Ohio Code 2930.17 – Statement of victim prior to judicial release or early release
(A) In determining whether to grant a judicial release to a defendant from a prison term pursuant to section 2929.20 of the Revised Code at a time before the defendant‘s stated prison term expires, or in determining whether to grant a judicial release or early release to an alleged juvenile offender from a commitment to the department of youth services pursuant to section 2151.38 of the Revised Code, the court shall permit a victim of a criminal offense or delinquent act for which the defendant or alleged juvenile offender was incarcerated or committed, and the victim’s representative, if applicable, to be heard orally, in writing, or both, in addition to any other statement made under this chapter, concerning the effects of that criminal offense or delinquent act on the victim, the circumstances surrounding the criminal offense or delinquent act, the manner in which the criminal offense or delinquent act was perpetrated, and the victim’s or victim’s representative’s opinion whether the defendant or alleged juvenile offender should be released. The victim and victim’s representative, if applicable, may be heard in writing, orally, or both at the victim’s or victim’s representative’s discretion. The court shall allow the defendant or alleged juvenile offender to review a copy of any written impact statement made by the victim or victim’s representative under this section and shall give either the adult parole authority or the department of youth services, whichever is applicable, a copy of any written impact statement made by the victim or victim’s representative under this division.
Terms Used In Ohio Code 2930.17
- Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- Criminal offense: means an alleged act or omission committed by a person that is punishable by incarceration and is not eligible to be disposed of by the traffic violations bureau. See Ohio Code 2930.01
- Custodial agency: means one of the following:
(1) The entity that has custody of a defendant or an alleged juvenile offender who is incarcerated for a criminal offense, is under detention for the commission of a delinquent act, or who is detained after a finding of incompetence to stand trial or not guilty by reason of insanity relative to a criminal offense, including any of the following:
(a) The department of rehabilitation and correction or the adult parole authority;
(b) A county sheriff;
(c) The entity that administers a jail, as defined in section 2929. See Ohio Code 2930.01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person who is alleged to be the perpetrator of a criminal offense in a complaint, indictment, or information that charges the commission of a criminal offense and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Delinquency proceeding: means all proceedings in a juvenile court that are related to a case in which a complaint has been filed alleging that a child is a delinquent child. See Ohio Code 2930.01
- Delinquent act: means an alleged act committed by a child, regardless of whether the child is competent, that does any of the following and is not disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13. See Ohio Code 2930.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
(B) In deciding whether to grant a judicial release or early release to the defendant or alleged juvenile offender, the court shall consider a statement made by the victim and the victim’s representative, if applicable, under division (A) of this section or section 2930.14 or 2947.051 of the Revised Code.
(C) Upon making a determination whether to grant a judicial release to a defendant from a prison term pursuant to section 2929.20 of the Revised Code or a judicial release or early release to an alleged juvenile offender from a commitment to the department of youth services pursuant to section 2151.38 of the Revised Code, the court promptly shall send notice of its determination to the prosecutor of the county in which the criminal or delinquency proceeding was held against the defendant or alleged juvenile offender. Before ordering a defendant or alleged juvenile offender released from custody, the court shall send the custodial agency a copy of its journal entry of the determination.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated March 14, 2023 at 11:21 AM