Bill Text: OH SB160 | 2011-2012 | 129th General Assembly | Introduced

Ohio Senate Bill 160 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 57-33)

Status: (Passed) 2013-03-22 - Effective Date [SB160 Detail]

Download: Ohio-2011-SB160-Introduced.html

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 160

Senators Bacon, Hughes

Cosponsor: Senator Patton

A BILL

To amend sections 2152.86, 2903.03, 2929.20, 2930.03,

2930.06, 2930.16, 2950.01, 2967.03, 2967.12,

2967.121, 2967.26, 2967.28, 5120.66, 5149.07,

5149.10, and 5149.101 of the Revised Code to

require automatic notice to victims of first,

second, or third degree felony offenses of

violence of certain prisoner or alleged juvenile

offender release or transfer proceedings; to

expand victim participation in parole hearings; to

require five years of post-release control for

offenders who commit first, second, or third

degree felony offenses of violence; to require the

Department of Rehabilitation and Correction to

keep information on such offenders in a publicly

accessible database for ten years following final

discharge; to require the Department to provide

certain information related to paroles to

designated public officials; to require the

Department to notify the appropriate prosecuting

attorney when a felon serving a specified sentence

is released pursuant to a pardon, commutation of

sentence, parole, or completed prison term; to

prohibit the Parole Board from considering a

sentence in effect since July 1, 1996, in making

parole determinations; to make other changes

related to the release of prisoners and victim's

rights; to provide that voluntary manslaughter

committed with a sexual motivation is a sexually

oriented offense, makes an offender or juvenile

offender registrant who commits it a tier III sex

offender/child-victim offender, and may qualify a

juvenile offender registrant who commits it as a

public registry-qualified juvenile offender

registrant; 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, 2903.03, 2929.20, 2930.03,	36
2930.06, 2930.16, 2950.01, 2967.03, 2967.12, 2967.121, 2967.26,	37
2967.28, 5120.66, 5149.07, 5149.10, and 5149.101 of the Revised	38
Code be amended to read as follows:	39

Sec. 2152.86. (A)(1) The court that, on or after January 1,	40
2008, adjudicates a child a delinquent child for committing an act	41
shall issue as part of the dispositional order an order that	42
classifies the child a juvenile offender registrant, specifies	43
that the child has a duty to comply with sections 2950.04,	44
2950.041, 2950.05, and 2950.06 of the Revised Code, and	45
additionally classifies the child a public registry-qualified	46
juvenile offender registrant if the child was fourteen, fifteen,	47
sixteen, or seventeen years of age at the time of committing the	48
act, the court imposed on the child a serious youthful offender	49
dispositional sentence under section 2152.13 of the Revised Code,	50
and the child is adjudicated a delinquent child for committing,	51
attempting to commit, conspiring to commit, or complicity in	52
committing any of the following acts:	53

(a) A violation of section 2907.02 of the Revised Code,	54
division (B) of section 2907.05 of the Revised Code, or section	55
2907.03 of the Revised Code if the victim of the violation was	56
less than twelve years of age;	57

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	58
the Revised Code that was committed with a purpose to gratify the	59
sexual needs or desires of the child;	60

(c) A violation of division (B) of section 2903.03 of the	61
Revised Code.	62

(2) Upon a child's release, on or after January 1, 2008, from	63
the department of youth services, the court shall issue an order	64
that classifies the child a juvenile offender registrant,	65
specifies that the child has a duty to comply with sections	66
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	67
additionally classifies the child a public registry-qualified	68
juvenile offender registrant if all of the following apply:	69

(a) The child was adjudicated a delinquent child, and a	70
juvenile court imposed on the child a serious youthful offender	71
dispositional sentence under section 2152.13 of the Revised Code	72
for committing one of the acts described in division (A)(1)(a) or	73
(b) of this section or for committing on or after the effective	74
date of this amendment a violation of division (B) of section	75
2903.03 of the Revised Code.	76

(b) The child was fourteen, fifteen, sixteen, or seventeen	77
years of age at the time of committing the act.	78

(c) The court did not issue an order classifying the child as	79
both a juvenile offender registrant and a public	80
registry-qualified juvenile offender registrant pursuant to	81
division (A)(1) of this section.	82

(3) If a court issued an order classifying a child a juvenile	83
offender registrant pursuant to section 2152.82 or 2152.83 of the	84
Revised Code prior to January 1, 2008, not later than February 1,	85
2008, the court shall issue a new order that reclassifies the	86
child as a juvenile offender registrant, specifies that the child	87
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	88
2950.06 of the Revised Code, and additionally classifies the child	89
a public registry-qualified juvenile offender registrant if all of	90
the following apply:	91

(a) The sexually oriented offense that was the basis of the	92
previous order that classified the child a juvenile offender	93
registrant was an act described in division (A)(1)(a) or (b) of	94
this section.	95

(b) The child was fourteen, fifteen, sixteen, or seventeen	96
years of age at the time of committing the act.	97

(c) The court imposed on the child a serious youthful	98
offender dispositional sentence under section 2152.13 of the	99
Revised Code for the act described in division (A)(1)(a) or (b) of	100
this section.	101

(B)(1) If an order is issued under division (A)(1), (2), or	102
(3) of this section, the classification of tier III sex	103
offender/child-victim offender automatically applies to the	104
delinquent child based on the sexually oriented offense the child	105
committed, subject to a possible reclassification pursuant to	106
division (D) of this section for a child whose delinquent act was	107
committed prior to January 1, 2008. If an order is issued under	108
division (A)(2) of this section regarding a child whose delinquent	109
act described in division (A)(1)(a) or (b) of this section was	110
committed prior to January 1, 2008, or if an order is issued under	111
division (A)(3) of this section regarding a delinquent child, the	112
order shall inform the child and the child's parent, guardian, or	113
custodian, that the child has a right to a hearing as described in	114
division (D) of this section and inform the child and the child's	115
parent, guardian, or custodian of the procedures for requesting	116
the hearing and the period of time within which the request for	117
the hearing must be made. Section 2152.831 of the Revised Code	118
does not apply regarding an order issued under division (A)(1),	119
(2), or (3) of this section.	120

(2) The judge that issues an order under division (A)(1),	121
(2), or (3) of this section shall provide to the delinquent child	122
who is the subject of the order and to the delinquent child's	123
parent, guardian, or custodian the notice required under divisions	124
(A) and (B) of section 2950.03 of the Revised Code and shall	125
provide as part of that notice a copy of the order required under	126
division (A)(1), (2), or (3) of this section. The judge shall	127
include the order in the delinquent child's dispositional order	128
and shall specify in the dispositional order that the order issued	129
under division (A)(1), (2), or (3) of this section was made	130
pursuant to this section.	131

(C) An order issued under division (A)(1), (2), or (3) of	132
this section shall remain in effect for the period of time	133
specified in section 2950.07 of the Revised Code as it exists on	134
and after January 1, 2008, subject to a judicial termination of	135
that period of time as provided in section 2950.15 of the Revised	136
Code, subject to a possible reclassification of the child pursuant	137
to division (D) of this section if the child's delinquent act was	138
committed prior to January 1, 2008. If an order is issued under	139
division (A)(1), (2), or (3) of this section, the child's	140
attainment of eighteen or twenty-one years of age does not affect	141
or terminate the order, and the order remains in effect for the	142
period of time described in this division. If an order is issued	143
under division (A)(3) of this section, the duty to comply with	144
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	145
Code based upon that order shall be considered, for purposes of	146
section 2950.07 of the Revised Code and for all other purposes, to	147
be a continuation of the duty to comply with those sections	148
imposed upon the child prior to January 1, 2008, under the order	149
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	150
Chapter 2950. of the Revised Code.	151

(D)(1) If an order is issued under division (A)(2) of this	152
section regarding a delinquent child whose delinquent act	153
described in division (A)(1)(a) or (b) of this section was	154
committed prior to January 1, 2008, or if an order is issued under	155
division (A)(3) of this section regarding a delinquent child,	156
except as otherwise provided in this division, the child may	157
request as a matter of right a court hearing to contest the	158
court's classification in the order of the child as a public	159
registry-qualified juvenile offender registrant. To request the	160
hearing, not later than the date that is sixty days after the	161
delinquent child is provided with the copy of the order, the	162
delinquent child shall file a petition with the juvenile court	163
that issued the order.	164

If the delinquent child requests a hearing by timely filing a	165
petition with the juvenile court, the delinquent child shall serve	166
a copy of the petition on the prosecutor who handled the case in	167
which the delinquent child was adjudicated a delinquent child for	168
committing the sexually oriented offense or child-victim oriented	169
offense that resulted in the delinquent child's registration duty	170
under section 2950.04 or 2950.041 of the Revised Code. The	171
prosecutor shall represent the interest of the state in the	172
hearing. In any hearing under this division, the Rules of Juvenile	173
Procedure apply except to the extent that those Rules would by	174
their nature be clearly inapplicable. The court shall schedule a	175
hearing and shall provide notice to the delinquent child and the	176
delinquent child's parent, guardian, or custodian and to the	177
prosecutor of the date, time, and place of the hearing.	178

If the delinquent child requests a hearing in accordance with	179
this division, until the court issues its decision at or	180
subsequent to the hearing, the delinquent child shall comply with	181
Chapter 2950. of the Revised Code as it exists on and after	182
January 1, 2008. If a delinquent child requests a hearing in	183
accordance with this division, at the hearing, all parties are	184
entitled to be heard, and the court shall consider all relevant	185
information and testimony presented relative to the issue of	186
whether the child should be classified a public registry-qualified	187
juvenile offender registrant. Notwithstanding the court's	188
classification of the delinquent child as a public	189
registry-qualified juvenile offender registrant, the court may	190
terminate that classification if it determines by clear and	191
convincing evidence that the classification is in error.	192

If the court decides to terminate the court's classification	193
of the delinquent child as a public registry-qualified juvenile	194
offender registrant, the court shall issue an order that specifies	195
that it has determined that the child is not a public	196
registry-qualified juvenile offender registrant and that it has	197
terminated the court's classification of the delinquent child as a	198
public registry-qualified juvenile offender registrant. The court	199
promptly shall serve a copy of the order upon the sheriff with	200
whom the delinquent child most recently registered under section	201
2950.04 or 2950.041 of the Revised Code and upon the bureau of	202
criminal identification and investigation. The delinquent child	203
and the prosecutor have the right to appeal the decision of the	204
court issued under this division.	205

If the delinquent child fails to request a hearing in	206
accordance with this division within the applicable sixty-day	207
period specified in this division, the failure constitutes a	208
waiver by the delinquent child of the delinquent child's right to	209
a hearing under this division, and the delinquent child is bound	210
by the court's classification of the delinquent child as a public	211
registry-qualified juvenile offender registrant.	212

(2) An order issued under division (D)(1) of this section is	213
independent of any order of a type described in division (F) of	214
section 2950.031 of the Revised Code or division (E) of section	215
2950.032 of the Revised Code, and the court may issue an order	216
under both division (D)(1) of this section and an order of a type	217
described in division (F) of section 2950.031 of the Revised Code	218
or division (E) of section 2950.032 of the Revised Code. A court	219
that conducts a hearing under division (D)(1) of this section may	220
consolidate that hearing with a hearing conducted for the same	221
delinquent child under division (F) of section 2950.031 of the	222
Revised Code or division (E) of section 2950.032 of the Revised	223
Code.	224

Sec. 2903.03. (A) No person, while under the influence of	225
sudden passion or in a sudden fit of rage, either of which is	226
brought on by serious provocation occasioned by the victim that is	227
reasonably sufficient to incite the person into using deadly	228
force, shall knowingly cause the death of another or the unlawful	229
termination of another's pregnancy.	230

(B) No person, with a sexual motivation, shall violate	231
division (A) of this section.	232

(C) Whoever violates this section is guilty of voluntary	233
manslaughter, a felony of the first degree.	234

(D) As used in this section, "sexual motivation" has the same	235
meaning as in section 2971.01 of the Revised Code.	236

Sec. 2929.20. (A) As used in this section:

237

(1)(a) Except as provided in division (A)(1)(b) of this	238
section, "eligible offender" means any person serving a stated	239
prison term of ten years or less when either of the following	240
applies:	241

(i) The stated prison term does not include a mandatory	242
prison term.	243

(ii) The stated prison term includes a mandatory prison term,	244
and the person has served the mandatory prison term.	245

(b) "Eligible offender" does not include any person who is	246
serving a stated prison term for any of the following criminal	247
offenses that was a felony and was committed while the person held	248
a public office in this state:	249

(i) A violation of section 2921.02, 2921.03, 2921.05,	250
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	251
Code;	252

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	253
2921.12 of the Revised Code, when the conduct constituting the	254
violation was related to the duties of the offender's public	255
office or to the offender's actions as a public official holding	256
that public office;	257

(iii) A violation of an existing or former municipal	258
ordinance or law of this or any other state or the United States	259
that is substantially equivalent to any violation listed in	260
division (A)(1)(b)(i) of this section;	261

(iv) A violation of an existing or former municipal ordinance	262
or law of this or any other state or the United States that is	263
substantially equivalent to any violation listed in division	264
(A)(1)(b)(ii) of this section, when the conduct constituting the	265
violation was related to the duties of the offender's public	266
office or to the offender's actions as a public official holding	267
that public office;	268

(v) A conspiracy to commit, attempt to commit, or complicity	269
in committing any offense listed in division (A)(1)(b)(i) or	270
described in division (A)(1)(b)(iii) of this section;	271

(vi) A conspiracy to commit, attempt to commit, or complicity	272
in committing any offense listed in division (A)(1)(b)(ii) or	273
described in division (A)(1)(b)(iv) of this section, if the	274
conduct constituting the offense that was the subject of the	275
conspiracy, that would have constituted the offense attempted, or	276
constituting the offense in which the offender was complicit was	277
or would have been related to the duties of the offender's public	278
office or to the offender's actions as a public official holding	279
that public office.	280

(2) "Public office" means any elected federal, state, or	281
local government office in this state.	282

(3) "Victim's representative" has the same meaning as in	283
section 2930.01 of the Revised Code.	284

(B) On the motion of an eligible offender or upon its own	285
motion, the sentencing court may reduce the eligible offender's	286
stated prison term through a judicial release under this section.	287

(C) An eligible offender may file a motion for judicial	288
release with the sentencing court within the following applicable	289
periods:	290

(1) If the stated prison term is less than two years, the	291
eligible offender may file the motion not earlier than thirty days	292
after the offender is delivered to a state correctional	293
institution or, if the prison term includes a mandatory prison	294
term or terms, not earlier than thirty days after the expiration	295
of all mandatory prison terms.	296

(2) If the stated prison term is at least two years but less	297
than five years, the eligible offender may file the motion not	298
earlier than one hundred eighty days after the offender is	299
delivered to a state correctional institution or, if the prison	300
term includes a mandatory prison term or terms, not earlier than	301
one hundred eighty days after the expiration of all mandatory	302
prison terms.	303

(3) If the stated prison term is five years or more but not	304
more than ten years, the eligible offender may file the motion not	305
earlier than five years after the eligible offender is delivered	306
to a state correctional institution or, if the prison term	307
includes a mandatory prison term or terms, not earlier than five	308
years after the expiration of all mandatory prison terms.	309

(D) Upon receipt of a timely motion for judicial release	310
filed by an eligible offender under division (C) of this section	311
or upon the sentencing court's own motion made within the	312
appropriate time specified in that division, the court may deny	313
the motion without a hearing or schedule a hearing on the motion.	314
The court shall not grant the motion without a hearing. If a court	315
denies a motion without a hearing, the court later may consider	316
judicial release for that eligible offender on a subsequent motion	317
filed by that eligible offender unless the court denies the motion	318
with prejudice. If a court denies a motion with prejudice, the	319
court may later consider judicial release on its own motion. If a	320
court denies a motion after a hearing, the court shall not	321
consider a subsequent motion for that eligible offender. The court	322
shall hold only one hearing for any eligible offender.	323

A hearing under this section shall be conducted in open court	324
~~within~~not less than thirty days or more than sixty days after the	325
motion is filed, provided that the court may delay the hearing for	326
one hundred eighty additional days. If the court holds a hearing,	327
the court shall enter a ruling on the motion within ten days after	328
the hearing. If the court denies the motion without a hearing, the	329
court shall enter its ruling on the motion within sixty days after	330
the motion is filed.	331

(E) If a court schedules a hearing under division (D) of this	332
section, the court shall notify the eligible offender and the head	333
of the state correctional institution in which the eligible	334
offender is confined prior to the hearing. The head of the state	335
correctional institution immediately shall notify the appropriate	336
person at the department of rehabilitation and correction of the	337
hearing, and the department within twenty-four hours after receipt	338
of the notice, shall post on the database it maintains pursuant to	339
section 5120.66 of the Revised Code the offender's name and all of	340
the information specified in division (A)(1)(c)(i) of that	341
section. If the court schedules a hearing for judicial release,	342
the court promptly shall give notice of the hearing to the	343
prosecuting attorney of the county in which the eligible offender	344
was indicted. Upon receipt of the notice from the court, the	345
prosecuting attorney shall ~~notify~~do either of the following:	346

(1) Notify the victim of the offense or the victim's	347
representative pursuant to section 2930.16 of the Revised Code;	348

(2) If the offense was an offense of violence that is a	349
felony of the first, second, or third degree, send written notice	350
to the victim or the victim's representative of the hearing	351
regardless of whether the victim or the victim's representative	352
requested notification pursuant to section 2930.16 or any other	353
section of the Revised Code and, if the victim or victim's	354
representative has not provided the prosecuting attorney with a	355
mailing address, attempt to identify a mailing address for the	356
victim or the victim's representative and send the written notice	357
to that address. Division (E)(2) of this section, and the	358
notice-related provisions of division (K) of this section,	359
division (D)(1) of section 2930.16, division (H) of section	360
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of	361
section 2967.28, and division (A)(2) of section 5149.101 of the	362
Revised Code enacted in the act in which division (E)(2) of this	363
section was enacted, shall be known as "Roberta's Law."	364

(F) Upon an offender's successful completion of	365
rehabilitative activities, the head of the state correctional	366
institution may notify the sentencing court of the successful	367
completion of the activities.	368

(G) Prior to the date of the hearing on a motion for judicial	369
release under this section, the head of the state correctional	370
institution in which the eligible offender is confined shall send	371
to the court a report on the eligible offender's conduct in the	372
institution and in any institution from which the eligible	373
offender may have been transferred. The report shall cover the	374
eligible offender's participation in school, vocational training,	375
work, treatment, and other rehabilitative activities and any	376
disciplinary action taken against the eligible offender. The	377
report shall be made part of the record of the hearing.	378

(H) If the court grants a hearing on a motion for judicial	379
release under this section, the eligible offender shall attend the	380
hearing if ordered to do so by the court. Upon receipt of a copy	381
of the journal entry containing the order, the head of the state	382
correctional institution in which the eligible offender is	383
incarcerated shall deliver the eligible offender to the sheriff of	384
the county in which the hearing is to be held. The sheriff shall	385
convey the eligible offender to and from the hearing.	386

(I) At the hearing on a motion for judicial release under	387
this section, the court shall afford the eligible offender and the	388
eligible offender's attorney an opportunity to present written	389
and, if present, oral information relevant to the motion. The	390
court shall afford a similar opportunity to the prosecuting	391
attorney, the victim or the victim's representative, ~~as defined in~~	392
~~section 2930.01 of the Revised Code,~~ and any other person the	393
court determines is likely to present additional relevant	394
information. The court shall consider any statement of a victim	395
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	396
any victim impact statement prepared pursuant to section 2947.051	397
of the Revised Code, and any report made under division (G) of	398
this section. The court may consider any written statement of any	399
person submitted to the court pursuant to division (L) of this	400
section. After ruling on the motion, the court shall notify the	401
victim of the ruling in accordance with sections 2930.03 and	402
2930.16 of the Revised Code.	403

(J)(1) A court shall not grant a judicial release under this	404
section to an eligible offender who is imprisoned for a felony of	405
the first or second degree, or to an eligible offender who	406
committed an offense under Chapter 2925. or 3719. of the Revised	407
Code and for whom there was a presumption under section 2929.13 of	408
the Revised Code in favor of a prison term, unless the court, with	409
reference to factors under section 2929.12 of the Revised Code,	410
finds both of the following:	411

(a) That a sanction other than a prison term would adequately	412
punish the offender and protect the public from future criminal	413
violations by the eligible offender because the applicable factors	414
indicating a lesser likelihood of recidivism outweigh the	415
applicable factors indicating a greater likelihood of recidivism;	416

(b) That a sanction other than a prison term would not demean	417
the seriousness of the offense because factors indicating that the	418
eligible offender's conduct in committing the offense was less	419
serious than conduct normally constituting the offense outweigh	420
factors indicating that the eligible offender's conduct was more	421
serious than conduct normally constituting the offense.	422

(2) A court that grants a judicial release to an eligible	423
offender under division (J)(1) of this section shall specify on	424
the record both findings required in that division and also shall	425
list all the factors described in that division that were	426
presented at the hearing.	427

(K) If the court grants a motion for judicial release under	428
this section, the court shall order the release of the eligible	429
offender, shall place the eligible offender under an appropriate	430
community control sanction, under appropriate conditions, and	431
under the supervision of the department of probation serving the	432
court and shall reserve the right to reimpose the sentence that it	433
reduced if the offender violates the sanction. If the court	434
reimposes the reduced sentence, it may do so either concurrently	435
with, or consecutive to, any new sentence imposed upon the	436
eligible offender as a result of the violation that is a new	437
offense. The period of community control shall be no longer than	438
five years. The court, in its discretion, may reduce the period of	439
community control by the amount of time the eligible offender	440
spent in jail or prison for the offense and in prison. If the	441
court made any findings pursuant to division (J)(1) of this	442
section, the court shall serve a copy of the findings upon counsel	443
for the parties within fifteen days after the date on which the	444
court grants the motion for judicial release.	445

If the court grants a motion for judicial release, the court	446
shall notify the appropriate person at the department of	447
rehabilitation and correction, and the department shall post	448
notice of the release on the database it maintains pursuant to	449
section 5120.66 of the Revised Code. The prosecuting attorney	450
shall send written notice of any judicial release to the victim or	451
the victim's representative at the address provided by the victim	452
or victim's representative pursuant to section 2930.16 or any	453
other section of the Revised Code or the address to which the	454
prosecuting attorney sent notice of the hearing pursuant to	455
division (E)(2) of this section.	456

(L) In addition to and independent of the right of a victim	457
to make a statement pursuant to section 2930.14, 2930.17, or	458
2946.051 of the Revised Code and any right of a person to present	459
written information or make a statement pursuant to division (I)	460
of this section, any person may submit to the court, at any time	461
prior to the hearing on the offender's motion for judicial	462
release, a written statement concerning the effects of the	463
offender's crime or crimes, the circumstances surrounding the	464
crime or crimes, the manner in which the crime or crimes were	465
perpetrated, and the person's opinion as to whether the offender	466
should be released.	467

Sec. 2930.03. (A) A person or entity required or authorized	468
under this chapter to give notice to a victim shall give the	469
notice to the victim by any means reasonably calculated to provide	470
prompt actual notice. Except when a provision requires that notice	471
is to be given in a specific manner, a notice may be oral or	472
written.	473

(B) Except for receipt of the initial information and notice	474
required to be given to a victim under divisions (A) and (B) of	475
section 2930.04, section 2930.05, and divisions (A) and (B) of	476
section 2930.06 of the Revised Code and the notice required to be	477
given to a victim under division (D) of section 2930.16 of the	478
Revised Code, a victim who wishes to receive any notice authorized	479
by this chapter shall make a request for the notice to the	480
prosecutor or the custodial agency that is to provide the notice,	481
as specified in this chapter. If the victim does not make a	482
request as described in this division, the prosecutor or custodial	483
agency is not required to provide any notice described in this	484
chapter other than the initial information and notice required to	485
be given to a victim under divisions (A) and (B) of section	486
2930.04, section 2930.05, and divisions (A) and (B) of section	487
2930.06 of the Revised Code and the notice required to be given to	488
a victim under division (D) of section 2930.16 of the Revised	489
Code.	490

(C) A person or agency that is required to furnish notice	491
under this chapter shall give the notice to the victim at the	492
address or telephone number provided to the person or agency by	493
the victim. A victim who requests to receive notice under this	494
chapter as described in division (B) of this section shall inform	495
the person or agency of the name, address, or telephone number of	496
the victim and of any change to that information.	497

(D) A person or agency that has furnished information to a	498
victim in accordance with any requirement or authorization under	499
this chapter shall notify the victim promptly of any significant	500
changes to that information.	501

(E) Divisions (A) to (D) of this section do not apply	502
regarding a notice that a prosecutor is required to provide under	503
section 2930.061 of the Revised Code. A prosecutor required to	504
provide notice under that section shall provide the notice as	505
specified in that section.	506

Sec. 2930.06. (A) The prosecutor in a case, to the extent	507
practicable, shall confer with the victim in the case before	508
pretrial diversion is granted to the defendant or alleged juvenile	509
offender in the case, before amending or dismissing an indictment,	510
information, or complaint against that defendant or alleged	511
juvenile offender, before agreeing to a negotiated plea for that	512
defendant or alleged juvenile offender, before a trial of that	513
defendant by judge or jury, or before the juvenile court conducts	514
an adjudicatory hearing for that alleged juvenile offender. If the	515
juvenile court disposes of a case prior to the prosecutor's	516
involvement in the case, the court or a court employee shall	517
notify the victim in the case that the alleged juvenile offender	518
will be granted pretrial diversion, the complaint against that	519
alleged juvenile offender will be amended or dismissed, or the	520
court will conduct an adjudicatory hearing for that alleged	521
juvenile offender. If the prosecutor fails to confer with the	522
victim at any of those times, the court, if informed of the	523
failure, shall note on the record the failure and the prosecutor's	524
reasons for the failure. A prosecutor's failure to confer with a	525
victim as required by this division and a court's failure to	526
provide the notice as required by this division do not affect the	527
validity of an agreement between the prosecutor and the defendant	528
or alleged juvenile offender in the case, a pretrial diversion of	529
the defendant or alleged juvenile offender, an amendment or	530
dismissal of an indictment, information, or complaint filed	531
against the defendant or alleged juvenile offender, a plea entered	532
by the defendant or alleged juvenile defender, an admission	533
entered by the defendant or alleged juvenile offender, or any	534
other disposition in the case. A court shall not dismiss a	535
criminal complaint, charge, information, or indictment or a	536
delinquent child complaint solely at the request of the victim and	537
over the objection of the prosecuting attorney, village solicitor,	538
city director of law, or other chief legal officer responsible for	539
the prosecution of the case.	540

(B) After a prosecution in a case has been commenced, the	541
prosecutor or a designee of the prosecutor other than a court or	542
court employee, to the extent practicable, promptly shall give the	543
victim all of the following information, except that, if the	544
juvenile court disposes of a case prior to the prosecutor's	545
involvement in the case, the court or a court employee, to the	546
extent practicable, promptly shall give the victim all of the	547
following information:	548

(1) The name of the crime or specified delinquent act with	549
which the defendant or alleged juvenile offender in the case has	550
been charged and the name of the defendant or alleged juvenile	551
offender;	552

(2) The file number of the case;

553

(3) A brief statement regarding the procedural steps in a	554
criminal prosecution or delinquency proceeding involving a crime	555
or specified delinquent act similar to the crime or specified	556
delinquent act with which the defendant or alleged juvenile	557
offender has been charged and the right of the victim to be	558
present during all proceedings held throughout the prosecution of	559
the case;	560

(4) A summary of the rights of a victim under this chapter;

561

(5) Procedures the victim or the prosecutor may follow if the	562
victim becomes subject to threats or intimidation by the	563
defendant, alleged juvenile offender, or any other person;	564

(6) The name and business telephone number of a person to	565
contact for further information with respect to the case;	566

(7) The right of the victim to have a victim's representative	567
exercise the victim's rights under this chapter in accordance with	568
section 2930.02 of the Revised Code and the procedure by which a	569
victim's representative may be designated;	570

(8) Notice that any notification under division (C) of this	571
section, sections 2930.07 to 2930.15, division (A), (B), or (C) of	572
section 2930.16, sections 2930.17 to 2930.19, and section 5139.56	573
of the Revised Code will be given to the victim only if the victim	574
asks to receive the notification and that notice under division	575
(D) of section 2930.16 of the Revised Code will be given	576
regardless of whether the victim asks to receive the notification.	577

(C) Upon the request of the victim, the prosecutor or, if it	578
is a delinquency proceeding and a prosecutor is not involved in	579
the case, the court shall give the victim notice of the date,	580
time, and place of any scheduled criminal or juvenile proceedings	581
in the case and notice of any changes in those proceedings or in	582
the schedule in the case.	583

(D) A victim who requests notice under division (C) of this	584
section and who elects pursuant to division (B) of section 2930.03	585
of the Revised Code to receive any further notice from the	586
prosecutor or, if it is a delinquency proceeding and a prosecutor	587
is not involved in the case, the court under this chapter shall	588
keep the prosecutor or the court informed of the victim's current	589
address and telephone number until the case is dismissed or	590
terminated, the defendant is acquitted or sentenced, the	591
delinquent child complaint is dismissed, the defendant is	592
adjudicated a delinquent child, or the appellate process is	593
completed, whichever is the final disposition in the case.	594

(E) If a defendant is charged with the commission of a	595
misdemeanor offense that is not identified in division (A)(2) of	596
section 2930.01 of the Revised Code and if a police report or a	597
complaint, indictment, or information that charges the commission	598
of that offense and provides the basis for a criminal prosecution	599
of that defendant identifies one or more individuals as	600
individuals against whom that offense was committed, after a	601
prosecution in the case has been commenced, the prosecutor or a	602
designee of the prosecutor other than a court or court employee,	603
to the extent practicable, promptly shall notify each of the	604
individuals so identified in the report, complaint, indictment, or	605
information that, if the defendant is convicted of or pleads	606
guilty to the offense, the individual may make an oral or written	607
statement to the court hearing the case regarding the sentence to	608
be imposed upon the defendant and that the court must consider any	609
statement so made that is relevant. Before imposing sentence in	610
the case, the court shall permit the individuals so identified in	611
the report, complaint, indictment, or information to make an oral	612
or written statement. Division (A) of section 2930.14 of the	613
Revised Code applies regarding any statement so made. The court	614
shall consider a statement so made, in accordance with division	615
(B) of that section and division (D) of section 2929.22 of the	616
Revised Code.	617

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	618
in a case who has requested to receive notice under this section	619
shall be given notice of the incarceration of the defendant. If an	620
alleged juvenile offender is committed to the temporary custody of	621
a school, camp, institution, or other facility operated for the	622
care of delinquent children or to the legal custody of the	623
department of youth services, a victim in a case who has requested	624
to receive notice under this section shall be given notice of the	625
commitment. Promptly after sentence is imposed upon the defendant	626
or the commitment of the alleged juvenile offender is ordered, the	627
prosecutor in the case shall notify the victim of the date on	628
which the defendant will be released from confinement or the	629
prosecutor's reasonable estimate of that date or the date on which	630
the alleged juvenile offender will have served the minimum period	631
of commitment or the prosecutor's reasonable estimate of that	632
date. The prosecutor also shall notify the victim of the name of	633
the custodial agency of the defendant or alleged juvenile offender	634
and tell the victim how to contact that custodial agency. If the	635
custodial agency is the department of rehabilitation and	636
correction, the prosecutor shall notify the victim of the services	637
offered by the office of victims' services pursuant to section	638
5120.60 of the Revised Code. If the custodial agency is the	639
department of youth services, the prosecutor shall notify the	640
victim of the services provided by the office of victims' services	641
within the release authority of the department pursuant to section	642
5139.55 of the Revised Code and the victim's right pursuant to	643
section 5139.56 of the Revised Code to submit a written request to	644
the release authority to be notified of actions the release	645
authority takes with respect to the alleged juvenile offender. The	646
victim shall keep the custodial agency informed of the victim's	647
current address and telephone number.	648

(B)(1) Upon the victim's request or in accordance with	649
division (D) of this section, the prosecutor promptly shall notify	650
the victim of any hearing for judicial release of the defendant	651
pursuant to section 2929.20 of the Revised Code or of any hearing	652
for judicial release or early release of the alleged juvenile	653
offender pursuant to section 2151.38 of the Revised Code and of	654
the victim's right to make a statement under those sections. The	655
court shall notify the victim of its ruling in each of those	656
hearings and on each of those applications.	657

(2) If an offender is sentenced to a prison term pursuant to	658
division (A)(3) or (B) of section 2971.03 of the Revised Code,	659
upon the request of the victim of the crime or in accordance with	660
division (D) of this section, the prosecutor promptly shall notify	661
the victim of any hearing to be conducted pursuant to section	662
2971.05 of the Revised Code to determine whether to modify the	663
requirement that the offender serve the entire prison term in a	664
state correctional facility in accordance with division (C) of	665
that section, whether to continue, revise, or revoke any existing	666
modification of that requirement, or whether to terminate the	667
prison term in accordance with division (D) of that section. The	668
court shall notify the victim of any order issued at the	669
conclusion of the hearing.	670

(C) Upon the victim's request made at any time before the	671
particular notice would be due or in accordance with division (D)	672
of this section, the custodial agency of a defendant or alleged	673
juvenile offender shall give the victim any of the following	674
notices that is applicable:	675

(1) At least ~~three weeks~~sixty days before the adult parole	676
authority recommends a pardon or commutation of sentence for the	677
defendant or at least ~~three weeks~~sixty days prior to a hearing	678
before the adult parole authority regarding a grant of parole to	679
the defendant, notice of the victim's right to submit a statement	680
regarding the impact of the defendant's release in accordance with	681
section 2967.12 of the Revised Code and, if applicable, of the	682
victim's right to appear at a full board hearing of the parole	683
board to give testimony as authorized by section 5149.101 of the	684
Revised Code;	685

(2) At least ~~three weeks~~sixty days before the defendant is	686
transferred to transitional control under section 2967.26 of the	687
Revised Code, notice of the pendency of the transfer and of the	688
victim's right under that section to submit a statement regarding	689
the impact of the transfer;	690

(3) At least ~~thirty~~sixty days before the release authority	691
of the department of youth services holds a release review,	692
release hearing, or discharge review for the alleged juvenile	693
offender, notice of the pendency of the review or hearing, of the	694
victim's right to make an oral or written statement regarding the	695
impact of the crime upon the victim or regarding the possible	696
release or discharge, and, if the notice pertains to a hearing, of	697
the victim's right to attend and make statements or comments at	698
the hearing as authorized by section 5139.56 of the Revised Code;	699

(4) Prompt notice of the defendant's or alleged juvenile	700
offender's escape from a facility of the custodial agency in which	701
the defendant was incarcerated or in which the alleged juvenile	702
offender was placed after commitment, of the defendant's or	703
alleged juvenile offender's absence without leave from a mental	704
health or mental retardation and developmental disabilities	705
facility or from other custody, and of the capture of the	706
defendant or alleged juvenile offender after an escape or absence;	707

(5) Notice of the defendant's or alleged juvenile offender's	708
death while in confinement or custody;	709

(6) Notice of the defendant's or alleged juvenile offender's	710
release from confinement or custody and the terms and conditions	711
of the release.	712

(D)(1) If a defendant is incarcerated for the commission of	713
an offense of violence that is a felony of the first, second, or	714
third degree or if an alleged juvenile offender has been charged	715
with the commission of an act that would be an offense of violence	716
that is a felony of the first, second, or third degree if	717
committed by an adult, the notices described in divisions (B) and	718
(C) of this section shall be given regardless of whether the	719
victim requested notice. The custodial agency shall give similar	720
notice to the prosecutor in the case, to the sentencing court, to	721
the law enforcement agency that arrested the defendant or alleged	722
juvenile offender, and to any other person who requests	723
notification. The custodial agency shall attempt to identify a	724
mailing address for the victim and send notice to that address by	725
ordinary mail. Division (D)(1) of this section, and the	726
notice-related provisions of divisions (E)(2) and (K) of section	727
2929.20, division (H) of section 2967.12, division (A)(3)(b) of	728
section 2967.26, division (D)(1) of section 2967.28, and division	729
(A)(2) of section 5149.101 of the Revised Code enacted in the act	730
in which division (D)(1) of this section was enacted, shall be	731
known as "Roberta's Law."	732

(2) The custodial agency shall keep a record of notices sent	733
pursuant to division (D)(1) of this section. The record shall be	734
kept in a manner that allows public inspection of notices to	735
persons other than victims without revealing the names, addresses,	736
or other identifying information relating to victims. The record	737
of notices to victims is not a public record. The record of	738
notices to persons other than victims is a public record.	739

(E) The adult parole authority shall adopt rules under	740
Chapter 119. of the Revised Code providing for a victim conference	741
prior to a parole hearing in the case of a prisoner who is	742
incarcerated for the commission of an offense of violence that is	743
a felony of the first, second, or third degree. The rules shall	744
provide for, but not be limited to, all of the following:	745

(1) Attendance by the victim, members of the victim's family,	746
the victim's representative, and, if practicable, other	747
individuals;	748

(2) Allotment of at least one hour for the conference;

749

(3) The order of priority in which persons in attendance may	750
speak and permission for any person in attendance to speak if time	751
allows;	752

(4) Attendance by the news media upon request of the victim,	753
members of the victim's family, the victim's representative, or,	754
if none of those persons attend, a victims'-rights advocate;	755

(5) Recording of the conference by videotape or other media.

756

Sec. 2950.01. As used in this chapter, unless the context	757
clearly requires otherwise:	758

(A) "Sexually oriented offense" means any of the following	759
violations or offenses committed by a person, regardless of the	760
person's age:	761

(1) A violation of section 2907.02, 2907.03, 2907.05,	762
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	763
or 2907.323 of the Revised Code;	764

(2) A violation of section 2907.04 of the Revised Code when	765
the offender is less than four years older than the other person	766
with whom the offender engaged in sexual conduct, the other person	767
did not consent to the sexual conduct, and the offender previously	768
has not been convicted of or pleaded guilty to a violation of	769
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	770
violation of former section 2907.12 of the Revised Code;	771

(3) A violation of section 2907.04 of the Revised Code when	772
the offender is at least four years older than the other person	773
with whom the offender engaged in sexual conduct or when the	774
offender is less than four years older than the other person with	775
whom the offender engaged in sexual conduct and the offender	776
previously has been convicted of or pleaded guilty to a violation	777
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	778
violation of former section 2907.12 of the Revised Code;	779

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	780
the Revised Code when the violation was committed with a sexual	781
motivation;	782

(5) A violation of division (A) of section 2903.04 of the	783
Revised Code when the offender committed or attempted to commit	784
the felony that is the basis of the violation with a sexual	785
motivation;	786

(6) A violation of division (A)(3) of section 2903.211 of the	787
Revised Code;	788

(7) A violation of division (A)(1), (2), (3), or (5) of	789
section 2905.01 of the Revised Code when the offense is committed	790
with a sexual motivation;	791

(8) A violation of division (A)(4) of section 2905.01 of the	792
Revised Code;	793

(9) A violation of division (B) of section 2905.01 of the	794
Revised Code when the victim of the offense is under eighteen	795
years of age and the offender is not a parent of the victim of the	796
offense;	797

(10) A violation of division (B) of section 2903.03, of	798
division (B) of section 2905.02, of division (B) of section	799
2905.03, of division (B) of section 2905.05, or of division (B)(5)	800
of section 2919.22 of the Revised Code;	801

(11) A violation of any former law of this state, any	802
existing or former municipal ordinance or law of another state or	803
the United States, any existing or former law applicable in a	804
military court or in an Indian tribal court, or any existing or	805
former law of any nation other than the United States that is or	806
was substantially equivalent to any offense listed in division	807
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	808
section;	809

(12) Any attempt to commit, conspiracy to commit, or	810
complicity in committing any offense listed in division (A)(1),	811
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	812
section.	813

(B)(1) "Sex offender" means, subject to division (B)(2) of	814
this section, a person who is convicted of, pleads guilty to, has	815
been convicted of, has pleaded guilty to, is adjudicated a	816
delinquent child for committing, or has been adjudicated a	817
delinquent child for committing any sexually oriented offense.	818

(2) "Sex offender" does not include a person who is convicted	819
of, pleads guilty to, has been convicted of, has pleaded guilty	820
to, is adjudicated a delinquent child for committing, or has been	821
adjudicated a delinquent child for committing a sexually oriented	822
offense if the offense involves consensual sexual conduct or	823
consensual sexual contact and either of the following applies:	824

(a) The victim of the sexually oriented offense was eighteen	825
years of age or older and at the time of the sexually oriented	826
offense was not under the custodial authority of the person who is	827
convicted of, pleads guilty to, has been convicted of, has pleaded	828
guilty to, is adjudicated a delinquent child for committing, or	829
has been adjudicated a delinquent child for committing the	830
sexually oriented offense.	831

(b) The victim of the offense was thirteen years of age or	832
older, and the person who is convicted of, pleads guilty to, has	833
been convicted of, has pleaded guilty to, is adjudicated a	834
delinquent child for committing, or has been adjudicated a	835
delinquent child for committing the sexually oriented offense is	836
not more than four years older than the victim.	837

(C) "Child-victim oriented offense" means any of the	838
following violations or offenses committed by a person, regardless	839
of the person's age, when the victim is under eighteen years of	840
age and is not a child of the person who commits the violation:	841

(1) A violation of division (A)(1), (2), (3), or (5) of	842
section 2905.01 of the Revised Code when the violation is not	843
included in division (A)(7) of this section;	844

(2) A violation of division (A) of section 2905.02, division	845
(A) of section 2905.03, or division (A) of section 2905.05 of the	846
Revised Code;	847

(3) A violation of any former law of this state, any existing	848
or former municipal ordinance or law of another state or the	849
United States, any existing or former law applicable in a military	850
court or in an Indian tribal court, or any existing or former law	851
of any nation other than the United States that is or was	852
substantially equivalent to any offense listed in division (C)(1)	853
or (2) of this section;	854

(4) Any attempt to commit, conspiracy to commit, or	855
complicity in committing any offense listed in division (C)(1),	856
(2), or (3) of this section.	857

(D) "Child-victim offender" means a person who is convicted	858
of, pleads guilty to, has been convicted of, has pleaded guilty	859
to, is adjudicated a delinquent child for committing, or has been	860
adjudicated a delinquent child for committing any child-victim	861
oriented offense.	862

(E) "Tier I sex offender/child-victim offender" means any of	863
the following:	864

(1) A sex offender who is convicted of, pleads guilty to, has	865
been convicted of, or has pleaded guilty to any of the following	866
sexually oriented offenses:	867

(a) A violation of section 2907.06, 2907.07, 2907.08, or	868
2907.32 of the Revised Code;	869

(b) A violation of section 2907.04 of the Revised Code when	870
the offender is less than four years older than the other person	871
with whom the offender engaged in sexual conduct, the other person	872
did not consent to the sexual conduct, and the offender previously	873
has not been convicted of or pleaded guilty to a violation of	874
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	875
violation of former section 2907.12 of the Revised Code;	876

(c) A violation of division (A)(1), (2), (3), or (5) of	877
section 2907.05 of the Revised Code;	878

(d) A violation of division (A)(3) of section 2907.323 of the	879
Revised Code;	880

(e) A violation of division (A)(3) of section 2903.211, of	881
division (B) of section 2905.03, or of division (B) of section	882
2905.05 of the Revised Code;	883

(f) A violation of any former law of this state, any existing	884
or former municipal ordinance or law of another state or the	885
United States, any existing or former law applicable in a military	886
court or in an Indian tribal court, or any existing or former law	887
of any nation other than the United States, that is or was	888
substantially equivalent to any offense listed in division	889
(E)(1)(a), (b), (c), (d), or (e) of this section;	890

(g) Any attempt to commit, conspiracy to commit, or	891
complicity in committing any offense listed in division (E)(1)(a),	892
(b), (c), (d), (e), or (f) of this section.	893

(2) A child-victim offender who is convicted of, pleads	894
guilty to, has been convicted of, or has pleaded guilty to a	895
child-victim oriented offense and who is not within either	896
category of child-victim offender described in division (F)(2) or	897
(G)(2) of this section.	898

(3) A sex offender who is adjudicated a delinquent child for	899
committing or has been adjudicated a delinquent child for	900
committing any sexually oriented offense and who a juvenile court,	901
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	902
Revised Code, classifies a tier I sex offender/child-victim	903
offender relative to the offense.	904

(4) A child-victim offender who is adjudicated a delinquent	905
child for committing or has been adjudicated a delinquent child	906
for committing any child-victim oriented offense and who a	907
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	908
2152.85 of the Revised Code, classifies a tier I sex	909
offender/child-victim offender relative to the offense.	910

(F) "Tier II sex offender/child-victim offender" means any of	911
the following:	912

(1) A sex offender who is convicted of, pleads guilty to, has	913
been convicted of, or has pleaded guilty to any of the following	914
sexually oriented offenses:	915

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	916
the Revised Code;	917

(b) A violation of section 2907.04 of the Revised Code when	918
the offender is at least four years older than the other person	919
with whom the offender engaged in sexual conduct, or when the	920
offender is less than four years older than the other person with	921
whom the offender engaged in sexual conduct and the offender	922
previously has been convicted of or pleaded guilty to a violation	923
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	924
former section 2907.12 of the Revised Code;	925

(c) A violation of division (A)(4) of section 2907.05 or of	926
division (A)(1) or (2) of section 2907.323 of the Revised Code;	927

(d) A violation of division (A)(1), (2), (3), or (5) of	928
section 2905.01 of the Revised Code when the offense is committed	929
with a sexual motivation;	930

(e) A violation of division (A)(4) of section 2905.01 of the	931
Revised Code when the victim of the offense is eighteen years of	932
age or older;	933

(f) A violation of division (B) of section 2905.02 or of	934
division (B)(5) of section 2919.22 of the Revised Code;	935

(g) A violation of any former law of this state, any existing	936
or former municipal ordinance or law of another state or the	937
United States, any existing or former law applicable in a military	938
court or in an Indian tribal court, or any existing or former law	939
of any nation other than the United States that is or was	940
substantially equivalent to any offense listed in division	941
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	942

(h) Any attempt to commit, conspiracy to commit, or	943
complicity in committing any offense listed in division (F)(1)(a),	944
(b), (c), (d), (e), (f), or (g) of this section;	945

(i) Any sexually oriented offense that is committed after the	946
sex offender previously has been convicted of, pleaded guilty to,	947
or has been adjudicated a delinquent child for committing any	948
sexually oriented offense or child-victim oriented offense for	949
which the offender was classified a tier I sex	950
offender/child-victim offender.	951

(2) A child-victim offender who is convicted of, pleads	952
guilty to, has been convicted of, or has pleaded guilty to any	953
child-victim oriented offense when the child-victim oriented	954
offense is committed after the child-victim offender previously	955
has been convicted of, pleaded guilty to, or been adjudicated a	956
delinquent child for committing any sexually oriented offense or	957
child-victim oriented offense for which the offender was	958
classified a tier I sex offender/child-victim offender.	959

(3) A sex offender who is adjudicated a delinquent child for	960
committing or has been adjudicated a delinquent child for	961
committing any sexually oriented offense and who a juvenile court,	962
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	963
Revised Code, classifies a tier II sex offender/child-victim	964
offender relative to the offense.	965

(4) A child-victim offender who is adjudicated a delinquent	966
child for committing or has been adjudicated a delinquent child	967
for committing any child-victim oriented offense and whom a	968
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	969
2152.85 of the Revised Code, classifies a tier II sex	970
offender/child-victim offender relative to the current offense.	971

(5) A sex offender or child-victim offender who is not in any	972
category of tier II sex offender/child-victim offender set forth	973
in division (F)(1), (2), (3), or (4) of this section, who prior to	974
January 1, 2008, was adjudicated a delinquent child for committing	975
a sexually oriented offense or child-victim oriented offense, and	976
who prior to that date was determined to be a habitual sex	977
offender or determined to be a habitual child-victim offender,	978
unless either of the following applies:	979

(a) The sex offender or child-victim offender is reclassified	980
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	981
tier I sex offender/child-victim offender or a tier III sex	982
offender/child-victim offender relative to the offense.	983

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	984
2152.84, or 2152.85 of the Revised Code, classifies the child a	985
tier I sex offender/child-victim offender or a tier III sex	986
offender/child-victim offender relative to the offense.	987

(G) "Tier III sex offender/child-victim offender" means any	988
of the following:	989

(1) A sex offender who is convicted of, pleads guilty to, has	990
been convicted of, or has pleaded guilty to any of the following	991
sexually oriented offenses:	992

(a) A violation of section 2907.02 or 2907.03 of the Revised	993
Code;	994

(b) A violation of division (B) of section 2907.05 of the	995
Revised Code;	996

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	997
the Revised Code when the violation was committed with a sexual	998
motivation;	999

(d) A violation of division (A) of section 2903.04 of the	1000
Revised Code when the offender committed or attempted to commit	1001
the felony that is the basis of the violation with a sexual	1002
motivation;	1003

(e) A violation of division (A)(4) of section 2905.01 of the	1004
Revised Code when the victim of the offense is under eighteen	1005
years of age;	1006

(f) A violation of division (B) of section 2905.01 of the	1007
Revised Code when the victim of the offense is under eighteen	1008
years of age and the offender is not a parent of the victim of the	1009
offense;	1010

(g) A violation of division (B) of section 2903.03 of the	1011
Revised Code;	1012

(h) A violation of any former law of this state, any existing	1013
or former municipal ordinance or law of another state or the	1014
United States, any existing or former law applicable in a military	1015
court or in an Indian tribal court, or any existing or former law	1016
of any nation other than the United States that is or was	1017
substantially equivalent to any offense listed in division	1018
(G)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;	1019

~~(h)~~(i) Any attempt to commit, conspiracy to commit, or	1020
complicity in committing any offense listed in division (G)(1)(a),	1021
(b), (c), (d), (e), (f), or (g), or (h) of this section;	1022

~~(i)~~(j) Any sexually oriented offense that is committed after	1023
the sex offender previously has been convicted of, pleaded guilty	1024
to, or been adjudicated a delinquent child for committing any	1025
sexually oriented offense or child-victim oriented offense for	1026
which the offender was classified a tier II sex	1027
offender/child-victim offender or a tier III sex	1028
offender/child-victim offender.	1029

(2) A child-victim offender who is convicted of, pleads	1030
guilty to, has been convicted of, or has pleaded guilty to any	1031
child-victim oriented offense when the child-victim oriented	1032
offense is committed after the child-victim offender previously	1033
has been convicted of, pleaded guilty to, or been adjudicated a	1034
delinquent child for committing any sexually oriented offense or	1035
child-victim oriented offense for which the offender was	1036
classified a tier II sex offender/child-victim offender or a tier	1037
III sex offender/child-victim offender.	1038

(3) A sex offender who is adjudicated a delinquent child for	1039
committing or has been adjudicated a delinquent child for	1040
committing any sexually oriented offense and who a juvenile court,	1041
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1042
Revised Code, classifies a tier III sex offender/child-victim	1043
offender relative to the offense.	1044

(4) A child-victim offender who is adjudicated a delinquent	1045
child for committing or has been adjudicated a delinquent child	1046
for committing any child-victim oriented offense and whom a	1047
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1048
2152.85 of the Revised Code, classifies a tier III sex	1049
offender/child-victim offender relative to the current offense.	1050

(5) A sex offender or child-victim offender who is not in any	1051
category of tier III sex offender/child-victim offender set forth	1052
in division (G)(1), (2), (3), or (4) of this section, who prior to	1053
January 1, 2008, was convicted of or pleaded guilty to a sexually	1054
oriented offense or child-victim oriented offense or was	1055
adjudicated a delinquent child for committing a sexually oriented	1056
offense or child-victim oriented offense and classified a juvenile	1057
offender registrant, and who prior to that date was adjudicated a	1058
sexual predator or adjudicated a child-victim predator, unless	1059
either of the following applies:	1060

(a) The sex offender or child-victim offender is reclassified	1061
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1062
tier I sex offender/child-victim offender or a tier II sex	1063
offender/child-victim offender relative to the offense.	1064

(b) The sex offender or child-victim offender is a delinquent	1065
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	1066
2152.84, or 2152.85 of the Revised Code, classifies the child a	1067
tier I sex offender/child-victim offender or a tier II sex	1068
offender/child-victim offender relative to the offense.	1069

(6) A sex offender who is convicted of, pleads guilty to, was	1070
convicted of, or pleaded guilty to a sexually oriented offense, if	1071
the sexually oriented offense and the circumstances in which it	1072
was committed are such that division (F) of section 2971.03 of the	1073
Revised Code automatically classifies the offender as a tier III	1074
sex offender/child-victim offender;	1075

(7) A sex offender or child-victim offender who is convicted	1076
of, pleads guilty to, was convicted of, pleaded guilty to, is	1077
adjudicated a delinquent child for committing, or was adjudicated	1078
a delinquent child for committing a sexually oriented offense or	1079
child-victim offense in another state, in a federal court,	1080
military court, or Indian tribal court, or in a court in any	1081
nation other than the United States if both of the following	1082
apply:	1083

(a) Under the law of the jurisdiction in which the offender	1084
was convicted or pleaded guilty or the delinquent child was	1085
adjudicated, the offender or delinquent child is in a category	1086
substantially equivalent to a category of tier III sex	1087
offender/child-victim offender described in division (G)(1), (2),	1088
(3), (4), (5), or (6) of this section.	1089

(b) Subsequent to the conviction, plea of guilty, or	1090
adjudication in the other jurisdiction, the offender or delinquent	1091
child resides, has temporary domicile, attends school or an	1092
institution of higher education, is employed, or intends to reside	1093
in this state in any manner and for any period of time that	1094
subjects the offender or delinquent child to a duty to register or	1095
provide notice of intent to reside under section 2950.04 or	1096
2950.041 of the Revised Code.	1097

(H) "Confinement" includes, but is not limited to, a	1098
community residential sanction imposed pursuant to section 2929.16	1099
or 2929.26 of the Revised Code.	1100

(I) "Prosecutor" has the same meaning as in section 2935.01	1101
of the Revised Code.	1102

(J) "Supervised release" means a release of an offender from	1103
a prison term, a term of imprisonment, or another type of	1104
confinement that satisfies either of the following conditions:	1105

(1) The release is on parole, a conditional pardon, under a	1106
community control sanction, under transitional control, or under a	1107
post-release control sanction, and it requires the person to	1108
report to or be supervised by a parole officer, probation officer,	1109
field officer, or another type of supervising officer.	1110

(2) The release is any type of release that is not described	1111
in division (J)(1) of this section and that requires the person to	1112
report to or be supervised by a probation officer, a parole	1113
officer, a field officer, or another type of supervising officer.	1114

(K) "Sexually violent predator specification," "sexually	1115
violent predator," "sexually violent offense," "sexual motivation	1116
specification," "designated homicide, assault, or kidnapping	1117
offense," and "violent sex offense" have the same meanings as in	1118
section 2971.01 of the Revised Code.	1119

(L) "Post-release control sanction" and "transitional	1120
control" have the same meanings as in section 2967.01 of the	1121
Revised Code.	1122

(M) "Juvenile offender registrant" means a person who is	1123
adjudicated a delinquent child for committing on or after January	1124
1, 2002, a sexually oriented offense or a child-victim oriented	1125
offense, who is fourteen years of age or older at the time of	1126
committing the offense, and who a juvenile court judge, pursuant	1127
to an order issued under section 2152.82, 2152.83, 2152.84,	1128
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	1129
offender registrant and specifies has a duty to comply with	1130
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1131
Code. "Juvenile offender registrant" includes a person who prior	1132
to January 1, 2008, was a "juvenile offender registrant" under the	1133
definition of the term in existence prior to January 1, 2008, and	1134
a person who prior to July 31, 2003, was a "juvenile sex offender	1135
registrant" under the former definition of that former term.	1136

(N) "Public registry-qualified juvenile offender registrant"	1137
means a person who is adjudicated a delinquent child and on whom a	1138
juvenile court has imposed a serious youthful offender	1139
dispositional sentence under section 2152.13 of the Revised Code	1140
before, on, or after January 1, 2008, and to whom all of the	1141
following apply:	1142

(1) The person is adjudicated a delinquent child for	1143
committing, attempting to commit, conspiring to commit, or	1144
complicity in committing one of the following acts:	1145

(a) A violation of section 2907.02 of the Revised Code,	1146
division (B) of section 2907.05 of the Revised Code, or section	1147
2907.03 of the Revised Code if the victim of the violation was	1148
less than twelve years of age;	1149

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	1150
the Revised Code that was committed with a purpose to gratify the	1151
sexual needs or desires of the child;	1152

(c) A violation of division (B) of section 2903.03 of the	1153
Revised Code.	1154

(2) The person was fourteen, fifteen, sixteen, or seventeen	1155
years of age at the time of committing the act.	1156

(3) A juvenile court judge, pursuant to an order issued under	1157
section 2152.86 of the Revised Code, classifies the person a	1158
juvenile offender registrant, specifies the person has a duty to	1159
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1160
Code, and classifies the person a public registry-qualified	1161
juvenile offender registrant, and the classification of the person	1162
as a public registry-qualified juvenile offender registrant has	1163
not been terminated pursuant to division (D) of section 2152.86 of	1164
the Revised Code.	1165

(O) "Secure facility" means any facility that is designed and	1166
operated to ensure that all of its entrances and exits are locked	1167
and under the exclusive control of its staff and to ensure that,	1168
because of that exclusive control, no person who is	1169
institutionalized or confined in the facility may leave the	1170
facility without permission or supervision.	1171

(P) "Out-of-state juvenile offender registrant" means a	1172
person who is adjudicated a delinquent child in a court in another	1173
state, in a federal court, military court, or Indian tribal court,	1174
or in a court in any nation other than the United States for	1175
committing a sexually oriented offense or a child-victim oriented	1176
offense, who on or after January 1, 2002, moves to and resides in	1177
this state or temporarily is domiciled in this state for more than	1178
five days, and who has a duty under section 2950.04 or 2950.041 of	1179
the Revised Code to register in this state and the duty to	1180
otherwise comply with that applicable section and sections 2950.05	1181
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	1182
registrant" includes a person who prior to January 1, 2008, was an	1183
"out-of-state juvenile offender registrant" under the definition	1184
of the term in existence prior to January 1, 2008, and a person	1185
who prior to July 31, 2003, was an "out-of-state juvenile sex	1186
offender registrant" under the former definition of that former	1187
term.	1188

(Q) "Juvenile court judge" includes a magistrate to whom the	1189
juvenile court judge confers duties pursuant to division (A)(15)	1190
of section 2151.23 of the Revised Code.	1191

(R) "Adjudicated a delinquent child for committing a sexually	1192
oriented offense" includes a child who receives a serious youthful	1193
offender dispositional sentence under section 2152.13 of the	1194
Revised Code for committing a sexually oriented offense.	1195

(S) "School" and "school premises" have the same meanings as	1196
in section 2925.01 of the Revised Code.	1197

(T) "Residential premises" means the building in which a	1198
residential unit is located and the grounds upon which that	1199
building stands, extending to the perimeter of the property.	1200
"Residential premises" includes any type of structure in which a	1201
residential unit is located, including, but not limited to,	1202
multi-unit buildings and mobile and manufactured homes.	1203

(U) "Residential unit" means a dwelling unit for residential	1204
use and occupancy, and includes the structure or part of a	1205
structure that is used as a home, residence, or sleeping place by	1206
one person who maintains a household or two or more persons who	1207
maintain a common household. "Residential unit" does not include a	1208
halfway house or a community-based correctional facility.	1209

(V) "Multi-unit building" means a building in which is	1210
located more than twelve residential units that have entry doors	1211
that open directly into the unit from a hallway that is shared	1212
with one or more other units. A residential unit is not considered	1213
located in a multi-unit building if the unit does not have an	1214
entry door that opens directly into the unit from a hallway that	1215
is shared with one or more other units or if the unit is in a	1216
building that is not a multi-unit building as described in this	1217
division.	1218

(W) "Community control sanction" has the same meaning as in	1219
section 2929.01 of the Revised Code.	1220

(X) "Halfway house" and "community-based correctional	1221
facility" have the same meanings as in section 2929.01 of the	1222
Revised Code.	1223

Sec. 2967.03. The adult parole authority may exercise its	1224
functions and duties in relation to the pardon, commutation of	1225
sentence, or reprieve of a convict upon direction of the governor	1226
or upon its own initiative. It may exercise its functions and	1227
duties in relation to the parole of a prisoner who is eligible for	1228
parole upon the initiative of the head of the institution in which	1229
the prisoner is confined or upon its own initiative. When a	1230
prisoner becomes eligible for parole, the head of the institution	1231
in which the prisoner is confined shall notify the authority in	1232
the manner prescribed by the authority. The authority may	1233
investigate and examine, or cause the investigation and	1234
examination of, prisoners confined in state correctional	1235
institutions concerning their conduct in the institutions, their	1236
mental and moral qualities and characteristics, their knowledge of	1237
a trade or profession, their former means of livelihood, their	1238
family relationships, and any other matters affecting their	1239
fitness to be at liberty without being a threat to society.	1240

The authority may recommend to the governor the pardon,	1241
commutation of sentence, medical release, or reprieve of any	1242
convict or prisoner or grant a parole to any prisoner for whom	1243
parole is authorized, if in its judgment there is reasonable	1244
ground to believe that granting a pardon, commutation, medical	1245
release, or reprieve to the convict or paroling the prisoner would	1246
further the interests of justice and be consistent with the	1247
welfare and security of society. However, the authority shall not	1248
recommend a pardon, commutation of sentence, or medical release	1249
of, or grant a parole to, any convict or prisoner until the	1250
authority has complied with the applicable notice requirements of	1251
sections 2930.16 and 2967.12 of the Revised Code and until it has	1252
considered any statement made by a victim or a victim's	1253
representative that is relevant to the convict's or prisoner's	1254
case and that was sent to the authority pursuant to section	1255
2930.17 of the Revised Code, any other statement made by a victim	1256
or a victim's representative that is relevant to the convict's or	1257
prisoner's case and that was received by the authority after it	1258
provided notice of the pendency of the action under sections	1259
2930.16 and 2967.12 of the Revised Code, and any written statement	1260
of any person submitted to the court pursuant to division ~~(G)~~(I)	1261
of section 2967.12 of the Revised Code. If a victim, victim's	1262
representative, or the victim's spouse, parent, sibling, or child	1263
appears at a full board hearing of the parole board and gives	1264
testimony as authorized by section 5149.101 of the Revised Code,	1265
the authority shall consider the testimony in determining whether	1266
to grant a parole. The trial judge and prosecuting attorney of the	1267
trial court in which a person was convicted shall furnish to the	1268
authority, at the request of the authority, a summarized statement	1269
of the facts proved at the trial and of all other facts having	1270
reference to the propriety of recommending a pardon, commutation,	1271
or medical release, or granting a parole, together with a	1272
recommendation for or against a pardon, commutation, medical	1273
release, or parole, and the reasons for the recommendation. The	1274
trial judge, the prosecuting attorney, specified law enforcement	1275
agency members, and a representative of the prisoner may appear at	1276
a full board hearing of the parole board and give testimony in	1277
regard to the grant of a parole to the prisoner as authorized by	1278
section 5149.101 of the Revised Code. All state and local	1279
officials shall furnish information to the authority, when so	1280
requested by it in the performance of its duties.	1281

The adult parole authority shall exercise its functions and	1282
duties in relation to the release of prisoners who are serving a	1283
stated prison term in accordance with section 2967.28 of the	1284
Revised Code.	1285

Sec. 2967.12. (A) Except as provided in division (G) of this	1286
section, at least ~~three weeks~~sixty days before the adult parole	1287
authority recommends any pardon or commutation of sentence, or	1288
grants any parole, the authority shall provide a notice of the	1289
pendency of the pardon, commutation, or parole, setting forth the	1290
name of the person on whose behalf it is made, the offense of	1291
which the person was convicted or to which the person pleaded	1292
guilty, the time of conviction or the guilty plea, and the term of	1293
the person's sentence, to the prosecuting attorney and the judge	1294
of the court of common pleas of the county in which the indictment	1295
against the person was found. If there is more than one judge of	1296
that court of common pleas, the authority shall provide the notice	1297
to the presiding judge. The department of rehabilitation and	1298
correction may utilize electronic means to provide this notice.	1299
The department of rehabilitation and correction, at the same time	1300
that it provides the notice to the prosecuting attorney and judge	1301
under this division, also shall post on the database it maintains	1302
pursuant to section 5120.66 of the Revised Code the offender's	1303
name and all of the information specified in division	1304
(A)(1)(c)(iii) of that section.	1305

(B) If a request for notification has been made pursuant to	1306
section 2930.16 of the Revised Code or if division (H) of this	1307
section applies, the office of victim services or the adult parole	1308
authority also shall provide notice to the victim or the victim's	1309
representative at least ~~three weeks~~sixty days prior to	1310
recommending any pardon or commutation of sentence for, or	1311
granting any parole to, the person. The notice shall include the	1312
information required by division (A) of this section and may be	1313
provided by telephone or through electronic means. The notice also	1314
shall inform the victim or the victim's representative that the	1315
victim or representative may send a written statement relative to	1316
the victimization and the pending action to the adult parole	1317
authority and that, if the authority receives any written	1318
statement prior to recommending a pardon or commutation or	1319
granting a parole for a person, the authority will consider the	1320
statement before it recommends a pardon or commutation or grants a	1321
parole. If the person is being considered for parole, the notice	1322
shall inform the victim or the victim's representative that a full	1323
board hearing of the parole board may be held and that the victim	1324
or victim's representative may contact the office of victims'	1325
services for further information. If the person being considered	1326
for parole was convicted of or pleaded guilty to violating section	1327
2903.01 or 2903.02 of the Revised Code, the notice shall inform	1328
the victim of that offense, the victim's representative, or a	1329
member of the victim's immediate family that the victim, the	1330
victim's representative, and the victim's immediate family have	1331
the right to give testimony at a full board hearing of the parole	1332
board and that the victim or victim's representative may contact	1333
the office of victims' services for further information. As used	1334
in this division, "the victim's immediate family" means the	1335
mother, father, spouse, sibling, or child of the victim.	1336

(C) When notice of the pendency of any pardon, commutation of	1337
sentence, or parole has been provided to a judge or prosecutor or	1338
posted on the database as required in division (A) of this section	1339
and a hearing on the pardon, commutation, or parole is continued	1340
to a date certain, the authority shall provide notice of the	1341
further consideration of the pardon, commutation, or parole at	1342
least three weeks before the further consideration. The notice of	1343
the further consideration shall be provided to the proper judge	1344
and prosecuting attorney at least three weeks before the further	1345
consideration, and may be provided using electronic means, and, if	1346
the initial notice was posted on the database as provided in	1347
division (A) of this section, the notice of the further	1348
consideration shall be posted on the database at least three weeks	1349
before the further consideration. When notice of the pendency of	1350
any pardon, commutation, or parole has been given as provided in	1351
division (B) of this section and the hearing on it is continued to	1352
a date certain, the authority shall give notice of the further	1353
consideration to the victim or the victim's representative in	1354
accordance with section 2930.03 of the Revised Code.	1355

(D) In case of an application for the pardon or commutation	1356
of sentence of a person sentenced to capital punishment, the	1357
governor may modify the requirements of notification and	1358
publication if there is not sufficient time for compliance with	1359
the requirements before the date fixed for the execution of	1360
sentence.	1361

(E) If an offender is serving a prison term imposed under	1362
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1363
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1364
Code and if the parole board terminates its control over the	1365
offender's service of that term pursuant to section 2971.04 of the	1366
Revised Code, the parole board immediately shall provide written	1367
notice of its termination of control or the transfer of control to	1368
the entities and persons specified in section 2971.04 of the	1369
Revised Code.	1370

(F) The failure of the adult parole authority to comply with	1371
the notice or posting provisions of division (A), (B), or (C) of	1372
this section or the failure of the parole board to comply with the	1373
notice provisions of division (E) of this section do not give any	1374
rights or any grounds for appeal or post-conviction relief to the	1375
person serving the sentence.	1376

(G) Divisions (A), (B), and (C) of this section do not apply	1377
to any release of a person that is of the type described in	1378
division (B)(2)(b) of section 5120.031 of the Revised Code.	1379

(H) If a defendant is incarcerated for the commission of an	1380
offense of violence that is a felony of the first, second, or	1381
third degree, the notices described in divisions (A) and (B) of	1382
this section shall be given regardless of whether the victim	1383
requested the notice. The adult parole authority shall give	1384
similar notice to the law enforcement agency that arrested the	1385
defendant and to any other person who requests notification. The	1386
authority shall attempt to identify a mailing address for the	1387
victim and send notice to that address. The authority may give	1388
notice to the law enforcement agency and to other persons who	1389
request notice by any reasonable means, including telephone and	1390
electronic mail. Division (H) of this section, and the	1391
notice-related provisions of divisions (E)(2) and (K) of section	1392
2929.20, division (D)(1) of section 2930.16, division (A)(3)(b) of	1393
section 2967.26, division (D)(1) of section 2967.28, and division	1394
(A)(2) of section 5149.101 of the Revised Code enacted in the act	1395
in which division (H) of this section was enacted, shall be known	1396
as "Roberta's Law."	1397

(I) In addition to and independent of the right of a victim	1398
to make a statement as described in division (A) of this section	1399
or pursuant to section 2930.17 of the Revised Code or to otherwise	1400
make a statement, the authority for a judge or prosecuting	1401
attorney to furnish statements and information, make	1402
recommendations, and give testimony as described in division (A)	1403
of this section, the right of a prosecuting attorney, judge, or	1404
victim to give testimony or submit a statement at a full parole	1405
board hearing pursuant to section 5149.101 of the Revised Code,	1406
and any other right or duty of a person to present information or	1407
make a statement, any person may send to the adult parole	1408
authority at any time prior to the authority's recommending a	1409
pardon or commutation or granting a parole for the offender a	1410
written statement relative to the offense and the pending action.	1411

Sec. 2967.121. (A) Subject to division ~~(C)~~(D) of this	1412
section, at least two weeks before any convict who is serving a	1413
sentence for committing a felony of the first, second, or third	1414
degree or who is serving a sentence of life imprisonment is	1415
released from confinement in any state correctional institution	1416
pursuant to a pardon, commutation of sentence, parole, or	1417
completed prison term, the adult parole authority shall provide	1418
notice of the release to the prosecuting attorney of the county in	1419
which the indictment of the convict was found. The	1420

~~(B) The~~ notice required by this division ~~(A) of this section~~	1421
may be contained in a weekly list of all ~~felons~~convicts who are	1422
serving a sentence for a felony of the first, second, or third	1423
degree or are serving a sentence of life imprisonment and who are	1424
scheduled for release. ~~The notice~~	1425

(B) Subject to division (D) of this section, if a convict who	1426
is serving a sentence for committing a felony of the first,	1427
second, or third degree or who is serving a sentence of life	1428
imprisonment is released from confinement pursuant to a pardon,	1429
commutation of sentence, parole, or completed prison term, the	1430
adult parole authority shall send notice of the release to the	1431
prosecuting attorney of the county in which the indictment of the	1432
convict was filed. The notice required by this division shall be	1433
sent to the appropriate prosecuting attorney at the end of the	1434
month in which the convict is released and may be contained in a	1435
monthly list of all convicts who are released in that month and	1436
for whom this division requires a notice to be sent to that	1437
prosecuting attorney.	1438

(C) The notices required by divisions (A) and (B) of this	1439
section shall contain all of the following:	1440

(1) The name of the convict being released;

1441

(2) The date of the convict's release;

1442

(3) The offense for the violation of which the convict was	1443
convicted and incarcerated;	1444

(4) The date of the convict's conviction pursuant to which	1445
the convict was incarcerated;	1446

(5) The sentence imposed for that conviction;

1447

(6) The length of any supervision that the convict will be	1448
under;	1449

(7) The name, business address, and business phone number of	1450
the convict's supervising officer;	1451

(8) The address at which the convict will reside.

1452

~~(C)~~(D)(1) Divisions (A) ~~and~~, (B), and (C) of this section do	1453
not apply to the release from confinement of an offender if the	1454
offender is serving a prison term imposed under division (A)(3),	1455
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1456
(c), or (d) of section 2971.03 of the Revised Code, if the court	1457
pursuant to section 2971.05 of the Revised Code modifies the	1458
requirement that the offender serve that entire term in a state	1459
correctional institution, and if the release from confinement is	1460
pursuant to that modification. In a case of that type, the court	1461
that modifies the requirement promptly shall provide written	1462
notice of the modification and the order that modifies the	1463
requirement or revises the modification to the offender, the	1464
department of rehabilitation and correction, the prosecuting	1465
attorney, and any state agency or political subdivision that is	1466
affected by the order.	1467

(2) Divisions (A) ~~and~~, (B), and (C) of this section do not	1468
apply to the release from confinement of an offender if, upon	1469
admission to the state correctional institution, the offender has	1470
less than fourteen days to serve on the sentence.	1471

Sec. 2967.26. (A)(1) The department of rehabilitation and	1472
correction, by rule, may establish a transitional control program	1473
for the purpose of closely monitoring a prisoner's adjustment to	1474
community supervision during the final one hundred eighty days of	1475
the prisoner's confinement. If the department establishes a	1476
transitional control program under this division, the adult parole	1477
authority may transfer eligible prisoners to transitional control	1478
status under the program during the final one hundred eighty days	1479
of their confinement and under the terms and conditions	1480
established by the department, shall provide for the confinement	1481
as provided in this division of each eligible prisoner so	1482
transferred, and shall supervise each eligible prisoner so	1483
transferred in one or more community control sanctions. Each	1484
eligible prisoner who is transferred to transitional control	1485
status under the program shall be confined in a suitable facility	1486
that is licensed pursuant to division (C) of section 2967.14 of	1487
the Revised Code, or shall be confined in a residence the	1488
department has approved for this purpose and be monitored pursuant	1489
to an electronic monitoring device, as defined in section 2929.01	1490
of the Revised Code. If the department establishes a transitional	1491
control program under this division, the rules establishing the	1492
program shall include criteria that define which prisoners are	1493
eligible for the program, criteria that must be satisfied to be	1494
approved as a residence that may be used for confinement under the	1495
program of a prisoner that is transferred to it and procedures for	1496
the department to approve residences that satisfy those criteria,	1497
and provisions of the type described in division (C) of this	1498
section. At a minimum, the criteria that define which prisoners	1499
are eligible for the program shall provide all of the following:	1500

(a) That a prisoner is eligible for the program if the	1501
prisoner is serving a prison term or term of imprisonment for an	1502
offense committed prior to March 17, 1998, and if, at the time at	1503
which eligibility is being determined, the prisoner would have	1504
been eligible for a furlough under this section as it existed	1505
immediately prior to March 17, 1998, or would have been eligible	1506
for conditional release under former section 2967.23 of the	1507
Revised Code as that section existed immediately prior to March	1508
17, 1998;	1509

(b) That no prisoner who is serving a mandatory prison term	1510
is eligible for the program until after expiration of the	1511
mandatory term;	1512

(c) That no prisoner who is serving a prison term or term of	1513
life imprisonment without parole imposed pursuant to section	1514
2971.03 of the Revised Code is eligible for the program.	1515

(2) At least ~~three weeks~~sixty days prior to transferring to	1516
transitional control under this section a prisoner who is serving	1517
a term of imprisonment or prison term for an offense committed on	1518
or after July 1, 1996, the adult parole authority shall give	1519
notice of the pendency of the transfer to transitional control to	1520
the court of common pleas of the county in which the indictment	1521
against the prisoner was found and of the fact that the court may	1522
disapprove the transfer of the prisoner to transitional control	1523
and shall include a report prepared by the head of the state	1524
correctional institution in which the prisoner is confined. The	1525
head of the state correctional institution in which the prisoner	1526
is confined, upon the request of the adult parole authority, shall	1527
provide to the authority for inclusion in the notice sent to the	1528
court under this division a report on the prisoner's conduct in	1529
the institution and in any institution from which the prisoner may	1530
have been transferred. The report shall cover the prisoner's	1531
participation in school, vocational training, work, treatment, and	1532
other rehabilitative activities and any disciplinary action taken	1533
against the prisoner. If the court disapproves of the transfer of	1534
the prisoner to transitional control, the court shall notify the	1535
authority of the disapproval within thirty days after receipt of	1536
the notice. If the court timely disapproves the transfer of the	1537
prisoner to transitional control, the authority shall not proceed	1538
with the transfer. If the court does not timely disapprove the	1539
transfer of the prisoner to transitional control, the authority	1540
may transfer the prisoner to transitional control.	1541

(3)(a) If the victim of an offense for which a prisoner was	1542
sentenced to a prison term or term of imprisonment has requested	1543
notification under section 2930.16 of the Revised Code and has	1544
provided the department of rehabilitation and correction with the	1545
victim's name and address and if division (A)(3)(b) of this	1546
section applies, the adult parole authority, at least ~~three weeks~~	1547
sixty days prior to transferring the prisoner to transitional	1548
control pursuant to this section, shall notify the victim of the	1549
pendency of the transfer and of the victim's right to submit a	1550
statement to the authority regarding the impact of the transfer of	1551
the prisoner to transitional control. If the victim subsequently	1552
submits a statement of that nature to the authority, the authority	1553
shall consider the statement in deciding whether to transfer the	1554
prisoner to transitional control.	1555

(b) If a prisoner is incarcerated for the commission of an	1556
offense of violence that is a felony of the first, second, or	1557
third degree, the notice described in division (A)(3)(a) of this	1558
section shall be given regardless of whether the victim requested	1559
notice. The authority shall send the notice by ordinary mail to an	1560
address previously provided by the victim. If the victim has not	1561
provided an address, the authority shall attempt to identify a	1562
mailing address for the victim and send notice to that address.	1563
Division (A)(3)(b) of this section, and the notice-related	1564
provisions of divisions (E)(2) and (K) of section 2929.20,	1565
division (D)(1) of section 2930.16, division (H) of section	1566
2967.12, division (D)(1) of section 2967.28, and division (A)(2)	1567
of section 5149.101 of the Revised Code enacted in the act in	1568
which division (A)(3)(b) of this section was enacted, shall be	1569
known as "Roberta's Law."	1570

(4) The department of rehabilitation and correction, at least	1571
~~three weeks~~sixty days prior to transferring a prisoner to	1572
transitional control pursuant to this section, shall post on the	1573
database it maintains pursuant to section 5120.66 of the Revised	1574
Code the prisoner's name and all of the information specified in	1575
division (A)(1)(c)(iv) of that section. In addition to and	1576
independent of the right of a victim to submit a statement as	1577
described in division (A)(3) of this section or to otherwise make	1578
a statement and in addition to and independent of any other right	1579
or duty of a person to present information or make a statement,	1580
any person may send to the adult parole authority at any time	1581
prior to the authority's transfer of the prisoner to transitional	1582
control a written statement regarding the transfer of the prisoner	1583
to transitional control. In addition to the information, reports,	1584
and statements it considers under divisions (A)(2) and (3) of this	1585
section or that it otherwise considers, the authority shall	1586
consider each statement submitted in accordance with this division	1587
in deciding whether to transfer the prisoner to transitional	1588
control.	1589

(B) Each prisoner transferred to transitional control under	1590
this section shall be confined in the manner described in division	1591
(A) of this section during any period of time that the prisoner is	1592
not actually working at the prisoner's approved employment,	1593
engaged in a vocational training or another educational program,	1594
engaged in another program designated by the director, or engaged	1595
in other activities approved by the department.	1596

(C) The department of rehabilitation and correction shall	1597
adopt rules for transferring eligible prisoners to transitional	1598
control, supervising and confining prisoners so transferred,	1599
administering the transitional control program in accordance with	1600
this section, and using the moneys deposited into the transitional	1601
control fund established under division (E) of this section.	1602

(D) The department of rehabilitation and correction may adopt	1603
rules for the issuance of passes for the limited purposes	1604
described in this division to prisoners who are transferred to	1605
transitional control under this section. If the department adopts	1606
rules of that nature, the rules shall govern the granting of the	1607
passes and shall provide for the supervision of prisoners who are	1608
temporarily released pursuant to one of those passes. Upon the	1609
adoption of rules under this division, the department may issue	1610
passes to prisoners who are transferred to transitional control	1611
status under this section in accordance with the rules and the	1612
provisions of this division. All passes issued under this division	1613
shall be for a maximum of forty-eight hours and may be issued only	1614
for the following purposes:	1615

(1) To visit a relative in imminent danger of death;

1616

(2) To have a private viewing of the body of a deceased	1617
relative;	1618

(3) To visit with family;

1619

(4) To otherwise aid in the rehabilitation of the prisoner.

1620

(E) The adult parole authority may require a prisoner who is	1621
transferred to transitional control to pay to the division of	1622
parole and community services the reasonable expenses incurred by	1623
the division in supervising or confining the prisoner while under	1624
transitional control. Inability to pay those reasonable expenses	1625
shall not be grounds for refusing to transfer an otherwise	1626
eligible prisoner to transitional control. Amounts received by the	1627
division of parole and community services under this division	1628
shall be deposited into the transitional control fund, which is	1629
hereby created in the state treasury and which hereby replaces and	1630
succeeds the furlough services fund that formerly existed in the	1631
state treasury. All moneys that remain in the furlough services	1632
fund on March 17, 1998, shall be transferred on that date to the	1633
transitional control fund. The transitional control fund shall be	1634
used solely to pay costs related to the operation of the	1635
transitional control program established under this section. The	1636
director of rehabilitation and correction shall adopt rules in	1637
accordance with section 111.15 of the Revised Code for the use of	1638
the fund.	1639

(F) A prisoner who violates any rule established by the	1640
department of rehabilitation and correction under division (A),	1641
(C), or (D) of this section may be transferred to a state	1642
correctional institution pursuant to rules adopted under division	1643
(A), (C), or (D) of this section, but the prisoner shall receive	1644
credit towards completing the prisoner's sentence for the time	1645
spent under transitional control.	1646

If a prisoner is transferred to transitional control under	1647
this section, upon successful completion of the period of	1648
transitional control, the prisoner may be released on parole or	1649
under post-release control pursuant to section 2967.13 or 2967.28	1650
of the Revised Code and rules adopted by the department of	1651
rehabilitation and correction. If the prisoner is released under	1652
post-release control, the duration of the post-release control,	1653
the type of post-release control sanctions that may be imposed,	1654
the enforcement of the sanctions, and the treatment of prisoners	1655
who violate any sanction applicable to the prisoner are governed	1656
by section 2967.28 of the Revised Code.	1657

Sec. 2967.28. (A) As used in this section:

1658

(1) "Monitored time" means the monitored time sanction	1659
specified in section 2929.17 of the Revised Code.	1660

(2) "Deadly weapon" and "dangerous ordnance" have the same	1661
meanings as in section 2923.11 of the Revised Code.	1662

(3) "Felony sex offense" means a violation of a section	1663
contained in Chapter 2907. of the Revised Code that is a felony.	1664

(B) Each sentence to a prison term for an offense that is a	1665
felony of the first degree, ~~for~~ a felony of the second degree, ~~for~~	1666
a felony sex offense, or ~~for~~ a felony of the third degree that is	1667
not a felony sex offense and that is either an offense of violence	1668
or an offense in the commission of which the offender caused or	1669
threatened to cause physical harm to a person shall include a	1670
requirement that the offender be subject to a period of	1671
post-release control imposed by the parole board after the	1672
offender's release from imprisonment. If a court imposes a	1673
sentence including a prison term of a type described in this	1674
division on or after July 11, 2006, the failure of a sentencing	1675
court to notify the offender pursuant to division (B)(3)(c) of	1676
section 2929.19 of the Revised Code of this requirement or to	1677
include in the judgment of conviction entered on the journal a	1678
statement that the offender's sentence includes this requirement	1679
does not negate, limit, or otherwise affect the mandatory period	1680
of supervision that is required for the offender under this	1681
division. Section 2929.191 of the Revised Code applies if, prior	1682
to July 11, 2006, a court imposed a sentence including a prison	1683
term of a type described in this division and failed to notify the	1684
offender pursuant to division (B)(3)(c) of section 2929.19 of the	1685
Revised Code regarding post-release control or to include in the	1686
judgment of conviction entered on the journal or in the sentence	1687
pursuant to division (F)(1) of section 2929.14 of the Revised Code	1688
a statement regarding post-release control. Unless reduced by the	1689
parole board pursuant to division (D) of this section when	1690
authorized under that division, a period of post-release control	1691
required by this division for an offender shall be of one of the	1692
following periods:	1693

(1) For a felony of the first degree ~~or for~~, a felony sex	1694
offense, or an offense of violence that is a felony of the first,	1695
second, or third degree, five years;	1696

(2) For a felony of the second degree that is not a felony	1697
sex offense or an offense of violence, three years;	1698

(3) For a felony of the third degree that is not a felony sex	1699
offense or an offense of violence and in the commission of which	1700
the offender caused or threatened physical harm to a person, three	1701
years.	1702

(C) Any sentence to a prison term for a felony of the third,	1703
fourth, or fifth degree that is not subject to division (B)(1) or	1704
(3) of this section shall include a requirement that the offender	1705
be subject to a period of post-release control of up to three	1706
years after the offender's release from imprisonment, if the	1707
parole board, in accordance with division (D) of this section,	1708
determines that a period of post-release control is necessary for	1709
that offender. Section 2929.191 of the Revised Code applies if,	1710
prior to July 11, 2006, a court imposed a sentence including a	1711
prison term of a type described in this division and failed to	1712
notify the offender pursuant to division (B)(3)(d) of section	1713
2929.19 of the Revised Code regarding post-release control or to	1714
include in the judgment of conviction entered on the journal or in	1715
the sentence pursuant to division (F)(2) of section 2929.14 of the	1716
Revised Code a statement regarding post-release control. Pursuant	1717
to an agreement entered into under section 2967.29 of the Revised	1718
Code, a court of common pleas or parole board may impose sanctions	1719
or conditions on an offender who is placed on post-release control	1720
under this division.	1721

(D)(1) Before the prisoner is released from imprisonment, the	1722
parole board or, pursuant to an agreement under section 2967.29 of	1723
the Revised Code, the court shall impose upon a prisoner described	1724
in division (B) of this section, may impose upon a prisoner	1725
described in division (C) of this section, and shall impose upon a	1726
prisoner described in division (B)(2)(b) of section 5120.031 or in	1727
division (B)(1) of section 5120.032 of the Revised Code, one or	1728
more post-release control sanctions to apply during the prisoner's	1729
period of post-release control. Whenever the board or court	1730
imposes one or more post-release control sanctions upon a	1731
prisoner, the board or court, in addition to imposing the	1732
sanctions, also shall include as a condition of the post-release	1733
control that the offender not leave the state without permission	1734
of the court or the offender's parole or probation officer and	1735
that the offender abide by the law. The board or court may impose	1736
any other conditions of release under a post-release control	1737
sanction that the board or court considers appropriate, and the	1738
conditions of release may include any community residential	1739
sanction, community nonresidential sanction, or financial sanction	1740
that the sentencing court was authorized to impose pursuant to	1741
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	1742
to the release of a prisoner for whom it will impose one or more	1743
post-release control sanctions under this division, the parole	1744
board or court shall review the prisoner's criminal history, all	1745
juvenile court adjudications finding the prisoner, while a	1746
juvenile, to be a delinquent child, and the record of the	1747
prisoner's conduct while imprisoned. The parole board or court	1748
shall consider any recommendation regarding post-release control	1749
sanctions for the prisoner made by the office of victims'	1750
services. After considering those materials, the board or court	1751
shall determine, for a prisoner described in division (B) of this	1752
section, division (B)(2)(b) of section 5120.031, or division	1753
(B)(1) of section 5120.032 of the Revised Code, which post-release	1754
control sanction or combination of post-release control sanctions	1755
is reasonable under the circumstances or, for a prisoner described	1756
in division (C) of this section, whether a post-release control	1757
sanction is necessary and, if so, which post-release control	1758
sanction or combination of post-release control sanctions is	1759
reasonable under the circumstances. In the case of a prisoner	1760
convicted of a felony of the fourth or fifth degree other than a	1761
felony sex offense, the board or court shall presume that	1762
monitored time is the appropriate post-release control sanction	1763
unless the board or court determines that a more restrictive	1764
sanction is warranted. A post-release control sanction imposed	1765
under this division takes effect upon the prisoner's release from	1766
imprisonment.	1767

Regardless of whether the prisoner was sentenced to the	1768
prison term prior to, on, or after July 11, 2006, prior to the	1769
release of a prisoner for whom it will impose one or more	1770
post-release control sanctions under this division, the parole	1771
board shall notify the prisoner that, if the prisoner violates any	1772
sanction so imposed or any condition of post-release control	1773
described in division (B) of section 2967.131 of the Revised Code	1774
that is imposed on the prisoner, the parole board may impose a	1775
prison term of up to one-half of the stated prison term originally	1776
imposed upon the prisoner.	1777

At least thirty days before the prisoner is released from	1778
imprisonment, the department of rehabilitation and correction	1779
shall send notice by ordinary mail to the victim, the victim's	1780
family, the prosecuting attorney in the case, the law enforcement	1781
agency that arrested the prisoner, and any other person who	1782
requests notification of the date on which the prisoner will be	1783
released, the period for which the prisoner will be under parole	1784
or post-release control supervision, and the terms and conditions	1785
of the prisoner's parole or post-release control. This paragraph,	1786
and the notice-related provisions of divisions (E)(2) and (K) of	1787
section 2929.20, division (D)(1) of section 2930.16, division (H)	1788
of section 2967.12, division (A)(3)(b) of section 2967.26, and	1789
division (A)(2) of section 5149.101 of the Revised Code enacted in	1790
the act in which this paragraph was enacted, shall be known as	1791
"Roberta's Law."	1792

(2) At any time after a prisoner is released from	1793
imprisonment and during the period of post-release control	1794
applicable to the releasee, the adult parole authority or,	1795
pursuant to an agreement under section 2967.29 of the Revised	1796
Code, the court may review the releasee's behavior under the	1797
post-release control sanctions imposed upon the releasee under	1798
this section. The authority or court may determine, based upon the	1799
review and in accordance with the standards established under	1800
division (E) of this section, that a more restrictive or a less	1801
restrictive sanction is appropriate and may impose a different	1802
sanction. The authority also may recommend that the parole board	1803
or court increase or reduce the duration of the period of	1804
post-release control imposed by the court. If the authority	1805
recommends that the board or court increase the duration of	1806
post-release control, the board or court shall review the	1807
releasee's behavior and may increase the duration of the period of	1808
post-release control imposed by the court up to eight years. If	1809
the authority recommends that the board or court reduce the	1810
duration of control for an offense described in division (B) or	1811
(C) of this section, the board or court shall review the	1812
releasee's behavior and may reduce the duration of the period of	1813
control imposed by the court. In no case shall the board or court	1814
reduce the duration of the period of control imposed for an	1815
offense described in division (B)(1) of this section to a period	1816
less than the length of the stated prison term originally imposed,	1817
and in no case shall the board or court permit the releasee to	1818
leave the state without permission of the court or the releasee's	1819
parole or probation officer.	1820

(E) The department of rehabilitation and correction, in	1821
accordance with Chapter 119. of the Revised Code, shall adopt	1822
rules that do all of the following:	1823

(1) Establish standards for the imposition by the parole	1824
board of post-release control sanctions under this section that	1825
are consistent with the overriding purposes and sentencing	1826
principles set forth in section 2929.11 of the Revised Code and	1827
that are appropriate to the needs of releasees;	1828

(2) Establish standards by which the parole board can	1829
determine which prisoners described in division (C) of this	1830
section should be placed under a period of post-release control;	1831

(3) Establish standards to be used by the parole board in	1832
reducing the duration of the period of post-release control	1833
imposed by the court when authorized under division (D) of this	1834
section, in imposing a more restrictive post-release control	1835
sanction than monitored time upon a prisoner convicted of a felony	1836
of the fourth or fifth degree other than a felony sex offense, or	1837
in imposing a less restrictive control sanction upon a releasee	1838
based on the releasee's activities including, but not limited to,	1839
remaining free from criminal activity and from the abuse of	1840
alcohol or other drugs, successfully participating in approved	1841
rehabilitation programs, maintaining employment, and paying	1842
restitution to the victim or meeting the terms of other financial	1843
sanctions;	1844

(4) Establish standards to be used by the adult parole	1845
authority in modifying a releasee's post-release control sanctions	1846
pursuant to division (D)(2) of this section;	1847

(5) Establish standards to be used by the adult parole	1848
authority or parole board in imposing further sanctions under	1849
division (F) of this section on releasees who violate post-release	1850
control sanctions, including standards that do the following:	1851

(a) Classify violations according to the degree of	1852
seriousness;	1853

(b) Define the circumstances under which formal action by the	1854
parole board is warranted;	1855

1856

(d) Ensure procedural due process to an alleged violator;

1857

(e) Prescribe nonresidential community control sanctions for	1858
most misdemeanor and technical violations;	1859

(f) Provide procedures for the return of a releasee to	1860
imprisonment for violations of post-release control.	1861

(F)(1) Whenever the parole board imposes one or more	1862
post-release control sanctions upon an offender under this	1863
section, the offender upon release from imprisonment shall be	1864
under the general jurisdiction of the adult parole authority and	1865
generally shall be supervised by the field services section	1866
through its staff of parole and field officers as described in	1867
section 5149.04 of the Revised Code, as if the offender had been	1868
placed on parole. If the offender upon release from imprisonment	1869
violates the post-release control sanction or any conditions	1870
described in division (A) of section 2967.131 of the Revised Code	1871
that are imposed on the offender, the public or private person or	1872
entity that operates or administers the sanction or the program or	1873
activity that comprises the sanction shall report the violation	1874
directly to the adult parole authority or to the officer of the	1875
authority who supervises the offender. The authority's officers	1876
may treat the offender as if the offender were on parole and in	1877
violation of the parole, and otherwise shall comply with this	1878
section.	1879

(2) If the adult parole authority or, pursuant to an	1880
agreement under section 2967.29 of the Revised Code, the court	1881
determines that a releasee has violated a post-release control	1882
sanction or any conditions described in division (A) of section	1883
2967.131 of the Revised Code imposed upon the releasee and that a	1884
more restrictive sanction is appropriate, the authority or court	1885
may impose a more restrictive sanction upon the releasee, in	1886
accordance with the standards established under division (E) of	1887
this section or in accordance with the agreement made under	1888
section 2967.29 of the Revised Code, or may report the violation	1889
to the parole board for a hearing pursuant to division (F)(3) of	1890
this section. The authority or court may not, pursuant to this	1891
division, increase the duration of the releasee's post-release	1892
control or impose as a post-release control sanction a residential	1893
sanction that includes a prison term, but the authority or court	1894
may impose on the releasee any other residential sanction,	1895
nonresidential sanction, or financial sanction that the sentencing	1896
court was authorized to impose pursuant to sections 2929.16,	1897
2929.17, and 2929.18 of the Revised Code.	1898

(3) The parole board or, pursuant to an agreement under	1899
section 2967.29 of the Revised Code, the court may hold a hearing	1900
on any alleged violation by a releasee of a post-release control	1901
sanction or any conditions described in division (A) of section	1902
2967.131 of the Revised Code that are imposed upon the releasee.	1903
If after the hearing the board or court finds that the releasee	1904
violated the sanction or condition, the board or court may	1905
increase the duration of the releasee's post-release control up to	1906
the maximum duration authorized by division (B) or (C) of this	1907
section or impose a more restrictive post-release control	1908
sanction. When appropriate, the board or court may impose as a	1909
post-release control sanction a residential sanction that includes	1910
a prison term. The board or court shall consider a prison term as	1911
a post-release control sanction imposed for a violation of	1912
post-release control when the violation involves a deadly weapon	1913
or dangerous ordnance, physical harm or attempted serious physical	1914
harm to a person, or sexual misconduct, or when the releasee	1915
committed repeated violations of post-release control sanctions.	1916
Unless a releasee's stated prison term was reduced pursuant to	1917
section 5120.032 of the Revised Code, the period of a prison term	1918
that is imposed as a post-release control sanction under this	1919
division shall not exceed nine months, and the maximum cumulative	1920
prison term for all violations under this division shall not	1921
exceed one-half of the stated prison term originally imposed upon	1922
the offender as part of this sentence. If a releasee's stated	1923
prison term was reduced pursuant to section 5120.032 of the	1924
Revised Code, the period of a prison term that is imposed as a	1925
post-release control sanction under this division and the maximum	1926
cumulative prison term for all violations under this division	1927
shall not exceed the period of time not served in prison under the	1928
sentence imposed by the court. The period of a prison term that is	1929
imposed as a post-release control sanction under this division	1930
shall not count as, or be credited toward, the remaining period of	1931
post-release control.	1932

If an offender is imprisoned for a felony committed while	1933
under post-release control supervision and is again released on	1934
post-release control for a period of time determined by division	1935
(F)(4)(d) of this section, the maximum cumulative prison term for	1936
all violations under this division shall not exceed one-half of	1937
the total stated prison terms of the earlier felony, reduced by	1938
any prison term administratively imposed by the parole board or	1939
court, plus one-half of the total stated prison term of the new	1940
felony.	1941

(4) Any period of post-release control shall commence upon an	1942
offender's actual release from prison. If an offender is serving	1943
an indefinite prison term or a life sentence in addition to a	1944
stated prison term, the offender shall serve the period of	1945
post-release control in the following manner:	1946

(a) If a period of post-release control is imposed upon the	1947
offender and if the offender also is subject to a period of parole	1948
under a life sentence or an indefinite sentence, and if the period	1949
of post-release control ends prior to the period of parole, the	1950
offender shall be supervised on parole. The offender shall receive	1951
credit for post-release control supervision during the period of	1952
parole. The offender is not eligible for final release under	1953
section 2967.16 of the Revised Code until the post-release control	1954
period otherwise would have ended.	1955

(b) If a period of post-release control is imposed upon the	1956
offender and if the offender also is subject to a period of parole	1957
under an indefinite sentence, and if the period of parole ends	1958
prior to the period of post-release control, the offender shall be	1959
supervised on post-release control. The requirements of parole	1960
supervision shall be satisfied during the post-release control	1961
period.	1962

(c) If an offender is subject to more than one period of	1963
post-release control, the period of post-release control for all	1964
of the sentences shall be the period of post-release control that	1965
expires last, as determined by the parole board or court. Periods	1966
of post-release control shall be served concurrently and shall not	1967
be imposed consecutively to each other.	1968

(d) The period of post-release control for a releasee who	1969
commits a felony while under post-release control for an earlier	1970
felony shall be the longer of the period of post-release control	1971
specified for the new felony under division (B) or (C) of this	1972
section or the time remaining under the period of post-release	1973
control imposed for the earlier felony as determined by the parole	1974
board or court.	1975

Sec. 5120.66. (A) Within ninety days after November 23,	1976
2005, but not before January 1, 2006, the department of	1977
rehabilitation and correction shall establish and operate on the	1978
internet a database that contains all of the following:	1979

(1) For each inmate in the custody of the department under a	1980
sentence imposed for a conviction of or plea of guilty to any	1981
offense, all of the following information:	1982

(a) The inmate's name;

1983

(b) For each offense for which the inmate was sentenced to a	1984
prison term or term of imprisonment and is in the department's	1985
custody, the name of the offense, the Revised Code section of	1986
which the offense is a violation, the gender of each victim of the	1987
offense if those facts are known, whether each victim of the	1988
offense was an adult or child if those facts are known, the range	1989
of the possible prison terms or term of imprisonment that could	1990
have been imposed for the offense, the actual prison term or term	1991
of imprisonment imposed for the offense, the county in which the	1992
offense was committed, the date on which the inmate began serving	1993
the prison term or term of imprisonment imposed for the offense,	1994
and either the date on which the inmate will be eligible for	1995
parole relative to the offense if the prison term or term of	1996
imprisonment is an indefinite term or life term or the date on	1997
which the term ends if the prison term is a definite term;	1998

(c) All of the following information that is applicable	1999
regarding the inmate:	2000

(i) If known to the department prior to the conduct of any	2001
hearing for judicial release of the defendant pursuant to section	2002
2929.20 of the Revised Code in relation to any prison term or term	2003
of imprisonment the inmate is serving for any offense, notice of	2004
the fact that the inmate will be having a hearing regarding a	2005
possible grant of judicial release, the date of the hearing, and	2006
the right of any person pursuant to division (J) of that section	2007
to submit to the court a written statement regarding the possible	2008
judicial release;	2009

(ii) If the inmate is serving a prison term pursuant to	2010
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	2011
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2012
Code, prior to the conduct of any hearing pursuant to section	2013
2971.05 of the Revised Code to determine whether to modify the	2014
requirement that the inmate serve the entire prison term in a	2015
state correctional facility in accordance with division (C) of	2016
that section, whether to continue, revise, or revoke any existing	2017
modification of that requirement, or whether to terminate the	2018
prison term in accordance with division (D) of that section,	2019
notice of the fact that the inmate will be having a hearing	2020
regarding those determinations and of the date of the hearing;	2021

(iii) At least ~~three weeks~~sixty days before the adult parole	2022
authority recommends a pardon or commutation of sentence for the	2023
inmate or at least ~~three weeks~~sixty days prior to a hearing	2024
before the adult parole authority regarding a grant of parole to	2025
the inmate in relation to any prison term or term of imprisonment	2026
the inmate is serving for any offense, notice of the fact that the	2027
inmate might be under consideration for a pardon or commutation of	2028
sentence or will be having a hearing regarding a possible grant of	2029
parole, of the date of any hearing regarding a possible grant of	2030
parole, and of the right of any person to submit a written	2031
statement regarding the pending action;	2032

(iv) At least ~~three weeks~~sixty days before the inmate is	2033
transferred to transitional control under section 2967.26 of the	2034
Revised Code in relation to any prison term or term of	2035
imprisonment the inmate is serving for any offense, notice of the	2036
pendency of the transfer, of the date of the possible transfer,	2037
and of the right of any person to submit a statement regarding the	2038
possible transfer;	2039

(v) Prompt notice of the inmate's escape from any facility in	2040
which the inmate was incarcerated and of the capture of the inmate	2041
after an escape;	2042

(vi) Notice of the inmate's death while in confinement;

2043

(vii) Prior to the release of the inmate from confinement,	2044
notice of the fact that the inmate will be released, of the date	2045
of the release, and, if applicable, of the standard terms and	2046
conditions of the release;	2047

(viii) Notice of the inmate's judicial release.

2048

(2) Information as to where a person can send written	2049
statements of the types referred to in divisions (A)(1)(c)(i),	2050
(iii), and (iv) of this section.	2051

(B)(1) The department shall update the database required	2052
under division (A) of this section every twenty-four hours to	2053
ensure that the information it contains is accurate and current.	2054

(2) The database required under division (A) of this section	2055
is a public record open for inspection under section 149.43 of the	2056
Revised Code. The department shall make the database searchable by	2057
inmate name and by the county and zip code where the offender	2058
intends to reside after release from a state correctional	2059
institution if this information is known to the department.	2060

(3) The database required under division (A) of this section	2061
may contain information regarding inmates who are listed in the	2062
database in addition to the information described in that	2063
division.	2064

(4) No information included on the database required under	2065
division (A) of this section shall identify or enable the	2066
identification of any victim of any offense committed by an	2067
inmate.	2068

(C) For ten years after the final discharge of an inmate who	2069
was imprisoned for the commission of an offense of violence that	2070
is a felony of the first, second, or third degree, the department	2071
shall keep on the database required under division (A) of this	2072
section all the information that it is required to include on the	2073
database relative to the inmate.	2074

(D) The failure of the department to comply with the	2075
requirements of division (A) or (B) of this section does not give	2076
any rights or any grounds for appeal or post-conviction relief to	2077
any inmate.	2078

~~(D)~~(E) This section, and the related provisions of sections	2079
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	2080
in the act in which this section was enacted, shall be known as	2081
"Laura's Law."	2082

Sec. 5149.07. The department of rehabilitation and	2083
correction shall maintain central files and records pertaining to	2084
the work of the adult parole authority, and shall coordinate the	2085
department's record-keeping with that of the adult parole	2086
authority. Additionally, the department shall not later than the	2087
first Monday of January of odd-numbered years prepare and submit	2088
to the governor for ~~his~~the governor's approval and signature a	2089
written report showing each case of pardon, commutation, or	2090
reprieve granted during the preceding biennium, stating the name	2091
and crime of the convict or prisoner, the sentence, its date, and	2092
the date of the clemency action, together with the reasons listed	2093
therefor in the governor's clemency record. The report shall	2094
conform to the requirements of Section 11 of Article III, Ohio	2095
Constitution.	2096

The department shall conduct research relative to the	2097
functioning of clemency, probation, and parole as part of the	2098
adult corrections program in this state, which research shall be	2099
designed to yield information upon which the division of parole	2100
and community services, the department of rehabilitation and	2101
correction, the governor, and the general assembly can base policy	2102
decisions.	2103

At the end of each quarter, the department shall submit to	2104
the chairpersons of the committees of the senate and the house of	2105
representatives that consider criminal justice legislation a	2106
report on the number and results of parole hearings conducted	2107
during the quarter and a list of persons incarcerated for	2108
committing offenses of violence who were granted parole and a	2109
summary of the terms and conditions of their parole. The	2110
department shall provide the committees with any documentation	2111
related to the reports that members of the committees may request.	2112

Upon request, the department shall provide a detailed	2113
statement, supported by documentation, of the reasons why a	2114
particular prisoner was granted parole to the law enforcement	2115
agency that arrested the prisoner, the prosecuting attorney who	2116
prosecuted the case, or any person who is a member of the general	2117
assembly at the time the person makes the request.	2118

Sec. 5149.10. (A) The parole board shall consist of up to	2119
twelve members, one of whom shall be designated as chairperson by	2120
the director of the department of rehabilitation and correction	2121
and who shall continue as chairperson until a successor is	2122
designated, and any other personnel that are necessary for the	2123
orderly performance of the duties of the board. In addition to the	2124
rules authorized by section 5149.02 of the Revised Code, the chief	2125
of the adult parole authority, subject to the approval of the	2126
chief of the division of parole and community services and subject	2127
to this section, shall adopt rules governing the proceedings of	2128
the parole board. The rules shall provide for the convening of	2129
full board hearings, the procedures to be followed in full board	2130
hearings, and general procedures to be followed in other hearings	2131
of the board and by the board's hearing officers. The rules shall	2132
prohibit the board from considering sentences in effect on and	2133
after July 1, 1996, in making determinations relative to the	2134
release of an inmate who is imprisoned for an offense committed	2135
before July 1, 1996. The rules also shall require agreement by a	2136
majority of all the board members to any recommendation of	2137
clemency transmitted to the governor.	2138

When the board members sit as a full board, the chairperson	2139
shall preside. The chairperson shall also allocate the work of the	2140
parole board among the board members. The full board shall meet at	2141
least once each month. In the case of a tie vote on the full	2142
board, the chief of the adult parole authority shall cast the	2143
deciding vote. The chairperson may designate a person to serve in	2144
the chairperson's place.	2145

Except as otherwise provided in division (B) of this section,	2146
no person shall be appointed a member of the board who is not	2147
qualified by education or experience in correctional work,	2148
including law enforcement, prosecution of offenses, advocating for	2149
the rights of victims of crime, probation, or parole, in law, in	2150
social work, or in a combination of the three categories.	2151

(B) The director of rehabilitation and correction, in	2152
consultation with the governor, shall appoint one member of the	2153
board, who shall be a person who has been a victim of crime or who	2154
is a member of a victim's family or who represents an organization	2155
that advocates for the rights of victims of crime. After	2156
appointment, this member shall be an unclassified employee of the	2157
department of rehabilitation and correction.	2158

The initial appointment shall be for a term ending four years	2159
after July 1, 1996. Thereafter, the term of office of the member	2160
appointed under this division shall be for four years, with each	2161
term ending on the same day of the same month as did the term that	2162
it succeeds. The member shall hold office from the date of	2163
appointment until the end of the term for which the member was	2164
appointed and may be reappointed. Vacancies shall be filled in the	2165
manner provided for original appointments. Any member appointed	2166
under this division to fill a vacancy occurring prior to the	2167
expiration date of the term for which the member's predecessor was	2168
appointed shall hold office as a member for the remainder of that	2169
term. The member appointed under this division shall continue in	2170
office subsequent to the expiration date of the member's term	2171
until the member's successor takes office or until a period of	2172
sixty days has elapsed, whichever occurs first.	2173

The member appointed under this division shall be compensated	2174
in the same manner as other board members and shall be reimbursed	2175
for actual and necessary expenses incurred in the performance of	2176
the ~~members'~~member's duties. The member may vote on all cases	2177
heard by the full board under section 5149.101 of the Revised	2178
Code, has such duties as are assigned by the chairperson of the	2179
board, and shall coordinate the member's activities with the	2180
office of victims' services created under section 5120.60 of the	2181
Revised Code.	2182

As used in this division, "crime," "member of the victim's	2183
family," and "victim" have the meanings given in section 2930.01	2184
of the Revised Code.	2185

(C) The chairperson shall submit all recommendations for or	2186
against clemency directly to the governor.	2187

(D) The chairperson shall transmit to the chief of the adult	2188
parole authority all determinations for or against parole made by	2189
the board. Parole determinations are final and are not subject to	2190
review or change by the chief.	2191

(E) In addition to its duties pertaining to parole and	2192
clemency, if an offender is sentenced to a prison term pursuant to	2193
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	2194
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	2195
Code, the parole board shall have control over the offender's	2196
service of the prison term during the entire term unless the board	2197
terminates its control in accordance with section 2971.04 of the	2198
Revised Code. The parole board may terminate its control over the	2199
offender's service of the prison term only in accordance with	2200
section 2971.04 of the Revised Code.	2201

Sec. 5149.101. (A)(1) A board hearing officer, a board	2202
member, or the office of victims' services may petition the board	2203
for a full board hearing that relates to the proposed parole or	2204
re-parole of a prisoner. At a meeting of the board at which a	2205
majority of board members are present, the majority of those	2206
present shall determine whether a full board hearing shall be	2207
held.	2208

(2) A victim of ~~a violation of section 2903.01 or 2903.02 of~~	2209
~~the Revised Code~~an offense of violence that is a felony of the	2210
first, second, or third degree, the victim's representative, or	2211
any person described in division (B)(5) of this section may	2212
request the board hold a full board hearing that relates to the	2213
proposed parole or re-parole of the person that committed the	2214
violation. If a victim, victim's representative, or other person	2215
requests a full board hearing pursuant to this division, the board	2216
shall hold a full board hearing.	2217

At least thirty days before the full hearing, the board shall	2218
send notice of the date, time, and place of the hearing by	2219
ordinary mail to the victim, the victim's family, the prosecuting	2220
attorney in the case, and the law enforcement agency that arrested	2221
the prisoner. The authority shall send the notice to the victim	2222
and the victim's family to addresses previously provided by them.	2223
If the victim or victim's family has not provided an address, the	2224
authority shall attempt to identify a mailing address for the	2225
victim or victim's family and send notice to that address. This	2226
paragraph, and the notice-related provisions of divisions (E)(2)	2227
and (K) of section 2929.20, division (D)(1) of section 2930.16,	2228
division (H) of section 2967.12, division (A)(3)(b) of section	2229
2967.26, and division (D)(1) of section 2967.28 of the Revised	2230
Code enacted in the act in which this paragraph was enacted, shall	2231
be known as "Roberta's Law."	2232

(B) At a full board hearing that relates to the proposed	2233
parole or re-parole of a prisoner and that has been petitioned for	2234
or requested in accordance with division (A) of this section, the	2235
parole board shall permit the following persons to appear and to	2236
give testimony or to submit written statements:	2237

(1) The prosecuting attorney of the county in which the	2238
original indictment against the prisoner was found and members of	2239
any law enforcement agency that assisted in the prosecution of the	2240
original offense;	2241

(2) The judge of the court of common pleas who imposed the	2242
original sentence of incarceration upon the prisoner, or the	2243
judge's successor;	2244

(3) The victim of the original offense for which the prisoner	2245
is serving the sentence or the victim's representative designated	2246
pursuant to section 2930.02 of the Revised Code:;	2247

(4) The victim of any behavior that resulted in parole being	2248
revoked;	2249

(5) With respect to a full board hearing held pursuant to	2250
division (A)(2) of this section, all of the following:	2251

(a) The spouse of the victim of the original offense;

2252

(b) The parent or parents of the victim of the original	2253
offense;	2254

2255

(d) The child or children of the victim of the original	2256
offense.	2257

(6) Counsel or some other person designated by the prisoner	2258
as a representative, as described in division (C) of this section.	2259

(C) Except as otherwise provided in this division, a full	2260
board hearing of the parole board is not subject to section 121.22	2261
of the Revised Code. The persons who may attend a full board	2262
hearing are the persons described in divisions (B)(1) to (6) of	2263
this section, and representatives of the press, radio and	2264
television stations, and broadcasting networks who are members of	2265
a generally recognized professional media organization.	2266

At the request of a person described in division (B)(3) of	2267
this section, representatives of the news media described in this	2268
division shall be excluded from the hearing while that person is	2269
giving testimony at the hearing. The prisoner being considered for	2270
parole has no right to be present at the hearing, but may be	2271
represented by counsel or some other person designated by the	2272
prisoner.	2273

If there is an objection at a full board hearing to a	2274
recommendation for the parole of a prisoner, the board may approve	2275
or disapprove the recommendation or defer its decision until a	2276
subsequent full board hearing. The board may permit interested	2277
persons other than those listed in this division and division (B)	2278
of this section to attend full board hearings pursuant to rules	2279
adopted by the adult parole authority.	2280

(D) If the victim of the original offense died as a result of	2281
the offense and the offense was an offense of violence that is a	2282
felony of the first, second, or third degree, the family of the	2283
victim may show at a full board hearing a video recording not	2284
exceeding five minutes in length memorializing the victim.	2285

(E) The adult parole authority shall adopt rules for the	2286
implementation of this section. The rules shall specify reasonable	2287
restrictions on the number of media representatives that may	2288
attend a hearing, based on considerations of space, and other	2289
procedures designed to accomplish an effective, orderly process	2290
for full board hearings.	2291

Section 2. That existing sections 2152.86, 2903.03, 2929.20,	2292
2930.03, 2930.06, 2930.16, 2950.01, 2967.03, 2967.12, 2967.121,	2293
2967.26, 2967.28, 5120.66, 5149.07, 5149.10, and 5149.101 of the	2294
Revised Code are hereby repealed.	2295

Section 3. Section 2929.20 of the Revised Code is presented	2296
in this act as a composite of the section as amended by both Am.	2297
Sub. H.B. 130 and Sub. S.B. 108 of the 127th General Assembly. The	2298
General Assembly, applying the principle stated in division (B) of	2299
section 1.52 of the Revised Code that amendments are to be	2300
harmonized if reasonably capable of simultaneous operation, finds	2301
that the composite is the resulting version of the section in	2302
effect prior to the effective date of the section as presented in	2303
this act.	2304

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Bill Text: OH SB160 | 2011-2012 | 129th General Assembly | Introduced

Ohio Senate Bill 160 (Prior Session Legislation)

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