Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 557
2025-2026
Representative Williams
A
BILL
To
amend section 2929.20 of the Revised Code
to prohibit denial of judicial release based solely on the
classification of an offense.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2929.20 of the Revised Code be amended to read as follows:
Sec.
2929.20.
(A)
As used in this section:
(1)(a)
Except as provided in division (A)(1)(b) of this section, "eligible
offender" means any person who, on or after April 7, 2009, is
serving a stated prison term that includes one or more nonmandatory
prison terms. A person may be an eligible offender and also may be an
eighty per cent-qualifying offender or, during a declared state of
emergency, a state of emergency-qualifying offender.
(b)
"Eligible offender" does not include any person who, on or
after April 7, 2009, is serving a stated prison term for any of the
following criminal offenses that was a felony and was committed while
the person held a public office in this state:
(i)
A violation of section 2921.02, 2921.03, 2921.05, 2921.31, 2921.32,
2921.41, 2921.42, or 2923.32 of the Revised Code;
(ii)
A violation of section 2913.42, 2921.04, 2921.11, or 2921.12 of the
Revised Code, when the conduct constituting the violation was related
to the duties of the offender's public office or to the offender's
actions as a public official holding that public office;
(iii)
A violation of an existing or former municipal ordinance or law of
this or any other state or the United States that is substantially
equivalent to any violation listed in division (A)(1)(b)(i) of this
section;
(iv)
A violation of an existing or former municipal ordinance or law of
this or any other state or the United States that is substantially
equivalent to any violation listed in division (A)(1)(b)(ii) of this
section, when the conduct constituting the violation was related to
the duties of the offender's public office or to the offender's
actions as a public official holding that public office;
(v)
A conspiracy to commit, attempt to commit, or complicity in
committing any offense listed in division (A)(1)(b)(i) or described
in division (A)(1)(b)(iii) of this section;
(vi)
A conspiracy to commit, attempt to commit, or complicity in
committing any offense listed in division (A)(1)(b)(ii) or described
in division (A)(1)(b)(iv) of this section, if the conduct
constituting the offense that was the subject of the conspiracy, that
would have constituted the offense attempted, or constituting the
offense in which the offender was complicit was or would have been
related to the duties of the offender's public office or to the
offender's actions as a public official holding that public office.
(2)
"State of emergency-qualifying offender" means any inmate
to whom all of the following apply:
(a)
The inmate is serving a stated prison term during a state of
emergency that is declared by the governor as a direct response to a
pandemic or public health emergency.
(b)
The geographical area covered by the declared state of emergency
includes the location at which the inmate is serving the stated
prison term described in division (A)(2)(a) of this section.
(c)
There is a direct nexus between the emergency that is the basis of
the governor's declaration of the state of emergency and the
circumstances of, and need for release of, the inmate.
(3)(a)
"Eighty per cent-qualifying offender" means an offender who
is serving a stated prison term of one year or more, on or after
April 4, 2023, who has commenced service of that stated prison term,
who is not serving a stated prison term that includes a disqualifying
prison term or a stated prison term that consists solely of one or
more restricting prison terms, and to whom either of the following
applies:
(i)
If the offender is serving a stated prison term of one year or more
that includes one or more restricting prison terms and one or more
eligible prison terms, the offender has fully served all restricting
prison terms and has served eighty per cent of that stated prison
term that remains to be served after all restricting prison terms
have been fully served.
(ii)
If the offender is serving a stated prison term of one year or more
that consists solely of one or more eligible prison terms, the
offender has served eighty per cent of that stated prison term.
(b)
For purposes of determining whether an offender is an eighty per
cent-qualifying offender under division (A)(3)(a) of this section:
(i)
If the offender's stated prison term includes consecutive prison
terms, any restricting prison terms shall be deemed served prior to
any eligible prison terms that run consecutively to the restricting
prison terms, and the eligible prison terms are deemed to commence
after all of the restricting prison terms have been fully served.
(ii)
An offender serving a stated prison term of one year or more that
includes a mandatory prison term that is not a disqualifying prison
term and is not a restricting prison term is not automatically
disqualified from being an eighty per cent-qualifying offender as a
result of the offender's service of that mandatory term for release
from prison under this section, and the offender may be eligible for
release from prison in accordance with this division and division (O)
of this section.
(4)
"Nonmandatory prison term" means a prison term that is not
a mandatory prison term.
(5)
"Public office" means any elected federal, state, or local
government office in this state.
(6)
"Victim's representative" has the same meaning as in
section 2930.01 of the Revised Code.
(7)
"Imminent danger of death," "medically incapacitated,"
and "terminal illness" have the same meanings as in section
2967.05 of the Revised Code.
(8)
"Aggregated nonmandatory prison term or terms" means the
aggregate of the following:
(a)
All nonmandatory definite prison terms;
(b)
With respect to any non-life felony indefinite prison term, all
nonmandatory minimum prison terms imposed as part of the non-life
felony indefinite prison term or terms.
(9)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.
(10)
"Disqualifying prison term" means any of the following:
(a)
A prison term imposed for aggravated murder, murder, voluntary
manslaughter, involuntary manslaughter, felonious assault,
kidnapping, rape, aggravated arson, aggravated burglary, or
aggravated robbery;
(b)
A prison term imposed for complicity in, an attempt to commit, or
conspiracy to commit any offense listed in division (A)(10)(a) of
this section;
(c)
A prison term of life imprisonment, including any term of life
imprisonment that has parole eligibility;
(d)
A prison term imposed for any felony other than carrying a concealed
weapon an essential element of which is any conduct or failure to act
expressly involving any deadly weapon or dangerous ordnance;
(e)
A prison term imposed for any violation of section 2925.03 of the
Revised Code that is a felony of the first or second degree;
(f)
A prison term imposed for engaging in a pattern of corrupt activity
in violation of section 2923.32 of the Revised Code;
(g)
A prison term imposed pursuant to section 2971.03 of the Revised
Code;
(h)
A prison term imposed for any sexually oriented offense.
(11)
"Eligible prison term" means any prison term that is not a
disqualifying prison term and is not a restricting prison term.
(12)
"Restricting prison term" means any of the following:
(a)
A mandatory prison term imposed under division (B)(1)(a), (B)(1)(c),
(B)(1)(f), (B)(1)(g), (B)(2), or (B)(7) of section 2929.14 of the
Revised Code for a specification of the type described in that
division;
(b)
In the case of an offender who has been sentenced to a mandatory
prison term for a specification of the type described in division
(A)(12)(a) of this section, the prison term imposed for the felony
offense for which the specification was stated at the end of the body
of the indictment, count in the indictment, or information charging
the offense;
(c)
A prison term imposed for trafficking in persons;
(d)
A prison term imposed for any offense that is described in division
(A)(12)(d)(i) of this section if division (A)(12)(d)(ii) of this
section applies to the offender:
(i)
The offense is a felony of the first or second degree that is an
offense of violence and that is not described in division (A)(10)(a)
or (b) of this section, an attempt to commit a felony of the first or
second degree that is an offense of violence and that is not
described in division (A)(10)(a) or (b) of this section if the
attempt is a felony of the first or second degree, or an offense
under an existing or former law of this state, another state, or the
United States that is or was substantially equivalent to any other
offense described in this division.
(ii)
The offender previously was convicted of or pleaded guilty to any
offense listed in division (A)(10) or (A)(12)(d)(i) of this section.
(13)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(14)
"Stated prison term of one year or more" means a definite
prison term of one year or more imposed as a stated prison term, or a
minimum prison term of one year or more imposed as part of a stated
prison term that is a non-life felony indefinite prison term.
(15)
"Classification of the offense" means the severity of the
offense as a felony of the first, second, third, fourth, or fifth
degree.
(B)
On the motion of an eligible offender, on the motion of a state of
emergency-qualifying offender made during the declared state of
emergency, or on its own motion with respect to an eligible offender
or with respect to a state of emergency-qualifying offender during
the declared state of emergency, the sentencing court may reduce the
offender's aggregated nonmandatory prison term or terms through a
judicial release under this section.
(C)(1)
Subject to division (C)(2) of this section, an eligible offender may
file a motion for judicial release with the sentencing court, or a
state of emergency-qualifying offender may file a motion for judicial
release with the sentencing court during the declared state of
emergency, within the following applicable periods:
(a)
If the aggregated nonmandatory prison term or terms is less than two
years, the eligible offender or state of emergency-qualifying
offender may file the motion at any time after the offender is
delivered to a state correctional institution or, if the prison term
includes a mandatory prison term or terms, at any time after the
expiration of all mandatory prison terms.
(b)
If the aggregated nonmandatory prison term or terms is at least two
years but less than five years, the eligible offender or state of
emergency-qualifying offender may file the motion not earlier than
one hundred eighty days after the offender is delivered to a state
correctional institution or, if the prison term includes a mandatory
prison term or terms, not earlier than one hundred eighty days after
the expiration of all mandatory prison terms.
(c)
If the aggregated nonmandatory prison term or terms is five years,
the eligible offender or state of emergency-qualifying offender may
file the motion not earlier than the date on which the offender has
served four years of the offender's stated prison term or, if the
prison term includes a mandatory prison term or terms, not earlier
than four years after the expiration of all mandatory prison terms.
(d)
If the aggregated nonmandatory prison term or terms is more than five
years but not more than ten years, the eligible offender or state of
emergency-qualifying offender may file the motion not earlier than
the date on which the offender has served five years of the
offender's stated prison term or, if the prison term includes a
mandatory prison term or terms, not earlier than five years after the
expiration of all mandatory prison terms.
(e)
If the aggregated nonmandatory prison term or terms is more than ten
years, the eligible offender or state of emergency-qualifying
offender may file the motion not earlier than the later of the date
on which the offender has served one-half of the offender's stated
prison term or the date specified in division (C)(1)(d) of this
section.
(f)
With respect to a state of emergency-qualifying offender, if the
offender's prison term does not include a mandatory prison term or
terms, or if the offender's prison term includes one or more
mandatory prison terms and the offender has completed the mandatory
prison term or terms, the state of emergency-qualifying offender may
file the motion at any time during the offender's aggregated
nonmandatory prison term or terms, provided that time also is during
the declared state of emergency.
(2)
During any single declared state of emergency, a state of
emergency-qualifying offender may only file a motion for judicial
release as a state of emergency-qualifying offender with the
sentencing court during that declared state of emergency once every
six months.
(D)(1)(a)
Upon receipt of a timely motion for judicial release filed by an
eligible offender or a state of emergency-qualifying offender under
division (C) of this section, or upon the sentencing court's own
motion made within the appropriate time specified in that division,
the court may deny the motion without a hearing or schedule a hearing
on the motion. The court may grant the motion without a hearing for
an offender under consideration for judicial release as a state of
emergency-qualifying offender, but the court shall not grant the
motion without a hearing for an offender under consideration as an
eligible offender. If a court denies a motion without a hearing, the
court later may consider judicial release for that eligible offender
or that state of emergency-qualifying offender on a subsequent
motion. For an offender under consideration for judicial release as
an eligible offender, but not for one under consideration as a state
of emergency-qualifying offender, the court may deny the motion with
prejudice. If a court denies a motion with prejudice, the court may
later consider judicial release on its own motion. For an offender
under consideration for judicial release as a state of
emergency-qualifying offender, the court shall not deny a motion with
prejudice. For an offender under consideration for judicial release
as an eligible offender, but not for one under consideration as a
state of emergency-qualifying offender, if a court denies a motion
after a hearing, the court shall not consider a subsequent motion for
that offender based on the offender's classification as an eligible
offender. The court may hold multiple hearings for any offender under
consideration for judicial release as a state of emergency-qualifying
offender, but shall hold only one hearing for any offender under
consideration as an eligible offender.
(b)
If an offender is under consideration for judicial release as an
eligible offender and the motion is denied, and if the offender at
that time also is or subsequently becomes a state of
emergency-qualifying offender, the denial does not limit or affect
any right of the offender to file a motion under this section for
consideration for judicial release as a state of emergency-qualifying
offender or for the court on its own motion to consider the offender
for judicial release as a state of emergency-qualifying offender.
If
an offender is under consideration for judicial release as a state of
emergency-qualifying offender and the motion is denied, and if the
offender at that time also is or subsequently becomes an eligible
offender, the denial does not limit or affect any right of the
offender to file a motion under this section for consideration for
judicial release as an eligible offender or for the court on its own
motion to consider the offender for judicial release as an eligible
offender.
(2)(a)
With respect to a motion for judicial release filed by an offender as
an eligible offender or made by the court on its own motion for an
offender as an eligible offender, a hearing under this section shall
be conducted in open court not less than thirty or more than sixty
days after the motion is filed, provided that the court may delay the
hearing for one hundred eighty additional days. If the court holds a
hearing, the court shall enter a ruling on the motion within ten days
after the hearing. If the court denies the motion without a hearing,
the court shall enter its ruling on the motion within sixty days
after the motion is filed.
(b)
With respect to a motion for judicial release filed by an offender as
a state of emergency-qualifying offender or made by the court on its
own motion for an offender as a state of emergency-qualifying
offender, the court shall notify the prosecuting attorney of the
county in which the offender was indicted and may order the
prosecuting attorney to respond to the motion in writing within ten
days. The prosecuting attorney shall notify the victim pursuant to
the Ohio Constitution. The prosecuting attorney shall include in the
response any statement that the victim wants to be represented to the
court. The court shall consider any response from the prosecuting
attorney and any statement from the victim in its ruling on the
motion. After receiving the response from the prosecuting attorney,
the court either shall order a hearing consistent with divisions (E)
to (I) of this section as soon as possible, or shall enter its ruling
on the motion for judicial release as soon as possible. If the court
conducts a hearing, the hearing shall be conducted in open court or
by a virtual, telephonic, or other form of remote hearing. If the
court holds a hearing, the court shall enter a ruling on the motion
within ten days after the hearing. If the court denies the motion
without a hearing, the court shall enter its ruling on the motion
within ten days after the motion is filed or after it receives the
response from the prosecuting attorney.
(E)
If a court schedules a hearing under divisions (D)(1) and (2)(a) of
this section or under divisions (D)(1) and (2)(b) of this section,
the court shall notify the subject eligible offender or state of
emergency-qualifying offender and the head of the state correctional
institution in which that subject offender is confined prior to the
hearing. The head of the state correctional institution immediately
shall notify the appropriate person at the department of
rehabilitation and correction of the hearing, and the department
within twenty-four hours after receipt of the notice, shall post on
the database it maintains pursuant to section 5120.66 of the Revised
Code the subject offender's name and all of the information specified
in division (A)(1)(c)(i) of that section. If the court schedules a
hearing for judicial release, the court promptly shall give notice of
the hearing to the prosecuting attorney of the county in which the
subject eligible offender or state of emergency-qualifying offender
was indicted. Upon receipt of the notice from the court, the
prosecuting attorney shall do whichever of the following is
applicable:
(1)
Subject to division (E)(2) of this section, notify the victim of the
offense and the victim's representative, if applicable, pursuant to
the Ohio Constitution and division (B) of section 2930.16 of the
Revised Code;
(2)
If the offense was an offense of violence that is a felony of the
first, second, or third degree, except as otherwise provided in this
division, pursuant to the Ohio Constitution, notify the victim and
the victim's representative, if applicable, of the hearing regardless
of whether the victim or victim's representative has requested the
notification. Except when notice to the victim is required under the
Ohio Constitution, the notice of the hearing shall not be given under
this division to a victim or victim's representative if the victim or
victim's representative has requested pursuant to division (B)(2) of
section 2930.03 of the Revised Code that the victim or the victim's
representative not be provided the notice. If notice is to be
provided to a victim or victim's representative under this division,
the prosecuting attorney may give the notice by any reasonable means,
including regular mail, telephone, and electronic mail, in accordance
with division (D)(1) of section 2930.16 of the Revised Code. If the
notice is based on an offense committed prior to March 22, 2013, the
notice also shall include the opt-out information described in
division (D)(1) of section 2930.16 of the Revised Code. The
prosecuting attorney, in accordance with division (D)(2) of section
2930.16 of the Revised Code, shall keep a record of all attempts to
provide the notice, and of all notices provided, under this division.
Division (E)(2) of this section, and the notice-related provisions of
division (K) of this section, division (D)(1) of section 2930.16,
division (H) of section 2967.12, division (E)(1)(b) of section
2967.19 as it existed prior to April 4, 2023, division (A)(3)(b) of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act in
which division (E)(2) of this section was enacted, shall be known as
"Roberta's Law."
(F)
Upon an offender's successful completion of rehabilitative
activities, the head of the state correctional institution may notify
the sentencing court of the successful completion of the activities.
(G)
Prior to the date of the hearing on a motion for judicial release
made by an eligible offender, by a state of emergency-qualifying
offender, or by a court on its own under this section, the head of
the state correctional institution in which the subject offender is
confined shall send to the court an institutional summary report on
the offender's conduct in the institution and in any institution from
which the offender may have been transferred. Upon the request of the
prosecuting attorney of the county in which the subject offender was
indicted or of any law enforcement agency, the head of the state
correctional institution, at the same time the person sends the
institutional summary report to the court, also shall send a copy of
the report to the requesting prosecuting attorney and law enforcement
agencies. The institutional summary report shall cover the subject
offender's participation in school, vocational training, work,
treatment, and other rehabilitative activities and any disciplinary
action taken against the subject offender. The report shall be made
part of the record of the hearing. A presentence investigation report
is not required for judicial release.
(H)
If the court grants a hearing on a motion for judicial release made
by an eligible offender, by a state of emergency-qualifying offender,
or by a court on its own under this section, the subject offender
shall attend the hearing if ordered to do so by the court. Upon
receipt of a copy of the journal entry containing the order, the head
of the state correctional institution in which the subject offender
is incarcerated shall deliver the subject offender to the sheriff of
the county in which the hearing is to be held. The sheriff shall
convey the subject offender to and from the hearing.
(I)
At the hearing on a motion for judicial release under this section
made by an eligible offender, by a state of emergency-qualifying
offender, or by a court on its own, the court shall afford the
subject offender and the offender's attorney an opportunity to
present written and, if present, oral information relevant to the
motion. The court shall afford a similar opportunity to the
prosecuting attorney, the victim, the victim's representative, the
victim's attorney, if applicable, and any other person the court
determines is likely to present additional relevant information. The
court shall consider any oral or written statement of a victim,
victim's representative, and victim's attorney, if applicable, made
pursuant to section 2930.14 or 2930.17 of the Revised Code, any
victim impact statement prepared pursuant to section 2947.051 of the
Revised Code, and any report made under division (G) of this section.
The court may consider any written statement of any person submitted
to the court pursuant to division (L) of this section.
If
the motion alleges that the offender who is the subject of the motion
is an eligible offender and the court makes an initial determination
that the offender satisfies the criteria for being an eligible
offender, or if the motion alleges that the offender who is the
subject of the motion is a state of emergency-qualifying offender and
the court makes an initial determination that the offender satisfies
the criteria for being a state of emergency-qualifying offender, the
court shall determine whether to grant
or
deny
the
motion.
The
court shall not deny judicial release under this section to an
offender solely based on the classification of the offense.
After
ruling on the motion, the court shall notify the prosecuting attorney
of the county in which the eligible offender or state of
emergency-qualifying offender was indicted of the ruling, and the
prosecuting attorney shall notify the victim and the victim's
representative of the ruling in accordance with sections 2930.03 and
2930.16 of the Revised Code or, if the court granted the motion, in
accordance with division (K) of this section.
(J)(1)
A court shall not grant a judicial release under this section to an
offender who is imprisoned for a felony of the first or second degree
and who is under consideration as an eligible offender, or to an
offender who committed an offense under Chapter 2925. or 3719. of the
Revised Code, who is under consideration as an eligible offender, and
for whom there was a presumption under section 2929.13 of the Revised
Code in favor of a prison term, unless the court, with reference to
factors under section 2929.12 of the Revised Code, finds both of the
following:
(a)
That a sanction other than a prison term would adequately punish the
offender and protect the public from future criminal violations by
the offender because the applicable factors indicating a lesser
likelihood of recidivism outweigh the applicable factors indicating a
greater likelihood of recidivism;
(b)
That a sanction other than a prison term would not demean the
seriousness of the offense because factors indicating that the
offender's conduct in committing the offense was less serious than
conduct normally constituting the offense outweigh factors indicating
that the eligible offender's conduct was more serious than conduct
normally constituting the offense.
(2)
A court that grants a judicial release under division (J)(1) of this
section to an offender who is under consideration as an eligible
offender shall specify on the record both findings required in that
division and also shall list all the factors described in that
division that were presented at the hearing.
(3)(a)
Subject to division (J)(3)(b) of this section, a court shall grant a
judicial release under this section to an offender who is under
consideration as a state of emergency-qualifying offender if the
court determines that the risks posed by incarceration to the health
and safety of the offender, because of the nature of the declared
state of emergency, outweigh the risk to public safety if the
offender were to be released from incarceration.
(b)
A court shall not grant a judicial release under this section to an
offender who is imprisoned for a felony of the first or second degree
and is under consideration for judicial release as a state of
emergency-qualifying offender unless the court, with reference to the
factors specified under section 2929.12 of the Revised Code, finds
both of the criteria set forth in divisions (J)(1)(a) and (b) of this
section.
(K)
If the court grants a motion for judicial release under this section,
the court shall order the release of the eligible offender or state
of emergency-qualifying offender, shall place the offender under an
appropriate community control sanction, under appropriate conditions,
and under the supervision of the department of probation serving the
court and shall reserve the right to reimpose the sentence that it
reduced if the offender violates the sanction. If the court reimposes
the reduced sentence, it may do so either concurrently with, or
consecutive to, any new sentence imposed on the eligible offender or
state of emergency-qualifying offender as a result of the violation
that is a new offense. Except as provided in division (N)(5)(b) of
this section, the period of community control shall be no longer than
five years. The court, in its discretion, may reduce the period of
community control by the amount of time the offender spent in jail or
prison for the offense and in prison. If the court made any findings
pursuant to division (J)(1) of this section, the court shall serve a
copy of the findings upon counsel for the parties within fifteen days
after the date on which the court grants the motion for judicial
release.
If
the court grants a motion for judicial release, the court shall
notify the appropriate person at the department of rehabilitation and
correction, and the department shall post notice of the release on
the database it maintains pursuant to section 5120.66 of the Revised
Code. The court also shall notify the prosecuting attorney of the
county in which the eligible offender or state of
emergency-qualifying offender was indicted that the motion has been
granted. When notice to the victim is required under the Ohio
Constitution, the prosecuting attorney shall notify the victim and
the victim's representative, if applicable, of the judicial release.
In all other cases, unless the victim or the victim's representative
has requested pursuant to division (B)(2) of section 2930.03 of the
Revised Code that the victim or victim's representative not be
provided the notice, the prosecuting attorney shall notify the victim
and the victim's representative, if applicable, of the judicial
release in any manner, and in accordance with the same procedures,
pursuant to which the prosecuting attorney is authorized to provide
notice of the hearing pursuant to division (E)(2) of this section. If
the notice is based on an offense committed prior to March 22, 2013,
the notice to the victim or victim's representative also shall
include the opt-out information described in division (D)(1) of
section 2930.16 of the Revised Code.
(L)
In addition to and independent of the right of a victim to make a
statement pursuant to section 2930.14, 2930.17, or 2946.051 of the
Revised Code and any right of a person to present written information
or make a statement pursuant to division (I) of this section, any
person may submit to the court, at any time prior to the hearing on
the motion for judicial release of the eligible offender or state of
emergency-qualifying offender, a written statement concerning the
effects of the offender's criminal offense, the circumstances
surrounding the criminal offense, the manner in which the criminal
offense was perpetrated, and the person's opinion as to whether the
offender should be released.
(M)(1)
The changes to this section that are made on September 30, 2011,
apply to any judicial release decision made on or after September 30,
2011, for any eligible offender, subject to division (M)(2) of this
section.
(2)
The changes to this section that are made on April 4, 2023, apply to
any judicial release application, and any judicial release decision,
made on or after April 4, 2023, for any eligible offender or state of
emergency-qualifying offender.
(N)(1)
Notwithstanding the eligibility requirements specified in divisions
(A)(1) and (2) of this section and the filing time frames specified
in division (C) of this section and notwithstanding the findings
required under division (J)(1) and the eligibility criteria specified
in division (J)(3) of this section, the sentencing court, upon the
court's own motion and after considering whether the release of the
offender into society would create undue risk to public safety, may
grant a judicial release to an offender who is not serving a life
sentence at any time during the offender's imposed sentence when the
director of rehabilitation and correction certifies to the sentencing
court through the chief medical officer for the department of
rehabilitation and correction that the offender is in imminent danger
of death, is medically incapacitated, or has a terminal illness.
(2)
The director of rehabilitation and correction shall not certify any
offender under division (N)(1) of this section who is serving a death
sentence.
(3)
A motion made by the court under division (N)(1) of this section is
subject to the notice, hearing, and other procedural requirements
specified in divisions (D), (E), (G), (H), (I), (K), and (L) of this
section with respect to motions for a grant of judicial release to
eligible offenders, including notice to the victim, except for the
following:
(a)
The court may waive the offender's appearance at any hearing
scheduled by the court if the offender's condition makes it
impossible for the offender to participate meaningfully in the
proceeding.
(b)
The court may grant the motion without a hearing, provided that the
prosecuting attorney, victim, and victim's representative, if
applicable, to whom notice of the hearing was provided under division
(E) of this section indicate that they do not wish to participate in
the hearing or present information relevant to the motion.
(4)
The court may request health care records from the department of
rehabilitation and correction to verify the certification made under
division (N)(1) of this section.
(5)(a)
If the court grants judicial release under division (N)(1) of this
section, the court shall do all of the following:
(i)
Order the release of the offender;
(ii)
Place the offender under an appropriate community control sanction,
under appropriate conditions;
(iii)
Place the offender under the supervision of the department of
probation serving the court or under the supervision of the adult
parole authority.
(b)
The court, in its discretion, may revoke the judicial release if the
offender violates the community control sanction described in
division (N)(5)(a) of this section. The period of that community
control is not subject to the five-year limitation described in
division (K) of this section and shall not expire earlier than the
date on which all of the offender's mandatory prison terms expire.
(6)
If the health of an offender who is released under division (N)(1) of
this section improves so that the offender is no longer terminally
ill, medically incapacitated, or in imminent danger of death, the
court shall, upon the court's own motion, revoke the judicial
release. The court shall not grant the motion without a hearing
unless the offender waives a hearing. If a hearing is held, the court
shall afford the offender and the offender's attorney an opportunity
to present written and, if the offender or the offender's attorney is
present, oral information relevant to the motion. The court shall
afford a similar opportunity to the prosecuting attorney, the victim,
the victim's representative, the victim's attorney, if applicable,
and any other person the court determines is likely to present
additional relevant information. If a hearing is held, the
prosecuting attorney shall notify the victim and the victim's
representative, if applicable, pursuant to the Ohio Constitution. A
court that grants a motion under this division shall specify its
findings on the record.
(O)(1)
Separate from and independent of the provisions of divisions (A) to
(N) of this section, the director of the department of rehabilitation
and correction may recommend in writing to the sentencing court that
the court consider releasing from prison, through a judicial release,
any offender who is confined in a state correctional institution and
who is an eighty per cent-qualifying offender. The director may file
such a recommendation for judicial release by submitting to the
sentencing court a notice, in writing, of the recommendation within
the applicable period specified in division (A)(3) of this section
for qualifying as an eighty per cent-qualifying offender.
The
director shall include with any notice submitted to the sentencing
court under this division an institutional summary report that covers
the offender's participation while confined in a state correctional
institution in school, training, work, treatment, and other
rehabilitative activities and any disciplinary action taken against
the offender while so confined. The director shall include with the
notice any other documentation requested by the court, if available.
If
the director submits a notice under this division recommending
judicial release, the department promptly shall provide to the
prosecuting attorney of the county in which the offender was indicted
a copy of the written notice and recommendation, a copy of the
institutional summary report, and any other information provided to
the court, and shall provide a copy of the institutional summary
report to any law enforcement agency that requests the report. The
department also shall provide written notice of the submission of the
director's notice to any victim of the offender or victim's
representative, if applicable, in the same manner as is specified in
divisions (E)(1) and (2) of this section with respect to notices of
hearings.
(2)
A recommendation for judicial release in a notice submitted by the
director under division (O)(1) of this section is subject to the
notice, hearing, and other procedural requirements specified in
divisions (E), (H), (I), and (L) of this section, including notice to
the victim pursuant to the Ohio Constitution, except as otherwise
specified in divisions (O)(3) to (5) of this section, provided that
references in divisions (E), (H), (I), (K), and (L) of this section
to "the motion" shall be construed for purposes of division
(O) of this section as being references to the notice and
recommendation specified in division (O)(1) of this section.
(3)
The director's submission of a notice under division (O)(1) of this
section constitutes a recommendation by the director that the court
strongly consider a judicial release of the offender consistent with
the purposes and principles of sentencing set forth in sections
2929.11 and 2929.13 of the Revised Code and establishes a rebuttable
presumption that the offender shall be released through a judicial
release in accordance with the recommendation. The presumption of
release may be rebutted only as described in division (O)(6) of this
section. Only an offender recommended by the director under division
(O)(1) of this section may be considered for a judicial release under
division (O) of this section.
(4)
Upon receipt of a notice recommending judicial release submitted by
the director under division (O)(1) of this section, the court shall
schedule a hearing to consider the recommendation for the judicial
release of the offender who is the subject of the notice. The hearing
shall be conducted in open court not less than thirty or more than
sixty days after the notice is submitted. The court shall inform the
department and the prosecuting attorney of the county in which the
offender who is the subject of the notice was indicted of the date,
time, and location of the hearing. Upon receipt of the notice from
the court, the prosecuting attorney shall comply with division (E) of
this section, including providing notice to the victim and the
victim's representative, if applicable, pursuant to the Ohio
Constitution, and the department shall post the information specified
in that division.
(5)
When a court schedules a hearing under division (O)(4) of this
section, at the hearing, the court shall consider all of the
following in determining whether to grant the offender judicial
release under division (O) of this section:
(a)
The institutional summary report submitted under division (O)(1) of
this section;
(b)
The inmate's academic, vocational education programs, or alcohol or
drug treatment programs; or involvement in meaningful activity;
(c)
The inmate's assignments and whether the inmate consistently
performed each work assignment to the satisfaction of the department
staff responsible for supervising the inmate's work;
(d)
The inmate transferred to and actively participated in core
curriculum programming at a reintegration center prison;
(e)
The inmate's disciplinary history;
(f)
The inmate's security level;
(g)
All other information, statements, reports, and documentation
described in division (I) of this section.
(6)
If the court that receives a notice recommending judicial release
submitted by the director under division (O)(1) of this section makes
an initial determination that the offender satisfies the criteria for
being an eighty per cent-qualifying offender, the court then shall
determine whether to grant
or
deny
the
offender judicial release. In making the
second
determination,
the court shall grant the offender judicial release unless the
prosecuting attorney proves to the court, by a preponderance of the
evidence, that the legitimate interests of the government in
maintaining the offender's confinement outweigh the interests of the
offender in being released from that confinement.
The
court shall not deny judicial release under this division to an
offender solely based on the classification of the offense.
If
the court grants a judicial release under this division, division (K)
of this section applies regarding the judicial release, including
notice to the victim and the victim's representative, if applicable,
pursuant to the Ohio Constitution, provided that references in
division (K) of this section to "the motion" shall be
construed for purposes of the judicial release granted under this
division as being references to the notice and recommendation
specified in division (O)(1) of this section.
The
court shall enter its ruling on the notice recommending judicial
release submitted by the director under division (O)(1) of this
section within ten days after the hearing is conducted. After ruling
on whether to grant the offender judicial release under division (O)
of this section, the court shall notify the offender, the prosecuting
attorney, and the department of rehabilitation and correction of its
decision, and shall notify the victim of its decision in accordance
with the Ohio Constitution and sections 2930.03 and 2930.16 of the
Revised Code. If the court does not enter a ruling on the notice
within ten days after the hearing is conducted as required under this
division, the division of parole and community services of the
department of rehabilitation and correction may release the offender.
(P)
All notices to a victim of an offense provided under division (D),
(E), (K), (N), or (O) of this section shall be provided in accordance
with the Ohio Constitution.
Section
2.
That
existing section 2929.20 of the Revised Code is hereby repealed.