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.
|
H. B. No. 225 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
A BILL
To amend section 2951.03 of the Revised Code to
eliminate the requirement for certain felons that
a presentence investigation report be prepared
prior to an offender's placement under a community
control sanction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2951.03 of the Revised Code be
amended to read as follows:
Sec. 2951.03. (A)(1) No person who has been convicted of or
pleaded
guilty to
a felony shall be placed under a
community
control sanction until a written presentence investigation report
has been considered by the court if the person has been convicted
of or pleaded guilty to a felony offense of violence, a felony sex
offense, as defined in section 2967.28 of the Revised Code, or a
felony during the commission of which the person had a firearm,
deadly weapon, or dangerous ordnance on or about the person or
under the person's control. If a court does not order the
preparation of a presentence investigation report pursuant to this
section, section 2947.06 of the Revised Code, or Criminal Rule
32.2, the court, prior to placing a defendant under a community
control sanction, may make any necessary inquiries of the
defendant on the record and shall articulate the court's reasons
for placing the defendant under a community control sanction. If
a court orders the
preparation of a presentence investigation
report pursuant to this
section, section 2947.06 of the Revised
Code, or
Criminal Rule
32.2, the officer making the report shall
inquire into the
circumstances of the offense and the criminal
record, social
history, and present condition of the defendant,
all information
available regarding any prior adjudications of the
defendant as a
delinquent child and regarding the dispositions
made relative to
those adjudications, and any
other matters
specified in Criminal
Rule 32.2.
Whenever the officer considers
it advisable, the
officer's investigation may
include a physical
and mental
examination of
the defendant. A physical examination of
the
defendant may include a drug
test consisting of a chemical
analysis of a blood or urine
specimen of the defendant to
determine whether the defendant
ingested or was injected with a
drug of
abuse. If, pursuant to section 2930.13 of the Revised
Code, the
victim
of the offense of which the defendant has been
convicted wishes to make a
statement regarding the impact of the
offense for the officer's use in
preparing the presentence
investigation report, the officer shall comply
with the
requirements of that section.
(2) If a defendant is committed to any institution,
the
presentence investigation report shall be sent to the
institution
with the entry of commitment. If a defendant is
committed to any
institution and a presentence investigation
report is not prepared
regarding that defendant pursuant to this
section, section 2947.06
of the Revised Code, or Criminal Rule
32.2, the director of the
department of rehabilitation and
correction or the director's
designee may order that an offender
background investigation and
report be conducted and prepared regarding the
defendant pursuant
to section 5120.16 of the Revised Code.
An offender background
investigation report prepared pursuant to this section shall be
considered confidential information and is not a public record
under section 149.43 of the Revised Code.
(3) The department of rehabilitation and correction may use
any presentence investigation report and any offender background
investigation report prepared pursuant to this section for
penological and rehabilitative purposes. The department may
disclose any
presentence investigation report and any offender
background
investigation report to courts, law enforcement
agencies,
community-based correctional facilities, halfway houses,
and
medical, mental health, and substance abuse treatment
providers.
The department shall make the disclosure in a manner
calculated to
maintain the report's confidentiality. Any
presentence investigation report or offender background
investigation report that the department discloses to a
community-based correctional facility, a halfway house, or a
medical, mental health, or substance abuse treatment provider
shall not include a victim impact section or information
identifying a witness.
(B)(1) If a presentence investigation report is prepared
pursuant to this section, section 2947.06 of the Revised Code,
or
Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's
counsel to read the report, except that the court shall not permit
the
defendant or the defendant's counsel to read any of the
following:
(a) Any recommendation as to sentence;
(b) Any diagnostic opinions that, if disclosed, the court
believes might seriously disrupt a program of rehabilitation for
the defendant;
(c) Any sources of information obtained upon a promise of
confidentiality;
(d) Any other information that, if disclosed, the court
believes might result in physical harm or some other type of harm
to the defendant or to any other person.
(2) Prior to sentencing, the court shall permit the
defendant
and the defendant's counsel to comment on the
presentence
investigation report and, in its discretion, may
permit the
defendant and the defendant's counsel to introduce
testimony or
other information that relates to any alleged factual
inaccuracy
contained in the report.
(3) If the court believes that any information in the
presentence investigation report should not be disclosed pursuant
to division (B)(1) of this section, the court, in lieu of making
the report or any part of the report available, shall state
orally
or in writing a summary of the factual information
contained in
the report that will be relied upon in determining
the defendant's
sentence. The court shall permit the defendant
and the
defendant's
counsel to comment upon the oral or written
summary of
the report.
(4) Any material that is disclosed to the defendant or the
defendant's
counsel pursuant to this section shall be disclosed to
the
prosecutor who is handling the prosecution of the case against
the defendant.
(5) If the comments of the defendant or the defendant's
counsel,
the testimony they introduce, or any of the other
information they
introduce alleges any factual inaccuracy in the
presentence
investigation report or the summary of the report, the
court
shall do either of the following with respect to each
alleged
factual inaccuracy:
(a) Make a finding as to the allegation;
(b) Make a determination that no finding is necessary with
respect to the allegation, because the factual matter will not be
taken into account in the sentencing of the defendant.
(C) A court's decision as to the content of a summary
under
division (B)(3) of this section or as to the withholding of
information under division (B)(1)(a), (b), (c), or (d) of this
section shall be considered to be within the discretion of the
court. No appeal can be taken from either of those
decisions, and
neither of those decisions shall be the basis for
a reversal of
the
sentence imposed.
(D)(1) The contents of a presentence investigation report
prepared pursuant to this section, section 2947.06 of the Revised
Code, or Criminal
Rule 32.2 and the contents of any written or
oral summary of a
presentence investigation report or of a part of
a presentence investigation
report described in division (B)(3) of
this section are confidential
information and are not a public
record. The court, an appellate court,
authorized probation
officers, investigators, and court personnel, the
defendant, the
defendant's counsel, the prosecutor who is handling the
prosecution of the case against the defendant, and authorized
personnel of an
institution to which the defendant is committed
may inspect, receive copies
of, retain copies of, and use a
presentence investigation report or a written
or oral summary of a
presentence investigation only for the purposes of or
only as
authorized by Criminal Rule 32.2 or this section,
division (F)(1)
of section 2953.08, section 2947.06, or another
section of the
Revised Code.
(2) Immediately following the imposition of sentence upon
the
defendant,
the defendant or the defendant's counsel and the
prosecutor shall return to
the court all copies of a presentence
investigation report and of any written
summary of a presentence
investigation report or part of a
presentence investigation report
that the court made available to the
defendant or the defendant's
counsel and to the prosecutor pursuant to this
section. The
defendant or the defendant's counsel and the prosecutor shall
not
make any copies of the presentence investigation report or of any
written
summary of a presentence investigation report or part of a
presentence
investigation report that the court made available to
them pursuant to this
section.
(3) Except when a presentence investigation report or a
written or oral
summary of a presentence investigation report is
being used for the purposes
of or as authorized by Criminal Rule
32.2 or this section,
division (F)(1) of section 2953.08, section
2947.06, or another
section of the Revised Code, the court or
other authorized holder of the report or summary
shall retain the
report or summary under seal.
(E)
In inquiring into the information available regarding any
prior adjudications of the defendant as a delinquent child and
regarding the dispositions made relative to those adjudications,
the officer making the report shall consider all information that
is relevant, including, but not limited to, the materials
described in division (B) of section 2151.14, division (C)(3) of
section 2152.18, division (D)(3) of section 2152.19, and division
(E) of section 2152.71 of the Revised Code.
(F)
As used in this section:
(1) "Prosecutor" has the same meaning as in section 2935.01
of the Revised
Code.
(2) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(3) "Public record" has the same meaning as in section
149.43
of the Revised Code.
Section 2. That existing section 2951.03 of the Revised Code
is hereby repealed.
|
|