2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2930 | Victim's Rights › Section 2930.05 | Notice of Arrest or Detention of Offender.

Effective:
April 6, 2023
Latest Legislation:
House Bill 343 - 134th General Assembly
(A) Within a reasonable period of time after the arrest or detention of a defendant or an alleged juvenile offender for the underlying criminal offense or delinquent act, the law enforcement agency that investigates the criminal offense or delinquent act shall give the victim and the victim's representative notice of all of the following:
(1) The arrest or detention once the investigating law enforcement agency has knowledge of the arrest or detention;
(2) The name of the defendant or alleged juvenile offender once the investigating law enforcement agency has knowledge of the name of the defendant or alleged juvenile offender;
(3) That the defendant or alleged juvenile offender may be eligible for pretrial release or for release from detention;
(4) The telephone number of the law enforcement agency;
(5) The victim's and the victim's representative's right, if applicable, to telephone the custodial agency to ascertain whether the defendant or alleged juvenile offender has been released from custody or from detention;
(6) That, on request of the victim or the victim's representative, the prosecutor or the prosecutor's designee shall provide the victim and the victim's representative, if applicable, with a copy of the terms and conditions of bond;
(7) Procedures for obtaining additional information from the clerk of the court about the time, place, and date of the arraignment or initial appearance of the defendant or alleged juvenile offender;
(8) If the defendant or alleged juvenile offender is arrested or detained by another law enforcement agency, the applicable pick-up radius and whether the investigating law enforcement agency will pick up the defendant or alleged juvenile offender, once the investigating law enforcement agency has knowledge of the defendant's or alleged juvenile offender's arrest or detention.
(B)(1) If a defendant or alleged juvenile offender has been released from custody on a bond or personal recognizance or has been released from detention and the prosecutor in the case has received the affidavit of a victim stating that the defendant or alleged juvenile offender, or someone acting at the defendant's or alleged juvenile offender's direction, has committed or threatened to commit one or more acts of violence, harassment, or intimidation against the victim, the victim's family, or the victim's representative, the prosecutor may file a motion asking the court to reconsider the conditions of the bond or personal recognizance granted to the defendant or alleged juvenile offender or to consider returning the defendant or alleged juvenile offender to detention.
(2) If the prosecutor elects not to file a motion under division (B)(1) of this section, the prosecutor or the prosecutor's designee shall inform the victim as soon as practicable that the victim or the victim's attorney may file a petition asking the court to reconsider the conditions of the bond or personal recognizance granted to the defendant or alleged juvenile offender.
Last updated March 9, 2023 at 3:47 PM