2006 Ohio Revised Code - 5120.61. Risk assessment reports for sexually violent predators.

§ 5120.61. Risk assessment reports for sexually violent predators.
 

(A) (1)  Not later than ninety days after the effective date of this section, the department of rehabilitation and correction shall adopt standards that it will use under this section to assess a criminal offender who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and is adjudicated a sexually violent predator in relation to that offense. The department may periodically revise the standards. 

(2) When the department is requested by the parole board or the court to provide a risk assessment report of the offender under section 2971.04 or 2971.05 of the Revised Code, it shall assess the offender and complete the assessment as soon as possible after the offender has commenced serving the prison term or term of life imprisonment without parole imposed under division (A) of section 2971.03 of the Revised Code. Thereafter, the department shall update a risk assessment report pertaining to an offender as follows: 

(a) Periodically, in the discretion of the department, provided that each report shall be updated no later than two years after its initial preparation or most recent update; 

(b) Upon the request of the parole board for use in determining pursuant to section 2971.04 of the Revised Code whether it should terminate its control over an offender's service of a prison term imposed upon the offender under division (A)(3) of section 2971.03 of the Revised Code; 

(c) Upon the request of the court. 

(3) After the department of rehabilitation and correction assesses an offender pursuant to division (A)(2) of this section, it shall prepare a report that contains its risk assessment for the offender or, if a risk assessment report previously has been prepared, it shall update the risk assessment report. 

(4) The department of rehabilitation and correction shall provide each risk assessment report that it prepares or updates pursuant to this section regarding an offender to all of the following: 

(a) The parole board for its use in determining pursuant to section 2971.04 of the Revised Code whether it should terminate its control over an offender's service of a prison term imposed upon the offender under division (A)(3) of section 2971.03 of the Revised Code, if the parole board has not terminated its control over the offender; 

(b) The court for use in determining, pursuant to section 2971.05 of the Revised Code, whether to modify the requirement that the offender serve the entire prison term imposed upon the offender under division (A)(3) of section 2971.03 of the Revised Code in a state correctional institution, whether to revise any modification previously made, or whether to terminate the prison term; 

(c) The prosecuting attorney who prosecuted the case, or the successor in office to that prosecuting attorney; 

(d) The offender. 

(B)  When the department of rehabilitation and correction provides a risk assessment report regarding an offender to the parole board or court pursuant to division (A)(4)(a) or (b) of this section, the department, prior to the parole board's or court's hearing, also shall provide to the offender or to the offender's attorney of record a copy of the report and a copy of any other relevant documents the department possesses regarding the offender that the department does not consider to be confidential. 

(C)  As used in this section: 

(1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. 

(2) "Designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same meanings as in section 2971.01 of the Revised Code. 
 

HISTORY: 146 v H 180. Eff 1-1-97; 150 v H 473, § 1, eff. 4-29-05.
 

The effective date is set by section 3 of HB 180. 

See provisions, § 4 of HB 180 (146 v  - ), following RC § 5120.49. 

 

Effect of Amendments

150 v H 473, effective April 29, 2005, rewrote (A)(1) and (C).