OHIO REVISED
CODE 2971.05
(A)(1) After control over an
offender’s service of a prison term imposed pursuant to division (A)(3),
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d)
of section 2971.03
of the Revised Code has been transferred pursuant to section 2971.04
of the Revised Code to the court, the court shall schedule, within thirty days
of any of the following, a hearing on whether to modify in accordance with
division (C) of this section the requirement that the offender serve the
entire prison term in a state correctional institution or to terminate the
prison term in accordance with division (D) of this section:
(a) Control over the
offender’s service of a prison term is transferred pursuant to section 2971.04
of the Revised Code to the court, and no hearing to modify the requirement
has been held;
(b) Two years elapse after
the most recent prior hearing held pursuant to division (A)(1) or (2) of
this section;
(c) The prosecuting
attorney, the department of rehabilitation and correction, or the adult
parole authority requests the hearing, and recommends that the requirement
be modified or that the offender’s prison term be terminated.
(2) After control over the
offender’s service of a prison term has been transferred pursuant to
section 2971.04
of the Revised Code to the court, the court, within thirty days of either of
the following, shall conduct a hearing on whether to modify in accordance
with division (C) of this section the requirement that the offender serve
the entire prison term in a state correctional institution, whether to
continue, revise, or revoke an existing modification of that requirement, or
whether to terminate the term in accordance with division (D) of this
section:
(a) The requirement that
the offender serve the entire prison term in a state correctional
institution has been modified, and the offender is taken into custody for
any reason.
(b) The department of
rehabilitation and correction or the prosecuting attorney notifies the
court pursuant to section 2971.06
of the Revised Code regarding a known or suspected violation of a term or
condition of the modification or a belief that there is a substantial
likelihood that the offender has committed or is about to commit a
sexually violent offense.
(3) After control over the
offender’s service of a prison term has been transferred pursuant to
section 2971.04
of the Revised Code to the court, the court, in any of the following
circumstances, may conduct a hearing within thirty days to determine whether
to modify in accordance with division (C) of this section the requirement
that the offender serve the entire prison term in a state correctional
institution, whether to continue, revise, or revoke an existing modification
of that requirement, or whether to terminate the sentence in accordance with
division (D) of this section:
(a) The offender requests
the hearing;
(b) Upon the court’s own
motion;
(c) One or more examiners
who have conducted a psychological examination and assessment of the
offender file a statement that states that there no longer is a likelihood
that the offender will engage in the future in a sexually violent offense.
(B)(1) Before a court holds a
hearing pursuant to division (A) of this section, the court shall provide
notice of the date, time, place, and purpose of the hearing to the offender,
the prosecuting attorney, the department of rehabilitation and correction, and
the adult parole authority and shall request the department to prepare
pursuant to section 5120.61
of the Revised Code an update of the most recent risk assessment and report
relative to the offender. The offender has the right to be present at any
hearing held under this section. At the hearing, the offender and the
prosecuting attorney may make a statement and present evidence as to whether
the requirement that the offender serve the entire prison term in a state
correctional institution should or should not be modified, whether the
existing modification of the requirement should be continued, revised, or
revoked, and whether the prison term should or should not be terminated.
(2) At a hearing held
pursuant to division (A) of this section, the court may and, if the hearing
is held pursuant to division (A)(1)(a), (1)(b), or (3)(c) of this section,
shall determine by clear and convincing evidence whether the offender is
unlikely to commit a sexually violent offense in the future.
(3) At the conclusion of the
hearing held pursuant to division (A) of this section, the court may order
that the requirement that the offender serve the entire prison term in a
state correctional institution be continued, that the requirement be
modified pursuant to division (C) of this section, that an existing
modification be continued, revised, or revoked pursuant to division (C) of
this section, or that the prison term be terminated pursuant to division (D)
of this section.
(C)(1) If, at the conclusion
of a hearing held pursuant to division (A) of this section, the court
determines by clear and convincing evidence that the offender will not
represent a substantial risk of physical harm to others, the court may modify
the requirement that the offender serve the entire prison term imposed under
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),
(b), (c), or (d) of section 2971.03
of the Revised Code in a state correctional institution in a manner that the
court considers appropriate. If the court modifies the requirement for an
offender whose prison term was imposed pursuant to division (A)(3) of section 2971.03
of the Revised Code, the court shall order the adult parole authority to
supervise the offender and shall require that the authority’s supervision of
the offender be pursuant to division (E) of this section. If the court
modifies the requirement for an offender whose prison term was imposed
pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b),
(c), or (d) of section 2971.03
of the Revised Code, the court shall order the adult parole authority to
supervise the offender and may require that the authority’s supervision of
the offender be pursuant to division (E) of this section.
(2) The modification of the
requirement does not terminate the prison term but serves only to suspend
the requirement that the offender serve the entire term in a state
correctional institution. The prison term shall remain in effect for the
offender’s entire life unless the court terminates the prison term
pursuant to division (D) of this section. The offender shall remain under
the jurisdiction of the court for the offender’s entire life unless the
court so terminates the prison term. The modification of the requirement
does not terminate the classification of the offender, as described in
division (F) of section 2971.03
of the Revised Code, as a sexual predator for purposes of Chapter 2950 of
the Revised Code, and the offender is subject to supervision, including
supervision under division (E) of this section if the court required the
supervision of the offender to be pursuant to that division.
(3) If the court revokes the
modification under consideration, the court shall order that the offender be
returned to the custody of the department of rehabilitation and correction
to continue serving the prison term to which the modification applied, and
section 2971.06
of the Revised Code applies regarding the offender.
(D)(1) If, at the conclusion
of a hearing held pursuant to division (A) of this section, the court
determines by clear and convincing evidence that the offender is unlikely to
commit a sexually violent offense in the future, the court may terminate the
offender’s prison term imposed under division (A)(3), (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03
of the Revised Code, subject to the offender satisfactorily completing the
period of conditional release required by this division and, if applicable,
compliance with division (E) of this section. If the court terminates the
prison term, the court shall place the offender on conditional release for
five years, notify the adult parole authority of its determination and of the
termination of the prison term, and order the adult parole authority to
supervise the offender during the five-year period of conditional release or,
if division (E) applies to the offender, to supervise the offender pursuant to
and for the period of time specified in that division. If the court terminates
the prison term for an offender whose prison term was imposed pursuant to
division (A)(3) of section 2971.03
of the Revised Code, the court shall require that the authority’s
supervision of the offender be pursuant to division (E) of this section. If
the court terminates the prison term for an offender whose prison term was
imposed pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or
(3)(a), (b), (c), or (d) of section 2971.03
of the Revised Code, the court may require that the authority’s supervision
of the offender be pursuant to division (E) of this section. Upon receipt of a
notice from a court pursuant to this division, the adult parole authority
shall supervise the offender who is the subject of the notice during the
five-year period of conditional release, periodically notify the court of the
offender’s activities during that five-year period of conditional release,
and file with the court no later than thirty days prior to the expiration of
the five-year period of conditional release a written recommendation as to
whether the termination of the offender’s prison term should be finalized,
whether the period of conditional release should be extended, or whether
another type of action authorized pursuant to this chapter should be taken.
(2) Upon receipt of a
recommendation of the adult parole authority filed pursuant to division
(D)(1) of this section, the court shall hold a hearing to determine whether
to finalize the termination of the offender’s prison term, to extend the
period of conditional release, or to take another type of action authorized
pursuant to this chapter. The court shall hold the hearing no later than the
date on which the five-year period of conditional release terminates and
shall provide notice of the date, time, place, and purpose of the hearing to
the offender and to the prosecuting attorney. At the hearing, the offender,
the prosecuting attorney, and the adult parole authority employee who
supervised the offender during the period of conditional release may make a
statement and present evidence.
If the court determines at
the hearing to extend an offender’s period of conditional release, it may
do so for additional periods of one year in the same manner as the original
period of conditional release, and, except as otherwise described in this
division, all procedures and requirements that applied to the original
period of conditional release apply to the additional period of extended
conditional release unless the court modifies a procedure or requirement. If
an offender’s period of conditional release is extended as described in
this division, all references to a five-year period of conditional release
that are contained in division (D)(1) of this section shall be construed, in
applying the provisions of that division to the extension, as being
references to the one-year period of the extension of the conditional
release.
If the court determines at
the hearing to take another type of action authorized pursuant to this
chapter, it may do so in the same manner as if the action had been taken at
any other stage of the proceedings under this chapter. As used in this
division, “another type of action” includes the revocation of the
conditional release and the return of the offender to a state correctional
institution to continue to serve the prison term.
If the court determines at
the hearing to finalize the termination of the offender’s prison term, it
shall notify the department of rehabilitation and correction, the department
shall enter into its records a final release and issue to the offender a
certificate of final release, and the prison term thereafter shall be
considered completed and terminated in every way.
(3) The termination of an
offender’s prison term pursuant to division (D)(1) or (2) of this section
does not affect the classification of the offender, as described in division
(F) of section 2971.03
of the Revised Code, as a tier III sex
offender/child-victim offender for purposes of Chapter 2950 of the Revised
Code, does not terminate the adult parole authority’s supervision of the
offender, and, if the court had required the supervision of the offender to
be pursuant to division (E) of this section, does not terminate the
supervision of the offender with an active global positioning system device,
pursuant to that division.
(E) If a prison term imposed
upon an offender pursuant to division (A)(3) of section 2971.03
of the Revised Code is modified as provided in division (C) of this section or
terminated as provided in division (D) of this section, the adult parole
authority shall supervise the offender with an active global positioning
system device during any time period in which the offender is not incarcerated
in a state correctional institution. If a prison term imposed upon an offender
pursuant to division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b),
(c), or (d) of section 2971.03
of the Revised Code is modified as provided in division (C) of this section or
terminated as provided in division (D) of this section, and if the court
requires that the adult parole authority’s supervision of the offender be
pursuant to this division, the authority shall supervise the offender with an
active global positioning system device during any time period in which the
offender is not incarcerated in a state correctional institution. If the adult
parole authority is required to supervise the offender with an active global
positioning system device as described in this division, unless the court
removes the offender’s classification as a sexually violent predator
regarding an offender whose prison term was imposed under division (A)(3) of
section 2971.03
of the Revised Code or terminates the requirement that supervision of the
offender be pursuant to this division regarding an offender whose prison term
was imposed under division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or
(3)(a), (b), (c), or (d) of section 2971.03
of the Revised Code, the offender is subject to supervision with an active
global positioning system pursuant to this division for the offender’s
entire life. The costs of administering the supervision of offenders with an
active global positioning system device pursuant to this division shall be
paid out of funds from the reparations fund, created pursuant to section 2743.191
of the Revised Code. This division shall only apply to a sexually violent
predator sentenced pursuant to division (A)(3) of section 2971.03
of the Revised Code who is released from the custody of the department of
rehabilitation and correction on or after September 29, 2005, or an offender
sentenced pursuant to division (B)(1) or (2) of section 2971.03
of the Revised Code on or after January 2, 2007.
HISTORY: HB 180 1-1-97;
HB 473 4-29-05; HB 66 9-29-05; SB 260 1-2-07; SB10 01-01-2008
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