Ohio Code 2967.03 – Duties and powers as to pardon, commutation, reprieve or parole
The adult parole authority may exercise its functions and duties in relation to the pardon, commutation of sentence, or reprieve of a convict upon direction of the governor or upon its own initiative. It may exercise its functions and duties in relation to the parole of a prisoner who is eligible for parole upon the initiative of the head of the institution in which the prisoner is confined or upon its own initiative. When a prisoner becomes eligible for parole, the head of the institution in which the prisoner is confined shall notify the authority in the manner prescribed by the authority. The authority may investigate and examine, or cause the investigation and examination of, prisoners confined in state correctional institutions concerning their conduct in the institutions, their mental and moral qualities and characteristics, their knowledge of a trade or profession, their former means of livelihood, their family relationships, and any other matters affecting their fitness to be at liberty without being a threat to society.
Terms Used In Ohio Code 2967.03
- Child: includes child by adoption. See Ohio Code 1.59
- commutation of sentence: means the substitution by the governor of a lesser for a greater punishment. See Ohio Code 2967.01
- Convict: means a person who has been convicted of a felony under the laws of this state, whether or not actually confined in a state correctional institution, unless the person has been pardoned or has served the person's sentence or prison term. See Ohio Code 2967.01
- head of the institution: means the resident head of the institution and the person immediately in charge of the institution, whether designated warden, superintendent, or any other name by which the head is known. See Ohio Code 2967.01
- Pardon: means the remission of penalty by the governor in accordance with the power vested in the governor by the constitution. See Ohio Code 2967.01
- Parole: means , regarding a prisoner who is serving a prison term for aggravated murder or murder, who is serving a prison term of life imprisonment for rape or for felonious sexual penetration as it existed under section 2907. See Ohio Code 2967.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Prisoner: means a person who is in actual confinement in a state correctional institution. See Ohio Code 2967.01
- Reprieve: means the temporary suspension by the governor of the execution of a sentence or prison term. See Ohio Code 2967.01
- state: means the state of Ohio. See Ohio Code 1.59
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The authority may recommend to the governor the pardon, commutation of sentence, or reprieve of any convict or prisoner or grant a parole to any prisoner for whom parole is authorized, if in its judgment there is reasonable ground to believe that granting a pardon, commutation, or reprieve to the convict or paroling the prisoner would further the interests of justice and be consistent with the welfare and security of society. However, the authority shall not recommend a pardon or commutation of sentence, or grant a parole to, any convict or prisoner until the authority has complied with the applicable notice requirements of sections 2930.16 and 2967.12 of the Revised Code and until it has considered any statement made by a victim or a victim’s representative that is relevant to the convict’s or prisoner’s case and that was sent to the authority pursuant to section 2930.17 of the Revised Code, any other statement made by a victim or a victim’s representative that is relevant to the convict’s or prisoner’s case and that was received by the authority after it provided notice of the pendency of the action under sections 2930.16 and 2967.12 of the Revised Code, and any written statement of any person submitted to the court pursuant to division (I) of section 2967.12 of the Revised Code. If a victim, victim’s representative, or the victim’s spouse, parent, sibling, or child appears at a full board hearing of the parole board and gives testimony as authorized by section 5149.101 of the Revised Code, the authority shall consider the testimony in determining whether to grant a parole. The trial judge and prosecuting attorney of the trial court in which a person was convicted shall furnish to the authority, at the request of the authority, a summarized statement of the facts proved at the trial and of all other facts having reference to the propriety of recommending a pardon or commutation or granting a parole, together with a recommendation for or against a pardon, commutation, or parole, and the reasons for the recommendation. The trial judge, the prosecuting attorney, specified law enforcement agency members, and a representative of the prisoner may appear at a full board hearing of the parole board and give testimony in regard to the grant of a parole to the prisoner as authorized by section 5149.101 of the Revised Code. All state and local officials shall furnish information to the authority, when so requested by it in the performance of its duties.
The adult parole authority shall exercise its functions and duties in relation to the release of prisoners who are serving a definite prison term as a stated prison term in accordance with section 2967.28 of the Revised Code, and the authority and the department of rehabilitation and correction shall exercise their functions and duties in relation to the release of prisoners who are serving a non-life felony indefinite prison term as a stated prison term in accordance with sections 2967.271 and 2967.28 of the Revised Code.