Ohio § 2929.191

§ 2929.191.

(A)(1) If, prior to July 11, 2006, a court imposed a sentence including a prison term of

a type described in division (B)(2)(d) of section 2929.19 of the Revised Code and failed to notify the offender pursuant to that division that the offender will

be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include a statement to that effect in the

judgment of conviction entered on the journal or in the sentence pursuant to division (D)(1) of section 2929.14 of the Revised Code , at any time before the offender is released from imprisonment under that term and

at a hearing conducted in accordance with division (C) of this section, the court

may prepare and issue a correction to the judgment of conviction that includes in

the judgment of conviction the statement that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison. If, prior to July 11, 2006, a court imposed a sentence including a prison term of

a type described in division (B)(2)(e) of section 2929.19 of the Revised Code and failed to notify the offender pursuant to that division that the offender may

be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include a statement to that effect in the

judgment of conviction entered on the journal or in the sentence pursuant to division (D)(2) of section 2929.14 of the Revised Code , at any time before the offender is released from imprisonment under that term and

at a hearing conducted in accordance with division (C) of this section, the court

may prepare and issue a correction to the judgment of conviction that includes in

the judgment of conviction the statement that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison. (2) If a court prepares and issues a correction to a judgment of conviction as described

in division (A)(1) of this section before the offender is released from imprisonment

under the prison term the court imposed prior to July 11, 2006, the court shall place

upon the journal of the court an entry nunc pro tunc to record the correction to the

judgment of conviction and shall provide a copy of the entry to the offender or, if

the offender is not physically present at the hearing, shall send a copy of the entry

to the department of rehabilitation and correction for delivery to the offender.  If the court sends a copy of the entry to the department, the department promptly

shall deliver a copy of the entry to the offender.  The court's placement upon the journal of the entry nunc pro tunc before the offender

is released from imprisonment under the term shall be considered, and shall have the

same effect, as if the court at the time of original sentencing had included the statement

in the sentence and the judgment of conviction entered on the journal and had notified

the offender that the offender will be so supervised regarding a sentence including

a prison term of a type described in division (B)(2)(d) of section 2929.19 of the Revised Code or that the offender may be so supervised regarding a sentence including a prison

term of a type described in division (B)(2)(e) of that section. (B)(1) If, prior to July 11, 2006, a court imposed a sentence including a prison term and

failed to notify the offender pursuant to division (B)(2)(f) of section 2929.19 of the Revised Code regarding the possibility of the parole board imposing a prison term for a violation

of supervision or a condition of post-release control or to include in the judgment

of conviction entered on the journal a statement to that effect, at any time before

the offender is released from imprisonment under that term and at a hearing conducted

in accordance with division (C) of this section, the court may prepare and issue a

correction to the judgment of conviction that includes in the judgment of conviction

the statement that if a period of supervision is imposed following the offender's

release from prison, as described in division (B)(2)(d) or (e) of section 2929.19

of the Revised Code, and if the offender violates that supervision or a condition

of post-release control imposed under division (B) of section 2967.131 of the Revised Code the parole board may impose as part of the sentence a prison term of up to one-half

of the stated prison term originally imposed upon the offender. (2) If the court prepares and issues a correction to a judgment of conviction as described

in division (B)(1) of this section before the offender is released from imprisonment

under the term, the court shall place upon the journal of the court an entry nunc

pro tunc to record the correction to the judgment of conviction and shall provide

a copy of the entry to the offender or, if the offender is not physically present

at the hearing, shall send a copy of the entry to the department of rehabilitation

and correction for delivery to the offender.  If the court sends a copy of the entry to the department, the department promptly

shall deliver a copy of the entry to the offender.  The court's placement upon the journal of the entry nunc pro tunc before the offender

is released from imprisonment under the term shall be considered, and shall have the

same effect, as if the court at the time of original sentencing had included the statement

in the judgment of conviction entered on the journal and had notified the offender

pursuant to division (B)(2)(f) of section 2929.19 of the Revised Code regarding the possibility of the parole board imposing a prison term for a violation

of supervision or a condition of post-release control. (C) On and after July 11, 2006, a court that wishes to prepare and issue a correction

to a judgment of conviction of a type described in division (A)(1) or (B)(1) of this

section shall not issue the correction until after the court has conducted a hearing

in accordance with this division.  Before a court holds a hearing pursuant to this division, the court shall provide

notice of the date, time, place, and purpose of the hearing to the offender who is

the subject of the hearing, the prosecuting attorney of the county, and the department

of rehabilitation and correction.  The offender has the right to be physically present at the hearing, except that,

upon the court's own motion or the motion of the offender or the prosecuting attorney,

the court may permit the offender to appear at the hearing by video conferencing equipment

if available and compatible.  An appearance by video conferencing equipment pursuant to this division has the

same force and effect as if the offender were physically present at the hearing.  At the hearing, the offender and the prosecuting attorney may make a statement as

to whether the court should issue a correction to the judgment of conviction.