KEY: Regular Case letters are old law unchanged.
Regular case letters struck through are old law removed
Large case letters are new law to be enacted with passage of bill
To amend sections 5149.01, 5149.02, 5149.09, 4149.10, 5149.101, and 5149.11 and to enact 13 sections 5149.102 and 5149.103 of the Revised Code to establish six-year terms for members of the Parole Board, to require the Governor to appoint members of the Board, and to specify certain factors that the Parole Board must consider in determining whether to grant parole to a prisoner.
Section 1. That sections 5149.01, 5149.02, 5149.09,5149.10, 5149.101, and 5149.11 be amended and sections
5149.10 and 5149.103 of the Revised Code be enacted to read as follows:
Sec. 5149.01. As used in Chapter 5149. of the Revised Code:
(A) "Authority" means the adult parole authority created by section 5149.02 of the Revised Code.
(B) "State correctional institution," "pardon," "commutation," "reprieve," "parole," "head of a state correctional institution," "convict," "prisoner," "parolee," "final release," and "parole-violator" have the same meanings as in section 2967.01 of the Revised Code.
(C) "Full board hearing" means a parole board hearing conducted by a minimum of seven parole board members as described in section 5149.101 of the Revised Code.
(D) "CRIME," "VICTIM," "MEMBER OF THE VICTIM'S FAMILY," AND "VICTIM'S REPRESENTATIVE" HAVE THE SAME MEANINGS AS IN SECTION 2930.01 OF THE REVISED CODE.
Sec. 5149.02. There is hereby created in the division of parole and community services of the department of rehabilitation and correction at bureau level an adult parole authority. The adult parole authority consists of its chief, a parole supervision section, a probation development and supervision section, and a parole board. The director of rehabilitation and correction shall appoint the chief of the adult parole authority, the superintendent of the parole supervision section, AND the superintendent of the probation development and supervision section, ([and-the-chairman-of-the-parole-board,]strike thru) all of whom shall serve at the pleasure of the director and shall be in the unclassified civil service.
The authority is a regular administrative unit of the department of rehabilitation and correction and shall operate under rules adopted by the director. The chief of the division of parole and community services may adopt supplemental rules governing operation of the authority, assigning specific powers and duties to the chief of the authority, and assigning specific functions to sections within the authority.
No person shall be appointed as chief of the adult parole authority who is not qualified by education or experience in correctional work, including law enforcement, probation, or parole, in law, in social work, or in a combination of the three categories.
Sec. 5149.09. Except as provided in section 5149.02 and division ((B)strike thru)(A) of section 5149.10 of the Revised Code, all positions in the adult parole authority are in the classified civil service of the state, and appointments to the various positions in the department shall be made in accordance with Chapter 124. of the Revised Code and with rules adopted pursuant to that chapter.
The chief of the division of parole and community services is the principal appointing authority of the adult parole authority, and the chief shall appoint all officers and employees of the authority except for those officers appointed by the director of rehabilitation and correction pursuant to section 5149.02 OF THE REVISED CODE or ([division (B)]strike thru)_ MEMBERS of THE PAROLE BOARD APPOINTED BY THE GOVERNOR PURSUANT TO section 5149.10 of the Revised Code.
Sec. 5149.10. (A)(1) The parole board shall consist of twelve members ([one-of-whom-shall-be-designated-as-chairperson-by the--director--of-the-department-of-rehabilitation-and-correction and-who-shall--continue--as--chairperson--until-a-successor-is designated]strike thru), and any other personnel that are necessary for the orderly performance of the duties of the board. In addition to the rules authorized by section 5149.02 of the Revised Code, the chief of the adult parole authority, subject to the approval of the chief of the division of parole and community services and subject to this section, shall adopt rules governing the proceedings of the parole board. The rules shall provide for the convening of full hoard hearings, the procedures to be followed in full board hearings, and general procedures to be followed in other hearings of the board and by the board's hearing officers. The rules also shall require agreement by a majority of all the board members to any recommendation of clemency transmitted to the governor.
(2) SUBJECT TO DIVISION (B) OF THIS SECTION, THE GOVERNOR SHALL APPOINT THE MEMBERS OF THE PAROLE BOARD WITH THE ADVICE AND CONSENT OF THE SENATE. TERMS OF OFFICE SHALL BE FOR SIX YEARS. EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THAT MEMBER IS APPOINTED. A MEMBER MAY BE REAPPOINTED BUT MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS. AFTER SERVING TWO CONSECUTIVE TERMS, A MEMBER MAY NOT BE REAPPOINTED UNTIL SIX YEARS HAVE ELAPSED AFTER THE END OF THE MEMBER'S SECOND TERM. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER FOR THE REMAINDER OF THAT TERM. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS AS CHAIRPERSON, WHO MAY SERVE AS CHAIRPERSON NOT MORE THAN THREE CONSECUTIVE YEARS. MEMBERS SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE.
(3) NOTWITHSTANDING DIVISION (A)(2) OF THIS SECTION, THE PERSONS WHO ARE MEMBERS OF THE PAROLE BOARD ON THE EFFECTIVE DATE OF THIS AMENDMENT SHALL CONTINUE TO SERVE ON THE BOARD AS FOLLOWS:
(a) IF THE PERSON HAS BEEN A MEMBER OF THE PAROLE BOARD FOR A PERIOD OF MORE THAN SIX YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, THAT PERSON MAY SERVE ONE SIX-YEAR TERM THAT BEGINS ON THE EFFECTIVE DATE OF THIS AMENDMENT AND MAY NOT BE REAPPOINTED TO THE PAROLE BOARD UNTIL SIX YEARS HAVE ELAPSED AFTER THE END OF THAT TERM.
(b) IF THE PERSON HAS SERVED ON THE PAROLE BOARD FOR A PERIOD OF FEWER THAN SIX YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, THAT PERSON SHALL BE CONSIDERED TO BE SERVING A SIX-YEAR TERM THAT BEGAN ON THE DATE THE MEMBER WAS MOST RECENTLY APPOINTED TO THE PAROLE BOARD.
(c) IF THE PERSON WAS APPOINTED PURSUANT TO DIVISION (B) OF THIS SECTION, THAT PERSON SHALL BE CONSIDERED TO BE SERVING A SIX-YEAR TERM THAT BEGAN ON THE DATE THE FOUR-YEAR TERM TO WHICH THE MEMBER WAS APPOINTED BEGAN.
(4) When the board members sit as a full board, the chairperson shall preside. The chairperson shall also allocate the work of the parole board among the board members. The full board shall meet at least once each month. In the case of a tie vote on the full board, the chief of the adult parole authority shall cast the deciding vote. The chairperson may designate a person to serve in the chairperson's place.
(5) Except as otherwise provided in division (B) of this section, no person shall be appointed a member of the board who is not qualified by education or experience in correctional work, including law enforcement, prosecution of offenses, advocating for the rights of victims of crime, probation, or parole, in law, in social work, or in a combination of the three categories.
(B)([The-director-of-rehabilitation-and-correction-in-consulting-with-the-governor,-shall-appoint-one]strike thru) ONE member of the PAROLE board, (-[who-]strike thru) shall be a person who has been a victim of crime or who is a member of a victim's family or who represents an organization that advocates for the rights of victims of crime. ([After-appointments,-this-member-shall-be-an-unclassified---- -employee-of-the-department-of-rehabilitation-and-correction.
([The-initial-appointment-shall-be-for-a-term-ending-four-years-after -the-effective-date-of--this-amendment.--Therefore,--the-term-of--office- of-the-member-appointed-under-this--division-shall-be--for four--years-- -,with-each-term-ending-on-the-same-day-of-the-same-month-as-did--- the-term--that-it-succeeds.--The-member-shall--hold-office--from-the-date-of-appointment-until--the-end-of-the--term-for-which-the--member-was-appointed-and-may-be--reappointed.--Vacancies--shall-be-filled--in--the-manner-provided--for-original--appointments.--Any-member-appointed--under-this--division-to-fill-a-vacancy-occurring--prior-to-the-expiration--date--of-the-term-for-which-the-member's--predecessor-was-appointed- shall-hold-office-as-a-member--for-the-remainder-of-that-term.--The-member-appointed--under-this-division--shall-continue-in-office-subsequent--to-the-expiration-date--of-the-member's-term-until--the-member's-successor-takes--office--or-until--a-period of-sixty-days-has-elapsed-,-whichever-occurs-first.]strike thru)
The member appointed under this division shall be compensated in the same manner as other board members and shall be reimbursed for actual and necessary expenses incurred in the performance of the member's duties. The member may vote on all cases heard by the full board under section 5149.101 of the Revised Code, has such duties as are assigned by the chairperson of the board, and shall coordinate the member's activities with the office of victims' services created under section 5120.60 of the Revised Code.
([As--used-in-this-division,-"crime,"-=member-of-the-victim's family,"-and- "victim"-have-the-meanings-given-in-section--2930 of-the-Revised-Code.]strike thru)
(C) The chairperson shall submit all recommendations for or against clemency directly to the governor.
(D) The chairperson shall transmit to the chief of the adult parole authority all determinations for or against parole made by the board. Parole determinations are final and are not subject to review or change by the chief.
(E) In addition to its duties pertaining to parole and clemency, if an offender is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code, the parole board shall have control over the ([offenders]strike thru) OFFENDER'S service of the prison term during the entire term unless the board terminates its control in accordance with section 2971.04 of the Revised Code. The parole board may terminate its control over the offender's service of the prison term only in accordance with section 2971.04 of the Revised Code.
Sec. 5149.101. (A) 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 of a prisoner. At a meeting of the board at which at least seven board members are present, a majority of those present shall determine whether a full board hearing shall be held.
(B) At a full board hearing that relates to the proposed parole of a prisoner and that has been petitioned for 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 indictment against the prisoner was found and members of any law enforcement agency that assisted in the prosecution of the offense;
(2) The judge of the court of common pleas who imposed the sentence of incarceration upon the prisoner, or the judge's successor;
(3) The victim of the offense for which the prisoner is serving the sentence or the victim's representative designated pursuant to section 2930.02 of the Revised Code.
(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 (3) of this section, MEMBERS OF THE CORRECTIONAL INSTITUTION INSPECTION COMMITTEE,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.
Sec. 5149.102. (A) PRIOR TO A HEARING FOR THE RELEASE ON PAROLE OF A PRISONER WHO WAS SENTENCED FOR AN OFFENSE COMMITTED PRIOR TO JULY 1, 1996, THE PAROLE BOARD SHALL ESTIMATE THE PRISON TERM THAT MIGHT HAVE BEEN IMPOSED UPON THAT PRISONER FOR THE SAME OFFENSE IF THE OFFENSE HAD BEEN COMMITTED ON OR AFTER JULY 1, 1996, TAKING INTO CONSIDERATION ALL THE VARIABLE SENTENCING FACTORS THAT ARE SET FORTH IN SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE. THE BOARD SHALL COMPARE THE TERM OF IMPRISONMENT ACTUALLY IMPOSED UPON THE PRISONER WITH ITS ESTIMATE OF THE PRISON TERM THAT MIGHT HAVE BEEN IMPOSED IF THE OFFENSE HAD BEEN COMMITTED ON OR AFTER JULY 1, 1996. PURSUANT TO DIVISION (B) OF SECTION 5149.103 OF THE REVISED CODE, THE BOARD SHALL CONSIDER THE RESULT OF THE COMPARISON AS A FACTOR IN DETERMINING WHETHER TO PLACE A PRISONER ON PAROLE.
(B) NOT LATER THAN THIRTY DAYS PRIOR TO THE DATE OF A PAROLE RELEASE HEARING FOR A PRISONER, THE PAROLE BOARD SHALL GIVE THAT PRISONER A WRITTEN STATEMENT OF ALL THE INFORMATION THAT THE PAROLE BOARD WILL CONSIDER IN DETERMINING WHETHER TO RELEASE THE PRISONER ON PAROLE. THE WRITTEN STATEMENT SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE PARTICULAR FACTS OF THE OFFENSE FOR WHICH THE PRISONER IS SERVING A TERM OF IMPRISONMENT OR OF A PRIOR OFFENSE COMMITTED BY THE PRISONER THAT THE PAROLE BOARD CONSIDERS RELEVANT TO THE RELEASE DECISION;
(2) A LIST OF THE TREATMENT OR EDUCATIONAL PROGRAMS THAT THE PRISONER HAS COMPLETED DURING THE PERIOD OF IMPRISONMENT AND THAT HAVE BEEN BROUGHT TO THE ATTENTION OF THE PAROLE BOARD;
(3) ANY OTHER RELEVANT INFORMATION THAT THE PAROLE BOARD WILL CONSIDER IN MAKING THE RELEASE DECISION.
Sec. 5149.103. (A) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL DEVELOP A RISK ASSESSMENT INSTRUMENT THAT THE PAROLE BOARD CAN USE TO EVALUATE THE RISKS RELATED TO A PERSON'S RELEASE ON PAROLE. THE PAROLE BOARD SHALL USE THE RISK ASSESSMENT INSTRUMENT AS AN AID IN DETERMINING WHETHER TO RELEASE A PRISONER ON PAROLE.
(B) IN DETERMINING WHETHER TO RELEASE ON PAROLE A PRISONER WHO IS A FIRST OFFENDER OR A PRISONER WHOSE CRIMINAL RECORD DOES NOT INCLUDE AN OFFENSE OF VIOLENCE, THE PAROLE BOARD SHALL PRESUME THAT RELEASE ON PAROLE IS APPROPRIATE AT THE END OF THE MINIMUM TERM OF IMPRISONMENT IMPOSED UPON THAT PRISONER UNLESS THE PAROLE BOARD, IN CONSIDERING THE FACTORS SET FORTH IN DIVISIONS (C) AND (D) OF THIS SECTION, FINDS THAT PAROLE IS INAPPROPRIATE AT THAT TIME AND STATES IN WRITING THE FACTORS THAT THE BOARD FOUND TO REBUT THE PRESUMPTION FOR RELEASE.
(C) IN MAKING A DETERMINATION WHETHER TO PLACE A PRISONER ON PAROLE, THE PAROLE BOARD SHALL CONSIDER ALL OF THE FOLLOWING:
(1) THE RESULTS OF THE COMPARISON OF THE ESTIMATED PRISON TERM AND THE ACTUAL SENTENCE OF IMPRISONMENT CONDUCTED IN ACCORDANCE WITH SECTION 5149.102 OF THE REVISED CODE IF THE PRISONER IS SERVING A TERM OF IMPRISONMENT FOR AN OFFENSE COMMITTED PRIOR TO JULY 1, 1996;
(2) THE NATURE OF THE OFFENSE FOR WHICH THE PRISONER IS SERVING A TERM OF IMPRISONMENT;
(3) THE PRISONER'S ABILITY AND READINESS TO ASSUME OBLIGATIONS AND TO UNDERTAKE RESPONSIBILITIES, AS WELL AS THE PRISONER'S OWN GOALS AND NEEDS;
(4) THE PRISONER'S EMPLOYMENT HISTORY AND OCCUPATIONAL SKILLS;
(5) THE PRISONER'S VOCATIONAL, EDUCATIONAL, AND OTHER TRAINING;
(6) THE PRISONER'S CONDUCT DURING IMPRISONMENT;
(7) THE PRISONER'S PARTICIPATION IN PROGRAMS AND PROJECTS SPONSORED BY THE DEPARTMENT;
(8) ANY REPORT PREPARED BY A STAFF MEMBER OF THE DEPARTMENT THAT RELATES TO THE PRISONER'S PERSONALITY, SOCIAL HISTORY, AND ADJUSTMENT TO INSTITUTIONAL PROGRAMS AND ASSIGNMENTS;
(9) ANY OFFICIAL REPORT OF THE PRISONER'S PRIOR CRIMINAL RECORD, INCLUDING A REPORT OR RECORD OF A PRIOR RELEASE ON PROBATION, PAROLE, OR POST-RELEASE CONTROL;
(10) ANY PRESENTENCE OR POSTSENTENCE REPORT;
(11) RECOMMENDATIONS MADE AT THE TIME OF THE PRISONER'S SENTENCING OR SUBSEQUENTLY BY THE SENTENCING JUDGE, PRESIDING JUDGE, PROSECUTING ATTORNEY, OR DEFENSE COUNSEL REGARDING THE PRISONER'S RELEASE;
(12) ANY REPORT CONCERNING A PHYSICAL, MENTAL, OR PSYCHIATRIC EXAMINATION OF THE PRISONER;
(13) ANY WRITTEN OR ORAL STATEMENT SUBMITTED BY THE VICTIM OF THE OFFENSE FOR WHICH THE PRISONER IS SERVING A TERM OF IMPRISONMENT OR BY THE VICTIM'S REPRESENTATIVE;
(14) ANY WRITTEN OR ORAL STATEMENT SUBMITTED BY THE PRISONER OR A MEMBER OF THE PRISONER'S FAMILY;
(15) OTHER RELEVANT, REASONABLY AVAILABLE WRITTEN INFORMATION CONCERNING THE PRISONER, EXCEPT THAT THE PAROLE BOARD SHALL NOT CONSIDER A DOCUMENT RELATED TO A PRISONER'S FILING OF A GRIEVANCE UNDER THE GRIEVANCE PROCEDURE ESTABLISHED IN ACCORDANCE WITH RULES OF THE DEPARTMENT.
(D) IN MAKING A DETERMINATION WHETHER TO TO PLACE A
PRISONER ON PAROLE, THE PAROLE BOARD MAY CONSIDER ALL OF THE FOLLOWING:
(1) THE PRISONER'S FAMILY STATUS, INCLUDING WHETHER THE PRISONER'S RELATIVES DISPLAY AN INTEREST IN THE PRISONER OR WHETHER THE PRISONER HAS OTHER CLOSE AND CONSTRUCTIVE ASSOCIATIONS IN THE COMMUNITY;
(2) THE TYPE OF RESIDENCE, NEIGHBORHOOD, OR COMMUNITY IN WHICH THE PRISONER PLANS TO LIVE UPON RELEASE ON PAROLE;
(3) THE PRISONER'S BEHAVIOR AND ATTITUDE DURING A PRIOR PERIOD OF PROBATION, FURLOUGH, PAROLE, POST-RELEASE CONTROL, OR OTHER ADMINISTRATIVE RELEASE AND THE RECENCY OF THAT PERIOD;
(4) THE AVAILABILITY OF COMMUNITY RESOURCES TO ASSIST THE PRISONER UPON RELEASE ON PAROLE;
(5) THE PRISONER'S PATTERN OF CRIMINAL OR DELINQUENT BEHAVIOR PRIOR TO THE CURRENT TERM OF IMPRISONMENT;
(6) THE PHYSICAL AND MENTAL HEALTH OF THE PRISONER, AS IT RELATES TO THE PRISONER'S ABILITY TO PERFORM THE PLAN OF RELEASE;
(7) THE PRESENCE OF OUTSTANDING DETAINERS AGAINST THE PRISONER;
(8) ANY RECOMMENDATIONS MADE BY STAFF OF THE DEPARTMENT OR ANY OF ITS DIVISIONS.
(E) IN MAKING A DETERMINATION WHETHER TO PLACE A PRISONER ON PAROLE, THE PAROLE BOARD SHALL NOT CONSIDER EITHER OF THE FOLLOWING:
(1) CHARGES ON WHICH THE PRISONER WAS INDICTED BUT OF WHICH THE PRISONER WAS NOT CONVICTED OR TO WHICH THE PRISONER DID NOT PLEAD GUILTY UNLESS THE PRISONER, BY MEANS OF A PLEA BARGAIN, WAS CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF AN INFERIOR DEGREE OR A LESSER INCLUDED OFFENSE OF THE OFFENSE CHARGED IN THE INDICTMENT;
(2) HEARSAY INFORMATION THAT IS CONTAINED IN A POLICE REPORT OR A PRESENTENCE INVESTIGATION REPORT AND THAT ALLEGES CRIMINAL CONDUCT UNRELATED TO AN OFFENSE OF WHICH THE PRISONER WAS CONVICTED OR TO WHICH THE PRISONER ENTERED A GUILTY PLEA.
(F) AT THE CONCLUSION OF A HEARING, THE PAROLE BOARD SHALL SET FORTH IN A WRITTEN STATEMENT SPECIFIC AND DETAILED REASONS FOR ITS DECISION EITHER TO GRANT PAROLE OR TO DENY PAROLE TO THE PRISONER. WITHIN THIRTY DAYS AFTER THE HEARING, THE BOARD SHALL MAKE THE STATEMENT AVAILABLE TO THE PRISONER, THE VICTIM OR THE VICTIM'S REPRESENTATIVE IF THAT PERSON HAS REQUESTED NOTIFICATION, THE PROSECUTING ATTORNEY, AND THE SENTENCING JUDGE.
(G) WHEN THE PAROLE BOARD DENIES PAROLE FOR A PRISONER, IT SHALL SET A DATE FOR THE NEXT PAROLE HEARING FOR THAT PRISONER THAT IS NOT MORE THAN FIVE YEARS FROM THE DATE OF THE DENIAL. THE BOARD SHALL CONDUCT A REVIEW HEARING TO EVALUATE THE PRISONER'S PROGRESS IN REHABILITATION ON A DATE THAT IS HALFWAY BETWEEN THE DATE ON WHICH PAROLE WAS DENIED AND THE DATE SCHEDULED FOR THE NEXT PAROLE HEARING. DIVISION (G) OF THIS SECTION DOES NOT APPLY TO A PRISONER WHO IS SERVING A SENTENCE OF LIFE IMPRISONMENT.
Sec. 5149.11. (A) In the exercise of any of the powers vested in the adult parole authority, the chief of the authority, any member of the board, or any hearing officer may administer oaths and in the name of the authority may issue subpoenas and subpoenas duces tecum. The authority may compel the attendance of witnesses and the production of records and papers of all kinds and description including any and all books, accounts, documents, memorandums, and transcripts of testimony, pertaining to any inquiry within the powers and duties of the authority. Upon the failure of any person to comply with any order of the authority or any subpoena or subpoena duces tecum lawfully issued, or upon the refusal of any witness to testify to any matter regarding which he THE WITNESS may be lawfully interrogated, a judge of the court of common pleas of any county in this state, on the application of the authority, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from a court of common pleas or a refusal to testify therein.
(B) Each witness who appears before the authority or before a member of the parole board by ([its]strike thru) THE AUTHORITY'S or has MEMBER'S order shall receive for ([his]strike thru) attendance the fees and mileage provided for witnesses in civil cases in the court of common pleas under section 2335.06 of the Revised Code, and the fees and mileage shall be audited and paid out of the state treasury in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the chief of the authority.
(C) The chief of the authority or a member of the board, or any party who is the subject of the investigation, may in any investigation cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by 13 sections 2319.08, 2319.09, 2319.11, and 2319.27 of the Revised Code and the Civil Rules.
(D) THE PAROLE BOARD SHALL MAKE AN ELECTRONIC RECORDING OF EACH HEARING AND SHALL MAINTAIN A RECORDING FOR AT LEAST ONE YEAR AFTER THE HEARING.
(E) Copies of the proceedings, minutes, actions, findings, recommendations, orders, and other records of the authority or its predecessors shall be verified and certified to by the officer conducting or responsible for such and attested by the chief of the authority, and when certified and attested shall be received in evidence as proof of the facts therein stated.
Minutes, ELECTRONIC RECORDINGS OF HEARINGS, actions, findings, recommendations, determinations, and orders made and kept by the adult parole authority are public records.
(F) ANY HEARING CONDUCTED BY THE PAROLE BOARD SHALL BE OPEN TO MEMBERS OF THE CORRECTIONAL INSTITUTION INSPECTION COMMITTEE.
Section 2. That existing sections 5149.01, 5149.02, 5149.09, 5149.10, 5149.101, and 5149.11 of the Revised Code are hereby repealed.
Section 3. Not later than five years after the effective date of this act, the Parole Board shall hold a parole hearing for any prisoner, other than a prisoner serving a term of life imprisonment, whose next parole hearing is scheduled on a date that is more than five years after the effective date of this act.
This concludes SB 182. Noted changes are in the addition of sections 5149.102 and 5149.103, dealing with effectively addressing the disparities in sentencing that now exist and specifying that first time offenders are to be granted the assumption of parole at the end of their minimum unless compelling reasons otherwise prohibit release; and evidence that may and may not be considered by the parole board in determining the suitability of parole for a prisoner. Other changes are made that address the length of time a parole board member may sit, and the method of choosing members has been changed. Senate approval is now required, a checks and balance approach badly need within the ODRC ranks of influence.