The governor signed H.B. 137, which revises the procedure for the sealing and expunging juvenile records and modifies the post-release control law. See Governor's News Release, July 11, 2006. One of the changes made to the post-release control law is in response to the Ohio Supreme Court's decision in Hernandez v. Kelly (2006), 108 Ohio St.3d 395. Hernandez held that post-release control can not be imposed on an offender unless the court notifies the offender at the sentencing hearing and incorporates it into the sentencing entry. Now, post-release control can be imposed despite the court's failure to notify the offender and/or include it in the sentencing entry if: (1) an offender was sentenced before the effective date of the act, is still in prison, and a hearing prior to release takes place or (2) the offender is sentenced after the effective date. HB 137 also contains specific provisions pertaining to post-release control of sex offenders. See House Bill 137 (Hernandez Portion) , Ohio Judicial Conference Enactment News.
The bill contains an emergency clause and goes into effect immediately after it is signed by the Governor and filed with the Secretary of State.