2006 Ohio Revised Code - [5149.10.1] 5149.101.Petition for full board hearing on proposed parole or re-parole; who may attend.

[§ 5149.10.1] § 5149.101. Petition for full board hearing on proposed parole or re-parole; who may attend.
 

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

(2) A victim of a violation of section 2903.01 or 2903.02 of the Revised Code, the victim's representative, or any person described in division (B)(5) of this section may request the board hold a full board hearing that relates to the proposed parole or re-parole of the person that committed the violation. If a victim, victim's representative, or other person requests a full board hearing pursuant to this division, the board shall hold a full board hearing. 

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

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

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

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

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

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

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

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

(c) The sibling of the victim of the original offense; 

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

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

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

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

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

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

HISTORY: 146 v S 2. Eff 7-1-96; 150 v H 375, § 1, eff. 4-29-05.
 

The effective date is set by section 6 of SB 2. 

See provisions, § 5 of SB 2 (146 v  - ), following RC § 5120.02.1. 

 

Effect of Amendments

150 v H 375, effective April 29, 2005, rewrote (A) and (B), and corrected internal references in (C).