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Sub. S. B. No. 160 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Patton, Wagoner, Faber, Balderson, Beagle, Brown, Burke, Cafaro, Coley, Eklund, Gentile, Hite, Kearney, Lehner, Manning, Niehaus, Obhof, Oelslager, Peterson, Sawyer, Schaffer, Seitz, Turner, Widener
Representatives Conditt, Bubp, Garland, Hayes, Lynch, Pillich
A BILL
To amend sections 2152.86, 2717.01, 2903.03, 2929.13,
2929.20, 2930.03, 2930.06, 2930.16, 2950.01,
2951.041, 2953.08, 2967.03, 2967.12, 2967.121,
2967.19, 2967.26, 2967.28, 2971.04, 2971.05,
5120.66, 5149.07, and 5149.101 of the Revised Code
to require automatic notice to victims of
aggravated murder, murder, first, second, or third
degree felony offenses of violence, or offenses
punishable by a sentence of life imprisonment of
certain prisoner or alleged juvenile offender
release or transfer proceedings unless the victim
has requested that the notice not be provided; to
expand victim participation in parole hearings; to
require the Department of Rehabilitation and
Correction 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 require that the
Department, in cases in which a prosecuting
attorney currently is notified that a Department
prisoner is being considered for an early release
or a specified type of transfer to a less
restrictive setting, provide the prosecuting
attorney and any law enforcement agency, upon
request, with an institutional summary report
prepared with respect to the prisoner; 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 waive the notice by
publication requirement for a change of name if
the applicant submits proof that the publication
would jeopardize the applicant's personal safety;
to revise the sentencing options for fourth and
fifth degree felonies; and to name the victim and
family notification provisions Roberta's Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.86, 2717.01, 2903.03, 2929.13,
2929.20, 2930.03, 2930.06, 2930.16, 2950.01, 2951.041, 2953.08,
2967.03, 2967.12, 2967.121, 2967.19, 2967.26, 2967.28, 2971.04,
2971.05, 5120.66, 5149.07, 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 a violation of division (B) of section
2903.03 of the Revised Code.
(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. 2717.01. (A)(1) A person desiring a change of name may
file an application in the probate court of the county in which
the person resides. The application shall set forth that the
applicant has been a bona fide resident of that county for at
least one year prior to the filing of the application, the cause
for which the change of name is sought, and the requested new
name. The application shall require the applicant to state whether
the applicant has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for identity fraud or has a duty to
comply with section 2950.04 or 2950.041 of the Revised Code
because the applicant was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for having committed a sexually
oriented offense or a child-victim oriented offense.
Notice (2) Except as provided in division (A)(4) of this
section, notice of the application shall be given once by
publication in a newspaper of general circulation in the county at
least thirty days before the hearing on the application. The
notice shall set forth the court in which the application was
filed, the case number, and the date and time of the hearing.
(3) Except as provided by division (C) of this section, upon
proof that proper notice was given or that notice was waived under
division (A)(4) of this section and proof that the facts set forth
in the application show reasonable and proper cause for changing
the name of the applicant, the court may order the change of name.
(4) If an applicant for a change of name submits to the
court, along with the application described in division (A)(1) of
this section, satisfactory proof that the publication of the
notice under division (A)(2) of this section would jeopardize the
applicant's personal safety, both of the following apply:
(a) The court shall waive the notice requirement.
(b) If the court orders the change of name under division
(A)(3) of this section, the court shall order the records of the
change of name proceeding to be sealed and to be opened only by
order of the court for good cause shown or at the request of the
applicant for any reason.
(B) An application for change of name may be made on behalf
of a minor by either of the minor's parents, a legal guardian, or
a guardian ad litem. When application is made on behalf of a
minor, in addition to the notice and proof required pursuant to
division (A) of this section, the consent of both living, legal
parents of the minor shall be filed, or notice of the hearing
shall be given to the parent or parents not consenting by
certified mail, return receipt requested. If there is no known
father of the minor, the notice shall be given to the person who
the mother of the minor alleges to be the father. If no father is
so alleged, or if either parent or the address of either parent is
unknown, notice pursuant to division (A) of this section shall be
sufficient as to the father or parent.
Any additional notice required by this division may be waived
in writing by any person entitled to the notice.
(C)(1) The court shall not order a change of name under
division (A) of this section if the person applying for a change
of name or for whom the application for a change of name is made
has a duty to comply with section 2950.04 or 2950.041 of the
Revised Code because the applicant or the person on whose behalf
the application for a change of name is made was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
having committed a sexually oriented offense or a child-victim
oriented offense.
(2) The court shall not order a change of name under division
(A) of this section if the person applying for a change of name or
for whom the application for a change of name is made has pleaded
guilty to, been convicted of, or been adjudicated a delinquent
child for committing a violation of section 2913.49 of the Revised
Code unless the guilty plea, conviction, or adjudication has been
reversed on appeal.
(3) As used in this division, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 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. 2929.13. (A) Except as provided in division (E), (F),
or (G) of this section and unless a specific sanction is required
to be imposed or is precluded from being imposed pursuant to law,
a court that imposes a sentence upon an offender for a felony may
impose any sanction or combination of sanctions on the offender
that are provided in sections 2929.14 to 2929.18 of the Revised
Code.
If the offender is eligible to be sentenced to community
control sanctions, the court shall consider the appropriateness of
imposing a financial sanction pursuant to section 2929.18 of the
Revised Code or a sanction of community service pursuant to
section 2929.17 of the Revised Code as the sole sanction for the
offense. Except as otherwise provided in this division, if the
court is required to impose a mandatory prison term for the
offense for which sentence is being imposed, the court also shall
impose any financial sanction pursuant to section 2929.18 of the
Revised Code that is required for the offense and may impose any
other financial sanction pursuant to that section but may not
impose any additional sanction or combination of sanctions under
section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in addition
to the mandatory term of local incarceration or the mandatory
prison term required for the offense by division (G)(1) or (2) of
this section, the court shall impose upon the offender a mandatory
fine in accordance with division (B)(3) of section 2929.18 of the
Revised Code and may impose whichever of the following is
applicable:
(1) For a fourth degree felony OVI offense for which sentence
is imposed under division (G)(1) of this section, an additional
community control sanction or combination of community control
sanctions under section 2929.16 or 2929.17 of the Revised Code. If
the court imposes upon the offender a community control sanction
and the offender violates any condition of the community control
sanction, the court may take any action prescribed in division (B)
of section 2929.15 of the Revised Code relative to the offender,
including imposing a prison term on the offender pursuant to that
division.
(2) For a third or fourth degree felony OVI offense for which
sentence is imposed under division (G)(2) of this section, an
additional prison term as described in division (B)(4) of section
2929.14 of the Revised Code or a community control sanction as
described in division (G)(2) of this section.
(B)(1)(a) Except as provided in division (B)(1)(b) of this
section, if an offender is convicted of or pleads guilty to a
felony of the fourth or fifth degree that is not an offense of
violence, the court shall sentence the offender to a community
control sanction of at least one year's duration if all of the
following apply:
(i) The offender previously has not been convicted of or
pleaded guilty to a felony offense or to an a misdemeanor offense
of violence that is a misdemeanor and that the offender committed
within two years prior to the offense for which sentence is being
imposed.
(ii) The most serious charge against the offender at the time
of sentencing is a felony of the fourth or fifth degree.
(iii) If the court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, the department, within the forty-five-day period
specified in that division, provided the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court.
(b) The court has discretion to impose a prison term upon an
offender who is convicted of or pleads guilty to a felony of the
fourth or fifth degree that is not an offense of violence if any
of the following apply:
(i) The offender committed the offense while having a firearm
on or about the offender's person or under the offender's control.
(ii) The offender caused physical harm to another person
while committing the offense.
(iii) The offender violated a term of the conditions of bond
as set by the court.
(iv) The court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, and the department, within the forty-five-day period
specified in that division, did not provide the court with the
name of, contact information for, and program details of any
community control sanction of at least one year's duration that is
available for persons sentenced by the court.
(v) The offense is a sex offense that is a fourth or fifth
degree felony violation of any provision of Chapter 2907. of the
Revised Code.
(vi) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with a
deadly weapon.
(vii) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person, and
the offender previously was convicted of an offense that caused
physical harm to a person.
(viii) The offender held a public office or position of
trust, and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense or
to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or was
likely to influence the future conduct of others.
(ix) The offender committed the offense for hire or as part
of an organized criminal activity.
(c) If a court that is sentencing an offender who is
convicted of or pleads guilty to a felony of the fourth or fifth
degree that is not an offense of violence believes that no
community control sanctions are available for its use that, if
imposed on the offender, will adequately fulfill the overriding
principles and purposes of sentencing, the court shall contact the
department of rehabilitation and correction and ask the department
to provide the court with the names of, contact information for,
and program details of one or more community control sanctions of
at least one year's duration that are available for persons
sentenced by the court. Not later than forty-five days after
receipt of a request from a court under this division, the
department shall provide the court with the names of, contact
information for, and program details of one or more community
control sanctions of at least one year's duration that are
available for persons sentenced by the court, if any. Upon making
a request under this division that relates to a particular
offender, a court shall defer sentencing of that offender until it
receives from the department the names of, contact information
for, and program details of one or more community control
sanctions of at least one year's duration that are available for
persons sentenced by the court or for forty-five days, whichever
is the earlier.
If the department provides the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court within the
forty-five-day period specified in this division, the court shall
impose upon the offender a community control sanction under
division (B)(1)(a) of this section, subject to divisions
(B)(1)(b)(i) and (ii) of this section. If the department does not
provide the court with the names of, contact information for, and
program details of one or more community control sanctions of at
least one year's duration that are available for persons sentenced
by the court within the forty-five-day period specified in this
division, the court may impose upon the offender a prison term
under division (B)(1)(b)(iii)(iv) of this section.
(d) A sentencing court may impose an additional penalty under
division (B) of section 2929.15 of the Revised Code upon an
offender sentenced to a community control sanction under division
(B)(1)(a) of this section if the offender violates the conditions
of the community control sanction, violates a law, or leaves the
state without the permission of the court or the offender's
probation officer.
(2) If division (B)(1) of this section does not apply, except
as provided in division (B)(3), (E), (F), or (G) of this section,
in sentencing an offender for a felony of the fourth or fifth
degree, the sentencing court shall determine whether any of the
following apply:
(a) In committing the offense, the offender caused physical
harm to a person.
(b) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with a
deadly weapon.
(c) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person, and
the offender previously was convicted of an offense that caused
physical harm to a person.
(d) The offender held a public office or position of trust
and the offense related to that office or position; the offender's
position obliged the offender to prevent the offense or to bring
those committing it to justice; or the offender's professional
reputation or position facilitated the offense or was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part of
an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth
degree felony violation of section 2907.03, 2907.04, 2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control sanction, while on probation, or while released
from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of
a firearm.
(3)(a) If the court makes a finding described in division
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this
section and if the court, after considering the factors set forth
in section 2929.12 of the Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the
offender is not amenable to an available community control
sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the court does not make a finding described in
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of
this section and if the court, after considering the factors set
forth in section 2929.12 of the Revised Code, finds that a
community control sanction or combination of community control
sanctions is consistent with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code, the
court shall impose a community control sanction or combination of
community control sanctions upon the offender determining whether
to impose a prison term as a sanction for a felony of the fourth
or fifth degree, the sentencing court shall comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code and with section 2929.12 of the Revised Code.
(C) Except as provided in division (D), (E), (F), or (G) of
this section, in determining whether to impose a prison term as a
sanction for a felony of the third degree or a felony drug offense
that is a violation of a provision of Chapter 2925. of the Revised
Code and that is specified as being subject to this division for
purposes of sentencing, the sentencing court shall comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this
section, for a felony of the first or second degree, for a felony
drug offense that is a violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code for which a presumption
in favor of a prison term is specified as being applicable, and
for a violation of division (A)(4) or (B) of section 2907.05 of
the Revised Code for which a presumption in favor of a prison term
is specified as being applicable, it is presumed that a prison
term is necessary in order to comply with the purposes and
principles of sentencing under section 2929.11 of the Revised
Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court may
impose a community control sanction or a combination of community
control sanctions instead of a prison term on an offender for a
felony of the first or second degree or for a felony drug offense
that is a violation of any provision of Chapter 2925., 3719., or
4729. of the Revised Code for which a presumption in favor of a
prison term is specified as being applicable if it makes both of
the following findings:
(a) A community control sanction or a combination of
community control sanctions would adequately punish the offender
and protect the public from future crime, because the applicable
factors under section 2929.12 of the Revised Code indicating a
lesser likelihood of recidivism outweigh the applicable factors
under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of
community control sanctions would not demean the seriousness of
the offense, because one or more factors under section 2929.12 of
the Revised Code that indicate that the offender's conduct was
less serious than conduct normally constituting the offense are
applicable, and they outweigh the applicable factors under that
section that indicate that the offender's conduct was more serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section,
for any drug offense that is a violation of any provision of
Chapter 2925. of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a presumption
under division (D) of this section in favor of a prison term or of
division (B) or (C) of this section in determining whether to
impose a prison term for the offense shall be determined as
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the
Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony violates the conditions of a community control sanction
imposed for the offense solely by reason of producing positive
results on a drug test, the court, as punishment for the violation
of the sanction, shall not order that the offender be imprisoned
unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to participate in a drug treatment program, in a drug
education program, or in narcotics anonymous or a similar program,
and the offender continued to use illegal drugs after a reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code.
(3) A court that sentences an offender for a drug abuse
offense that is a felony of the third, fourth, or fifth degree may
require that the offender be assessed by a properly credentialed
professional within a specified period of time. The court shall
require the professional to file a written assessment of the
offender with the court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may impose a community control sanction that
includes treatment and recovery support services authorized by
section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as a community control
sanction, the court shall direct the level and type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(F) Notwithstanding divisions (A) to (E) of this section, the
court shall impose a prison term or terms under sections 2929.02
to 2929.06, section 2929.14, section 2929.142, or section 2971.03
of the Revised Code and except as specifically provided in section
2929.20, divisions (C) to (I) of section 2967.19, or section
2967.191 of the Revised Code or when parole is authorized for the
offense under section 2967.13 of the Revised Code shall not reduce
the term or terms pursuant to section 2929.20, section 2967.19,
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had the offender completed the rape that was attempted, the
offender would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than thirteen years of age and if any of the following
applies:
(a) Regarding gross sexual imposition, the offender
previously was convicted of or pleaded guilty to rape, the former
offense of felonious sexual penetration, gross sexual imposition,
or sexual battery, and the victim of the previous offense was less
than thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than the
testimony of the victim was admitted in the case corroborating the
violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06, 2903.08,
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code
if the section requires the imposition of a prison term;
(5) A first, second, or third degree felony drug offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is applicable regarding the
violation, requires the imposition of a mandatory prison term;
(6) Any offense that is a first or second degree felony and
that is not set forth in division (F)(1), (2), (3), or (4) of this
section, if the offender previously was convicted of or pleaded
guilty to aggravated murder, murder, any first or second degree
felony, or an offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either is a
violation of section 2903.04 of the Revised Code or an attempt to
commit a felony of the second degree that is an offense of
violence and involved an attempt to cause serious physical harm to
a person or that resulted in serious physical harm to a person if
the offender previously was convicted of or pleaded guilty to any
of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter,
rape, felonious sexual penetration as it existed under section
2907.12 of the Revised Code prior to September 3, 1996, a felony
of the first or second degree that resulted in the death of a
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense listed in division (F)(7)(a) of this
section that resulted in the death of a person or in physical harm
to a person.
(8) Any offense, other than a violation of section 2923.12 of
the Revised Code, that is a felony, if the offender had a firearm
on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (B)(1)(a) of section 2929.14
of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the offender
wore or carried body armor while committing the felony offense of
violence, with respect to the portion of the sentence imposed
pursuant to division (B)(1)(d) of section 2929.14 of the Revised
Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of the
Revised Code when the most serious offense in the pattern of
corrupt activity that is the basis of the offense is a felony of
the first degree;
(11) Any violent sex offense or designated homicide, assault,
or kidnapping offense if, in relation to that offense, the
offender is adjudicated a sexually violent predator;
(12) A violation of division (A)(1) or (2) of section 2921.36
of the Revised Code, or a violation of division (C) of that
section involving an item listed in division (A)(1) or (2) of that
section, if the offender is an officer or employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the victim of the offense is a peace
officer, as defined in section 2935.01 of the Revised Code, or an
investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
with respect to the portion of the sentence imposed pursuant to
division (B)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the offender has been convicted of or
pleaded guilty to three or more violations of division (A) or (B)
of section 4511.19 of the Revised Code or an equivalent offense,
as defined in section 2941.1415 of the Revised Code, or three or
more violations of any combination of those divisions and
offenses, with respect to the portion of the sentence imposed
pursuant to division (B)(6) of section 2929.14 of the Revised
Code;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt activity,
illegal use of a minor in a nudity-oriented material or
performance in violation of division (A)(1) or (2) of section
2907.323 of the Revised Code, or endangering children in violation
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code, if the offender is convicted of or pleads guilty
to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
that section, and division (D)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (B)(8) of section 2929.14 of the Revised
Code.
(G) Notwithstanding divisions (A) to (E) of this section, if
an offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, the court shall
impose upon the offender a mandatory term of local incarceration
or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree
felony OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court may
impose upon the offender a mandatory term of local incarceration
of sixty days or one hundred twenty days as specified in division
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall
not reduce the term pursuant to section 2929.20, 2967.193, or any
other provision of the Revised Code. The court that imposes a
mandatory term of local incarceration under this division shall
specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory
term of local incarceration imposed under division (G)(1) of this
section is not subject to any other Revised Code provision that
pertains to a prison term except as provided in division (A)(1) of
this section.
(2) If the offender is being sentenced for a third degree
felony OVI offense, or if the offender is being sentenced for a
fourth degree felony OVI offense and the court does not impose a
mandatory term of local incarceration under division (G)(1) of
this section, the court shall impose upon the offender a mandatory
prison term of one, two, three, four, or five years if the
offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory prison
term of sixty days or one hundred twenty days as specified in
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code
if the offender has not been convicted of and has not pleaded
guilty to a specification of that type. Subject to divisions (C)
to (I) of section 2967.19 of the Revised Code, the court shall not
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or
any other provision of the Revised Code. The offender shall serve
the one-, two-, three-, four-, or five-year mandatory prison term
consecutively to and prior to the prison term imposed for the
underlying offense and consecutively to any other mandatory prison
term imposed in relation to the offense. In no case shall an
offender who once has been sentenced to a mandatory term of local
incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OVI offense be sentenced to another mandatory
term of local incarceration under that division for any violation
of division (A) of section 4511.19 of the Revised Code. In
addition to the mandatory prison term described in division (G)(2)
of this section, the court may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve the prison term prior
to serving the community control sanction. The department of
rehabilitation and correction may place an offender sentenced to a
mandatory prison term under this division in an intensive program
prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of
its intent to place the offender in an intensive program prison
established under that section and if the judge did not notify the
department that the judge disapproved the placement. Upon the
establishment of the initial intensive program prison pursuant to
section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into
under section 9.06 of the Revised Code, both of the following
apply:
(a) The department of rehabilitation and correction shall
make a reasonable effort to ensure that a sufficient number of
offenders sentenced to a mandatory prison term under this division
are placed in the privately operated and managed prison so that
the privately operated and managed prison has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall
not place any offender sentenced to a mandatory prison term under
this division in any intensive program prison established pursuant
to section 5120.033 of the Revised Code other than the privately
operated and managed prison.
(H) If an offender is being sentenced for a sexually oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1, 1997, the judge shall require the
offender to submit to a DNA specimen collection procedure pursuant
to section 2901.07 of the Revised Code.
(I) If an offender is being sentenced for a sexually oriented
offense or a child-victim oriented offense committed on or after
January 1, 1997, the judge shall include in the sentence a summary
of the offender's duties imposed under sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code and the duration of the
duties. The judge shall inform the offender, at the time of
sentencing, of those duties and of their duration. If required
under division (A)(2) of section 2950.03 of the Revised Code, the
judge shall perform the duties specified in that section, or, if
required under division (A)(6) of section 2950.03 of the Revised
Code, the judge shall perform the duties specified in that
division.
(J)(1) Except as provided in division (J)(2) of this section,
when considering sentencing factors under this section in relation
to an offender who is convicted of or pleads guilty to an attempt
to commit an offense in violation of section 2923.02 of the
Revised Code, the sentencing court shall consider the factors
applicable to the felony category of the violation of section
2923.02 of the Revised Code instead of the factors applicable to
the felony category of the offense attempted.
(2) When considering sentencing factors under this section in
relation to an offender who is convicted of or pleads guilty to an
attempt to commit a drug abuse offense for which the penalty is
determined by the amount or number of unit doses of the controlled
substance involved in the drug abuse offense, the sentencing court
shall consider the factors applicable to the felony category that
the drug abuse offense attempted would be if that drug abuse
offense had been committed and had involved an amount or number of
unit doses of the controlled substance that is within the next
lower range of controlled substance amounts than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a tier III sex
offender/child-victim offender relative to that offense and the
offender does not serve a prison term or jail term, the court may
require that the offender be monitored by means of a global
positioning device. If the court requires such monitoring, the
cost of monitoring shall be borne by the offender. If the offender
is indigent, the cost of compliance shall be paid by the crime
victims reparations fund.
Sec. 2929.20. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "eligible offender" means any person who, on or after
April 7, 2009, is serving a stated prison term that includes one
or more nonmandatory prison terms.
(b) "Eligible offender" does not include any person who, on
or after April 7, 2009, is serving a stated prison term for any of
the following criminal offenses that was a felony and was
committed while the person held a public office in this state:
(i) A violation of section 2921.02, 2921.03, 2921.05,
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised
Code;
(ii) A violation of section 2913.42, 2921.04, 2921.11, or
2921.12 of the Revised Code, when the conduct constituting the
violation was related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office;
(iii) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States
that is substantially equivalent to any violation listed in
division (A)(1)(b)(i) of this section;
(iv) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(A)(1)(b)(ii) of this section, when the conduct constituting the
violation was related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office;
(v) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (A)(1)(b)(i) or
described in division (A)(1)(b)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (A)(1)(b)(ii) or
described in division (A)(1)(b)(iv) of this section, if the
conduct constituting the offense that was the subject of the
conspiracy, that would have constituted the offense attempted, or
constituting the offense in which the offender was complicit was
or would have been related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office.
(2) "Nonmandatory prison term" means a prison term that is
not a mandatory prison term.
(3) "Public office" means any elected federal, state, or
local government office in this state.
(4) "Victim's representative" has the same meaning as in
section 2930.01 of the Revised Code.
(B) On the motion of an eligible offender or upon its own
motion, the sentencing court may reduce the eligible offender's
aggregated nonmandatory prison term or terms through a judicial
release under this section.
(C) An eligible offender may file a motion for judicial
release with the sentencing court within the following applicable
periods:
(1) If the aggregated nonmandatory prison term or terms is
less than two years, the eligible offender may file the motion not
earlier than thirty days after the offender is delivered to a
state correctional institution or, if the prison term includes a
mandatory prison term or terms, not earlier than thirty days after
the expiration of all mandatory prison terms.
(2) If the aggregated nonmandatory prison term or terms is at
least two years but less than five years, the eligible offender
may file the motion not earlier than one hundred eighty days after
the offender is delivered to a state correctional institution or,
if the prison term includes a mandatory prison term or terms, not
earlier than one hundred eighty days after the expiration of all
mandatory prison terms.
(3) If the aggregated nonmandatory prison term or terms is
five years, the eligible offender may file the motion not earlier
than four years after the eligible offender is delivered to a
state correctional institution or, if the prison term includes a
mandatory prison term or terms, not earlier than four years after
the expiration of all mandatory prison terms.
(4) If the aggregated nonmandatory prison term or terms is
more than five years but not more than ten years, the eligible
offender may file the motion not earlier than five years after the
eligible offender is delivered to a state correctional institution
or, if the prison term includes a mandatory prison term or terms,
not earlier than five years after the expiration of all mandatory
prison terms.
(5) If the aggregated nonmandatory prison term or terms is
more than ten years, the eligible offender may file the motion not
earlier than the later of the date on which the offender has
served one-half of the offender's stated prison term or the date
specified in division (C)(4) of this section.
(D) Upon receipt of a timely motion for judicial release
filed by an eligible offender under division (C) of this section
or upon the sentencing court's own motion made within the
appropriate time specified in that division, the court may deny
the motion without a hearing or schedule a hearing on the motion.
The court shall not grant the motion without a hearing. If a court
denies a motion without a hearing, the court later may consider
judicial release for that eligible offender on a subsequent motion
filed by that eligible offender unless the court denies the motion
with prejudice. If a court denies a motion with prejudice, the
court may later consider judicial release on its own motion. 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 or more than sixty days after the
motion is filed, provided that the court may delay the hearing for
one hundred eighty additional days. If the court holds a hearing,
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.
(E) If a court schedules a hearing under division (D) of this
section, the court shall notify the eligible offender and the head
of the state correctional institution in which the eligible
offender is confined 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 do whichever of the following is
applicable:
(1) Subject to division (E)(2) of this section, notify the
victim of the offense or the victim's representative pursuant to
division (B) of section 2930.16 of the Revised Code;
(2) If the offense was an offense of violence that is a
felony of the first, second, or third degree, except as otherwise
provided in this division, notify the victim or the victim's
representative of the hearing regardless of whether the victim or
victim's representative has requested the notification. The notice
of the hearing shall not be given under this division to a victim
or victim's representative if the victim or victim's
representative has requested pursuant to division (B)(2) of
section 2930.03 of the Revised Code that the victim or the
victim's representative not be provided the notice. If notice is
to be provided to a victim or victim's representative under this
division, the prosecuting attorney may give the notice by any
reasonable means, including regular mail, telephone, and
electronic mail, in accordance with division (D)(1) of section
2930.16 of the Revised Code. If the notice is based on an offense
committed prior to the effective date of this amendment, the
notice also shall include the opt-out information described in
division (D)(1) of section 2930.16 of the Revised Code. The
prosecuting attorney, in accordance with division (D)(2) of
section 2930.16 of the Revised Code, shall keep a record of all
attempts to provide the notice, and of all notices provided, under
this division. Division (E)(2) of this section, and the
notice-related provisions of division (K) of this section,
division (D)(1) of section 2930.16, division (H) of section
2967.12, division (E)(1)(b) of section 2967.19, 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 (E)(2) of this section was enacted,
shall be known as "Roberta's Law."
(F) Upon an offender's successful completion of
rehabilitative activities, the head of the state correctional
institution may notify the sentencing court of the successful
completion of the activities.
(G) 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 is confined shall send
to the court a an institutional summary report on the eligible
offender's conduct in the institution and in any institution from
which the eligible offender may have been transferred. Upon the
request of the prosecuting attorney of the county in which the
eligible offender was indicted or of any law enforcement agency,
the head of the state correctional institution, at the same time
the person sends the institutional summary report to the court,
also shall send a copy of the report to the requesting prosecuting
attorney and law enforcement agencies. The institutional summary
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.
(H) 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 and from the hearing.
(I) 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
and, if 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 (G) of
this section. The court may consider any written statement of any
person submitted to the court pursuant to division (L) 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.
(J)(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 under 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 (J)(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.
(K) 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 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 if the offender violates the sanction. If the court
reimposes the reduced sentence, 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 community control shall be no longer than
five years. The court, in its discretion, may reduce the period of
community control by the amount of time the eligible offender
spent in jail or prison for the offense and in prison. If the
court made any findings pursuant to division (J)(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.
If the court grants a motion for judicial release, the court
shall notify the appropriate person at the department of
rehabilitation and correction, and the department shall post
notice of the release on the database it maintains pursuant to
section 5120.66 of the Revised Code.
The court also shall notify
the prosecuting attorney of the county in which the eligible
offender was indicted that the motion has been granted. Unless the
victim or the victim's representative has requested pursuant to
division (B)(2) of section 2930.03 of the Revised Code that the
victim or victim's representative not be provided the notice, the
prosecuting attorney shall notify the victim or the victim's
representative of the judicial release in any manner, and in
accordance with the same procedures, pursuant to which the
prosecuting attorney is authorized to provide notice of the
hearing pursuant to division (E)(2) of this section. If the notice
is based on an offense committed prior to the effective date of
this amendment, the notice to the victim or victim's
representative also shall include the opt-out information
described in division (D)(1) of section 2930.16 of the Revised
Code.
(L) 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 (I)
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.
(M) The changes to this section that are made on the
effective date of this division September 30, 2011, apply to any
judicial release decision made on or after the effective date of
this division September 30, 2011, for any eligible offender.
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)(1) 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.
(2) A victim who does not wish to receive any of the notices
required to be given to a victim under division (E)(2) or (K) of
section 2929.20, division (D) of section 2930.16, division (H) of
section 2967.12, division (E)(1)(b) of section 2967.19, division
(A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28,
or division (A)(2) of section 5149.101 of the Revised Code shall
make a request to the prosecutor or custodial agency that is to
provide the particular notice that the notice not be provided to
the victim. Unless the victim makes a request as described in this
division, the prosecutor or custodial agency shall provide the
notices required to be given to a victim under division (E)(2) or
(K) of section 2929.20, division (D) of section 2930.16, division
(H) of section 2967.12, division (E)(1)(b) of section 2967.19,
division (A)(3)(b) of section 2967.26, division (D)(1) of section
2967.28, or division (A)(2) of section 5149.101 of the Revised
Code in any manner, and in accordance with the procedures,
specified in the particular division. This division also applies
to a victim's representative or a member of a victim's immediate
family that is authorized to receive any of the notices specified
in this division.
(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
(E)(2) or (K) of section 2929.20, division (D) of section 2930.16,
division (H) of section 2967.12, division (E)(1)(b) of section
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of
section 2967.28, or division (A)(2) of section 5149.101 of the
Revised Code will be given unless the victim asks that the
notification not be provided.
(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, of any hearing
for release of the defendant pursuant to section 2967.19 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 filing of a petition by the director of
rehabilitation and correction pursuant to section 2967.19 of the
Revised Code requesting the early release under that section of
the defendant;
(7) 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
aggravated murder, murder, or an offense of violence that is a
felony of the first, second, or third degree or is under a
sentence of life imprisonment or if an alleged juvenile offender
has been charged with the commission of an act that would be
aggravated murder, murder, or an offense of violence that is a
felony of the first, second, or third degree or be subject to a
sentence of life imprisonment if committed by an adult, except as
otherwise provided in this division, the notices described in
divisions (B) and (C) of this section shall be given regardless of
whether the victim has requested the notification. The notices
described in divisions (B) and (C) of this section shall not be
given under this division to a victim if the victim has requested
pursuant to division (B)(2) of section 2930.03 of the Revised Code
that the victim not be provided the notice. Regardless of whether
the victim has requested that the notices described in division
(C) of this section be provided or not be provided, the custodial
agency shall give notice similar to those notices to the
prosecutor in the case, to the sentencing court, to the law
enforcement agency that arrested the defendant or alleged juvenile
offender if any officer of that agency was a victim of the
offense, and to any member of the victim's immediate family who
requests notification. If the notice given under this division to
the victim is based on an offense committed prior to the effective
date of this amendment and if the prosecutor or custodial agency
has not previously successfully provided any notice to the victim
under this division or division (B) or (C) of this section with
respect to that offense and the offender who committed it, the
notice also shall inform the victim that the victim may request
that the victim not be provided any further notices with respect
to that offense and the offender who committed it and shall
describe the procedure for making that request. If the notice
given under this division to the victim pertains to a hearing
regarding a grant of a parole to the defendant, the notice also
shall inform the victim that the victim, a member of the victim's
immediate family, or the victim's representative may request a
victim conference, as described in division (E) of this section,
and shall provide an explanation of a victim conference.
The prosecutor or custodial agency may give the notices to
which this division applies by any reasonable means, including
regular mail, telephone, and electronic mail. If the prosecutor or
custodial agency attempts to provide notice to a victim under this
division but the attempt is unsuccessful because the prosecutor or
custodial agency is unable to locate the victim, is unable to
provide the notice by its chosen method because it cannot
determine the mailing address, telephone number, or electronic
mail address at which to provide the notice, or, if the notice is
sent by mail, the notice is returned, the prosecutor or custodial
agency shall make another attempt to provide the notice to the
victim. If the second attempt is unsuccessful, the prosecutor or
custodial agency shall make at least one more attempt to provide
the notice. If the notice is based on an offense committed prior
to the effective date of this amendment, in each attempt to
provide the notice to the victim, the notice shall include the
opt-out information described in the preceding paragraph. The
prosecutor or custodial agency, in accordance with division (D)(2)
of this section, shall keep a record of all attempts to provide
the notice, and of all notices provided, under this division.
Division (D)(1) of this section, and the notice-related
provisions of divisions (E)(2) and (K) of section 2929.20,
division (H) of section 2967.12, division (E)(1)(b) of section
2967.19, 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) Each prosecutor and custodial agency that attempts to
give any notice to which division (D)(1) of this section applies
shall keep a record of all attempts to give the notice. The record
shall indicate the person who was to be the recipient of the
notice, the date on which the attempt was made, the manner in
which the attempt was made, and the person who made the attempt.
If the attempt is successful and the notice is given, the record
shall indicate that fact. The record shall be kept in a manner
that allows public inspection of attempts and notices given to
persons other than victims without revealing the names, addresses,
or other identifying information relating to victims. The record
of attempts and notices given to victims is not a public record,
but the prosecutor or custodial agency shall provide upon request
a copy of that record to a prosecuting attorney, judge, law
enforcement agency, or member of the general assembly. The record
of attempts and notices given to persons other than victims is a
public record. A record kept under this division may be indexed by
offender name, or in any other manner determined by the prosecutor
or the custodial agency. Each prosecutor or custodial agency that
is required to keep a record under this division shall determine
the procedures for keeping the record and the manner in which it
is to be kept, subject to the requirements of this division.
(E) The adult parole authority shall adopt rules under
Chapter 119. of the Revised Code providing for a victim
conference, upon request of the victim, a member of the victim's
immediate family, or the victim's representative, prior to a
parole hearing in the case of a prisoner who is incarcerated for
the commission of aggravated murder, murder, or an offense of
violence that is a felony of the first, second, or third degree or
is under a sentence of life imprisonment. The rules shall provide
for, but not be limited to, all of the following:
(1) Subject to division (E)(3) of this section, attendance by
the victim, members of the victim's immediate family, the victim's
representative, and, if practicable, other individuals;
(2) Allotment of up to one hour for the conference;
(3) A specification of the number of persons specified in
division (E)(1) of this section who may be present at any single
victim conference, if limited by the department pursuant to
division (F) of this section.
(F) The department may limit the number of persons specified
in division (E)(1) of this section who may be present at any
single victim conference, provided that the department shall not
limit the number of persons who may be present at any single
conference to fewer than three. If the department limits the
number of persons who may be present at any single victim
conference, the department shall permit and schedule, upon request
of the victim, a member of the victim's immediate family, or the
victim's representative, multiple victim conferences for the
persons specified in division (E)(1) of this section.
(G) As used in this section, "victim's immediate family" has
the same meaning as in section 2967.12 of the Revised Code.
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, 2907.22, 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 section 2905.32 of the Revised Code when
the offender knowingly recruited, lured, enticed, isolated,
harbored, transported, provided, obtained, or maintained, or
knowingly attempted to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, another person knowing
that the person would be compelled to engage in sexual activity
for hire, engage in a performance that was obscene, sexually
oriented, or nudity oriented, or be a model or participant in the
production of material that was obscene, sexually oriented, or
nudity oriented;
(12) 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), (10), or (11) of
this section;
(13) 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), (11), or (12) 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,
2907.22, 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 section 2905.32 of the Revised Code when
the offender knowingly recruited, lured, enticed, isolated,
harbored, transported, provided, obtained, or maintained, or
knowingly attempted to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, another person knowing
that the person would be compelled to engage in sexual activity
for hire, engage in a performance that was obscene, sexually
oriented, or nudity oriented, or be a model or participant in the
production of material that was obscene, sexually oriented, or
nudity oriented;
(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
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), (g), or (h) of this section;
(j) 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. 2951.041. (A)(1) If an offender is charged with a
criminal offense, including but not limited to a violation of
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of
the Revised Code, and the court has reason to believe that drug or
alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged or that, at the time of
committing that offense, the offender had a mental illness or was
a person with intellectual disability and that the mental illness
or status as a person with intellectual disability was a factor
leading to the offender's criminal behavior, the court may accept,
prior to the entry of a guilty plea, the offender's request for
intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the
offender had a mental illness or was a person with intellectual
disability and that the mental illness or status as a person with
intellectual disability was a factor leading to the criminal
offense with which the offender is charged. The request also shall
include a waiver of the defendant's right to a speedy trial, the
preliminary hearing, the time period within which the grand jury
may consider an indictment against the offender, and arraignment,
unless the hearing, indictment, or arraignment has already
occurred. The court may reject an offender's request without a
hearing. If the court elects to consider an offender's request,
the court shall conduct a hearing to determine whether the
offender is eligible under this section for intervention in lieu
of conviction and shall stay all criminal proceedings pending the
outcome of the hearing. If the court schedules a hearing, the
court shall order an assessment of the offender for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court may order that the offender be
assessed by a program certified pursuant to section 3793.06 of the
Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan. The program or the properly credentialed professional shall
provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of
section 2930.08 of the Revised Code apply in relation to any
hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of
conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony offense of violence or previously has
been convicted of or pleaded guilty to any felony that is not an
offense of violence and the prosecuting attorney recommends that
the offender be found eligible for participation in intervention
in lieu of treatment under this section, previously has not been
through intervention in lieu of conviction under this section or
any similar regimen, and is charged with a felony for which the
court, upon conviction, would impose sentence a community control
sanction on the offender under division (B)(3)(b)(2) of section
2929.13 of the Revised Code or with a misdemeanor.
(2) The offense is not a felony of the first, second, or
third degree, is not an offense of violence, is not a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code, is
not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section
4511.19 of the Revised Code or a municipal ordinance that is
substantially similar to that division, and is not an offense for
which a sentencing court is required to impose a mandatory prison
term, a mandatory term of local incarceration, or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of section
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged
with a violation of section 2925.03 of the Revised Code that is a
felony of the first, second, third, or fourth degree, and is not
charged with a violation of section 2925.11 of the Revised Code
that is a felony of the first, second, or third degree.
(4) If an offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court has ordered that the offender
be assessed by a program certified pursuant to section 3793.06 of
the Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan, the offender has been assessed by a program of that nature
or a properly credentialed professional in accordance with the
court's order, and the program or properly credentialed
professional has filed the written assessment of the offender with
the court.
(5) If an offender alleges that, at the time of committing
the criminal offense with which the offender is charged, the
offender had a mental illness or was a person with intellectual
disability and that the mental illness or status as a person with
intellectual disability was a factor leading to that offense, the
offender has been assessed by a psychiatrist, psychologist,
independent social worker, or professional clinical counselor for
the purpose of determining the offender's eligibility for
intervention in lieu of conviction and recommending an appropriate
intervention plan.
(6) The offender's drug usage, alcohol usage, mental illness,
or intellectual disability, whichever is applicable, was a factor
leading to the criminal offense with which the offender is
charged, intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age or older, permanently and totally disabled, under
thirteen years of age, or a peace officer engaged in the officer's
official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the Revised Code, the alleged violation did not result
in physical harm to any person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section.
(10) The offender is not charged with an offense that would
result in the offender being disqualified under Chapter 4506. of
the Revised Code from operating a commercial motor vehicle or
would subject the offender to any other sanction under that
chapter.
(C) At the conclusion of a hearing held pursuant to division
(A) of this section, the court shall enter its determination as to
whether the offender is eligible for intervention in lieu of
conviction and as to whether to grant the offender's request. If
the court finds under division (B) of this section that the
offender is eligible for intervention in lieu of conviction and
grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within
which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. In addition, the court then may
stay all criminal proceedings and order the offender to comply
with all terms and conditions imposed by the court pursuant to
division (D) of this section. If the court finds that the offender
is not eligible or does not grant the offender's request, the
criminal proceedings against the offender shall proceed as if the
offender's request for intervention in lieu of conviction had not
been made.
(D) If the court grants an offender's request for
intervention in lieu of conviction, the court shall place the
offender under the general control and supervision of the county
probation department, the adult parole authority, or another
appropriate local probation or court services agency, if one
exists, as if the offender was subject to a community control
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the
Revised Code. The court shall establish an intervention plan for
the offender. The terms and conditions of the intervention plan
shall require the offender, for at least one year from the date on
which the court grants the order of intervention in lieu of
conviction, to abstain from the use of illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit to regular random testing for drug and alcohol use and may
include any other treatment terms and conditions, or terms and
conditions similar to community control sanctions, which may
include community service or restitution, that are ordered by the
court.
(E) If the court grants an offender's request for
intervention in lieu of conviction and the court finds that the
offender has successfully completed the intervention plan for the
offender, including the requirement that the offender abstain from
using illegal drugs and alcohol for a period of at least one year
from the date on which the court granted the order of intervention
in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all
other terms and conditions ordered by the court, the court shall
dismiss the proceedings against the offender. Successful
completion of the intervention plan and period of abstinence under
this section shall be without adjudication of guilt and is not a
criminal conviction for purposes of any disqualification or
disability imposed by law and upon conviction of a crime, and the
court may order the sealing of records related to the offense in
question in the manner provided in sections 2953.31 to 2953.36 of
the Revised Code.
(F) If the court grants an offender's request for
intervention in lieu of conviction and the offender fails to
comply with any term or condition imposed as part of the
intervention plan for the offender, the supervising authority for
the offender promptly shall advise the court of this failure, and
the court shall hold a hearing to determine whether the offender
failed to comply with any term or condition imposed as part of the
plan. If the court determines that the offender has failed to
comply with any of those terms and conditions, it shall enter a
finding of guilty and shall impose an appropriate sanction under
Chapter 2929. of the Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.
(5) "Person with intellectual disability" means a person
having significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.
(6) "Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
(H) Whenever the term "mentally retarded person" is used in
any statute, rule, contract, grant, or other document, the
reference shall be deemed to include a "person with intellectual
disability," as defined in this section.
Sec. 2953.08. (A) In addition to any other right to appeal
and except as provided in division (D) of this section, a
defendant who is convicted of or pleads guilty to a felony may
appeal as a matter of right the sentence imposed upon the
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum prison
term allowed for the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code, the maximum prison term was
not required for the offense pursuant to Chapter 2925. or any
other provision of the Revised Code, and the court imposed the
sentence under one of the following circumstances:
(a) The sentence was imposed for only one offense.
(b) The sentence was imposed for two or more offenses arising
out of a single incident, and the court imposed the maximum prison
term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, and
the offense for which it was imposed is a felony of the fourth or
fifth degree or is a felony drug offense that is a violation of a
provision of Chapter 2925. of the Revised Code and that is
specified as being subject to division (B) of section 2929.13 of
the Revised Code for purposes of sentencing, and the court did not
specify at sentencing that it found one or more factors specified
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised
Code to apply relative to the defendant. If the court specifies
that it found one or more of those the factors in division
(B)(1)(b) of section 2929.13 of the Revised Code to apply relative
to the defendant, the defendant is not entitled under this
division to appeal as a matter of right the sentence imposed upon
the offender.
(3) The person was convicted of or pleaded guilty to a
violent sex offense or a designated homicide, assault, or
kidnapping offense, was adjudicated a sexually violent predator in
relation to that offense, and was sentenced pursuant to division
(A)(3) of section 2971.03 of the Revised Code, if the minimum term
of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available
for the offense from among the range of terms listed in section
2929.14 of the Revised Code. As used in this division, "designated
homicide, assault, or kidnapping offense" and "violent sex
offense" have the same meanings as in section 2971.01 of the
Revised Code. As used in this division, "adjudicated a sexually
violent predator" has the same meaning as in section 2929.01 of
the Revised Code, and a person is "adjudicated a sexually violent
predator" in the same manner and the same circumstances as are
described in that section.
(4) The sentence is contrary to law.
(5) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (B)(2)(a) of section
2929.14 of the Revised Code.
(B) In addition to any other right to appeal and except as
provided in division (D) of this section, a prosecuting attorney,
a city director of law, village solicitor, or similar chief legal
officer of a municipal corporation, or the attorney general, if
one of those persons prosecuted the case, may appeal as a matter
of right a sentence imposed upon a defendant who is convicted of
or pleads guilty to a felony or, in the circumstances described in
division (B)(3) of this section the modification of a sentence
imposed upon such a defendant, on any of the following grounds:
(1) The sentence did not include a prison term despite a
presumption favoring a prison term for the offense for which it
was imposed, as set forth in section 2929.13 or Chapter 2925. of
the Revised Code.
(2) The sentence is contrary to law.
(3) The sentence is a modification under section 2929.20 of
the Revised Code of a sentence that was imposed for a felony of
the first or second degree.
(C)(1) In addition to the right to appeal a sentence granted
under division (A) or (B) of this section, a defendant who is
convicted of or pleads guilty to a felony may seek leave to appeal
a sentence imposed upon the defendant on the basis that the
sentencing judge has imposed consecutive sentences under division
(C)(3) of section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense of which
the defendant was convicted. Upon the filing of a motion under
this division, the court of appeals may grant leave to appeal the
sentence if the court determines that the allegation included as
the basis of the motion is true.
(2) A defendant may seek leave to appeal an additional
sentence imposed upon the defendant pursuant to division (B)(2)(a)
or (b) of section 2929.14 of the Revised Code if the additional
sentence is for a definite prison term that is longer than five
years.
(D)(1) A sentence imposed upon a defendant is not subject to
review under this section if the sentence is authorized by law,
has been recommended jointly by the defendant and the prosecution
in the case, and is imposed by a sentencing judge.
(2) Except as provided in division (C)(2) of this section, a
sentence imposed upon a defendant is not subject to review under
this section if the sentence is imposed pursuant to division
(B)(2)(b) of section 2929.14 of the Revised Code. Except as
otherwise provided in this division, a defendant retains all
rights to appeal as provided under this chapter or any other
provision of the Revised Code. A defendant has the right to appeal
under this chapter or any other provision of the Revised Code the
court's application of division (B)(2)(c) of section 2929.14 of
the Revised Code.
(3) A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not
subject to review under this section.
(E) A defendant, prosecuting attorney, city director of law,
village solicitor, or chief municipal legal officer shall file an
appeal of a sentence under this section to a court of appeals
within the time limits specified in Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant to
division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion
that makes the sentence modification in question. A sentence
appeal under this section shall be consolidated with any other
appeal in the case. If no other appeal is filed, the court of
appeals may review only the portions of the trial record that
pertain to sentencing.
(F) On the appeal of a sentence under this section, the
record to be reviewed shall include all of the following, as
applicable:
(1) Any presentence, psychiatric, or other investigative
report that was submitted to the court in writing before the
sentence was imposed. An appellate court that reviews a
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in
connection with the appeal of a sentence under this section shall
comply with division (D)(3) of section 2951.03 of the Revised Code
when the appellate court is not using the presentence
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with
the appeal of a sentence under this section does not affect the
otherwise confidential character of the contents of that report as
described in division (D)(1) of section 2951.03 of the Revised
Code and does not cause that report to become a public record, as
defined in section 149.43 of the Revised Code, following the
appellate court's use of the report.
(2) The trial record in the case in which the sentence was
imposed;
(3) Any oral or written statements made to or by the court at
the sentencing hearing at which the sentence was imposed;
(4) Any written findings that the court was required to make
in connection with the modification of the sentence pursuant to a
judicial release under division (I) of section 2929.20 of the
Revised Code.
(G)(1) If the sentencing court was required to make the
findings required by division (B) or (D) of section 2929.13 or
division (I) of section 2929.20 of the Revised Code, or to state
the findings of the trier of fact required by division (B)(2)(e)
of section 2929.14 of the Revised Code, relative to the imposition
or modification of the sentence, and if the sentencing court
failed to state the required findings on the record, the court
hearing an appeal under division (A), (B), or (C) of this section
shall remand the case to the sentencing court and instruct the
sentencing court to state, on the record, the required findings.
(2) The court hearing an appeal under division (A), (B), or
(C) of this section shall review the record, including the
findings underlying the sentence or modification given by the
sentencing court.
The appellate court may increase, reduce, or otherwise modify
a sentence that is appealed under this section or may vacate the
sentence and remand the matter to the sentencing court for
resentencing. The appellate court's standard for review is not
whether the sentencing court abused its discretion. The appellate
court may take any action authorized by this division if it
clearly and convincingly finds either of the following:
(a) That the record does not support the sentencing court's
findings under division (B) or (D) of section 2929.13, division
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section
2929.20 of the Revised Code, whichever, if any, is relevant;
(b) That the sentence is otherwise contrary to law.
(H) A judgment or final order of a court of appeals under
this section may be appealed, by leave of court, to the supreme
court.
(I)(1) There is hereby established the felony sentence appeal
cost oversight committee, consisting of eight members. One member
shall be the chief justice of the supreme court or a
representative of the court designated by the chief justice, one
member shall be a member of the senate appointed by the president
of the senate, one member shall be a member of the house of
representatives appointed by the speaker of the house of
representatives, one member shall be the director of budget and
management or a representative of the office of budget and
management designated by the director, one member shall be a judge
of a court of appeals, court of common pleas, municipal court, or
county court appointed by the chief justice of the supreme court,
one member shall be the state public defender or a representative
of the office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one
member shall be a county commissioner appointed by the county
commissioners association of Ohio. No more than three of the
appointed members of the committee may be members of the same
political party.
The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the Ohio
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial appointments to the
committee of the appointed members no later than ninety days after
July 1, 1996. Of those initial appointments to the committee, the
members appointed by the speaker of the house of representatives
and the Ohio prosecuting attorneys association shall serve a term
ending two years after July 1, 1996, the member appointed by the
chief justice of the supreme court shall serve a term ending three
years after July 1, 1996, and the members appointed by the
president of the senate and the county commissioners association
of Ohio shall serve terms ending four years after July 1, 1996.
Thereafter, terms of office of the appointed members shall be for
four years, with each term ending on the same day of the same
month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same manner provided
for original appointments. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall hold office as a member
for the remainder of the predecessor's term. An appointed member
shall continue in office subsequent to the expiration date of that
member's term until that member's successor takes office or until
a period of sixty days has elapsed, whichever occurs first.
If the chief justice of the supreme court, the director of
the office of budget and management, or the state public defender
serves as a member of the committee, that person's term of office
as a member shall continue for as long as that person holds office
as chief justice, director of the office of budget and management,
or state public defender. If the chief justice of the supreme
court designates a representative of the court to serve as a
member, the director of budget and management designates a
representative of the office of budget and management to serve as
a member, or the state public defender designates a representative
of the office of the state public defender to serve as a member,
the person so designated shall serve as a member of the commission
for as long as the official who made the designation holds office
as chief justice, director of the office of budget and management,
or state public defender or until that official revokes the
designation.
The chief justice of the supreme court or the representative
of the supreme court appointed by the chief justice shall serve as
chairperson of the committee. The committee shall meet within two
weeks after all appointed members have been appointed and shall
organize as necessary. Thereafter, the committee shall meet at
least once every six months or more often upon the call of the
chairperson or the written request of three or more members,
provided that the committee shall not meet unless moneys have been
appropriated to the judiciary budget administered by the supreme
court specifically for the purpose of providing financial
assistance to counties under division (I)(2) of this section and
the moneys so appropriated then are available for that purpose.
The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing financial assistance to counties
under division (I)(2) of this section, each member shall be
reimbursed out of the moneys so appropriated that then are
available for actual and necessary expenses incurred in the
performance of official duties as a committee member.
(2) The state criminal sentencing commission periodically
shall provide to the felony sentence appeal cost oversight
committee all data the commission collects pursuant to division
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the felony
sentence appeal cost oversight committee periodically shall review
the data; determine whether any money has been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in
expenses the counties experience as a result of the felony
sentence appeal provisions set forth in this section or as a
result of a postconviction relief proceeding brought under
division (A)(2) of section 2953.21 of the Revised Code or an
appeal of a judgment in that proceeding; if it determines that any
money has been so appropriated, determine the total amount of
moneys that have been so appropriated specifically for that
purpose and that then are available for that purpose; and develop
a recommended method of distributing those moneys to the counties.
The committee shall send a copy of its recommendation to the
supreme court. Upon receipt of the committee's recommendation, the
supreme court shall distribute to the counties, based upon that
recommendation, the moneys that have been so appropriated
specifically for the purpose of providing state financial
assistance to counties under this division and that then are
available for that purpose.
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, medical release, 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, medical
release, 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, commutation of sentence, or medical release
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 (G)(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, commutation,
or medical release, or granting a parole, together with a
recommendation for or against a pardon, commutation, medical
release, 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 provide 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 provide the notice
to the presiding judge. Upon the request of the prosecuting
attorney or of any law enforcement agency, the authority shall
provide to the requesting prosecuting attorney and law enforcement
agencies an institutional summary report that covers the subject
person's participation while confined in a state correctional
institution in training, work, and other rehabilitative activities
and any disciplinary action taken against the person while so
confined. The department of rehabilitation and correction may
utilize electronic means to provide this notice. 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 office of victim services or the adult parole
authority also shall provide notice to the victim or the victim's
representative at least three weeks sixty days prior to
recommending any pardon or commutation of sentence for, or
granting any parole to, the person. The notice shall include the
information required by division (A) of this section and may be
provided by telephone or through electronic means. 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 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, or an offense punished by a sentence of life
imprisonment, 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 provided to a judge or prosecutor or
posted on the database as required 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 three weeks sixty days before the further consideration. The
notice of the further consideration shall be provided to the
proper judge and prosecuting attorney at least three weeks sixty
days before the further consideration, and may be provided using
electronic means, 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
three weeks sixty days before the further consideration. If
the prosecuting attorney or a law enforcement agency was provided
a copy of the institutional summary report relative to the subject
person under division (A) of this section, the authority shall
include with the notice of the further consideration sent to the
prosecuting attorney any new information with respect to the
person that relates to activities and actions of the person that
are of a type covered by the report and shall send to the law
enforcement agency a report that provides notice of the further
consideration and includes any such new information with respect
to the person. 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
aggravated murder, murder, or an offense of violence that is a
felony of the first, second, or third degree or is under a
sentence of life imprisonment, except as otherwise provided in
this division, the notice described in division (B) of this
section shall be given to the victim or victim's representative
regardless of whether the victim or victim's representative has
made a request for notification. The notice described in division
(B) of this section shall not be given under this division to a
victim or victim's representative if the victim or victim's
representative has requested pursuant to division (B)(2) of
section 2930.03 of the Revised Code that the victim or the
victim's representative not be provided the notice. The notice
described in division (B) of this section does not have to be
given under this division to a victim or victim's representative
if notice was given to the victim or victim's representative with
respect to at least two prior considerations of pardon,
commutation, or parole of a person and the victim or victim's
representative did not provide any written statement relative to
the victimization and the pending action, did not attend any
hearing conducted relative to the pending action, and did not
otherwise respond to the office with respect to the pending
action. Regardless of whether the victim or victim's
representative has requested that the notice described in division
(B) of this section be provided or not be provided, the office of
victim services or adult parole authority shall give similar
notice to the law enforcement agency that arrested the defendant
if any officer of that agency was a victim of the offense and to
any member of the victim's immediate family who requests
notification. If notice is to be given under this division, the
office or authority may give the notice by any reasonable means,
including regular mail, telephone, and electronic mail, in
accordance with division (D)(1) of section 2930.16 of the Revised
Code. If the notice is based on an offense committed prior to the
effective date of this amendment, the notice to the victim or
victim's representative also shall include the opt-out information
described in division (D)(1) of section 2930.16 of the Revised
Code. The office or authority, in accordance with division (D)(2)
of section 2930.16 of the Revised Code, shall keep a record of all
attempts to provide the notice, and of all notices provided, under
this division.
Division (H) of this section, and the notice-related
provisions of divisions (E)(2) and (K) of section 2929.20,
division (D)(1) of section 2930.16, division (E)(1)(b) of section
2967.19, 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.
(J) As used in this section, "victim's immediate family"
means the mother, father, spouse, sibling, or child of the victim,
provided that in no case does "victim's immediate family" include
the offender with respect to whom the notice in question applies.
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 aggravated murder, murder, or 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 provide 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 convicts who are
serving a sentence for aggravated murder, murder, or a felony of
the first, second, or third degree or 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 aggravated murder, murder, or
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)(1) 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.
(2) Divisions (A) and, (B), and (C) of this section do not
apply to the release from confinement of an offender if, upon
admission to the state correctional institution, the offender has
less than fourteen days to serve on the sentence.
Sec. 2967.19. (A) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.
(2) "Disqualifying prison term" means any of the following:
(a) A prison term imposed for aggravated murder, murder,
voluntary manslaughter, involuntary manslaughter, felonious
assault, kidnapping, rape, aggravated arson, aggravated burglary,
or aggravated robbery;
(b) A prison term imposed for complicity in, an attempt to
commit, or conspiracy to commit any offense listed in division
(A)(2)(a) of this section;
(c) A prison term of life imprisonment, including any term of
life imprisonment that has parole eligibility;
(d) A prison term imposed for any felony other than carrying
a concealed weapon an essential element of which is any conduct or
failure to act expressly involving any deadly weapon or dangerous
ordnance;
(e) A prison term imposed for any violation of section
2925.03 of the Revised Code that is a felony of the first or
second degree;
(f) A prison term imposed for engaging in a pattern of
corrupt activity in violation of section 2923.32 of the Revised
Code;
(g) A prison term imposed pursuant to section 2971.03 of the
Revised Code;
(h) A prison term imposed for any sexually oriented offense.
(3) "Eligible prison term" means any prison term that is not
a disqualifying prison term and is not a restricting prison term.
(4) "Restricting prison term" means any of the following:
(a) A mandatory prison term imposed under division (B)(1)(a),
(B)(1)(c), (B)(1)(f), (B)(1)(g), (B)(2), or (B)(7) of section
2929.14 of the Revised Code for a specification of the type
described in that division;
(b) In the case of an offender who has been sentenced to a
mandatory prison term for a specification of the type described in
division (A)(4)(a) of this section, the prison term imposed for
the felony offense for which the specification was stated at the
end of the body of the indictment, count in the indictment, or
information charging the offense;
(c) A prison term imposed for trafficking in persons;
(d) A prison term imposed for any offense that is described
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)
of this section applies to the offender:
(i) The offense is a felony of the first or second degree
that is an offense of violence and that is not described in
division (A)(2)(a) or (b) of this section, an attempt to commit a
felony of the first or second degree that is an offense of
violence and that is not described in division (A)(2)(a) or (b) of
this section if the attempt is a felony of the first or second
degree, or an offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to any other offense described in this
division.
(ii) The offender previously was convicted of or pleaded
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of
this section.
(5) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(B) The director of the department of rehabilitation and
correction may recommend in writing to the sentencing court that
the court consider releasing from prison any offender who, on or
after September 30, 2011, is confined in a state correctional
institution, who is serving a stated prison term of one year or
more, and who is eligible under division (C) of this section for a
release under this section. If the director wishes to recommend
that the sentencing court consider releasing an offender under
this section, the director shall notify the sentencing court in
writing of the offender's eligibility not earlier than ninety days
prior to the date on which the offender becomes eligible as
described in division (C) of this section. The director's
submission of the written notice constitutes a recommendation by
the director that the court strongly consider release of the
offender consistent with the purposes and principles of sentencing
set forth in sections 2929.11 and 2929.13 of the Revised Code.
Only an offender recommended by the director under division (B) of
this section may be considered for early release under this
section.
(C)(1) An offender serving a stated prison term of one year
or more and who has commenced service of that stated prison term
becomes eligible for release from prison under this section only
as described in this division. An offender serving a stated prison
term that includes a disqualifying prison term is not eligible for
release from prison under this section. An offender serving a
stated prison term that consists solely of one or more restricting
prison terms is not eligible for release under this section. An
offender serving a stated prison term of one year or more that
includes one or more restricting prison terms and one or more
eligible prison terms becomes eligible for release under this
section after having fully served all restricting prison terms and
having served eighty per cent of the stated prison term that
remains to be served after all restricting prison terms have been
fully served. An offender serving a stated prison term that
consists solely of one or more eligible prison terms becomes
eligible for release under this section after having served eighty
per cent of that stated prison term. For purposes of determining
an offender's eligibility for release under this section, if the
offender's stated prison term includes consecutive prison terms,
any restricting prison terms shall be deemed served prior to any
eligible prison terms that run consecutively to the restricting
prison terms, and the eligible prison terms are deemed to commence
after all of the restricting prison terms have been fully served.
An offender serving a stated prison term of one year or more
that includes a mandatory prison term that is not a disqualifying
prison term and is not a restricting prison term is not
automatically ineligible as a result of the offender's service of
that mandatory term for release from prison under this section,
and the offender's eligibility for release from prison under this
section is determined in accordance with this division.
(2) If an offender confined in a state correctional
institution under a stated prison term is eligible for release
under this section as described in division (C)(1) of this
section, the director of the department of rehabilitation and
correction may recommend in writing that the sentencing court
consider releasing the offender from prison under this section by
submitting to the sentencing court the written notice described in
division (B) of this section.
(D) The director shall include with any notice submitted to
the sentencing court under division (B) of this section an
institutional summary report that covers the offender's
participation while confined in a state correctional institution
in school, training, work, treatment, and other rehabilitative
activities and any disciplinary action taken against the offender
while so confined. The director shall include with the notice any
other documentation requested by the court, if available.
(E)(1) When the director submits a written notice to a
sentencing court that an offender is eligible to be considered for
early release under this section, the department promptly shall
provide to the prosecuting attorney of the county in which the
offender was indicted a copy of the written notice, a copy of the
institutional summary report, and any other information provided
to the court and shall provide a copy of the institutional summary
report to any law enforcement agency that requests the report. The
department also promptly shall give do whichever of the following
is applicable:
(a) Subject to division (E)(1)(b) of this section, give
written notice of the submission to any victim of the offender or
victim's representative of any victim of the offender who is
registered with the office of victim's services.
(b) If the offense was aggravated murder, murder, an offense
of violence that is a felony of the first, second, or third
degree, or an offense punished by a sentence of life imprisonment,
except as otherwise provided in this division, notify the victim
or the victim's representative of the filing of the petition
regardless of whether the victim or victim's representative has
registered with the office of victim's services. The notice of the
filing of the petition shall not be given under this division to a
victim or victim's representative if the victim or victim's
representative has requested pursuant to division (B)(2) of
section 2930.03 of the Revised Code that the victim or the
victim's representative not be provided the notice. If notice is
to be provided to a victim or victim's representative under this
division, the department may give the notice by any reasonable
means, including regular mail, telephone, and electronic mail, in
accordance with division (D)(1) of section 2930.16 of the Revised
Code. If the notice is based on an offense committed prior to the
effective date of this amendment, the notice also shall include
the opt-out information described in division (D)(1) of section
2930.16 of the Revised Code. The department, in accordance with
division (D)(2) of section 2930.16 of the Revised Code, shall keep
a record of all attempts to provide the notice, and of all notices
provided, under this division.
Division (E)(1)(b) of this section, and the notice-related
provisions of divisions (E)(2) and (K) 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, 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 (E)(2) of this
section was enacted, shall be known as "Roberta's Law."
The (2) When the director submits a petition under this
section, the department also promptly shall post a copy of the
written notice on the database it maintains under section 5120.66
of the Revised Code and include information on where a person may
send comments regarding the recommendation of early release.
The information provided to the court, the prosecutor, and
the victim or victim's representative under divisions (D) and (E)
of this section shall include the name and contact information of
a specific department of rehabilitation and correction employee
who is available to answer questions about the offender who is the
subject of the written notice submitted by the director,
including, but not limited to, the offender's institutional
conduct and rehabilitative activities while incarcerated.
(F) Upon receipt of a written notice submitted by the
director under division (B) of this section, the court either
shall, on its own motion, schedule a hearing to consider releasing
the offender who is the subject of the notice or shall inform the
department that it will not be conducting a hearing relative to
the offender. The court shall not grant an early release to an
offender without holding a hearing. If a court declines to hold a
hearing relative to an offender with respect to a written notice
submitted by the director, the court may later consider release of
that offender under this section on its own motion by scheduling a
hearing for that purpose. Within thirty days after the written
notice is submitted, the court shall inform the department whether
or not the court is scheduling a hearing on the offender who is
the subject of the notice.
(G) If the court schedules a hearing upon receiving a written
notice submitted under division (B) of this section or upon its
own motion under division (F) of this section, the court shall
notify the head of the state correctional institution in which the
offender is confined of the hearing prior to the hearing. If the
court makes a journal entry ordering the offender to be conveyed
to the hearing, except as otherwise provided in this division, the
head of the correctional institution shall deliver the offender to
the sheriff of the county in which the hearing is to be held, and
the sheriff shall convey the offender to and from the hearing.
Upon the court's own motion or the motion of the offender or the
prosecuting attorney of the county in which the offender was
indicted, the court may permit the offender to appear at the
hearing by video conferencing equipment if equipment of that
nature is available and compatible.
Upon receipt of notice from a court of a hearing on the
release of an offender under this division, the head of the state
correctional institution in which the offender is confined
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 under this section, the court
promptly shall give notice of the hearing to the prosecuting
attorney of the county in which the offender was indicted. Upon
receipt of the notice from the court, the prosecuting attorney
shall notify pursuant to section 2930.16 of the Revised Code any
victim of the offender or the victim's representative of the
hearing.
(H) If the court schedules a hearing under this section, at
the hearing, the court shall afford the offender and the
offender's attorney an opportunity to present written information
and, if present, oral information relevant to the offender's early
release. The court shall afford a similar opportunity to the
prosecuting attorney, victim or 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. If the court pursuant to division (G) of
this section permits the offender to appear at the hearing by
video conferencing equipment, the offender's opportunity to
present oral information shall be as a part of the video
conferencing. The court shall consider any statement of a victim
made under section 2930.14 or 2930.17 of the Revised Code, any
victim impact statement prepared under section 2947.051 of the
Revised Code, and any report and other documentation submitted by
the director under division (D) of this section. After ruling on
whether to grant the offender early release, the court shall
notify the victim in accordance with sections 2930.03 and 2930.16
of the Revised Code.
(I) If the court grants an offender early release under this
section, it shall order the release of the offender, shall place
the offender under one or more appropriate community control
sanctions, under appropriate conditions, and under the supervision
of the department of probation that serves the court, and shall
reserve the right to reimpose the sentence that it reduced and
from which the offender was released if the offender violates the
sanction. The court shall not make a release under this section
effective prior to the date on which the offender becomes eligible
as described in division (C) of this section. If the sentence
under which the offender is confined in a state correctional
institution and from which the offender is being released was
imposed for a felony of the first or second degree, the court
shall consider ordering that the offender be monitored by means of
a global positioning device. If the court reimposes the sentence
that it reduced and from which the offender was released and if
the violation of the sanction is a new offense, the court may
order that the reimposed sentence be served either concurrently
with, or consecutive to, any new sentence imposed upon the
offender as a result of the violation that is a new offense. The
period of all community control sanctions imposed under this
division shall not exceed five years. The court, in its
discretion, may reduce the period of community control sanctions
by the amount of time the offender spent in jail or prison for the
offense.
If the court grants an offender early release under this
section, it shall notify the appropriate person at the department
of rehabilitation and correction of the release, and the
department shall post notice of the release on the database it
maintains pursuant to section 5120.66 of the Revised Code.
(J) The department shall adopt under Chapter 119. of the
Revised Code any rules necessary to implement this section.
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 division of
parole and community services of the department of rehabilitation
and correction 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 division of parole and community
services of the department of rehabilitation and correction 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 the institutional summary 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 division of parole and community services, shall provide to
the division for inclusion in the notice sent to the court under
this division a an institutional summary report on the prisoner's
conduct in the institution and in any institution from which the
prisoner may have been transferred. The institutional summary
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 division 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 division shall not proceed with the
transfer. If the court does not timely disapprove the transfer of
the prisoner to transitional control, the division 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 or if division (A)(3)(b) of this section
applies, the division of parole and community services, 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 division regarding the impact of the
transfer of the prisoner to transitional control. If the victim
subsequently submits a statement of that nature to the division,
the division shall consider the statement in deciding whether to
transfer the prisoner to transitional control.
(b) If a prisoner is incarcerated for the commission of
aggravated murder, murder, or an offense of violence that is a
felony of the first, second, or third degree or under a sentence
of life imprisonment, except as otherwise provided in this
division, the notice described in division (A)(3)(a) of this
section shall be given regardless of whether the victim has
requested the notification. The notice described in division
(A)(3)(a) of this section shall not be given under this division
to a victim if the victim has requested pursuant to division
(B)(2) of section 2930.03 of the Revised Code that the victim not
be provided the notice. If notice is to be provided to a victim
under this division, the authority may give the notice by any
reasonable means, including regular mail, telephone, and
electronic mail, in accordance with division (D)(1) of section
2930.16 of the Revised Code. If the notice is based on an offense
committed prior to the effective date of this amendment, the
notice also shall include the opt-out information described in
division (D)(1) of section 2930.16 of the Revised Code. The
authority, in accordance with division (D)(2) of section 2930.16
of the Revised Code, shall keep a record of all attempts to
provide the notice, and of all notices provided, under this
division.
Division (A)(3)(b) of this section, and the notice-related
provisions of divisions (E)(2) and (K) of section 2929.20,
division (D)(1) of section 2930.16, division (H) of section
2967.12, division (E)(1)(b) of section 2967.19, 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 transferring a 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 division of parole and community
services at any time prior to the division'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 division 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 division of parole and community services may require
a prisoner who is transferred to transitional control to pay to
the division 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.
(4) "Risk reduction sentence" means a prison term imposed by
a court, when the court recommends pursuant to section 2929.143 of
the Revised Code that the offender serve the sentence under
section 5120.036 of the Revised Code, and the offender may
potentially be released from imprisonment prior to the expiration
of the prison term if the offender successfully completes all
assessment and treatment or programming required by the department
of rehabilitation and correction under section 5120.036 of the
Revised Code.
(5) "Victim's immediate family" has the same meaning as in
section 2967.12 of the Revised Code.
(B) Each sentence to a prison term for 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 an offense of
violence and is not a felony sex offense and 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. This division
applies with respect to all prison terms of a type described in
this division, including a term of any such type that is a risk
reduction sentence. If a court imposes a sentence including a
prison term of a type described in this division on or after July
11, 2006, the failure of a sentencing court to notify the offender
pursuant to division (B)(2)(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 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)(2)(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 (D)(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, five years;
(2) For a felony of the second degree that is not a felony
sex offense, three years;
(3) For a felony of the third degree that is an offense of
violence and is not a felony sex offense 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. This division applies with respect to all prison
terms of a type described in this division, including a term of
any such type that is a risk reduction sentence. Section 2929.191
of the Revised Code applies if, prior to 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)(2)(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 (D)(2) of section 2929.14 of the Revised Code a statement
regarding post-release control. Pursuant to an agreement entered
into under section 2967.29 of the Revised Code, a court of common
pleas or parole board may impose sanctions or conditions on an
offender who is placed on post-release control under this
division.
(D)(1) Before the prisoner is released from imprisonment, the
parole board or, pursuant to an agreement under section 2967.29 of
the Revised Code, the court shall impose upon a prisoner described
in division (B) of this section, shall impose upon a prisoner
described in division (C) of this section who is to be released
before the expiration of the prisoner's stated prison term under a
risk reduction sentence, may impose upon a prisoner described in
division (C) of this section who is not to be released before the
expiration of the prisoner's stated prison term under a risk
reduction sentence, 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 or court imposes one or
more post-release control sanctions upon a prisoner, the board or
court, in addition to imposing the sanctions, also shall include
as a condition of the post-release control that the offender not
leave the state without permission of the court or the offender's
parole or probation officer and that the offender abide by the
law. The board or court may impose any other conditions of release
under a post-release control sanction that the board or court
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 or court shall review the
prisoner's criminal history, results from the single validated
risk assessment tool selected by the department of rehabilitation
and correction under section 5120.114 of the Revised Code, 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 or court
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 or court
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 and for a prisoner
described in division (C) of this section who is to be released
before the expiration of the prisoner's stated prison term under a
risk reduction sentence, 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 who is not to be released before the expiration of
the prisoner's stated prison term under a risk reduction sentence,
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 or court shall
presume that monitored time is the appropriate post-release
control sanction unless the board or court 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 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, except as otherwise provided in this paragraph, the
department of rehabilitation and correction shall notify the
victim and the victim's immediate family of the date on which the
prisoner will be released, the period for which the prisoner will
be under post-release control supervision, and the terms and
conditions of the prisoner's post-release control regardless of
whether the victim or victim's immediate family has requested the
notification. The notice described in this paragraph shall not be
given to a victim or victim's immediate family if the victim or
the victim's immediate family has requested pursuant to division
(B)(2) of section 2930.03 of the Revised Code that the notice not
be provided to the victim or the victim's immediate family. At
least thirty days before the prisoner is released from
imprisonment and regardless of whether the victim or victim's
immediate family has requested that the notice described in this
paragraph be provided or not be provided to the victim or the
victim's immediate family, the department also shall provide
notice of that nature to the prosecuting attorney in the case and
the law enforcement agency that arrested the prisoner if any
officer of that agency was a victim of the offense.
If the notice given under the preceding paragraph to the
victim or the victim's immediate family is based on an offense
committed prior to the effective date of this amendment and if the
department of rehabilitation and correction has not previously
successfully provided any notice to the victim or the victim's
immediate family under division (B), (C), or (D) of section
2930.16 of the Revised Code with respect to that offense and the
offender who committed it, the notice also shall inform the victim
or the victim's immediate family that the victim or the victim's
immediate family may request that the victim or the victim's
immediate family not be provided any further notices with respect
to that offense and the offender who committed it and shall
describe the procedure for making that request. The department may
give the notices to which the preceding paragraph applies by any
reasonable means, including regular mail, telephone, and
electronic mail. If the department attempts to provide notice to
any specified person under the preceding paragraph but the attempt
is unsuccessful because the department is unable to locate the
specified person, is unable to provide the notice by its chosen
method because it cannot determine the mailing address, electronic
mail address, or telephone number at which to provide the notice,
or, if the notice is sent by mail, the notice is returned, the
department shall make another attempt to provide the notice to the
specified person. If the second attempt is unsuccessful, the
department shall make at least one more attempt to provide the
notice. If the notice is based on an offense committed prior to
the effective date of this amendment, in each attempt to provide
the notice to the victim or victim's immediate family, the notice
shall include the opt-out information described in this paragraph.
The department, in the manner described in division (D)(2) of
section 2930.16 of the Revised Code, shall keep a record of all
attempts to provide the notice, and of all notices provided, under
this paragraph and the preceding paragraph. The record shall be
considered as if it was kept under division (D)(2) of section
2930.16 of the Revised Code. This paragraph, the preceding
paragraph, and the notice-related provisions of divisions (E)(2)
and (K) of section 2929.20, division (D)(1) of section 2930.16,
division (H) of section 2967.12, division (E)(1)(b) of section
2967.19, 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 and the preceding paragraph were enacted,
shall be known as "Roberta's Law."
(2) If a prisoner who is placed on post-release control under
this section is released before the expiration of the prisoner's
stated prison term by reason of credit earned under section
2967.193 of the Revised Code and if the prisoner earned sixty or
more days of credit, the adult parole authority shall supervise
the offender with an active global positioning system device for
the first fourteen days after the offender's release from
imprisonment. This division does not prohibit or limit the
imposition of any post-release control sanction otherwise
authorized by this section.
(3) 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 or,
pursuant to an agreement under section 2967.29 of the Revised
Code, the court may review the releasee's behavior under the
post-release control sanctions imposed upon the releasee under
this section. The authority or court 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. The authority also may recommend that the parole board
or court increase or reduce the duration of the period of
post-release control imposed by the court. If the authority
recommends that the board or court increase the duration of
post-release control, the board or court shall review the
releasee's behavior and may increase the duration of the period of
post-release control imposed by the court up to eight years. If
the authority recommends that the board or court reduce the
duration of control for an offense described in division (B) or
(C) of this section, the board or court 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 or court
reduce the duration of the period of control imposed for an
offense described in division (B)(1) of this section to a period
less than the length of the stated prison term originally imposed,
and in no case shall the board or court 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 that provide for a period of
post-release control of up to three years for all prisoners
described in division (C) of this section who are to be released
before the expiration of their stated prison term under a risk
reduction sentence and standards by which the parole board can
determine which prisoners described in division (C) of this
section who are not to be released before the expiration of their
stated prison term under a risk reduction sentence 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 or, pursuant to an
agreement under section 2967.29 of the Revised Code, the court
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 or court
may impose a more restrictive sanction upon the releasee, in
accordance with the standards established under division (E) of
this section or in accordance with the agreement made under
section 2967.29 of the Revised Code, or may report the violation
to the parole board for a hearing pursuant to division (F)(3) of
this section. The authority or court 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 or court
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 or, pursuant to an agreement under
section 2967.29 of the Revised Code, the court 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 or court finds that the releasee
violated the sanction or condition, the board or court 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 or court may impose as a
post-release control sanction a residential sanction that includes
a prison term. The board or court 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.
Unless a releasee's stated prison term was reduced pursuant to
section 5120.032 of the Revised Code, 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. If a releasee's stated
prison term was reduced pursuant to section 5120.032 of the
Revised Code, the period of a prison term that is imposed as a
post-release control sanction under this division and the maximum
cumulative prison term for all violations under this division
shall not exceed the period of time not served in prison under the
sentence imposed by the court. 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 or
court, 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 or court. 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 or court.
Sec. 2971.04. (A) 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, at any time after the offender has served the
minimum term imposed under that sentence, the parole board may
terminate its control over the offender's service of the prison
term. The parole board initially shall determine whether to
terminate its control over the offender's service of the prison
term upon the completion of the offender's service of the minimum
term under the sentence and shall make subsequent determinations
at least once every two years after that first determination. The
parole board shall not terminate its control over the offender's
service of the prison term unless it finds at a hearing that the
offender does not represent a substantial risk of physical harm to
others. Upon the request of the prosecuting attorney or of any law
enforcement agency, the board shall provide to the requesting
prosecuting attorney and law enforcement agencies an institutional
summary report prepared by the department of rehabilitation and
correction that covers the offender's participation while confined
in a state correctional institution in training, work, and other
rehabilitative activities and any disciplinary action taken
against the offender while so confined. Prior to determining
whether to terminate its control over the offender's service of
the prison term, the parole board shall request the department of
rehabilitation and correction to prepare pursuant to section
5120.61 of the Revised Code an update of the most recent risk
assessment and report relative to the offender. The offender has
the right to be present at any hearing held under this section. At
At the hearing, the offender and the prosecuting attorney may
make a statement and present evidence as to whether the parole
board should terminate its control over the offender's service of
the prison term. In making its determination as to whether to
terminate its control over the offender's service of the prison
term, the parole board may follow the standards and guidelines
adopted by the department of rehabilitation and correction under
section 5120.49 of the Revised Code and shall consider the updated
risk assessment and report relating to the offender prepared by
the department pursuant to section 5120.61 of the Revised Code in
response to the request made under this division and any
statements or evidence submitted by the offender or the
prosecuting attorney. If the parole board terminates its control
over an offender's service of 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, it shall recommend to the court modifications to the
requirement that the offender serve the entire term in a state
correctional institution. The court is not bound by the
recommendations submitted by the parole board.
(B) If the parole board terminates its control over an
offender's service of a prison term imposed 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 immediately shall provide written notice of
its termination of control to the department of rehabilitation and
correction, the court, and the prosecuting attorney, and, after
the board's termination of its control, the court shall have
control over the offender's service of that prison term.
After the transfer, the court shall have control over the
offender's service of that prison term for the offender's entire
life, subject to the court's termination of the term pursuant to
section 2971.05 of the Revised Code.
(C) If control over the offender's service of the prison term
is transferred to the court, all of the following apply:
(1) The offender shall not be released solely as a result of
the transfer of control over the service of that prison term.
(2) The offender shall not be permitted solely as a result of
the transfer to serve a portion of that term in a place other than
a state correctional institution.
(3) The offender shall continue serving that term in a state
correctional institution, subject to the following:
(a) A release pursuant to a pardon, commutation, or reprieve;
(b) A modification or termination of the term by the court
pursuant to this chapter.
Sec. 2971.05. (A)(1) After control over an offender's
service of a prison term imposed pursuant to division (A)(3),
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),
(c), or (d) of section 2971.03 of the Revised Code has been
transferred pursuant to section 2971.04 of the Revised Code to the
court, the court shall schedule, within thirty days of any of the
following, a hearing on whether to modify in accordance with
division (C) of this section the requirement that the offender
serve the entire prison term in a state correctional institution
or to terminate the prison term in accordance with division (D) of
this section:
(a) Control over the offender's service of a prison term is
transferred pursuant to section 2971.04 of the Revised Code to the
court, and no hearing to modify the requirement has been held;
(b) Two years elapse after the most recent prior hearing held
pursuant to division (A)(1) or (2) of this section;
(c) The prosecuting attorney, the department of
rehabilitation and correction, or the adult parole authority
requests the hearing, and recommends that the requirement be
modified or that the offender's prison term be terminated.
(2) After control over the offender's service of a prison
term has been transferred pursuant to section 2971.04 of the
Revised Code to the court, the court, within thirty days of either
of the following, shall conduct a hearing on whether to modify in
accordance with division (C) of this section the requirement that
the offender serve the entire prison term in a state correctional
institution, whether to continue, revise, or revoke an existing
modification of that requirement, or whether to terminate the term
in accordance with division (D) of this section:
(a) The requirement that the offender serve the entire prison
term in a state correctional institution has been modified, and
the offender is taken into custody for any reason.
(b) The department of rehabilitation and correction or the
prosecuting attorney notifies the court pursuant to section
2971.06 of the Revised Code regarding a known or suspected
violation of a term or condition of the modification or a belief
that there is a substantial likelihood that the offender has
committed or is about to commit a sexually violent offense.
(3) After control over the offender's service of a prison
term has been transferred pursuant to section 2971.04 of the
Revised Code to the court, the court, in any of the following
circumstances, may conduct a hearing within thirty days to
determine whether to modify in accordance with division (C) of
this section the requirement that the offender serve the entire
prison term in a state correctional institution, whether to
continue, revise, or revoke an existing modification of that
requirement, or whether to terminate the sentence in accordance
with division (D) of this section:
(a) The offender requests the hearing;
(b) Upon the court's own motion;
(c) One or more examiners who have conducted a psychological
examination and assessment of the offender file a statement that
states that there no longer is a likelihood that the offender will
engage in the future in a sexually violent offense.
(B)(1) Before a court holds a hearing pursuant to division
(A) of this section, the court shall provide notice of the date,
time, place, and purpose of the hearing to the offender, the
prosecuting attorney, the department of rehabilitation and
correction, and the adult parole authority and shall request the
department to prepare pursuant to section 5120.61 of the Revised
Code an update of the most recent risk assessment and report
relative to the offender. Upon the request of the prosecuting
attorney or of any law enforcement agency, the department shall
provide to the requesting prosecuting attorney and law enforcement
agencies an institutional summary report prepared by the
department that covers the offender's participation while confined
in a state correctional institution in training, work, and other
rehabilitative activities and any disciplinary action taken
against the offender while so confined. The offender has the right
to be present at any hearing held under this section. At the
hearing, the offender and the prosecuting attorney may make a
statement and present evidence as to whether the requirement that
the offender serve the entire prison term in a state correctional
institution should or should not be modified, whether the existing
modification of the requirement should be continued, revised, or
revoked, and whether the prison term should or should not be
terminated.
(2) At a hearing held pursuant to division (A) of this
section, the court may and, if the hearing is held pursuant to
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall
determine by clear and convincing evidence whether the offender is
unlikely to commit a sexually violent offense in the future.
(3) At the conclusion of the hearing held pursuant to
division (A) of this section, the court may order that the
requirement that the offender serve the entire prison term in a
state correctional institution be continued, that the requirement
be modified pursuant to division (C) of this section, that an
existing modification be continued, revised, or revoked pursuant
to division (C) of this section, or that the prison term be
terminated pursuant to division (D) of this section.
(C)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender will not represent a
substantial risk of physical harm to others, the court may modify
the requirement that the offender serve the entire prison term
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of
the Revised Code in a state correctional institution in a manner
that the court considers appropriate. If the court modifies the
requirement for an offender whose prison term was imposed pursuant
to division (A)(3) of section 2971.03 of the Revised Code, the
court shall order the adult parole authority to supervise the
offender and shall require that the authority's supervision of the
offender be pursuant to division (E) of this section. If the court
modifies the requirement for an offender whose prison term was
imposed pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b),
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code, the court shall order the adult parole authority to
supervise the offender and may require that the authority's
supervision of the offender be pursuant to division (E) of this
section.
(2) The modification of the requirement does not terminate
the prison term but serves only to suspend the requirement that
the offender serve the entire term in a state correctional
institution. The prison term shall remain in effect for the
offender's entire life unless the court terminates the prison term
pursuant to division (D) of this section. The offender shall
remain under the jurisdiction of the court for the offender's
entire life unless the court so terminates the prison term. The
modification of the requirement does not terminate the
classification of the offender, as described in division (F) of
section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code, and the offender is
subject to supervision, including supervision under division (E)
of this section if the court required the supervision of the
offender to be pursuant to that division.
(3) If the court revokes the modification under
consideration, the court shall order that the offender be returned
to the custody of the department of rehabilitation and correction
to continue serving the prison term to which the modification
applied, and section 2971.06 of the Revised Code applies regarding
the offender.
(D)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender is unlikely to commit a
sexually violent offense in the future, the court may terminate
the offender's prison term imposed under division (A)(3),
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),
(c), or (d) of section 2971.03 of the Revised Code, subject to the
offender satisfactorily completing the period of conditional
release required by this division and, if applicable, compliance
with division (E) of this section. If the court terminates the
prison term, the court shall place the offender on conditional
release for five years, notify the adult parole authority of its
determination and of the termination of the prison term, and order
the adult parole authority to supervise the offender during the
five-year period of conditional release or, if division (E)
applies to the offender, to supervise the offender pursuant to and
for the period of time specified in that division. If the court
terminates the prison term for an offender whose prison term was
imposed pursuant to division (A)(3) of section 2971.03 of the
Revised Code, the court shall require that the authority's
supervision of the offender be pursuant to division (E) of this
section. If the court terminates the prison term for an offender
whose prison term was imposed pursuant to division (B)(1)(a), (b),
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code, the court may require that
the authority's supervision of the offender be pursuant to
division (E) of this section. Upon receipt of a notice from a
court pursuant to this division, the adult parole authority shall
supervise the offender who is the subject of the notice during the
five-year period of conditional release, periodically notify the
court of the offender's activities during that five-year period of
conditional release, and file with the court no later than thirty
days prior to the expiration of the five-year period of
conditional release a written recommendation as to whether the
termination of the offender's prison term should be finalized,
whether the period of conditional release should be extended, or
whether another type of action authorized pursuant to this chapter
should be taken.
(2) Upon receipt of a recommendation of the adult parole
authority filed pursuant to division (D)(1) of this section, the
court shall hold a hearing to determine whether to finalize the
termination of the offender's prison term, to extend the period of
conditional release, or to take another type of action authorized
pursuant to this chapter. The court shall hold the hearing no
later than the date on which the five-year period of conditional
release terminates and shall provide notice of the date, time,
place, and purpose of the hearing to the offender and to the
prosecuting attorney. At the hearing, the offender, the
prosecuting attorney, and the adult parole authority employee who
supervised the offender during the period of conditional release
may make a statement and present evidence.
If the court determines at the hearing to extend an
offender's period of conditional release, it may do so for
additional periods of one year in the same manner as the original
period of conditional release, and, except as otherwise described
in this division, all procedures and requirements that applied to
the original period of conditional release apply to the additional
period of extended conditional release unless the court modifies a
procedure or requirement. If an offender's period of conditional
release is extended as described in this division, all references
to a five-year period of conditional release that are contained in
division (D)(1) of this section shall be construed, in applying
the provisions of that division to the extension, as being
references to the one-year period of the extension of the
conditional release.
If the court determines at the hearing to take another type
of action authorized pursuant to this chapter, it may do so in the
same manner as if the action had been taken at any other stage of
the proceedings under this chapter. As used in this division,
"another type of action" includes the revocation of the
conditional release and the return of the offender to a state
correctional institution to continue to serve the prison term.
If the court determines at the hearing to finalize the
termination of the offender's prison term, it shall notify the
department of rehabilitation and correction, the department shall
enter into its records a final release and issue to the offender a
certificate of final release, and the prison term thereafter shall
be considered completed and terminated in every way.
(3) The termination of an offender's prison term pursuant to
division (D)(1) or (2) of this section does not affect the
classification of the offender, as described in division (F) of
section 2971.03 of the Revised Code, as a tier III sex
offender/child-victim offender for purposes of Chapter 2950. of
the Revised Code, does not terminate the adult parole authority's
supervision of the offender, and, if the court had required the
supervision of the offender to be pursuant to division (E) of this
section, does not terminate the supervision of the offender with
an active global positioning system device, pursuant to that
division.
(E) If a prison term imposed upon an offender pursuant to
division (A)(3) of section 2971.03 of the Revised Code is modified
as provided in division (C) of this section or terminated as
provided in division (D) of this section, the adult parole
authority shall supervise the offender with an active global
positioning system device during any time period in which the
offender is not incarcerated in a state correctional institution.
If a prison term imposed upon an offender pursuant to division
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),
or (d) of section 2971.03 of the Revised Code is modified as
provided in division (C) of this section or terminated as provided
in division (D) of this section, and if the court requires that
the adult parole authority's supervision of the offender be
pursuant to this division, the authority shall supervise the
offender with an active global positioning system device during
any time period in which the offender is not incarcerated in a
state correctional institution. If the adult parole authority is
required to supervise the offender with an active global
positioning system device as described in this division, unless
the court removes the offender's classification as a sexually
violent predator regarding an offender whose prison term was
imposed under division (A)(3) of section 2971.03 of the Revised
Code or terminates the requirement that supervision of the
offender be pursuant to this division regarding an offender whose
prison term was imposed under division (B)(1)(a), (b), or (c),
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code, the offender is subject to
supervision with an active global positioning system pursuant to
this division for the offender's entire life. The costs of
administering the supervision of offenders with an active global
positioning system device pursuant to this division shall be paid
out of funds from the reparations fund, created pursuant to
section 2743.191 of the Revised Code. This division shall only
apply to a sexually violent predator sentenced pursuant to
division (A)(3) of section 2971.03 of the Revised Code who is
released from the custody of the department of rehabilitation and
correction on or after September 29, 2005, or an offender
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of
the Revised Code on or after January 2, 2007.
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, whether
any victim of the offense was a law enforcement officer if that
fact is 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 or any
hearing for release of the defendant pursuant to section 2967.19
of the Revised Code in relation to any such term, notice of the
fact that the inmate will be having a hearing regarding a possible
grant of judicial release or release, the date of the hearing, and
the right of any person pursuant to division (J) of section
2929.20 or division (H) of section 2967.19 of the Revised Code,
whichever is applicable, to submit to the court a written
statement regarding the possible judicial release or release. The
department also shall post notice of the filing of any petition
for release of the inmate pursuant to section 2967.19 of the
Revised Code, as required by division (E) of that section.
(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 is
transferred to transitional control under section 2967.26 of the
Revised Code in relation to any prison term or term of
imprisonment the inmate is serving for any offense, notice of the
pendency of the transfer,
of the date of the possible transfer,
and of the right of any person to submit a statement regarding the
possible transfer;
(v) Prompt notice of the inmate's escape from any facility in
which the inmate was incarcerated and of the capture of the inmate
after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement,
notice of the fact that the inmate will be released, of the date
of the release, and, if applicable, of the standard terms and
conditions of the release;
(viii) Notice of the inmate's judicial release pursuant to
section 2929.20 of the Revised Code or release pursuant to section
2967.19 of the Revised Code.
(2) Information as to where a person can send written
statements of the types referred to in divisions (A)(1)(c)(i),
(iii), and (iv) of this section.
(B)(1) The department shall update the database required
under division (A) of this section every twenty-four hours to
ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section
is a public record open for inspection under section 149.43 of the
Revised Code. The department shall make the database searchable by
inmate name and by the county and zip code where the offender
intends to reside after release from a state correctional
institution if this information is known to the department.
(3) The database required under division (A) of this section
may contain information regarding inmates who are listed in the
database in addition to the information described in that
division.
(4) No information included on the database required under
division (A) of this section shall identify or enable the
identification of any victim of any offense committed by an
inmate.
(C) The failure of the department to comply with the
requirements of division (A) or (B) of this section does not give
any rights or any grounds for appeal or post-conviction relief to
any inmate.
(D) This section, and the related provisions of sections
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted
in the act in which this section was enacted, shall be known as
"Laura's Law."
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. 5149.101. (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, or an offense punished by a
sentence of life imprisonment, the victim's representative, or any
person described in division (B)(5) of this section may request
the board to 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, except as
otherwise provided in this division, the board shall give notice
of the date, time, and place of the hearing to the victim
regardless of whether the victim has requested the notification.
The notice of the date, time, and place of the hearing shall not
be given under this division to a victim if the victim has
requested pursuant to division (B)(2) of section 2930.03 of the
Revised Code that the notice not be provided to the victim. At
least thirty days before the full board hearing and regardless of
whether the victim has requested that the notice be provided or
not be provided under this division to the victim, the board shall
give similar notice to the prosecuting attorney in the case, the
law enforcement agency that arrested the prisoner if any officer
of that agency was a victim of the offense, and, if different than
the victim, the person who requested the full hearing. If the
prosecuting attorney has not previously been sent an institutional
summary report with respect to the prisoner, upon the request of
the prosecuting attorney, the board shall include with the notice
sent to the prosecuting attorney an institutional summary report
that covers the offender's participation while confined in a state
correctional institution in training, work, and other
rehabilitative activities and any disciplinary action taken
against the offender while so confined. Upon the request of a law
enforcement agency that has not previously been sent an
institutional summary report with respect to the prisoner, the
board also shall send a copy of the institutional summary report
to the law enforcement agency. If notice is to be provided as
described in this division, the board may give the notice by any
reasonable means, including regular mail, telephone, and
electronic mail, in accordance with division (D)(1) of section
2930.16 of the Revised Code. If the notice is based on an offense
committed prior to the effective date of this amendment, the
notice also shall include the opt-out information described in
division (D)(1) of section 2930.16 of the Revised Code. The board,
in accordance with division (D)(2) of section 2930.16 of the
Revised Code, shall keep a record of all attempts to provide the
notice, and of all notices provided, under this division.
The preceding paragraph, and the notice-related provisions of
divisions (E)(2) and (K) of section 2929.20, division (D)(1) of
section 2930.16, division (H) of section 2967.12, division
(E)(1)(b) of section 2967.19, 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 aggravated murder, murder, an
offense of violence that is a felony of the first, second, or
third degree, or an offense punished by a sentence of life
imprisonment, 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, 2717.01, 2903.03,
2929.13, 2929.20, 2930.03, 2930.06, 2930.16, 2950.01, 2951.041,
2953.08, 2967.03, 2967.12, 2967.121, 2967.19, 2967.26, 2967.28,
2971.04, 2971.05, 5120.66, 5149.07, and 5149.101 of the Revised
Code are hereby repealed.
Section 3. Section 2967.26 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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