2006 Ohio Revised Code - 2967.12. Notice of pendency of pardon, commutation, or parole; right to give testimony, present information, or make statement.

§ 2967.12. Notice of pendency of pardon, commutation, or parole; right to give testimony, present information, or make statement.
 

(A)  Except as provided in division (G) of this section, at least three weeks before the adult parole authority recommends any pardon or commutation of sentence, or grants any parole, the authority shall send a notice of the pendency of the pardon, commutation, or parole, setting forth the name of the person on whose behalf it is made, the offense of which the person was convicted or to which the person pleaded guilty, the time of conviction or the guilty plea, and the term of the person's sentence, to the prosecuting attorney and the judge of the court of common pleas of the county in which the indictment against the person was found. If there is more than one judge of that court of common pleas, the authority shall send the notice to the presiding judge. The department of rehabilitation and correction, at the same time that it provides the notice to the prosecuting attorney and judge under this division, also shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(iii) of that section. 

(B)  If a request for notification has been made pursuant to section 2930.16 of the Revised Code, the adult parole authority also shall give notice to the victim or the victim's representative prior to recommending any pardon or commutation of sentence for, or granting any parole to, the person. The authority shall provide the notice at the same time as the notice required by division (A) of this section and shall include in the notice the information required to be set forth in that notice. The notice also shall inform the victim or the victim's representative that the victim or representative may send a written statement relative to the victimization and the pending action to the adult parole authority and that, if the authority receives any written statement prior to recommending a pardon or commutation or granting a parole for a person, the authority will consider the statement before it recommends a pardon or commutation or grants a parole. If the person is being considered for parole, the notice shall inform the victim or the victim's representative that a full board hearing of the parole board may be held and that the victim or victim's representative may contact the office of victims' services for further information. If the person being considered for parole was convicted of or pleaded guilty to violating section 2903.01 or 2903.02 of the Revised Code, the notice shall inform the victim of that offense, the victim's representative, or a member of the victim's immediate family that the victim, the victim's representative, and the victim's immediate family have the right to give testimony at a full board hearing of the parole board and that the victim or victim's representative may contact the office of victims' services for further information. As used in this division, "the victim's immediate family" means the mother, father, spouse, sibling, or child of the victim. 

(C)  When notice of the pendency of any pardon, commutation of sentence, or parole has been given to a judge or prosecutor or posted on the database as provided in division (A) of this section and a hearing on the pardon, commutation, or parole is continued to a date certain, the authority shall provide notice of the further consideration of the pardon, commutation, or parole at least ten days before the further consideration. The notice of the further consideration shall be provided to the proper judge and prosecuting attorney by mail at least ten days before the further consideration, and, if the initial notice was posted on the database as provided in division (A) of this section, the notice of the further consideration shall be posted on the database at least ten days before the further consideration. When notice of the pendency of any pardon, commutation, or parole has been given as provided in division (B) of this section and the hearing on it is continued to a date certain, the authority shall give notice of the further consideration to the victim or the victim's representative in accordance with section 2930.03 of the Revised Code. 

(D)  In case of an application for the pardon or commutation of sentence of a person sentenced to capital punishment, the governor may modify the requirements of notification and publication if there is not sufficient time for compliance with the requirements before the date fixed for the execution of sentence. 

(E)  If an offender is serving a prison term imposed under division (A)(3) of section 2971.03 of the Revised Code and if the parole board terminates its control over the offender's service of that term pursuant to section 2971.04 of the Revised Code, the parole board immediately shall provide written notice of its termination of control or the transfer of control to the entities and persons specified in section 2971.04 of the Revised Code. 

(F)  The failure of the adult parole authority to comply with the notice or posting provisions of division (A), (B), or (C) of this section or the failure of the parole board to comply with the notice provisions of division (E) of this section do not give any rights or any grounds for appeal or post-conviction relief to the person serving the sentence. 

(G)  Divisions (A), (B), and (C) of this section do not apply to any release of a person that is of the type described in division (B)(2)(b) of section 5120.031 [5120.03.1] of the Revised Code. 

(H)  In addition to and independent of the right of a victim to make a statement as described in division (A) of this section or pursuant to section 2930.17 of the Revised Code or to otherwise make a statement, the authority for a judge or prosecuting attorney to furnish statements and information, make recommendations, and give testimony as described in division (A) of this section, the right of a prosecuting attorney, judge, or victim to give testimony or submit a statement at a full parole board hearing pursuant to section 5149.101 [5149.10.1] of the Revised Code, and any other right or duty of a person to present information or make a statement, any person may send to the adult parole authority at any time prior to the authority's recommending a pardon or commutation or granting a parole for the offender a written statement relative to the offense and the pending action. 
 

HISTORY: 130 v PtII, 153 (Eff 3-18-65); 140 v S 172 (Eff 9-26-84); 143 v S 258 (Eff 11-20-90); 145 v S 186 (Eff 10-12-94); 146 v S 2 (Eff 7-1-96); 146 v H 180. Eff 1-1-97; 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 3 of HB 180. 

See provisions, § 4 of HB 180 (146 v  - ), following RC § 2921.34. 

See provisions, § 5 of SB 2 (146 v  - ) as amended by § 3 of SB 269 (146 v  - ) following RC § 2929.03. 

 

Effect of Amendments

151 v H 15, effective November 23, 2005, in (A), inserted "or to which the person pleaded guilty" and "or the guilty plea", and added the last sentence; rewrote (C); inserted "or posting" in (F); and added (H). 

150 v H 375, effective April 29, 2005, added the last two sentences to (B). 

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