2006 Ohio Revised Code - 2967.03. Pardon, commutation, or reprieve.
The adult parole authority may exercise its functions and duties in relation to the pardon, commutation of sentence, or reprieve of a convict upon direction of the governor or upon its own initiative. It may exercise its functions and duties in relation to the parole of a prisoner who is eligible for parole upon the initiative of the head of the institution in which the prisoner is confined or upon its own initiative. When a prisoner becomes eligible for parole, the head of the institution in which the prisoner is confined shall notify the authority in the manner prescribed by the authority. The authority may investigate and examine, or cause the investigation and examination of, prisoners confined in state correctional institutions concerning their conduct in the institutions, their mental and moral qualities and characteristics, their knowledge of a trade or profession, their former means of livelihood, their family relationships, and any other matters affecting their fitness to be at liberty without being a threat to society.
The authority may recommend to the governor the pardon, commutation of sentence, or reprieve of any convict or prisoner or grant a parole to any prisoner for whom parole is authorized, if in its judgment there is reasonable ground to believe that granting a pardon, commutation, or reprieve to the convict or paroling the prisoner would further the interests of justice and be consistent with the welfare and security of society. However, the authority shall not recommend a pardon or commutation of sentence of, or grant a parole to, any convict or prisoner until the authority has complied with the applicable notice requirements of
sections 2930.16 and
2967.12 of the Revised Code and until it has considered any statement made by a victim or a victim's representative that is relevant to the convict's or prisoner's case and that was sent to the authority pursuant to
section 2930.17 of the Revised Code, any other statement made by a victim or a victim's representative that is relevant to the convict's or prisoner's case and that was received by the authority after it provided notice of the pendency of the action under
sections 2930.16 and
2967.12 of the Revised Code, and any written statement of any person submitted to the court pursuant to division (H) of
section 2967.12 of the Revised Code. If a victim, victim's representative, or the victim's spouse, parent, sibling, or child appears at a full board hearing of the parole board and gives testimony as authorized by
section 5149.101 [5149.10.1] of the Revised Code, the authority shall consider the testimony in determining whether to grant a parole. The trial judge and prosecuting attorney of the trial court in which a person was convicted shall furnish to the authority, at the request of the authority, a summarized statement of the facts proved at the trial and of all other facts having reference to the propriety of recommending a pardon or commutation, or granting a parole, together with a recommendation for or against a pardon, commutation, or parole, and the reasons for the recommendation. The trial judge, the prosecuting attorney, specified law enforcement agency members, and a representative of the prisoner may appear at a full board hearing of the parole board and give testimony in regard to the grant of a parole to the prisoner as authorized by
section 5149.101 [5149.10.1] of the Revised Code. All state and local officials shall furnish information to the authority, when so requested by it in the performance of its duties.
The adult parole authority shall exercise its functions and duties in relation to the release of prisoners who are serving a stated prison term in accordance with
section 2967.28 of the Revised Code.
HISTORY: 130 v PtII, 151 (Eff 3-18-65); 140 v S 172 (Eff 9-26-84); 142 v S 6 (Eff 6-10-87); 145 v H 571 (Eff 10-6-94); 145 v S 186 (Eff 10-12-94); 146 v S 2. Eff 7-1-96; 150 v H 375, § 1, eff. 4-29-05; 151 v H 15, § 1, eff. 11-23-05.
The effective date is set by section 6 of SB 2.
See provisions, § 5 of SB 2 (146 v - ), as amended by § 3 of SB 269 (146 v - ), following RC §
Effect of Amendments
151 v H 15, effective November 23, 2005, in the second paragraph, added "and any written statement ... 2967.12 of the Revised Code" to the end of the second sentence and made related changes.
150 v H 375, effective April 29, 2005, in the second paragraph, inserted "or the victim's spouse, parent, sibling, or child" and made related changes, and substituted "the prosecuting attorney, specified law enforcement agency members, and a representative of the prisoner" for "of the court, and the prosecuting attorney in the trial, in which a prisoner was convicted".
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