Bill Text: OH HB225 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To eliminate the requirement for certain felons that a presentence investigation report be prepared prior to an offender's placement under a community control sanction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-16 - To Criminal Justice [HB225 Detail]

Download: Ohio-2009-HB225-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 225

Representative Yates 

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A BILL

To amend section 2951.03 of the Revised Code to

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eliminate the requirement for certain felons that

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a presentence investigation report be prepared

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prior to an offender's placement under a community

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control sanction.

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

Section 1. That section 2951.03 of the Revised Code be	6
amended to read as follows:	7

Sec. 2951.03.  (A)(1) No person who has been convicted of or	8
pleaded guilty to a felony shall be placed under a community	9
control sanction until a written presentence investigation report	10
has been considered by the court if the person has been convicted	11
of or pleaded guilty to a felony offense of violence, a felony sex	12
offense, as defined in section 2967.28 of the Revised Code, or a	13
felony during the commission of which the person had a firearm,	14
deadly weapon, or dangerous ordnance on or about the person or	15
under the person's control. If a court does not order the	16
preparation of a presentence investigation report pursuant to this	17
section, section 2947.06 of the Revised Code, or Criminal Rule	18
32.2, the court, prior to placing a defendant under a community	19
control sanction, may make any necessary inquiries of the	20
defendant on the record and shall articulate the court's reasons	21
for placing the defendant under a community control sanction. If	22
a court orders the preparation of a presentence investigation	23
report pursuant to this section, section 2947.06 of the Revised	24
Code, or Criminal Rule 32.2, the officer making the report shall	25
inquire into the circumstances of the offense and the criminal	26
record, social history, and present condition of the defendant,	27
all information available regarding any prior adjudications of the	28
defendant as a delinquent child and regarding the dispositions	29
made relative to those adjudications, and any other matters	30
specified in Criminal Rule 32.2. Whenever the officer considers	31
it advisable, the officer's investigation may include a physical	32
and mental examination of the defendant. A physical examination of	33
the defendant may include a drug test consisting of a chemical	34
analysis of a blood or urine specimen of the defendant to	35
determine whether the defendant ingested or was injected with a	36
drug of abuse. If, pursuant to section 2930.13 of the Revised	37
Code, the victim of the offense of which the defendant has been	38
convicted wishes to make a statement regarding the impact of the	39
offense for the officer's use in preparing the presentence	40
investigation report, the officer shall comply with the	41
requirements of that section.	42

(2) If a defendant is committed to any institution, the	43
presentence investigation report shall be sent to the institution	44
with the entry of commitment. If a defendant is committed to any	45
institution and a presentence investigation report is not prepared	46
regarding that defendant pursuant to this section, section 2947.06	47
of the Revised Code, or Criminal Rule 32.2, the director of the	48
department of rehabilitation and correction or the director's	49
designee may order that an offender background investigation and	50
report be conducted and prepared regarding the defendant pursuant	51
to section 5120.16 of the Revised Code. An offender background	52
investigation report prepared pursuant to this section shall be	53
considered confidential information and is not a public record	54
under section 149.43 of the Revised Code.	55

(3) The department of rehabilitation and correction may use	56
any presentence investigation report and any offender background	57
investigation report prepared pursuant to this section for	58
penological and rehabilitative purposes. The department may	59
disclose any presentence investigation report and any offender	60
background investigation report to courts, law enforcement	61
agencies, community-based correctional facilities, halfway houses,	62
and medical, mental health, and substance abuse treatment	63
providers. The department shall make the disclosure in a manner	64
calculated to maintain the report's confidentiality. Any	65
presentence investigation report or offender background	66
investigation report that the department discloses to a	67
community-based correctional facility, a halfway house, or a	68
medical, mental health, or substance abuse treatment provider	69
shall not include a victim impact section or information	70
identifying a witness.	71

(B)(1) If a presentence investigation report is prepared	72
pursuant to this section, section 2947.06 of the Revised Code, or	73
Criminal Rule 32.2, the court, at a reasonable time before	74
imposing sentence, shall permit the defendant or the defendant's	75
counsel to read the report, except that the court shall not permit	76
the defendant or the defendant's counsel to read any of the	77
following:	78

(a) Any recommendation as to sentence;

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(b) Any diagnostic opinions that, if disclosed, the court	80
believes might seriously disrupt a program of rehabilitation for	81
the defendant;	82

(c) Any sources of information obtained upon a promise of	83
confidentiality;	84

(d) Any other information that, if disclosed, the court	85
believes might result in physical harm or some other type of harm	86
to the defendant or to any other person.	87

(2) Prior to sentencing, the court shall permit the defendant	88
and the defendant's counsel to comment on the presentence	89
investigation report and, in its discretion, may permit the	90
defendant and the defendant's counsel to introduce testimony or	91
other information that relates to any alleged factual inaccuracy	92
contained in the report.	93

(3) If the court believes that any information in the	94
presentence investigation report should not be disclosed pursuant	95
to division (B)(1) of this section, the court, in lieu of making	96
the report or any part of the report available, shall state orally	97
or in writing a summary of the factual information contained in	98
the report that will be relied upon in determining the defendant's	99
sentence. The court shall permit the defendant and the defendant's	100
counsel to comment upon the oral or written summary of the report.	101

(4) Any material that is disclosed to the defendant or the	102
defendant's counsel pursuant to this section shall be disclosed to	103
the prosecutor who is handling the prosecution of the case against	104
the defendant.	105

(5) If the comments of the defendant or the defendant's	106
counsel, the testimony they introduce, or any of the other	107
information they introduce alleges any factual inaccuracy in the	108
presentence investigation report or the summary of the report, the	109
court shall do either of the following with respect to each	110
alleged factual inaccuracy:	111

(a) Make a finding as to the allegation;

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(b) Make a determination that no finding is necessary with	113
respect to the allegation, because the factual matter will not be	114
taken into account in the sentencing of the defendant.	115

(C) A court's decision as to the content of a summary under	116
division (B)(3) of this section or as to the withholding of	117
information under division (B)(1)(a), (b), (c), or (d) of this	118
section shall be considered to be within the discretion of the	119
court. No appeal can be taken from either of those decisions, and	120
neither of those decisions shall be the basis for a reversal of	121
the sentence imposed.	122

(D)(1) The contents of a presentence investigation report	123
prepared pursuant to this section, section 2947.06 of the Revised	124
Code, or Criminal Rule 32.2 and the contents of any written or	125
oral summary of a presentence investigation report or of a part of	126
a presentence investigation report described in division (B)(3) of	127
this section are confidential information and are not a public	128
record. The court, an appellate court, authorized probation	129
officers, investigators, and court personnel, the defendant, the	130
defendant's counsel, the prosecutor who is handling the	131
prosecution of the case against the defendant, and authorized	132
personnel of an institution to which the defendant is committed	133
may inspect, receive copies of, retain copies of, and use a	134
presentence investigation report or a written or oral summary of a	135
presentence investigation only for the purposes of or only as	136
authorized by Criminal Rule 32.2 or this section, division (F)(1)	137
of section 2953.08, section 2947.06, or another section of the	138
Revised Code.	139

(2) Immediately following the imposition of sentence upon the	140
defendant, the defendant or the defendant's counsel and the	141
prosecutor shall return to the court all copies of a presentence	142
investigation report and of any written summary of a presentence	143
investigation report or part of a presentence investigation report	144
that the court made available to the defendant or the defendant's	145
counsel and to the prosecutor pursuant to this section. The	146
defendant or the defendant's counsel and the prosecutor shall not	147
make any copies of the presentence investigation report or of any	148
written summary of a presentence investigation report or part of a	149
presentence investigation report that the court made available to	150
them pursuant to this section.	151

(3) Except when a presentence investigation report or a	152
written or oral summary of a presentence investigation report is	153
being used for the purposes of or as authorized by Criminal Rule	154
32.2 or this section, division (F)(1) of section 2953.08, section	155
2947.06, or another section of the Revised Code, the court or	156
other authorized holder of the report or summary shall retain the	157
report or summary under seal.	158

(E) In inquiring into the information available regarding any	159
prior adjudications of the defendant as a delinquent child and	160
regarding the dispositions made relative to those adjudications,	161
the officer making the report shall consider all information that	162
is relevant, including, but not limited to, the materials	163
described in division (B) of section 2151.14, division (C)(3) of	164
section 2152.18, division (D)(3) of section 2152.19, and division	165
(E) of section 2152.71 of the Revised Code.	166

(F) As used in this section:

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(1) "Prosecutor" has the same meaning as in section 2935.01	168
of the Revised Code.	169

(2) "Community control sanction" has the same meaning as in	170
section 2929.01 of the Revised Code.	171

(3) "Public record" has the same meaning as in section 149.43	172
of the Revised Code.	173

Section 2. That existing section 2951.03 of the Revised Code	174
is hereby repealed.	175