The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 228 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Schaffer, Coughlin, Mason, Schuring, Faber, Padgett
A BILL
To amend sections 2152.86, 2903.03, 2929.20, 2930.03,
2930.06, 2930.16, 2950.01,
2967.03, 2967.12,
2967.121,
2967.26, 2967.28, 5120.66,
5149.07,
5149.10, and
5149.101 of the Revised Code
to
require automatic
notice to victims of first,
second, or third
degree felony offenses of
violence of certain
prisoner or alleged juvenile
offender release or
transfer proceedings; to
expand victim
participation in parole hearings;
to
require five
years of post-release control
for
offenders who
commit first, second, or third
degree felony
offenses of violence; to require
the
Department
of Rehabilitation and Correction
to
keep
information on such offenders in a
publicly
accessible database for ten years
following final
discharge; to require the
Department to provide
certain information related
to paroles to
designated public officials; to
require the Department to notify the appropriate
prosecuting attorney when a felon serving a
specified sentence is released pursuant to a
pardon, commutation of sentence, parole, or
completed prison term; to prohibit the
Parole
Board from considering a sentence in effect
since
July 1, 1996, in making parole
determinations; to
make other changes related
to
the release of
prisoners and victim's rights; to
provide that
voluntary manslaughter committed with
a sexual
motivation is a sexually oriented
offense, makes
an offender or juvenile offender
registrant who
commits it a tier III sex
offender/child-victim
offender, and may qualify a
juvenile offender
registrant who commits it as a
public
registry-qualified juvenile offender
registrant;
to name the victim and family
notification
provisions Roberta's Law; and to
declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.86, 2903.03, 2929.20, 2930.03,
2930.06, 2930.16,
2950.01, 2967.03, 2967.12, 2967.121, 2967.26,
2967.28,
5120.66, 5149.07, 5149.10, and
5149.101 of the Revised
Code be
amended to read as follows:
Sec. 2152.86. (A)(1) The court that, on or after January 1,
2008, adjudicates a child a delinquent child for committing an act
shall issue as part of the dispositional order an order that
classifies the child a juvenile offender registrant, specifies
that the child has a duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code, and
additionally classifies the child a public registry-qualified
juvenile offender registrant if the child was fourteen, fifteen,
sixteen, or seventeen years of age at the time of committing the
act, the court imposed on the
child a serious youthful offender
dispositional sentence under
section 2152.13 of the Revised Code,
and the child is adjudicated a delinquent child for
committing,
attempting to commit, conspiring to commit, or
complicity in
committing any of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child;
(c) A violation of division (B) of section 2903.03 of the
Revised Code.
(2) Upon a child's release, on or after January 1, 2008, from
the department of youth services, the court shall issue an order
that classifies the child a juvenile offender registrant,
specifies that the child has a duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and
additionally classifies the child a public registry-qualified
juvenile offender registrant if all of the following apply:
(a) The child was adjudicated a delinquent child, and a
juvenile court imposed on the child a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code
for
committing one of the acts described in division (A)(1)(a) or
(b)
of this section or for committing on or after the effective
date of this amendment the act described in division (A)(1)(c) of
this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(c) The court did not issue an order classifying the child as
both a juvenile offender registrant and a public
registry-qualified juvenile offender registrant pursuant to
division (A)(1) of this section.
(3) If a court issued an order classifying a child a juvenile
offender registrant pursuant to section 2152.82 or 2152.83 of the
Revised Code prior to January 1, 2008, not later than February 1,
2008, the court shall issue a new order that reclassifies the
child as a juvenile offender registrant, specifies that the child
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code, and additionally classifies the child
a public registry-qualified juvenile offender registrant if all
of the following apply:
(a) The sexually oriented offense that was the basis of the
previous order that classified the child a juvenile offender
registrant was an act described in division (A)(1)(a) or (b) of
this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(c) The court imposed on the child a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for the act described in division (A)(1)(a) or (b) of
this section.
(B)(1) If an order is issued under division (A)(1), (2), or
(3) of this section, the classification of tier III sex
offender/child-victim offender automatically applies to the
delinquent child based on the sexually oriented offense the child
committed, subject to a possible reclassification pursuant to
division (D) of this section for a child whose delinquent act was
committed prior to January 1, 2008. If an order is issued under
division (A)(2) of this section regarding a child whose delinquent
act described in division (A)(1)(a) or (b) of this section was
committed prior to January 1, 2008, or if an order is issued under
division (A)(3) of this section regarding a delinquent child, the
order shall inform the child and the child's parent, guardian, or
custodian, that the child has a right to a hearing as described in
division (D) of this section and inform the child and the child's
parent, guardian, or custodian of the procedures for requesting
the hearing and the period of time within which the request for
the hearing must be made. Section 2152.831 of the Revised Code
does not apply regarding an order issued under division (A)(1),
(2), or (3) of this section.
(2) The judge that issues an order under division (A)(1),
(2), or (3) of this section shall provide to the delinquent child
who is the subject of the order and to the delinquent child's
parent, guardian, or custodian the notice required under divisions
(A) and (B) of section 2950.03 of the Revised Code and shall
provide as part of that notice a copy of the order required under
division (A)(1), (2), or (3) of this section. The judge shall
include the order in the delinquent child's dispositional order
and shall specify in the dispositional order that the order issued
under division (A)(1), (2), or (3) of this section was made
pursuant to this section.
(C) An order issued under division (A)(1), (2), or (3) of
this section shall remain in effect for the period of time
specified in section 2950.07 of the Revised Code as it exists on
and after January 1, 2008, subject to a judicial termination of
that period of time as provided in section 2950.15 of the Revised
Code, subject to a possible reclassification of the child pursuant
to division (D) of this section if the child's delinquent act was
committed prior to January 1, 2008. If an order is issued under
division (A)(1), (2), or (3) of this section, the child's
attainment of eighteen or twenty-one years of age does not affect
or terminate the order, and the order remains in effect for the
period of time described in this division. If an order is issued
under division (A)(3) of this section, the duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code based upon that order shall be considered, for purposes of
section 2950.07 of the Revised Code and for all other purposes, to
be a continuation of the duty to comply with those sections
imposed upon the child prior to January 1, 2008, under the order
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and
Chapter 2950. of the Revised Code.
(D)(1) If an order is issued under division (A)(2) of this
section regarding a delinquent child whose delinquent act
described in division (A)(1)(a) or (b) of this section was
committed prior to January 1, 2008, or if an order is issued under
division (A)(3) of this section regarding a delinquent child,
except as otherwise provided in this division, the child may
request as a matter of right a court hearing to contest the
court's classification in the order of the child as a public
registry-qualified juvenile offender registrant. To request the
hearing, not later than the date that is sixty days after the
delinquent child is provided with the copy of the order, the
delinquent child shall file a petition with the juvenile court
that issued the order.
If the delinquent child requests a hearing by timely filing a
petition with the juvenile court, the delinquent child shall serve
a copy of the petition on the prosecutor who handled the case in
which the delinquent child was adjudicated a delinquent child for
committing the sexually oriented offense or child-victim oriented
offense that resulted in the delinquent child's registration duty
under section 2950.04 or 2950.041 of the Revised Code. The
prosecutor shall represent the interest of the state in the
hearing. In any hearing under this division, the Rules of Juvenile
Procedure apply except to the extent that those Rules would by
their nature be clearly inapplicable. The court shall schedule a
hearing and shall provide notice to the delinquent child and the
delinquent child's parent, guardian, or custodian and to the
prosecutor of the date, time, and place of the hearing.
If the delinquent child requests a hearing in accordance with
this division, until the court issues its decision at or
subsequent to the hearing, the delinquent child shall comply with
Chapter 2950. of the Revised Code as it exists on and after
January 1, 2008. If a delinquent child requests a hearing in
accordance with this division, at the hearing, all parties are
entitled to be heard, and the court shall consider all relevant
information and testimony presented relative to the issue of
whether the child should be classified a public registry-qualified
juvenile offender registrant. Notwithstanding the court's
classification of the delinquent child as a public
registry-qualified juvenile offender registrant, the court may
terminate that classification if it determines by clear and
convincing evidence that the classification is in error.
If the court decides to terminate the court's classification
of the delinquent child as a public registry-qualified juvenile
offender registrant, the court shall issue an order that specifies
that it has determined that the child is not a public
registry-qualified juvenile offender registrant and that it has
terminated the court's classification of the delinquent child as a
public registry-qualified juvenile offender registrant. The court
promptly shall serve a copy of the order upon the sheriff with
whom the delinquent child most recently registered under section
2950.04 or 2950.041 of the Revised Code and upon the bureau of
criminal identification and investigation. The delinquent child
and the prosecutor have the right to appeal the decision of the
court issued under this division.
If the delinquent child fails to request a hearing in
accordance with this division within the applicable sixty-day
period specified in this division, the failure constitutes a
waiver by the delinquent child of the delinquent child's right to
a hearing under this division, and the delinquent child is bound
by the court's classification of the delinquent child as a public
registry-qualified juvenile offender registrant.
(2) An order issued under division (D)(1) of this section is
independent of any order of a type described in division
(F) of
section 2950.031 of the Revised Code or division (E) of section
2950.032 of the Revised Code, and the
court may issue an order
under both division (D)(1) of this
section and an order of a type
described in division (F) of
section 2950.031 of the Revised Code
or division (E) of section 2950.032 of the Revised Code. A court
that
conducts a hearing under division (D)(1) of this section may
consolidate that hearing with a hearing conducted for the same
delinquent child under division (F) of section 2950.031 of the
Revised Code or division (E) of section
2950.032 of the Revised
Code.
Sec. 2903.03. (A) No person, while under the influence of
sudden passion or
in a sudden fit of rage, either of which is
brought on by serious provocation
occasioned by the victim that is
reasonably sufficient to incite the person
into using deadly
force, shall knowingly cause the death of another or the
unlawful
termination of another's pregnancy.
(B) No person, with a sexual motivation, shall violate
division (A) of this section.
(C) Whoever violates this section is guilty of voluntary
manslaughter, a
felony of the first degree.
(D) As used in this section, "sexual motivation" has the same
meaning as in section 2971.01 of the Revised Code.
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) "Victim's representative" has the same meaning as in
section 2930.01 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 not less than thirty days or more than 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 and shall notify the head of the state
correctional
institution in which the eligible offender is confined of the
hearing prior to the hearing. The head of the state correctional
institution immediately shall notify the appropriate person at the
department of rehabilitation and correction of the hearing, and
the department within twenty-four hours after receipt of the
notice, shall post on the database it maintains pursuant to
section 5120.66 of the Revised Code the offender's name and all of
the information specified in division (A)(1)(c)(i) of that
section. If the
court schedules a hearing for judicial release,
the court promptly
shall give notice of the hearing to the
prosecuting attorney of
the county in which the eligible offender
was indicted. Upon
receipt of the notice from the court, the
prosecuting attorney
shall notify do either of the followings:
(1) 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;
(2) If the offense was an offense of violence that is a
felony of the first, second, or third degree, send written notice
to the victim or the victim's representative of the hearing
regardless of whether the victim or the victim's representative
requested notification pursuant to section 2930.16 or any other
section of the Revised Code and, if the victim or victim's
representative has not provided the prosecuting attorney with a
mailing address, attempt to identify a mailing address for the
victim or the victim's representative and send the written notice
to that address. Division (D)(2) of this section, and the
notice-related provisions of division (I) of this section,
division (D)(1) of section 2930.16, division (H) of section
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of
section 2967.28, and division (A)(2) of section 5149.101 of the
Revised Code enacted in the act in which division (D)(2) of this
section was enacted, shall be known as "Roberta's Law."
(E) Prior to the date of the hearing on a
motion for
judicial
release under this section, the head of the
state
correctional
institution in which the eligible
offender in
question is confined
shall send to the court a report
on the
eligible offender's
conduct in the institution and in any
institution from which the
eligible offender may have been
transferred. The report shall
cover the eligible offender's
participation in school, vocational
training, work, treatment,
and
other rehabilitative activities and
any disciplinary action
taken
against the eligible offender. The
report shall be made
part of
the record of the hearing.
(F) If the court grants a hearing on a motion
for judicial
release under this section, the eligible offender
shall attend the
hearing if ordered to do so by the court. Upon
receipt of a copy
of the journal entry containing the order, the
head of the state
correctional institution in which the
eligible offender is
incarcerated shall deliver the eligible
offender to the sheriff of
the county in which the hearing is to
be held. The sheriff shall
convey the eligible offender to the
hearing and return the
offender to the institution after the
hearing.
(G) At the hearing on a motion for judicial
release under
this section, the court shall afford the eligible
offender and the
eligible offender's attorney an
opportunity to
present written
information relevant to the
motion and shall afford the eligible
offender, if present, and the eligible
offender's attorney an
opportunity to present oral information relevant
to the motion.
The court shall afford a similar opportunity to the
prosecuting
attorney, the victim or the victim's representative,
as defined in
section 2930.01 of the Revised
Code, and any other person the
court determines is
likely to present additional relevant
information. The court
shall consider any statement of a victim
made pursuant to section
2930.14 or 2930.17 of the Revised Code,
any
victim impact statement prepared pursuant to section 2947.051
of
the Revised Code, and any report made under division (E) of
this section. The court may consider any written statement of any
person submitted to the court pursuant to division (J) of this
section. After ruling on the motion,
the court shall notify
the
victim of the ruling in accordance
with sections 2930.03 and
2930.16 of the Revised
Code.
(H)(1) A court shall not grant a judicial
release under this
section to an eligible offender who is
imprisoned for a felony of
the first or second degree, or to an
eligible offender who
committed an offense contained in
Chapter 2925. or 3719. of the
Revised
Code and for whom there was a presumption under section
2929.13 of the Revised Code in favor of a prison
term, unless the
court, with reference to factors
under section 2929.12 of the
Revised Code, finds both
of the following:
(a) That a sanction other than a prison term
would
adequately
punish the offender and protect
the public from future
criminal
violations by the eligible offender because the
applicable factors
indicating a lesser likelihood of recidivism
outweigh the
applicable factors indicating a
greater likelihood of
recidivism;
(b) That a sanction other than a prison term
would not
demean
the seriousness of the offense because factors
indicating
that
the
eligible offender's conduct in
committing the offense was
less
serious than conduct normally constituting the
offense
outweigh
factors
indicating that the eligible offender's conduct
was more
serious than conduct
normally constituting the offense.
(2) A court that grants a judicial release to an
eligible
offender under division (H)(1) of this section
shall specify on
the record both findings required in that
division and also shall
list all the factors described in that
division that were
presented at the hearing.
(I) If the court grants a motion for judicial
release under
this section, the court shall order the release of
the eligible
offender, shall place the eligible offender under an appropriate
community control
sanction, under appropriate
community control
conditions, and under the
supervision of the department of
probation
serving the court, and shall reserve the right to
reimpose the sentence that
it reduced pursuant to the judicial
release if the offender violates the
sanction. If the court
reimposes the reduced sentence pursuant to this
reserved right, it
may do so either concurrently with, or consecutive to, any
new
sentence imposed upon the eligible offender as a result of the
violation
that is a new offense.
The period of the community
control sanction
shall be
no longer than five years. The court,
in
its
discretion, may reduce the period of the community control
sanction by the
amount of time the eligible
offender spent in jail
for the offense and in prison. If the
court made any findings
pursuant to division (H)(1) of
this section, the court shall serve
a copy of the findings upon
counsel for the parties within fifteen
days after the date on
which the court grants the motion for
judicial release.
Prior to being released pursuant to a judicial release
granted under this section, the eligible offender shall serve any
extension of sentence that was imposed under section 2967.11 of
the Revised Code.
If the court grants a motion for judicial release, the court
shall notify the appropriate person at the department of
rehabilitation and correction of the judicial release, and the
department shall post notice of the release on the database it
maintains pursuant to section 5120.66 of the Revised Code. The
prosecuting attorney shall send written notice of any judicial
release to the victim or the victim's representative at the
address provided by the victim or victim's representative pursuant
to section 2930.16 or any other section of the Revised Code or the
address to which the prosecuting attorney sent notice of the
hearing pursuant to division (D)(2) of this section.
(J) In addition to and independent of the right of a victim
to make a statement pursuant to section 2930.14, 2930.17, or
2946.051 of the Revised Code and any right of a person to present
written information or make a statement pursuant to division (G)
of this section, any person may submit to the court, at any time
prior to the hearing on the offender's motion for judicial
release, a written statement concerning the effects of the
offender's crime or crimes, the circumstances surrounding the
crime or crimes, the manner in which the crime or crimes were
perpetrated, and the person's opinion as to whether the offender
should be released.
Sec. 2930.03. (A) A person or entity required or authorized
under this
chapter to give notice to a victim shall give the
notice to the victim by any
means reasonably calculated to provide
prompt actual notice. Except when a
provision requires that notice
is to be given in a specific manner, a notice
may be oral or
written.
(B) Except for receipt of the initial information and notice
required to be given to a victim under divisions (A) and
(B) of
section 2930.04, section 2930.05, and divisions
(A) and (B) of
section 2930.06 of the Revised Code and the notice required to be
given to a victim under division (D) of section 2930.16 of the
Revised Code, a victim
who wishes to receive any notice authorized
by this chapter shall
make a request for the notice to the
prosecutor or the custodial
agency that is to provide the notice,
as specified in this
chapter. If the victim does not make a
request as described in
this division, the prosecutor or custodial
agency is not required
to provide any notice described in this
chapter other than the initial
information and notice required to
be given to a victim under divisions
(A) and (B) of section
2930.04, section 2930.05, and divisions (A) and (B) of
section
2930.06 of the Revised Code and the notice required to be given to
a victim under division (D) of section 2930.16 of the Revised
Code.
(C) A person or agency that is required to furnish
notice
under this chapter shall give the notice to the victim at the
address or telephone number provided to the person or
agency by
the victim. A victim who requests to
receive notice under this
chapter as described in division
(B) of this section shall inform
the person or
agency of the name, address, or telephone number of
the victim and of any
change
to that information.
(D) A person or agency that has furnished information to a
victim in accordance with any requirement or authorization under
this
chapter shall notify the victim promptly of any significant
changes to
that information.
(E) Divisions (A) to (D) of this section do not apply
regarding a notice that a prosecutor is required to provide under
section 2930.061 of the Revised Code. A prosecutor required to
provide notice under that section shall provide the notice as
specified in that section.
Sec. 2930.06. (A) The prosecutor in a case, to the extent
practicable, shall confer with the victim in the case before
pretrial diversion is granted to the defendant or alleged juvenile
offender in the case,
before amending or dismissing an indictment,
information,
or complaint against that defendant or alleged
juvenile offender,
before agreeing to a negotiated plea for that
defendant or alleged juvenile
offender,
before a trial of that
defendant by judge or jury, or before the
juvenile court conducts
an adjudicatory hearing for that alleged juvenile
offender. If
the
juvenile court
disposes of a case prior to the prosecutor's
involvement in the
case, the court or a court employee shall
notify the victim in the
case that the alleged juvenile offender
will be granted pretrial diversion,
the
complaint against that
alleged juvenile offender will be amended or dismissed,
or
the
court will conduct an adjudicatory hearing for that alleged
juvenile
offender. If
the prosecutor fails to confer with the
victim at any of
those times, the court, if informed of
the
failure, shall note on the record the failure and the prosecutor's
reasons
for the failure. A prosecutor's failure to confer with a
victim as required
by this division
and a court's failure to
provide the notice as required by this division
do not affect the
validity of an agreement between the
prosecutor
and the defendant
or alleged juvenile offender in the case, a pretrial
diversion of
the defendant or alleged juvenile offender,
an amendment or
dismissal of an indictment, information, or
complaint filed
against the defendant or alleged juvenile offender, a
plea entered
by the defendant or alleged juvenile defender, an
admission
entered by the defendant or alleged juvenile offender, or
any
other
disposition in the case. A court shall not dismiss a
criminal complaint, charge, information, or indictment or a
delinquent
child complaint solely at the request
of the victim and
over the objection of the prosecuting attorney, village
solicitor,
city director of law, or other chief legal officer responsible for
the prosecution of the case.
(B) After a prosecution in a case has been commenced, the
prosecutor or a designee of the prosecutor other than a
court or
court employee, to the extent practicable, promptly shall
give the
victim all of the following information, except that, if
the
juvenile court disposes of a case prior to the prosecutor's
involvement in the case, the court or a court employee, to the
extent practicable, promptly shall give the victim all of the
following information:
(1) The name of the crime or specified delinquent act
with
which the defendant or alleged juvenile offender in
the case has
been charged and the name of the defendant or alleged juvenile
offender;
(2) The file number of the case;
(3) A brief statement regarding the procedural steps in a
criminal prosecution or delinquency proceeding involving
a crime
or specified delinquent act similar to the
crime or specified
delinquent act with
which the defendant or alleged juvenile
offender has been charged and
the right of the
victim to be
present during
all proceedings held throughout the prosecution of
the case;
(4) A summary of the rights of a victim under this
chapter;
(5) Procedures the victim or the prosecutor may follow if
the
victim becomes
subject to threats or intimidation by the
defendant, alleged
juvenile offender, or any other person;
(6) The name and business telephone number of a person to
contact for further information with respect to the case;
(7) The right of the victim to have a victim's
representative
exercise the victim's rights under this chapter in
accordance
with
section 2930.02 of the Revised Code and the
procedure by
which a
victim's representative may be designated;
(8) Notice that any notification under division (C)
of this
section, sections 2930.07 to 2930.15, division (A), (B), or (C) of
section 2930.16, sections 2930.17 to 2930.19, and
section 5139.56
of the
Revised Code will be
given to the victim only if the victim
asks
to receive the
notification and that notice under division
(D) of section 2930.16 of the Revised Code will be given
regardless of whether the victim asks to receive the notification.
(C) Upon the request of the victim, the prosecutor or, if it
is a
delinquency proceeding and a prosecutor is not involved in
the case, the
court shall give the victim
notice of the date,
time, and place of any scheduled
criminal or juvenile proceedings
in the case and notice of
any changes
in those proceedings or in
the schedule in the case.
(D) A victim who requests notice under division (C)
of this
section and who elects pursuant to division (B) of section
2930.03
of the Revised Code to receive any further notice
from the
prosecutor or, if it is a delinquency proceeding and a prosecutor
is not involved in the case, the court under this chapter shall
keep the prosecutor or the court informed of the victim's current
address and
telephone number until the case is dismissed or
terminated, the
defendant is acquitted or sentenced, the
delinquent child complaint is
dismissed, the defendant is
adjudicated a delinquent child, or the
appellate process is
completed, whichever is the final disposition in the case.
(E) If a defendant is charged with the commission of a
misdemeanor offense that is not identified in division (A)(2) of
section 2930.01 of the Revised Code and if a police report or a
complaint, indictment, or information that charges the commission
of that offense and provides the basis for a criminal prosecution
of that defendant identifies one or more individuals as
individuals against whom that offense was committed, after a
prosecution in the case has been commenced, the prosecutor or a
designee of the prosecutor other than a court or court employee,
to the extent practicable, promptly shall notify each of the
individuals so identified in the report, complaint, indictment, or
information that, if the defendant is convicted of or pleads
guilty to the offense, the individual may make an oral or written
statement to the court hearing the case regarding the sentence to
be imposed upon the defendant and that the court must consider any
statement so made that is relevant. Before imposing sentence in
the case, the court shall permit the individuals so identified in
the report, complaint, indictment, or information to make an oral
or written statement. Division (A) of section 2930.14 of the
Revised Code applies regarding any statement so made. The court
shall consider a statement so made, in accordance with division
(B) of that section and division (D) of section 2929.22 of the
Revised Code.
Sec. 2930.16. (A) If a defendant is incarcerated,
a victim
in a case who has requested to receive notice under this section
shall be given notice of the incarceration of the defendant. If an
alleged
juvenile offender
is committed to the temporary custody of
a
school, camp, institution, or other facility operated for the
care of delinquent children or to the legal custody of the
department of youth services, a victim in a case who has
requested
to receive notice under this section shall be given
notice of the
commitment. Promptly after
sentence is imposed upon the defendant
or the commitment of the alleged
juvenile offender
is ordered, the
prosecutor in the
case shall notify the victim of the date on
which the defendant
will be released from confinement or the
prosecutor's
reasonable
estimate of that date or the date on which
the alleged juvenile offender
will
have served the minimum period
of commitment or the prosecutor's reasonable
estimate of that
date. The prosecutor also shall notify the
victim of the name of
the custodial agency of the defendant or alleged
juvenile offender
and
tell the victim how to contact that custodial agency. If the
custodial agency is the department of rehabilitation and
correction, the prosecutor shall notify the victim of the services
offered by the office of victims' services pursuant to section
5120.60 of the Revised Code. If the custodial
agency is the
department of youth
services, the prosecutor shall notify the
victim of the services
provided by the office of victims' services
within the release
authority of the department pursuant to section
5139.55 of the
Revised
Code and the victim's right
pursuant to
section 5139.56 of the
Revised
Code to submit a written
request to
the release authority to be notified of actions the
release
authority takes with respect to the alleged juvenile
offender. The
victim
shall keep the custodial agency informed of the victim's
current
address and telephone number.
(B)(1) Upon the victim's request or in accordance with
division (D) of this section, the prosecutor promptly
shall
notify the
victim of any hearing for judicial release of the
defendant pursuant to
section 2929.20 of the Revised Code or of
any hearing for judicial release
or early release of the alleged
juvenile offender pursuant to section 2151.38
of the
Revised Code
and of the victim's right to make a
statement under those
sections. The court shall
notify the victim of its ruling
in each
of those hearings and on each of those
applications.
(2) If an offender is sentenced to a
prison term pursuant to
division
(A)(3) or (B) of
section 2971.03 of the Revised Code,
upon the request of the victim of the crime or in accordance with
division (D) of this section, the
prosecutor
promptly
shall
notify the victim of any hearing to be
conducted
pursuant
to
section 2971.05 of the Revised Code to
determine
whether to
modify the requirement that the offender
serve the
entire prison
term in a state correctional facility in
accordance
with
division (C) of that section,
whether to continue,
revise,
or
revoke any existing modification
of that requirement,
or
whether
to terminate the prison term in
accordance with
division
(D) of
that section. The court shall notify the victim of
any
order
issued at the conclusion of the hearing.
(C) Upon the victim's request made at any time before the
particular notice would be due or in accordance with division (D)
of this section, the custodial agency of a
defendant or alleged
juvenile offender shall give the victim any
of
the following
notices that is applicable:
(1) At least three weeks sixty days before the adult parole
authority
recommends a pardon or commutation of sentence for the
defendant
or at least three weeks sixty days prior to a hearing
before the
adult parole
authority regarding a grant of parole to
the
defendant, notice of
the victim's right to submit a statement
regarding the impact of
the defendant's release in accordance
with section 2967.12 of the
Revised Code and, if applicable, of
the
victim's right to appear
at a full board hearing of the
parole board to give
testimony as
authorized by section 5149.101
of the Revised Code;
(2) At least three weeks sixty days before the defendant is
transferred
to transitional control under
section 2967.26 of
the
Revised Code,
notice of the pendency of the
transfer
and
of the
victim's right
under that section to
submit a statement regarding
the impact of
the transfer;
(3) At least thirty sixty days before the release authority
of the
department of youth services holds a release review,
release
hearing, or discharge review for the alleged juvenile
offender,
notice of the
pendency of the review or hearing, of the
victim's
right to make
an oral or written statement regarding the
impact of
the crime
upon the victim or regarding the possible
release or
discharge,
and, if the notice pertains to a hearing,
of the
victim's right
to attend and make statements or comments
at the
hearing as
authorized by section 5139.56 of the
Revised
Code;
(4) Prompt notice of the defendant's or alleged juvenile
offender's
escape
from a facility of the custodial agency in which
the
defendant was incarcerated or in which the alleged juvenile
offender was
placed after
commitment, of the defendant's or
alleged juvenile offender's
absence without leave from a
mental
health or mental
retardation and developmental disabilities
facility or from other
custody, and of the capture of the
defendant or alleged juvenile
offender after an
escape or absence;
(5) Notice of the defendant's or alleged juvenile
offender's
death while in
confinement or custody;
(6) Notice of the defendant's or alleged juvenile
offender's
release from confinement
or custody and
the terms and conditions
of
the release.
(D)(1) If a defendant is incarcerated for the commission of
an offense of violence that is a felony of the first, second, or
third degree or if an alleged juvenile offender has been charged
with the commission of an act that would be an offense of violence
that is a felony of the first, second, or third degree if
committed by an adult, the notices described in divisions (B) and
(C) of this section shall be given regardless of whether the
victim requested notice. The custodial agency shall give similar
notice to the prosecutor in the case, to the sentencing court, to
the law enforcement agency that arrested the defendant or alleged
juvenile offender, and to any other person who requests
notification. The custodial agency shall attempt to identify a
mailing address for the victim and send notice to that address by
ordinary mail. Division (D)(1) of this section, and the
notice-related provisions of divisions (D)(2) and (I) of section
2929.20, division (H) of section 2967.12, division (A)(3)(b) of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act
in which division (D)(1) of this section was enacted, shall be
known as "Roberta's Law."
(2) The custodial agency shall keep a record of notices sent
pursuant to division (D)(1) of this section. The record shall be
kept in a manner that allows public inspection of notices to
persons other than victims without revealing the names, addresses,
or other identifying information relating to victims. The record
of notices to victims is not a public record. The record of
notices to persons other than victims is a public record.
(E) The adult parole authority shall adopt rules under
Chapter 119. of the Revised Code providing for a victim conference
prior to a parole hearing in the case of a prisoner who is
incarcerated for the commission of an offense of violence that is
a felony of the first, second, or third degree. The rules shall
provide for, but not be limited to, all of the following:
(1) Attendance by the victim, members of the victim's family,
the victim's representative, and, if practicable, other
individuals;
(2) Allotment of at least one hour for the conference;
(3) The order of priority in which persons in attendance may
speak and permission for any person in attendance to speak if time
allows;
(4) Attendance by the news media upon request of the victim,
members of the victim's family, the victim's representative, or,
if none of those persons attend, a victims'-rights advocate;
(5) Recording of the conference by videotape or other media.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,
or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;
(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(10) A violation of division (B) of section 2903.03, of
division (B) of section 2905.02, of
division (B) of section
2905.03, of division (B) of section
2905.05, or of division
(B)(5) of section 2919.22 of the Revised
Code;
(11) A violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States that is or
was substantially equivalent to any offense listed in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this
section;
(12) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this
section.
(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.
(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;
(3) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division (C)(1)
or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, or
2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;
(f) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States, that is or was
substantially equivalent to any offense listed in division
(E)(1)(a), (b), (c), (d), or (e) of this section;
(g) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f) of this section.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
child-victim oriented offense and who is not within either
category of child-victim offender described in division (F)(2) or
(G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier I sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and who a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier I sex
offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of
division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;
(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier II sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier II sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any
of the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;
(b) A violation of division (B) of section 2907.05 of the
Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;
(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(g) A violation of division (B) of section 2903.03 of the
Revised Code;
(h) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(G)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;
(h)(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), or (g), or (h) of this section;
(i)(j) Any sexually oriented offense that is committed after
the
sex offender previously has been convicted of, pleaded guilty
to,
or been adjudicated a delinquent child for committing any
sexually
oriented offense or child-victim oriented offense for
which the
offender was classified a tier II sex
offender/child-victim
offender or a tier III sex
offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier
III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier III sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier III sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in
any category of tier III sex offender/child-victim offender set
forth in division (G)(1), (2), (3), or (4) of this section, who
prior to January 1, 2008, was convicted of or pleaded guilty to a
sexually oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was
convicted of, or pleaded guilty to a sexually oriented offense, if
the sexually oriented offense and the circumstances in which it
was committed are such that division (F) of section 2971.03 of the
Revised Code automatically classifies the offender as a tier III
sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted
of, pleads guilty to, was convicted of, pleaded guilty to, is
adjudicated a delinquent child for committing, or was adjudicated
a delinquent child for committing a sexually oriented offense or
child-victim offense in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States if both of the following
apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26
of the Revised Code.
(I) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(J) "Supervised release" means a release
of an offender
from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon,
under a
community control sanction, under transitional
control, or under a
post-release
control sanction, and it requires
the person to
report to or be
supervised by a parole officer,
probation officer,
field officer,
or another type of supervising
officer.
(2) The release is any type of release that is not described
in division (J)(1) of this section and that requires the person
to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(K) "Sexually violent predator specification," "sexually
violent predator," "sexually
violent offense," "sexual motivation
specification," "designated homicide, assault, or kidnapping
offense," and "violent sex offense" have the same meanings as in
section 2971.01 of
the Revised Code.
(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense or a child-victim
oriented
offense, who
is fourteen years of age
or older at the
time of
committing the
offense, and who a juvenile
court judge,
pursuant
to an order
issued under section 2152.82,
2152.83,
2152.84,
2152.85, or 2152.86 of the
Revised Code, classifies
a
juvenile
offender registrant and
specifies has a duty to
comply
with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised
Code. "Juvenile
offender registrant" includes a person who prior
to January 1,
2008, was a "juvenile offender registrant" under
the definition of
the term in existence prior to January 1, 2008,
and a person who
prior to July 31, 2003, was a "juvenile sex
offender registrant"
under the former definition of that former
term.
(N) "Public registry-qualified juvenile offender
registrant"
means a person who is adjudicated a delinquent child
and on whom
a juvenile
court has imposed a serious youthful
offender
dispositional
sentence under section 2152.13 of the
Revised Code
before, on, or after January 1, 2008, and to whom all
of the
following apply:
(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child;
(c) A violation of division (B) of section 2903.03 of the
Revised Code.
(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.
(O) "Secure facility" means any facility that is designed
and
operated to ensure that all of its entrances and exits are
locked
and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(P) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another
state, in a federal court,
military court, or Indian tribal court,
or in a court in any nation other than the United States for
committing a sexually oriented offense or a child-victim
oriented
offense, who on or after
January 1,
2002, moves to and
resides in
this
state or temporarily is
domiciled in this state
for more than
five days, and who has a duty under
section 2950.04
or 2950.041
of the
Revised Code to register in this
state and the
duty to
otherwise comply with that applicable section and sections
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile
offender registrant"
includes a person who prior to January 1,
2008, was an
"out-of-state juvenile offender registrant" under
the definition
of the term in existence prior to January 1, 2008,
and a person
who prior to July 31, 2003, was an "out-of-state
juvenile sex
offender registrant" under the former definition of
that former
term.
(Q) "Juvenile court judge" includes a magistrate to whom
the
juvenile court judge confers duties pursuant to division
(A)(15)
of section 2151.23 of the Revised Code.
(R) "Adjudicated a delinquent child for committing a
sexually
oriented offense" includes a child who receives a serious
youthful
offender dispositional sentence under section 2152.13 of
the
Revised Code for committing a sexually oriented offense.
(S)
"School" and "school premises" have the same meanings
as
in section 2925.01 of the Revised Code.
(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.
(U) "Residential unit" means a dwelling unit for
residential
use and occupancy, and includes the structure or part
of a
structure that is used as a home, residence, or sleeping
place by
one person who maintains a household or two or more
persons who
maintain a common household. "Residential unit" does
not include
a halfway house or a community-based correctional
facility.
(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.
(W) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 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, any other statement made by a
victim
or a victim's representative that is relevant to the
convict's or
prisoner's case and that was received by the
authority after it
provided notice of the pendency of the action
under sections
2930.16 and 2967.12 of the Revised Code, and any written statement
of any person submitted to the court pursuant to division (H)(I)
of section 2967.12 of the Revised Code. If a victim,
victim's
representative, or the victim's spouse, parent, sibling, or child
appears at a full board hearing of the parole board and gives
testimony as authorized by section 5149.101 of the Revised Code,
the authority
shall consider the testimony in determining whether
to grant a parole.
The trial judge and
prosecuting attorney of the
trial court in which a person was
convicted shall furnish to the
authority, at the request of the authority, a
summarized statement
of the facts proved at the trial and of all
other facts having
reference to the propriety of recommending a
pardon or
commutation, or granting a parole, together with a
recommendation
for or against a pardon, commutation, or parole,
and the reasons
for the recommendation. The trial judge, the prosecuting attorney,
specified law enforcement agency members, and a representative of
the prisoner may
appear at a full board hearing of the parole
board and give testimony in
regard to the grant of a parole to the
prisoner as authorized by section
5149.101 of the Revised Code.
All state and local
officials shall furnish information to the
authority, when so
requested by it in the performance of its
duties.
The adult parole authority shall exercise its functions and
duties in
relation to the release of prisoners who are serving a
stated prison term in
accordance with section 2967.28 of the
Revised Code.
Sec. 2967.12. (A) Except as provided in division (G) of
this
section, at least three weeks sixty days before the adult parole
authority
recommends any pardon or commutation of sentence, or
grants any
parole, the authority shall send a notice of
the
pendency of the
pardon, commutation, or parole, setting forth the
name
of the
person on whose behalf it is made, the offense of
which the person
was
convicted or to which the person pleaded
guilty, the time of
conviction or the guilty plea, and the
term
of the person's
sentence, to
the prosecuting attorney and the
judge of the court
of common
pleas of the county in which the
indictment against the
person
was found. If there is more than
one judge of that court of
common pleas, the authority shall send
the notice
to the presiding
judge. The department of
rehabilitation and correction, at the
same time that it provides
the notice to the prosecuting attorney
and judge under this
division, also shall post on the database it
maintains pursuant
to section 5120.66 of the Revised Code the
offender's name and
all of the information specified in division
(A)(1)(c)(iii) of
that section.
(B) If a request for notification has been made pursuant
to
section 2930.16 of the Revised Code or if division (H) of this
section applies, the adult parole
authority
also shall give notice
to the victim or the victim's
representative prior to recommending
any pardon or commutation of
sentence for, or granting any parole
to, the person. The
authority
shall provide the notice at the
same time as the notice
required
by
division (A) of this section
and shall include in the
notice
the information required to be set
forth in that notice.
The
notice also
shall inform the victim or
the victim's
representative
that the victim or
representative may
send a
written statement
relative to the victimization and
the
pending
action to the adult
parole authority and that, if the
authority
receives any written
statement prior to recommending a
pardon or
commutation or
granting a parole for a person,
the
authority will
consider the
statement before it recommends a
pardon or
commutation or grants a
parole. If the person is being
considered
for parole, the
notice
shall inform the victim or the
victim's
representative that a full
board hearing of the parole
board may
be held and that the victim
or victim's representative
may contact
the office of victims'
services for
further
information.
If the
person being considered
for parole was
convicted of or pleaded guilty to violating section
2903.01 or
2903.02 of the Revised Code, the notice shall inform
the
victim
of that offense, the victim's representative, or a
member of the
victim's immediate family that the victim, the
victim's
representative, and the victim's immediate family have
the right
to give testimony at a full board hearing
of the parole
board and
that the victim or victim's representative
may contact
the office
of victims' services for further
information. As used
in this
division, "the victim's immediate family" means the
mother,
father, spouse, sibling, or child of the victim.
(C) When notice of the pendency of any pardon,
commutation
of
sentence, or parole has been given to a judge or prosecutor or
posted on the database as provided in
division (A)
of this section
and a hearing on the pardon, commutation, or
parole is continued
to a date certain, the authority
shall provide
notice of the
further
consideration of the pardon,
commutation, or parole 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), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c),
or (B)(3)(a), (b), (c), or (d) 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) If a defendant is incarcerated for the commission of an
offense of violence that is a felony of the first, second, or
third degree, the notices described in divisions (A) and (B) of
this section shall be given regardless of whether the victim
requested notice. The adult parole authority shall give similar
notice to the law enforcement agency that arrested the defendant
and to any other person who requests notification. The authority
shall attempt to identify a mailing address for the victim and
send notice to that address. The authority may give notice to the
law enforcement agency and to other persons who request notice by
any reasonable means, including telephone and electronic mail.
Division (H) of this section, and the notice-related provisions of
divisions (D)(2) and (I) of section 2929.20, division (D)(1) of
section 2930.16, division (A)(3)(b) of section 2967.26, division
(D)(1) of section 2967.28, and division (A)(2) of section 5149.101
of the Revised Code enacted in the act in which division (H) of
this section was enacted, shall be known as "Roberta's Law."
(I) In addition to and independent of the right of a victim
to make a statement as described in division (A) of this section
or pursuant to section 2930.17 of the Revised Code or to otherwise
make a statement, the authority for a judge or prosecuting
attorney to furnish statements and information, make
recommendations, and give testimony as described in division (A)
of this section, the right of a prosecuting attorney, judge, or
victim to give testimony or submit a statement at a full parole
board hearing pursuant to section 5149.101 of the Revised Code,
and any other right or duty of a person to present information or
make a statement, any person may send to the adult parole
authority at any time prior to the authority's recommending a
pardon or commutation or granting a parole for the offender a
written statement relative to the offense and the pending action.
Sec. 2967.121. (A) Subject to division (C)(D) of this
section,
at least two weeks before any convict
who is serving a
sentence
for committing a felony of
the first, second, or third
degree or who is serving a sentence of life imprisonment is
released from confinement in any state correctional institution
pursuant to a pardon, commutation of sentence, parole, or
completed prison
term, the adult parole authority shall send
notice of the release to the
prosecuting attorney of the county in
which the indictment of the convict was
found.
The
(B) The notice required by this division (A) of this section
may
be contained in a weekly list of all felons of the
first,
second,
or third degree or who are serving a sentence of life
imprisonment and who
are scheduled for release. The notice
(B) Subject to division (D) of this section, if a convict who
is
serving a sentence for committing a felony of the first,
second,
or third degree or who is serving a sentence of life
imprisonment
is released from confinement pursuant to a pardon,
commutation of
sentence, parole, or completed prison term, the
adult parole
authority shall send notice of the release to the
prosecuting
attorney of the county in which the indictment of the
convict was
filed. The notice required by this division shall be
sent to the
appropriate prosecuting attorney at the end of the
month in which
the convict is released and may be contained in a
monthly list of
all convicts who are released in that month and
for whom this
division requires a notice to be sent to that
prosecuting
attorney.
(C) The notices required by divisions (A) and (B) of this
section shall
contain all of the
following:
(1) The name of the convict being released;
(2) The date of the convict's release;
(3) The offense for the violation of which the convict was
convicted and incarcerated;
(4) The date of the convict's conviction pursuant to which
the convict was incarcerated;
(5) The sentence imposed for that conviction;
(6) The length of any supervision that the convict will be
under;
(7) The name, business address, and business phone number
of
the convict's supervising officer;
(8) The address at which the convict will reside.
(C)(D) Divisions (A) and, (B), and (C) of this section do not
apply to the
release from confinement of an offender if the
offender is serving
a prison term imposed under division (A)(3),
(B)(1)(a), (b), or
(c), (B)(2)(a), (b), or (c), or (B)(3)(a),
(b), (c), or (d) of
section 2971.03 of the Revised Code, if the
court pursuant to
section 2971.05
of the Revised Code modifies
the requirement that
the offender serve that
entire term in a
state correctional
institution, and if the release from
confinement is
pursuant
to
that modification. In a case of that
type, the court that modifies
the
requirement promptly shall
provide written notice of the
modification and the
order that
modifies the requirement or
revises the modification to the
offender, the department of
rehabilitation and correction, the
prosecuting
attorney, and any
state agency or political
subdivision that is affected by
the
order.
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 sixty days 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)(a) 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 and if division (A)(3)(b) of this
section applies, the adult parole authority, at least
three weeks
sixty days 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.
(b) If a prisoner is incarcerated for the commission of an
offense of violence that is a felony of the first, second, or
third degree, the notice described in division (A)(3)(a) of this
section shall be given regardless of whether the victim requested
notice. The authority shall send the notice by ordinary mail to an
address previously provided by the victim. If the victim has not
provided an address, the authority shall attempt to identify a
mailing address for the victim and send notice to that address.
Division (A)(3)(b) of this section, and the notice-related
provisions of divisions (D)(2) and (I) of section 2929.20,
division (D)(1) of section 2930.16, division (H) of section
2967.12, division (D)(1) of section 2967.28, and division (A)(2)
of section 5149.101 of the Revised Code enacted in the act in
which division (A)(3)(b) of this section was enacted, shall be
known as "Roberta's Law."
(4) The department of rehabilitation and correction, at least
three weeks sixty days prior to a hearing to transfer the prisoner
to transitional control pursuant to this section, shall post on
the database it maintains pursuant to section 5120.66 of the
Revised Code the prisoner's name and all of the information
specified in division (A)(1)(c)(iv) of that section. In addition
to and independent of the right of a victim to submit a statement
as described in division (A)(3) of this section or to otherwise
make a statement and in addition to and independent of any other
right or duty of a person to present information or make a
statement, any person may send to the adult parole authority at
any time prior to the authority's transfer of the prisoner to
transitional control a written statement regarding the transfer of
the prisoner to transitional control. In addition to the
information, reports, and statements it considers under divisions
(A)(2) and (3) of this section or that it otherwise considers, the
authority shall consider each statement submitted in accordance
with this division in deciding whether to transfer the prisoner to
transitional control.
(B) Each prisoner
transferred to transitional control under
this section shall be
confined in the manner described in division
(A) of this
section during any period of time that the prisoner is
not actually working at the prisoner's approved employment,
engaged
in a vocational training or another educational program,
engaged in another
program
designated by the director, or engaged
in other activities approved by the
department.
(C) The department of rehabilitation and correction shall
adopt rules for
transferring eligible prisoners to transitional
control, supervising and confining prisoners so transferred,
administering the
transitional control program in accordance with
this
section, and using the moneys deposited into the transitional
control fund established under division (E) of this section.
(D) The department of rehabilitation and correction may
adopt
rules for the issuance of passes for the limited purposes
described in this division to prisoners who are transferred to
transitional control under this section. If the department
adopts
rules of that nature, the rules shall govern the granting
of the
passes and shall provide for the supervision of prisoners
who are
temporarily released pursuant to one of those passes. Upon the
adoption of
rules under this division, the department may issue
passes to
prisoners who are transferred to transitional control
status
under this section in accordance with the rules and the
provisions of this division. All passes issued under this
division
shall be for a maximum of forty-eight hours and may be
issued only
for the following purposes:
(1) To visit a
relative
in imminent danger of death;
(2) To
have a private viewing of the
body of a deceased
relative;
(3) To visit with family;
(4) To otherwise aid in the rehabilitation of the
prisoner.
(E) The adult parole authority may require a
prisoner
who is
transferred to transitional control to pay to
the division of
parole and community services
the reasonable expenses incurred by
the division in supervising or confining the prisoner while under
transitional control. Inability to pay those
reasonable expenses
shall not be
grounds
for refusing to transfer an otherwise
eligible
prisoner to transitional control. Amounts received by
the
division of
parole and community services
under this division
shall be deposited into the transitional
control fund, which is
hereby created in the state treasury and which hereby replaces and
succeeds
the furlough services fund that formerly existed in the
state treasury. All
moneys that remain in the furlough services
fund on
March 17, 1998, shall
be
transferred on that date to the
transitional control fund. The
transitional
control fund shall be
used
solely to pay costs
related to the operation of the
transitional control
program
established under this section. The
director of
rehabilitation
and correction shall adopt rules in
accordance
with section 111.15
of the Revised Code for the use of
the fund.
(F) A prisoner who violates any rule established by the
department of rehabilitation and correction under
division (A),
(C), or (D) of this section may
be transferred to
a state
correctional institution pursuant to rules adopted under
division
(A), (C), or (D) of this section, but the
prisoner shall receive
credit
towards completing the prisoner's sentence for the time
spent
under transitional control.
If a prisoner is transferred to transitional control under
this section, upon successful completion of the period of
transitional control, the prisoner may be
released on parole or
under post-release control pursuant to section 2967.13
or 2967.28
of the Revised Code and rules
adopted by the department of
rehabilitation and
correction. If the prisoner is released under
post-release control, the
duration of
the post-release control,
the type of post-release control
sanctions that may be imposed,
the enforcement of the sanctions,
and the treatment of prisoners
who violate any sanction
applicable to the prisoner are governed
by section 2967.28 of
the Revised Code.
Sec. 2967.28. (A) As used in this section:
(1) "Monitored time" means the monitored time
sanction
specified in section 2929.17 of the Revised
Code.
(2) "Deadly weapon" and "dangerous
ordnance" have the same
meanings as in section 2923.11 of
the Revised Code.
(3) "Felony sex offense" means a violation of a section
contained in
Chapter 2907. of the Revised Code that is a felony.
(B) Each sentence to a prison term for an offense that is a
felony
of the first
degree, for a felony of the second degree, for
a felony sex
offense, or for a felony of the third degree
that is
not a felony
sex offense and that is either an offense of violence
or an offense in the commission of which the offender
caused or
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of
post-release control imposed by the parole board after the
offender's
release from imprisonment. If a court imposes a
sentence including a prison term of a type described in this
division on or after the effective date of this amendment July 11,
2006, the failure of a sentencing court to notify the offender
pursuant to division (B)(3)(c) of section 2929.19 of the Revised
Code of this requirement or to include in the judgment of
conviction entered on the journal a statement that the offender's
sentence includes this requirement does not negate, limit, or
otherwise affect the mandatory period of supervision that is
required for the offender under this division. Section 2929.191 of
the Revised Code applies if, prior to the effective date of this
amendment July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
notify the offender pursuant to division (B)(3)(c) of section
2929.19 of the Revised Code regarding post-release control or to
include in the judgment of conviction entered on the journal or in
the sentence pursuant to division (F)(1) of section 2929.14 of the
Revised Code a statement regarding post-release control. Unless
reduced by the
parole board
pursuant to division (D) of this
section when
authorized under that
division, a period of
post-release control
required by this division for an offender
shall be of one
of the
following periods:
(1) For a felony of the first degree or for, a felony sex
offense, or an offense of violence that is a felony of the first,
second, or third degree, five
years;
(2) For a felony of the second degree that is not a felony
sex offense or an offense of violence,
three years;
(3) For a felony of the third degree that is not a felony
sex
offense or an offense of violence and in the commission of which
the offender caused or
threatened
physical harm to a person, three
years.
(C) Any sentence to a prison term for a felony
of the third,
fourth, or
fifth degree that is not subject to division (B)(1) or
(3) of this
section shall include a requirement that the offender
be
subject to a period of post-release control of up to three
years
after the offender's release from imprisonment, if the
parole board, in
accordance with division (D) of this section,
determines that a
period of post-release control is necessary for
that offender. Section 2929.191 of the Revised Code applies if,
prior to the effective date of this amendment July 11, 2006, a
court imposed a sentence including a prison term of a type
described in this division and failed to notify the offender
pursuant to division (B)(3)(d) of section 2929.19 of the Revised
Code regarding post-release control or to include in the judgment
of conviction entered on the journal or in the sentence pursuant
to division (F)(2) of section 2929.14 of the Revised Code a
statement regarding post-release control.
(D)(1) Before the prisoner is released from
imprisonment,
the
parole board
shall impose upon a prisoner
described in
division
(B) of this section, may impose
upon a prisoner described
in
division (C) of this
section, and shall impose upon a prisoner
described in division
(B)(2)(b) of section 5120.031 or in division
(B)(1) of section 5120.032 of the Revised
Code, one or more
post-release control sanctions to apply
during the prisoner's
period of post-release control. Whenever the board
imposes one or
more post-release control sanctions upon a prisoner, the board,
in
addition to imposing the sanctions, also shall include as a
condition of
the post-release control that the individual or felon
not
leave the state without permission of the court or the
individual's or felon's
parole or probation officer and that the
individual or felon abide by the
law. The board may impose any
other
conditions of release under a post-release control sanction
that the board
considers appropriate, and the conditions of
release may include any
community residential sanction, community
nonresidential sanction, or
financial sanction that the sentencing
court was authorized to impose pursuant
to sections 2929.16,
2929.17, and 2929.18 of the Revised Code. Prior to
the release of
a prisoner for whom it will impose one or more post-release
control sanctions under this division, the parole board shall
review the
prisoner's
criminal history, all
juvenile court
adjudications finding the prisoner, while a juvenile, to be a
delinquent child, and the record of the prisoner's conduct while
imprisoned. The parole board shall consider any recommendation
regarding
post-release control sanctions for the prisoner made by
the office of victims'
services. After considering those
materials, the board shall
determine, for a prisoner described in
division (B) of
this section, division (B)(2)(b) of
section
5120.031, or division (B)(1) of section 5120.032
of the Revised
Code, which post-release control
sanction or combination of
post-release control sanctions is
reasonable under the
circumstances or, for a prisoner described
in division (C) of this
section, whether a post-release
control sanction is necessary and,
if so, which post-release
control sanction or combination of
post-release control sanctions
is reasonable under the
circumstances. In the case of a prisoner convicted of
a felony of
the fourth
or fifth degree other than a felony sex offense, the
board shall presume that
monitored time is the appropriate
post-release control sanction unless the
board determines that a
more restrictive sanction is
warranted. A post-release control
sanction imposed under this
division takes effect upon the
prisoner's release from
imprisonment.
Regardless of whether the prisoner was sentenced to the
prison term prior to, on, or after the effective date of this
amendment July 11, 2006, prior to the release of a prisoner for
whom it will impose one or more post-release control sanctions
under this division, the parole board shall notify the prisoner
that, if the prisoner violates any sanction so imposed or any
condition of post-release control described in division (B) of
section 2967.131 of the Revised Code that is imposed on the
prisoner, the parole board may impose a prison term of up to
one-half of the stated prison term originally imposed upon the
prisoner.
At least thirty days before the prisoner is released from
imprisonment, the department of rehabilitation and correction
shall send notice by ordinary mail to the victim, the victim's
family, the prosecuting attorney in the case, the law enforcement
agency that arrested the prisoner, and any other person who
requests notification of the date on which the prisoner will be
released, the period for which the prisoner will be under parole
or post-release control supervision, and the terms and conditions
of the prisoner's parole or post-release control. This paragraph,
and the notice-related provisions of divisions (D)(2) and (I) of
section 2929.20, division (D)(1) of section 2930.16, division (H)
of section 2967.12, division (A)(3)(b) of section 2967.26, and
division (A)(2) of section 5149.101 of the Revised Code enacted in
the act in which this paragraph was enacted, shall be known as
"Roberta's Law."
(2) At any time after a prisoner is
released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole
authority may
review
the releasee's behavior under the post-release control
sanctions
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the
standards
established under division (E) of this section, that a
more
restrictive or a
less restrictive sanction is appropriate and
may impose a
different sanction. Unless the period of
post-release
control was imposed for
an offense described in
division (B)(1) of
this section, the
authority also may recommend
that the parole
board reduce the
duration of the period of
post-release control
imposed by the
court. If the authority
recommends that the board
reduce the duration of control for an
offense described in
division
(B)(2), (B)(3), or (C) of this
section, the board
shall
review the
releasee's behavior and may
reduce the duration of the
period of
control imposed by the court.
In no case shall the board
reduce the duration
of the period of
control imposed by the court
for an offense described in
division
(B)(1) of this section, and
in no case shall the board
permit the
releasee to leave the
state
without permission of the court or the
releasee's parole or
probation
officer.
(E) The department of rehabilitation and correction, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules that do all of the
following:
(1) Establish standards for the imposition by the
parole
board of post-release control sanctions under this section
that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised
Code and
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can
determine which prisoners described in division (C) of
this
section should be placed under a period of post-release
control;
(3) Establish standards to be used by the parole board
in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release
control
sanction than monitored time upon a prisoner convicted of a felony
of
the fourth or fifth
degree other than a felony sex offense, or
in imposing a less restrictive
control sanction
upon a releasee
based on the releasee's activities including, but
not limited to,
remaining free from criminal activity and from
the abuse of
alcohol or other drugs, successfully participating
in approved
rehabilitation programs, maintaining employment, and
paying
restitution to the victim or meeting the terms of other
financial
sanctions;
(4) Establish standards to be used by the adult parole
authority in
modifying a releasee's post-release control sanctions
pursuant to division
(D)(2) of this section;
(5) Establish standards to be used by the adult parole
authority or parole
board in imposing further sanctions under
division (F) of this
section on releasees who violate post-release
control sanctions,
including standards that do the following:
(a) Classify violations according to the degree of
seriousness;
(b) Define the circumstances under which formal
action by
the
parole board is warranted;
(c) Govern the use of evidence at violation hearings;
(d) Ensure procedural due process to an alleged violator;
(e) Prescribe nonresidential community control
sanctions for
most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to
imprisonment for
violations of post-release control.
(F)(1) Whenever the parole board imposes one or more
post-release control sanctions upon an
offender under
this
section,
the offender upon release from
imprisonment shall be
under the general
jurisdiction of the
adult
parole authority and
generally shall be supervised by the
field services section
through its staff of parole and
field
officers
as described in
section 5149.04 of the Revised
Code, as if the
offender had been
placed on parole. If the
offender upon release
from imprisonment
violates the
post-release
control sanction or
any
conditions
described in
division (A) of
section 2967.131 of
the Revised Code
that are imposed on
the
offender, the public or
private
person or
entity that
operates or
administers the sanction
or the program or
activity
that comprises
the sanction shall
report the violation
directly
to the adult
parole authority or to
the officer of the
authority
who supervises
the offender. The
authority's officers
may treat
the offender as
if the offender
were on parole and in
violation of the
parole, and
otherwise shall
comply with this
section.
(2) If the adult parole authority determines that a
releasee
has violated a post-release control sanction or any conditions
described in division (A) of section
2967.131 of the Revised Code
imposed
upon the releasee and that a more restrictive sanction is
appropriate,
the authority may impose a more restrictive sanction
upon the
releasee, in accordance with the standards established
under
division (E) of this section,
or may report the violation to
the parole board for a hearing
pursuant to division (F)(3) of
this
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control or
impose as a post-release control sanction a
residential sanction
that includes a prison term,
but the authority may impose on the
releasee any other residential
sanction, nonresidential sanction,
or financial sanction that the sentencing
court was authorized to
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised Code.
(3) The parole board may hold a hearing on
any alleged
violation by a releasee of a post-release control
sanction or any
conditions described in
division (A) of
section 2967.131 of the
Revised Code that are imposed upon the
releasee. If after the
hearing the
board finds that
the releasee violated the sanction or
condition, the board
may increase the
duration of the releasee's
post-release control up to the maximum
duration authorized by
division (B) or (C) of
this section or impose a more restrictive
post-release control
sanction.
When appropriate, the board may
impose as a
post-release control sanction a residential sanction
that
includes a prison term.
The board shall consider a prison
term as a post-release control
sanction imposed for a violation of
post-release control when the
violation
involves a deadly weapon
or dangerous ordnance, physical harm or
attempted serious physical
harm to a person, or sexual misconduct,
or when the releasee
committed repeated violations of
post-release control sanctions.
The period of a prison term that
is
imposed as a post-release
control sanction under this division shall not
exceed nine months,
and the maximum cumulative prison term for all
violations under
this division shall not exceed one-half
of the stated prison
term
originally imposed upon the offender as part of this sentence.
The
period of a prison term that is imposed as a
post-release
control
sanction under this division shall not count as, or be
credited
toward, the remaining period of post-release control.
If an offender is imprisoned for a felony committed while
under post-release control supervision and is again released on
post-release control for a period of time determined by division
(F)(4)(d) of this section, the maximum cumulative prison term for
all violations under this division shall not exceed one-half of
the total stated prison terms of the earlier felony, reduced by
any prison term administratively imposed by the parole board, plus
one-half of the total stated prison term of the new felony.
(4)
Any period of post-release control shall commence upon
an
offender's actual release from prison. If an offender is
serving
an
indefinite prison term or a life sentence in addition
to a
stated prison term,
the offender shall serve the period of
post-release control in the following
manner:
(a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a
life sentence or an indefinite sentence, and if the period
of post-release
control ends prior to the period of parole, the
offender shall be supervised
on parole. The offender shall
receive
credit for post-release control
supervision during the
period of
parole. The offender is not eligible for
final release
under
section 2967.16 of the Revised Code until
the post-release
control
period
otherwise would have ended.
(b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an
indefinite sentence, and if the period of parole ends
prior to the period of
post-release control, the offender shall be
supervised on post-release
control. The requirements of parole
supervision shall be satisfied during the
post-release control
period.
(c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the
sentences shall be the period of post-release control that
expires last, as
determined by the parole board. Periods of
post-release control shall be
served concurrently and shall not be
imposed consecutively to each other.
(d) The period of
post-release control for a releasee who
commits a felony while
under post-release control for an earlier
felony shall be the
longer of the period of post-release control
specified for the
new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board.
Sec. 5120.66. (A) Within ninety days after November 23,
2005, but not before January 1, 2006, the department of
rehabilitation and correction shall establish and operate on the
internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a
sentence imposed for a conviction of or plea of guilty to any
offense, all of the following information:
(b) For each offense for which the inmate was sentenced to a
prison term or term of imprisonment and is in the department's
custody, the name of the offense, the Revised Code section of
which the offense is a violation, the gender of each victim of the
offense if those facts are known, whether each victim of the
offense was an adult or child if those facts are known, the range
of the possible prison terms or term of imprisonment that could
have been imposed for the offense, the actual prison term or term
of imprisonment imposed for the offense, the county in which the
offense was committed, the date on which the inmate began serving
the prison term or term of imprisonment imposed for the offense,
and either the date on which the inmate will be eligible for
parole relative to the offense if the prison term or term of
imprisonment is an indefinite term or life term or the date on
which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable
regarding the inmate:
(i) If known to the department prior to the conduct of any
hearing for judicial release of the defendant pursuant to section
2929.20 of the Revised Code in relation to any prison term or term
of imprisonment the inmate is serving for any offense, notice of
the fact that the inmate will be having a hearing regarding a
possible grant of judicial release, the date of the hearing, and
the right of any person pursuant to division (J) of that section
to submit to the court a written statement regarding the possible
judicial release;
(ii) If the inmate is serving a prison term pursuant to
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code, 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 sixty days before the adult parole
authority
recommends a pardon or commutation of sentence for the
inmate or
at least three weeks sixty days 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 sixty days before the inmate has a
hearing
regarding a transfer to transitional control under
section 2967.26
of the Revised Code in relation to any prison
term or term of
imprisonment the inmate is serving for any
offense, notice of the
pendency of the transfer, of the date of
the possible transfer,
and of the right of any person to submit a
statement regarding the
possible transfer;
(v) Prompt notice of the inmate's escape from any facility in
which the inmate was incarcerated and of the capture of the inmate
after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement,
notice of the fact that the inmate will be released, of the date
of the release, and, if applicable, of the standard terms and
conditions of the release;
(viii) Notice of the inmate's judicial release.
(2) Information as to where a person can send written
statements of the types referred to in divisions (A)(1)(c)(i),
(iii), and (iv) of this section.
(B)(1) The department shall update the database required
under division (A) of this section every twenty-four hours to
ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section
is a public record open for inspection under section 149.43 of the
Revised Code. The department shall make the database searchable by
inmate name and by the county and zip code where the offender
intends to reside after release from a state correctional
institution if this information is known to the department.
(3) The database required under division (A) of this section
may contain information regarding inmates who are listed in the
database in addition to the information described in that
division.
(4) No information included on the database required under
division (A) of this section shall identify or enable the
identification of any victim of any offense committed by an
inmate.
(C) For ten years after the final discharge of an inmate who
was imprisoned for the commission of an offense of violence that
is a felony of the first, second, or third degree, the department
shall keep on the database required under division (A) of this
section all the information that it is required to include on the
database relative to the inmate.
(D) The failure of the department to comply with the
requirements of division (A) or (B) of this section does not give
any rights or any grounds for appeal or post-conviction relief to
any inmate.
(D)(E) This section, and the related provisions of sections
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted
in the act in which this section was enacted, shall be known as
"Laura's Law."
Sec. 5149.07. The department of rehabilitation and
correction shall maintain central files and records pertaining to
the work of the adult parole authority, and shall coordinate the
department's record-keeping with that of the adult parole
authority. Additionally, the department shall not later than the
first Monday of January of odd-numbered years prepare and submit
to the governor for his the governor's approval and signature a
written report
showing each case of pardon, commutation, or
reprieve granted
during the preceding biennium, stating the name
and crime of the
convict or prisoner, the sentence, its date, and
the date of the
clemency action, together with the reasons listed
therefor in the
governor's clemency record. The report shall
conform to the
requirements of Section 11 of Article III, Ohio
Constitution.
The department shall conduct research relative to the
functioning of clemency, probation, and parole as part of the
adult corrections program in this state, which research shall be
designed to yield information upon which the division of parole
and community services, the department of rehabilitation and
correction, the governor, and the general assembly can base
policy
decisions.
At the end of each quarter, the department shall submit to
the chairpersons of the committees of the senate and the house of
representatives that consider criminal justice legislation a
report on the number and results of parole hearings conducted
during the quarter and a list of persons incarcerated for
committing offenses of violence who were granted parole and a
summary of the terms and conditions of their parole. The
department shall provide the committees with any documentation
related to the reports that members of the committees may request.
Upon request, the department shall provide a detailed
statement, supported by documentation, of the reasons why a
particular prisoner was granted parole to the law enforcement
agency that arrested the prisoner, the prosecuting attorney who
prosecuted the case, or any person who is a member of the general
assembly at the time the person makes the request.
Sec. 5149.10. (A) The parole board shall consist of
up to
twelve
members, one of
whom shall be designated as chairperson by
the
director of the department of rehabilitation and correction
and
who shall continue as chairperson until a successor is
designated,
and any other personnel that are necessary for the
orderly
performance of the duties of the board. In addition to
the
rules
authorized by section 5149.02 of the Revised Code, the
chief
of
the adult parole authority, subject to the approval of
the
chief
of the division of parole and community services and
subject
to
this
section, shall adopt
rules governing the
proceedings of
the
parole board. The rules
shall provide for the
convening of
full
board hearings,
the procedures to be followed in
full board
hearings, and general procedures to be followed in
other hearings
of the board and by the board's hearing officers. The rules shall
prohibit the board from considering sentences in effect on and
after July 1, 1996, in making determinations relative to the
release of an inmate who is imprisoned for an offense committed
before July 1, 1996.
The rules also
shall
require agreement by a
majority of all the
board members to
any
recommendation of
clemency transmitted to the
governor.
When the board members sit as a full board, the
chairperson
shall preside. The
chairperson shall also allocate the work of
the
parole
board among the board members. The full board shall
meet at
least once
each month. In the case of a tie vote on the
full
board, the chief of the
adult parole authority shall cast the
deciding vote. The chairperson may
designate a person to serve in
the chairperson's place.
Except as otherwise provided in division (B) of this
section,
no person shall be appointed a member of the board who is
not
qualified by education or experience in correctional work,
including law enforcement, prosecution of offenses, advocating for
the
rights of victims of crime, probation, or parole, in law, in
social work, or in a combination of the three categories.
(B) The director of rehabilitation and correction, in
consultation with the governor, shall appoint one member of the
board, who
shall
be a person who has been a victim of crime or who
is a member of a victim's
family or who represents an organization
that advocates for the rights of
victims of crime. After
appointment, this member shall be an unclassified
employee of the
department of rehabilitation and correction.
The initial appointment shall be for a term ending four years
after July 1, 1996.
Thereafter, the term
of office of the
member
appointed
under this
division shall be for
four years, with each
term ending on the
same
day of the same
month as did the term
that it succeeds. The
member
shall hold
office from the date of
appointment until the
end of the term for
which the member was
appointed and
may be
reappointed. Vacancies
shall be filled in
the manner provided for
original appointments.
Any member
appointed under this division to
fill a
vacancy
occurring prior
to the expiration date of the term
for which the
member's
predecessor was appointed shall hold office
as a member
for the
remainder of
that term. The member appointed
under this
division
shall continue in office
subsequent to the
expiration
date of the
member's term until the member's
successor
takes
office or until
a period of sixty days has elapsed,
whichever
occurs first.
The member appointed under this division shall be compensated
in the same
manner as other board members and shall be reimbursed
for actual and necessary
expenses incurred in the performance of
the members' member's duties. The member may
vote on all cases
heard by
the
full board under section 5149.101 of the Revised
Code, has
such
duties as are
assigned by the chairperson of the
board, and
shall
coordinate the member's
activities with the
office of
victims'
services created under section 5120.60
of the
Revised
Code.
As used in this division,
"crime,"
"member of the victim's
family," and
"victim" have the meanings given in section 2930.01
of the Revised Code.
(C) The chairperson shall submit all recommendations for or
against clemency directly to the governor.
(D) The chairperson shall transmit to the chief of the adult
parole
authority all determinations for or against parole made by
the board. Parole
determinations are final and
are not subject to
review or change by the chief.
(E) In addition to its duties pertaining to parole and
clemency,
if an offender is sentenced to a prison term pursuant to
division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised
Code, the parole
board shall have
control over the
offender's
service of
the prison
term during the entire term
unless the board
terminates
its
control in accordance with section
2971.04
of the
Revised
Code.
The parole board may
terminate its
control over the
offender's
service of the prison term
only in
accordance with
section 2971.04
of the Revised Code.
Sec. 5149.101. (A)(1) A board hearing officer, a board
member, or the office of
victims' services may
petition the board
for a full board hearing that relates to the proposed
parole or
re-parole of a prisoner. At a meeting of the board at which a
majority of board
members are present, the majority of those
present shall determine whether a
full
board hearing shall be
held.
(2) A victim of a violation of section 2903.01 or 2903.02 of
the Revised Code an offense of violence that is a felony of the
first, second, or third degree, the victim's representative, or
any person described in division (B)(5) of this section may
request the board hold a full board hearing that relates to the
proposed parole or re-parole of the person that committed the
violation. If a victim, victim's representative, or other person
requests a full board hearing pursuant to this division, the board
shall hold a full board hearing.
At least thirty days before the
full hearing, the board
shall send notice of the date, time, and
place of the hearing by
ordinary mail to the victim, the victim's
family, the prosecuting
attorney in the case, and the law
enforcement agency that
arrested the prisoner. The authority shall
send the notice to the
victim and the victim's family to addresses
previously provided
by them. If the victim or victim's family has
not provided an
address, the authority shall attempt to identify a
mailing
address for the victim or victim's family and send notice
to that
address. This paragraph, and the notice-related provisions of
divisions (D)(2) and (I) of section 2929.20, division (D)(1) of
section 2930.16, division (H) of section 2967.12, division
(A)(3)(b) of section 2967.26, and division (D)(1) of section
2967.28 of the Revised Code enacted in the act in which this
paragraph was enacted, shall be known as "Roberta's Law."
(B) At a full board hearing that relates to the
proposed
parole or re-parole of a prisoner and that has been petitioned for
or requested
in accordance with division (A) of this section, the
parole board shall permit the following persons to
appear and to
give testimony or to submit written statements:
(1) The prosecuting attorney of the county in which the
original
indictment against the prisoner was found and members of
any law enforcement
agency that assisted in the prosecution of the
original offense;
(2) The judge of the court of common pleas who imposed
the
original sentence of incarceration upon the prisoner, or the
judge's
successor;
(3) The victim of the original offense for which the prisoner
is
serving the sentence or the victim's representative designated
pursuant to section 2930.02 of the Revised Code:;
(4) The victim of any behavior that resulted in parole being
revoked;
(5) With respect to a full board hearing held pursuant to
division (A)(2) of this section, all of the following:
(a) The spouse of the victim of the original offense;
(b) The parent or parents of the victim of the original
offense;
(c) The sibling of the victim of the original offense;
(d) The child or children of the victim of the original
offense.
(6) Counsel or some other person designated by the prisoner
as a representative, as described in division (C) of this section.
(C) Except as otherwise provided in this division, a full
board
hearing of the
parole board is not subject to section 121.22
of the Revised Code. The persons who may
attend a
full board
hearing are the persons described in divisions (B)(1) to
(6) of
this section, and representatives of the press, radio and
television
stations, and broadcasting networks who are members of
a generally recognized
professional media organization.
At the request of a person described in division (B)(3) of
this
section, representatives of the news media described in this
division shall be
excluded from the hearing while that person is
giving testimony at the
hearing. The prisoner being considered for
parole has no right to be present
at the hearing, but may be
represented by counsel or some other person
designated by
the
prisoner.
If there is an objection at a full board hearing to a
recommendation for
the parole of a prisoner, the board may approve
or disapprove the
recommendation or defer its decision until a
subsequent full board hearing.
The board may permit interested
persons other than those listed in this
division and division (B)
of this section to attend full board
hearings pursuant to rules
adopted by the adult parole authority.
(D) If the victim of the original offense died as a result of
the offense and the offense was an offense of violence that is a
felony of the first, second, or third degree, the family of the
victim may show at a full board hearing a video recording not
exceeding five minutes in length memorializing the victim.
(E) The adult parole authority shall adopt rules for the
implementation of this section. The rules shall specify reasonable
restrictions on the number of media representatives that may
attend a hearing,
based on considerations of space, and other
procedures designed to accomplish
an effective, orderly process
for full board hearings.
Section 2. That existing sections 2152.86, 2903.03, 2929.20,
2930.03, 2930.06,
2930.16, 2950.01, 2967.03, 2967.12, 2967.121,
2967.26,
2967.28, 5120.66, 5149.07,
5149.10, and 5149.101 of the
Revised
Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect on
January 1, 2008, or on the earliest date permitted by law,
whichever is later.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
this act's inclusion within the coverage of state's Sex Offender
Registration and Notification Law of persons who are convicted of,
or found to be delinquent children for committing, voluntary
manslaughter with a sexual motivation is crucially needed to
provide increased protection and security for the state's
residents from those offenders and delinquent children and to link
that inclusion to the provisions of recently enacted Am. Sub. S.B.
10 of the 127th General Assembly. Therefore, this act shall take
immediate effect.
|
|