Ohio § 2930.16

§ 2930.16.

(A) If a defendant is incarcerated, a victim or victim's representative who has requested

to receive notice under this section shall be given notice of the incarceration of

the defendant.  If an alleged juvenile offender is committed to the temporary custody of a school,

camp, institution, or other facility operated for the care of delinquent children

or to the legal custody of the department of youth services, a victim or victim's

representative who has requested to receive notice under this section shall be given

notice of the commitment.  Promptly after sentence is imposed upon the defendant or the commitment of the alleged

juvenile offender is ordered, the court or the court's designee shall notify the prosecutor

in the case and the prosecutor shall notify the victim and the victim's representative,

if applicable, of the date on which the defendant will be released, or initially will

be eligible for release, from confinement or the prosecutor's reasonable estimate

of that date or the date on which the alleged juvenile offender will have served the

minimum period of commitment or the prosecutor's reasonable estimate of that date.  The prosecutor also shall notify the victim and the victim's representative of the

name of the custodial agency of the defendant or alleged juvenile offender and tell

the victim and the victim's representative how to contact that custodial agency.  If the custodial agency is the department of rehabilitation and correction, the

prosecutor shall notify the victim and the victim's representative of the services

offered by the office of victims' services pursuant to section 5120.60 of the Revised Code .  If the custodial agency is the department of youth services, the prosecutor shall

notify the victim and the victim's representative of the services provided by the

office of victims' services within the release authority of the department pursuant

to section 5139.55 of the Revised Code and the victim's right pursuant to section 5139.56 of the Revised Code to submit a written request to the release authority to be notified of actions the

release authority takes with respect to the alleged juvenile offender.  The victim and the victim's representative shall keep the custodial agency informed

of the victim's or victim's representative's current contact information. (B)(1) Upon the victim's or victim's representative's request or in accordance with division

(D) of this section, the court or the court's designee shall notify the prosecutor

in the case and the prosecutor promptly, but not later than seven days after the hearing

is scheduled or the application is filed, shall notify the victim and the victim's

representative, if applicable, of any application or hearing for judicial release

of the defendant pursuant to section 2929.20 of the Revised Code or of any hearing for judicial release or early release of the alleged juvenile offender

pursuant to section 2151.38 of the Revised Code and of the victim's and victim's representative's right to make a statement under

those sections.  If the court does not hold a hearing or if the victim and victim's representative,

if applicable, do not attend the hearing or make a statement, the court shall notify

the victim and victim's representative of its ruling in each of those hearings and

on each of those applications. (2) If an offender is sentenced to a prison term pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code , on the request of the victim or victim's representative or in accordance with division

(D) of this section, the court or the court's designee shall notify the prosecutor

in the case and the prosecutor promptly shall notify the victim and the victim's representative,

if applicable, of any hearing to be conducted pursuant to section 2971.05 of the Revised Code to determine whether to modify the requirement that the offender serve the entire

prison term in a state correctional facility in accordance with division (C) of that

section, whether to continue, revise, or revoke any existing modification of that

requirement, or whether to terminate the prison term in accordance with division (D)

of that section.  If the court does not hold a hearing or if the victim and victim's representative,

if applicable, do not attend the hearing or make a statement, the court shall notify

the victim and the victim's representative of any order issued at the conclusion of

the hearing. (C)(1) On first contact with a victim, the custodial agency of a defendant or delinquent

child shall verify with the victim and victim's representative, if applicable, that

all information and requests are current.  If a victim's rights request form was not provided by the prosecutor, the custodial

agency shall give the victim and victim's representative, if applicable, the victim's

rights request form, or similar form that, at a minimum, contains the required information

listed in this section and on the victim's rights request form.  A person claiming direct and proximate harm as a result of a criminal offense or

delinquent act must affirmatively identify the person's self and request the notifications

provided in this section and section 2967.28 of the Revised Code . (2) Upon the victim's or victim's representative's request made at any time before the

particular notice would be due or in accordance with division (D) of this section,

the custodial agency of a defendant or alleged juvenile offender shall give the victim

and the victim's representative, if applicable, any of the following notices that

is applicable: (a) At least sixty days before the adult parole authority recommends a pardon or commutation

of sentence for the defendant or at least sixty days prior to a hearing before the

adult parole authority regarding a grant of parole to the defendant, notice of the

victim's and victim's representative's right to submit a statement regarding the impact

of the defendant's release in accordance with section 2967.12 of the Revised Code and, if applicable, of the victim's and victim's representative's right to appear

at a full board hearing of the parole board to give testimony as authorized by section 5149.101 of the Revised Code ;  and at least sixty days prior to a hearing before the department regarding a determination

of whether the inmate must be released under division (C) or (D)(2) of section 2967.271 of the Revised Code if the inmate is serving a non-life felony indefinite prison term, notice of the

fact that the inmate will be having a hearing regarding a possible grant of release,

the date of any hearing regarding a possible grant of release, and the right of any

person to submit a written statement regarding the pending action; (b) At least sixty days before the defendant is transferred to transitional control under section 2967.26 of the Revised Code , notice of the pendency of the transfer and of the victim's and victim's representative's

right under that section to submit a statement regarding the impact of the transfer; (c) At least sixty days before the release authority of the department of youth services

holds a release review, release hearing, or discharge review for the alleged juvenile

offender, notice of the pendency of the review or hearing, of the victim's and victim's

representative's right to make an oral or written statement regarding the impact of

the crime upon the victim or regarding the possible release or discharge, and, if

the notice pertains to a hearing, of the victim's right to attend and make statements

or comments at the hearing as authorized by section 5139.56 of the Revised Code ; (d) Prompt notice, but not more than three days after the escape, of the defendant's

or alleged juvenile offender's escape from a facility of the custodial agency in which

the defendant was incarcerated or in which the alleged juvenile offender was placed

after commitment, of the defendant's or alleged juvenile offender's absence without

leave from a mental health or developmental disabilities facility or from other custody,

and of the capture of the defendant or alleged juvenile offender after an escape or

absence; (e) Notice of the defendant's or alleged juvenile offender's death while in confinement

or custody within thirty days of the defendant's or alleged juvenile offender's death; (f) Notice of the filing of a petition by the director of rehabilitation and correction

pursuant to section 2929.20 of the Revised Code requesting the early release of the defendant pursuant to a judicial release under

that section within thirty days of the filing of the petition; (g) Notice of the defendant's or alleged juvenile offender's post-conviction release

from confinement or custody, including jail or local custody, and the terms and conditions

of the release as soon as the custodial agency becomes aware of the release. (D)(1) If a defendant is incarcerated for the commission of aggravated murder, murder, or

an offense of violence that is a felony of the first, second, or third degree or is

under a sentence of life imprisonment or if an alleged juvenile offender has been

charged with the commission of an act that would be aggravated murder, murder, or

an offense of violence that is a felony of the first, second, or third degree or be

subject to a sentence of life imprisonment if committed by an adult, except as otherwise

provided in this division, the notices described in divisions (B) and (C) of this

section shall be given regardless of whether the victim or victim's representative

has requested the notification.  The notices described in divisions (B) and (C) of this section shall not be given

under this division to a victim or victim's representative if the victim or victim's

representative has requested pursuant to division (B)(2) of section 2930.03 of the Revised Code that the victim or victim's representative not be provided the notice.  Regardless of whether the victim or victim's representative has requested that the

notices described in division (C) of this section be provided or not be provided,

the custodial agency shall give notice similar to those notices to the prosecutor

in the case, to the sentencing court, to the law enforcement agency that arrested

the defendant or alleged juvenile offender if any officer of that agency was a victim

of the offense, and to any member of the victim's immediate family who requests notification.  If the notice given under this division to the victim and victim's representative

is based on an offense committed prior to March 22, 2013, and if the prosecutor or

custodial agency has not previously successfully provided any notice to the victim

and victim's representative under this division or division (B) or (C) of this section

with respect to that offense and the offender who committed it, the notice also shall

inform the victim and victim's representative that the victim or victim's representative

may request that the victim or victim's representative not be provided any further

notices with respect to that offense and the offender who committed it and shall describe

the procedure for making that request.  If the notice given under this division to the victim and victim's representative

pertains to a hearing regarding a grant of a parole to the defendant, the notice also

shall inform the victim and victim's representative that the victim, a member of the

victim's immediate family, or the victim's representative may request a victim conference,

as described in division (E) of this section, and shall provide an explanation of

a victim conference. The prosecutor or custodial agency may give the notices to which this division applies

by any reasonable means, including, but not limited to, regular mail, telephone, and

electronic mail.  If the prosecutor or custodial agency attempts to provide notice to a victim or

victim's representative under this division but the attempt is unsuccessful because

the prosecutor or custodial agency is unable to locate the victim or victim's representative,

is unable to provide the notice by its chosen method because it cannot determine the

mailing address, telephone number, or electronic mail address at which to provide

the notice, or, if the notice is sent by mail, the notice is returned, the prosecutor

or custodial agency shall make another attempt to provide the notice to the victim

or victim's representative.  If the second attempt is unsuccessful, the prosecutor or custodial agency shall

make at least one more attempt to provide the notice.  If the notice is based on an offense committed prior to March 22, 2013, in each

attempt to provide the notice to the victim or victim's representative, the notice

shall include the opt-out information described in the preceding paragraph.  The prosecutor or custodial agency, in accordance with division (D)(2) of this section,

shall keep a record of all attempts to provide the notice, and of all notices provided,

under this division. Division (D)(1) of this section, and the notice-related provisions of divisions (E)(2) and (K) of section 2929.20, division (H) of section 2967.12 , division (E)(1)(b) of section 2967.19 as it existed prior to the effective date of this amendment, division (A)(3)(b) of section 2967.26 , division (D)(1) of section 2967.28 , and division (A)(2) of section 5149.101 of the Revised Code enacted in the act in which division (D)(1) of this section was enacted, shall be

known as “Roberta's Law.” (2) Each prosecutor and custodial agency that attempts to give any notice to which division

(D)(1) of this section applies shall keep a record of all attempts to give the notice.  The record shall indicate the person who was to be the recipient of the notice,

the date on which the attempt was made, the manner in which the attempt was made,

and the person who made the attempt.  If the attempt is successful and the notice is given, the record shall indicate

that fact.  The record shall be kept in a manner that allows public inspection of attempts and

notices given to persons other than victims or victims' representatives without revealing

the names, addresses, or other identifying information relating to victims or victims'

representatives.  The record of attempts and notices given to victims or victims' representatives

is not a public record, but the prosecutor or custodial agency shall provide upon

request a copy of that record to a prosecuting attorney, judge, law enforcement agency,

or member of the general assembly.  The record of attempts and notices given to persons other than victims or victims'

representatives is a public record.  A record kept under this division may be indexed by offender name, or in any other

manner determined by the prosecutor or the custodial agency.  Each prosecutor or custodial agency that is required to keep a record under this

division shall determine the procedures for keeping the record and the manner in which

it is to be kept, subject to the requirements of this division. (E) The adult parole authority shall adopt rules under Chapter 119. of the Revised Code

providing for a victim conference, upon request of the victim, a member of the victim's

immediate family, or the victim's representative, prior to a parole hearing in the

case of a prisoner who is incarcerated for the commission of aggravated murder, murder,

or an offense of violence that is a felony of the first, second, or third degree or

is under a sentence of life imprisonment.  The rules shall provide for, but not be limited to, all of the following: (1) Subject to division (E)(3) of this section, attendance by the victim, members of

the victim's immediate family, the victim's representative, and, if practicable, other

individuals; (2) Allotment of up to one hour for the conference; (3) A specification of the number of persons specified in division (E)(1) of this section

who may be present at any single victim conference, if limited by the department pursuant

to division (F) of this section. (F) The department may limit the number of persons specified in division (E)(1) of this

section who may be present at any single victim conference, provided that the department

shall not limit the number of persons who may be present at any single conference

to fewer than three.  If the department limits the number of persons who may be present at any single

victim conference, the department shall permit and schedule, upon request of the victim,

a member of the victim's immediate family, or the victim's representative, multiple

victim conferences for the persons specified in division (E)(1) of this section. (G) Communications during a victim conference held pursuant to division (E) of this section

and the rules adopted by the adult parole authority under that division shall be confidential

and are not public records under section 149.43 of the Revised Code . (H) As used in this section, “victim's immediate family” has the same meaning as in section 2967.12 of the Revised Code .