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OH SB143
Bill
Status
9/19/2014
Primary Sponsor
John Adams
Click for details
AI Summary
Summary of SB 143 (130th General Assembly)
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Allows the Attorney General to authorize release of arrest information and delinquent child adjudication records (with restrictions) as part of criminal records checks, and permits arrest information for adults 18+ to be released when charges are pending or arrest is recent.
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Modifies criminal sentencing and detention provisions: expands community alternative sentencing centers (allowing municipal corporations to establish them, increasing maximum terms to 90 days), allows courts to detain 18-20 year-olds in adult facilities based on best interests of youth, and adds a 90-day minimum institutionalization period for youth violating supervised release.
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Reforms record sealing procedures: allows sealing of records for persons convicted twice of the same misdemeanor, permits sealing of acquitted charges when multiple charges result from same act, eliminates certified mail requirement for sealing notices, and provides qualified immunity to officials who mistakenly release sealed records under specific circumstances.
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Extends the Ex-offender Reentry Coalition until December 31, 2019, and modifies prison programs by increasing the sentence length that disqualifies inmates from the nursery program (from 18 months to 3 years).
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Eliminates warning notices about motor vehicle registration blocks, removes the 40-hour monthly cap for community service credit toward court cost judgments, and authorizes courts to order restitution for driving under suspension violations when financial responsibility proof is not provided.
Legislative Description
To permit the Attorney General to authorize the release of information relating to certain arrests and delinquent child adjudications pursuant to a request for a criminal records check; to regulate the confidentiality of personal information related to community service block grants; to clarify the authority of boards of county commissioners to establish a community alternative sentencing center; to authorize a municipal corporation to establish a community alternative sentencing center; to modify the procedure for sentencing and admitting an eligible offender to a community alternative sentencing center; to clarify that an eligible offender must successfully complete any term in a center as a condition of a community residential sanction; to include the best interests of the person as a reason for which an alleged or adjudicated delinquent child who is at least 18 but younger than 21 may be held in an adult detention facility; to modify the waiting period for making a motion or application for the sealing of a juvenile court record of a person who is 18 years of age or older; to reaffirm that BCII is a public office or agency for purposes of notification of a delinquency record-sealing order; to specify that most identifying information that relates to the admission and confinement in an adult detention facility of a person under 21 generally is confidential; to clarify a court's authority to commit a delinquent child to the Department of Youth Services for a violation of supervised release; to authorize a court to order restitution if a person convicted of driving under suspension or driving under financial-responsibility-law suspension or cancellation fails to provide proof of financial responsibility; to extend the existence of the Ex-offender Reentry Coalition until December 31, 2019; to authorize a person charged with multiple offenses in connection with the same act to apply for the sealing of records pertaining to an acquitted charge; to eliminate the requirement that notice of a sealing order be sent by certified mail; to modify the requirements regarding testing for HIV of persons charged with specified sex offense; to increase the sentence of imprisonment that disqualifies an inmate from participating in the prison nursery program; to remove the cap of 40 hours per month and give a court discretion in setting the amount of credit for community service ordered for failure to pay a criminal court cost judgment; to authorize a court that receives or is forwarded a petition for a certificate of qualification for employment to direct the clerk of court to process and record all required notices; to include persons convicted twice of the same misdemeanor as eligible offenders for purposes of sealing records of the convictions; to provide a qualified immunity in specified circumstances to a government official who mistakenly releases information from a sealed or expunged record; to clarify the application of the Conviction Record Sealing Law to individual convictions and bail forfeitures; to preclude a court from disapproving transitional control of a prisoner who is serving a sentence of more than two years; to authorize an additional prison term for the commission of a felony while on transitional control; and to eliminate the warning notice that motor vehicle registration may be blocked for failure to appear in court or pay a fine.
Criminal law & procedure-revisions
Last Action
Effective Date
9/19/2014