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Am. Sub. H. B. No. 375 As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Kilbane, Willamowski, Collier, Kearns, McGregor, Hollister, C. Evans, Clancy, Strahorn, S. Smith, Widener, Key, Hartnett, Ujvagi, Fessler, Harwood, Setzer, Webster, Aslanides, Barrett, Book, Carano, Carmichael, Cates, Chandler, Daniels, DeGeeter, Distel, Domenick, Driehaus, Faber, Flowers, Gibbs, Gilb, Grendell, Hagan, Hoops, Hughes, Jerse, Koziura, Latta, Martin, Niehaus, Oelslager, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Redfern, Reidelbach, Schaffer, Schlichter, Schmidt, Schneider, Skindell, Slaby, G. Smith, D. Stewart, Taylor, Trakas, Walcher, Widowfield, Wolpert, Woodard, Young
Senators Schuring, Zurz, Austria, Spada, Carey
A BILL
To amend sections 103.73, 103.74, 2930.16, 2967.03, 2967.12, and 5149.101 and to enact sections 103.75, 103.76, 103.77, 103.78, and 103.79 of the Revised Code to require the Parole Board, at the request of the victim of a specified offense or certain other persons, to hold a full board hearing, to permit the
victim of such an offense, the victim's
representative, and the victim's immediate family and the prisoner's counsel or another designated person to testify at that hearing, and to permit the Correctional Institution Inspection Committee to inspect Department of Youth Services facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 103.73, 103.74, 2930.16, 2967.03, 2967.12, and 5149.101 be amended and sections 103.75, 103.76, 103.77, 103.78, and 103.79 of the Revised Code be enacted to read as
follows:
Sec. 103.73. (A) The correctional institution inspection
committee shall do all of the following: (1) Subject to division (C) of this section, establish and
maintain a continuing program of inspection of each state
correctional institution used for the custody, control, training,
and rehabilitation of persons convicted of crime and of each private
correctional facility. Subject to division (C) of this section, the
committee may inspect any local
correctional institution used for the same purposes. Subject to
division (C) of this section, the committee, and each member of
the committee, for the purpose of making an inspection pursuant to
this section, shall have access to any state or local correctional
institution, to any private correctional facility, or to
any
part of the institution or facility and shall not be
required to give advance notice of, or to make prior arrangements
before conducting, an inspection. (2) Evaluate and assist in the development of programs to
improve the condition or operation of correctional institutions; (3) Prepare a report for submission to the succeeding
general assembly of the findings the committee makes in its
inspections and of
any programs that have been proposed or developed to improve the
condition or operation of the correctional institutions in the
state. The report shall contain a separate evaluation of the
inmate grievance procedure at each state correctional
institution. The committee shall submit the report to the
succeeding general assembly within fifteen days after
commencement of that general assembly's first regular session. (B) Subject to division (C) of this section, the committee
shall make an inspection of each state correctional institution
each biennium and of each private correctional facility each biennium.
The inspection shall include attendance at one general meal
period and one rehabilitative or educational program. (C) An inspection of a state correctional institution, a private
correctional facility, or a local correctional institution
under division (A) or (B) of this
section or under section 103.74 of the Revised Code, or an inspection under section 103.76 of the Revised Code, is subject to
and shall be conducted in accordance with all of the following: (1) The inspection shall not be conducted unless the
chairperson of the committee grants prior approval
for the inspection. The grant of prior approval shall specify whether the
inspection is to be
conducted by a subcommittee appointed under section 103.74 of the
Revised Code
or is to be conducted other than by a subcommittee appointed under that
section. (2) The inspection shall not be conducted unless
one of the following applies: (a) If the inspection is to be conducted by a
subcommittee appointed under section 103.74 of the Revised Code, at least
two members appointed to the committee are present for the
inspection; (b) If division (C)(2)(a) of this section
does not apply, at least one member appointed to the committee and at least
one staff member of the committee are present for the inspection. (3) Unless the chairperson of the committee
determines that the inspection must be conducted outside of
normal business hours for any reason, including emergency circumstances
or a justifiable cause that perpetuates the mission of the
committee, and the chairperson specifies in the grant of prior approval for
the inspection that the chairperson has so determined,
the inspection shall be conducted only during normal business hours. If the
chairperson determines that the inspection must be conducted outside of normal
business hours and the chairperson specifies in the grant of prior approval
for the inspection that the chairperson has so
determined, the inspection may be conducted outside of normal
business hours. (4) If the inspection is to be conducted by a subcommittee appointed under
section 103.74 of the Revised Code, no staff member of the committee may be
present on the
inspection unless the chairperson of the committee, in the grant of prior
approval for the inspection,
specifically authorizes staff members to be present on the
inspection. If the inspection is to be conducted other than by a subcommittee
appointed
under that section,
staff members may be present on the inspection regardless of whether the grant
of prior approval contains a specific authorization for staff members to be
present on the inspection. (D) As used in this section: (1) "Local public entity," "out-of-state prisoner," and "private
contractor" have the same meanings as in section 9.07 of the Revised Code. (2) "Private correctional facility"
means a correctional facility in this state that houses out-of-state prisoners
and that is operated by a private contractor under a contract with a local
public entity pursuant to section 9.07 of the Revised Code.
Sec. 103.74. Subject to division (C) of section 103.73 of
the Revised Code, the chairperson of the correctional institution
inspection committee may appoint subcommittees, each to consist
of at least two members, for the purpose of conducting
inspections pursuant to section 103.73 or 103.76 of the Revised Code. The committee may employ a director and any other nonlegal
staff, who shall be in the unclassified service of the state,
that are necessary for the committee to carry out its duties and
may contract for the services of whatever nonlegal technical advisors
are necessary for the committee to carry out its duties. The
attorney general shall act as legal counsel to the committee. The chairperson and vice-chairperson of the legislative service
commission shall fix the compensation of the director. The
director, with the approval of the director of the legislative
service commission, shall fix the compensation of other staff of
the committee in accordance with a salary schedule established by
the director of the legislative service commission. Contracts
for the services of necessary technical advisors shall be
approved by the director of the legislative service commission. The general assembly shall biennially appropriate to the
correctional institution inspection committee an amount
sufficient to enable the committee to perform its duties.
Salaries and expenses incurred by the committee shall be paid
from that appropriation upon vouchers approved by the
chairperson of the committee.
Sec. 103.75. As used in sections 103.76 to 103.79 of the Revised Code, "youth services facility" means a facility operated, or contracted for, by the department of youth services that is used for the care, protection, treatment, or secure confinement of any child committed to the department's custody.
Sec. 103.76. Subject to division (C) of section 103.73 of the Revised Code, the correctional institution inspection committee may make an inspection of any youth services facility at such times as it determines.
Sec. 103.77. Subject to division (C) of section 103.73 of the Revised Code, the correctional institution inspection committee, and each member of the committee, for the purpose of making inspections of youth services facilities shall have access to any youth services facility, or to any part of that facility and shall not be required to give advance notice of, or to make prior arrangements before conducting, an inspection.
Sec. 103.78. The correctional institution inspection committee may do the following:
(A) Subject to division (C) of section 103.73 of the Revised Code, establish and maintain a continuing program of inspection of youth services facilities;
(B) Evaluate and assist in the development of programs to improve the condition or operation of youth services facilities;
Sec. 103.79. If the correctional institution inspection committee conducts inspections of youth services facilities during a biennium, the committee shall prepare a report for submission to the succeeding general assembly of the findings the committee makes in its inspections and of any programs that have been proposed or developed to improve the condition or operation of youth services facilities. The committee shall submit the report to the succeeding general assembly within fifteen days after commencement of that general assembly's first regular session.
Sec. 2930.16. (A) If a defendant is incarcerated,
a victim
in a case who has requested to receive notice under this section
shall be given notice of the incarceration of the defendant. If
an alleged
juvenile offender
is committed to the temporary custody
of a
school, camp, institution, or other facility operated for the
care of delinquent children or to the legal custody of the
department of youth services, a victim in a case who has
requested
to receive notice under this section shall be given
notice of the
commitment. Promptly after
sentence is imposed upon the defendant
or the commitment of the alleged
juvenile offender
is ordered, the
prosecutor in the
case shall notify the victim of the date on
which the defendant
will be released from confinement or the
prosecutor's
reasonable
estimate of that date or the date on which
the alleged juvenile offender
will
have served the minimum period
of commitment or the prosecutor's reasonable
estimate of that
date. The prosecutor also shall notify the
victim of the name of
the custodial agency of the defendant or alleged
juvenile offender
and
tell the victim how to contact that custodial agency. If the custodial agency is the department of rehabilitation and correction, the prosecutor shall notify the victim of the services offered by the office of victims' services pursuant to section 5120.60 of the Revised Code. If the
custodial
agency is the department of youth
services, the
prosecutor shall notify the victim of the services
provided by the
office of victims' services within the release
authority of the
department pursuant to section 5139.55 of the
Revised
Code and the
victim's right
pursuant to section 5139.56 of the
Revised
Code to
submit a written
request to the release authority to be notified
of actions the
release authority takes with respect to the alleged
juvenile
offender. The victim
shall keep the custodial agency
informed of the victim's current
address and telephone number. (B)(1) Upon the victim's request, the prosecutor promptly
shall
notify the
victim of any hearing for judicial release of the
defendant pursuant to
section 2929.20 of the Revised Code or of
any hearing for judicial release
or early release of the alleged
juvenile offender pursuant to section 2151.38
of the
Revised Code
and of the victim's right to make a
statement under those
sections. The court shall
notify the victim of its ruling
in each
of those hearings and on each of those
applications. (2) Upon the request of a victim of a crime that is a
sexually violent offense and that is committed by a sexually
violent
predator who is sentenced to a prison term pursuant to
division
(A)(3) of section 2971.03 of the Revised Code, the
prosecutor promptly
shall notify the victim of any hearing to be
conducted pursuant
to section 2971.05 of the Revised Code to
determine whether to
modify the requirement that the offender
serve the entire prison
term in a state correctional facility in
accordance with
division (C) of that section,
whether to continue,
revise, or revoke any existing modification
of that requirement,
or whether to terminate the prison term in
accordance with
division (D) of
that section. The court shall notify the victim
of any order
issued at the conclusion of the hearing.
As used in
this
division, "sexually violent offense" and "sexually violent
predator" have the same meanings as in section 2971.01 of the
Revised Code. (C) Upon the victim's request made at any time before the
particular notice would be due, the custodial agency of a
defendant or alleged juvenile offender shall give the victim any
of
the following notices that is applicable: (1) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the
defendant
or at least three weeks prior to a hearing before the
adult parole
authority regarding a grant of parole to the
defendant, notice of
the victim's right to submit a statement
regarding the impact of
the defendant's release in accordance
with section 2967.12 of the
Revised Code
and, if applicable, of the
victim's right to
appear at a full board hearing of the parole board to give
testimony as authorized by section 5149.101 of the Revised Code; (2) At least three weeks before the defendant is
transferred
to transitional control under
section 2967.26 of
the Revised Code,
notice of the pendency of the
transfer
and
of the victim's right
under that section to
submit a statement regarding the impact of
the transfer; (3) At least thirty days before the release authority of the
department of youth services holds a release review, release
hearing, or discharge review for the alleged juvenile offender,
notice of the
pendency of the review or hearing, of the victim's
right to make
an oral or written statement regarding the impact of
the crime
upon the victim or regarding the possible release or
discharge,
and, if the notice pertains to a hearing, of the
victim's right
to attend and make statements or comments at the
hearing as
authorized by section 5139.56 of the
Revised
Code; (4) Prompt notice of the defendant's or alleged juvenile
offender's
escape
from a facility of the custodial agency in which
the
defendant was incarcerated or in which the alleged juvenile
offender was
placed after
commitment, of the defendant's or
alleged juvenile offender's
absence without leave from a
mental
health or mental
retardation and developmental disabilities
facility or from other
custody, and of the capture of the
defendant or alleged juvenile
offender after an
escape or absence; (5) Notice of the defendant's or alleged juvenile
offender's
death while in
confinement or custody; (6) Notice of the defendant's or alleged juvenile
offender's
release from confinement
or custody and
the terms and conditions
of
the release.
Sec. 2967.03. The adult parole authority may exercise its
functions and duties in relation to the pardon, commutation of sentence, or
reprieve of a convict upon direction of the governor or upon its
own initiative. It may exercise its functions and
duties in relation to the parole of a prisoner
who is eligible for parole upon the initiative of the head of the
institution in which the prisoner is confined or upon its own
initiative. When a prisoner becomes eligible for parole, the
head of the institution in which the prisoner is confined shall
notify the authority in the manner prescribed by the authority. The authority
may investigate and examine, or cause the
investigation and examination of, prisoners confined in state
correctional institutions concerning their conduct in the institutions, their
mental and moral qualities and characteristics, their knowledge
of a trade or profession, their former means of livelihood, their
family relationships, and any other matters affecting their
fitness to be at liberty without being a threat to society. The authority may recommend to the governor the pardon,
commutation of sentence, or reprieve of any convict or prisoner
or grant a parole to any prisoner for whom parole is authorized, if in
its judgment there is reasonable ground to believe that granting a pardon,
commutation, or reprieve to the convict or paroling the
prisoner would further the interests of justice and be
consistent with the welfare and security of society. However,
the authority shall not recommend a pardon or commutation of
sentence of, or grant a parole to, any convict or prisoner until
the authority has complied with the applicable notice
requirements of sections 2930.16 and 2967.12 of the
Revised Code and until it has considered any statement made by a victim or a
victim's representative that is relevant to the convict's or prisoner's
case and that was sent to the authority pursuant to section
2930.17 of the Revised Code and any other statement made by a
victim or a victim's representative that is relevant to the
convict's or prisoner's case and that was received by the
authority after it provided notice of the pendency of the action
under sections 2930.16 and 2967.12 of the Revised Code. If a victim or,
victim's
representative, or the victim's spouse, parent, sibling, or child appears at a full board hearing of the parole board and gives
testimony as authorized by section 5149.101 of the Revised Code, the authority
shall consider the testimony in determining whether to grant a parole.
The trial judge and
prosecuting attorney of the trial court in which a person was
convicted shall furnish to the authority, at the request of the authority, a
summarized statement of the facts proved at the trial and of all
other facts having reference to the propriety of recommending a
pardon or commutation, or granting a parole, together with a
recommendation for or against a pardon, commutation, or parole,
and the reasons for the recommendation. The trial judge of the
court, and the prosecuting attorney in the trial, in which a prisoner was
convicted, specified law enforcement agency members, and a representative of the prisoner may
appear at a full board hearing of the parole board and give testimony in
regard to the grant of a parole to the prisoner as authorized by section
5149.101 of the Revised Code. All state and local
officials shall furnish information to the authority, when so
requested by it in the performance of its duties. The adult parole authority shall exercise its functions and duties in
relation to the release of prisoners who are serving a stated prison term in
accordance with section 2967.28 of the Revised Code.
Sec. 2967.12. (A) Except as provided in division (G) of
this section, at least three weeks before the adult parole
authority recommends any pardon or commutation of sentence, or
grants any parole, the authority shall send a notice of
the
pendency of the pardon, commutation, or parole, setting forth the
name
of the person on whose behalf it is made, the offense of
which the person was
convicted, the time of conviction, and the
term of the person's sentence, to
the prosecuting attorney and the
judge of the court of common
pleas of the county in which the
indictment against the person
was found. If there is more than
one judge of that court of
common pleas, the authority shall send
the notice
to the presiding judge. (B) If a request for notification has been made pursuant
to
section 2930.16 of the Revised Code, the adult parole
authority
also shall give notice to the victim or the victim's
representative prior to recommending any pardon or commutation of
sentence for, or granting any parole to, the person. The
authority shall provide the notice at the
same time as the notice
required by
division (A) of this section and shall include in the
notice
the information required to be set forth in that notice.
The notice also
shall inform the victim or the victim's
representative that the victim or
representative may send a
written statement relative to the victimization and
the pending
action to the adult parole authority and that, if the authority
receives any written statement prior to recommending a
pardon or
commutation or granting a parole for a person,
the authority will
consider the statement before it recommends a pardon or
commutation or grants a
parole. If the person is being considered
for parole, the
notice shall inform the victim or the victim's
representative that a full
board hearing of the parole board may
be held and that the victim
or victim's representative may contact
the office of victims' services for
further information.
If the
person being considered for parole was convicted of or pleaded guilty to violating section 2903.01 or 2903.02 of the Revised Code, the notice shall inform the
victim of that offense, the victim's representative, or a member of the victim's immediate family that the victim, the victim's
representative, and the victim's immediate family have the right to give testimony at a full board hearing
of the parole board and that the victim or victim's representative
may contact the office of victims' services for further
information. As used in this division, "the victim's immediate family" means the mother, father, spouse, sibling, or child of the victim. (C) When notice of the pendency of any pardon,
commutation
of sentence, or parole has been given as provided in
division (A)
of this section and a hearing on the pardon, commutation, or
parole is continued to a date certain, the authority
shall give
notice by mail of the further
consideration of the pardon,
commutation, or parole to the proper judge and
prosecuting
attorney at
least ten days before the further consideration. When
notice of
the pendency of any pardon, commutation, or parole
has
been given
as provided in division (B) of this section and the
hearing on it
is continued to a date certain, the authority shall
give notice of the
further consideration to the victim or the
victim's
representative in accordance with section 2930.03 of the
Revised
Code. (D) In case of an application for the pardon or
commutation
of sentence of a person sentenced to capital
punishment, the
governor may modify the requirements of
notification and
publication if there is not sufficient time for
compliance with
the requirements before the date fixed
for the execution of
sentence. (E) If an offender is serving a prison term imposed under
division
(A)(3) of section 2971.03 of the Revised Code
and if the
parole board terminates its
control over the offender's service of
that term pursuant to section 2971.04
of the Revised Code, the
parole board immediately
shall provide written notice of its
termination of control or the transfer of control to the entities
and persons
specified in section 2971.04 of the Revised Code. (F) The failure of the adult parole authority to comply
with
the notice provisions of division (A), (B), or (C) of this
section
or the failure of the parole board to comply with the
notice
provisions of division (E) of this section do not give any
rights
or any grounds for appeal or
post-conviction relief to the person
serving the sentence. (G) Divisions (A), (B), and (C) of this section do not
apply
to any release of a person that is of the type
described in
division (B)(2)(b) of section 5120.031 of the Revised Code.
Sec. 5149.101. (A)(1) A board hearing officer, a board member, or the office of
victims' services may
petition the board for a full board hearing that relates to the proposed
parole or re-parole of a prisoner. At a meeting of the board at which at least seven a majority of board
members are present, a the majority of those present shall determine whether a
full
board hearing shall be held. (2) A victim of a violation of section 2903.01 or 2903.02 of the Revised Code, the victim's representative, or any person described in division (B)(5) of this section may request the board hold a full board hearing that relates to the proposed parole or re-parole of the person that committed the violation. If a victim, victim's representative, or other person requests a full board hearing pursuant to this division, the board shall hold a full board hearing. (B) At a full board hearing that relates to the
proposed
parole or re-parole of a prisoner and that has been petitioned for or requested
in accordance with division (A) of this section, the
parole board shall permit the following persons to
appear and to give testimony or to submit written statements: (1) The prosecuting attorney of the county in which the original
indictment against the prisoner was found and members of any law enforcement
agency that assisted in the prosecution of the original offense; (2) The judge of the court of common pleas who imposed
the original sentence of incarceration upon the prisoner, or the judge's
successor; (3) The victim of the original offense for which the prisoner is
serving the sentence or the victim's representative designated
pursuant to section 2930.02 of the Revised Code: (4) The victim of any behavior that resulted in parole being revoked; (5) With respect to a full board hearing held pursuant to division (A)(2) of this section, all of the following: (a) The spouse of the victim of the original offense; (b) The parent or parents of the victim of the original offense; (c) The sibling of the victim of the original offense; (d) The child or children of the victim of the original offense. (6) Counsel or some other person designated by the prisoner as a representative, as described in division (C) of this section. (C) Except as otherwise provided in this division, a full board
hearing of the
parole board is not subject to section 121.22 of the Revised Code. The persons who may
attend a
full board hearing are the persons described in divisions (B)(1) to
(3)(6) of this section, and representatives of the press, radio and television
stations, and broadcasting networks who are members of a generally recognized
professional media organization. At the request of a person described in division (B)(3) of this
section, representatives of the news media described in this division shall be
excluded from the hearing while that person is giving testimony at the
hearing. The prisoner being considered for parole has no right to be present
at the hearing, but may be represented by counsel or some other person
designated by
the prisoner. If there is an objection at a full board hearing to a recommendation for
the parole of a prisoner, the board may approve or disapprove the
recommendation or defer its decision until a subsequent full board hearing.
The board may permit interested persons other than those listed in this
division and division (B) of this section to attend full board
hearings pursuant to rules adopted by the adult parole authority. (D) The adult parole authority shall adopt rules for the
implementation of this section. The rules shall specify reasonable
restrictions on the number of media representatives that may attend a hearing,
based on considerations of space, and other procedures designed to accomplish
an effective, orderly process for full board hearings.
Section 2. That existing sections 103.73, 103.74, 2930.16, 2967.03, 2967.12, and 5149.101 of the
Revised Code are hereby repealed.
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