Section 1. That sections 2743.191 and 2971.05 be amended and sections 5122.51, 5122.52, 5122.53, 5122.54, 5122.55, 5122.56, 5122.57, 5122.58, 5122.59, 5122.60, 5122.61, and 5122.62 of the Revised Code be enacted to read as follows:

Sec. 2743.191.  (A)(1) There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes:

(a) The payment of awards of reparations that are granted by the attorney general;

(b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code;

(c) The compensation of witnesses as provided in division (J) of section 2743.65 of the Revised Code;

(d) Other administrative costs of hearing and determining claims for an award of reparations by the attorney general;

(e) The costs of administering sections 2907.28 and 2969.01 to 2969.06 of the Revised Code;

(f) The costs of investigation and decision-making as certified by the attorney general;

(g) The provision of state financial assistance to victim assistance programs in accordance with sections 109.91 and 109.92 of the Revised Code;

(h) The costs of paying the expenses of sex offense-related examinations and antibiotics pursuant to section 2907.28 of the Revised Code;

(i) The cost of printing and distributing the pamphlet prepared by the attorney general pursuant to section 109.42 of the Revised Code;

(j) Subject to division (D) of section 2743.71 of the Revised Code, the costs associated with the printing and providing of information cards or other printed materials to law enforcement agencies and prosecuting authorities and with publicizing the availability of awards of reparations pursuant to section 2743.71 of the Revised Code;

(k) The payment of costs of administering a DNA specimen collection procedure pursuant to sections 2152.74 and 2901.07 of the Revised Code, of performing DNA analysis of those DNA specimens, and of entering the resulting DNA records regarding those analyses into the DNA database pursuant to section 109.573 of the Revised Code;

(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year;

(m) The costs of administering the adult parole authority's supervision pursuant to division (E) of section 2971.05 of the Revised Code of sexually violent predators who are sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code, of offenders who are sentenced to a prison term pursuant to division (B)(1)(a), (b), or (c) of that section for a violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and of offenders who are sentenced to a prison term pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code for attempted rape and a specification of the type described in section 2941.1418, 2941.1419, 2941.1420 of the Revised Code.

(2) All costs paid pursuant to section 2743.70 of the Revised Code, the portions of license reinstatement fees mandated by division (F)(2)(b) of section 4511.191 of the Revised Code to be credited to the fund, the portions of the proceeds of the sale of a forfeited vehicle specified in division (C)(2) of section 4503.234 of the Revised Code, payments collected by the department of rehabilitation and correction from prisoners who voluntarily participate in an approved work and training program pursuant to division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all moneys collected by the state pursuant to its right of subrogation provided in section 2743.72 of the Revised Code shall be deposited in the fund.

(B) In making an award of reparations, the attorney general shall render the award against the state. The award shall be accomplished only through the following procedure, and the following procedure may be enforced by writ of mandamus directed to the appropriate official:

(1) The attorney general shall provide for payment of the claimant or providers in the amount of the award only if the amount of the award is fifty dollars or more.

(2) The expense shall be charged against all available unencumbered moneys in the fund.

(3) If sufficient unencumbered moneys do not exist in the fund, the attorney general shall make application for payment of the award out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests or requests for releases from the other appropriations.

(4) If sufficient moneys do not exist in the account or any other appropriation for emergencies or contingencies to pay the award, the attorney general shall request the general assembly to make an appropriation sufficient to pay the award, and no payment shall be made until the appropriation has been made. The attorney general shall make this appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. If, prior to the time that an appropriation is made by the general assembly pursuant to this division, the fund has sufficient unencumbered funds to pay the award or part of the award, the available funds shall be used to pay the award or part of the award, and the appropriation request shall be amended to request only sufficient funds to pay that part of the award that is unpaid.

(C) The attorney general shall not make payment on a decision or order granting an award until all appeals have been determined and all rights to appeal exhausted, except as otherwise provided in this section. If any party to a claim for an award of reparations appeals from only a portion of an award, and a remaining portion provides for the payment of money by the state, that part of the award calling for the payment of money by the state and not a subject of the appeal shall be processed for payment as described in this section.

(D) The attorney general shall prepare itemized bills for the costs of printing and distributing the pamphlet the attorney general prepares pursuant to section 109.42 of the Revised Code. The itemized bills shall set forth the name and address of the persons owed the amounts set forth in them.

(E) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.

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

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

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

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

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

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

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

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

(a) The offender requests the hearing;

(b) Upon the court's own motion;

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

(B)(1) Before a court holds a hearing pursuant to division (A) of this section, the court shall provide notice of the date, time, place, and purpose of the hearing to the offender, the prosecuting attorney, the department of rehabilitation and correction, and the adult parole authority and shall request the department to prepare pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment and report relative to the offender. The offender has the right to be present at any hearing held under this section. At the hearing, the offender and the prosecuting attorney may make a statement and present evidence as to whether the requirement that the offender serve the entire prison term in a state correctional institution should or should not be modified, whether the existing modification of the requirement should be continued, revised, or revoked, and whether the prison term should or should not be terminated.

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

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

(C)(1) If, at the conclusion of a hearing held pursuant to division (A) of this section, the court determines by clear and convincing evidence that the offender will not represent a substantial risk of physical harm to others, the court may modify the requirement that the offender serve the entire prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code in a state correctional institution in a manner that the court considers appropriate. If the court modifies the requirement for an offender whose prison term was imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, the court shall order the adult parole authority to supervise the offender and shall require that the authority's supervision of the offender be pursuant to division (E) of this section. If the court modifies the requirement for an offender whose prison term was imposed pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code, the court shall order the adult parole authority to supervise the offender and may require that the authority's supervision of the offender be pursuant to division (E) of this section.

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

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

(D)(1) If, at the conclusion of a hearing held pursuant to division (A) of this section, the court determines by clear and convincing evidence that the offender is unlikely to commit a sexually violent offense in the future, the court may terminate the offender's prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, subject to the offender satisfactorily completing the period of conditional release required by this division and, if applicable, compliance with division (E) of this section. If the court terminates the prison term, the court shall place the offender on conditional release for five years, require the offender to comply with division (E) of this section, notify the adult parole authority of its determination and of the termination of the prison term, and order the adult parole authority to supervise the offender during the five-year period of conditional release or, if division (E) applies to the offender, and to supervise the offender pursuant to and for the period of time specified in that division (E) of this section. If the court terminates the prison term for an offender whose prison term was imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code, the court shall require that the authority's supervision of the offender be pursuant to division (E) of this section. If the court terminates the prison term for an offender whose prison term was imposed pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code, the court may require that the authority's supervision of the offender be pursuant to division (E) of this section. Upon receipt of a notice from a court pursuant to this division, the adult parole authority shall supervise the offender who is the subject of the notice during the five-year period of conditional release, periodically notify the court of the offender's activities during that five-year period of conditional release, and file with the court no later than thirty days prior to the expiration of the five-year period of conditional release a written recommendation as to whether the termination of the offender's prison term should be finalized, whether the period of conditional release should be extended, or whether another type of action authorized pursuant to this chapter should be taken.

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

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

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

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

(3) The termination of an offender's prison term pursuant to division (D)(1) or (2) of this section does not affect the classification of the offender, as described in division (F) of section 2971.03 of the Revised Code, as a sexual predator for purposes of Chapter 2950. of the Revised Code, does not terminate the adult parole authority's supervision of the offender, and, if the court had required the supervision of the offender to be pursuant to division (E) of this section, does not terminate the supervision of the offender with an active global positioning system device, pursuant to that division (E) of this section. The classification of the offender as a sexual predator is permanent and continues until the offender's death as described in division (D)(2) of section 2950.09 of the Revised Code.

(E) If a prison term imposed upon an offender pursuant to division (A)(3), (B)(1)(a), (b), or (c) or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code is modified as provided in division (C) of this section or terminated as provided in division (D) of this section, the adult parole authority shall supervise the offender with an active global positioning system device during any time period in which the offender is not incarcerated in a state correctional institution. If a prison term imposed upon an offender pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code is modified as provided in division (C) of this section or terminated as provided in division (D) of this section, and if the court requires that the adult parole authority's supervision of the offender be pursuant to this division, the authority shall supervise the offender with an active global positioning system device during any time period in which the offender is not incarcerated in a state correctional institution. If the adult parole authority is required to supervise the offender with an active global positioning system device as described in this division, unless the court removes the offender's classification as a sexually violent predator regarding an offender whose prison term was imposed under division (A)(3) of section 2971.03 of the Revised Code or terminates the requirement that supervision of the offender be pursuant to this division regarding an offender whose prison term was imposed under division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code, the offender is subject to supervision with an active global positioning system pursuant to this division for the offender's entire life. The offender shall pay the costs of administering the supervision of offenders with an the active global positioning system device pursuant to this division shall be paid out of funds from the reparations fund, created pursuant to section 2743.191 of the Revised Code supervision. The authority may waive payment of all or part of the costs of the supervision upon a showing by the offender that the offender is unable to pay all or part of those cost. This division shall only apply to a sexually violent predator sentenced pursuant to division (A)(3) of section 2971.03 of the Revised Code who is released from the custody of the department of rehabilitation and correction on or after September 29, 2005, or an offender sentenced pursuant to division (B)(1) or (2) of section 2971.03 of the Revised Code on or after the effective date of this amendment January 2, 2007.

Sec. 5122.51.  As used in sections 5122.51 to 5122.62 of the Revised Code:

(A) "Likely to engage in repeat acts of sexual violence" means that the degree of the person's propensity to commit acts of sexual violence poses a menace to the health and safety of others.

(B) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to commit a sexually violent act in a degree constituting the person a menace to the health and safety of others.

(C) "Post-release control" has the same meaning as in section 2967.01 of the Revised Code.

(D) "Sexual motivation" and "sexually violent offense" have the same meanings as in section 2971.01 of the Revised Code.

(E) "Sexually violent predator" means any person who has been convicted of, pleaded guilty to, or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in repeat acts of sexual violence.

Sec. 5122.52.  (A)(1) The department of rehabilitation and correction shall send the notice described in division (B) of this section to the prosecuting attorney and to the multidisciplinary team established in division (D) of this section at least ninety days prior to the scheduled release from imprisonment of the person who is the subject of the notice if that person meets the criteria of a sexually violent predator.

(2) The prosecuting attorney promptly after the adjudication shall send the notice described in division (B) of this section to the multidisciplinary team established in division (D) of this section if the person who is the subject of the notice was charged with a sexually violent offense and the person was adjudicated incompetent to stand trial or not guilty by reason of insanity.

(B) The notice sent pursuant to division (A) of this section shall contain all of the following with respect to the person who is the subject of the notice:

(1) The person's name, identifying factors, anticipated future residence, and offense history;

(2) The date on which the person is scheduled to be released or the date on which the person is adjudicated incompetent to stand trial or not guilty by reason of insanity;

(3) Documentation of institutional adjustment of the person if the person is institutionalized and of any treatment the person has received.

(C) The department of rehabilitation and correction, its employees and officials, the members of the multidisciplinary team established pursuant to division (D) of this section, the members of the prosecutor's review committee appointed as provided in division (E) of this section, and any individual contracting, appointed, or volunteering to perform services under this section shall be immune from civil liability in damages for any injury, death, or loss allegedly caused by any actions or omissions made in good faith under this section.

(D) The director of rehabilitation and correction shall establish a multidisciplinary team that may include individuals from other state agencies. The team shall determine whether a person described in a notice the team receives pursuant to division (A) of this section is a sexually violent predator and shall review available records of the person. Within thirty days of receiving a notice as described in division (A) of this section, the team shall determine whether or not the person who is the subject of the notice is a sexually violent predator. The team shall notify the prosecuting attorney of its determination.

(E) Each prosecuting attorney shall appoint a prosecutor's review committee to review the records of any person described in a notice the prosecuting attorney receives or sends pursuant to division (A) of this section. The prosecutor's review committee shall assist the prosecuting attorney in determining whether or not the person meets the definition of a sexually violent predator. The prosecuting attorney shall make available to the prosecutor's review committee the determination of the multidisciplinary team made with respect to any person described in a notice the prosecuting attorney receives or sends pursuant to division (A) of this section.

(F) When a prosecutor's review committee appointed under division (E) of this section determines that the person who is the subject of a notice described in division (A)(1) of this section meets the definition of a sexually violent predator or any time after the prosecuting attorney sends the notice described in division (A)(2) of this section, the prosecuting attorney may file a petition for civil commitment of the person pursuant to sections 5122.51 to 5122.62 of the Revised Code in the probate court of the county in which the person was convicted of or pleaded guilty to the offense for which the person is serving a prison term, was adjudicated incompetent to stand trial, or was found not guilty by reason of insanity. The petition shall allege that the person is a sexually violent predator and state sufficient facts to support that allegation. The prosecuting attorney shall file the petition with respect to a person who is an alleged sexually violent predator within seventy-five days of the date the prosecuting attorney received or sent the written notice with respect to the person pursuant to divisions (A) and (B) of this section.

Sec. 5122.53.  (A) Upon the filing of a petition pursuant to division (F) of section 5122.52 of the Revised Code, the probate court judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the judge determines probable cause exists to believe that the person is a sexually violent predator, the judge shall direct the sheriff to take the person into custody.

(B) Within seventy-two hours after a person who is an alleged sexually violent predator is taken into custody pursuant to division (A) of this section, the court shall provide the alleged sexually violent predator with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. At this hearing, the court shall verify the alleged sexually violent predator's identity and again determine whether probable cause exists to believe that the person is a sexually violent predator. The prosecuting attorney may rely upon the petition and supplement the petition with additional documentary evidence.

(C) At the probable cause hearing held pursuant to division (B) of this section, the alleged sexually violent predator shall have the following rights in addition to the rights described in division (B) of this section:

(1) The right to be represented by counsel;

(2) The right to present evidence on the alleged sexually violent predator's behalf;

(3) The right to cross-examine witnesses who testify against the alleged sexually violent predator;

(4) The right to view and copy all petitions and reports in the court file.

(D) If the court determines at a probable cause hearing held pursuant to division (B) of this section that probable cause does not exist that a person who is an alleged sexually violent predator is a sexually violent predator, the court shall order the person to be released or, if the person was serving a prison or jail term when taken into custody by the sheriff pursuant to division (A) of this section, returned to the facility in which the person was incarcerated.

If the court determines at a probable cause hearing held pursuant to division (B) of this section that probable cause exists that a person who is an alleged sexually violent predator is a sexually violent predator, the court shall direct that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator. The evaluation of the alleged sexually violent predator shall be conducted by a qualified professional person designated by the court. When the alleged sexually violent predator wishes to be examined by a qualified expert or professional person of the alleged sexually violent predator's choice in addition to the person designated by the court, the examiner shall be permitted to have reasonable access to the person for the purpose of the examination, as well as to all relevant medical and psychological records and reports of the person. If the court determines that the services are necessary and the expert or professional person's requested compensation for the services provided is reasonable, the court shall assist the alleged sexually violent predator in obtaining an expert or professional person to perform an examination or participate in the trial on the alleged sexually violent predator's behalf. The court shall approve payment for the services provided by the expert or professional person upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the alleged sexually violent predator, and compensation received in the same case or for the same services from any other source.

Sec. 5122.54.  (A) Within sixty days after finding at a probable cause hearing held pursuant to division (B) of section 5122.53 of the Revised Code that probable cause exists that a person who is an alleged sexually violent predator is a sexually violent predator, the court shall conduct a trial to determine whether the person who was the subject of the probable cause hearing is a sexually violent predator. If a continuance will not substantially prejudice the alleged sexually violent offender, the court may grant a continuance upon request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice. At all stages of the proceedings under this section, the alleged sexually violent predator is entitled to the assistance of counsel, and if the alleged sexually violent predator is indigent, the court shall appoint counsel to assist the alleged sexually violent predator. The alleged sexually violent predator, prosecuting attorney, or judge has the right to demand that the trial be before a jury. A demand for a jury trial shall be filed, in writing, at least four days prior to trial. If no demand is made, the trial shall be before the court.

(B)(1) If the person who is the subject of the trial conducted pursuant to division (A) of this section has been found incompetent to stand trial, the court shall hear evidence and determine whether the person did commit the acts charged prior to hearing evidence and determining whether the person is a sexually violent predator. The hearing on this issue shall comply with all the procedures specified in division (A) of this section. In addition, the rules of evidence applicable in criminal cases and all constitutional rights available to criminal defendants at criminal trials, other than the right not to be tried while incompetent, apply to the hearing held pursuant to division (B)(1) of this section.

(2) After the hearing held pursuant to division (B)(1) of this section, the court shall enter an order containing the following specific findings:

(a) Whether, beyond a reasonable doubt, the person committed the act or acts charged;

(b) The extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf;

(c) The extent to which the evidence could be reconstructed without the assistance of the person;

(d) The strength of the prosecution's case.

(3) If the court finds, beyond a reasonable doubt, that the person did commit the acts charged, the court may proceed to hold the trial pursuant to division (A) of this section. The order that the court enters pursuant to division (B)(2) of this section is a final order that may be appealed.

(C)(1) At the trial held pursuant to division (A) of this section, the court or jury, if the trial is tried before a jury, shall determine by proof beyond a reasonable doubt whether the person who is the subject of the trial has been convicted of or charged with a sexually violent offense and suffers from a mental abnormality or personality disorder that makes the person likely to engage in repeat acts of sexual violence. If the determination is made by a jury, the jury shall make the determination by unanimous verdict. The determination is a final order that may be appealed.

(2) At the conclusion of the trial, the court shall do one of the following:

(a) If the court or jury determines that the alleged sexually violent predator has been convicted of or charged with a sexually violent offense and suffers from a mental abnormality or personality disorder that makes the person likely to engage in repeat acts of sexual violence, the court shall adjudicate the person a sexually violent predator. If the sexually violent predator is serving a prison term, the court shall commit the sexually violent predator to the custody of the director of rehabilitation and correction for the completion of the prison term and, upon the completion of the prison term, civilly commit the sexually violent predator to the custody of the director of mental health for control, care, and treatment. If the sexually violent predator is not serving a prison term, the court shall civilly commit the sexually violent predator to the custody of the director of mental health for control, care, and treatment.

(b) If the court or jury does not determine that the alleged sexually violent predator has been convicted of or charged with a sexually violent offense and suffers from a mental abnormality or personality disorder that makes the alleged sexually violent predator likely to engage in repeat acts of sexual violence and if the alleged sexually violent predator is serving a prison term, the court shall commit the alleged sexually violent predator to the custody of the director of rehabilitation and correction for the completion of the prison term.

(c) If the court or jury does not determine that the alleged sexually violent predator has been convicted of or charged with a sexually violent offense and suffers from a mental abnormality or personality disorder that makes the person likely to engage in repeat acts of sexual violence and if the alleged sexually violent predator is not serving a prison term, the court shall release the alleged sexually violent predator.

(d) If the trial results in a mistrial, the court shall direct that the alleged sexually violent predator be held at an appropriate secure facility until another trial is conducted. Any subsequent trial following a mistrial shall be held within ninety days of the previous trial, unless the subsequent trial is continued. The subsequent trial may be continued in the same manner and for the same reasons as the original trial.

Sec. 5122.55.  (A)(1) Each person civilly committed to the department of mental health pursuant to section 5122.54 of the Revised Code shall have an annual examination of the person's mental condition. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert or professional person to examine the person, and the expert or professional person shall have access to all records concerning the person. The department shall provide the report of the annual examination to the court that committed the person pursuant to section 5122.54 of the Revised Code.

(2) The court shall conduct an annual review of the status of the committed person. Nothing contained in sections 5122.51 to 5122.62 of the Revised Code prohibits the person from otherwise petitioning the court for discharge at this annual review. The department of mental health shall provide the committed person with an annual written notice of the person's right to petition the court for discharge over the department's objection. The notice shall contain a waiver of rights. The department shall forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent the person at the annual review, but the person is not entitled to be present at the review.

(3) If the court at the annual review determines that probable cause exists to believe that the committed person's mental abnormality or personality disorder has so changed that the person is safe to be placed in transitional release or conditional release, then the court shall set a hearing on the issue.

(B) If the department of mental health determines that a committed person's mental abnormality or personality disorder has so changed that the person is not likely to commit predatory acts of sexual violence if placed in transitional release or conditional release, the department shall authorize the person to petition the court for transitional release. The petition shall be served upon the court and the attorney general. The court, upon receipt of the petition for transitional release or conditional release, shall schedule a hearing to be held within thirty days of the filing of the petition.

(C) At a hearing held pursuant to division (A) or (B) of this section, division (A) of section 5122.58 of the Revised Code, or division (B) of section 5122.59 of the Revised Code, all of the following apply:

(1) The committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding.

(2) The prosecuting attorney shall represent the state.

(3) Both parties shall have a right to a jury trial and to have the committed person evaluated by experts chosen by the state. The committed person shall also have the right to have experts or professional persons evaluate the person on the person's behalf, and the court shall appoint an expert if the person is indigent and requests an appointment.

(4) The state has the burden of proving beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains and that the person is not safe to be placed in the transitional release program, conditional release program, or final discharge, whichever is applicable, and that, if the person is transitionally released, conditionally released, or finally discharged, the person is likely to engage in acts of sexual violence.

(5) At the conclusion of the hearing, the court shall do one of the following:

(a) In a hearing held regarding a petition to be placed in the transitional release program, if the court or jury determines by proof beyond a reasonable doubt that the person's mental abnormality or personality disorder remains and that the person is unsafe to be placed in transitional release, the court shall order the person to remain in custody of the director of mental health for control, care, and treatment in a secure facility.

(b) In a hearing held regarding a petition to be placed in the transitional release program, if the court or jury does not find by proof beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains and that the person is unsafe to be placed in the transitional release program, the department of mental health shall transfer the person to the transitional release program.

(c) In a hearing held regarding a petition to be placed in the conditional release program, if the court or jury determines by proof beyond a reasonable doubt that the person's mental abnormality or personality disorder remains and that the person is unsafe to be placed in conditional release, the court shall order the person to remain in the custody of the director of mental health for control, care, and treatment in either the transitional release program or a secure facility.

(d) In a hearing held regarding a petition to be placed in the conditional release program, if the court or jury does not find by proof beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains and that the person is unsafe to be placed in the conditional release program, the department of mental health shall transfer the person to the conditional release program.

(e) In a hearing held regarding a petition for final discharge, if the court or jury determines by proof beyond a reasonable doubt that the person's mental abnormality or personality disorder remains and that the person is unsafe for final discharge, the court shall order the person to remain in the custody of the director of mental health for control, care, and treatment in the transitional release program, the conditional release program, or a secure facility.

(f) In a hearing held regarding a petition for final discharge, if the court or jury does not find by proof beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains and that the person is unsafe for final discharge, the court shall order the person finally discharged.

Sec. 5122.56.  (A) The department of mental health shall develop and operate a program of transitional release for sexually violent predators civilly committed to the custody of the director of mental health for control, care, and treatment. The department may contract for services to be provided in the transitional release program. During any period a person is in transitional release, that person shall comply with any rules or regulations the department may establish for this program and every directive of the treatment staff of the transitional release program.

(B) At any time during which the person is in the transitional release program and the treatment staff determines that the person has violated any rule, regulation, or directive associated with the transitional release program, the treatment staff may remove the person from the transitional release program and return the person to the secure commitment facility, or may request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and return the person to the secure commitment facility. The treatment staff may make the request orally, in person, or by telephone, but the oral request shall be followed in written or facsimile form delivered to the court not later than five o'clock p.m. of the first day the court is open for the transaction of business after the oral request was made.

(C) Upon a person being returned to the secure commitment facility from the transitional release program, the department of mental health shall give notice of the return to the court. The court shall schedule the matter for a hearing within two working days of the receipt of notice of the person's having been returned to the secure commitment facility and cause notice to be given to the prosecuting attorney, the person, and the department. The prosecuting attorney has the burden of proof to show probable cause that the person violated any conditions of transitional release. The hearing shall be to the court. At the conclusion of the hearing, the court shall issue an order returning the person to the secure commitment facility or to the transitional release program and may order any other further conditions with which the person must comply if the person is returned to the transitional release program.

Sec. 5122.57.  (A) Upon receipt of the first or subsequent petition for transitional release, conditional release, or final release from a person civilly committed to the department of mental health pursuant to section 5122.54 of the Revised Code, without the department's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.

(B) If a committed person has previously filed a petition for transitional release, conditional release, or final discharge without the department's approval and the court determined either upon review of the petition or following a hearing, that the person's petition was frivolous or that the person's condition had not so changed that the person was safe to be at large, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the person had so changed that a hearing was warranted.

(C) Nothing in sections 5122.51 to 5122.61 of the Revised Code prohibits a person from filing a petition for transitional release, conditional release, or final discharge.

Sec. 5122.58.  (A) During any period a person is in the transitional release program, the treatment staff shall examine the committed person at least annually, and at any other time deemed appropriate by the treatment staff to determine if the person's mental abnormality or personality disorder has so changed so as to warrant the person being considered for the conditional release program. The treatment staff shall forward a report of its examination to the court. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be placed in conditional release, the court shall then set a hearing on the issue. The hearing shall be held as described in division (C) of section 5122.55 of the Revised Code. Subsequent to either a court review or a hearing, the court shall issue an appropriate order with findings of fact. The order of the court shall be provided to the prosecuting attorney, the person and the department of mental health.

(B) If, after the hearing, the court is convinced beyond a reasonable doubt that the person is not appropriate for conditional release, the court shall order that the person remain either in secure commitment or in transitional release. Otherwise, the court shall order that the person be placed on conditional release.

Sec. 5122.59.  (A)(1) If a court determines by proof beyond a reasonable doubt that a committed person should be placed on conditional release, the court, based upon recommendation of the treatment staff, shall establish a plan of treatment that the person shall be ordered to follow.

(2) The plan of treatment may include, but is not limited to, the following:

(a) Provisions as to where the person shall reside and with whom;

(b) Taking prescribed medication;

(c) Attending individual and group counseling;

(d) Maintaining employment;

(e) Having no contact with children;

(f) Not frequenting facilities, locations, events, or other areas in which children are likely to be present and not engaging in activities in which contact with children is likely.

(3) Upon a showing by the person that the person accepts the plan of treatment and is prepared to follow it, the court shall release the person from the transitional release program.

(B)(1) If after a minimum of five years, the person has not violated any of the conditions of the person's treatment plan, the treatment staff, or other professionals directed by the court, may examine the person to determine if the person's mental abnormality or personality disorder has changed so as to warrant the person being considered for final discharge. The person preparing the report shall forward the report to the court. The court shall review the report.

(2) If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be entitled to final discharge, the court shall schedule a formal hearing, as described in division (C) of section 5122.55 of the Revised Code, on the issue.

(3) Subsequent to either a court review or a hearing under this section, the court shall issue an appropriate order with findings of fact. The court shall provide the order to the prosecuting attorney, the person who is the subject of the order, and the director of mental health.

(C) If, after a hearing, the court is convinced beyond a reasonable doubt that the person is not appropriate for final discharge, the court shall continue custody of the person with the department of mental health in a secure facility, transitional release program, or conditional release program. Otherwise, the court shall order the person finally discharged. If the court does not order final discharge of the person, the person retains the right to annual reviews.

(D)(1) At any time during the person's conditional release, if the professional person designated by the court in the treatment plan to monitor the person's compliance with the plan determines that the person has violated any material condition of that plan, that professional person may request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and return the person to the secure commitment facility. The professional person may make the request orally, in person, or by telephone, but the oral request shall be followed in written or facsimile form delivered to the court not later than five o'clock p.m. of the first day the court is open for the transaction of business after the oral request was made.

(2) Upon the person being returned to the secure commitment facility from conditional release, the director of mental health shall give notice to the court. The court shall schedule the matter for a hearing within two working days of receipt of notice of the person's having been returned to the secure commitment facility and shall cause notice to be given to the prosecuting attorney, the person, and the director. The prosecuting attorney has the burden of proof to show probable cause that the person violated any conditions of conditional release. The hearing shall be to the court.

(3) At the conclusion of the hearing, the court shall issue an order that does one of the following:

(a) Return the person to the secure commitment facility;

(b) Return the person to the transitional release program;

(c) Return the person to conditional release.

The court may order the person to comply with further conditions if the person is returned to either the transitional release program or to conditional release.

(E) The final discharge of a person under this section does not prevent the person from being prosecuted for any criminal acts that the person is alleged to have committed or from being subject in the future to a subsequent commitment under sections 5122.51 to 5122.62 of the Revised Code.

Sec. 5122.60.  The department of mental health shall be responsible for all costs relating to the evaluation and treatment of persons committed to the department's custody under sections 5122.51 to 5122.62 of the Revised Code. The department may obtain reimbursement for the cost of that evaluation and treatment.

Sec. 5122.61.  In addition to any other information required to be released pursuant to sections 5122.51 to 5122.62 of the Revised Code, prior to the release of a person civilly committed to the department of mental health pursuant to section 5122.54 of the Revised Code, the department of mental health shall give written notice of the placement or release of the person to any victim of the person's activities or crime who is alive and whose address is known to the department. The department's failure to notify a victim as required by this division is not a reason for postponement of the release of a person. Nothing in this section creates a cause of action against the state or an employee of the state who is acting within the scope of the employee's employment and who fails to notify a victim as required by this section.

Sec. 5122.62.  (A) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the notice requirement provided in section 5122.59 of the Revised Code and determining whether a person is or continues to be a sexually violent predator.

(B) Any psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements that have been submitted to the court or admitted into evidence under sections 5122.51 to 5122.62 of the Revised Code shall be sealed and opened only on an order of a court or as provided in division (A) of this section.

Section 2. That existing sections 2743.191 and 2971.05 of the Revised Code are hereby repealed.