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H. B. No. 15 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Hoops, Aslanides, Blessing, Bubp, Calvert, Collier, Combs, C. Evans, Fessler, Gibbs, Hagan, Hughes, Kearns, Latta, Law, Martin, McGregor, T. Patton, Reidelbach, Setzer, Schaffer, Webster, White, Widener, Widowfield, Willamowski, Wolpert, Allen, Barrett, Carano, DeGeeter, Distel, Driehaus, Hartnett, Otterman, S. Patton, Perry, Ujvagi
A BILLTo amend sections 2929.20, 2967.01, 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 serving a prison term for certain designated violence-related or sex-related offenses; to grant any person a right to submit a written statement regarding certain possible releases or transfers of any such inmate; to require the judge or the Adult Parole Authority to consider any such statement prior to granting or recommending the release of or transfer for any such inmate; and to specify that these provisions are to be known as "Laura's Law." BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.20, 2967.01, 2967.03, 2967.12, and 2967.26 be amended and section 5120.66 of the Revised Code be enacted to read as follows:
Sec. 2929.20. (A) As used in this section,
"eligible: (1) "Eligible
offender" means any person serving a stated prison term of ten
years or less when either of the following applies: (1)(a) The stated
prison term does not include a mandatory
prison term.
(2)(b) The stated prison term includes a mandatory
prison term,
and the person has served the
mandatory prison term.
(2) "Designated violence-related or sex-related offense" has the same meaning as in section 5120.66 of the Revised Code. (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 the head of the state
correctional
institution in which the eligible offender is confined. Upon receipt of a copy of the notice of the court from the eligible offender, if the eligible offender is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, 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 immediately 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 (B)(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, and, if the eligible offender is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, the court also shall 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. (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, if the eligible offender is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, 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. 2967.01. As used in this chapter: (A) "State correctional institution" includes
any institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, care, or
treatment of criminal, delinquent, or psychologically or psychiatrically
disturbed offenders. (B) "Pardon" means the remission of penalty by the
governor in accordance with the power vested in the governor by the
constitution. (C) "Commutation" or "commutation of sentence" means the
substitution by the governor of a lesser for a greater
punishment. A stated prison term may be commuted
without the consent of
the convict, except when granted upon the acceptance and
performance by the convict of conditions precedent. After
commutation, the commuted prison term shall be the only one in
existence. The commutation may be stated in terms of commuting
from a named offense to a lesser included offense with
a shorter prison term, in terms of commuting from a stated prison
term in months and years to a shorter prison term in months and
years, or in terms of commuting from any other stated prison term to
a shorter prison term. (D) "Reprieve" means the temporary suspension by the governor of the
execution of a sentence or prison term. The governor may grant a reprieve
without the consent of and against the will of the convict. (E) "Parole" means, regarding a prisoner who is serving a prison
term for aggravated murder or murder, who is serving a prison term of life
imprisonment for rape or for felonious sexual penetration as it
existed under section 2907.12 of the Revised Code prior to
September 3, 1996, or who was sentenced
prior to July
1, 1996, a release of the
prisoner from confinement in any state correctional institution by the adult
parole authority that is subject to the eligibility criteria specified in this
chapter and that is under the terms and conditions, and for the period of
time, prescribed by the authority in its published rules and official minutes
or required by division (A) of section 2967.131 of the Revised Code or another
provision of this chapter. (F) "Head of a state correctional institution" or
"head of the institution" means the resident head of the
institution and the person immediately in charge of the
institution, whether designated warden, superintendent, or
any other name by which the head is known. (G) "Convict" means a person who has been convicted of a
felony under the laws of this state, whether or not actually
confined in a state correctional institution, unless the person
has been pardoned or has served the person's sentence or prison
term. (H) "Prisoner" means a person who is in actual confinement
in a state correctional institution. (I) "Parolee" means any inmate who has been released from
confinement on parole by order of the adult parole authority or
conditionally pardoned, who is under supervision of the adult
parole authority and has not been granted a final release, and who has not
been declared in violation of the inmate's parole by
the authority or is performing the prescribed conditions of a
conditional pardon. (J) "Releasee" means an inmate who has been released from
confinement pursuant to section 2967.28 of the Revised
Code under a period of post-release control that includes one or more
post-release control sanctions. (K) "Final release" means a remission by the adult parole
authority of the balance of the sentence or prison term of a parolee or
prisoner or the termination by the authority of a term of
post-release control of a releasee. (L) "Parole violator" or "release violator" means any parolee or releasee who
has been declared to be in violation of the condition of parole or
post-release control specified in division (A) or (B) of
section
2967.131 of the Revised Code or in
violation of any other term, condition, or rule of the parolee's or releasee's
parole or of the parolee's or releasee's post-release control sanctions, the
determination of which has been made by the adult parole authority and
recorded in its official minutes. (M) "Administrative release" means a termination of
jurisdiction over a particular sentence or prison term by the adult
parole authority for administrative convenience. (N) "Post-release control"
means a period of supervision by the adult parole
authority after a prisoner's release from imprisonment that includes one or
more post-release control sanctions imposed under section
2967.28 of the Revised Code. (O) "Post-release
control sanction" means a sanction that is authorized under
sections 2929.16 to 2929.18 of the
Revised Code and that is
imposed upon a prisoner upon the prisoner's
release from a prison
term. (P) "Community control sanction,"
"prison term," "mandatory prison term," and
"stated prison term" have the same meanings
as in section 2929.01 of the Revised Code. (Q) "Transitional control" means control of a prisoner under the
transitional control program established by the department of rehabilitation
and correction under section 2967.26 of the Revised Code, if the department
establishes a
program of that nature under that section. (R) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code. (S) "Designated violence-related or sex-related offense" has the same meaning as in section 5120.66 of the Revised Code.
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, if the convict or prisoner is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, 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 or
victim's
representative 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 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. If the person is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, 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 (B)(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. (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, if the offender is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, 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) If the prisoner is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, the adult parole authority, at least three weeks prior to transferring 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 (B)(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, if the offender is serving a prison term or term of imprisonment for any designated violence-related or sex-related offense, 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) As used in this section, "designated violence-related or sex-related offense" means any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.08, 2903.11, 2903.12, 2903.15, 2905.01, 2905.02, 2907.02, 2907.03, 2907.05, 2907.07, 2907.21, 2907.22, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, or 2921.38 of the Revised Code;
(2) A felony violation of section 2903.06, 2903.13, 2903.21, 2903.211, 2905.05, 2907.04, 2907.08, 2907.31, 2917.21, 2919.22, 2919.23, 2919.25, 2919.27, or 2921.34 of the Revised Code;
(3) An attempt to commit or complicity in committing a violation listed in division (A)(1) or (2) of this section, if the attempt or complicity is a felony.
(B) Not later than ninety days after the effective date of this section, 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 designated violence-related or sex-related offense, all of the following information:
(b) For each designated violence-related or sex-related offense for which the inmate was sentenced to a prison term or term of imprisonment and is in the department's custody and for each other offense for which the inmate was so sentenced and is in the department's custody, the name of the offense, the Revised Code section of which the offense is a violation, the age and gender of each victim of the offense 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) 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, of the date of the hearing, and of the right of any person pursuant to division (I) 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 is transferred 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 terms and conditions of the release.
(2) Information as to where a person can send written statements of the types referred to in divisions (B)(1)(c)(i), (iii), and (iv) of this section.
(C)(1) The department shall update the database required under division (B) of this section as often as is necessary to ensure that the information it contains is accurate and current.
(2) The database required under division (B) 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, zip code, and school district in which was committed any offense resulting in an inmate who is listed in the database being in the custody of the department.
(3) The database required under division (B) 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 (B) of this section shall identify or enable the identification of any victim of any offense committed by an inmate.
(D) The failure of the department to comply with the requirements of division (B) or (C) of this section does not give any rights or any grounds for appeal or post-conviction relief to any inmate.
(E) This section, and the related provisions of sections 2929.20, 2967.01, 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 2929.20, 2967.01, 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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