Bill Text: OH SB67 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To require that sexually violent predators who are released from prison be monitored by global positioning system devices, to require sexually violent predators to pay the cost of monitoring by global positioning system devices, and to authorize the civil commitment of certain sexually violent predators.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2009-03-04 - To Judiciary Criminal Justice [SB67 Detail]

Download: Ohio-2009-SB67-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 67

Senator Faber 

Cosponsors: Senators Gibbs, Coughlin, Schaffer, Seitz 

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A BILL

To amend sections 2743.191 and 2971.05 and to enact

1

sections 5122.51, 5122.52, 5122.53, 5122.54,

2

5122.55, 5122.56, 5122.57, 5122.58, 5122.59,

3

5122.60, and 5122.61 of the Revised Code to

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require that sexually violent predators who are

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released from prison be monitored by global

6

positioning system devices, to require sexually

7

violent predators to pay the cost of monitoring by

8

global positioning system devices, and to

9

authorize the civil commitment of certain sexually

10

violent predators.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2743.191 and 2971.05 be amended and	12
sections 5122.51, 5122.52, 5122.53, 5122.54, 5122.55, 5122.56,	13
5122.57, 5122.58, 5122.59, 5122.60, and 5122.61 of the Revised	14
Code be enacted to read as follows:	15

Sec. 2743.191.  (A)(1) There is hereby created in the state	16
treasury the reparations fund, which shall be used only for the	17
following purposes:	18

(a) The payment of awards of reparations that are granted by	19
the attorney general;	20

(b) The compensation of any personnel needed by the attorney	21
general to administer sections 2743.51 to 2743.72 of the Revised	22
Code;	23

(c) The compensation of witnesses as provided in division (J)	24
of section 2743.65 of the Revised Code;	25

(d) Other administrative costs of hearing and determining	26
claims for an award of reparations by the attorney general;	27

(e) The costs of administering sections 2907.28 and 2969.01	28
to 2969.06 of the Revised Code;	29

(f) The costs of investigation and decision-making as	30
certified by the attorney general;	31

(g) The provision of state financial assistance to victim	32
assistance programs in accordance with sections 109.91 and 109.92	33
of the Revised Code;	34

(h) The costs of paying the expenses of sex offense-related	35
examinations and antibiotics pursuant to section 2907.28 of the	36
Revised Code;	37

(i) The cost of printing and distributing the pamphlet	38
prepared by the attorney general pursuant to section 109.42 of the	39
Revised Code;	40

(j) Subject to division (D) of section 2743.71 of the Revised	41
Code, the costs associated with the printing and providing of	42
information cards or other printed materials to law enforcement	43
agencies and prosecuting authorities and with publicizing the	44
availability of awards of reparations pursuant to section 2743.71	45
of the Revised Code;	46

(k) The payment of costs of administering a DNA specimen	47
collection procedure pursuant to sections 2152.74 and 2901.07 of	48
the Revised Code, of performing DNA analysis of those DNA	49
specimens, and of entering the resulting DNA records regarding	50
those analyses into the DNA database pursuant to section 109.573	51
of the Revised Code;	52

(l) The payment of actual costs associated with initiatives	53
by the attorney general for the apprehension, prosecution, and	54
accountability of offenders, and the enhancing of services to	55
crime victims. The amount of payments made pursuant to division	56
(A)(1)(l) of this section during any given fiscal year shall not	57
exceed five per cent of the balance of the reparations fund at the	58
close of the immediately previous fiscal year;	59

(m) The costs of administering the adult parole authority's	60
supervision pursuant to division (E) of section 2971.05 of the	61
Revised Code of sexually violent predators who are sentenced to a	62
prison term pursuant to division (A)(3) of section 2971.03 of the	63
Revised Code and of offenders who are sentenced to a prison term	64
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	65
(c), or (B)(3)(a), (b), (c), or (d) of that section;	66

(n) The costs of installation and monitoring of an electronic	67
monitoring device used in the monitoring of a respondent pursuant	68
to an electronic monitoring order issued by a court under division	69
(E)(1)(b) of section 2903.214 of the Revised Code if the court	70
determines that the respondent is indigent or in the monitoring of	71
an offender pursuant to an electronic monitoring order issued	72
under division (B)(5) of section 2919.27 of the Revised Code if	73
the court determines that the offender is indigent.	74

(2) All costs paid pursuant to section 2743.70 of the Revised	75
Code, the portions of license reinstatement fees mandated by	76
division (F)(2)(b) of section 4511.191 of the Revised Code to be	77
credited to the fund, the portions of the proceeds of the sale of	78
a forfeited vehicle specified in division (C)(2) of section	79
4503.234 of the Revised Code, payments collected by the department	80
of rehabilitation and correction from prisoners who voluntarily	81
participate in an approved work and training program pursuant to	82
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	83
all moneys collected by the state pursuant to its right of	84
subrogation provided in section 2743.72 of the Revised Code shall	85
be deposited in the fund.	86

(B) In making an award of reparations, the attorney general	87
shall render the award against the state. The award shall be	88
accomplished only through the following procedure, and the	89
following procedure may be enforced by writ of mandamus directed	90
to the appropriate official:	91

(1) The attorney general shall provide for payment of the	92
claimant or providers in the amount of the award only if the	93
amount of the award is fifty dollars or more.	94

(2) The expense shall be charged against all available	95
unencumbered moneys in the fund.	96

(3) If sufficient unencumbered moneys do not exist in the	97
fund, the attorney general shall make application for payment of	98
the award out of the emergency purposes account or any other	99
appropriation for emergencies or contingencies, and payment out of	100
this account or other appropriation shall be authorized if there	101
are sufficient moneys greater than the sum total of then pending	102
emergency purposes account requests or requests for releases from	103
the other appropriations.	104

(4) If sufficient moneys do not exist in the account or any	105
other appropriation for emergencies or contingencies to pay the	106
award, the attorney general shall request the general assembly to	107
make an appropriation sufficient to pay the award, and no payment	108
shall be made until the appropriation has been made. The attorney	109
general shall make this appropriation request during the current	110
biennium and during each succeeding biennium until a sufficient	111
appropriation is made. If, prior to the time that an appropriation	112
is made by the general assembly pursuant to this division, the	113
fund has sufficient unencumbered funds to pay the award or part of	114
the award, the available funds shall be used to pay the award or	115
part of the award, and the appropriation request shall be amended	116
to request only sufficient funds to pay that part of the award	117
that is unpaid.	118

(C) The attorney general shall not make payment on a decision	119
or order granting an award until all appeals have been determined	120
and all rights to appeal exhausted, except as otherwise provided	121
in this section. If any party to a claim for an award of	122
reparations appeals from only a portion of an award, and a	123
remaining portion provides for the payment of money by the state,	124
that part of the award calling for the payment of money by the	125
state and not a subject of the appeal shall be processed for	126
payment as described in this section.	127

(D) The attorney general shall prepare itemized bills for the	128
costs of printing and distributing the pamphlet the attorney	129
general prepares pursuant to section 109.42 of the Revised Code.	130
The itemized bills shall set forth the name and address of the	131
persons owed the amounts set forth in them.	132

(E) As used in this section, "DNA analysis" and "DNA	133
specimen" have the same meanings as in section 109.573 of the	134
Revised Code.	135

Sec. 2971.05.  (A)(1) After control over an offender's	136
service of a prison term imposed pursuant to division (A)(3),	137
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	138
(b), (c), or (d) of section 2971.03 of the Revised Code has been	139
transferred pursuant to section 2971.04 of the Revised Code to the	140
court, the court shall schedule, within thirty days of any of the	141
following, a hearing on whether to modify in accordance with	142
division (C) of this section the requirement that the offender	143
serve the entire prison term in a state correctional institution	144
or to terminate the prison term in accordance with division (D) of	145
this section:	146

(a) Control over the offender's service of a prison term is	147
transferred pursuant to section 2971.04 of the Revised Code to the	148
court, and no hearing to modify the requirement has been held;	149

(b) Two years elapse after the most recent prior hearing held	150
pursuant to division (A)(1) or (2) of this section;	151

(c) The prosecuting attorney, the department of	152
rehabilitation and correction, or the adult parole authority	153
requests the hearing, and recommends that the requirement be	154
modified or that the offender's prison term be terminated.	155

(2) After control over the offender's service of a prison	156
term has been transferred pursuant to section 2971.04 of the	157
Revised Code to the court, the court, within thirty days of either	158
of the following, shall conduct a hearing on whether to modify in	159
accordance with division (C) of this section the requirement that	160
the offender serve the entire prison term in a state correctional	161
institution, whether to continue, revise, or revoke an existing	162
modification of that requirement, or whether to terminate the term	163
in accordance with division (D) of this section:	164

(a) The requirement that the offender serve the entire prison	165
term in a state correctional institution has been modified, and	166
the offender is taken into custody for any reason.	167

(b) The department of rehabilitation and correction or the	168
prosecuting attorney notifies the court pursuant to section	169
2971.06 of the Revised Code regarding a known or suspected	170
violation of a term or condition of the modification or a belief	171
that there is a substantial likelihood that the offender has	172
committed or is about to commit a sexually violent offense.	173

(3) After control over the offender's service of a prison	174
term has been transferred pursuant to section 2971.04 of the	175
Revised Code to the court, the court, in any of the following	176
circumstances, may conduct a hearing within thirty days to	177
determine whether to modify in accordance with division (C) of	178
this section the requirement that the offender serve the entire	179
prison term in a state correctional institution, whether to	180
continue, revise, or revoke an existing modification of that	181
requirement, or whether to terminate the sentence in accordance	182
with division (D) of this section:	183

(a) The offender requests the hearing;

184

(b) Upon the court's own motion;

185

(c) One or more examiners who have conducted a psychological	186
examination and assessment of the offender file a statement that	187
states that there no longer is a likelihood that the offender will	188
engage in the future in a sexually violent offense.	189

(B)(1) Before a court holds a hearing pursuant to division	190
(A) of this section, the court shall provide notice of the date,	191
time, place, and purpose of the hearing to the offender, the	192
prosecuting attorney, the department of rehabilitation and	193
correction, and the adult parole authority and shall request the	194
department to prepare pursuant to section 5120.61 of the Revised	195
Code an update of the most recent risk assessment and report	196
relative to the offender. The offender has the right to be	197
present at any hearing held under this section. At the hearing,	198
the offender and the prosecuting attorney may make a statement and	199
present evidence as to whether the requirement that the offender	200
serve the entire prison term in a state correctional institution	201
should or should not be modified, whether the existing	202
modification of the requirement should be continued, revised, or	203
revoked, and whether the prison term should or should not be	204
terminated.	205

(2) At a hearing held pursuant to division (A) of this	206
section, the court may and, if the hearing is held pursuant to	207
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	208
determine by clear and convincing evidence whether the offender is	209
unlikely to commit a sexually violent offense in the future.	210

(3) At the conclusion of the hearing held pursuant to	211
division (A) of this section, the court may order that the	212
requirement that the offender serve the entire prison term in a	213
state correctional institution be continued, that the requirement	214
be modified pursuant to division (C) of this section, that an	215
existing modification be continued, revised, or revoked pursuant	216
to division (C) of this section, or that the prison term be	217
terminated pursuant to division (D) of this section.	218

(C)(1) If, at the conclusion of a hearing held pursuant to	219
division (A) of this section, the court determines by clear and	220
convincing evidence that the offender will not represent a	221
substantial risk of physical harm to others, the court may modify	222
the requirement that the offender serve the entire prison term	223
imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	224
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	225
the Revised Code in a state correctional institution in a manner	226
that the court considers appropriate. If the court modifies the	227
requirement for an offender whose prison term was imposed	228
pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	229
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	230
the Revised Code, the court shall order the adult parole	231
authority to supervise the offender and shall require that the	232
authority's supervision of the offender be pursuant to division	233
(E) of this section. If the court modifies the requirement for an	234
offender whose prison term was imposed pursuant to division	235
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b), (c),	236
or (d) of section 2971.03 of the Revised Code, the court shall	237
order the adult parole authority to supervise the offender and	238
may require that the authority's supervision of the offender be	239
pursuant to division (E) of this section.	240

(2) The modification of the requirement does not terminate	241
the prison term but serves only to suspend the requirement that	242
the offender serve the entire term in a state correctional	243
institution. The prison term shall remain in effect for the	244
offender's entire life unless the court terminates the prison term	245
pursuant to division (D) of this section. The offender shall	246
remain under the jurisdiction of the court for the offender's	247
entire life unless the court so terminates the prison term. The	248
modification of the requirement does not terminate the	249
classification of the offender, as described in division (F) of	250
section 2971.03 of the Revised Code, as a sexual predator for	251
purposes of Chapter 2950. of the Revised Code, and the offender is	252
subject to supervision, including supervision under division (E)	253
of this section if the court required the supervision of the	254
offender to be pursuant to that division.	255

(3) If the court revokes the modification under	256
consideration, the court shall order that the offender be returned	257
to the custody of the department of rehabilitation and correction	258
to continue serving the prison term to which the modification	259
applied, and section 2971.06 of the Revised Code applies regarding	260
the offender.	261

(D)(1) If, at the conclusion of a hearing held pursuant to	262
division (A) of this section, the court determines by clear and	263
convincing evidence that the offender is unlikely to commit a	264
sexually violent offense in the future, the court may terminate	265
the offender's prison term imposed under division (A)(3),	266
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	267
(b), (c), or (d) of section 2971.03 of the Revised Code, subject	268
to the offender satisfactorily completing the period of	269
conditional release required by this division and, if applicable,	270
compliance with division (E) of this section. If the court	271
terminates the prison term, the court shall place the offender on	272
conditional release for five years, require the offender to comply	273
with division (E) of this section, notify the adult parole	274
authority of its determination and of the termination of the	275
prison term, and order the adult parole authority to supervise the	276
offender during the five-year period of conditional release or, if	277
division (E) applies to the offender,and to supervise the	278
offender pursuant to and for the period of time specified in that	279
division. If the court terminates the prison term for an offender	280
whose prison term was imposed pursuant to division (A)(3) of	281
section 2971.03 of the Revised Code, the court shall require that	282
the authority's supervision of the offender be pursuant to	283
division (E) of this section. If the court terminates the prison	284
term for an offender whose prison term was imposed pursuant to	285
division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a),	286
(b), (c), or (d) of section 2971.03 of the Revised Code, the	287
court may require that the authority's supervision of the	288
offender be pursuant to division (E) of this section. Upon	289
receipt of a notice from a court pursuant to this division, the	290
adult parole authority shall supervise the offender who is the	291
subject of the notice during the five-year period of conditional	292
release, periodically notify the court of the offender's	293
activities during that five-year period of conditional release,	294
and file with the court no later than thirty days prior to the	295
expiration of the five-year period of conditional release a	296
written recommendation as to whether the termination of the	297
offender's prison term should be finalized, whether the period of	298
conditional release should be extended, or whether another type	299
of action authorized pursuant to this chapter should be taken.	300

(2) Upon receipt of a recommendation of the adult parole	301
authority filed pursuant to division (D)(1) of this section, the	302
court shall hold a hearing to determine whether to finalize the	303
termination of the offender's prison term, to extend the period of	304
conditional release, or to take another type of action authorized	305
pursuant to this chapter. The court shall hold the hearing no	306
later than the date on which the five-year period of conditional	307
release terminates and shall provide notice of the date, time,	308
place, and purpose of the hearing to the offender and to the	309
prosecuting attorney. At the hearing, the offender, the	310
prosecuting attorney, and the adult parole authority employee who	311
supervised the offender during the period of conditional release	312
may make a statement and present evidence.	313

If the court determines at the hearing to extend an	314
offender's period of conditional release, it may do so for	315
additional periods of one year in the same manner as the original	316
period of conditional release, and, except as otherwise described	317
in this division, all procedures and requirements that applied to	318
the original period of conditional release apply to the additional	319
period of extended conditional release unless the court modifies a	320
procedure or requirement. If an offender's period of conditional	321
release is extended as described in this division, all references	322
to a five-year period of conditional release that are contained in	323
division (D)(1) of this section shall be construed, in applying	324
the provisions of that division to the extension, as being	325
references to the one-year period of the extension of the	326
conditional release.	327

If the court determines at the hearing to take another type	328
of action authorized pursuant to this chapter, it may do so in the	329
same manner as if the action had been taken at any other stage of	330
the proceedings under this chapter. As used in this division,	331
"another type of action" includes the revocation of the	332
conditional release and the return of the offender to a state	333
correctional institution to continue to serve the prison term.	334

If the court determines at the hearing to finalize the	335
termination of the offender's prison term, it shall notify the	336
department of rehabilitation and correction, the department shall	337
enter into its records a final release and issue to the offender a	338
certificate of final release, and the prison term thereafter shall	339
be considered completed and terminated in every way.	340

(3) The termination of an offender's prison term pursuant to	341
division (D)(1) or (2) of this section does not affect the	342
classification of the offender, as described in division (F) of	343
section 2971.03 of the Revised Code, as a tier III sex	344
offender/child-victim offender for purposes of Chapter 2950. of	345
the Revised Code, does not terminate the adult parole authority's	346
supervision of the offender, and, if the court had required the	347
supervision of the offender to be pursuant to division (E) of	348
this section, does not terminate the supervision of the offender	349
with an active global positioning system device, pursuant to that	350
division (E) of this section.	351

(E) If a prison term imposed upon an offender pursuant to	352
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	353
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	354
is modified as provided in division (C) of this section or	355
terminated as provided in division (D) of this section, the adult	356
parole authority shall supervise the offender with an active	357
global positioning system device during any time period in which	358
the offender is not incarcerated in a state correctional	359
institution. If a prison term imposed upon an offender pursuant	360
to division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or	361
(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	362
is modified as provided in division (C) of this section or	363
terminated as provided in division (D) of this section, and if	364
the court requires that the adult parole authority's supervision	365
of the offender be pursuant to this division, the authority shall	366
supervise the offender with an active global positioning system	367
device during any time period in which the offender is not	368
incarcerated in a state correctional institution. If the adult	369
parole authority is required to supervise the offender with an	370
active global positioning system device as described in this	371
division, unless the court removes the offender's classification	372
as a sexually violent predator regarding an offender whose prison	373
term was imposed under division (A)(3) of section 2971.03 of the	374
Revised Code or terminates the requirement that supervision of	375
the offender be pursuant to this division regarding an offender	376
whose prison term was imposed under division (B)(1)(a), (b), or	377
(c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	378
2971.03 of the Revised Code, the offender is subject to	379
supervision with an active global positioning system pursuant to	380
this division for the offender's entire life. The offender shall	381
pay the costs of administering the supervision of offenders with	382
anthe active global positioning system device pursuant to this	383
division shall be paid out of funds from the reparations fund,	384
created pursuant to section 2743.191 of the Revised Code	385
supervision. The authority may waive payment of all or part of	386
the costs of the supervision upon a showing by the offender that	387
the offender is unable to pay all or part of those cost. This	388
division shall only apply to a sexually violent predator	389
sentenced pursuant to division (A)(3) of section 2971.03 of the	390
Revised Code who is released from the custody of the department	391
of rehabilitation and correction on or after September 29, 2005,	392
or an offender sentenced pursuant to division (B)(1) or (2) of	393
section 2971.03 of the Revised Code on or after January 2, 2007.	394

Sec. 5122.51.  As used in sections 5122.51 to 5122.61 of the	395
Revised Code:	396

(A) "Likely to engage in repeat acts of sexual violence"	397
means that the degree of the person's propensity to commit acts of	398
sexual violence poses a menace to the health and safety of others.	399

(B) "Mental abnormality" means a congenital or acquired	400
condition affecting the emotional or volitional capacity that	401
predisposes the person to commit a sexually violent act in a	402
degree constituting the person a menace to the health and safety	403
of others.	404

(C) "Post-release control" has the same meaning as in section	405
2967.01 of the Revised Code.	406

(D) "Sexual motivation," "sexually violent offense," and	407
"sexually violent predator specification" have the same meanings	408
as in section 2971.01 of the Revised Code.	409

(E) "Sexually violent predator" means any person to whom both	410
of the following apply:	411

(1) The person has been convicted of or pleaded guilty to a	412
sexually violent offense and to a sexually violent predator	413
specification, has been charged with a sexually violent offense	414
and a sexually violent predator specification and adjudicated	415
incompetent to stand trial on the charge, or has been charged with	416
a sexually violent offense and a sexually violent predator	417
specification and found not guilty by reason of insanity of the	418
offense.	419

(2) The person suffers from a mental abnormality or	420
personality disorder that makes the person likely to engage in	421
repeat acts of sexual violence.	422

Sec. 5122.52.  (A)(1) The department of rehabilitation and	423
correction shall send the notice described in division (B) of this	424
section to the prosecuting attorney and to the multidisciplinary	425
team established in division (D) of this section at least ninety	426
days prior to the scheduled release from imprisonment of the	427
person who is the subject of the notice if the person's term of	428
imprisonment was imposed for a sexually violent offense and a	429
sexually violent predator specification and the person meets the	430
criteria of a sexually violent predator.	431

(2) The prosecuting attorney promptly after the adjudication	432
shall send the notice described in division (B) of this section to	433
the multidisciplinary team established in division (D) of this	434
section if the person who is the subject of the notice was charged	435
with a sexually violent offense and a sexually violent predator	436
specification and the person was adjudicated incompetent to stand	437
trial on the charge of the offense and the specification or was	438
found not guilty by reason of insanity of the offense and the	439
specification.	440

(B) The notice sent pursuant to division (A) of this section	441
shall contain all of the following with respect to the person who	442
is the subject of the notice:	443

(1) The person's name, identifying factors, anticipated	444
future residence, and offense history;	445

(2) The date on which the person is scheduled to be released	446
or the date on which the person is adjudicated incompetent to	447
stand trial or found not guilty by reason of insanity;	448

(3) Documentation of institutional adjustment of the person	449
if the person is institutionalized and of any treatment the person	450
has received.	451

(C) The department of rehabilitation and correction, its	452
employees and officials, the members of the multidisciplinary team	453
established pursuant to division (D) of this section, and any	454
individual contracting, appointed, or volunteering to perform	455
services under this section shall be immune from civil liability	456
in damages for any injury, death, or loss allegedly caused by any	457
actions or omissions made in good faith under this section.	458

(D) The director of rehabilitation and correction shall	459
establish a multidisciplinary team that may include individuals	460
from other state agencies. The team shall determine whether a	461
person described in a notice the team receives pursuant to	462
division (A) of this section is a sexually violent predator and	463
shall review available records of the person. Within thirty days	464
of receiving a notice as described in division (A) of this	465
section, the team shall determine whether or not the person who is	466
the subject of the notice is a sexually violent predator. The team	467
shall notify the prosecuting attorney of its determination.	468

(E) The prosecuting attorney may file a petition for civil	469
commitment of a person pursuant to sections 5122.51 to 5122.61 of	470
the Revised Code in the general division of the court of common	471
pleas of the county in which the person was convicted of or	472
pleaded guilty to the offense and specification for which the	473
person is serving a prison term, was adjudicated incompetent to	474
stand trial, or was found not guilty by reason of insanity. The	475
prosecuting attorney may file the petition for the commitment of a	476
person described in division (A) of this section irrespective of	477
whether the multidisciplinary team has determined that the person	478
is a sexually violent predator. If the prosecuting attorney elects	479
to file a petition for civil commitment, the prosecuting attorney	480
shall file the petition within seventy-five days of the date the	481
prosecuting attorney received or sent the written notice with	482
respect to the person pursuant to division (A)(1) or (2) of this	483
section. The petition shall allege that the person is a sexually	484
violent predator and state sufficient facts to support that	485
allegation.	486

(F) A petition filed pursuant to division (E) of this section	487
shall be assigned to the judge who tried the case in which the	488
person was convicted or pleaded guilty, was adjudicated	489
incompetent to stand trial, or was found not guilty by reason of	490
insanity, or the judge's successor in office.	491

Sec. 5122.53.  (A) Upon the filing of a petition pursuant to	492
division (E) of section 5122.52 of the Revised Code, the court	493
shall determine whether probable cause exists to believe that the	494
person named in the petition is a sexually violent predator. If	495
the court determines probable cause exists to believe that the	496
person is a sexually violent predator, the court shall direct the	497
sheriff to take the person into custody.	498

(B) Within seventy-two hours after a person who is an alleged	499
sexually violent predator is taken into custody pursuant to	500
division (A) of this section, the court shall provide the alleged	501
sexually violent predator with notice of, and an opportunity to	502
appear in person at, a hearing to contest probable cause as to	503
whether the person is a sexually violent predator. At this	504
hearing, the court shall verify the alleged sexually violent	505
predator's identity and again determine whether probable cause	506
exists to believe that the person is a sexually violent predator.	507
The prosecuting attorney may rely upon the petition and supplement	508
the petition with additional evidence.	509

(C) At the probable cause hearing held pursuant to division	510
(B) of this section, the alleged sexually violent predator shall	511
have the following rights in addition to the rights described in	512
division (B) of this section:	513

(1) The right to be represented by counsel;

514

(2) The right to present evidence on the alleged sexually	515
violent predator's behalf;	516

(3) The right to cross-examine witnesses who testify against	517
the alleged sexually violent predator;	518

(4) The right to view and copy all petitions and reports in	519
the court file.	520

(D) If the court determines at a probable cause hearing held	521
pursuant to division (B) of this section that probable cause does	522
not exist that a person who is an alleged sexually violent	523
predator is a sexually violent predator, the court shall order the	524
person to be released or, if the person was serving a prison or	525
jail term when taken into custody by the sheriff pursuant to	526
division (A) of this section, returned to the facility in which	527
the person was incarcerated.	528

If the court determines at a probable cause hearing held	529
pursuant to division (B) of this section that probable cause	530
exists that a person who is an alleged sexually violent predator	531
is a sexually violent predator, the court shall direct that the	532
person be transferred to an appropriate secure facility,	533
including, but not limited to, a county jail, for an evaluation as	534
to whether the person is a sexually violent predator. The	535
evaluation of the alleged sexually violent predator shall be	536
conducted by a qualified professional person designated by the	537
court. When the alleged sexually violent predator wishes to be	538
examined by a qualified expert or professional person of the	539
alleged sexually violent predator's choice in addition to the	540
person designated by the court, the examiner shall be permitted to	541
have reasonable access to the person for the purpose of the	542
examination, as well as to all relevant medical and psychological	543
records and reports of the person. If the court determines that	544
the services are necessary and the expert or professional person's	545
requested compensation for the services provided is reasonable,	546
the court shall assist the alleged sexually violent predator in	547
obtaining an expert or professional person to perform an	548
examination or participate in the trial on the alleged sexually	549
violent predator's behalf. The court shall approve payment for the	550
services provided by the expert or professional person upon the	551
filing of a certified claim for compensation supported by a	552
written statement specifying the time expended, services rendered,	553
expenses incurred on behalf of the alleged sexually violent	554
predator, and compensation received in the same case or for the	555
same services from any other source.	556

Sec. 5122.54.  (A) Within sixty days after finding at a	557
probable cause hearing held pursuant to division (B) of section	558
5122.53 of the Revised Code that probable cause exists that a	559
person who is an alleged sexually violent predator is a sexually	560
violent predator, the court shall conduct a trial to determine	561
whether the person who was the subject of the probable cause	562
hearing is a sexually violent predator. The trial shall be to the	563
court and not to a jury. If a continuance will not substantially	564
prejudice the alleged sexually violent predator, the court may	565
grant a continuance upon request of either party and a showing of	566
good cause, or by the court on its own motion in the due	567
administration of justice. At all stages of the proceedings under	568
this section, the alleged sexually violent predator is entitled to	569
the assistance of counsel, and if the alleged sexually violent	570
predator is indigent, the court shall appoint counsel to assist	571
the alleged sexually violent predator.	572

(B)(1) If the person who is the subject of the trial	573
conducted pursuant to division (A) of this section was charged	574
with a sexually violent offense and a sexually violent predator	575
specification and was adjudicated incompetent to stand trial for	576
that offense and the specification, the court shall hear evidence	577
and determine whether the person did commit the acts charged prior	578
to hearing evidence and determining whether the person is a	579
sexually violent predator. The hearing on this issue shall comply	580
with all the procedures specified in division (A) of this section.	581
In addition, the rules of evidence applicable in criminal cases	582
and all constitutional rights available to criminal defendants at	583
criminal trials, other than the right not to be tried while	584
incompetent and the right to a jury trial, apply to the hearing	585
held pursuant to division (B)(1) of this section.	586

(2) After the hearing held pursuant to division (B)(1) of	587
this section, the court shall enter an order containing the	588
following specific findings:	589

(a) Whether, by clear and convincing evidence, the person	590
committed the act or acts charged;	591

(b) The extent to which the person's incompetence or	592
developmental disability affected the outcome of the hearing,	593
including its effect on the person's ability to consult with and	594
assist counsel and to testify on the person's own behalf;	595

(c) The extent to which the evidence could be reconstructed	596
without the assistance of the person;	597

(d) The strength of the prosecution's case.

598

(3) If the court finds, by clear and convincing evidence,	599
that the person did commit the acts charged, the court may proceed	600
to hold the trial pursuant to division (A) of this section. The	601
order that the court enters pursuant to division (B)(2) of this	602
section is a final order that may be appealed.	603

(C)(1) At the trial held pursuant to division (A) of this	604
section, the court shall determine by clear and convincing	605
evidence whether the person who is the subject of the trial has	606
been convicted of or pleaded guilty to a sexually violent offense	607
and a sexually violent predator specification, has been charged	608
with a sexually violent offense and a sexually violent predator	609
specification and adjudicated incompetent to stand trial on the	610
charge of the offense and the specification, or has been charged	611
with a sexually violent offense and a sexually violent predator	612
specification and found not guilty by reason of insanity of the	613
offense and the specification and whether the person suffers from	614
a mental abnormality or personality disorder that makes the person	615
likely to engage in repeat acts of sexual violence. The	616
determination is a final order that may be appealed.	617

(2) At the conclusion of the trial, the court shall do one of	618
the following:	619

(a) If the court determines that the alleged sexually violent	620
predator has been convicted of or pleaded guilty to a sexually	621
violent offense and a sexually violent predator specification, has	622
been charged with a sexually violent offense and a sexually	623
violent predator specification and adjudicated incompetent to	624
stand trial on the charge of the offense and the specification, or	625
has been charged with a sexually violent offense and a sexually	626
violent predator specification and found not guilty by reason of	627
insanity of the offense and the specification and that the person	628
suffers from a mental abnormality or personality disorder that	629
makes the person likely to engage in repeat acts of sexual	630
violence, the court shall adjudicate the person a sexually violent	631
predator. If the sexually violent predator is serving a prison	632
term, the court shall commit the sexually violent predator to the	633
custody of the director of rehabilitation and correction for the	634
completion of the prison term and, upon the completion of the	635
prison term, civilly commit the sexually violent predator to the	636
custody of the director of mental health for control, care, and	637
treatment in a secure facility, subject to placement in the	638
transitional release program or the conditional release program	639
pursuant to sections 5122.55 to 5122.58 of the Revised Code. If	640
the sexually violent predator is not serving a prison term, the	641
court shall civilly commit the sexually violent predator to the	642
custody of the director of mental health for control, care, and	643
treatment in a secure facility, subject to placement in the	644
transitional release program or the conditional release program	645
pursuant to sections 5122.55 to 5122.58 of the Revised Code. Any	646
person who is civilly committed pursuant to this division or	647
pursuant to any other provision in sections 5122.51 to 5122.61 of	648
the Revised Code shall not voluntarily admit the person or be	649
voluntarily admitted to a hospital or institution pursuant to	650
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	651
All other provisions of Chapter 5122. of the Revised Code	652
regarding hospitalization shall apply to a person so committed to	653
the extent they are not in conflict with sections 5122.51 to	654
5122.61 of the Revised Code. A commitment under sections 5122.51	655
to 5122.61 of the Revised Code shall not be terminated and the	656
conditions of the commitment shall not be changed except by order	657
of the trial court pursuant to sections 5122.51 to 5122.61 of the	658
Revised Code.	659

(b) If the court does not determine that the alleged sexually	660
violent predator has been convicted of or pleaded guilty to a	661
sexually violent offense and a sexually violent predator	662
specification, has been charged with a sexually violent offense	663
and a sexually violent predator specification and adjudicated	664
incompetent to stand trial on the charge of the offense and the	665
specification, or has been charged with a sexually violent offense	666
and a sexually violent predator specification and found not guilty	667
by reason of insanity of the offense and the specification and	668
that the person suffers from a mental abnormality or personality	669
disorder that makes the alleged sexually violent predator likely	670
to engage in repeat acts of sexual violence and if the alleged	671
sexually violent predator is serving a prison term, the court	672
shall commit the alleged sexually violent predator to the custody	673
of the director of rehabilitation and correction for the	674
completion of the prison term.	675

(c) If the court does not determine that the alleged sexually	676
violent predator has been convicted of or pleaded guilty to a	677
sexually violent offense and a sexually violent predator	678
specification, has been charged with a sexually violent offense	679
and a sexually violent predator specification and adjudicated	680
incompetent to stand trial on the charge of the offense and the	681
specification, or has been charged with a sexually violent offense	682
and a sexually violent predator specification and found not guilty	683
by reason of insanity of the offense and the specification and	684
that the person suffers from a mental abnormality or personality	685
disorder that makes the person likely to engage in repeat acts of	686
sexual violence and if the alleged sexually violent predator is	687
not serving a prison term, the court shall release the alleged	688
sexually violent predator.	689

Sec. 5122.55.  (A)(1) Each person civilly committed to the	690
department of mental health pursuant to section 5122.54 of the	691
Revised Code shall have an examination of the person's mental	692
condition one year after the person is committed. Thereafter, the	693
department shall examine the person every three years. The person	694
may retain or, if the person is indigent and so requests, the	695
court may appoint a qualified expert or professional person to	696
examine the person, and the expert or professional person shall	697
have access to all medical records concerning the person, all	698
records concerning prior examinations of the person, and records	699
of the offense that are relevant to an evaluation of the person.	700
The department shall provide the report of the examination to the	701
court that committed the person pursuant to section 5122.54 of the	702
Revised Code.	703

(2) The court shall conduct a hearing on the continued	704
commitment of the committed person one year after the person is	705
first committed. Thereafter, the court shall conduct a hearing on	706
the continued commitment of the committed person every three	707
years.	708

(B) If, at any time, the department of mental health	709
determines that a committed person's mental abnormality or	710
personality disorder has so changed that the person is not likely	711
to commit predatory acts of sexual violence if placed in	712
transitional release or conditional release or finally discharged,	713
the department shall send written notice of this determination to	714
the court and to the local forensic center. The local forensic	715
center shall evaluate the committed person and, within thirty days	716
after its receipt of the written notice, shall submit to the court	717
and the department a written report of the evaluation. The court	718
shall provide a copy of the department's written notice and of the	719
local forensic center's written report to the prosecutor and to	720
the committed person. If the forensic center disagrees with the	721
determination of the department, it shall inform the department	722
and the court of its decision and the reasons for the decision.	723
The department, after consideration of the forensic center's	724
decision, shall either withdraw its determination that the	725
committed person's mental abnormality or personality disorder has	726
so changed that the person is not likely to commit predatory acts	727
of sexual violence if released or discharged or authorize the	728
person to petition the court for transitional release, conditional	729
release, or final discharge. If the forensic center agrees with	730
the determination of the department, it shall inform the	731
department and the court of its decision and the reasons for the	732
decision. The department, then, shall authorize the person to	733
petition the court for transitional release, conditional release,	734
or final discharge. The petition shall be served upon the court	735
and the prosecuting attorney. The court, upon receipt of the	736
petition for transitional release, conditional release, or final	737
discharge, shall schedule a hearing to be held within thirty days	738
of the filing of the petition.	739

(C) A person civilly committed pursuant to sections 5122.51	740
to 5122.61 of the Revised Code, at any time, may file with the	741
committing court a petition for transitional release, conditional	742
release, or final discharge. If the department of mental health	743
supports the petition, the court shall hold a hearing on the	744
petition. If the department of mental health does not support the	745
petition, the court is not required to hold a hearing on the	746
petition unless, after consideration of the petition and other	747
relevant information, the court determines that there has been a	748
significant change in the condition of the committed person that	749
would warrant a change of status.	750

(D) At a hearing held pursuant to division (A), (B), or (C)	751
of this section, division (A) of section 5122.57 of the Revised	752
Code, or division (B) of section 5122.58 of the Revised Code, all	753
of the following apply:	754

(1) The committed person is entitled to be present and is	755
entitled to the benefit of all constitutional protections that	756
were afforded the person at the initial commitment proceeding.	757

(2) The prosecuting attorney shall represent the state.

758

(3) Both parties shall have a right to have the committed	759
person evaluated by experts chosen by the state. The committed	760
person shall also have the right to have experts or professional	761
persons evaluate the person on the person's behalf, and the court	762
shall appoint an expert if the person is indigent and requests an	763
appointment.	764

(4) The state has the burden of proving by clear and	765
convincing evidence that the committed person's mental abnormality	766
or personality disorder remains and that the person is not safe to	767
be placed in the transitional release program, conditional release	768
program, or final discharge, whichever is applicable, and that, if	769
the person is transitionally released, conditionally released, or	770
finally discharged, the person is likely to engage in acts of	771
sexual violence.	772

(5) At the conclusion of the hearing, the court shall do one	773
of the following:	774

(a) In a hearing held regarding a petition to be placed in	775
the transitional release program, if the court determines by clear	776
and convincing evidence that the person's mental abnormality or	777
personality disorder remains and that the person is unsafe to be	778
placed in transitional release, the court shall order the person	779
to remain in custody of the director of mental health for control,	780
care, and treatment in a secure facility.	781

(b) In a hearing held regarding a petition to be placed in	782
the transitional release program, if the court does not find by	783
clear and convincing evidence that the committed person's mental	784
abnormality or personality disorder remains and that the person is	785
unsafe to be placed in the transitional release program, the	786
department of mental health shall transfer the person to the	787
transitional release program.	788

(c) In a hearing held regarding a petition to be placed in	789
the conditional release program, if the court determines by clear	790
and convincing evidence that the person's mental abnormality or	791
personality disorder remains and that the person is unsafe to be	792
placed in conditional release, the court shall order the person to	793
remain in the custody of the director of mental health for	794
control, care, and treatment in either the transitional release	795
program or a secure facility.	796

(d) In a hearing held regarding a petition to be placed in	797
the conditional release program, if the court does not find by	798
clear and convincing evidence that the committed person's mental	799
abnormality or personality disorder remains and that the person is	800
unsafe to be placed in the conditional release program, the	801
department of mental health shall transfer the person to the	802
conditional release program.	803

(e) In a hearing held regarding a petition for final	804
discharge, if the court determines by clear and convincing	805
evidence that the person's mental abnormality or personality	806
disorder remains and that the person is unsafe for final	807
discharge, the court shall order the person to remain in the	808
custody of the director of mental health for control, care, and	809
treatment in the transitional release program, the conditional	810
release program, or a secure facility.	811

(f) In a hearing held regarding a petition for final	812
discharge, if the court does not find by clear and convincing	813
evidence that the committed person's mental abnormality or	814
personality disorder remains and that the person is unsafe for	815
final discharge, the court shall order the person finally	816
discharged. The final discharge of a person does not prevent the	817
person from being prosecuted for any criminal acts that the person	818
is alleged to have committed or from being subject in the future	819
to a subsequent commitment under sections 5122.51 to 5122.61 of	820
the Revised Code.	821

Sec. 5122.56.  (A) The department of mental health shall	822
develop and operate a program of transitional release for sexually	823
violent predators civilly committed to the custody of the director	824
of mental health for control, care, and treatment. The department	825
may contract for services to be provided in the transitional	826
release program. During any period a person is in transitional	827
release, that person shall comply with any rules or regulations	828
the department may establish for this program and every directive	829
of the treatment staff of the transitional release program.	830

(B) At any time during which the person is in the	831
transitional release program and the treatment staff determines	832
that the person has violated any rule, regulation, or directive	833
associated with the transitional release program, the treatment	834
staff may remove the person from the transitional release program	835
and return the person to the secure commitment facility, or may	836
request the court to issue an emergency ex parte order directing	837
any law enforcement officer to take the person into custody and	838
return the person to the secure commitment facility. The treatment	839
staff may make the request orally, in person, or by telephone, but	840
the oral request shall be followed in written or facsimile form	841
delivered to the court not later than five o'clock p.m. of the	842
first day the court is open for the transaction of business after	843
the oral request was made.	844

(C) Upon a person being returned to the secure commitment	845
facility from the transitional release program, the department of	846
mental health shall give notice of the return to the court. The	847
court shall schedule the matter for a hearing within ten business	848
days of the receipt of notice of the person's having been returned	849
to the secure commitment facility and cause notice to be given to	850
the prosecuting attorney, the person, and the department. The	851
prosecuting attorney has the burden of proof to show probable	852
cause that the person violated any conditions of transitional	853
release. The hearing shall be to the court. At the conclusion of	854
the hearing, the court shall issue an order returning the person	855
to the secure commitment facility or to the transitional release	856
program and may order any other further conditions with which the	857
person must comply if the person is returned to the transitional	858
release program.	859

Sec. 5122.57.  (A) During any period a person is in the	860
transitional release program, the treatment staff shall examine	861
the committed person at least annually, and at any other time	862
deemed appropriate by the treatment staff to determine if the	863
person's mental abnormality or personality disorder has so changed	864
so as to warrant the person being considered for the conditional	865
release program. The treatment staff shall send written notice of	866
this determination to the court and to the local forensic center.	867
The local forensic center shall evaluate the committed person and,	868
within thirty days after its receipt of the written notice, shall	869
submit to the court and the treatment staff a written report of	870
the evaluation. The court shall provide a copy of the treatment	871
staff's written notice and of the local forensic center's written	872
report to the prosecutor and to the committed person. If the court	873
determines that probable cause exists to believe that the person's	874
mental abnormality or personality disorder has so changed that the	875
person is safe to be placed in conditional release, the court	876
shall then set a hearing on the issue. The hearing shall be held	877
as described in division (C) of section 5122.55 of the Revised	878
Code. Subsequent to either a court review or a hearing, the court	879
shall issue an appropriate order with findings of fact. The order	880
of the court shall be provided to the prosecuting attorney, the	881
person and the department of mental health.	882

(B) If, after the hearing, the court is convinced by clear	883
and convincing evidence that the person is not appropriate for	884
conditional release, the court shall order that the person remain	885
either in secure commitment or in transitional release. Otherwise,	886
the court shall order that the person be placed on conditional	887
release.	888

Sec. 5122.58.  (A)(1) If a court determines by clear and	889
convincing evidence that a committed person should be placed on	890
conditional release, the court, based upon recommendation of the	891
treatment staff, shall establish a plan of treatment that the	892
person shall be ordered to follow.	893

(2) The plan of treatment may include, but is not limited to,	894
the following:	895

(a) Provisions as to where the person shall reside and with	896
whom;	897

(b) Taking prescribed medication;

898

(c) Attending individual and group counseling;

899

(d) Maintaining employment;

900

(e) Having no contact with children;

901

(f) Not frequenting facilities, locations, events, or other	902
areas in which children are likely to be present and not engaging	903
in activities in which contact with children is likely.	904

(3) Upon a showing by the person that the person accepts the	905
plan of treatment and is prepared to follow it, the court shall	906
release the person from the transitional release program.	907

(B)(1) At any time during the person's conditional release,	908
if the professional person designated by the court in the	909
treatment plan to monitor the person's compliance with the plan	910
determines that the person has violated any material condition of	911
that plan, that professional person may request the court to issue	912
an emergency ex parte order directing any law enforcement officer	913
to take the person into custody and return the person to the	914
secure commitment facility. The professional person may make the	915
request orally, in person, or by telephone, but the oral request	916
shall be followed in written or facsimile form delivered to the	917
court not later than five o'clock p.m. of the first day the court	918
is open for the transaction of business after the oral request was	919
made.	920

(2) Upon the person being returned to the secure commitment	921
facility from conditional release, the director of the department	922
of mental health shall give notice to the court. The court shall	923
schedule the matter for a hearing within ten business days of	924
receipt of notice of the person's having been returned to the	925
secure commitment facility and shall cause notice to be given to	926
the prosecuting attorney, the person, and the director. The	927
prosecuting attorney has the burden of proof to show probable	928
cause that the person violated any conditions of conditional	929
release. The hearing shall be to the court.	930

(3) At the conclusion of the hearing, the court shall issue	931
an order that does one of the following:	932

(a) Returns the person to the secure commitment facility;

933

(b) Returns the person to the transitional release program;

934

(c) Returns the person to conditional release.

935

The court may order the person to comply with further	936
conditions if the person is returned to either the transitional	937
release program or to conditional release.	938

Sec. 5122.59.  (A) The department of mental health shall be	939
responsible for all costs relating to the evaluation and treatment	940
of persons committed to the department's custody under sections	941
5122.51 to 5122.61 of the Revised Code. The department may obtain	942
reimbursement for the cost of that evaluation and treatment. The	943
department may contract with the department of rehabilitation and	944
correction for the housing needs of persons committed to the	945
department of mental health's custody under sections 5122.51 to	946
5122.61 of the Revised Code.	947

(B) Except for a person who is in the transitional release	948
program or the conditional release program, the department of	949
mental health shall place any person committed to the department's	950
custody under sections 5122.51 to 5122.61 of the Revised Code in a	951
forensic unit until the department determines that the person does	952
not present a danger to others if transferred to a less secure	953
facility.	954

Sec. 5122.60.  In addition to any other information required	955
to be released pursuant to sections 5122.51 to 5122.61 of the	956
Revised Code, prior to the release of a person civilly committed	957
to the department of mental health pursuant to section 5122.54 of	958
the Revised Code, the department of mental health shall give	959
written notice of the placement or release of the person to any	960
victim of the person's activities or crime who is alive and whose	961
address is known to the department. The department's failure to	962
notify a victim as required by this division is not a reason for	963
postponement of the release of a person. Nothing in this section	964
creates a cause of action against the state or an employee of the	965
state who is acting within the scope of the employee's employment	966
and who fails to notify a victim as required by this section.	967

Sec. 5122.61.  In order to protect the public, relevant	968
information and records that are otherwise confidential or	969
privileged shall be released to the agency with jurisdiction or	970
the prosecuting attorney for the purpose of meeting the notice	971
requirement provided in section 5122.60 of the Revised Code and	972
determining whether a person is or continues to be a sexually	973
violent predator.	974

Section 2. That existing sections 2743.191 and 2971.05 of the	975
Revised Code are hereby repealed.	976