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(126th General Assembly)(Amended Substitute House Bill Number 15)
AN ACTTo amend sections 109.42, 2929.20, 2950.10, 2950.11, 2967.03, 2967.12, and 2967.26 and to enact section 5120.66 of the Revised Code to require the Department of Rehabilitation and Correction to establish and operate an Internet database that contains specified offense, sentence, and release information for each inmate in the custody of the Department; to grant any person a right to submit a written statement regarding certain possible releases or transfers of any inmate; to require the Adult Parole Authority to consider any such statement prior to granting or recommending the release of or transfer for any inmate; to specify that the above provisions are to be known as "Laura's Law;" and to require that victim or community notification under the SORN Law include a photograph of the registrant offender. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.42, 2929.20, 2950.10, 2950.11, 2967.03, 2967.12, and 2967.26 be amended and section 5120.66 of the Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following: (1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code; (2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control; (3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses; (4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case; (5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case; (6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender; (7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child; (8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion; (9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services; (10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund; (11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult; (12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person; (13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.28 of the Revised Code; (14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency; (15) The right of a victim of domestic violence
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code,
and the right of both types of victims to be accompanied by a victim advocate during court
proceedings; (16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense that is committed by a person who is convicted of or pleads guilty to an aggravated sexually oriented offense, by a person who is
adjudicated a sexual
predator or child-victim predator, or, in certain cases, by
a person who is determined to be
a habitual sex offender or habitual child-victim offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05
of the Revised Code and
notice of the
person's name, the person's residence that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered, the person's photograph,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated a sexual
predator,"
"habitual sex offender," "registration-exempt sexually oriented offense," "aggravated sexually oriented offense," "child-victim oriented offense," "adjudicated a child-victim predator," and "habitual child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code. (17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or pleads guilty to a sexually violent predator specification and who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code. (B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents. (b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times: (i) Upon first contact with the victim, the victim's family,
or
the victim's dependents; (ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents. If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address. (c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
divisions (A)(1) to (17) of this
section. (2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections. (3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code. (C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section. (D) As used in this section: (1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code; (2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 2929.20. (A) As used in this section,
"eligible offender" means any person serving a stated prison term of ten
years or less when either of the following applies: (1) The stated
prison term does not include a mandatory
prison term. (2) The stated prison term includes a mandatory
prison term,
and the person has served the
mandatory prison term. (B) Upon the filing of a motion by the eligible
offender or
upon its own motion, a sentencing court may reduce
the offender's
stated prison term through a judicial
release in accordance with
this section. The court shall not reduce the
stated prison term
of an offender who is not an eligible offender.
An eligible
offender
may file a
motion for judicial release with the
sentencing court within the
following applicable period of time: (1)(a) Except as otherwise provided in division
(B)(1)(b) or
(c) of this section,
if the stated prison term
was imposed for a
felony of the fourth or fifth degree, the
eligible offender may
file the motion not earlier than
thirty
days or later than ninety
days after the offender is delivered to a state
correctional
institution. (b) If the stated prison term is five years and is an
aggregate of
stated prison terms that are being served
consecutively and that were imposed
for any combination of
felonies of the fourth degree and felonies of the fifth
degree,
the eligible offender may file the motion after the eligible
offender
has served four years of the stated prison term. (c) If the stated prison term is more than five years and
not more
than ten years and is an aggregate of stated prison
terms
that are being
served
consecutively and that were imposed
for any
combination of felonies of the
fourth degree and felonies
of the
fifth degree, the eligible offender may file
the motion
after the
eligible offender has served five years of the stated
prison term. (2) Except as otherwise provided in division (B)(3) or (4)
of
this section, if the stated prison term
was imposed for a
felony of the first, second, or third degree,
the eligible
offender may file the motion not earlier than
one
hundred eighty
days after the offender is delivered to a state correctional
institution. (3) If the stated prison term is five years, the eligible
offender may
file the motion after the eligible offender has
served four years of the
stated prison term. (4) If the stated prison term is more than five years and
not more
than
ten
years, the eligible offender may file the
motion
after the
eligible offender
has served five years of the
stated
prison term. (5) If the offender's
stated prison term includes a
mandatory prison
term, the offender shall file the
motion within
the time authorized under division (B)(1), (2),
(3), or (4) of
this
section for the
nonmandatory portion of the prison term, but
the time
for filing the motion does not begin to run until after
the expiration of
the mandatory portion of the prison term. (C) Upon receipt of a timely motion for
judicial release
filed by an eligible offender under division
(B) of this section
or upon the sentencing court's own
motion made within the
appropriate time period specified in that
division, the court may
schedule a hearing on the motion. The
court may deny the motion
without a hearing but shall not grant
the motion without a
hearing. If a court denies
a motion without a hearing, the court
may
consider a subsequent
judicial release for that eligible
offender on its own motion
or a
subsequent motion filed by that
eligible
offender. If a court denies a motion after a hearing,
the court shall
not
consider a subsequent motion for that eligible
offender. The court shall
hold only one hearing for any eligible
offender. A hearing under this section shall be conducted in open court
within sixty days after the date on which the motion is filed,
provided that the court may delay the hearing for a period not to
exceed one hundred eighty additional days. If the court
holds a
hearing on the motion, the court shall enter a
ruling
on the
motion within ten days after the hearing. If the court
denies the
motion without a hearing, the court shall enter its
ruling on the
motion within sixty days after the motion is filed. (D) If a court schedules a hearing under division (C) of
this
section, the court
shall notify the eligible offender of the
hearing. The eligible offender promptly shall give a copy
of
the
notice of the hearing to and shall notify the head of the state
correctional
institution in which the eligible offender is confined of the hearing prior to the hearing. The head of the state correctional institution immediately shall notify the appropriate person at the department of rehabilitation and correction of the hearing, and the department within twenty-four hours after receipt of the notice, shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(i) of that section. If the
court schedules a hearing for judicial release,
the court promptly
shall give notice of the hearing to the
prosecuting attorney of
the county in which the eligible offender
was indicted. Upon
receipt of the notice from the court, the
prosecuting attorney
shall notify the victim of the offense for
which the stated prison
term was imposed or the victim's
representative, pursuant to
section 2930.16 of the
Revised Code, of the hearing. (E) Prior to the date of the hearing on a
motion for
judicial release under this section, the head of the
state
correctional institution in which the eligible
offender in
question is confined shall send to the court a report
on the
eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been
transferred. The report shall cover the eligible offender's
participation in school, vocational training, work, treatment,
and
other rehabilitative activities and any disciplinary action
taken
against the eligible offender. The report shall be made
part of
the record of the hearing. (F) If the court grants a hearing on a motion
for judicial
release under this section, the eligible offender
shall attend the
hearing if ordered to do so by the court. Upon
receipt of a copy
of the journal entry containing the order, the
head of the state
correctional institution in which the
eligible offender is
incarcerated shall deliver the eligible
offender to the sheriff of
the county in which the hearing is to
be held. The sheriff shall
convey the eligible offender to the
hearing and return the
offender to the institution after the
hearing. (G) At the hearing on a motion for judicial
release under
this section, the court shall afford the eligible
offender and the
eligible offender's attorney an
opportunity to
present written
information relevant to the
motion and shall afford the eligible
offender, if present, and the eligible
offender's attorney an
opportunity to present oral information relevant
to the motion.
The court shall afford a similar opportunity to the
prosecuting
attorney, the victim or the victim's representative,
as defined in
section 2930.01 of the Revised
Code, and any other person the
court determines is
likely to present additional relevant
information. The court
shall consider any statement of a victim
made pursuant to section
2930.14 or 2930.17 of the Revised Code,
any
victim impact statement prepared pursuant to section 2947.051
of
the Revised Code, and any report made under division (E) of
this section. The court may consider any written statement of any person submitted to the court pursuant to division (J) of this section. After ruling on the motion,
the court shall notify
the victim of the ruling in accordance
with sections 2930.03 and
2930.16 of the Revised
Code. (H)(1) A court shall not grant a judicial
release under this
section to an eligible offender who is
imprisoned for a felony of
the first or second degree, or to an
eligible offender who
committed an offense contained in
Chapter 2925. or 3719. of the
Revised
Code and for whom there was a presumption under section
2929.13 of the Revised Code in favor of a prison
term, unless the
court, with reference to factors
under section 2929.12 of the
Revised Code, finds both
of the following: (a) That a sanction other than a prison term
would
adequately punish the offender and protect
the public from future
criminal
violations by the eligible offender because the
applicable factors
indicating a lesser likelihood of recidivism
outweigh the
applicable factors indicating a
greater likelihood of
recidivism; (b) That a sanction other than a prison term
would not
demean the seriousness of the offense because factors
indicating
that
the eligible offender's conduct in
committing the offense was
less serious than conduct normally constituting the
offense
outweigh factors
indicating that the eligible offender's conduct
was more serious than conduct
normally constituting the offense. (2) A court that grants a judicial release to an
eligible
offender under division (H)(1) of this section
shall specify on
the record both findings required in that
division and also shall
list all the factors described in that
division that were
presented at the hearing. (I) If the court grants a motion for judicial
release under
this section, the court shall order the release of
the eligible
offender, shall place the eligible offender under an appropriate
community control
sanction, under appropriate
community control
conditions, and under the
supervision of the department of
probation
serving the court, and shall reserve the right to
reimpose the sentence that
it reduced pursuant to the judicial
release if the offender violates the
sanction. If the court
reimposes the reduced sentence pursuant to this
reserved right, it
may do so either concurrently with, or consecutive to, any
new
sentence imposed upon the eligible offender as a result of the
violation
that is a new offense.
The period of the community
control sanction
shall be
no longer than five years. The court,
in its
discretion, may reduce the period of the community control
sanction by the
amount of time the eligible
offender spent in jail
for the offense and in prison. If the
court made any findings
pursuant to division (H)(1) of
this section, the court shall serve
a copy of the findings upon
counsel for the parties within fifteen
days after the date on
which the court grants the motion for
judicial release. Prior to being released pursuant to a judicial release
granted under this section, the eligible offender shall serve any
extension of sentence that was imposed under section 2967.11 of
the Revised Code. If the court grants a motion for judicial release, the court shall notify the appropriate person at the department of rehabilitation and correction of the judicial release, and the department shall post notice of the release on the database it maintains pursuant to section 5120.66 of the Revised Code. (J) In addition to and independent of the right of a victim to make a statement pursuant to section 2930.14, 2930.17, or 2946.051 of the Revised Code and any right of a person to present written information or make a statement pursuant to division (G) of this section, any person may submit to the court, at any time prior to the hearing on the offender's motion for judicial release, a written statement concerning the effects of the offender's crime or crimes, the circumstances surrounding the crime or crimes, the manner in which the crime or crimes were perpetrated, and the person's opinion as to whether the offender should be released.
Sec. 2950.10. (A)(1) If a person is
convicted of or pleads
guilty to, or has been convicted of or pleaded
guilty to, either a
sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
or a person is adjudicated a delinquent
child for committing either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
and is classified
a juvenile offender registrant or is an out-of-state juvenile
offender registrant based on that adjudication, if the
offender
or
delinquent child
is in any category specified in
division (B)(1)(a), (b), or (c) of this section, if the
offender
or
delinquent child
registers
with a
sheriff pursuant to section
2950.04, 2950.041, or 2950.05 of
the
Revised
Code, and if the victim of the
sexually oriented
offense or child-victim oriented offense
has made
a request in accordance with
rules adopted by the
attorney
general
that specifies that the
victim would like to be
provided the
notices
described in this
section, the sheriff shall
notify the
victim of the sexually
oriented offense or child-victim oriented offense, in writing,
that the
offender
or delinquent
child has
registered and shall
include in
the notice the
offender's
name and photograph,
and
the address or
addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's name, photograph, and residence address or addresses. The sheriff shall provide the
notice
required by this
division to the victim
at the most recent
residence address
available for that victim, not later than
five days after
the offender
or delinquent child registers
with
the sheriff. (2) If a person is convicted of or pleads guilty to,
or has
been convicted
of or pleaded guilty to, either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
or a person is adjudicated a delinquent child for
committing either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is
classified a
juvenile offender registrant or is an out-of-state juvenile
offender registrant based on that adjudication, if
the
offender
or delinquent
child
is in any category
specified in
division (B)(1)(a), (b), or (c) of this section, if
the
offender
or
delinquent child registers with a
sheriff pursuant
to
section
2950.04, 2950.041, or 2950.05 of the Revised
Code, if the victim
of the
sexually
oriented offense or child-victim oriented offense has made a
request in accordance
with
rules
adopted by the attorney general
that
specifies that the
victim
would like to be provided the
notices described in
this
section,
and if the offender
notifies the
sheriff of a
change of residence, school, institution of higher education, or place of employment address or the delinquent child notifies the sheriff of a change of residence
address pursuant to
section
2950.05 of the
Revised Code, the
sheriff shall
notify the victim
of the sexually
oriented offense or child-victim oriented offense,
in writing, that the
offender's
or delinquent
child's
address has changed and
shall
include in the
notice the
offender's
name and photograph,
and the new
address or
addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's name, photograph, and new residence address or addresses.
The
sheriff shall provide
the notice
required by this division to
the victim at
the most
recent
residence address available for that
victim, no later
than
five days after the offender
or
delinquent child notifies
the sheriff of the change
in the
offender's
or delinquent child's
residence, school, institution of higher education, or place of employment address. (3) If
a person is convicted of or pleads guilty
to, or
has
been
convicted of or pleaded guilty to, either a sexually
oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
or a person is adjudicated a delinquent child for
committing either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is
classified a
juvenile offender registrant or is an out-of-state juvenile
offender registrant based on that adjudication, and if the
offender
or
delinquent child is in any category specified in division (B)(1)(a), (b), or (c)of (c) of this section,
the
victim of
the offense may make a request in accordance with
rules
adopted by
the attorney general pursuant
to section 2950.13
of the
Revised
Code that specifies that the
victim would like to
be
provided the
notices described in
divisions (A)(1) and (2) of
this
section. If
the victim makes a request in
accordance with
those
rules, the
sheriff described in divisions
(A)(1) and (2) of
this
section
shall provide the victim with the notices
described
in
those
divisions. (4) If a victim makes a request as described in division
(A)(3) of this
section that specifies that the victim would like
to be provided the notices
described in divisions (A)(1)
and (2)
of this section, all information a sheriff obtains
regarding the
victim from or as a result of the request is
confidential, and the
information is not a public record open
for inspection under
section 149.43 of the Revised Code. (5) The notices described in divisions
(A)(1) and (2) of
this section are in addition
to any notices regarding the offender
or delinquent child that the
victim is entitled to receive
under
Chapter 2930. of the Revised Code. (B)(1) The duties to provide the notices described in
divisions (A)(1) and (2) of this section apply regarding any
offender or delinquent child who is in any of the following
categories, if the other criteria set forth in division (A)(1) or
(2) of this section, whichever is applicable, are satisfied: (a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated a child-victim predator relative to the child-victim oriented offense for which the offender or child has the duty to register under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to section 2152.84 or 2152.85 of the Revised Code
regarding a delinquent child that the delinquent child no longer is a sexual
predator or no longer is a child-victim predator, whichever is applicable. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender or a habitual child-victim offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender or habitual child-victim offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code regarding a delinquent child. (c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender and,
if the offender has been so determined to be a habitual sex offender, regardless
of whether the habitual sex
offender determination has not been removed as described in
division (A)(1)(b) of this section. (2) A victim of a sexually oriented offense that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense is not entitled
to
be provided any notice described in division (A)(1) or (2) of
this section
unless the offender
or delinquent child is
in a
category
specified in division (B)(1)(a), (b), or (c) of this
section.
A
victim of a
sexually oriented offense that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense is not
entitled
to any
notice described
in division (A)(1) or (2) of this
section
unless
the victim makes
a request in accordance with rules
adopted
by the
attorney general
pursuant to section 2950.13 of the
Revised
Code
that specifies
that the victim would like to be
provided the
notices
described in
divisions (A)(1) and (2) of this
section.
This division does not
affect any rights of a victim of a
sexually
oriented offense or child-victim oriented offense to be
provided
notice regarding an
offender
or
delinquent child that are
described in
Chapter
2930. of the
Revised Code. Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or
pleaded
guilty
to, either a sexually
oriented offense
that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, or a person is
adjudicated a delinquent child for committing either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile
offender registrant or is
an out-of-state juvenile offender registrant based on that
adjudication, and if the offender
or
delinquent child
is in any
category specified in division (F)(1)(a), (b), or (c) of this
section, the
sheriff
with whom the
offender
or delinquent
child
has
most recently
registered under
section
2950.04, 2950.041, or
2950.05 of
the
Revised Code
and the sheriff to whom the offender or
delinquent child most
recently sent a notice of intent to reside
under section 2950.04
or 2950.041 of the Revised Code,
within the period
of
time
specified
in
division (C)
of this
section, shall provide a
written
notice
containing the
information
set forth in division
(B) of
this
section
to all of
the
persons described in divisions (A)(1) to (9) of this section. If the sheriff has sent a notice to the persons described in those divisions as a result of receiving a notice of intent to reside and if the offender or delinquent child registers a residence address that is the same residence address described in the notice of intent to reside, the sheriff is not required to send an additional notice when the offender or delinquent child registers. The sheriff shall provide the notice to all of the following persons: (1)(a) Any occupant of each residential unit that is located within one
thousand feet of
the offender's
or delinquent
child's residential premises, that
is located within
the county served by the sheriff,
and that is not located in a multi-unit building. Division (D)(3) of this section applies regarding notices required under this division. (b) If the offender or delinquent child resides in a multi-unit building, any occupant of each residential unit that is located in that multi-unit building and that shares a common hallway with the offender or delinquent child. For purposes of this division, an occupant's unit shares a common hallway with the offender or delinquent child if the entrance door into the occupant's unit is located on the same floor and opens into the same hallway as the entrance door to the unit the offender or delinquent child occupies. Division (D)(3) of this section applies regarding notices required under this division.
(c) The building manager, or the person the building owner or condominium unit owners association authorizes to exercise management and control, of each multi-unit building that is located within one thousand feet of the offender's or delinquent child's residential premises, including a multi-unit building in which the offender or delinquent child resides, and that is located within the county served by the sheriff. In addition to notifying the building manager or the person authorized to exercise management and control in the multi-unit building under this division, the sheriff shall post a copy of the notice prominently in each common entryway in the building and any other location in the building the sheriff determines appropriate. The manager or person exercising management and control of the building shall permit the sheriff to post copies of the notice under this division as the sheriff determines appropriate. In lieu of posting copies of the notice as described in this division, a sheriff may provide notice to all occupants of the multi-unit building by mail or personal contact; if the sheriff so notifies all the occupants, the sheriff is not required to post copies of the notice in the common entryways to the building. Division (D)(3) of this section applies regarding notices required under this division.
(d) All additional
persons who are within
any
category
of neighbors of the offender or delinquent child that
the attorney general by rule
adopted under section
2950.13 of the
Revised
Code requires to be
provided the notice and
who reside
within the county
served by the
sheriff; (2) The executive director of the public children services
agency that has
jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff; (3)(a) The superintendent of each board of education of a
school
district
that has schools within the specified geographical
notification area and that
is located within the county served by
the sheriff; (b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff
that the delinquent
child attends; (c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district
where the delinquent
child resides, the superintendent of
the board of education of a school
district that governs
the
school that the delinquent child attends and the principal of
the
school that the delinquent child attends. (4)(a) The appointing or hiring officer of each chartered
nonpublic
school
located within the specified geographical
notification area and within the
county served by the sheriff or
of each other school
located within the specified geographical
notification area and within the
county served by the sheriff and
that is not
operated by a board of education
described in division
(A)(3) of this section; (b) Regardless of the location of the school, the appointing
or
hiring officer of a chartered nonpublic school that the
delinquent child
attends. (5) The director, head teacher, elementary principal, or
site administrator
of each preschool program governed by Chapter
3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff; (6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified
geographical notification area and within the county
served by the
sheriff, and the provider of each
certified type B family day-care
home that is located
within the specified geographical
notification area and within the county
served by the sheriff. As
used in this division, "child day-care center,"
"type A family
day-care home," and "certified type B family day-care home"
have
the same meanings as in section 5104.01 of the Revised Code. (7) The president or other chief administrative officer of
each
institution of higher education, as defined in
section
2907.03 of the Revised Code, that is located within
the specified
geographical notification area and within the county served by
the
sheriff, and the chief
law enforcement officer of the state
university law enforcement
agency or campus police department
established under section
3345.04 or 1713.50 of the Revised Code,
if any, that serves
that institution; (8) The sheriff of each county that includes any portion of
the specified
geographical notification area; (9) If the offender
or delinquent child resides within the
county
served by the sheriff, the
chief of police, marshal, or
other chief law enforcement officer of the
municipal corporation
in which the offender
or delinquent child resides
or, if the
offender
or delinquent child
resides in an unincorporated area,
the constable or chief of the
police department or police district
police force of the
township in which the offender
or delinquent
child resides. (B) The notice required under division (A) of this
section
shall include all
of the following information regarding the
subject offender
or delinquent
child: (1) The offender's
or delinquent child's name; (2) The address or addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's residence address or addresses; (3) The sexually oriented offense or child-victim oriented offense of which the offender was
convicted,
to which the offender pleaded guilty,
or for which
the
child was
adjudicated a delinquent child; (4) All of the following statements that are applicable: (a) A statement that the offender
has
been
adjudicated a sexual
predator, a statement that the offender has been convicted of or pleaded guilty to an aggravated sexually oriented offense, a statement that the delinquent child has been adjudicated a sexual predator and that, as of the
date of the notice, the court has not entered a
determination that
the delinquent child no longer
is a sexual predator,
or a
statement that the sentencing or reviewing judge has
determined that
the offender
or delinquent child is a
habitual sex
offender
and that, as of the date of the notice, the determination
regarding a delinquent child has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code; (b) A statement that the offender has been adjudicated a child-victim predator, a statement that the delinquent child has been adjudicated a child-victim predator and that, as of the date of the notice, the court has not entered a determination that the delinquent child no longer is a child-victim predator, or a statement that the sentencing or reviewing judge has determined that the offender or delinquent child is a habitual child-victim offender and that, as of the date of the notice, the determination regarding a delinquent child has not been removed pursuant to section 2152.84 or 2152.85 of the Revised Code;
(5) The offender's or delinquent child's photograph. (C) If a sheriff with whom an offender
or delinquent child
registers
under section
2950.04, 2950.041, or 2950.05 of the Revised Code
or
to whom the offender or delinquent child most recently sent a
notice of intent to reside under section 2950.04 or 2950.041 of the Revised
Code is
required by
division
(A) of this section to provide
notices
regarding an offender
or delinquent
child and if, pursuant
to that
requirement, the sheriff provides a notice to
a sheriff of
one
or
more other counties in accordance with division (A)(8) of
this
section, the
sheriff of each of the other counties who is
provided
notice
under division (A)(8) of this section shall
provide the
notices described in
divisions
(A)(1) to (7) and
(A)(9) of this
section to each
person or entity identified within
those divisions
that is
located within the specified geographical
notification area and
within the
county served by the sheriff in
question. (D)(1) A sheriff required by division (A) or (C)
of this
section to provide notices regarding an offender
or delinquent
child shall provide the
notice to the neighbors that
are
described
in division (A)(1) of this
section and the notices to
law
enforcement personnel that are described in
divisions (A)(8)
and
(9) of this section as soon as practicable, but no later than
five days after the
offender sends the notice of intent to reside to the sheriff and
again no later than five days after the
offender
or
delinquent child registers with the sheriff or, if the
sheriff is
required by division
(C) to provide the notices, no
later than
five days after the sheriff
is provided the
notice
described in division (A)(8) of this section. A sheriff required by division (A) or (C) of this
section to
provide notices regarding an offender
or delinquent child
shall
provide the notices to
all other specified persons that are
described in divisions (A)(2) to (7) of
this section as soon as practicable, but not later
than seven days after the offender
or delinquent
child registers
with the
sheriff or, if the sheriff is required by division
(C) to
provide the notices, no
later than five days after the
sheriff is provided the
notice described in division (A)(8) of
this section. (2) If an offender
or delinquent child in relation to
whom
division (A) of this
section applies verifies the offender's
or
delinquent child's current
residence, school, institution of higher education, or place of employment
address, as applicable, with a sheriff
pursuant to section 2950.06 of the
Revised Code, the sheriff may
provide a
written notice containing the information set forth in
division
(B) of this section to the
persons identified in
divisions
(A)(1) to (9) of this section.
If a sheriff provides a
notice pursuant to this division to the
sheriff of one or more
other counties in accordance with
division (A)(8) of this
section,
the sheriff of each of the other counties who is
provided the
notice under division
(A)(8) of this section may
provide, but is
not required to provide, a written notice
containing the
information set forth in division
(B) of this section to the
persons identified in divisions
(A)(1) to (7) and (A)(9) of this
section. (3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and may provide notice under division (A)(1)(c) of this section to a building manager or person authorized to exercise management and control of a building, by mail, by personal contact, or by leaving the notice at or under the entry door to a residential unit. For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of division (A)(1)(c) of this section relating to the provision of notice to occupants of a multi-unit building by mail or personal contact, the provision of one written notice per unit is deemed as providing notice to all occupants of that unit. (E) All information that a sheriff possesses regarding a
sexual predator, a
habitual sex offender, a child-victim predator, or a habitual child-victim offender that is described in
division
(B) of this section and that must be provided
in a notice
required under division (A) or (C)
of this section or that may be
provided in a notice authorized under
division (D)(2) of this
section is a public record that is open
to inspection under
section 149.43 of the Revised Code. The sheriff shall not cause to be publicly disseminated
by means of the internet any of the information described in this division that is provided by a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender who is a juvenile offender registrant, except when the act that is the basis of
the child's classification as a juvenile offender registrant is
a violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section. (F)(1) The duties to provide the notices described in
divisions (A) and (C) of this section apply regarding any offender
or delinquent child who is in any of the following categories, if
the other criteria set forth in division (A) or (C) of this
section, whichever is applicable, are satisfied: (a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated a child-victim predator relative to the child-victim oriented offense for which the offender or child has the duty to register under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to section 2152.84 or 2152.85 of the Revised Code
regarding a delinquent child that the delinquent child no longer is a sexual
predator or no longer is a child-victim predator, whichever is applicable. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender or a habitual child-victim offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender or habitual child-victim offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code regarding a delinquent child. (c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender. (2) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense or a child-victim oriented offense, who
is not
in the category specified in either
division (F)(1)(a) or
(c) of this section, and who
is determined
pursuant to
division
(C)(2) or
(E) of section 2950.09 or 2950.091, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a
habitual sex
offender
or habitual child-victim offender unless the sentencing
or reviewing
court
imposes a requirement
in
the offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 or 2950.091 of
the Revised
Code, that subjects the
offender
or
the delinquent
child to the
provisions of this section. (G) The department of job and family services shall compile,
maintain,
and
update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each
agency, center, or home of that type, the
county in which it is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education,
schools, or programs of a type
described in division (A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
Ohio board of
regents shall compile, maintain, and update in
January and July of
each year, a list of
all institutions of a type described in
division
(A)(7) of this section that
contains the name of each
such institution, the county in which
it is located, its address
and telephone number, and the name of
its president or other chief
administrative officer. A sheriff
required by division (A) or (C)
of this section, or authorized by
division (D)(2) of this section,
to provide
notices regarding an offender
or delinquent child, or a
designee of a
sheriff of that type,
may request the department of
job and family services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are
to be provided. Upon receipt of a request, the
department or
board shall provide the requesting sheriff or
designee with the
names, addresses, and telephone numbers of the
appropriate persons
and entities to whom those notices are to be
provided. (H)(1) Upon the motion of the offender or the prosecuting attorney of the county in which the offender was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense for which the offender is subject to community notification under this section, or upon the motion of the sentencing judge or that judge's successor in office, the judge may schedule a hearing to determine whether the interests of justice would be served by suspending the community notification requirement under this section in relation to the offender. The judge may dismiss the motion without a hearing but may not issue an order suspending the community notification requirement without a hearing. At the hearing, all parties are entitled to be heard, and the judge shall consider all of the factors set forth in division (B)(3) of section 2950.09 of the Revised Code. If, at the conclusion of the hearing, the judge finds that the offender has proven by clear and convincing evidence that the offender is unlikely to commit in the future a sexually oriented offense or a child-victim oriented offense and if the judge finds that suspending the community notification requirement is in the interests of justice, the judge may suspend the application of this section in relation to the offender. The order shall contain both of these findings. The judge promptly shall serve a copy of the order upon the sheriff with whom the offender most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation.
An order suspending the community notification requirement does not suspend or otherwise alter an offender's duties to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that judge's successor in office, and an offender who is subject to the community notification requirement under this section may initially make a motion under division (H)(1) of this section upon the expiration of twenty years after the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code begins in relation to the offense for which the offender is subject to community notification. After the initial making of a motion under division (H)(1) of this section, thereafter, the prosecutor, judge, and offender may make a subsequent motion under that division upon the expiration of five years after the judge has entered an order denying the initial motion or the most recent motion made under that division.
(3) The offender and the prosecuting attorney have the right to appeal an order approving or denying a motion made under division (H)(1) of this section.
(4) Division (H) of this section does not apply to any of the following types of offender:
(a) A person who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and who, in relation to that offense, is adjudicated a sexually violent predator;
(b) A habitual sex offender or habitual child-victim oriented offender who is subject to community notification who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or a child-victim oriented offense;
(c) A sexual predator or child-victim predator who is not adjudicated a sexually violent predator who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or child-victim oriented offense.
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, and any written statement of any person submitted to the court pursuant to division (H) of section 2967.12 of the Revised Code. If a victim,
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, the prosecuting attorney, 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 or to which the person pleaded guilty, the time of conviction or the guilty plea, 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. The department of rehabilitation and correction, at the same time that it provides the notice to the prosecuting attorney and judge under this division, also shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(iii) of that section. (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 to a judge or prosecutor or posted on the database 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 provide
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. The notice of the further consideration shall be provided to the proper judge and prosecuting attorney by mail at least ten days before the further consideration, and, if the initial notice was posted on the database as provided in division (A) of this section, the notice of the further consideration shall be posted on the database 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 or posting 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. (H) In addition to and independent of the right of a victim to make a statement as described in division (A) of this section or pursuant to section 2930.17 of the Revised Code or to otherwise make a statement, the authority for a judge or prosecuting attorney to furnish statements and information, make recommendations, and give testimony as described in division (A) of this section, the right of a prosecuting attorney, judge, or victim to give testimony or submit a statement at a full parole board hearing pursuant to section 5149.101 of the Revised Code, and any other right or duty of a person to present information or make a statement, any person may send to the adult parole authority at any time prior to the authority's recommending a pardon or commutation or granting a parole for the offender a written statement relative to the offense and the pending action.
Sec. 2967.26. (A)(1) The department of rehabilitation and
correction, by
rule, may establish a transitional control program
for the purpose of
closely monitoring a prisoner's adjustment to
community
supervision during the final one hundred eighty days of
the
prisoner's confinement. If the department establishes a
transitional control program under this division, the adult
parole
authority may transfer eligible prisoners to transitional
control
status under the program during the final one hundred
eighty days
of their confinement and under the terms and conditions
established by the department, shall provide for the confinement
as provided in this division of each eligible prisoner so
transferred, and shall supervise each eligible prisoner so
transferred in one or more community control sanctions. Each
eligible prisoner who is transferred to transitional control
status under the program shall be confined in a suitable
facility
that is licensed pursuant to division
(C) of section 2967.14 of
the
Revised Code, or shall be confined in a
residence the
department has approved for this purpose and be
monitored pursuant
to an electronic monitoring device, as
defined in section 2929.01
of the
Revised Code. If the department
establishes a transitional
control program under this division,
the rules establishing the
program shall include criteria that
define which prisoners are
eligible for the program, criteria
that must be satisfied to be
approved as a residence that may be
used for confinement under the
program of a prisoner that is
transferred to it and procedures for
the department to approve
residences that satisfy those criteria,
and provisions of the
type described in division (C)
of this
section. At a minimum, the criteria that define which
prisoners
are eligible for the program shall provide all of the
following: (a) That a prisoner is eligible for
the program if the
prisoner is serving a prison term or term of
imprisonment for an
offense committed prior to
March 17, 1998, and if, at
the time at which eligibility
is being
determined, the prisoner would have been eligible for a
furlough
under this section as it existed immediately prior to
March 17,
1998, or would have
been eligible
for conditional release under former section 2967.23
of the
Revised Code as that section existed
immediately prior to
March 17, 1998; (b) That no prisoner who is serving a
mandatory prison term
is eligible for the program until after
expiration of the
mandatory term; (c) That no prisoner who is serving a
prison term or term of
life imprisonment without parole imposed
pursuant to section
2971.03 of the
Revised Code is eligible for the
program. (2) At least three weeks prior to
transferring to
transitional control under
this section a prisoner who is serving
a term of imprisonment or prison
term for an offense committed on
or after July 1, 1996,
the adult parole authority shall give
notice of the pendency of
the transfer to transitional control to
the court of common pleas of the county in which the indictment
against the
prisoner was found and of the fact that the court may
disapprove the
transfer of
the prisoner to transitional control
and shall include a report prepared by
the head of the state
correctional institution in which the prisoner is
confined. The
head of the state correctional institution in which the
prisoner
is confined, upon the request of the adult parole authority, shall
provide to the authority for inclusion in the notice sent to the
court under
this division a report on the prisoner's conduct in
the institution and in any
institution from which the prisoner may
have been transferred. The report
shall cover the prisoner's
participation in school, vocational training, work,
treatment, and
other rehabilitative activities and any disciplinary action
taken
against the prisoner. If the
court disapproves of the transfer of
the prisoner to transitional
control, the court shall notify
the
authority of the disapproval within
thirty
days after receipt of
the notice. If the court timely disapproves the
transfer
of the
prisoner to transitional control, the
authority shall not proceed
with the transfer.
If the court does not timely disapprove the
transfer of
the prisoner to transitional control, the
authority
may transfer the
prisoner to transitional control. (3) If the victim of an offense for which a prisoner was
sentenced to a prison term or term of imprisonment has requested
notification under section 2930.16 of the Revised Code and has
provided the
department of rehabilitation and correction with the
victim's name and
address, the adult parole authority, at least
three weeks prior to
transferring the prisoner to
transitional
control pursuant to this section, shall notify
the victim of the
pendency of the transfer and of the
victim's right to submit
a
statement to the authority regarding the impact of the
transfer of
the
prisoner to transitional control. If the victim
subsequently
submits a statement of that nature to the authority, the
authority
shall consider the statement in deciding whether to
transfer the
prisoner to transitional control. (4) The department of rehabilitation and correction, at least three weeks prior to a hearing to transfer the prisoner to transitional control pursuant to this section, shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the prisoner's name and all of the information specified in division (A)(1)(c)(iv) of that section. In addition to and independent of the right of a victim to submit a statement as described in division (A)(3) of this section or to otherwise make a statement and in addition to and independent of any other right or duty of a person to present information or make a statement, any person may send to the adult parole authority at any time prior to the authority's transfer of the prisoner to transitional control a written statement regarding the transfer of the prisoner to transitional control. In addition to the information, reports, and statements it considers under divisions (A)(2) and (3) of this section or that it otherwise considers, the authority shall consider each statement submitted in accordance with this division in deciding whether to transfer the prisoner to transitional control. (B) Each prisoner
transferred to transitional control under
this section shall be
confined in the manner described in division
(A) of this
section during any period of time that the prisoner is
not actually working at the prisoner's approved employment,
engaged
in a vocational training or another educational program,
engaged in another
program
designated by the director, or engaged
in other activities approved by the
department. (C) The department of rehabilitation and correction shall
adopt rules for
transferring eligible prisoners to transitional
control, supervising and confining prisoners so transferred,
administering the
transitional control program in accordance with
this
section, and using the moneys deposited into the transitional
control fund established under division (E) of this section. (D) The department of rehabilitation and correction may
adopt
rules for the issuance of passes for the limited purposes
described in this division to prisoners who are transferred to
transitional control under this section. If the department
adopts
rules of that nature, the rules shall govern the granting
of the
passes and shall provide for the supervision of prisoners
who are
temporarily released pursuant to one of those passes. Upon the
adoption of
rules under this division, the department may issue
passes to
prisoners who are transferred to transitional control
status
under this section in accordance with the rules and the
provisions of this division. All passes issued under this
division shall be for a maximum of forty-eight hours and may be
issued only for the following purposes: (1) To visit a
relative
in imminent danger of death; (2) To
have a private viewing of the
body of a deceased relative; (3) To visit with family; (4) To otherwise aid in the rehabilitation of the
prisoner. (E) The adult parole authority may require a
prisoner
who is
transferred to transitional control to pay to
the division of
parole and community services
the reasonable expenses incurred by
the division in supervising or confining the prisoner while under
transitional control. Inability to pay those
reasonable expenses
shall not be
grounds
for refusing to transfer an otherwise
eligible
prisoner to transitional control. Amounts received by
the division of
parole and community services
under this division
shall be deposited into the transitional
control fund, which is
hereby created in the state treasury and which hereby replaces and
succeeds
the furlough services fund that formerly existed in the
state treasury. All
moneys that remain in the furlough services
fund on
March 17, 1998, shall
be
transferred on that date to the transitional control fund. The
transitional
control fund shall be used
solely to pay costs
related to the operation of the transitional control
program
established under this section. The director of
rehabilitation
and correction shall adopt rules in accordance
with section 111.15
of the Revised Code for the use of the fund. (F) A prisoner who violates any rule established by the
department of rehabilitation and correction under
division (A),
(C), or (D) of this section may
be transferred to
a state
correctional institution pursuant to rules adopted under
division
(A), (C), or (D) of this section, but the
prisoner shall receive
credit
towards completing the prisoner's sentence for the time
spent
under transitional control. If a prisoner is transferred to transitional control under
this section, upon successful completion of the period of
transitional control, the prisoner may be
released on parole or
under post-release control pursuant to section 2967.13
or 2967.28
of the Revised Code and rules
adopted by the department of
rehabilitation and
correction. If the prisoner is released under
post-release control, the
duration of
the post-release control,
the type of post-release control
sanctions that may be imposed,
the enforcement of the sanctions,
and the treatment of prisoners
who violate any sanction
applicable to the prisoner are governed
by section 2967.28 of
the Revised Code.
Sec. 5120.66. (A) Within ninety days after the effective date of this section but not before January 1, 2006, the department of rehabilitation and correction shall establish and operate on the internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a sentence imposed for a conviction of or plea of guilty to any offense, all of the following information:
(a) The inmate's name;
(b) For each offense for which the inmate was sentenced to a prison term or term of imprisonment and is in the department's custody, the name of the offense, the Revised Code section of which the offense is a violation, the gender of each victim of the offense if those facts are known, whether each victim of the offense was an adult or child if those facts are known, the range of the possible prison terms or term of imprisonment that could have been imposed for the offense, the actual prison term or term of imprisonment imposed for the offense, the county in which the offense was committed, the date on which the inmate began serving the prison term or term of imprisonment imposed for the offense, and either the date on which the inmate will be eligible for parole relative to the offense if the prison term or term of imprisonment is an indefinite term or life term or the date on which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable regarding the inmate:
(i) If known to the department prior to the conduct of any hearing for judicial release of the defendant pursuant to section 2929.20 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the fact that the inmate will be having a hearing regarding a possible grant of judicial release, the date of the hearing, and the right of any person pursuant to division (J) of that section to submit to the court a written statement regarding the possible judicial release;
(ii) If the inmate is serving a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code as a sexually violent predator who committed a sexually violent offense, prior to the conduct of any hearing pursuant to section 2971.05 of the Revised Code to determine whether to modify the requirement that the inmate 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, notice of the fact that the inmate will be having a hearing regarding those determinations and of the date of the hearing;
(iii) At least three weeks before the adult parole authority recommends a pardon or commutation of sentence for the inmate or at least three weeks prior to a hearing before the adult parole authority regarding a grant of parole to the inmate in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the fact that the inmate might be under consideration for a pardon or commutation of sentence or will be having a hearing regarding a possible grant of parole, of the date of any hearing regarding a possible grant of parole, and of the right of any person to submit a written statement regarding the pending action;
(iv) At least three weeks before the inmate has a hearing regarding a transfer to transitional control under section 2967.26 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the pendency of the transfer, of the date of the possible transfer, and of the right of any person to submit a statement regarding the possible transfer;
(v) Prompt notice of the inmate's escape from any facility in which the inmate was incarcerated and of the capture of the inmate after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement, notice of the fact that the inmate will be released, of the date of the release, and, if applicable, of the standard terms and conditions of the release; (viii) Notice of the inmate's judicial release.
(2) Information as to where a person can send written statements of the types referred to in divisions (A)(1)(c)(i), (iii), and (iv) of this section.
(B)(1) The department shall update the database required under division (A) of this section every twenty-four hours to ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section is a public record open for inspection under section 149.43 of the Revised Code. The department shall make the database searchable by inmate name and by the county and zip code where the offender intends to reside after release from a state correctional institution if this information is known to the department.
(3) The database required under division (A) of this section may contain information regarding inmates who are listed in the database in addition to the information described in that division. (4) No information included on the database required under division (A) of this section shall identify or enable the identification of any victim of any offense committed by an inmate.
(C) The failure of the department to comply with the requirements of division (A) or (B) of this section does not give any rights or any grounds for appeal or post-conviction relief to any inmate.
(D) This section, and the related provisions of sections 2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted in the act in which this section was enacted, shall be known as "Laura's Law."
SECTION 2. That existing sections 109.42, 2929.20, 2950.10, 2950.11, 2967.03, 2967.12, and 2967.26 of the Revised Code are hereby repealed.
SECTION 3. Section 2967.26 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 490 and Sub. H.B. 510 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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