The bill amends section 2929.20 of the Revised Code to enhance the judicial release process for offenders by prohibiting the denial of judicial release solely based on the classification of an offense, which is defined as the severity of the offense categorized as a felony of the first through fifth degree. This change aims to ensure that eligible offenders are not automatically disqualified from seeking judicial release due to the nature of their offense. The bill also outlines specific procedures for eligible offenders and those qualifying under state of emergency conditions to file motions for judicial release, including timelines based on their nonmandatory prison terms. It emphasizes the need for courts to consider various factors, such as the offender's conduct and the potential risks posed by their release, while also ensuring that victims and their representatives are notified of relevant hearings.

Additionally, the bill introduces a recommendation system by the director of the department of rehabilitation and correction, creating a rebuttable presumption for judicial release if the director recommends it. The court is required to schedule a hearing within 30 to 60 days of such a recommendation and must evaluate factors like the offender's institutional behavior and participation in rehabilitative programs. If an offender qualifies as an eighty percent-qualifying offender, the court must grant judicial release unless the prosecuting attorney can prove that the government's interest in confinement outweighs the offender's interest in release. The bill also includes provisions for timely victim notification and repeals the existing section 2929.20 of the Revised Code, thereby streamlining the judicial release framework while balancing the rights of victims and the rehabilitation of offenders.

Statutes affected:
As Introduced: 2929.20