Bill Text: OH SB92 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To limit a member of the Ohio Parole Board who is not a victim representative to two six-year terms.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2009-04-02 - To Judiciary Criminal Justice [SB92 Detail]

Download: Ohio-2009-SB92-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 92

Senator Miller, R. 

Cosponsors: Senators Morano, Grendell, Seitz, Kearney, Strahorn, Smith 

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A BILL

To amend sections 5149.02 and 5149.10 of the Revised

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Code to limit a member of the Ohio Parole Board

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who is not a victim representative to two six-year

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terms.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5149.02 and 5149.10 of the Revised	5
Code be amended to read as follows:	6

Sec. 5149.02.  There is hereby created in the division of	7
parole and community services of the department of rehabilitation	8
and correction at bureau level an adult parole authority. The	9
adult parole authority consists of its chief, a field services	10
section, and a parole board. The director of rehabilitation and	11
correction shall appoint the chief of the adult parole authority,	12
and one or more superintendents of the field services section, and	13
the chairperson of the parole board, all of whom shall serve at	14
the pleasure of the director and shall be in the unclassified	15
civil service. The director also shall appoint the chairperson of	16
the parole board who shall be in the unclassified civil service	17
and who shall serve as provided in section 5149.10 of the Revised	18
Code.	19

The authority is a regular administrative unit of the	20
department of rehabilitation and correction and shall operate	21
under rules adopted by the director. The chief of the division of	22
parole and community services may adopt supplemental rules	23
governing operation of the authority, assigning specific powers	24
and duties to the chief of the authority, and assigning specific	25
functions to sections within the authority.	26

No person shall be appointed as chief of the adult parole	27
authority who is not qualified by education or experience in	28
correctional work, including law enforcement, probation, or	29
parole, in law, in social work, or in a combination of the three	30
categories.	31

Sec. 5149.10.  (A)(1) The parole board shall consist of up to	32
twelve members, one of whom shall be designated as chairperson by	33
the director of the department of rehabilitation and correction	34
and who shall continue as chairperson until a successor is	35
designated, and any other personnel that are necessary for the	36
orderly performance of the duties of the board. In addition to the	37
rules authorized by section 5149.02 of the Revised Code, the chief	38
of the adult parole authority, subject to the approval of the	39
chief of the division of parole and community services and subject	40
to this section, shall adopt rules governing the proceedings of	41
the parole board. The rules shall provide for the convening of	42
full board hearings, the procedures to be followed in full board	43
hearings, and general procedures to be followed in other hearings	44
of the board and by the board's hearing officers. The rules also	45
shall require agreement by a majority of all the board members to	46
any recommendation of clemency transmitted to the governor.	47

(2) When the board members sit as a full board, the	48
chairperson shall preside. The chairperson shall also allocate the	49
work of the parole board among the board members. The full board	50
shall meet at least once each month. In the case of a tie vote on	51
the full board, the chief of the adult parole authority shall	52
cast the deciding vote. The chairperson may designate a person to	53
serve in the chairperson's place.	54

(3)(a) Except for the member appointed under division (B) of	55
this section and except as otherwise provided in division	56
(A)(3)(b) of this section, a member appointed to the parole board	57
shall be appointed to a six-year term. A member shall hold office	58
from the date of appointment until the end of the term for which	59
the member was appointed. A member is eligible for reappointment	60
for another six-year term that may or may not be consecutive to	61
the first six-year term. A member is not eligible for	62
reappointment after serving two six-year terms whether or not	63
served consecutively. Vacancies shall be filled in the same manner	64
provided for original appointments. Any member appointed under	65
this division to fill a vacancy occurring prior to the expiration	66
date of the term for which the member's predecessor was appointed	67
shall hold office as a member for the remainder of that term. A	68
member appointed under this division shall continue in office	69
subsequent to the expiration date of the member's term until the	70
member's successor takes office or until a period of sixty days	71
has elapsed, whichever occurs first.	72

(b) If a person is a member of the parole board on the	73
effective date of this amendment, that person shall continue in	74
office until that member is reappointed, a successor member is	75
appointed, or a period of sixty days has elapsed, whichever occurs	76
first. A member of the parole board on the effective date of this	77
amendment shall not be reappointed to serve a term that is longer	78
than six years, including the time the member served on the board	79
prior to the effective date of this amendment.	80

(4) Except as otherwise provided in division (B) of this	81
section, no person shall be appointed a member of the board who is	82
not qualified by education or experience in correctional work,	83
including law enforcement, prosecution of offenses, advocating for	84
the rights of victims of crime, probation, or parole, in law, in	85
social work, or in a combination of the three categories.	86

(B) The director of rehabilitation and correction, in	87
consultation with the governor, shall appoint one member of the	88
board, who shall be a person who has been a victim of crime or who	89
is a member of a victim's family or who represents an organization	90
that advocates for the rights of victims of crime. After	91
appointment, this member shall be an unclassified employee of the	92
department of rehabilitation and correction.	93

The initial appointment shall be for a term ending four years	94
after July 1, 1996. Thereafter, the term of office of the member	95
appointed under this division shall be for four years, with each	96
term ending on the same day of the same month as did the term	97
that it succeeds. The member shall hold office from the date of	98
appointment until the end of the term for which the member was	99
appointed and may be reappointed. Vacancies shall be filled in	100
the manner provided for original appointments. Any member	101
appointed under this division to fill a vacancy occurring prior	102
to the expiration date of the term for which the member's	103
predecessor was appointed shall hold office as a member for the	104
remainder of that term. The member appointed under this division	105
shall continue in office subsequent to the expiration date of the	106
member's term until the member's successor takes office or until	107
a period of sixty days has elapsed, whichever occurs first.	108

The member appointed under this division shall be compensated	109
in the same manner as other board members and shall be reimbursed	110
for actual and necessary expenses incurred in the performance of	111
the members' duties. The member may vote on all cases heard by the	112
full board under section 5149.101 of the Revised Code, has such	113
duties as are assigned by the chairperson of the board, and shall	114
coordinate the member's activities with the office of victims'	115
services created under section 5120.60 of the Revised Code.	116

As used in this division, "crime," "member of the victim's	117
family," and "victim" have the meanings given in section 2930.01	118
of the Revised Code.	119

(C) The chairperson shall submit all recommendations for or	120
against clemency directly to the governor.	121

(D) The chairperson shall transmit to the chief of the adult	122
parole authority all determinations for or against parole made by	123
the board. Parole determinations are final and are not subject to	124
review or change by the chief.	125

(E) In addition to its duties pertaining to parole and	126
clemency, if an offender is sentenced to a prison term pursuant to	127
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	128
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	129
Code, the parole board shall have control over the offender's	130
service of the prison term during the entire term unless the board	131
terminates its control in accordance with section 2971.04 of the	132
Revised Code. The parole board may terminate its control over the	133
offender's service of the prison term only in accordance with	134
section 2971.04 of the Revised Code.	135

Section 2. That existing sections 5149.02 and 5149.10 of the	136
Revised Code are hereby repealed.	137