OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 44 Bill Analysis
135th General Assembly
Click here for H.B. 44’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Humphrey and Stewart
Effective date:
Sarah A. Maki, Attorney
SUMMARY
 Requires the Chief of the Adult Parole Authority to adopt rules requiring that electronic
recordings be made of Parole Board hearings.
 Provides that electronic records of Parole Board hearings are public records.
DETAILED ANALYSIS
Electronic recordings of Parole Board hearings
Rules governing electronic recordings
Under current law, the Chief of the Adult Parole Authority (APA), subject to the approval
of the Chief of the Division of Parole and Community Services, must adopt rules governing the
proceedings of the Parole Board.1
The bill adds that the Chief of the APA must adopt rules requiring that electronic
recordings be made of full Parole Board hearings and other hearings of the Parole Board.2 The
electronic recordings of Parole Board hearings must not include the following personal
identifying information of any victim or member of the victim’s immediate family: (1) name,
(2) date of birth, (3) home or work address, (4) social security number, (5) age, (6) telephone
number, (7) electronic mail address, or (8) any other information that is likely to identify the
victim or member of the victim’s immediate family. The bill defines “member of the victim’s
immediate family” as a spouse, child, stepchild, parent, stepparent, grandparent, brother, or
sister of a victim.3
1 R.C. 5149.10(A)(1).
2 R.C. 5149.10(A)(1)(f).
3 R.C. 5149.10(F)(1) and (2).
March 27, 2023
Office of Research and Drafting LSC Legislative Budget Office
The bill requires that, upon the request of any party, person, or entity, including the
inmate who is the subject of the hearing, the Department of Rehabilitation and Correction must
provide the electronic recording of Parole Board hearing to the party, person, or entity making
the request. If a party, person, or entity, including the inmate who is the subject of the hearing,
wishes to have the electronic recording of Parole Board hearing transcribed, the party, person,
or entity must do so at the party’s, person’s, or entity’s own expense.4
Under current law, the Chief of the APA must adopt rules governing all of the following:
(1) the convening of full Parole Board hearings, (2) the procedure to be followed in full Parole
Board hearings, (3) general procedures to be followed in other hearings of the Parole Board and
by the Parole Board’s hearing officers, (4) a requirement that a majority of all the Parole Board
members must agree to any recommendation of clemency transmitted to the Governor, and
(5) for parole hearings, procedures for considering the report of the warden of the institution in
which the eligible prisoner is incarcerated.5
Public records
Under continuing law, a “public record” means records kept by any public office,
including, but not limited to, state, county, city, village, township, and school district units, and
records pertaining to the delivery of educational services by an alternative school in this state
kept by the nonprofit or for-profit entity operating the alternative school.6
The bill provides that electronic recordings of Parole Board hearings are public records.
Under continuing law, other records pertaining to probation and parole proceedings, to
proceedings related to the imposition of community control sanctions and post-release control
sanctions, or to proceedings related to determinations for nonlife felony indefinite prison terms
are not public records.7
HISTORY
Action Date
Introduced 02-15-23
ANHB0044IN-135/ks
4 R.C. 5149.10(A)(1)(f).
5 R.C. 5149.10(A)(1)(a) to (e).
6 R.C. 149.43(A)(1).
7 R.C. 149.43(A)(1)(b).
P a g e |2 H.B. 44
As Introduced


Statutes affected:
As Introduced: 149.43, 5149.10