, the sentencing court	836
shall consider the factors applicable to the felony category that	837
the drug abuse offense attempted would be if that drug abuse	838
offense had been committed and had involved an amount or number of	839
unit doses of the controlled substance that is within the next	840
lower range of controlled substance amounts than was involved in	841
the attempt.	842

(K) As used in this section, "drug abuse offense" has the	843
same meaning as in section 2925.01 of the Revised Code.	844

(L) At the time of sentencing an offender for any sexually	845
oriented offense, if the offender is a tier III sex	846
offender/child-victim offender relative to that offense and the	847
offender does not serve a prison term or jail term, the court may	848
require that the offender be monitored by means of a global	849
positioning device. If the court requires such monitoring, the	850
cost of monitoring shall be borne by the offender. If the offender	851
is indigent, the cost of compliance shall be paid by the crime	852
victims reparations fund.	853

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

854

(1)(a) Except as provided in division (A)(1)(b) of this	855
section, "eligible offender" means any person who, on or after	856
April 7, 2009, is serving a stated prison term that includes one	857
or more nonmandatory prison terms.	858

(b) "Eligible offender" does not include any person who, on	859
or after April 7, 2009, is serving a stated prison term for any of	860
the following criminal offenses that was a felony and was	861
committed while the person held a public office in this state:	862

(i) A violation of section 2921.02, 2921.03, 2921.05,	863
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	864
Code;	865

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	866
2921.12 of the Revised Code, when the conduct constituting the	867
violation was related to the duties of the offender's public	868
office or to the offender's actions as a public official holding	869
that public office;	870

(iii) A violation of an existing or former municipal	871
ordinance or law of this or any other state or the United States	872
that is substantially equivalent to any violation listed in	873
division (A)(1)(b)(i) of this section;	874

(iv) A violation of an existing or former municipal ordinance	875
or law of this or any other state or the United States that is	876
substantially equivalent to any violation listed in division	877
(A)(1)(b)(ii) of this section, when the conduct constituting the	878
violation was related to the duties of the offender's public	879
office or to the offender's actions as a public official holding	880
that public office;	881

(v) A conspiracy to commit, attempt to commit, or complicity	882
in committing any offense listed in division (A)(1)(b)(i) or	883
described in division (A)(1)(b)(iii) of this section;	884

(vi) A conspiracy to commit, attempt to commit, or complicity	885
in committing any offense listed in division (A)(1)(b)(ii) or	886
described in division (A)(1)(b)(iv) of this section, if the	887
conduct constituting the offense that was the subject of the	888
conspiracy, that would have constituted the offense attempted, or	889
constituting the offense in which the offender was complicit was	890
or would have been related to the duties of the offender's public	891
office or to the offender's actions as a public official holding	892
that public office.	893

(2) "Nonmandatory prison term" means a prison term that is	894
not a mandatory prison term.	895

(3) "Public office" means any elected federal, state, or	896
local government office in this state.	897

(4) "Victim's representative" has the same meaning as in	898
section 2930.01 of the Revised Code.	899

(B) On the motion of an eligible offender or upon its own	900
motion, the sentencing court may reduce the eligible offender's	901
aggregated nonmandatory prison term or terms through a judicial	902
release under this section.	903

(C) An eligible offender may file a motion for judicial	904
release with the sentencing court within the following applicable	905
periods:	906

(1) If the aggregated nonmandatory prison term or terms is	907
less than two years, the eligible offender may file the motion not	908
earlier than thirty days after the offender is delivered to a	909
state correctional institution or, if the prison term includes a	910
mandatory prison term or terms, not earlier than thirty days after	911
the expiration of all mandatory prison terms.	912

(2) If the aggregated nonmandatory prison term or terms is at	913
least two years but less than five years, the eligible offender	914
may file the motion not earlier than one hundred eighty days after	915
the offender is delivered to a state correctional institution or,	916
if the prison term includes a mandatory prison term or terms, not	917
earlier than one hundred eighty days after the expiration of all	918
mandatory prison terms.	919

(3) If the aggregated nonmandatory prison term or terms is	920
five years, the eligible offender may file the motion not earlier	921
than four years after the eligible offender is delivered to a	922
state correctional institution or, if the prison term includes a	923
mandatory prison term or terms, not earlier than four years after	924
the expiration of all mandatory prison terms.	925

(4) If the aggregated nonmandatory prison term or terms is	926
more than five years but not more than ten years, the eligible	927
offender may file the motion not earlier than five years after the	928
eligible offender is delivered to a state correctional institution	929
or, if the prison term includes a mandatory prison term or terms,	930
not earlier than five years after the expiration of all mandatory	931
prison terms.	932

(5) If the aggregated nonmandatory prison term or terms is	933
more than ten years, the eligible offender may file the motion not	934
earlier than the later of the date on which the offender has	935
served one-half of the offender's stated prison term or the date	936
specified in division (C)(4) of this section.	937

(D) Upon receipt of a timely motion for judicial release	938
filed by an eligible offender under division (C) of this section	939
or upon the sentencing court's own motion made within the	940
appropriate time specified in that division, the court may deny	941
the motion without a hearing or schedule a hearing on the motion.	942
The court shall not grant the motion without a hearing. If a court	943
denies a motion without a hearing, the court later may consider	944
judicial release for that eligible offender on a subsequent motion	945
filed by that eligible offender unless the court denies the motion	946
with prejudice. If a court denies a motion with prejudice, the	947
court may later consider judicial release on its own motion. If a	948
court denies a motion after a hearing, the court shall not	949
consider a subsequent motion for that eligible offender. The court	950
shall hold only one hearing for any eligible offender.	951

A hearing under this section shall be conducted in open court	952
withinnot less than thirty or more than sixty days after the	953
motion is filed, provided that the court may delay the hearing for	954
one hundred eighty additional days. If the court holds a hearing,	955
the court shall enter a ruling on the motion within ten days after	956
the hearing. If the court denies the motion without a hearing, the	957
court shall enter its ruling on the motion within sixty days after	958
the motion is filed.	959

(E) If a court schedules a hearing under division (D) of this	960
section, the court shall notify the eligible offender and the head	961
of the state correctional institution in which the eligible	962
offender is confined prior to the hearing. The head of the state	963
correctional institution immediately shall notify the appropriate	964
person at the department of rehabilitation and correction of the	965
hearing, and the department within twenty-four hours after receipt	966
of the notice, shall post on the database it maintains pursuant to	967
section 5120.66 of the Revised Code the offender's name and all of	968
the information specified in division (A)(1)(c)(i) of that	969
section. If the court schedules a hearing for judicial release,	970
the court promptly shall give notice of the hearing to the	971
prosecuting attorney of the county in which the eligible offender	972
was indicted. Upon receipt of the notice from the court, the	973
prosecuting attorney shall do whichever of the following is	974
applicable:	975

(1) Subject to division (E)(2) of this section, notify the	976
victim of the offense or the victim's representative pursuant to	977
division (B) of section 2930.16 of the Revised Code;	978

(2) If the offense was an offense of violence that is a	979
felony of the first, second, or third degree, except as otherwise	980
provided in this division, notify the victim or the victim's	981
representative of the hearing regardless of whether the victim or	982
victim's representative has requested the notification. The notice	983
of the hearing shall not be given under this division to a victim	984
or victim's representative if the victim or victim's	985
representative has requested pursuant to division (B)(2) of	986
section 2930.03 of the Revised Code that the victim or the	987
victim's representative not be provided the notice. If notice is	988
to be provided to a victim or victim's representative under this	989
division, the prosecuting attorney may give the notice by any	990
reasonable means, including regular mail, telephone, and	991
electronic mail, in accordance with division (D)(1) of section	992
2930.16 of the Revised Code. If the notice is based on an offense	993
committed prior to the effective date of this amendment, the	994
notice also shall include the opt-out information described in	995
division (D)(1) of section 2930.16 of the Revised Code. The	996
prosecuting attorney, in accordance with division (D)(2) of	997
section 2930.16 of the Revised Code, shall keep a record of all	998
attempts to provide the notice, and of all notices provided, under	999
this division. Division (E)(2) of this section, and the	1000
notice-related provisions of division (K) of this section,	1001
division (D)(1) of section 2930.16, division (H) of section	1002
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b)	1003
of section 2967.26, division (D)(1) of section 2967.28, and	1004
division (A)(2) of section 5149.101 of the Revised Code enacted in	1005
the act in which division (E)(2) of this section was enacted,	1006
shall be known as "Roberta's Law."	1007

(F) Upon an offender's successful completion of	1008
rehabilitative activities, the head of the state correctional	1009
institution may notify the sentencing court of the successful	1010
completion of the activities.	1011

(G) Prior to the date of the hearing on a motion for judicial	1012
release under this section, the head of the state correctional	1013
institution in which the eligible offender is confined shall send	1014
to the court aan institutional summary report on the eligible	1015
offender's conduct in the institution and in any institution from	1016
which the eligible offender may have been transferred. Upon the	1017
request of the prosecuting attorney of the county in which the	1018
eligible offender was indicted or of any law enforcement agency,	1019
the head of the state correctional institution, at the same time	1020
the person sends the institutional summary report to the court,	1021
also shall send a copy of the report to the requesting prosecuting	1022
attorney and law enforcement agencies. The institutional summary	1023
report shall cover the eligible offender's participation in	1024
school, vocational training, work, treatment, and other	1025
rehabilitative activities and any disciplinary action taken	1026
against the eligible offender. The report shall be made part of	1027
the record of the hearing.	1028

(H) If the court grants a hearing on a motion for judicial	1029
release under this section, the eligible offender shall attend the	1030
hearing if ordered to do so by the court. Upon receipt of a copy	1031
of the journal entry containing the order, the head of the state	1032
correctional institution in which the eligible offender is	1033
incarcerated shall deliver the eligible offender to the sheriff of	1034
the county in which the hearing is to be held. The sheriff shall	1035
convey the eligible offender to and from the hearing.	1036

(I) At the hearing on a motion for judicial release under	1037
this section, the court shall afford the eligible offender and the	1038
eligible offender's attorney an opportunity to present written	1039
and, if present, oral information relevant to the motion. The	1040
court shall afford a similar opportunity to the prosecuting	1041
attorney, the victim or the victim's representative, as defined in	1042
section 2930.01 of the Revised Code, and any other person the	1043
court determines is likely to present additional relevant	1044
information. The court shall consider any statement of a victim	1045
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	1046
any victim impact statement prepared pursuant to section 2947.051	1047
of the Revised Code, and any report made under division (G) of	1048
this section. The court may consider any written statement of any	1049
person submitted to the court pursuant to division (L) of this	1050
section. After ruling on the motion, the court shall notify the	1051
victim of the ruling in accordance with sections 2930.03 and	1052
2930.16 of the Revised Code.	1053

(J)(1) A court shall not grant a judicial release under this	1054
section to an eligible offender who is imprisoned for a felony of	1055
the first or second degree, or to an eligible offender who	1056
committed an offense under Chapter 2925. or 3719. of the Revised	1057
Code and for whom there was a presumption under section 2929.13 of	1058
the Revised Code in favor of a prison term, unless the court, with	1059
reference to factors under section 2929.12 of the Revised Code,	1060
finds both of the following:	1061

(a) That a sanction other than a prison term would adequately	1062
punish the offender and protect the public from future criminal	1063
violations by the eligible offender because the applicable factors	1064
indicating a lesser likelihood of recidivism outweigh the	1065
applicable factors indicating a greater likelihood of recidivism;	1066

(b) That a sanction other than a prison term would not demean	1067
the seriousness of the offense because factors indicating that the	1068
eligible offender's conduct in committing the offense was less	1069
serious than conduct normally constituting the offense outweigh	1070
factors indicating that the eligible offender's conduct was more	1071
serious than conduct normally constituting the offense.	1072

(2) A court that grants a judicial release to an eligible	1073
offender under division (J)(1) of this section shall specify on	1074
the record both findings required in that division and also shall	1075
list all the factors described in that division that were	1076
presented at the hearing.	1077

(K) If the court grants a motion for judicial release under	1078
this section, the court shall order the release of the eligible	1079
offender, shall place the eligible offender under an appropriate	1080
community control sanction, under appropriate conditions, and	1081
under the supervision of the department of probation serving the	1082
court and shall reserve the right to reimpose the sentence that it	1083
reduced if the offender violates the sanction. If the court	1084
reimposes the reduced sentence, it may do so either concurrently	1085
with, or consecutive to, any new sentence imposed upon the	1086
eligible offender as a result of the violation that is a new	1087
offense. The period of community control shall be no longer than	1088
five years. The court, in its discretion, may reduce the period of	1089
community control by the amount of time the eligible offender	1090
spent in jail or prison for the offense and in prison. If the	1091
court made any findings pursuant to division (J)(1) of this	1092
section, the court shall serve a copy of the findings upon counsel	1093
for the parties within fifteen days after the date on which the	1094
court grants the motion for judicial release.	1095

If the court grants a motion for judicial release, the court	1096
shall notify the appropriate person at the department of	1097
rehabilitation and correction, and the department shall post	1098
notice of the release on the database it maintains pursuant to	1099
section 5120.66 of the Revised Code. The court also shall notify	1100
the prosecuting attorney of the county in which the eligible	1101
offender was indicted that the motion has been granted. Unless the	1102
victim or the victim's representative has requested pursuant to	1103
division (B)(2) of section 2930.03 of the Revised Code that the	1104
victim or victim's representative not be provided the notice, the	1105
prosecuting attorney shall notify the victim or the victim's	1106
representative of the judicial release in any manner, and in	1107
accordance with the same procedures, pursuant to which the	1108
prosecuting attorney is authorized to provide notice of the	1109
hearing pursuant to division (E)(2) of this section. If the notice	1110
is based on an offense committed prior to the effective date of	1111
this amendment, the notice to the victim or victim's	1112
representative also shall include the opt-out information	1113
described in division (D)(1) of section 2930.16 of the Revised	1114
Code.	1115

(L) In addition to and independent of the right of a victim	1116
to make a statement pursuant to section 2930.14, 2930.17, or	1117
2946.051 of the Revised Code and any right of a person to present	1118
written information or make a statement pursuant to division (I)	1119
of this section, any person may submit to the court, at any time	1120
prior to the hearing on the offender's motion for judicial	1121
release, a written statement concerning the effects of the	1122
offender's crime or crimes, the circumstances surrounding the	1123
crime or crimes, the manner in which the crime or crimes were	1124
perpetrated, and the person's opinion as to whether the offender	1125
should be released.	1126

(M) The changes to this section that are made on the	1127
effective date of this divisionSeptember 30, 2011, apply to any	1128
judicial release decision made on or after the effective date of	1129
this divisionSeptember 30, 2011, for any eligible offender.	1130

Sec. 2930.03.  (A) A person or entity required or authorized	1131
under this chapter to give notice to a victim shall give the	1132
notice to the victim by any means reasonably calculated to provide	1133
prompt actual notice. Except when a provision requires that notice	1134
is to be given in a specific manner, a notice may be oral or	1135
written.	1136

(B)(1) Except for receipt of the initial information and	1137
notice required to be given to a victim under divisions (A) and	1138
(B) of section 2930.04, section 2930.05, and divisions (A) and (B)	1139
of section 2930.06 of the Revised Code and the notice required to	1140
be given to a victim under division (D) of section 2930.16 of the	1141
Revised Code, a victim who wishes to receive any notice authorized	1142
by this chapter shall make a request for the notice to the	1143
prosecutor or the custodial agency that is to provide the notice,	1144
as specified in this chapter. If the victim does not make a	1145
request as described in this division, the prosecutor or custodial	1146
agency is not required to provide any notice described in this	1147
chapter other than the initial information and notice required to	1148
be given to a victim under divisions (A) and (B) of section	1149
2930.04, section 2930.05, and divisions (A) and (B) of section	1150
2930.06 of the Revised Code and the notice required to be given to	1151
a victim under division (D) of section 2930.16 of the Revised	1152
Code.	1153

(2) A victim who does not wish to receive any of the notices	1154
required to be given to a victim under division (E)(2) or (K) of	1155
section 2929.20, division (D) of section 2930.16, division (H) of	1156
section 2967.12, division (E)(1)(b) of section 2967.19, division	1157
(A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28,	1158
or division (A)(2) of section 5149.101 of the Revised Code shall	1159
make a request to the prosecutor or custodial agency that is to	1160
provide the particular notice that the notice not be provided to	1161
the victim. Unless the victim makes a request as described in this	1162
division, the prosecutor or custodial agency shall provide the	1163
notices required to be given to a victim under division (E)(2) or	1164
(K) of section 2929.20, division (D) of section 2930.16, division	1165
(H) of section 2967.12, division (E)(1)(b) of section 2967.19,	1166
division (A)(3)(b) of section 2967.26, division (D)(1) of section	1167
2967.28, or division (A)(2) of section 5149.101 of the Revised	1168
Code in any manner, and in accordance with the procedures,	1169
specified in the particular division. This division also applies	1170
to a victim's representative or a member of a victim's immediate	1171
family that is authorized to receive any of the notices specified	1172
in this division.	1173

(C) A person or agency that is required to furnish notice	1174
under this chapter shall give the notice to the victim at the	1175
address or telephone number provided to the person or agency by	1176
the victim. A victim who requests to receive notice under this	1177
chapter as described in division (B) of this section shall inform	1178
the person or agency of the name, address, or telephone number of	1179
the victim and of any change to that information.	1180

(D) A person or agency that has furnished information to a	1181
victim in accordance with any requirement or authorization under	1182
this chapter shall notify the victim promptly of any significant	1183
changes to that information.	1184

(E) Divisions (A) to (D) of this section do not apply	1185
regarding a notice that a prosecutor is required to provide under	1186
section 2930.061 of the Revised Code. A prosecutor required to	1187
provide notice under that section shall provide the notice as	1188
specified in that section.	1189

Sec. 2930.06.  (A) The prosecutor in a case, to the extent	1190
practicable, shall confer with the victim in the case before	1191
pretrial diversion is granted to the defendant or alleged juvenile	1192
offender in the case, before amending or dismissing an indictment,	1193
information, or complaint against that defendant or alleged	1194
juvenile offender, before agreeing to a negotiated plea for that	1195
defendant or alleged juvenile offender, before a trial of that	1196
defendant by judge or jury, or before the juvenile court conducts	1197
an adjudicatory hearing for that alleged juvenile offender. If the	1198
juvenile court disposes of a case prior to the prosecutor's	1199
involvement in the case, the court or a court employee shall	1200
notify the victim in the case that the alleged juvenile offender	1201
will be granted pretrial diversion, the complaint against that	1202
alleged juvenile offender will be amended or dismissed, or the	1203
court will conduct an adjudicatory hearing for that alleged	1204
juvenile offender. If the prosecutor fails to confer with the	1205
victim at any of those times, the court, if informed of the	1206
failure, shall note on the record the failure and the prosecutor's	1207
reasons for the failure. A prosecutor's failure to confer with a	1208
victim as required by this division and a court's failure to	1209
provide the notice as required by this division do not affect the	1210
validity of an agreement between the prosecutor and the defendant	1211
or alleged juvenile offender in the case, a pretrial diversion of	1212
the defendant or alleged juvenile offender, an amendment or	1213
dismissal of an indictment, information, or complaint filed	1214
against the defendant or alleged juvenile offender, a plea entered	1215
by the defendant or alleged juvenile defender, an admission	1216
entered by the defendant or alleged juvenile offender, or any	1217
other disposition in the case. A court shall not dismiss a	1218
criminal complaint, charge, information, or indictment or a	1219
delinquent child complaint solely at the request of the victim and	1220
over the objection of the prosecuting attorney, village solicitor,	1221
city director of law, or other chief legal officer responsible for	1222
the prosecution of the case.	1223

(B) After a prosecution in a case has been commenced, the	1224
prosecutor or a designee of the prosecutor other than a court or	1225
court employee, to the extent practicable, promptly shall give the	1226
victim all of the following information, except that, if the	1227
juvenile court disposes of a case prior to the prosecutor's	1228
involvement in the case, the court or a court employee, to the	1229
extent practicable, promptly shall give the victim all of the	1230
following information:	1231

(1) The name of the crime or specified delinquent act with	1232
which the defendant or alleged juvenile offender in the case has	1233
been charged and the name of the defendant or alleged juvenile	1234
offender;	1235

(2) The file number of the case;

1236

(3) A brief statement regarding the procedural steps in a	1237
criminal prosecution or delinquency proceeding involving a crime	1238
or specified delinquent act similar to the crime or specified	1239
delinquent act with which the defendant or alleged juvenile	1240
offender has been charged and the right of the victim to be	1241
present during all proceedings held throughout the prosecution of	1242
the case;	1243

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

1244

(5) Procedures the victim or the prosecutor may follow if the	1245
victim becomes subject to threats or intimidation by the	1246
defendant, alleged juvenile offender, or any other person;	1247

(6) The name and business telephone number of a person to	1248
contact for further information with respect to the case;	1249

(7) The right of the victim to have a victim's representative	1250
exercise the victim's rights under this chapter in accordance with	1251
section 2930.02 of the Revised Code and the procedure by which a	1252
victim's representative may be designated;	1253

(8) Notice that any notification under division (C) of this	1254
section, sections 2930.07 to 2930.15, division (A), (B), or (C) of	1255
section 2930.16, sections 2930.17 to 2930.19, and section 5139.56	1256
of the Revised Code will be given to the victim only if the victim	1257
asks to receive the notification and that notice under division	1258
(E)(2) or (K) of section 2929.20, division (D) of section 2930.16,	1259
division (H) of section 2967.12, division (E)(1)(b) of section	1260
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	1261
section 2967.28, or division (A)(2) of section 5149.101 of the	1262
Revised Code will be given unless the victim asks that the	1263
notification not be provided.	1264

(C) Upon the request of the victim, the prosecutor or, if it	1265
is a delinquency proceeding and a prosecutor is not involved in	1266
the case, the court shall give the victim notice of the date,	1267
time, and place of any scheduled criminal or juvenile proceedings	1268
in the case and notice of any changes in those proceedings or in	1269
the schedule in the case.	1270

(D) A victim who requests notice under division (C) of this	1271
section and who elects pursuant to division (B) of section 2930.03	1272
of the Revised Code to receive any further notice from the	1273
prosecutor or, if it is a delinquency proceeding and a prosecutor	1274
is not involved in the case, the court under this chapter shall	1275
keep the prosecutor or the court informed of the victim's current	1276
address and telephone number until the case is dismissed or	1277
terminated, the defendant is acquitted or sentenced, the	1278
delinquent child complaint is dismissed, the defendant is	1279
adjudicated a delinquent child, or the appellate process is	1280
completed, whichever is the final disposition in the case.	1281

(E) If a defendant is charged with the commission of a	1282
misdemeanor offense that is not identified in division (A)(2) of	1283
section 2930.01 of the Revised Code and if a police report or a	1284
complaint, indictment, or information that charges the commission	1285
of that offense and provides the basis for a criminal prosecution	1286
of that defendant identifies one or more individuals as	1287
individuals against whom that offense was committed, after a	1288
prosecution in the case has been commenced, the prosecutor or a	1289
designee of the prosecutor other than a court or court employee,	1290
to the extent practicable, promptly shall notify each of the	1291
individuals so identified in the report, complaint, indictment, or	1292
information that, if the defendant is convicted of or pleads	1293
guilty to the offense, the individual may make an oral or written	1294
statement to the court hearing the case regarding the sentence to	1295
be imposed upon the defendant and that the court must consider any	1296
statement so made that is relevant. Before imposing sentence in	1297
the case, the court shall permit the individuals so identified in	1298
the report, complaint, indictment, or information to make an oral	1299
or written statement. Division (A) of section 2930.14 of the	1300
Revised Code applies regarding any statement so made. The court	1301
shall consider a statement so made, in accordance with division	1302
(B) of that section and division (D) of section 2929.22 of the	1303
Revised Code.	1304

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	1305
in a case who has requested to receive notice under this section	1306
shall be given notice of the incarceration of the defendant. If an	1307
alleged juvenile offender is committed to the temporary custody of	1308
a school, camp, institution, or other facility operated for the	1309
care of delinquent children or to the legal custody of the	1310
department of youth services, a victim in a case who has requested	1311
to receive notice under this section shall be given notice of the	1312
commitment. Promptly after sentence is imposed upon the defendant	1313
or the commitment of the alleged juvenile offender is ordered, the	1314
prosecutor in the case shall notify the victim of the date on	1315
which the defendant will be released from confinement or the	1316
prosecutor's reasonable estimate of that date or the date on which	1317
the alleged juvenile offender will have served the minimum period	1318
of commitment or the prosecutor's reasonable estimate of that	1319
date. The prosecutor also shall notify the victim of the name of	1320
the custodial agency of the defendant or alleged juvenile offender	1321
and tell the victim how to contact that custodial agency. If the	1322
custodial agency is the department of rehabilitation and	1323
correction, the prosecutor shall notify the victim of the services	1324
offered by the office of victims' services pursuant to section	1325
5120.60 of the Revised Code. If the custodial agency is the	1326
department of youth services, the prosecutor shall notify the	1327
victim of the services provided by the office of victims' services	1328
within the release authority of the department pursuant to section	1329
5139.55 of the Revised Code and the victim's right pursuant to	1330
section 5139.56 of the Revised Code to submit a written request to	1331
the release authority to be notified of actions the release	1332
authority takes with respect to the alleged juvenile offender. The	1333
victim shall keep the custodial agency informed of the victim's	1334
current address and telephone number.	1335

(B)(1) Upon the victim's request or in accordance with	1336
division (D) of this section, the prosecutor promptly shall notify	1337
the victim of any hearing for judicial release of the defendant	1338
pursuant to section 2929.20 of the Revised Code, of any hearing	1339
for release of the defendant pursuant to section 2967.19 of the	1340
Revised Code, or of any hearing for judicial release or early	1341
release of the alleged juvenile offender pursuant to section	1342
2151.38 of the Revised Code and of the victim's right to make a	1343
statement under those sections. The court shall notify the victim	1344
of its ruling in each of those hearings and on each of those	1345
applications.	1346

(2) If an offender is sentenced to a prison term pursuant to	1347
division (A)(3) or (B) of section 2971.03 of the Revised Code,	1348
upon the request of the victim of the crime or in accordance with	1349
division (D) of this section, the prosecutor promptly shall notify	1350
the victim of any hearing to be conducted pursuant to section	1351
2971.05 of the Revised Code to determine whether to modify the	1352
requirement that the offender serve the entire prison term in a	1353
state correctional facility in accordance with division (C) of	1354
that section, whether to continue, revise, or revoke any existing	1355
modification of that requirement, or whether to terminate the	1356
prison term in accordance with division (D) of that section. The	1357
court shall notify the victim of any order issued at the	1358
conclusion of the hearing.	1359

(C) Upon the victim's request made at any time before the	1360
particular notice would be due or in accordance with division (D)	1361
of this section, the custodial agency of a defendant or alleged	1362
juvenile offender shall give the victim any of the following	1363
notices that is applicable:	1364

(1) At least three weekssixty days before the adult parole	1365
authority recommends a pardon or commutation of sentence for the	1366
defendant or at least three weekssixty days prior to a hearing	1367
before the adult parole authority regarding a grant of parole to	1368
the defendant, notice of the victim's right to submit a statement	1369
regarding the impact of the defendant's release in accordance with	1370
section 2967.12 of the Revised Code and, if applicable, of the	1371
victim's right to appear at a full board hearing of the parole	1372
board to give testimony as authorized by section 5149.101 of the	1373
Revised Code;	1374

(2) At least three weekssixty days before the defendant is	1375
transferred to transitional control under section 2967.26 of the	1376
Revised Code, notice of the pendency of the transfer and of the	1377
victim's right under that section to submit a statement regarding	1378
the impact of the transfer;	1379

(3) At least thirtysixty days before the release authority	1380
of the department of youth services holds a release review,	1381
release hearing, or discharge review for the alleged juvenile	1382
offender, notice of the pendency of the review or hearing, of the	1383
victim's right to make an oral or written statement regarding the	1384
impact of the crime upon the victim or regarding the possible	1385
release or discharge, and, if the notice pertains to a hearing, of	1386
the victim's right to attend and make statements or comments at	1387
the hearing as authorized by section 5139.56 of the Revised Code;	1388

(4) Prompt notice of the defendant's or alleged juvenile	1389
offender's escape from a facility of the custodial agency in which	1390
the defendant was incarcerated or in which the alleged juvenile	1391
offender was placed after commitment, of the defendant's or	1392
alleged juvenile offender's absence without leave from a mental	1393
health or mental retardation and developmental disabilities	1394
facility or from other custody, and of the capture of the	1395
defendant or alleged juvenile offender after an escape or absence;	1396

(5) Notice of the defendant's or alleged juvenile offender's	1397
death while in confinement or custody;	1398

(6) Notice of the filing of a petition by the director of	1399
rehabilitation and correction pursuant to section 2967.19 of the	1400
Revised Code requesting the early release under that section of	1401
the defendant;	1402

(7) Notice of the defendant's or alleged juvenile offender's	1403
release from confinement or custody and the terms and conditions	1404
of the release.	1405

(D)(1) If a defendant is incarcerated for the commission of	1406
aggravated murder, murder, or an offense of violence that is a	1407
felony of the first, second, or third degree or is under a	1408
sentence of life imprisonment or if an alleged juvenile offender	1409
has been charged with the commission of an act that would be	1410
aggravated murder, murder, or an offense of violence that is a	1411
felony of the first, second, or third degree or be subject to a	1412
sentence of life imprisonment if committed by an adult, except as	1413
otherwise provided in this division, the notices described in	1414
divisions (B) and (C) of this section shall be given regardless of	1415
whether the victim has requested the notification. The notices	1416
described in divisions (B) and (C) of this section shall not be	1417
given under this division to a victim if the victim has requested	1418
pursuant to division (B)(2) of section 2930.03 of the Revised Code	1419
that the victim not be provided the notice. Regardless of whether	1420
the victim has requested that the notices described in division	1421
(C) of this section be provided or not be provided, the custodial	1422
agency shall give notice similar to those notices to the	1423
prosecutor in the case, to the sentencing court, to the law	1424
enforcement agency that arrested the defendant or alleged juvenile	1425
offender if any officer of that agency was a victim of the	1426
offense, and to any member of the victim's immediate family who	1427
requests notification. If the notice given under this division to	1428
the victim is based on an offense committed prior to the effective	1429
date of this amendment and if the prosecutor or custodial agency	1430
has not previously successfully provided any notice to the victim	1431
under this division or division (B) or (C) of this section with	1432
respect to that offense and the offender who committed it, the	1433
notice also shall inform the victim that the victim may request	1434
that the victim not be provided any further notices with respect	1435
to that offense and the offender who committed it and shall	1436
describe the procedure for making that request. If the notice	1437
given under this division to the victim pertains to a hearing	1438
regarding a grant of a parole to the defendant, the notice also	1439
shall inform the victim that the victim, a member of the victim's	1440
immediate family, or the victim's representative may request a	1441
victim conference, as described in division (E) of this section,	1442
and shall provide an explanation of a victim conference.	1443

The prosecutor or custodial agency may give the notices to	1444
which this division applies by any reasonable means, including	1445
regular mail, telephone, and electronic mail. If the prosecutor or	1446
custodial agency attempts to provide notice to a victim under this	1447
division but the attempt is unsuccessful because the prosecutor or	1448
custodial agency is unable to locate the victim, is unable to	1449
provide the notice by its chosen method because it cannot	1450
determine the mailing address, telephone number, or electronic	1451
mail address at which to provide the notice, or, if the notice is	1452
sent by mail, the notice is returned, the prosecutor or custodial	1453
agency shall make another attempt to provide the notice to the	1454
victim. If the second attempt is unsuccessful, the prosecutor or	1455
custodial agency shall make at least one more attempt to provide	1456
the notice. If the notice is based on an offense committed prior	1457
to the effective date of this amendment, in each attempt to	1458
provide the notice to the victim, the notice shall include the	1459
opt-out information described in the preceding paragraph. The	1460
prosecutor or custodial agency, in accordance with division (D)(2)	1461
of this section, shall keep a record of all attempts to provide	1462
the notice, and of all notices provided, under this division.	1463

Division (D)(1) of this section, and the notice-related	1464
provisions of divisions (E)(2) and (K) of section 2929.20,	1465
division (H) of section 2967.12, division (E)(1)(b) of section	1466
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	1467
section 2967.28, and division (A)(2) of section 5149.101 of the	1468
Revised Code enacted in the act in which division (D)(1) of this	1469
section was enacted, shall be known as "Roberta's Law."	1470

(2) Each prosecutor and custodial agency that attempts to	1471
give any notice to which division (D)(1) of this section applies	1472
shall keep a record of all attempts to give the notice. The record	1473
shall indicate the person who was to be the recipient of the	1474
notice, the date on which the attempt was made, the manner in	1475
which the attempt was made, and the person who made the attempt.	1476
If the attempt is successful and the notice is given, the record	1477
shall indicate that fact. The record shall be kept in a manner	1478
that allows public inspection of attempts and notices given to	1479
persons other than victims without revealing the names, addresses,	1480
or other identifying information relating to victims. The record	1481
of attempts and notices given to victims is not a public record,	1482
but the prosecutor or custodial agency shall provide upon request	1483
a copy of that record to a prosecuting attorney, judge, law	1484
enforcement agency, or member of the general assembly. The record	1485
of attempts and notices given to persons other than victims is a	1486
public record. A record kept under this division may be indexed by	1487
offender name, or in any other manner determined by the prosecutor	1488
or the custodial agency. Each prosecutor or custodial agency that	1489
is required to keep a record under this division shall determine	1490
the procedures for keeping the record and the manner in which it	1491
is to be kept, subject to the requirements of this division.	1492

(E) The adult parole authority shall adopt rules under	1493
Chapter 119. of the Revised Code providing for a victim	1494
conference, upon request of the victim, a member of the victim's	1495
immediate family, or the victim's representative, prior to a	1496
parole hearing in the case of a prisoner who is incarcerated for	1497
the commission of aggravated murder, murder, or an offense of	1498
violence that is a felony of the first, second, or third degree or	1499
is under a sentence of life imprisonment. The rules shall provide	1500
for, but not be limited to, all of the following:	1501

(1) Subject to division (E)(3) of this section, attendance by	1502
the victim, members of the victim's immediate family, the victim's	1503
representative, and, if practicable, other individuals;	1504

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

1505

(3) A specification of the number of persons specified in	1506
division (E)(1) of this section who may be present at any single	1507
victim conference, if limited by the department pursuant to	1508
division (F) of this section.	1509

(F) The department may limit the number of persons specified	1510
in division (E)(1) of this section who may be present at any	1511
single victim conference, provided that the department shall not	1512
limit the number of persons who may be present at any single	1513
conference to fewer than three. If the department limits the	1514
number of persons who may be present at any single victim	1515
conference, the department shall permit and schedule, upon request	1516
of the victim, a member of the victim's immediate family, or the	1517
victim's representative, multiple victim conferences for the	1518
persons specified in division (E)(1) of this section.	1519

(G) As used in this section, "victim's immediate family" has	1520
the same meaning as in section 2967.12 of the Revised Code.	1521

Sec. 2950.01. As used in this chapter, unless the context	1522
clearly requires otherwise:	1523

(A) "Sexually oriented offense" means any of the following	1524
violations or offenses committed by a person, regardless of the	1525
person's age:	1526

(1) A violation of section 2907.02, 2907.03, 2907.05,	1527
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1528
2907.322, or 2907.323 of the Revised Code;	1529

(2) A violation of section 2907.04 of the Revised Code when	1530
the offender is less than four years older than the other person	1531
with whom the offender engaged in sexual conduct, the other person	1532
did not consent to the sexual conduct, and the offender previously	1533
has not been convicted of or pleaded guilty to a violation of	1534
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1535
violation of former section 2907.12 of the Revised Code;	1536

(3) A violation of section 2907.04 of the Revised Code when	1537
the offender is at least four years older than the other person	1538
with whom the offender engaged in sexual conduct or when the	1539
offender is less than four years older than the other person with	1540
whom the offender engaged in sexual conduct and the offender	1541
previously has been convicted of or pleaded guilty to a violation	1542
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1543
violation of former section 2907.12 of the Revised Code;	1544

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1545
the Revised Code when the violation was committed with a sexual	1546
motivation;	1547

(5) A violation of division (A) of section 2903.04 of the	1548
Revised Code when the offender committed or attempted to commit	1549
the felony that is the basis of the violation with a sexual	1550
motivation;	1551

(6) A violation of division (A)(3) of section 2903.211 of the	1552
Revised Code;	1553

(7) A violation of division (A)(1), (2), (3), or (5) of	1554
section 2905.01 of the Revised Code when the offense is committed	1555
with a sexual motivation;	1556

(8) A violation of division (A)(4) of section 2905.01 of the	1557
Revised Code;	1558

(9) A violation of division (B) of section 2905.01 of the	1559
Revised Code when the victim of the offense is under eighteen	1560
years of age and the offender is not a parent of the victim of the	1561
offense;	1562

(10) A violation of division (B) of section 2903.03, of	1563
division (B) of section 2905.02, of division (B) of section	1564
2905.03, of division (B) of section 2905.05, or of division (B)(5)	1565
of section 2919.22 of the Revised Code;	1566

(11) A violation of section 2905.32 of the Revised Code when	1567
the offender knowingly recruited, lured, enticed, isolated,	1568
harbored, transported, provided, obtained, or maintained, or	1569
knowingly attempted to recruit, lure, entice, isolate, harbor,	1570
transport, provide, obtain, or maintain, another person knowing	1571
that the person would be compelled to engage in sexual activity	1572
for hire, engage in a performance that was obscene, sexually	1573
oriented, or nudity oriented, or be a model or participant in the	1574
production of material that was obscene, sexually oriented, or	1575
nudity oriented;	1576

(12) A violation of any former law of this state, any	1577
existing or former municipal ordinance or law of another state or	1578
the United States, any existing or former law applicable in a	1579
military court or in an Indian tribal court, or any existing or	1580
former law of any nation other than the United States that is or	1581
was substantially equivalent to any offense listed in division	1582
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	1583
this section;	1584

(13) Any attempt to commit, conspiracy to commit, or	1585
complicity in committing any offense listed in division (A)(1),	1586
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of	1587
this section.	1588

(B)(1) "Sex offender" means, subject to division (B)(2) of	1589
this section, a person who is convicted of, pleads guilty to, has	1590
been convicted of, has pleaded guilty to, is adjudicated a	1591
delinquent child for committing, or has been adjudicated a	1592
delinquent child for committing any sexually oriented offense.	1593

(2) "Sex offender" does not include a person who is convicted	1594
of, pleads guilty to, has been convicted of, has pleaded guilty	1595
to, is adjudicated a delinquent child for committing, or has been	1596
adjudicated a delinquent child for committing a sexually oriented	1597
offense if the offense involves consensual sexual conduct or	1598
consensual sexual contact and either of the following applies:	1599

(a) The victim of the sexually oriented offense was eighteen	1600
years of age or older and at the time of the sexually oriented	1601
offense was not under the custodial authority of the person who is	1602
convicted of, pleads guilty to, has been convicted of, has pleaded	1603
guilty to, is adjudicated a delinquent child for committing, or	1604
has been adjudicated a delinquent child for committing the	1605
sexually oriented offense.	1606

(b) The victim of the offense was thirteen years of age or	1607
older, and the person who is convicted of, pleads guilty to, has	1608
been convicted of, has pleaded guilty to, is adjudicated a	1609
delinquent child for committing, or has been adjudicated a	1610
delinquent child for committing the sexually oriented offense is	1611
not more than four years older than the victim.	1612

(C) "Child-victim oriented offense" means any of the	1613
following violations or offenses committed by a person, regardless	1614
of the person's age, when the victim is under eighteen years of	1615
age and is not a child of the person who commits the violation:	1616

(1) A violation of division (A)(1), (2), (3), or (5) of	1617
section 2905.01 of the Revised Code when the violation is not	1618
included in division (A)(7) of this section;	1619

(2) A violation of division (A) of section 2905.02, division	1620
(A) of section 2905.03, or division (A) of section 2905.05 of the	1621
Revised Code;	1622

(3) A violation of any former law of this state, any existing	1623
or former municipal ordinance or law of another state or the	1624
United States, any existing or former law applicable in a military	1625
court or in an Indian tribal court, or any existing or former law	1626
of any nation other than the United States that is or was	1627
substantially equivalent to any offense listed in division (C)(1)	1628
or (2) of this section;	1629

(4) Any attempt to commit, conspiracy to commit, or	1630
complicity in committing any offense listed in division (C)(1),	1631
(2), or (3) of this section.	1632

(D) "Child-victim offender" means a person who is convicted	1633
of, pleads guilty to, has been convicted of, has pleaded guilty	1634
to, is adjudicated a delinquent child for committing, or has been	1635
adjudicated a delinquent child for committing any child-victim	1636
oriented offense.	1637

(E) "Tier I sex offender/child-victim offender" means any of	1638
the following:	1639

(1) A sex offender who is convicted of, pleads guilty to, has	1640
been convicted of, or has pleaded guilty to any of the following	1641
sexually oriented offenses:	1642

(a) A violation of section 2907.06, 2907.07, 2907.08,	1643
2907.22, or 2907.32 of the Revised Code;	1644

(b) A violation of section 2907.04 of the Revised Code when	1645
the offender is less than four years older than the other person	1646
with whom the offender engaged in sexual conduct, the other person	1647
did not consent to the sexual conduct, and the offender previously	1648
has not been convicted of or pleaded guilty to a violation of	1649
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1650
violation of former section 2907.12 of the Revised Code;	1651

(c) A violation of division (A)(1), (2), (3), or (5) of	1652
section 2907.05 of the Revised Code;	1653

(d) A violation of division (A)(3) of section 2907.323 of the	1654
Revised Code;	1655

(e) A violation of division (A)(3) of section 2903.211, of	1656
division (B) of section 2905.03, or of division (B) of section	1657
2905.05 of the Revised Code;	1658

(f) A violation of any former law of this state, any existing	1659
or former municipal ordinance or law of another state or the	1660
United States, any existing or former law applicable in a military	1661
court or in an Indian tribal court, or any existing or former law	1662
of any nation other than the United States, that is or was	1663
substantially equivalent to any offense listed in division	1664
(E)(1)(a), (b), (c), (d), or (e) of this section;	1665

(g) Any attempt to commit, conspiracy to commit, or	1666
complicity in committing any offense listed in division (E)(1)(a),	1667
(b), (c), (d), (e), or (f) of this section.	1668

(2) A child-victim offender who is convicted of, pleads	1669
guilty to, has been convicted of, or has pleaded guilty to a	1670
child-victim oriented offense and who is not within either	1671
category of child-victim offender described in division (F)(2) or	1672
(G)(2) of this section.	1673

(3) A sex offender who is adjudicated a delinquent child for	1674
committing or has been adjudicated a delinquent child for	1675
committing any sexually oriented offense and who a juvenile court,	1676
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1677
Revised Code, classifies a tier I sex offender/child-victim	1678
offender relative to the offense.	1679

(4) A child-victim offender who is adjudicated a delinquent	1680
child for committing or has been adjudicated a delinquent child	1681
for committing any child-victim oriented offense and who a	1682
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1683
2152.85 of the Revised Code, classifies a tier I sex	1684
offender/child-victim offender relative to the offense.	1685

(F) "Tier II sex offender/child-victim offender" means any of	1686
the following:	1687

(1) A sex offender who is convicted of, pleads guilty to, has	1688
been convicted of, or has pleaded guilty to any of the following	1689
sexually oriented offenses:	1690

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	1691
the Revised Code;	1692

(b) A violation of section 2907.04 of the Revised Code when	1693
the offender is at least four years older than the other person	1694
with whom the offender engaged in sexual conduct, or when the	1695
offender is less than four years older than the other person with	1696
whom the offender engaged in sexual conduct and the offender	1697
previously has been convicted of or pleaded guilty to a violation	1698
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1699
former section 2907.12 of the Revised Code;	1700

(c) A violation of division (A)(4) of section 2907.05 or of	1701
division (A)(1) or (2) of section 2907.323 of the Revised Code;	1702

(d) A violation of division (A)(1), (2), (3), or (5) of	1703
section 2905.01 of the Revised Code when the offense is committed	1704
with a sexual motivation;	1705

(e) A violation of division (A)(4) of section 2905.01 of the	1706
Revised Code when the victim of the offense is eighteen years of	1707
age or older;	1708

(f) A violation of division (B) of section 2905.02 or of	1709
division (B)(5) of section 2919.22 of the Revised Code;	1710

(g) A violation of section 2905.32 of the Revised Code when	1711
the offender knowingly recruited, lured, enticed, isolated,	1712
harbored, transported, provided, obtained, or maintained, or	1713
knowingly attempted to recruit, lure, entice, isolate, harbor,	1714
transport, provide, obtain, or maintain, another person knowing	1715
that the person would be compelled to engage in sexual activity	1716
for hire, engage in a performance that was obscene, sexually	1717
oriented, or nudity oriented, or be a model or participant in the	1718
production of material that was obscene, sexually oriented, or	1719
nudity oriented;	1720

(h) A violation of any former law of this state, any existing	1721
or former municipal ordinance or law of another state or the	1722
United States, any existing or former law applicable in a military	1723
court or in an Indian tribal court, or any existing or former law	1724
of any nation other than the United States that is or was	1725
substantially equivalent to any offense listed in division	1726
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	1727

(i) Any attempt to commit, conspiracy to commit, or	1728
complicity in committing any offense listed in division (F)(1)(a),	1729
(b), (c), (d), (e), (f), (g), or (h) of this section;	1730

(j) Any sexually oriented offense that is committed after the	1731
sex offender previously has been convicted of, pleaded guilty to,	1732
or has been adjudicated a delinquent child for committing any	1733
sexually oriented offense or child-victim oriented offense for	1734
which the offender was classified a tier I sex	1735
offender/child-victim offender.	1736

(2) A child-victim offender who is convicted of, pleads	1737
guilty to, has been convicted of, or has pleaded guilty to any	1738
child-victim oriented offense when the child-victim oriented	1739
offense is committed after the child-victim offender previously	1740
has been convicted of, pleaded guilty to, or been adjudicated a	1741
delinquent child for committing any sexually oriented offense or	1742
child-victim oriented offense for which the offender was	1743
classified a tier I sex offender/child-victim offender.	1744

(3) A sex offender who is adjudicated a delinquent child for	1745
committing or has been adjudicated a delinquent child for	1746
committing any sexually oriented offense and who a juvenile court,	1747
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1748
Revised Code, classifies a tier II sex offender/child-victim	1749
offender relative to the offense.	1750

(4) A child-victim offender who is adjudicated a delinquent	1751
child for committing or has been adjudicated a delinquent child	1752
for committing any child-victim oriented offense and whom a	1753
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1754
2152.85 of the Revised Code, classifies a tier II sex	1755
offender/child-victim offender relative to the current offense.	1756

(5) A sex offender or child-victim offender who is not in any	1757
category of tier II sex offender/child-victim offender set forth	1758
in division (F)(1), (2), (3), or (4) of this section, who prior to	1759
January 1, 2008, was adjudicated a delinquent child for committing	1760
a sexually oriented offense or child-victim oriented offense, and	1761
who prior to that date was determined to be a habitual sex	1762
offender or determined to be a habitual child-victim offender,	1763
unless either of the following applies:	1764

(a) The sex offender or child-victim offender is reclassified	1765
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1766
tier I sex offender/child-victim offender or a tier III sex	1767
offender/child-victim offender relative to the offense.	1768

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	1769
2152.84, or 2152.85 of the Revised Code, classifies the child a	1770
tier I sex offender/child-victim offender or a tier III sex	1771
offender/child-victim offender relative to the offense.	1772

(G) "Tier III sex offender/child-victim offender" means any	1773
of the following:	1774

(1) A sex offender who is convicted of, pleads guilty to, has	1775
been convicted of, or has pleaded guilty to any of the following	1776
sexually oriented offenses:	1777

(a) A violation of section 2907.02 or 2907.03 of the Revised	1778
Code;	1779

(b) A violation of division (B) of section 2907.05 of the	1780
Revised Code;	1781

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	1782
the Revised Code when the violation was committed with a sexual	1783
motivation;	1784

(d) A violation of division (A) of section 2903.04 of the	1785
Revised Code when the offender committed or attempted to commit	1786
the felony that is the basis of the violation with a sexual	1787
motivation;	1788

(e) A violation of division (A)(4) of section 2905.01 of the	1789
Revised Code when the victim of the offense is under eighteen	1790
years of age;	1791

(f) A violation of division (B) of section 2905.01 of the	1792
Revised Code when the victim of the offense is under eighteen	1793
years of age and the offender is not a parent of the victim of the	1794
offense;	1795

(g) A violation of division (B) of section 2903.03 of the	1796
Revised Code;	1797

(h) A violation of any former law of this state, any existing	1798
or former municipal ordinance or law of another state or the	1799
United States, any existing or former law applicable in a military	1800
court or in an Indian tribal court, or any existing or former law	1801
of any nation other than the United States that is or was	1802
substantially equivalent to any offense listed in division	1803
(G)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;	1804

(h)(i) Any attempt to commit, conspiracy to commit, or	1805
complicity in committing any offense listed in division (G)(1)(a),	1806
(b), (c), (d), (e), (f), or (g), or (h) of this section;	1807

(i)(j) Any sexually oriented offense that is committed after	1808
the sex offender previously has been convicted of, pleaded guilty	1809
to, or been adjudicated a delinquent child for committing any	1810
sexually oriented offense or child-victim oriented offense for	1811
which the offender was classified a tier II sex	1812
offender/child-victim offender or a tier III sex	1813
offender/child-victim offender.	1814

(2) A child-victim offender who is convicted of, pleads	1815
guilty to, has been convicted of, or has pleaded guilty to any	1816
child-victim oriented offense when the child-victim oriented	1817
offense is committed after the child-victim offender previously	1818
has been convicted of, pleaded guilty to, or been adjudicated a	1819
delinquent child for committing any sexually oriented offense or	1820
child-victim oriented offense for which the offender was	1821
classified a tier II sex offender/child-victim offender or a tier	1822
III sex offender/child-victim offender.	1823

(3) A sex offender who is adjudicated a delinquent child for	1824
committing or has been adjudicated a delinquent child for	1825
committing any sexually oriented offense and who a juvenile court,	1826
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1827
Revised Code, classifies a tier III sex offender/child-victim	1828
offender relative to the offense.	1829

(4) A child-victim offender who is adjudicated a delinquent	1830
child for committing or has been adjudicated a delinquent child	1831
for committing any child-victim oriented offense and whom a	1832
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1833
2152.85 of the Revised Code, classifies a tier III sex	1834
offender/child-victim offender relative to the current offense.	1835

(5) A sex offender or child-victim offender who is not in any	1836
category of tier III sex offender/child-victim offender set forth	1837
in division (G)(1), (2), (3), or (4) of this section, who prior to	1838
January 1, 2008, was convicted of or pleaded guilty to a sexually	1839
oriented offense or child-victim oriented offense or was	1840
adjudicated a delinquent child for committing a sexually oriented	1841
offense or child-victim oriented offense and classified a juvenile	1842
offender registrant, and who prior to that date was adjudicated a	1843
sexual predator or adjudicated a child-victim predator, unless	1844
either of the following applies:	1845

(a) The sex offender or child-victim offender is reclassified	1846
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1847
tier I sex offender/child-victim offender or a tier II sex	1848
offender/child-victim offender relative to the offense.	1849

(b) The sex offender or child-victim offender is a delinquent	1850
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	1851
2152.84, or 2152.85 of the Revised Code, classifies the child a	1852
tier I sex offender/child-victim offender or a tier II sex	1853
offender/child-victim offender relative to the offense.	1854

(6) A sex offender who is convicted of, pleads guilty to, was	1855
convicted of, or pleaded guilty to a sexually oriented offense, if	1856
the sexually oriented offense and the circumstances in which it	1857
was committed are such that division (F) of section 2971.03 of the	1858
Revised Code automatically classifies the offender as a tier III	1859
sex offender/child-victim offender;	1860

(7) A sex offender or child-victim offender who is convicted	1861
of, pleads guilty to, was convicted of, pleaded guilty to, is	1862
adjudicated a delinquent child for committing, or was adjudicated	1863
a delinquent child for committing a sexually oriented offense or	1864
child-victim offense in another state, in a federal court,	1865
military court, or Indian tribal court, or in a court in any	1866
nation other than the United States if both of the following	1867
apply:	1868

(a) Under the law of the jurisdiction in which the offender	1869
was convicted or pleaded guilty or the delinquent child was	1870
adjudicated, the offender or delinquent child is in a category	1871
substantially equivalent to a category of tier III sex	1872
offender/child-victim offender described in division (G)(1), (2),	1873
(3), (4), (5), or (6) of this section.	1874

(b) Subsequent to the conviction, plea of guilty, or	1875
adjudication in the other jurisdiction, the offender or delinquent	1876
child resides, has temporary domicile, attends school or an	1877
institution of higher education, is employed, or intends to reside	1878
in this state in any manner and for any period of time that	1879
subjects the offender or delinquent child to a duty to register or	1880
provide notice of intent to reside under section 2950.04 or	1881
2950.041 of the Revised Code.	1882

(H) "Confinement" includes, but is not limited to, a	1883
community residential sanction imposed pursuant to section 2929.16	1884
or 2929.26 of the Revised Code.	1885

(I) "Prosecutor" has the same meaning as in section 2935.01	1886
of the Revised Code.	1887

(J) "Supervised release" means a release of an offender from	1888
a prison term, a term of imprisonment, or another type of	1889
confinement that satisfies either of the following conditions:	1890

(1) The release is on parole, a conditional pardon, under a	1891
community control sanction, under transitional control, or under a	1892
post-release control sanction, and it requires the person to	1893
report to or be supervised by a parole officer, probation officer,	1894
field officer, or another type of supervising officer.	1895

(2) The release is any type of release that is not described	1896
in division (J)(1) of this section and that requires the person to	1897
report to or be supervised by a probation officer, a parole	1898
officer, a field officer, or another type of supervising officer.	1899

(K) "Sexually violent predator specification," "sexually	1900
violent predator," "sexually violent offense," "sexual motivation	1901
specification," "designated homicide, assault, or kidnapping	1902
offense," and "violent sex offense" have the same meanings as in	1903
section 2971.01 of the Revised Code.	1904

(L) "Post-release control sanction" and "transitional	1905
control" have the same meanings as in section 2967.01 of the	1906
Revised Code.	1907

(M) "Juvenile offender registrant" means a person who is	1908
adjudicated a delinquent child for committing on or after January	1909
1, 2002, a sexually oriented offense or a child-victim oriented	1910
offense, who is fourteen years of age or older at the time of	1911
committing the offense, and who a juvenile court judge, pursuant	1912
to an order issued under section 2152.82, 2152.83, 2152.84,	1913
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	1914
offender registrant and specifies has a duty to comply with	1915
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1916
Code. "Juvenile offender registrant" includes a person who prior	1917
to January 1, 2008, was a "juvenile offender registrant" under the	1918
definition of the term in existence prior to January 1, 2008, and	1919
a person who prior to July 31, 2003, was a "juvenile sex offender	1920
registrant" under the former definition of that former term.	1921

(N) "Public registry-qualified juvenile offender registrant"	1922
means a person who is adjudicated a delinquent child and on whom a	1923
juvenile court has imposed a serious youthful offender	1924
dispositional sentence under section 2152.13 of the Revised Code	1925
before, on, or after January 1, 2008, and to whom all of the	1926
following apply:	1927

(1) The person is adjudicated a delinquent child for	1928
committing, attempting to commit, conspiring to commit, or	1929
complicity in committing one of the following acts:	1930

(a) A violation of section 2907.02 of the Revised Code,	1931
division (B) of section 2907.05 of the Revised Code, or section	1932
2907.03 of the Revised Code if the victim of the violation was	1933
less than twelve years of age;	1934

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	1935
the Revised Code that was committed with a purpose to gratify the	1936
sexual needs or desires of the child;	1937

(c) A violation of division (B) of section 2903.03 of the	1938
Revised Code.	1939

(2) The person was fourteen, fifteen, sixteen, or seventeen	1940
years of age at the time of committing the act.	1941

(3) A juvenile court judge, pursuant to an order issued under	1942
section 2152.86 of the Revised Code, classifies the person a	1943
juvenile offender registrant, specifies the person has a duty to	1944
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1945
Code, and classifies the person a public registry-qualified	1946
juvenile offender registrant, and the classification of the person	1947
as a public registry-qualified juvenile offender registrant has	1948
not been terminated pursuant to division (D) of section 2152.86 of	1949
the Revised Code.	1950

(O) "Secure facility" means any facility that is designed and	1951
operated to ensure that all of its entrances and exits are locked	1952
and under the exclusive control of its staff and to ensure that,	1953
because of that exclusive control, no person who is	1954
institutionalized or confined in the facility may leave the	1955
facility without permission or supervision.	1956

(P) "Out-of-state juvenile offender registrant" means a	1957
person who is adjudicated a delinquent child in a court in another	1958
state, in a federal court, military court, or Indian tribal court,	1959
or in a court in any nation other than the United States for	1960
committing a sexually oriented offense or a child-victim oriented	1961
offense, who on or after January 1, 2002, moves to and resides in	1962
this state or temporarily is domiciled in this state for more than	1963
five days, and who has a duty under section 2950.04 or 2950.041 of	1964
the Revised Code to register in this state and the duty to	1965
otherwise comply with that applicable section and sections 2950.05	1966
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	1967
registrant" includes a person who prior to January 1, 2008, was an	1968
"out-of-state juvenile offender registrant" under the definition	1969
of the term in existence prior to January 1, 2008, and a person	1970
who prior to July 31, 2003, was an "out-of-state juvenile sex	1971
offender registrant" under the former definition of that former	1972
term.	1973

(Q) "Juvenile court judge" includes a magistrate to whom the	1974
juvenile court judge confers duties pursuant to division (A)(15)	1975
of section 2151.23 of the Revised Code.	1976

(R) "Adjudicated a delinquent child for committing a sexually	1977
oriented offense" includes a child who receives a serious youthful	1978
offender dispositional sentence under section 2152.13 of the	1979
Revised Code for committing a sexually oriented offense.	1980

(S) "School" and "school premises" have the same meanings as	1981
in section 2925.01 of the Revised Code.	1982

(T) "Residential premises" means the building in which a	1983
residential unit is located and the grounds upon which that	1984
building stands, extending to the perimeter of the property.	1985
"Residential premises" includes any type of structure in which a	1986
residential unit is located, including, but not limited to,	1987
multi-unit buildings and mobile and manufactured homes.	1988

(U) "Residential unit" means a dwelling unit for residential	1989
use and occupancy, and includes the structure or part of a	1990
structure that is used as a home, residence, or sleeping place by	1991
one person who maintains a household or two or more persons who	1992
maintain a common household. "Residential unit" does not include a	1993
halfway house or a community-based correctional facility.	1994

(V) "Multi-unit building" means a building in which is	1995
located more than twelve residential units that have entry doors	1996
that open directly into the unit from a hallway that is shared	1997
with one or more other units. A residential unit is not considered	1998
located in a multi-unit building if the unit does not have an	1999
entry door that opens directly into the unit from a hallway that	2000
is shared with one or more other units or if the unit is in a	2001
building that is not a multi-unit building as described in this	2002
division.	2003

(W) "Community control sanction" has the same meaning as in	2004
section 2929.01 of the Revised Code.	2005

(X) "Halfway house" and "community-based correctional	2006
facility" have the same meanings as in section 2929.01 of the	2007
Revised Code.	2008

Sec. 2951.041.  (A)(1) If an offender is charged with a	2009
criminal offense, including but not limited to a violation of	2010
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2011
the Revised Code, and the court has reason to believe that drug or	2012
alcohol usage by the offender was a factor leading to the criminal	2013
offense with which the offender is charged or that, at the time of	2014
committing that offense, the offender had a mental illness or was	2015
a person with intellectual disability and that the mental illness	2016
or status as a person with intellectual disability was a factor	2017
leading to the offender's criminal behavior, the court may accept,	2018
prior to the entry of a guilty plea, the offender's request for	2019
intervention in lieu of conviction. The request shall include a	2020
statement from the offender as to whether the offender is alleging	2021
that drug or alcohol usage by the offender was a factor leading to	2022
the criminal offense with which the offender is charged or is	2023
alleging that, at the time of committing that offense, the	2024
offender had a mental illness or was a person with intellectual	2025
disability and that the mental illness or status as a person with	2026
intellectual disability was a factor leading to the criminal	2027
offense with which the offender is charged. The request also shall	2028
include a waiver of the defendant's right to a speedy trial, the	2029
preliminary hearing, the time period within which the grand jury	2030
may consider an indictment against the offender, and arraignment,	2031
unless the hearing, indictment, or arraignment has already	2032
occurred. The court may reject an offender's request without a	2033
hearing. If the court elects to consider an offender's request,	2034
the court shall conduct a hearing to determine whether the	2035
offender is eligible under this section for intervention in lieu	2036
of conviction and shall stay all criminal proceedings pending the	2037
outcome of the hearing. If the court schedules a hearing, the	2038
court shall order an assessment of the offender for the purpose of	2039
determining the offender's eligibility for intervention in lieu of	2040
conviction and recommending an appropriate intervention plan.	2041

If the offender alleges that drug or alcohol usage by the	2042
offender was a factor leading to the criminal offense with which	2043
the offender is charged, the court may order that the offender be	2044
assessed by a program certified pursuant to section 3793.06 of the	2045
Revised Code or a properly credentialed professional for the	2046
purpose of determining the offender's eligibility for intervention	2047
in lieu of conviction and recommending an appropriate intervention	2048
plan. The program or the properly credentialed professional shall	2049
provide a written assessment of the offender to the court.	2050

(2) The victim notification provisions of division (C) of	2051
section 2930.08 of the Revised Code apply in relation to any	2052
hearing held under division (A)(1) of this section.	2053

(B) An offender is eligible for intervention in lieu of	2054
conviction if the court finds all of the following:	2055

(1) The offender previously has not been convicted of or	2056
pleaded guilty to a felony offense of violence or previously has	2057
been convicted of or pleaded guilty to any felony that is not an	2058
offense of violence and the prosecuting attorney recommends that	2059
the offender be found eligible for participation in intervention	2060
in lieu of treatment under this section, previously has not been	2061
through intervention in lieu of conviction under this section or	2062
any similar regimen, and is charged with a felony for which the	2063
court, upon conviction, would impose sentencea community control	2064
sanction on the offender under division (B)(3)(b)(2) of section	2065
2929.13 of the Revised Code or with a misdemeanor.	2066

(2) The offense is not a felony of the first, second, or	2067
third degree, is not an offense of violence, is not a violation of	2068
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2069
not a violation of division (A)(1) of section 2903.08 of the	2070
Revised Code, is not a violation of division (A) of section	2071
4511.19 of the Revised Code or a municipal ordinance that is	2072
substantially similar to that division, and is not an offense for	2073
which a sentencing court is required to impose a mandatory prison	2074
term, a mandatory term of local incarceration, or a mandatory term	2075
of imprisonment in a jail.	2076

(3) The offender is not charged with a violation of section	2077
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2078
with a violation of section 2925.03 of the Revised Code that is a	2079
felony of the first, second, third, or fourth degree, and is not	2080
charged with a violation of section 2925.11 of the Revised Code	2081
that is a felony of the first, second, or third degree.	2082

(4) If an offender alleges that drug or alcohol usage by the	2083
offender was a factor leading to the criminal offense with which	2084
the offender is charged, the court has ordered that the offender	2085
be assessed by a program certified pursuant to section 3793.06 of	2086
the Revised Code or a properly credentialed professional for the	2087
purpose of determining the offender's eligibility for intervention	2088
in lieu of conviction and recommending an appropriate intervention	2089
plan, the offender has been assessed by a program of that nature	2090
or a properly credentialed professional in accordance with the	2091
court's order, and the program or properly credentialed	2092
professional has filed the written assessment of the offender with	2093
the court.	2094

(5) If an offender alleges that, at the time of committing	2095
the criminal offense with which the offender is charged, the	2096
offender had a mental illness or was a person with intellectual	2097
disability and that the mental illness or status as a person with	2098
intellectual disability was a factor leading to that offense, the	2099
offender has been assessed by a psychiatrist, psychologist,	2100
independent social worker, or professional clinical counselor for	2101
the purpose of determining the offender's eligibility for	2102
intervention in lieu of conviction and recommending an appropriate	2103
intervention plan.	2104

(6) The offender's drug usage, alcohol usage, mental illness,	2105
or intellectual disability, whichever is applicable, was a factor	2106
leading to the criminal offense with which the offender is	2107
charged, intervention in lieu of conviction would not demean the	2108
seriousness of the offense, and intervention would substantially	2109
reduce the likelihood of any future criminal activity.	2110

(7) The alleged victim of the offense was not sixty-five	2111
years of age or older, permanently and totally disabled, under	2112
thirteen years of age, or a peace officer engaged in the officer's	2113
official duties at the time of the alleged offense.	2114

(8) If the offender is charged with a violation of section	2115
2925.24 of the Revised Code, the alleged violation did not result	2116
in physical harm to any person, and the offender previously has	2117
not been treated for drug abuse.	2118

(9) The offender is willing to comply with all terms and	2119
conditions imposed by the court pursuant to division (D) of this	2120
section.	2121

(10) The offender is not charged with an offense that would	2122
result in the offender being disqualified under Chapter 4506. of	2123
the Revised Code from operating a commercial motor vehicle or	2124
would subject the offender to any other sanction under that	2125
chapter.	2126

(C) At the conclusion of a hearing held pursuant to division	2127
(A) of this section, the court shall enter its determination as to	2128
whether the offender is eligible for intervention in lieu of	2129
conviction and as to whether to grant the offender's request. If	2130
the court finds under division (B) of this section that the	2131
offender is eligible for intervention in lieu of conviction and	2132
grants the offender's request, the court shall accept the	2133
offender's plea of guilty and waiver of the defendant's right to a	2134
speedy trial, the preliminary hearing, the time period within	2135
which the grand jury may consider an indictment against the	2136
offender, and arraignment, unless the hearing, indictment, or	2137
arraignment has already occurred. In addition, the court then may	2138
stay all criminal proceedings and order the offender to comply	2139
with all terms and conditions imposed by the court pursuant to	2140
division (D) of this section. If the court finds that the offender	2141
is not eligible or does not grant the offender's request, the	2142
criminal proceedings against the offender shall proceed as if the	2143
offender's request for intervention in lieu of conviction had not	2144
been made.	2145

(D) If the court grants an offender's request for	2146
intervention in lieu of conviction, the court shall place the	2147
offender under the general control and supervision of the county	2148
probation department, the adult parole authority, or another	2149
appropriate local probation or court services agency, if one	2150
exists, as if the offender was subject to a community control	2151
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2152
Revised Code. The court shall establish an intervention plan for	2153
the offender. The terms and conditions of the intervention plan	2154
shall require the offender, for at least one year from the date on	2155
which the court grants the order of intervention in lieu of	2156
conviction, to abstain from the use of illegal drugs and alcohol,	2157
to participate in treatment and recovery support services, and to	2158
submit to regular random testing for drug and alcohol use and may	2159
include any other treatment terms and conditions, or terms and	2160
conditions similar to community control sanctions, which may	2161
include community service or restitution, that are ordered by the	2162
court.	2163

(E) If the court grants an offender's request for	2164
intervention in lieu of conviction and the court finds that the	2165
offender has successfully completed the intervention plan for the	2166
offender, including the requirement that the offender abstain from	2167
using illegal drugs and alcohol for a period of at least one year	2168
from the date on which the court granted the order of intervention	2169
in lieu of conviction, the requirement that the offender	2170
participate in treatment and recovery support services, and all	2171
other terms and conditions ordered by the court, the court shall	2172
dismiss the proceedings against the offender. Successful	2173
completion of the intervention plan and period of abstinence under	2174
this section shall be without adjudication of guilt and is not a	2175
criminal conviction for purposes of any disqualification or	2176
disability imposed by law and upon conviction of a crime, and the	2177
court may order the sealing of records related to the offense in	2178
question in the manner provided in sections 2953.31 to 2953.36 of	2179
the Revised Code.	2180

(F) If the court grants an offender's request for	2181
intervention in lieu of conviction and the offender fails to	2182
comply with any term or condition imposed as part of the	2183
intervention plan for the offender, the supervising authority for	2184
the offender promptly shall advise the court of this failure, and	2185
the court shall hold a hearing to determine whether the offender	2186
failed to comply with any term or condition imposed as part of the	2187
plan. If the court determines that the offender has failed to	2188
comply with any of those terms and conditions, it shall enter a	2189
finding of guilty and shall impose an appropriate sanction under	2190
Chapter 2929. of the Revised Code. If the court sentences the	2191
offender to a prison term, the court, after consulting with the	2192
department of rehabilitation and correction regarding the	2193
availability of services, may order continued court-supervised	2194
activity and treatment of the offender during the prison term and,	2195
upon consideration of reports received from the department	2196
concerning the offender's progress in the program of activity and	2197
treatment, may consider judicial release under section 2929.20 of	2198
the Revised Code.	2199

(G) As used in this section:

2200

(1) "Community control sanction" has the same meaning as in	2201
section 2929.01 of the Revised Code.	2202

(2) "Intervention in lieu of conviction" means any	2203
court-supervised activity that complies with this section.	2204

(3) "Peace officer" has the same meaning as in section	2205
2935.01 of the Revised Code.	2206

(4) "Mental illness" and "psychiatrist" have the same	2207
meanings as in section 5122.01 of the Revised Code.	2208

(5) "Person with intellectual disability" means a person	2209
having significantly subaverage general intellectual functioning	2210
existing concurrently with deficiencies in adaptive behavior,	2211
manifested during the developmental period.	2212

(6) "Psychologist" has the same meaning as in section 4732.01	2213
of the Revised Code.	2214

(H) Whenever the term "mentally retarded person" is used in	2215
any statute, rule, contract, grant, or other document, the	2216
reference shall be deemed to include a "person with intellectual	2217
disability," as defined in this section.	2218

Sec. 2953.08.  (A) In addition to any other right to appeal	2219
and except as provided in division (D) of this section, a	2220
defendant who is convicted of or pleads guilty to a felony may	2221
appeal as a matter of right the sentence imposed upon the	2222
defendant on one of the following grounds:	2223

(1) The sentence consisted of or included the maximum prison	2224
term allowed for the offense by division (A) of section 2929.14 or	2225
section 2929.142 of the Revised Code, the maximum prison term was	2226
not required for the offense pursuant to Chapter 2925. or any	2227
other provision of the Revised Code, and the court imposed the	2228
sentence under one of the following circumstances:	2229

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

2230

(b) The sentence was imposed for two or more offenses arising	2231
out of a single incident, and the court imposed the maximum prison	2232
term for the offense of the highest degree.	2233

(2) The sentence consisted of or included a prison term,and	2234
the offense for which it was imposed is a felony of the fourth or	2235
fifth degree or is a felony drug offense that is a violation of a	2236
provision of Chapter 2925. of the Revised Code and that is	2237
specified as being subject to division (B) of section 2929.13 of	2238
the Revised Code for purposes of sentencing, and the court did not	2239
specify at sentencing that it found one or more factors specified	2240
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	2241
Code to apply relative to the defendant. If the court specifies	2242
that it found one or more of thosethe factors in division	2243
(B)(1)(b) of section 2929.13 of the Revised Code to apply relative	2244
to the defendant, the defendant is not entitled under this	2245
division to appeal as a matter of right the sentence imposed upon	2246
the offender.	2247

(3) The person was convicted of or pleaded guilty to a	2248
violent sex offense or a designated homicide, assault, or	2249
kidnapping offense, was adjudicated a sexually violent predator in	2250
relation to that offense, and was sentenced pursuant to division	2251
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	2252
of the indefinite term imposed pursuant to division (A)(3) of	2253
section 2971.03 of the Revised Code is the longest term available	2254
for the offense from among the range of terms listed in section	2255
2929.14 of the Revised Code. As used in this division, "designated	2256
homicide, assault, or kidnapping offense" and "violent sex	2257
offense" have the same meanings as in section 2971.01 of the	2258
Revised Code. As used in this division, "adjudicated a sexually	2259
violent predator" has the same meaning as in section 2929.01 of	2260
the Revised Code, and a person is "adjudicated a sexually violent	2261
predator" in the same manner and the same circumstances as are	2262
described in that section.	2263

(4) The sentence is contrary to law.

2264

(5) The sentence consisted of an additional prison term of	2265
ten years imposed pursuant to division (B)(2)(a) of section	2266
2929.14 of the Revised Code.	2267

(B) In addition to any other right to appeal and except as	2268
provided in division (D) of this section, a prosecuting attorney,	2269
a city director of law, village solicitor, or similar chief legal	2270
officer of a municipal corporation, or the attorney general, if	2271
one of those persons prosecuted the case, may appeal as a matter	2272
of right a sentence imposed upon a defendant who is convicted of	2273
or pleads guilty to a felony or, in the circumstances described in	2274
division (B)(3) of this section the modification of a sentence	2275
imposed upon such a defendant, on any of the following grounds:	2276

(1) The sentence did not include a prison term despite a	2277
presumption favoring a prison term for the offense for which it	2278
was imposed, as set forth in section 2929.13 or Chapter 2925. of	2279
the Revised Code.	2280

(2) The sentence is contrary to law.

2281

(3) The sentence is a modification under section 2929.20 of	2282
the Revised Code of a sentence that was imposed for a felony of	2283
the first or second degree.	2284

(C)(1) In addition to the right to appeal a sentence granted	2285
under division (A) or (B) of this section, a defendant who is	2286
convicted of or pleads guilty to a felony may seek leave to appeal	2287
a sentence imposed upon the defendant on the basis that the	2288
sentencing judge has imposed consecutive sentences under division	2289
(C)(3) of section 2929.14 of the Revised Code and that the	2290
consecutive sentences exceed the maximum prison term allowed by	2291
division (A) of that section for the most serious offense of which	2292
the defendant was convicted. Upon the filing of a motion under	2293
this division, the court of appeals may grant leave to appeal the	2294
sentence if the court determines that the allegation included as	2295
the basis of the motion is true.	2296

(2) A defendant may seek leave to appeal an additional	2297
sentence imposed upon the defendant pursuant to division (B)(2)(a)	2298
or (b) of section 2929.14 of the Revised Code if the additional	2299
sentence is for a definite prison term that is longer than five	2300
years.	2301

(D)(1) A sentence imposed upon a defendant is not subject to	2302
review under this section if the sentence is authorized by law,	2303
has been recommended jointly by the defendant and the prosecution	2304
in the case, and is imposed by a sentencing judge.	2305

(2) Except as provided in division (C)(2) of this section, a	2306
sentence imposed upon a defendant is not subject to review under	2307
this section if the sentence is imposed pursuant to division	2308
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	2309
otherwise provided in this division, a defendant retains all	2310
rights to appeal as provided under this chapter or any other	2311
provision of the Revised Code. A defendant has the right to appeal	2312
under this chapter or any other provision of the Revised Code the	2313
court's application of division (B)(2)(c) of section 2929.14 of	2314
the Revised Code.	2315

(3) A sentence imposed for aggravated murder or murder	2316
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	2317
subject to review under this section.	2318

(E) A defendant, prosecuting attorney, city director of law,	2319
village solicitor, or chief municipal legal officer shall file an	2320
appeal of a sentence under this section to a court of appeals	2321
within the time limits specified in Rule 4(B) of the Rules of	2322
Appellate Procedure, provided that if the appeal is pursuant to	2323
division (B)(3) of this section, the time limits specified in that	2324
rule shall not commence running until the court grants the motion	2325
that makes the sentence modification in question. A sentence	2326
appeal under this section shall be consolidated with any other	2327
appeal in the case. If no other appeal is filed, the court of	2328
appeals may review only the portions of the trial record that	2329
pertain to sentencing.	2330

(F) On the appeal of a sentence under this section, the	2331
record to be reviewed shall include all of the following, as	2332
applicable:	2333

(1) Any presentence, psychiatric, or other investigative	2334
report that was submitted to the court in writing before the	2335
sentence was imposed. An appellate court that reviews a	2336
presentence investigation report prepared pursuant to section	2337
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	2338
connection with the appeal of a sentence under this section shall	2339
comply with division (D)(3) of section 2951.03 of the Revised Code	2340
when the appellate court is not using the presentence	2341
investigation report, and the appellate court's use of a	2342
presentence investigation report of that nature in connection with	2343
the appeal of a sentence under this section does not affect the	2344
otherwise confidential character of the contents of that report as	2345
described in division (D)(1) of section 2951.03 of the Revised	2346
Code and does not cause that report to become a public record, as	2347
defined in section 149.43 of the Revised Code, following the	2348
appellate court's use of the report.	2349

(2) The trial record in the case in which the sentence was	2350
imposed;	2351

(3) Any oral or written statements made to or by the court at	2352
the sentencing hearing at which the sentence was imposed;	2353

(4) Any written findings that the court was required to make	2354
in connection with the modification of the sentence pursuant to a	2355
judicial release under division (I) of section 2929.20 of the	2356
Revised Code.	2357

(G)(1) If the sentencing court was required to make the	2358
findings required by division (B) or (D) of section 2929.13 or	2359
division (I) of section 2929.20 of the Revised Code, or to state	2360
the findings of the trier of fact required by division (B)(2)(e)	2361
of section 2929.14 of the Revised Code, relative to the imposition	2362
or modification of the sentence, and if the sentencing court	2363
failed to state the required findings on the record, the court	2364
hearing an appeal under division (A), (B), or (C) of this section	2365
shall remand the case to the sentencing court and instruct the	2366
sentencing court to state, on the record, the required findings.	2367

(2) The court hearing an appeal under division (A), (B), or	2368
(C) of this section shall review the record, including the	2369
findings underlying the sentence or modification given by the	2370
sentencing court.	2371

The appellate court may increase, reduce, or otherwise modify	2372
a sentence that is appealed under this section or may vacate the	2373
sentence and remand the matter to the sentencing court for	2374
resentencing. The appellate court's standard for review is not	2375
whether the sentencing court abused its discretion. The appellate	2376
court may take any action authorized by this division if it	2377
clearly and convincingly finds either of the following:	2378

(a) That the record does not support the sentencing court's	2379
findings under division (B) or (D) of section 2929.13, division	2380
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	2381
2929.20 of the Revised Code, whichever, if any, is relevant;	2382

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

2383

(H) A judgment or final order of a court of appeals under	2384
this section may be appealed, by leave of court, to the supreme	2385
court.	2386

(I)(1) There is hereby established the felony sentence appeal	2387
cost oversight committee, consisting of eight members. One member	2388
shall be the chief justice of the supreme court or a	2389
representative of the court designated by the chief justice, one	2390
member shall be a member of the senate appointed by the president	2391
of the senate, one member shall be a member of the house of	2392
representatives appointed by the speaker of the house of	2393
representatives, one member shall be the director of budget and	2394
management or a representative of the office of budget and	2395
management designated by the director, one member shall be a judge	2396
of a court of appeals, court of common pleas, municipal court, or	2397
county court appointed by the chief justice of the supreme court,	2398
one member shall be the state public defender or a representative	2399
of the office of the state public defender designated by the state	2400
public defender, one member shall be a prosecuting attorney	2401
appointed by the Ohio prosecuting attorneys association, and one	2402
member shall be a county commissioner appointed by the county	2403
commissioners association of Ohio. No more than three of the	2404
appointed members of the committee may be members of the same	2405
political party.	2406

The president of the senate, the speaker of the house of	2407
representatives, the chief justice of the supreme court, the Ohio	2408
prosecuting attorneys association, and the county commissioners	2409
association of Ohio shall make the initial appointments to the	2410
committee of the appointed members no later than ninety days after	2411
July 1, 1996. Of those initial appointments to the committee, the	2412
members appointed by the speaker of the house of representatives	2413
and the Ohio prosecuting attorneys association shall serve a term	2414
ending two years after July 1, 1996, the member appointed by the	2415
chief justice of the supreme court shall serve a term ending three	2416
years after July 1, 1996, and the members appointed by the	2417
president of the senate and the county commissioners association	2418
of Ohio shall serve terms ending four years after July 1, 1996.	2419
Thereafter, terms of office of the appointed members shall be for	2420
four years, with each term ending on the same day of the same	2421
month as did the term that it succeeds. Members may be	2422
reappointed. Vacancies shall be filled in the same manner provided	2423
for original appointments. A member appointed to fill a vacancy	2424
occurring prior to the expiration of the term for which that	2425
member's predecessor was appointed shall hold office as a member	2426
for the remainder of the predecessor's term. An appointed member	2427
shall continue in office subsequent to the expiration date of that	2428
member's term until that member's successor takes office or until	2429
a period of sixty days has elapsed, whichever occurs first.	2430

If the chief justice of the supreme court, the director of	2431
the office of budget and management, or the state public defender	2432
serves as a member of the committee, that person's term of office	2433
as a member shall continue for as long as that person holds office	2434
as chief justice, director of the office of budget and management,	2435
or state public defender. If the chief justice of the supreme	2436
court designates a representative of the court to serve as a	2437
member, the director of budget and management designates a	2438
representative of the office of budget and management to serve as	2439
a member, or the state public defender designates a representative	2440
of the office of the state public defender to serve as a member,	2441
the person so designated shall serve as a member of the commission	2442
for as long as the official who made the designation holds office	2443
as chief justice, director of the office of budget and management,	2444
or state public defender or until that official revokes the	2445
designation.	2446

The chief justice of the supreme court or the representative	2447
of the supreme court appointed by the chief justice shall serve as	2448
chairperson of the committee. The committee shall meet within two	2449
weeks after all appointed members have been appointed and shall	2450
organize as necessary. Thereafter, the committee shall meet at	2451
least once every six months or more often upon the call of the	2452
chairperson or the written request of three or more members,	2453
provided that the committee shall not meet unless moneys have been	2454
appropriated to the judiciary budget administered by the supreme	2455
court specifically for the purpose of providing financial	2456
assistance to counties under division (I)(2) of this section and	2457
the moneys so appropriated then are available for that purpose.	2458

The members of the committee shall serve without	2459
compensation, but, if moneys have been appropriated to the	2460
judiciary budget administered by the supreme court specifically	2461
for the purpose of providing financial assistance to counties	2462
under division (I)(2) of this section, each member shall be	2463
reimbursed out of the moneys so appropriated that then are	2464
available for actual and necessary expenses incurred in the	2465
performance of official duties as a committee member.	2466

(2) The state criminal sentencing commission periodically	2467
shall provide to the felony sentence appeal cost oversight	2468
committee all data the commission collects pursuant to division	2469
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	2470
data from the state criminal sentencing commission, the felony	2471
sentence appeal cost oversight committee periodically shall review	2472
the data; determine whether any money has been appropriated to the	2473
judiciary budget administered by the supreme court specifically	2474
for the purpose of providing state financial assistance to	2475
counties in accordance with this division for the increase in	2476
expenses the counties experience as a result of the felony	2477
sentence appeal provisions set forth in this section or as a	2478
result of a postconviction relief proceeding brought under	2479
division (A)(2) of section 2953.21 of the Revised Code or an	2480
appeal of a judgment in that proceeding; if it determines that any	2481
money has been so appropriated, determine the total amount of	2482
moneys that have been so appropriated specifically for that	2483
purpose and that then are available for that purpose; and develop	2484
a recommended method of distributing those moneys to the counties.	2485
The committee shall send a copy of its recommendation to the	2486
supreme court. Upon receipt of the committee's recommendation, the	2487
supreme court shall distribute to the counties, based upon that	2488
recommendation, the moneys that have been so appropriated	2489
specifically for the purpose of providing state financial	2490
assistance to counties under this division and that then are	2491
available for that purpose.	2492

Sec. 2967.03.  The adult parole authority may exercise its	2493
functions and duties in relation to the pardon, commutation of	2494
sentence, or reprieve of a convict upon direction of the governor	2495
or upon its own initiative. It may exercise its functions and	2496
duties in relation to the parole of a prisoner who is eligible for	2497
parole upon the initiative of the head of the institution in which	2498
the prisoner is confined or upon its own initiative. When a	2499
prisoner becomes eligible for parole, the head of the institution	2500
in which the prisoner is confined shall notify the authority in	2501
the manner prescribed by the authority. The authority may	2502
investigate and examine, or cause the investigation and	2503
examination of, prisoners confined in state correctional	2504
institutions concerning their conduct in the institutions, their	2505
mental and moral qualities and characteristics, their knowledge of	2506
a trade or profession, their former means of livelihood, their	2507
family relationships, and any other matters affecting their	2508
fitness to be at liberty without being a threat to society.	2509

The authority may recommend to the governor the pardon,	2510
commutation of sentence, medical release, or reprieve of any	2511
convict or prisoner or grant a parole to any prisoner for whom	2512
parole is authorized, if in its judgment there is reasonable	2513
ground to believe that granting a pardon, commutation, medical	2514
release, or reprieve to the convict or paroling the prisoner would	2515
further the interests of justice and be consistent with the	2516
welfare and security of society. However, the authority shall not	2517
recommend a pardon, commutation of sentence, or medical release	2518
of, or grant a parole to, any convict or prisoner until the	2519
authority has complied with the applicable notice requirements of	2520
sections 2930.16 and 2967.12 of the Revised Code and until it has	2521
considered any statement made by a victim or a victim's	2522
representative that is relevant to the convict's or prisoner's	2523
case and that was sent to the authority pursuant to section	2524
2930.17 of the Revised Code, any other statement made by a victim	2525
or a victim's representative that is relevant to the convict's or	2526
prisoner's case and that was received by the authority after it	2527
provided notice of the pendency of the action under sections	2528
2930.16 and 2967.12 of the Revised Code, and any written statement	2529
of any person submitted to the court pursuant to division (G)(I)	2530
of section 2967.12 of the Revised Code. If a victim, victim's	2531
representative, or the victim's spouse, parent, sibling, or child	2532
appears at a full board hearing of the parole board and gives	2533
testimony as authorized by section 5149.101 of the Revised Code,	2534
the authority shall consider the testimony in determining whether	2535
to grant a parole. The trial judge and prosecuting attorney of the	2536
trial court in which a person was convicted shall furnish to the	2537
authority, at the request of the authority, a summarized statement	2538
of the facts proved at the trial and of all other facts having	2539
reference to the propriety of recommending a pardon, commutation,	2540
or medical release, or granting a parole, together with a	2541
recommendation for or against a pardon, commutation, medical	2542
release, or parole, and the reasons for the recommendation. The	2543
trial judge, the prosecuting attorney, specified law enforcement	2544
agency members, and a representative of the prisoner may appear at	2545
a full board hearing of the parole board and give testimony in	2546
regard to the grant of a parole to the prisoner as authorized by	2547
section 5149.101 of the Revised Code. All state and local	2548
officials shall furnish information to the authority, when so	2549
requested by it in the performance of its duties.	2550

The adult parole authority shall exercise its functions and	2551
duties in relation to the release of prisoners who are serving a	2552
stated prison term in accordance with section 2967.28 of the	2553
Revised Code.	2554

Sec. 2967.12.  (A) Except as provided in division (G) of this	2555
section, at least three weekssixty days before the adult parole	2556
authority recommends any pardon or commutation of sentence, or	2557
grants any parole, the authority shall provide a notice of the	2558
pendency of the pardon, commutation, or parole, setting forth the	2559
name of the person on whose behalf it is made, the offense of	2560
which the person was convicted or to which the person pleaded	2561
guilty, the time of conviction or the guilty plea, and the term of	2562
the person's sentence, to the prosecuting attorney and the judge	2563
of the court of common pleas of the county in which the indictment	2564
against the person was found. If there is more than one judge of	2565
that court of common pleas, the authority shall provide the notice	2566
to the presiding judge. Upon the request of the prosecuting	2567
attorney or of any law enforcement agency, the authority shall	2568
provide to the requesting prosecuting attorney and law enforcement	2569
agencies an institutional summary report that covers the subject	2570
person's participation while confined in a state correctional	2571
institution in training, work, and other rehabilitative activities	2572
and any disciplinary action taken against the person while so	2573
confined. The department of rehabilitation and correction may	2574
utilize electronic means to provide this notice. The department of	2575
rehabilitation and correction, at the same time that it provides	2576
the notice to the prosecuting attorney and judge under this	2577
division, also shall post on the database it maintains pursuant to	2578
section 5120.66 of the Revised Code the offender's name and all of	2579
the information specified in division (A)(1)(c)(iii) of that	2580
section.	2581

(B) If a request for notification has been made pursuant to	2582
section 2930.16 of the Revised Code or if division (H) of this	2583
section applies, the office of victim services or the adult parole	2584
authority also shall provide notice to the victim or the victim's	2585
representative at least three weekssixty days prior to	2586
recommending any pardon or commutation of sentence for, or	2587
granting any parole to, the person. The notice shall include the	2588
information required by division (A) of this section and may be	2589
provided by telephone or through electronic means. The notice also	2590
shall inform the victim or the victim's representative that the	2591
victim or representative may send a written statement relative to	2592
the victimization and the pending action to the adult parole	2593
authority and that, if the authority receives any written	2594
statement prior to recommending a pardon or commutation or	2595
granting a parole for a person, the authority will consider the	2596
statement before it recommends a pardon or commutation or grants a	2597
parole. If the person is being considered for parole, the notice	2598
shall inform the victim or the victim's representative that a full	2599
board hearing of the parole board may be held and that the victim	2600
or victim's representative may contact the office of victims'	2601
services for further information. If the person being considered	2602
for parole was convicted of or pleaded guilty to violatinga	2603
violation of section 2903.01 or 2903.02 of the Revised Code, an	2604
offense of violence that is a felony of the first, second, or	2605
third degree, or an offense punished by a sentence of life	2606
imprisonment, the notice shall inform the victim of that offense,	2607
the victim's representative, or a member of the victim's immediate	2608
family that the victim, the victim's representative, and the	2609
victim's immediate family have the right to give testimony at a	2610
full board hearing of the parole board and that the victim or	2611
victim's representative may contact the office of victims'	2612
services for further information. As used in this division, "the	2613
victim's immediate family" means the mother, father, spouse,	2614
sibling, or child of the victim.	2615

(C) When notice of the pendency of any pardon, commutation of	2616
sentence, or parole has been provided to a judge or prosecutor or	2617
posted on the database as required in division (A) of this section	2618
and a hearing on the pardon, commutation, or parole is continued	2619
to a date certain, the authority shall provide notice of the	2620
further consideration of the pardon, commutation, or parole at	2621
least three weekssixty days before the further consideration. The	2622
notice of the further consideration shall be provided to the	2623
proper judge and prosecuting attorney at least three weekssixty	2624
days before the further consideration, and may be provided using	2625
electronic means, and, if the initial notice was posted on the	2626
database as provided in division (A) of this section, the notice	2627
of the further consideration shall be posted on the database at	2628
least three weekssixty days before the further consideration. If	2629
the prosecuting attorney or a law enforcement agency was provided	2630
a copy of the institutional summary report relative to the subject	2631
person under division (A) of this section, the authority shall	2632
include with the notice of the further consideration sent to the	2633
prosecuting attorney any new information with respect to the	2634
person that relates to activities and actions of the person that	2635
are of a type covered by the report and shall send to the law	2636
enforcement agency a report that provides notice of the further	2637
consideration and includes any such new information with respect	2638
to the person. When notice of the pendency of any pardon,	2639
commutation, or parole has been given as provided in division (B)	2640
of this section and the hearing on it is continued to a date	2641
certain, the authority shall give notice of the further	2642
consideration to the victim or the victim's representative in	2643
accordance with section 2930.03 of the Revised Code.	2644

(D) In case of an application for the pardon or commutation	2645
of sentence of a person sentenced to capital punishment, the	2646
governor may modify the requirements of notification and	2647
publication if there is not sufficient time for compliance with	2648
the requirements before the date fixed for the execution of	2649
sentence.	2650

(E) If an offender is serving a prison term imposed under	2651
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	2652
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2653
Code and if the parole board terminates its control over the	2654
offender's service of that term pursuant to section 2971.04 of the	2655
Revised Code, the parole board immediately shall provide written	2656
notice of its termination of control or the transfer of control to	2657
the entities and persons specified in section 2971.04 of the	2658
Revised Code.	2659

(F) The failure of the adult parole authority to comply with	2660
the notice or posting provisions of division (A), (B), or (C) of	2661
this section or the failure of the parole board to comply with the	2662
notice provisions of division (E) of this section do not give any	2663
rights or any grounds for appeal or post-conviction relief to the	2664
person serving the sentence.	2665

(G) Divisions (A), (B), and (C) of this section do not apply	2666
to any release of a person that is of the type described in	2667
division (B)(2)(b) of section 5120.031 of the Revised Code.	2668

(H) If a defendant is incarcerated for the commission of	2669
aggravated murder, murder, or an offense of violence that is a	2670
felony of the first, second, or third degree or is under a	2671
sentence of life imprisonment, except as otherwise provided in	2672
this division, the notice described in division (B) of this	2673
section shall be given to the victim or victim's representative	2674
regardless of whether the victim or victim's representative has	2675
made a request for notification. The notice described in division	2676
(B) of this section shall not be given under this division to a	2677
victim or victim's representative if the victim or victim's	2678
representative has requested pursuant to division (B)(2) of	2679
section 2930.03 of the Revised Code that the victim or the	2680
victim's representative not be provided the notice. The notice	2681
described in division (B) of this section does not have to be	2682
given under this division to a victim or victim's representative	2683
if notice was given to the victim or victim's representative with	2684
respect to at least two prior considerations of pardon,	2685
commutation, or parole of a person and the victim or victim's	2686
representative did not provide any written statement relative to	2687
the victimization and the pending action, did not attend any	2688
hearing conducted relative to the pending action, and did not	2689
otherwise respond to the office with respect to the pending	2690
action. Regardless of whether the victim or victim's	2691
representative has requested that the notice described in division	2692
(B) of this section be provided or not be provided, the office of	2693
victim services or adult parole authority shall give similar	2694
notice to the law enforcement agency that arrested the defendant	2695
if any officer of that agency was a victim of the offense and to	2696
any member of the victim's immediate family who requests	2697
notification. If notice is to be given under this division, the	2698
office or authority may give the notice by any reasonable means,	2699
including regular mail, telephone, and electronic mail, in	2700
accordance with division (D)(1) of section 2930.16 of the Revised	2701
Code. If the notice is based on an offense committed prior to the	2702
effective date of this amendment, the notice to the victim or	2703
victim's representative also shall include the opt-out information	2704
described in division (D)(1) of section 2930.16 of the Revised	2705
Code. The office or authority, in accordance with division (D)(2)	2706
of section 2930.16 of the Revised Code, shall keep a record of all	2707
attempts to provide the notice, and of all notices provided, under	2708
this division.	2709

Division (H) of this section, and the notice-related	2710
provisions of divisions (E)(2) and (K) of section 2929.20,	2711
division (D)(1) of section 2930.16, division (E)(1)(b) of section	2712
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	2713
section 2967.28, and division (A)(2) of section 5149.101 of the	2714
Revised Code enacted in the act in which division (H) of this	2715
section was enacted, shall be known as "Roberta's Law."	2716

(I) In addition to and independent of the right of a victim	2717
to make a statement as described in division (A) of this section	2718
or pursuant to section 2930.17 of the Revised Code or to otherwise	2719
make a statement, the authority for a judge or prosecuting	2720
attorney to furnish statements and information, make	2721
recommendations, and give testimony as described in division (A)	2722
of this section, the right of a prosecuting attorney, judge, or	2723
victim to give testimony or submit a statement at a full parole	2724
board hearing pursuant to section 5149.101 of the Revised Code,	2725
and any other right or duty of a person to present information or	2726
make a statement, any person may send to the adult parole	2727
authority at any time prior to the authority's recommending a	2728
pardon or commutation or granting a parole for the offender a	2729
written statement relative to the offense and the pending action.	2730

(J) As used in this section, "victim's immediate family"	2731
means the mother, father, spouse, sibling, or child of the victim,	2732
provided that in no case does "victim's immediate family" include	2733
the offender with respect to whom the notice in question applies.	2734

Sec. 2967.121.  (A) Subject to division (C)(D) of this	2735
section, at least two weeks before any convict who is serving a	2736
sentence for committing aggravated murder, murder, or a felony of	2737
the first, second, or third degree or who is serving a sentence of	2738
life imprisonment is released from confinement in any state	2739
correctional institution pursuant to a pardon, commutation of	2740
sentence, parole, or completed prison term, the adult parole	2741
authority shall provide notice of the release to the prosecuting	2742
attorney of the county in which the indictment of the convict was	2743
found. The	2744

(B) The notice required by this division (A) of this section	2745
may be contained in a weekly list of all felonsconvicts who are	2746
serving a sentence for aggravated murder, murder, or a felony of	2747
the first, second, or third degree or are serving a sentence of	2748
life imprisonment and who are scheduled for release. The notice	2749

(B) Subject to division (D) of this section, if a convict who	2750
is serving a sentence for committing aggravated murder, murder, or	2751
a felony of the first, second, or third degree or who is serving a	2752
sentence of life imprisonment is released from confinement	2753
pursuant to a pardon, commutation of sentence, parole, or	2754
completed prison term, the adult parole authority shall send	2755
notice of the release to the prosecuting attorney of the county in	2756
which the indictment of the convict was filed. The notice required	2757
by this division shall be sent to the appropriate prosecuting	2758
attorney at the end of the month in which the convict is released	2759
and may be contained in a monthly list of all convicts who are	2760
released in that month and for whom this division requires a	2761
notice to be sent to that prosecuting attorney.	2762

(C) The notices required by divisions (A) and (B) of this	2763
section shall contain all of the following:	2764

(1) The name of the convict being released;

2765

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

2766

(3) The offense for the violation of which the convict was	2767
convicted and incarcerated;	2768

(4) The date of the convict's conviction pursuant to which	2769
the convict was incarcerated;	2770

(5) The sentence imposed for that conviction;

2771

(6) The length of any supervision that the convict will be	2772
under;	2773

(7) The name, business address, and business phone number of	2774
the convict's supervising officer;	2775

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

2776

(C)(D)(1) Divisions (A) and, (B), and (C) of this section do	2777
not apply to the release from confinement of an offender if the	2778
offender is serving a prison term imposed under division (A)(3),	2779
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	2780
(c), or (d) of section 2971.03 of the Revised Code, if the court	2781
pursuant to section 2971.05 of the Revised Code modifies the	2782
requirement that the offender serve that entire term in a state	2783
correctional institution, and if the release from confinement is	2784
pursuant to that modification. In a case of that type, the court	2785
that modifies the requirement promptly shall provide written	2786
notice of the modification and the order that modifies the	2787
requirement or revises the modification to the offender, the	2788
department of rehabilitation and correction, the prosecuting	2789
attorney, and any state agency or political subdivision that is	2790
affected by the order.	2791

(2) Divisions (A) and, (B), and (C) of this section do not	2792
apply to the release from confinement of an offender if, upon	2793
admission to the state correctional institution, the offender has	2794
less than fourteen days to serve on the sentence.	2795

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

2796

(1) "Deadly weapon" and "dangerous ordnance" have the same	2797
meanings as in section 2923.11 of the Revised Code.	2798

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

2799

(a) A prison term imposed for aggravated murder, murder,	2800
voluntary manslaughter, involuntary manslaughter, felonious	2801
assault, kidnapping, rape, aggravated arson, aggravated burglary,	2802
or aggravated robbery;	2803

(b) A prison term imposed for complicity in, an attempt to	2804
commit, or conspiracy to commit any offense listed in division	2805
(A)(2)(a) of this section;	2806

(c) A prison term of life imprisonment, including any term of	2807
life imprisonment that has parole eligibility;	2808

(d) A prison term imposed for any felony other than carrying	2809
a concealed weapon an essential element of which is any conduct or	2810
failure to act expressly involving any deadly weapon or dangerous	2811
ordnance;	2812

(e) A prison term imposed for any violation of section	2813
2925.03 of the Revised Code that is a felony of the first or	2814
second degree;	2815

(f) A prison term imposed for engaging in a pattern of	2816
corrupt activity in violation of section 2923.32 of the Revised	2817
Code;	2818

(g) A prison term imposed pursuant to section 2971.03 of the	2819
Revised Code;	2820

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

2821

(3) "Eligible prison term" means any prison term that is not	2822
a disqualifying prison term and is not a restricting prison term.	2823

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

2824

(a) A mandatory prison term imposed under division (B)(1)(a),	2825
(B)(1)(c), (B)(1)(f), (B)(1)(g), (B)(2), or (B)(7) of section	2826
2929.14 of the Revised Code for a specification of the type	2827
described in that division;	2828

(b) In the case of an offender who has been sentenced to a	2829
mandatory prison term for a specification of the type described in	2830
division (A)(4)(a) of this section, the prison term imposed for	2831
the felony offense for which the specification was stated at the	2832
end of the body of the indictment, count in the indictment, or	2833
information charging the offense;	2834

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

2835

(d) A prison term imposed for any offense that is described	2836
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	2837
of this section applies to the offender:	2838

(i) The offense is a felony of the first or second degree	2839
that is an offense of violence and that is not described in	2840
division (A)(2)(a) or (b) of this section, an attempt to commit a	2841
felony of the first or second degree that is an offense of	2842
violence and that is not described in division (A)(2)(a) or (b) of	2843
this section if the attempt is a felony of the first or second	2844
degree, or an offense under an existing or former law of this	2845
state, another state, or the United States that is or was	2846
substantially equivalent to any other offense described in this	2847
division.	2848

(ii) The offender previously was convicted of or pleaded	2849
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	2850
this section.	2851

(5) "Sexually oriented offense" has the same meaning as in	2852
section 2950.01 of the Revised Code.	2853

(B) The director of the department of rehabilitation and	2854
correction may recommend in writing to the sentencing court that	2855
the court consider releasing from prison any offender who, on or	2856
after September 30, 2011, is confined in a state correctional	2857
institution, who is serving a stated prison term of one year or	2858
more, and who is eligible under division (C) of this section for a	2859
release under this section. If the director wishes to recommend	2860
that the sentencing court consider releasing an offender under	2861
this section, the director shall notify the sentencing court in	2862
writing of the offender's eligibility not earlier than ninety days	2863
prior to the date on which the offender becomes eligible as	2864
described in division (C) of this section. The director's	2865
submission of the written notice constitutes a recommendation by	2866
the director that the court strongly consider release of the	2867
offender consistent with the purposes and principles of sentencing	2868
set forth in sections 2929.11 and 2929.13 of the Revised Code.	2869
Only an offender recommended by the director under division (B) of	2870
this section may be considered for early release under this	2871
section.	2872

(C)(1) An offender serving a stated prison term of one year	2873
or more and who has commenced service of that stated prison term	2874
becomes eligible for release from prison under this section only	2875
as described in this division. An offender serving a stated prison	2876
term that includes a disqualifying prison term is not eligible for	2877
release from prison under this section. An offender serving a	2878
stated prison term that consists solely of one or more restricting	2879
prison terms is not eligible for release under this section. An	2880
offender serving a stated prison term of one year or more that	2881
includes one or more restricting prison terms and one or more	2882
eligible prison terms becomes eligible for release under this	2883
section after having fully served all restricting prison terms and	2884
having served eighty per cent of the stated prison term that	2885
remains to be served after all restricting prison terms have been	2886
fully served. An offender serving a stated prison term that	2887
consists solely of one or more eligible prison terms becomes	2888
eligible for release under this section after having served eighty	2889
per cent of that stated prison term. For purposes of determining	2890
an offender's eligibility for release under this section, if the	2891
offender's stated prison term includes consecutive prison terms,	2892
any restricting prison terms shall be deemed served prior to any	2893
eligible prison terms that run consecutively to the restricting	2894
prison terms, and the eligible prison terms are deemed to commence	2895
after all of the restricting prison terms have been fully served.	2896

An offender serving a stated prison term of one year or more	2897
that includes a mandatory prison term that is not a disqualifying	2898
prison term and is not a restricting prison term is not	2899
automatically ineligible as a result of the offender's service of	2900
that mandatory term for release from prison under this section,	2901
and the offender's eligibility for release from prison under this	2902
section is determined in accordance with this division.	2903

(2) If an offender confined in a state correctional	2904
institution under a stated prison term is eligible for release	2905
under this section as described in division (C)(1) of this	2906
section, the director of the department of rehabilitation and	2907
correction may recommend in writing that the sentencing court	2908
consider releasing the offender from prison under this section by	2909
submitting to the sentencing court the written notice described in	2910
division (B) of this section.	2911

(D) The director shall include with any notice submitted to	2912
the sentencing court under division (B) of this section an	2913
institutional summary report that covers the offender's	2914
participation while confined in a state correctional institution	2915
in school, training, work, treatment, and other rehabilitative	2916
activities and any disciplinary action taken against the offender	2917
while so confined. The director shall include with the notice any	2918
other documentation requested by the court, if available.	2919

(E)(1) When the director submits a written notice to a	2920
sentencing court that an offender is eligible to be considered for	2921
early release under this section, the department promptly shall	2922
provide to the prosecuting attorney of the county in which the	2923
offender was indicted a copy of the written notice, a copy of the	2924
institutional summary report, and any other information provided	2925
to the court and shall provide a copy of the institutional summary	2926
report to any law enforcement agency that requests the report. The	2927
department also promptly shall givedo whichever of the following	2928
is applicable:	2929

(a) Subject to division (E)(1)(b) of this section, give	2930
written notice of the submission to any victim of the offender or	2931
victim's representative of any victim of the offender who is	2932
registered with the office of victim's services.	2933

(b) If the offense was aggravated murder, murder, an offense	2934
of violence that is a felony of the first, second, or third	2935
degree, or an offense punished by a sentence of life imprisonment,	2936
except as otherwise provided in this division, notify the victim	2937
or the victim's representative of the filing of the petition	2938
regardless of whether the victim or victim's representative has	2939
registered with the office of victim's services. The notice of the	2940
filing of the petition shall not be given under this division to a	2941
victim or victim's representative if the victim or victim's	2942
representative has requested pursuant to division (B)(2) of	2943
section 2930.03 of the Revised Code that the victim or the	2944
victim's representative not be provided the notice. If notice is	2945
to be provided to a victim or victim's representative under this	2946
division, the department may give the notice by any reasonable	2947
means, including regular mail, telephone, and electronic mail, in	2948
accordance with division (D)(1) of section 2930.16 of the Revised	2949
Code. If the notice is based on an offense committed prior to the	2950
effective date of this amendment, the notice also shall include	2951
the opt-out information described in division (D)(1) of section	2952
2930.16 of the Revised Code. The department, in accordance with	2953
division (D)(2) of section 2930.16 of the Revised Code, shall keep	2954
a record of all attempts to provide the notice, and of all notices	2955
provided, under this division.	2956

Division (E)(1)(b) of this section, and the notice-related	2957
provisions of divisions (E)(2) and (K) of section 2929.20,	2958
division (D)(1) of section 2930.16, division (H) of section	2959
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of	2960
section 2967.28, and division (A)(2) of section 5149.101 of the	2961
Revised Code enacted in the act in which division (E)(2) of this	2962
section was enacted, shall be known as "Roberta's Law."	2963

The(2) When the director submits a petition under this	2964
section, the department also promptly shall post a copy of the	2965
written notice on the database it maintains under section 5120.66	2966
of the Revised Code and include information on where a person may	2967
send comments regarding the recommendation of early release.	2968

The information provided to the court, the prosecutor, and	2969
the victim or victim's representative under divisions (D) and (E)	2970
of this section shall include the name and contact information of	2971
a specific department of rehabilitation and correction employee	2972
who is available to answer questions about the offender who is the	2973
subject of the written notice submitted by the director,	2974
including, but not limited to, the offender's institutional	2975
conduct and rehabilitative activities while incarcerated.	2976

(F) Upon receipt of a written notice submitted by the	2977
director under division (B) of this section, the court either	2978
shall, on its own motion, schedule a hearing to consider releasing	2979
the offender who is the subject of the notice or shall inform the	2980
department that it will not be conducting a hearing relative to	2981
the offender. The court shall not grant an early release to an	2982
offender without holding a hearing. If a court declines to hold a	2983
hearing relative to an offender with respect to a written notice	2984
submitted by the director, the court may later consider release of	2985
that offender under this section on its own motion by scheduling a	2986
hearing for that purpose. Within thirty days after the written	2987
notice is submitted, the court shall inform the department whether	2988
or not the court is scheduling a hearing on the offender who is	2989
the subject of the notice.	2990

(G) If the court schedules a hearing upon receiving a written	2991
notice submitted under division (B) of this section or upon its	2992
own motion under division (F) of this section, the court shall	2993
notify the head of the state correctional institution in which the	2994
offender is confined of the hearing prior to the hearing. If the	2995
court makes a journal entry ordering the offender to be conveyed	2996
to the hearing, except as otherwise provided in this division, the	2997
head of the correctional institution shall deliver the offender to	2998
the sheriff of the county in which the hearing is to be held, and	2999
the sheriff shall convey the offender to and from the hearing.	3000
Upon the court's own motion or the motion of the offender or the	3001
prosecuting attorney of the county in which the offender was	3002
indicted, the court may permit the offender to appear at the	3003
hearing by video conferencing equipment if equipment of that	3004
nature is available and compatible.	3005

Upon receipt of notice from a court of a hearing on the	3006
release of an offender under this division, the head of the state	3007
correctional institution in which the offender is confined	3008
immediately shall notify the appropriate person at the department	3009
of rehabilitation and correction of the hearing, and the	3010
department within twenty-four hours after receipt of the notice	3011
shall post on the database it maintains pursuant to section	3012
5120.66 of the Revised Code the offender's name and all of the	3013
information specified in division (A)(1)(c)(i) of that section. If	3014
the court schedules a hearing under this section, the court	3015
promptly shall give notice of the hearing to the prosecuting	3016
attorney of the county in which the offender was indicted. Upon	3017
receipt of the notice from the court, the prosecuting attorney	3018
shall notify pursuant to section 2930.16 of the Revised Code any	3019
victim of the offender or the victim's representative of the	3020
hearing.	3021

(H) If the court schedules a hearing under this section, at	3022
the hearing, the court shall afford the offender and the	3023
offender's attorney an opportunity to present written information	3024
and, if present, oral information relevant to the offender's early	3025
release. The court shall afford a similar opportunity to the	3026
prosecuting attorney, victim or victim's representative, as	3027
defined in section 2930.01 of the Revised Code, and any other	3028
person the court determines is likely to present additional	3029
relevant information. If the court pursuant to division (G) of	3030
this section permits the offender to appear at the hearing by	3031
video conferencing equipment, the offender's opportunity to	3032
present oral information shall be as a part of the video	3033
conferencing. The court shall consider any statement of a victim	3034
made under section 2930.14 or 2930.17 of the Revised Code, any	3035
victim impact statement prepared under section 2947.051 of the	3036
Revised Code, and any report and other documentation submitted by	3037
the director under division (D) of this section. After ruling on	3038
whether to grant the offender early release, the court shall	3039
notify the victim in accordance with sections 2930.03 and 2930.16	3040
of the Revised Code.	3041

(I) If the court grants an offender early release under this	3042
section, it shall order the release of the offender, shall place	3043
the offender under one or more appropriate community control	3044
sanctions, under appropriate conditions, and under the supervision	3045
of the department of probation that serves the court, and shall	3046
reserve the right to reimpose the sentence that it reduced and	3047
from which the offender was released if the offender violates the	3048
sanction. The court shall not make a release under this section	3049
effective prior to the date on which the offender becomes eligible	3050
as described in division (C) of this section. If the sentence	3051
under which the offender is confined in a state correctional	3052
institution and from which the offender is being released was	3053
imposed for a felony of the first or second degree, the court	3054
shall consider ordering that the offender be monitored by means of	3055
a global positioning device. If the court reimposes the sentence	3056
that it reduced and from which the offender was released and if	3057
the violation of the sanction is a new offense, the court may	3058
order that the reimposed sentence be served either concurrently	3059
with, or consecutive to, any new sentence imposed upon the	3060
offender as a result of the violation that is a new offense. The	3061
period of all community control sanctions imposed under this	3062
division shall not exceed five years. The court, in its	3063
discretion, may reduce the period of community control sanctions	3064
by the amount of time the offender spent in jail or prison for the	3065
offense.	3066

If the court grants an offender early release under this	3067
section, it shall notify the appropriate person at the department	3068
of rehabilitation and correction of the release, and the	3069
department shall post notice of the release on the database it	3070
maintains pursuant to section 5120.66 of the Revised Code.	3071

(J) The department shall adopt under Chapter 119. of the	3072
Revised Code any rules necessary to implement this section.	3073

Sec. 2967.26.  (A)(1) The department of rehabilitation and	3074
correction, by rule, may establish a transitional control program	3075
for the purpose of closely monitoring a prisoner's adjustment to	3076
community supervision during the final one hundred eighty days of	3077
the prisoner's confinement. If the department establishes a	3078
transitional control program under this division, the division of	3079
parole and community services of the department of rehabilitation	3080
and correction may transfer eligible prisoners to transitional	3081
control status under the program during the final one hundred	3082
eighty days of their confinement and under the terms and	3083
conditions established by the department, shall provide for the	3084
confinement as provided in this division of each eligible prisoner	3085
so transferred, and shall supervise each eligible prisoner so	3086
transferred in one or more community control sanctions. Each	3087
eligible prisoner who is transferred to transitional control	3088
status under the program shall be confined in a suitable facility	3089
that is licensed pursuant to division (C) of section 2967.14 of	3090
the Revised Code, or shall be confined in a residence the	3091
department has approved for this purpose and be monitored pursuant	3092
to an electronic monitoring device, as defined in section 2929.01	3093
of the Revised Code. If the department establishes a transitional	3094
control program under this division, the rules establishing the	3095
program shall include criteria that define which prisoners are	3096
eligible for the program, criteria that must be satisfied to be	3097
approved as a residence that may be used for confinement under the	3098
program of a prisoner that is transferred to it and procedures for	3099
the department to approve residences that satisfy those criteria,	3100
and provisions of the type described in division (C) of this	3101
section. At a minimum, the criteria that define which prisoners	3102
are eligible for the program shall provide all of the following:	3103

(a) That a prisoner is eligible for the program if the	3104
prisoner is serving a prison term or term of imprisonment for an	3105
offense committed prior to March 17, 1998, and if, at the time at	3106
which eligibility is being determined, the prisoner would have	3107
been eligible for a furlough under this section as it existed	3108
immediately prior to March 17, 1998, or would have been eligible	3109
for conditional release under former section 2967.23 of the	3110
Revised Code as that section existed immediately prior to March	3111
17, 1998;	3112

(b) That no prisoner who is serving a mandatory prison term	3113
is eligible for the program until after expiration of the	3114
mandatory term;	3115

(c) That no prisoner who is serving a prison term or term of	3116
life imprisonment without parole imposed pursuant to section	3117
2971.03 of the Revised Code is eligible for the program.	3118

(2) At least three weekssixty days prior to transferring to	3119
transitional control under this section a prisoner who is serving	3120
a term of imprisonment or prison term for an offense committed on	3121
or after July 1, 1996, the division of parole and community	3122
services of the department of rehabilitation and correction shall	3123
give notice of the pendency of the transfer to transitional	3124
control to the court of common pleas of the county in which the	3125
indictment against the prisoner was found and of the fact that the	3126
court may disapprove the transfer of the prisoner to transitional	3127
control and shall include athe institutional summary report	3128
prepared by the head of the state correctional institution in	3129
which the prisoner is confined. The head of the state correctional	3130
institution in which the prisoner is confined, upon the request of	3131
the division of parole and community services, shall provide to	3132
the division for inclusion in the notice sent to the court under	3133
this division aan institutional summary report on the prisoner's	3134
conduct in the institution and in any institution from which the	3135
prisoner may have been transferred. The institutional summary	3136
report shall cover the prisoner's participation in school,	3137
vocational training, work, treatment, and other rehabilitative	3138
activities and any disciplinary action taken against the prisoner.	3139
If the court disapproves of the transfer of the prisoner to	3140
transitional control, the court shall notify the division of the	3141
disapproval within thirty days after receipt of the notice. If the	3142
court timely disapproves the transfer of the prisoner to	3143
transitional control, the division shall not proceed with the	3144
transfer. If the court does not timely disapprove the transfer of	3145
the prisoner to transitional control, the division may transfer	3146
the prisoner to transitional control.	3147

(3)(a) If the victim of an offense for which a prisoner was	3148
sentenced to a prison term or term of imprisonment has requested	3149
notification under section 2930.16 of the Revised Code and has	3150
provided the department of rehabilitation and correction with the	3151
victim's name and address or if division (A)(3)(b) of this section	3152
applies, the division of parole and community services, at least	3153
three weekssixty days prior to transferring the prisoner to	3154
transitional control pursuant to this section, shall notify the	3155
victim of the pendency of the transfer and of the victim's right	3156
to submit a statement to the division regarding the impact of the	3157
transfer of the prisoner to transitional control. If the victim	3158
subsequently submits a statement of that nature to the division,	3159
the division shall consider the statement in deciding whether to	3160
transfer the prisoner to transitional control.	3161

(b) If a prisoner is incarcerated for the commission of	3162
aggravated murder, murder, or an offense of violence that is a	3163
felony of the first, second, or third degree or under a sentence	3164
of life imprisonment, except as otherwise provided in this	3165
division, the notice described in division (A)(3)(a) of this	3166
section shall be given regardless of whether the victim has	3167
requested the notification. The notice described in division	3168
(A)(3)(a) of this section shall not be given under this division	3169
to a victim if the victim has requested pursuant to division	3170
(B)(2) of section 2930.03 of the Revised Code that the victim not	3171
be provided the notice. If notice is to be provided to a victim	3172
under this division, the authority may give the notice by any	3173
reasonable means, including regular mail, telephone, and	3174
electronic mail, in accordance with division (D)(1) of section	3175
2930.16 of the Revised Code. If the notice is based on an offense	3176
committed prior to the effective date of this amendment, the	3177
notice also shall include the opt-out information described in	3178
division (D)(1) of section 2930.16 of the Revised Code. The	3179
authority, in accordance with division (D)(2) of section 2930.16	3180
of the Revised Code, shall keep a record of all attempts to	3181
provide the notice, and of all notices provided, under this	3182
division.	3183

Division (A)(3)(b) of this section, and the notice-related	3184
provisions of divisions (E)(2) and (K) of section 2929.20,	3185
division (D)(1) of section 2930.16, division (H) of section	3186
2967.12, division (E)(1)(b) of section 2967.19, division (D)(1) of	3187
section 2967.28, and division (A)(2) of section 5149.101 of the	3188
Revised Code enacted in the act in which division (A)(3)(b) of	3189
this section was enacted, shall be known as "Roberta's Law."	3190

(4) The department of rehabilitation and correction, at least	3191
three weekssixty days prior to transferring a prisoner to	3192
transitional control pursuant to this section, shall post on the	3193
database it maintains pursuant to section 5120.66 of the Revised	3194
Code the prisoner's name and all of the information specified in	3195
division (A)(1)(c)(iv) of that section. In addition to and	3196
independent of the right of a victim to submit a statement as	3197
described in division (A)(3) of this section or to otherwise make	3198
a statement and in addition to and independent of any other right	3199
or duty of a person to present information or make a statement,	3200
any person may send to the division of parole and community	3201
services at any time prior to the division's transfer of the	3202
prisoner to transitional control a written statement regarding the	3203
transfer of the prisoner to transitional control. In addition to	3204
the information, reports, and statements it considers under	3205
divisions (A)(2) and (3) of this section or that it otherwise	3206
considers, the division shall consider each statement submitted in	3207
accordance with this division in deciding whether to transfer the	3208
prisoner to transitional control.	3209

(B) Each prisoner transferred to transitional control under	3210
this section shall be confined in the manner described in division	3211
(A) of this section during any period of time that the prisoner is	3212
not actually working at the prisoner's approved employment,	3213
engaged in a vocational training or another educational program,	3214
engaged in another program designated by the director, or engaged	3215
in other activities approved by the department.	3216

(C) The department of rehabilitation and correction shall	3217
adopt rules for transferring eligible prisoners to transitional	3218
control, supervising and confining prisoners so transferred,	3219
administering the transitional control program in accordance with	3220
this section, and using the moneys deposited into the transitional	3221
control fund established under division (E) of this section.	3222

(D) The department of rehabilitation and correction may adopt	3223
rules for the issuance of passes for the limited purposes	3224
described in this division to prisoners who are transferred to	3225
transitional control under this section. If the department adopts	3226
rules of that nature, the rules shall govern the granting of the	3227
passes and shall provide for the supervision of prisoners who are	3228
temporarily released pursuant to one of those passes. Upon the	3229
adoption of rules under this division, the department may issue	3230
passes to prisoners who are transferred to transitional control	3231
status under this section in accordance with the rules and the	3232
provisions of this division. All passes issued under this division	3233
shall be for a maximum of forty-eight hours and may be issued only	3234
for the following purposes:	3235

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

3236

(2) To have a private viewing of the body of a deceased	3237
relative;	3238

(3) To visit with family;

3239

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

3240

(E) The division of parole and community services may require	3241
a prisoner who is transferred to transitional control to pay to	3242
the division the reasonable expenses incurred by the division in	3243
supervising or confining the prisoner while under transitional	3244
control. Inability to pay those reasonable expenses shall not be	3245
grounds for refusing to transfer an otherwise eligible prisoner to	3246
transitional control. Amounts received by the division of parole	3247
and community services under this division shall be deposited into	3248
the transitional control fund, which is hereby created in the	3249
state treasury and which hereby replaces and succeeds the furlough	3250
services fund that formerly existed in the state treasury. All	3251
moneys that remain in the furlough services fund on March 17,	3252
1998, shall be transferred on that date to the transitional	3253
control fund. The transitional control fund shall be used solely	3254
to pay costs related to the operation of the transitional control	3255
program established under this section. The director of	3256
rehabilitation and correction shall adopt rules in accordance with	3257
section 111.15 of the Revised Code for the use of the fund.	3258

(F) A prisoner who violates any rule established by the	3259
department of rehabilitation and correction under division (A),	3260
(C), or (D) of this section may be transferred to a state	3261
correctional institution pursuant to rules adopted under division	3262
(A), (C), or (D) of this section, but the prisoner shall receive	3263
credit towards completing the prisoner's sentence for the time	3264
spent under transitional control.	3265

If a prisoner is transferred to transitional control under	3266
this section, upon successful completion of the period of	3267
transitional control, the prisoner may be released on parole or	3268
under post-release control pursuant to section 2967.13 or 2967.28	3269
of the Revised Code and rules adopted by the department of	3270
rehabilitation and correction. If the prisoner is released under	3271
post-release control, the duration of the post-release control,	3272
the type of post-release control sanctions that may be imposed,	3273
the enforcement of the sanctions, and the treatment of prisoners	3274
who violate any sanction applicable to the prisoner are governed	3275
by section 2967.28 of the Revised Code.	3276

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

3277

(1) "Monitored time" means the monitored time sanction	3278
specified in section 2929.17 of the Revised Code.	3279

(2) "Deadly weapon" and "dangerous ordnance" have the same	3280
meanings as in section 2923.11 of the Revised Code.	3281

(3) "Felony sex offense" means a violation of a section	3282
contained in Chapter 2907. of the Revised Code that is a felony.	3283

(4) "Risk reduction sentence" means a prison term imposed by	3284
a court, when the court recommends pursuant to section 2929.143 of	3285
the Revised Code that the offender serve the sentence under	3286
section 5120.036 of the Revised Code, and the offender may	3287
potentially be released from imprisonment prior to the expiration	3288
of the prison term if the offender successfully completes all	3289
assessment and treatment or programming required by the department	3290
of rehabilitation and correction under section 5120.036 of the	3291
Revised Code.	3292

(5) "Victim's immediate family" has the same meaning as in	3293
section 2967.12 of the Revised Code.	3294

(B) Each sentence to a prison term for a felony of the first	3295
degree, for a felony of the second degree, for a felony sex	3296
offense, or for a felony of the third degree that is an offense of	3297
violence and is not a felony sex offense and in the commission of	3298
which the offender caused or threatened to cause physical harm to	3299
a person shall include a requirement that the offender be subject	3300
to a period of post-release control imposed by the parole board	3301
after the offender's release from imprisonment. This division	3302
applies with respect to all prison terms of a type described in	3303
this division, including a term of any such type that is a risk	3304
reduction sentence. If a court imposes a sentence including a	3305
prison term of a type described in this division on or after July	3306
11, 2006, the failure of a sentencing court to notify the offender	3307
pursuant to division (B)(2)(c) of section 2929.19 of the Revised	3308
Code of this requirement or to include in the judgment of	3309
conviction entered on the journal a statement that the offender's	3310
sentence includes this requirement does not negate, limit, or	3311
otherwise affect the mandatory period of supervision that is	3312
required for the offender under this division. Section 2929.191 of	3313
the Revised Code applies if, prior to July 11, 2006, a court	3314
imposed a sentence including a prison term of a type described in	3315
this division and failed to notify the offender pursuant to	3316
division (B)(2)(c) of section 2929.19 of the Revised Code	3317
regarding post-release control or to include in the judgment of	3318
conviction entered on the journal or in the sentence pursuant to	3319
division (D)(1) of section 2929.14 of the Revised Code a statement	3320
regarding post-release control. Unless reduced by the parole board	3321
pursuant to division (D) of this section when authorized under	3322
that division, a period of post-release control required by this	3323
division for an offender shall be of one of the following periods:	3324

(1) For a felony of the first degree or for a felony sex	3325
offense, five years;	3326

(2) For a felony of the second degree that is not a felony	3327
sex offense, three years;	3328

(3) For a felony of the third degree that is an offense of	3329
violence and is not a felony sex offense and in the commission of	3330
which the offender caused or threatened physical harm to a person,	3331
three years.	3332

(C) Any sentence to a prison term for a felony of the third,	3333
fourth, or fifth degree that is not subject to division (B)(1) or	3334
(3) of this section shall include a requirement that the offender	3335
be subject to a period of post-release control of up to three	3336
years after the offender's release from imprisonment, if the	3337
parole board, in accordance with division (D) of this section,	3338
determines that a period of post-release control is necessary for	3339
that offender. This division applies with respect to all prison	3340
terms of a type described in this division, including a term of	3341
any such type that is a risk reduction sentence. Section 2929.191	3342
of the Revised Code applies if, prior to July 11, 2006, a court	3343
imposed a sentence including a prison term of a type described in	3344
this division and failed to notify the offender pursuant to	3345
division (B)(2)(d) of section 2929.19 of the Revised Code	3346
regarding post-release control or to include in the judgment of	3347
conviction entered on the journal or in the sentence pursuant to	3348
division (D)(2) of section 2929.14 of the Revised Code a statement	3349
regarding post-release control. Pursuant to an agreement entered	3350
into under section 2967.29 of the Revised Code, a court of common	3351
pleas or parole board may impose sanctions or conditions on an	3352
offender who is placed on post-release control under this	3353
division.	3354

(D)(1) Before the prisoner is released from imprisonment, the	3355
parole board or, pursuant to an agreement under section 2967.29 of	3356
the Revised Code, the court shall impose upon a prisoner described	3357
in division (B) of this section, shall impose upon a prisoner	3358
described in division (C) of this section who is to be released	3359
before the expiration of the prisoner's stated prison term under a	3360
risk reduction sentence, may impose upon a prisoner described in	3361
division (C) of this section who is not to be released before the	3362
expiration of the prisoner's stated prison term under a risk	3363
reduction sentence, and shall impose upon a prisoner described in	3364
division (B)(2)(b) of section 5120.031 or in division (B)(1) of	3365
section 5120.032 of the Revised Code, one or more post-release	3366
control sanctions to apply during the prisoner's period of	3367
post-release control. Whenever the board or court imposes one or	3368
more post-release control sanctions upon a prisoner, the board or	3369
court, in addition to imposing the sanctions, also shall include	3370
as a condition of the post-release control that the offender not	3371
leave the state without permission of the court or the offender's	3372
parole or probation officer and that the offender abide by the	3373
law. The board or court may impose any other conditions of release	3374
under a post-release control sanction that the board or court	3375
considers appropriate, and the conditions of release may include	3376
any community residential sanction, community nonresidential	3377
sanction, or financial sanction that the sentencing court was	3378
authorized to impose pursuant to sections 2929.16, 2929.17, and	3379
2929.18 of the Revised Code. Prior to the release of a prisoner	3380
for whom it will impose one or more post-release control sanctions	3381
under this division, the parole board or court shall review the	3382
prisoner's criminal history, results from the single validated	3383
risk assessment tool selected by the department of rehabilitation	3384
and correction under section 5120.114 of the Revised Code, all	3385
juvenile court adjudications finding the prisoner, while a	3386
juvenile, to be a delinquent child, and the record of the	3387
prisoner's conduct while imprisoned. The parole board or court	3388
shall consider any recommendation regarding post-release control	3389
sanctions for the prisoner made by the office of victims'	3390
services. After considering those materials, the board or court	3391
shall determine, for a prisoner described in division (B) of this	3392
section, division (B)(2)(b) of section 5120.031, or division	3393
(B)(1) of section 5120.032 of the Revised Code and for a prisoner	3394
described in division (C) of this section who is to be released	3395
before the expiration of the prisoner's stated prison term under a	3396
risk reduction sentence, which post-release control sanction or	3397
combination of post-release control sanctions is reasonable under	3398
the circumstances or, for a prisoner described in division (C) of	3399
this section who is not to be released before the expiration of	3400
the prisoner's stated prison term under a risk reduction sentence,	3401
whether a post-release control sanction is necessary and, if so,	3402
which post-release control sanction or combination of post-release	3403
control sanctions is reasonable under the circumstances. In the	3404
case of a prisoner convicted of a felony of the fourth or fifth	3405
degree other than a felony sex offense, the board or court shall	3406
presume that monitored time is the appropriate post-release	3407
control sanction unless the board or court determines that a more	3408
restrictive sanction is warranted. A post-release control sanction	3409
imposed under this division takes effect upon the prisoner's	3410
release from imprisonment.	3411

Regardless of whether the prisoner was sentenced to the	3412
prison term prior to, on, or after July 11, 2006, prior to the	3413
release of a prisoner for whom it will impose one or more	3414
post-release control sanctions under this division, the parole	3415
board shall notify the prisoner that, if the prisoner violates any	3416
sanction so imposed or any condition of post-release control	3417
described in division (B) of section 2967.131 of the Revised Code	3418
that is imposed on the prisoner, the parole board may impose a	3419
prison term of up to one-half of the stated prison term originally	3420
imposed upon the prisoner.	3421

At least thirty days before the prisoner is released from	3422
imprisonment, except as otherwise provided in this paragraph, the	3423
department of rehabilitation and correction shall notify the	3424
victim and the victim's immediate family of the date on which the	3425
prisoner will be released, the period for which the prisoner will	3426
be under post-release control supervision, and the terms and	3427
conditions of the prisoner's post-release control regardless of	3428
whether the victim or victim's immediate family has requested the	3429
notification. The notice described in this paragraph shall not be	3430
given to a victim or victim's immediate family if the victim or	3431
the victim's immediate family has requested pursuant to division	3432
(B)(2) of section 2930.03 of the Revised Code that the notice not	3433
be provided to the victim or the victim's immediate family. At	3434
least thirty days before the prisoner is released from	3435
imprisonment and regardless of whether the victim or victim's	3436
immediate family has requested that the notice described in this	3437
paragraph be provided or not be provided to the victim or the	3438
victim's immediate family, the department also shall provide	3439
notice of that nature to the prosecuting attorney in the case and	3440
the law enforcement agency that arrested the prisoner if any	3441
officer of that agency was a victim of the offense.	3442

If the notice given under the preceding paragraph to the	3443
victim or the victim's immediate family is based on an offense	3444
committed prior to the effective date of this amendment and if the	3445
department of rehabilitation and correction has not previously	3446
successfully provided any notice to the victim or the victim's	3447
immediate family under division (B), (C), or (D) of section	3448
2930.16 of the Revised Code with respect to that offense and the	3449
offender who committed it, the notice also shall inform the victim	3450
or the victim's immediate family that the victim or the victim's	3451
immediate family may request that the victim or the victim's	3452
immediate family not be provided any further notices with respect	3453
to that offense and the offender who committed it and shall	3454
describe the procedure for making that request. The department may	3455
give the notices to which the preceding paragraph applies by any	3456
reasonable means, including regular mail, telephone, and	3457
electronic mail. If the department attempts to provide notice to	3458
any specified person under the preceding paragraph but the attempt	3459
is unsuccessful because the department is unable to locate the	3460
specified person, is unable to provide the notice by its chosen	3461
method because it cannot determine the mailing address, electronic	3462
mail address, or telephone number at which to provide the notice,	3463
or, if the notice is sent by mail, the notice is returned, the	3464
department shall make another attempt to provide the notice to the	3465
specified person. If the second attempt is unsuccessful, the	3466
department shall make at least one more attempt to provide the	3467
notice. If the notice is based on an offense committed prior to	3468
the effective date of this amendment, in each attempt to provide	3469
the notice to the victim or victim's immediate family, the notice	3470
shall include the opt-out information described in this paragraph.	3471
The department, in the manner described in division (D)(2) of	3472
section 2930.16 of the Revised Code, shall keep a record of all	3473
attempts to provide the notice, and of all notices provided, under	3474
this paragraph and the preceding paragraph. The record shall be	3475
considered as if it was kept under division (D)(2) of section	3476
2930.16 of the Revised Code. This paragraph, the preceding	3477
paragraph, and the notice-related provisions of divisions (E)(2)	3478
and (K) of section 2929.20, division (D)(1) of section 2930.16,	3479
division (H) of section 2967.12, division (E)(1)(b) of section	3480
2967.19, division (A)(3)(b) of section 2967.26, and division	3481
(A)(2) of section 5149.101 of the Revised Code enacted in the act	3482
in which this paragraph and the preceding paragraph were enacted,	3483
shall be known as "Roberta's Law."	3484

(2) If a prisoner who is placed on post-release control under	3485
this section is released before the expiration of the prisoner's	3486
stated prison term by reason of credit earned under section	3487
2967.193 of the Revised Code and if the prisoner earned sixty or	3488
more days of credit, the adult parole authority shall supervise	3489
the offender with an active global positioning system device for	3490
the first fourteen days after the offender's release from	3491
imprisonment. This division does not prohibit or limit the	3492
imposition of any post-release control sanction otherwise	3493
authorized by this section.	3494

(3) At any time after a prisoner is released from	3495
imprisonment and during the period of post-release control	3496
applicable to the releasee, the adult parole authority or,	3497
pursuant to an agreement under section 2967.29 of the Revised	3498
Code, the court may review the releasee's behavior under the	3499
post-release control sanctions imposed upon the releasee under	3500
this section. The authority or court may determine, based upon the	3501
review and in accordance with the standards established under	3502
division (E) of this section, that a more restrictive or a less	3503
restrictive sanction is appropriate and may impose a different	3504
sanction. The authority also may recommend that the parole board	3505
or court increase or reduce the duration of the period of	3506
post-release control imposed by the court. If the authority	3507
recommends that the board or court increase the duration of	3508
post-release control, the board or court shall review the	3509
releasee's behavior and may increase the duration of the period of	3510
post-release control imposed by the court up to eight years. If	3511
the authority recommends that the board or court reduce the	3512
duration of control for an offense described in division (B) or	3513
(C) of this section, the board or court shall review the	3514
releasee's behavior and may reduce the duration of the period of	3515
control imposed by the court. In no case shall the board or court	3516
reduce the duration of the period of control imposed for an	3517
offense described in division (B)(1) of this section to a period	3518
less than the length of the stated prison term originally imposed,	3519
and in no case shall the board or court permit the releasee to	3520
leave the state without permission of the court or the releasee's	3521
parole or probation officer.	3522

(E) The department of rehabilitation and correction, in	3523
accordance with Chapter 119. of the Revised Code, shall adopt	3524
rules that do all of the following:	3525

(1) Establish standards for the imposition by the parole	3526
board of post-release control sanctions under this section that	3527
are consistent with the overriding purposes and sentencing	3528
principles set forth in section 2929.11 of the Revised Code and	3529
that are appropriate to the needs of releasees;	3530

(2) Establish standards that provide for a period of	3531
post-release control of up to three years for all prisoners	3532
described in division (C) of this section who are to be released	3533
before the expiration of their stated prison term under a risk	3534
reduction sentence and standards by which the parole board can	3535
determine which prisoners described in division (C) of this	3536
section who are not to be released before the expiration of their	3537
stated prison term under a risk reduction sentence should be	3538
placed under a period of post-release control;	3539

(3) Establish standards to be used by the parole board in	3540
reducing the duration of the period of post-release control	3541
imposed by the court when authorized under division (D) of this	3542
section, in imposing a more restrictive post-release control	3543
sanction than monitored time upon a prisoner convicted of a felony	3544
of the fourth or fifth degree other than a felony sex offense, or	3545
in imposing a less restrictive control sanction upon a releasee	3546
based on the releasee's activities including, but not limited to,	3547
remaining free from criminal activity and from the abuse of	3548
alcohol or other drugs, successfully participating in approved	3549
rehabilitation programs, maintaining employment, and paying	3550
restitution to the victim or meeting the terms of other financial	3551
sanctions;	3552

(4) Establish standards to be used by the adult parole	3553
authority in modifying a releasee's post-release control sanctions	3554
pursuant to division (D)(2) of this section;	3555

(5) Establish standards to be used by the adult parole	3556
authority or parole board in imposing further sanctions under	3557
division (F) of this section on releasees who violate post-release	3558
control sanctions, including standards that do the following:	3559

(a) Classify violations according to the degree of	3560
seriousness;	3561

(b) Define the circumstances under which formal action by the	3562
parole board is warranted;	3563

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

3564

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

3565

(e) Prescribe nonresidential community control sanctions for	3566
most misdemeanor and technical violations;	3567

(f) Provide procedures for the return of a releasee to	3568
imprisonment for violations of post-release control.	3569

(F)(1) Whenever the parole board imposes one or more	3570
post-release control sanctions upon an offender under this	3571
section, the offender upon release from imprisonment shall be	3572
under the general jurisdiction of the adult parole authority and	3573
generally shall be supervised by the field services section	3574
through its staff of parole and field officers as described in	3575
section 5149.04 of the Revised Code, as if the offender had been	3576
placed on parole. If the offender upon release from imprisonment	3577
violates the post-release control sanction or any conditions	3578
described in division (A) of section 2967.131 of the Revised Code	3579
that are imposed on the offender, the public or private person or	3580
entity that operates or administers the sanction or the program or	3581
activity that comprises the sanction shall report the violation	3582
directly to the adult parole authority or to the officer of the	3583
authority who supervises the offender. The authority's officers	3584
may treat the offender as if the offender were on parole and in	3585
violation of the parole, and otherwise shall comply with this	3586
section.	3587

(2) If the adult parole authority or, pursuant to an	3588
agreement under section 2967.29 of the Revised Code, the court	3589
determines that a releasee has violated a post-release control	3590
sanction or any conditions described in division (A) of section	3591
2967.131 of the Revised Code imposed upon the releasee and that a	3592
more restrictive sanction is appropriate, the authority or court	3593
may impose a more restrictive sanction upon the releasee, in	3594
accordance with the standards established under division (E) of	3595
this section or in accordance with the agreement made under	3596
section 2967.29 of the Revised Code, or may report the violation	3597
to the parole board for a hearing pursuant to division (F)(3) of	3598
this section. The authority or court may not, pursuant to this	3599
division, increase the duration of the releasee's post-release	3600
control or impose as a post-release control sanction a residential	3601
sanction that includes a prison term, but the authority or court	3602
may impose on the releasee any other residential sanction,	3603
nonresidential sanction, or financial sanction that the sentencing	3604
court was authorized to impose pursuant to sections 2929.16,	3605
2929.17, and 2929.18 of the Revised Code.	3606

(3) The parole board or, pursuant to an agreement under	3607
section 2967.29 of the Revised Code, the court may hold a hearing	3608
on any alleged violation by a releasee of a post-release control	3609
sanction or any conditions described in division (A) of section	3610
2967.131 of the Revised Code that are imposed upon the releasee.	3611
If after the hearing the board or court finds that the releasee	3612
violated the sanction or condition, the board or court may	3613
increase the duration of the releasee's post-release control up to	3614
the maximum duration authorized by division (B) or (C) of this	3615
section or impose a more restrictive post-release control	3616
sanction. When appropriate, the board or court may impose as a	3617
post-release control sanction a residential sanction that includes	3618
a prison term. The board or court shall consider a prison term as	3619
a post-release control sanction imposed for a violation of	3620
post-release control when the violation involves a deadly weapon	3621
or dangerous ordnance, physical harm or attempted serious physical	3622
harm to a person, or sexual misconduct, or when the releasee	3623
committed repeated violations of post-release control sanctions.	3624
Unless a releasee's stated prison term was reduced pursuant to	3625
section 5120.032 of the Revised Code, the period of a prison term	3626
that is imposed as a post-release control sanction under this	3627
division shall not exceed nine months, and the maximum cumulative	3628
prison term for all violations under this division shall not	3629
exceed one-half of the stated prison term originally imposed upon	3630
the offender as part of this sentence. If a releasee's stated	3631
prison term was reduced pursuant to section 5120.032 of the	3632
Revised Code, the period of a prison term that is imposed as a	3633
post-release control sanction under this division and the maximum	3634
cumulative prison term for all violations under this division	3635
shall not exceed the period of time not served in prison under the	3636
sentence imposed by the court. The period of a prison term that is	3637
imposed as a post-release control sanction under this division	3638
shall not count as, or be credited toward, the remaining period of	3639
post-release control.	3640

If an offender is imprisoned for a felony committed while	3641
under post-release control supervision and is again released on	3642
post-release control for a period of time determined by division	3643
(F)(4)(d) of this section, the maximum cumulative prison term for	3644
all violations under this division shall not exceed one-half of	3645
the total stated prison terms of the earlier felony, reduced by	3646
any prison term administratively imposed by the parole board or	3647
court, plus one-half of the total stated prison term of the new	3648
felony.	3649

(4) Any period of post-release control shall commence upon an	3650
offender's actual release from prison. If an offender is serving	3651
an indefinite prison term or a life sentence in addition to a	3652
stated prison term, the offender shall serve the period of	3653
post-release control in the following manner:	3654

(a) If a period of post-release control is imposed upon the	3655
offender and if the offender also is subject to a period of parole	3656
under a life sentence or an indefinite sentence, and if the period	3657
of post-release control ends prior to the period of parole, the	3658
offender shall be supervised on parole. The offender shall receive	3659
credit for post-release control supervision during the period of	3660
parole. The offender is not eligible for final release under	3661
section 2967.16 of the Revised Code until the post-release control	3662
period otherwise would have ended.	3663

(b) If a period of post-release control is imposed upon the	3664
offender and if the offender also is subject to a period of parole	3665
under an indefinite sentence, and if the period of parole ends	3666
prior to the period of post-release control, the offender shall be	3667
supervised on post-release control. The requirements of parole	3668
supervision shall be satisfied during the post-release control	3669
period.	3670

(c) If an offender is subject to more than one period of	3671
post-release control, the period of post-release control for all	3672
of the sentences shall be the period of post-release control that	3673
expires last, as determined by the parole board or court. Periods	3674
of post-release control shall be served concurrently and shall not	3675
be imposed consecutively to each other.	3676

(d) The period of post-release control for a releasee who	3677
commits a felony while under post-release control for an earlier	3678
felony shall be the longer of the period of post-release control	3679
specified for the new felony under division (B) or (C) of this	3680
section or the time remaining under the period of post-release	3681
control imposed for the earlier felony as determined by the parole	3682
board or court.	3683

Sec. 2971.04.  (A) If an offender is serving a prison term	3684
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	3685
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	3686
the Revised Code, at any time after the offender has served the	3687
minimum term imposed under that sentence, the parole board may	3688
terminate its control over the offender's service of the prison	3689
term. The parole board initially shall determine whether to	3690
terminate its control over the offender's service of the prison	3691
term upon the completion of the offender's service of the minimum	3692
term under the sentence and shall make subsequent determinations	3693
at least once every two years after that first determination. The	3694
parole board shall not terminate its control over the offender's	3695
service of the prison term unless it finds at a hearing that the	3696
offender does not represent a substantial risk of physical harm to	3697
others. Upon the request of the prosecuting attorney or of any law	3698
enforcement agency, the board shall provide to the requesting	3699
prosecuting attorney and law enforcement agencies an institutional	3700
summary report prepared by the department of rehabilitation and	3701
correction that covers the offender's participation while confined	3702
in a state correctional institution in training, work, and other	3703
rehabilitative activities and any disciplinary action taken	3704
against the offender while so confined. Prior to determining	3705
whether to terminate its control over the offender's service of	3706
the prison term, the parole board shall request the department of	3707
rehabilitation and correction to prepare pursuant to section	3708
5120.61 of the Revised Code an update of the most recent risk	3709
assessment and report relative to the offender. The offender has	3710
the right to be present at any hearing held under this section. At	3711

At the hearing, the offender and the prosecuting attorney may	3712
make a statement and present evidence as to whether the parole	3713
board should terminate its control over the offender's service of	3714
the prison term. In making its determination as to whether to	3715
terminate its control over the offender's service of the prison	3716
term, the parole board may follow the standards and guidelines	3717
adopted by the department of rehabilitation and correction under	3718
section 5120.49 of the Revised Code and shall consider the updated	3719
risk assessment and report relating to the offender prepared by	3720
the department pursuant to section 5120.61 of the Revised Code in	3721
response to the request made under this division and any	3722
statements or evidence submitted by the offender or the	3723
prosecuting attorney. If the parole board terminates its control	3724
over an offender's service of a prison term imposed under division	3725
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3726
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	3727
Code, it shall recommend to the court modifications to the	3728
requirement that the offender serve the entire term in a state	3729
correctional institution. The court is not bound by the	3730
recommendations submitted by the parole board.	3731

(B) If the parole board terminates its control over an	3732
offender's service of a prison term imposed pursuant to division	3733
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3734
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	3735
Code, the parole board immediately shall provide written notice of	3736
its termination of control to the department of rehabilitation and	3737
correction, the court, and the prosecuting attorney, and, after	3738
the board's termination of its control, the court shall have	3739
control over the offender's service of that prison term.	3740

After the transfer, the court shall have control over the	3741
offender's service of that prison term for the offender's entire	3742
life, subject to the court's termination of the term pursuant to	3743
section 2971.05 of the Revised Code.	3744

(C) If control over the offender's service of the prison term	3745
is transferred to the court, all of the following apply:	3746

(1) The offender shall not be released solely as a result of	3747
the transfer of control over the service of that prison term.	3748

(2) The offender shall not be permitted solely as a result of	3749
the transfer to serve a portion of that term in a place other than	3750
a state correctional institution.	3751

(3) The offender shall continue serving that term in a state	3752
correctional institution, subject to the following:	3753

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

3754

(b) A modification or termination of the term by the court	3755
pursuant to this chapter.	3756

Sec. 2971.05.  (A)(1) After control over an offender's	3757
service of a prison term imposed pursuant to division (A)(3),	3758
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	3759
(c), or (d) of section 2971.03 of the Revised Code has been	3760
transferred pursuant to section 2971.04 of the Revised Code to the	3761
court, the court shall schedule, within thirty days of any of the	3762
following, a hearing on whether to modify in accordance with	3763
division (C) of this section the requirement that the offender	3764
serve the entire prison term in a state correctional institution	3765
or to terminate the prison term in accordance with division (D) of	3766
this section:	3767

(a) Control over the offender's service of a prison term is	3768
transferred pursuant to section 2971.04 of the Revised Code to the	3769
court, and no hearing to modify the requirement has been held;	3770

(b) Two years elapse after the most recent prior hearing held	3771
pursuant to division (A)(1) or (2) of this section;	3772

(c) The prosecuting attorney, the department of	3773
rehabilitation and correction, or the adult parole authority	3774
requests the hearing, and recommends that the requirement be	3775
modified or that the offender's prison term be terminated.	3776

(2) After control over the offender's service of a prison	3777
term has been transferred pursuant to section 2971.04 of the	3778
Revised Code to the court, the court, within thirty days of either	3779
of the following, shall conduct a hearing on whether to modify in	3780
accordance with division (C) of this section the requirement that	3781
the offender serve the entire prison term in a state correctional	3782
institution, whether to continue, revise, or revoke an existing	3783
modification of that requirement, or whether to terminate the term	3784
in accordance with division (D) of this section:	3785

(a) The requirement that the offender serve the entire prison	3786
term in a state correctional institution has been modified, and	3787
the offender is taken into custody for any reason.	3788

(b) The department of rehabilitation and correction or the	3789
prosecuting attorney notifies the court pursuant to section	3790
2971.06 of the Revised Code regarding a known or suspected	3791
violation of a term or condition of the modification or a belief	3792
that there is a substantial likelihood that the offender has	3793
committed or is about to commit a sexually violent offense.	3794

(3) After control over the offender's service of a prison	3795
term has been transferred pursuant to section 2971.04 of the	3796
Revised Code to the court, the court, in any of the following	3797
circumstances, may conduct a hearing within thirty days to	3798
determine whether to modify in accordance with division (C) of	3799
this section the requirement that the offender serve the entire	3800
prison term in a state correctional institution, whether to	3801
continue, revise, or revoke an existing modification of that	3802
requirement, or whether to terminate the sentence in accordance	3803
with division (D) of this section:	3804

(a) The offender requests the hearing;

3805

(b) Upon the court's own motion;

3806

(c) One or more examiners who have conducted a psychological	3807
examination and assessment of the offender file a statement that	3808
states that there no longer is a likelihood that the offender will	3809
engage in the future in a sexually violent offense.	3810

(B)(1) Before a court holds a hearing pursuant to division	3811
(A) of this section, the court shall provide notice of the date,	3812
time, place, and purpose of the hearing to the offender, the	3813
prosecuting attorney, the department of rehabilitation and	3814
correction, and the adult parole authority and shall request the	3815
department to prepare pursuant to section 5120.61 of the Revised	3816
Code an update of the most recent risk assessment and report	3817
relative to the offender. Upon the request of the prosecuting	3818
attorney or of any law enforcement agency, the department shall	3819
provide to the requesting prosecuting attorney and law enforcement	3820
agencies an institutional summary report prepared by the	3821
department that covers the offender's participation while confined	3822
in a state correctional institution in training, work, and other	3823
rehabilitative activities and any disciplinary action taken	3824
against the offender while so confined. The offender has the right	3825
to be present at any hearing held under this section. At the	3826
hearing, the offender and the prosecuting attorney may make a	3827
statement and present evidence as to whether the requirement that	3828
the offender serve the entire prison term in a state correctional	3829
institution should or should not be modified, whether the existing	3830
modification of the requirement should be continued, revised, or	3831
revoked, and whether the prison term should or should not be	3832
terminated.	3833

(2) At a hearing held pursuant to division (A) of this	3834
section, the court may and, if the hearing is held pursuant to	3835
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	3836
determine by clear and convincing evidence whether the offender is	3837
unlikely to commit a sexually violent offense in the future.	3838

(3) At the conclusion of the hearing held pursuant to	3839
division (A) of this section, the court may order that the	3840
requirement that the offender serve the entire prison term in a	3841
state correctional institution be continued, that the requirement	3842
be modified pursuant to division (C) of this section, that an	3843
existing modification be continued, revised, or revoked pursuant	3844
to division (C) of this section, or that the prison term be	3845
terminated pursuant to division (D) of this section.	3846

(C)(1) If, at the conclusion of a hearing held pursuant to	3847
division (A) of this section, the court determines by clear and	3848
convincing evidence that the offender will not represent a	3849
substantial risk of physical harm to others, the court may modify	3850
the requirement that the offender serve the entire prison term	3851
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	3852
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	3853
the Revised Code in a state correctional institution in a manner	3854
that the court considers appropriate. If the court modifies the	3855
requirement for an offender whose prison term was imposed pursuant	3856
to division (A)(3) of section 2971.03 of the Revised Code, the	3857
court shall order the adult parole authority to supervise the	3858
offender and shall require that the authority's supervision of the	3859
offender be pursuant to division (E) of this section. If the court	3860
modifies the requirement for an offender whose prison term was	3861
imposed pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b),	3862
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the	3863
Revised Code, the court shall order the adult parole authority to	3864
supervise the offender and may require that the authority's	3865
supervision of the offender be pursuant to division (E) of this	3866
section.	3867

(2) The modification of the requirement does not terminate	3868
the prison term but serves only to suspend the requirement that	3869
the offender serve the entire term in a state correctional	3870
institution. The prison term shall remain in effect for the	3871
offender's entire life unless the court terminates the prison term	3872
pursuant to division (D) of this section. The offender shall	3873
remain under the jurisdiction of the court for the offender's	3874
entire life unless the court so terminates the prison term. The	3875
modification of the requirement does not terminate the	3876
classification of the offender, as described in division (F) of	3877
section 2971.03 of the Revised Code, as a sexual predator for	3878
purposes of Chapter 2950. of the Revised Code, and the offender is	3879
subject to supervision, including supervision under division (E)	3880
of this section if the court required the supervision of the	3881
offender to be pursuant to that division.	3882

(3) If the court revokes the modification under	3883
consideration, the court shall order that the offender be returned	3884
to the custody of the department of rehabilitation and correction	3885
to continue serving the prison term to which the modification	3886
applied, and section 2971.06 of the Revised Code applies regarding	3887
the offender.	3888

(D)(1) If, at the conclusion of a hearing held pursuant to	3889
division (A) of this section, the court determines by clear and	3890
convincing evidence that the offender is unlikely to commit a	3891
sexually violent offense in the future, the court may terminate	3892
the offender's prison term imposed under division (A)(3),	3893
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	3894
(c), or (d) of section 2971.03 of the Revised Code, subject to the	3895
offender satisfactorily completing the period of conditional	3896
release required by this division and, if applicable, compliance	3897
with division (E) of this section. If the court terminates the	3898
prison term, the court shall place the offender on conditional	3899
release for five years, notify the adult parole authority of its	3900
determination and of the termination of the prison term, and order	3901
the adult parole authority to supervise the offender during the	3902
five-year period of conditional release or, if division (E)	3903
applies to the offender, to supervise the offender pursuant to and	3904
for the period of time specified in that division. If the court	3905
terminates the prison term for an offender whose prison term was	3906
imposed pursuant to division (A)(3) of section 2971.03 of the	3907
Revised Code, the court shall require that the authority's	3908
supervision of the offender be pursuant to division (E) of this	3909
section. If the court terminates the prison term for an offender	3910
whose prison term was imposed pursuant to division (B)(1)(a), (b),	3911
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	3912
section 2971.03 of the Revised Code, the court may require that	3913
the authority's supervision of the offender be pursuant to	3914
division (E) of this section. Upon receipt of a notice from a	3915
court pursuant to this division, the adult parole authority shall	3916
supervise the offender who is the subject of the notice during the	3917
five-year period of conditional release, periodically notify the	3918
court of the offender's activities during that five-year period of	3919
conditional release, and file with the court no later than thirty	3920
days prior to the expiration of the five-year period of	3921
conditional release a written recommendation as to whether the	3922
termination of the offender's prison term should be finalized,	3923
whether the period of conditional release should be extended, or	3924
whether another type of action authorized pursuant to this chapter	3925
should be taken.	3926

(2) Upon receipt of a recommendation of the adult parole	3927
authority filed pursuant to division (D)(1) of this section, the	3928
court shall hold a hearing to determine whether to finalize the	3929
termination of the offender's prison term, to extend the period of	3930
conditional release, or to take another type of action authorized	3931
pursuant to this chapter. The court shall hold the hearing no	3932
later than the date on which the five-year period of conditional	3933
release terminates and shall provide notice of the date, time,	3934
place, and purpose of the hearing to the offender and to the	3935
prosecuting attorney. At the hearing, the offender, the	3936
prosecuting attorney, and the adult parole authority employee who	3937
supervised the offender during the period of conditional release	3938
may make a statement and present evidence.	3939

If the court determines at the hearing to extend an	3940
offender's period of conditional release, it may do so for	3941
additional periods of one year in the same manner as the original	3942
period of conditional release, and, except as otherwise described	3943
in this division, all procedures and requirements that applied to	3944
the original period of conditional release apply to the additional	3945
period of extended conditional release unless the court modifies a	3946
procedure or requirement. If an offender's period of conditional	3947
release is extended as described in this division, all references	3948
to a five-year period of conditional release that are contained in	3949
division (D)(1) of this section shall be construed, in applying	3950
the provisions of that division to the extension, as being	3951
references to the one-year period of the extension of the	3952
conditional release.	3953

If the court determines at the hearing to take another type	3954
of action authorized pursuant to this chapter, it may do so in the	3955
same manner as if the action had been taken at any other stage of	3956
the proceedings under this chapter. As used in this division,	3957
"another type of action" includes the revocation of the	3958
conditional release and the return of the offender to a state	3959
correctional institution to continue to serve the prison term.	3960

If the court determines at the hearing to finalize the	3961
termination of the offender's prison term, it shall notify the	3962
department of rehabilitation and correction, the department shall	3963
enter into its records a final release and issue to the offender a	3964
certificate of final release, and the prison term thereafter shall	3965
be considered completed and terminated in every way.	3966

(3) The termination of an offender's prison term pursuant to	3967
division (D)(1) or (2) of this section does not affect the	3968
classification of the offender, as described in division (F) of	3969
section 2971.03 of the Revised Code, as a tier III sex	3970
offender/child-victim offender for purposes of Chapter 2950. of	3971
the Revised Code, does not terminate the adult parole authority's	3972
supervision of the offender, and, if the court had required the	3973
supervision of the offender to be pursuant to division (E) of this	3974
section, does not terminate the supervision of the offender with	3975
an active global positioning system device, pursuant to that	3976
division.	3977

(E) If a prison term imposed upon an offender pursuant to	3978
division (A)(3) of section 2971.03 of the Revised Code is modified	3979
as provided in division (C) of this section or terminated as	3980
provided in division (D) of this section, the adult parole	3981
authority shall supervise the offender with an active global	3982
positioning system device during any time period in which the	3983
offender is not incarcerated in a state correctional institution.	3984
If a prison term imposed upon an offender pursuant to division	3985
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),	3986
or (d) of section 2971.03 of the Revised Code is modified as	3987
provided in division (C) of this section or terminated as provided	3988
in division (D) of this section, and if the court requires that	3989
the adult parole authority's supervision of the offender be	3990
pursuant to this division, the authority shall supervise the	3991
offender with an active global positioning system device during	3992
any time period in which the offender is not incarcerated in a	3993
state correctional institution. If the adult parole authority is	3994
required to supervise the offender with an active global	3995
positioning system device as described in this division, unless	3996
the court removes the offender's classification as a sexually	3997
violent predator regarding an offender whose prison term was	3998
imposed under division (A)(3) of section 2971.03 of the Revised	3999
Code or terminates the requirement that supervision of the	4000
offender be pursuant to this division regarding an offender whose	4001
prison term was imposed under division (B)(1)(a), (b), or (c),	4002
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	4003
2971.03 of the Revised Code, the offender is subject to	4004
supervision with an active global positioning system pursuant to	4005
this division for the offender's entire life. The costs of	4006
administering the supervision of offenders with an active global	4007
positioning system device pursuant to this division shall be paid	4008
out of funds from the reparations fund, created pursuant to	4009
section 2743.191 of the Revised Code. This division shall only	4010
apply to a sexually violent predator sentenced pursuant to	4011
division (A)(3) of section 2971.03 of the Revised Code who is	4012
released from the custody of the department of rehabilitation and	4013
correction on or after September 29, 2005, or an offender	4014
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of	4015
the Revised Code on or after January 2, 2007.	4016

Sec. 5120.66.  (A) Within ninety days after November 23,	4017
2005, but not before January 1, 2006, the department of	4018
rehabilitation and correction shall establish and operate on the	4019
internet a database that contains all of the following:	4020

(1) For each inmate in the custody of the department under a	4021
sentence imposed for a conviction of or plea of guilty to any	4022
offense, all of the following information:	4023

(a) The inmate's name;

4024

(b) For each offense for which the inmate was sentenced to a	4025
prison term or term of imprisonment and is in the department's	4026
custody, the name of the offense, the Revised Code section of	4027
which the offense is a violation, the gender of each victim of the	4028
offense if those facts are known, whether each victim of the	4029
offense was an adult or child if those facts are known, whether	4030
any victim of the offense was a law enforcement officer if that	4031
fact is known, the range of the possible prison terms or term of	4032
imprisonment that could have been imposed for the offense, the	4033
actual prison term or term of imprisonment imposed for the	4034
offense, the county in which the offense was committed, the date	4035
on which the inmate began serving the prison term or term of	4036
imprisonment imposed for the offense, and either the date on which	4037
the inmate will be eligible for parole relative to the offense if	4038
the prison term or term of imprisonment is an indefinite term or	4039
life term or the date on which the term ends if the prison term is	4040
a definite term;	4041

(c) All of the following information that is applicable	4042
regarding the inmate:	4043

(i) If known to the department prior to the conduct of any	4044
hearing for judicial release of the defendant pursuant to section	4045
2929.20 of the Revised Code in relation to any prison term or term	4046
of imprisonment the inmate is serving for any offense or any	4047
hearing for release of the defendant pursuant to section 2967.19	4048
of the Revised Code in relation to any such term, notice of the	4049
fact that the inmate will be having a hearing regarding a possible	4050
grant of judicial release or release, the date of the hearing, and	4051
the right of any person pursuant to division (J) of section	4052
2929.20 or division (H) of section 2967.19 of the Revised Code,	4053
whichever is applicable, to submit to the court a written	4054
statement regarding the possible judicial release or release. The	4055
department also shall post notice of the filing of any petition	4056
for release of the inmate pursuant to section 2967.19 of the	4057
Revised Code, as required by division (E) of that section.	4058

(ii) If the inmate is serving a prison term pursuant to	4059
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	4060
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	4061
Code, prior to the conduct of any hearing pursuant to section	4062
2971.05 of the Revised Code to determine whether to modify the	4063
requirement that the inmate serve the entire prison term in a	4064
state correctional facility in accordance with division (C) of	4065
that section, whether to continue, revise, or revoke any existing	4066
modification of that requirement, or whether to terminate the	4067
prison term in accordance with division (D) of that section,	4068
notice of the fact that the inmate will be having a hearing	4069
regarding those determinations and of the date of the hearing;	4070

(iii) At least three weekssixty days before the adult parole	4071
authority recommends a pardon or commutation of sentence for the	4072
inmate or at least three weekssixty days prior to a hearing	4073
before the adult parole authority regarding a grant of parole to	4074
the inmate in relation to any prison term or term of imprisonment	4075
the inmate is serving for any offense, notice of the fact that the	4076
inmate might be under consideration for a pardon or commutation of	4077
sentence or will be having a hearing regarding a possible grant of	4078
parole, of the date of any hearing regarding a possible grant of	4079
parole, and of the right of any person to submit a written	4080
statement regarding the pending action;	4081

(iv) At least three weekssixty days before the inmate is	4082
transferred to transitional control under section 2967.26 of the	4083
Revised Code in relation to any prison term or term of	4084
imprisonment the inmate is serving for any offense, notice of the	4085
pendency of the transfer, of the date of the possible transfer,	4086
and of the right of any person to submit a statement regarding the	4087
possible transfer;	4088

(v) Prompt notice of the inmate's escape from any facility in	4089
which the inmate was incarcerated and of the capture of the inmate	4090
after an escape;	4091

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

4092

(vii) Prior to the release of the inmate from confinement,	4093
notice of the fact that the inmate will be released, of the date	4094
of the release, and, if applicable, of the standard terms and	4095
conditions of the release;	4096

(viii) Notice of the inmate's judicial release pursuant to	4097
section 2929.20 of the Revised Code or release pursuant to section	4098
2967.19 of the Revised Code.	4099

(2) Information as to where a person can send written	4100
statements of the types referred to in divisions (A)(1)(c)(i),	4101
(iii), and (iv) of this section.	4102

(B)(1) The department shall update the database required	4103
under division (A) of this section every twenty-four hours to	4104
ensure that the information it contains is accurate and current.	4105

(2) The database required under division (A) of this section	4106
is a public record open for inspection under section 149.43 of the	4107
Revised Code. The department shall make the database searchable by	4108
inmate name and by the county and zip code where the offender	4109
intends to reside after release from a state correctional	4110
institution if this information is known to the department.	4111

(3) The database required under division (A) of this section	4112
may contain information regarding inmates who are listed in the	4113
database in addition to the information described in that	4114
division.	4115

(4) No information included on the database required under	4116
division (A) of this section shall identify or enable the	4117
identification of any victim of any offense committed by an	4118
inmate.	4119

(C) The failure of the department to comply with the	4120
requirements of division (A) or (B) of this section does not give	4121
any rights or any grounds for appeal or post-conviction relief to	4122
any inmate.	4123

(D) This section, and the related provisions of sections	4124
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	4125
in the act in which this section was enacted, shall be known as	4126
"Laura's Law."	4127

Sec. 5149.07.  The department of rehabilitation and	4128
correction shall maintain central files and records pertaining to	4129
the work of the adult parole authority, and shall coordinate the	4130
department's record-keeping with that of the adult parole	4131
authority. Additionally, the department shall not later than the	4132
first Monday of January of odd-numbered years prepare and submit	4133
to the governor for histhe governor's approval and signature a	4134
written report showing each case of pardon, commutation, or	4135
reprieve granted during the preceding biennium, stating the name	4136
and crime of the convict or prisoner, the sentence, its date, and	4137
the date of the clemency action, together with the reasons listed	4138
therefor in the governor's clemency record. The report shall	4139
conform to the requirements of Section 11 of Article III, Ohio	4140
Constitution.	4141

The department shall conduct research relative to the	4142
functioning of clemency, probation, and parole as part of the	4143
adult corrections program in this state, which research shall be	4144
designed to yield information upon which the division of parole	4145
and community services, the department of rehabilitation and	4146
correction, the governor, and the general assembly can base policy	4147
decisions.	4148

At the end of each quarter, the department shall submit to	4149
the chairpersons of the committees of the senate and the house of	4150
representatives that consider criminal justice legislation a	4151
report on the number and results of parole hearings conducted	4152
during the quarter and a list of persons incarcerated for	4153
committing offenses of violence who were granted parole and a	4154
summary of the terms and conditions of their parole. The	4155
department shall provide the committees with any documentation	4156
related to the reports that members of the committees may request.	4157

Upon request, the department shall provide a detailed	4158
statement, supported by documentation, of the reasons why a	4159
particular prisoner was granted parole to the law enforcement	4160
agency that arrested the prisoner, the prosecuting attorney who	4161
prosecuted the case, or any person who is a member of the general	4162
assembly at the time the person makes the request.	4163

Sec. 5149.101.  (A)(1) A board hearing officer, a board	4164
member, or the office of victims' services may petition the board	4165
for a full board hearing that relates to the proposed parole or	4166
re-parole of a prisoner. At a meeting of the board at which a	4167
majority of board members are present, the majority of those	4168
present shall determine whether a full board hearing shall be	4169
held.	4170

(2) A victim of a violation of section 2903.01 or 2903.02 of	4171
the Revised Code, an offense of violence that is a felony of the	4172
first, second, or third degree, or an offense punished by a	4173
sentence of life imprisonment, the victim's representative, or any	4174
person described in division (B)(5) of this section may request	4175
the board to hold a full board hearing that relates to the	4176
proposed parole or re-parole of the person that committed the	4177
violation. If a victim, victim's representative, or other person	4178
requests a full board hearing pursuant to this division, the board	4179
shall hold a full board hearing.	4180

At least thirty days before the full hearing, except as	4181
otherwise provided in this division, the board shall give notice	4182
of the date, time, and place of the hearing to the victim	4183
regardless of whether the victim has requested the notification.	4184
The notice of the date, time, and place of the hearing shall not	4185
be given under this division to a victim if the victim has	4186
requested pursuant to division (B)(2) of section 2930.03 of the	4187
Revised Code that the notice not be provided to the victim. At	4188
least thirty days before the full board hearing and regardless of	4189
whether the victim has requested that the notice be provided or	4190
not be provided under this division to the victim, the board shall	4191
give similar notice to the prosecuting attorney in the case, the	4192
law enforcement agency that arrested the prisoner if any officer	4193
of that agency was a victim of the offense, and, if different than	4194
the victim, the person who requested the full hearing. If the	4195
prosecuting attorney has not previously been sent an institutional	4196
summary report with respect to the prisoner, upon the request of	4197
the prosecuting attorney, the board shall include with the notice	4198
sent to the prosecuting attorney an institutional summary report	4199
that covers the offender's participation while confined in a state	4200
correctional institution in training, work, and other	4201
rehabilitative activities and any disciplinary action taken	4202
against the offender while so confined. Upon the request of a law	4203
enforcement agency that has not previously been sent an	4204
institutional summary report with respect to the prisoner, the	4205
board also shall send a copy of the institutional summary report	4206
to the law enforcement agency. If notice is to be provided as	4207
described in this division, the board may give the notice by any	4208
reasonable means, including regular mail, telephone, and	4209
electronic mail, in accordance with division (D)(1) of section	4210
2930.16 of the Revised Code. If the notice is based on an offense	4211
committed prior to the effective date of this amendment, the	4212
notice also shall include the opt-out information described in	4213
division (D)(1) of section 2930.16 of the Revised Code. The board,	4214
in accordance with division (D)(2) of section 2930.16 of the	4215
Revised Code, shall keep a record of all attempts to provide the	4216
notice, and of all notices provided, under this division.	4217

The preceding paragraph, and the notice-related provisions of	4218
divisions (E)(2) and (K) of section 2929.20, division (D)(1) of	4219
section 2930.16, division (H) of section 2967.12, division	4220
(E)(1)(b) of section 2967.19, division (A)(3)(b) of section	4221
2967.26, and division (D)(1) of section 2967.28 of the Revised	4222
Code enacted in the act in which this paragraph was enacted, shall	4223
be known as "Roberta's Law."	4224

(B) At a full board hearing that relates to the proposed	4225
parole or re-parole of a prisoner and that has been petitioned for	4226
or requested in accordance with division (A) of this section, the	4227
parole board shall permit the following persons to appear and to	4228
give testimony or to submit written statements:	4229

(1) The prosecuting attorney of the county in which the	4230
original indictment against the prisoner was found and members of	4231
any law enforcement agency that assisted in the prosecution of the	4232
original offense;	4233

(2) The judge of the court of common pleas who imposed the	4234
original sentence of incarceration upon the prisoner, or the	4235
judge's successor;	4236

(3) The victim of the original offense for which the prisoner	4237
is serving the sentence or the victim's representative designated	4238
pursuant to section 2930.02 of the Revised Code:;	4239

(4) The victim of any behavior that resulted in parole being	4240
revoked;	4241

(5) With respect to a full board hearing held pursuant to	4242
division (A)(2) of this section, all of the following:	4243

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

4244

(b) The parent or parents of the victim of the original	4245
offense;	4246

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

4247

(d) The child or children of the victim of the original	4248
offense.	4249

(6) Counsel or some other person designated by the prisoner	4250
as a representative, as described in division (C) of this section.	4251

(C) Except as otherwise provided in this division, a full	4252
board hearing of the parole board is not subject to section 121.22	4253
of the Revised Code. The persons who may attend a full board	4254
hearing are the persons described in divisions (B)(1) to (6) of	4255
this section, and representatives of the press, radio and	4256
television stations, and broadcasting networks who are members of	4257
a generally recognized professional media organization.	4258

At the request of a person described in division (B)(3) of	4259
this section, representatives of the news media described in this	4260
division shall be excluded from the hearing while that person is	4261
giving testimony at the hearing. The prisoner being considered for	4262
parole has no right to be present at the hearing, but may be	4263
represented by counsel or some other person designated by the	4264
prisoner.	4265

If there is an objection at a full board hearing to a	4266
recommendation for the parole of a prisoner, the board may approve	4267
or disapprove the recommendation or defer its decision until a	4268
subsequent full board hearing. The board may permit interested	4269
persons other than those listed in this division and division (B)	4270
of this section to attend full board hearings pursuant to rules	4271
adopted by the adult parole authority.	4272

(D) If the victim of the original offense died as a result of	4273
the offense and the offense was aggravated murder, murder, an	4274
offense of violence that is a felony of the first, second, or	4275
third degree, or an offense punished by a sentence of life	4276
imprisonment, the family of the victim may show at a full board	4277
hearing a video recording not exceeding five minutes in length	4278
memorializing the victim.	4279

(E) The adult parole authority shall adopt rules for the	4280
implementation of this section. The rules shall specify reasonable	4281
restrictions on the number of media representatives that may	4282
attend a hearing, based on considerations of space, and other	4283
procedures designed to accomplish an effective, orderly process	4284
for full board hearings.	4285

Section 2. That existing sections 2152.86, 2717.01, 2903.03,	4286
2929.13, 2929.20, 2930.03, 2930.06, 2930.16, 2950.01, 2951.041,	4287
2953.08, 2967.03, 2967.12, 2967.121, 2967.19, 2967.26, 2967.28,	4288
2971.04, 2971.05, 5120.66, 5149.07, and 5149.101 of the Revised	4289
Code are hereby repealed.	4290

Section 3.  Section 2967.26 of the Revised Code is presented	4291
in this act as a composite of the section as amended by both Am.	4292
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	4293
The General Assembly, applying the principle stated in division	4294
(B) of section 1.52 of the Revised Code that amendments are to be	4295
harmonized if reasonably capable of simultaneous operation, finds	4296
that the composite is the resulting version of the section in	4297
effect prior to the effective date of the section as presented in	4298
this act.	4299