As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 602 5
1997-1998 6
REPRESENTATIVES CALLENDER-YOUNG-CAREY-CATES-STAPLETON- SENATORS 9
DRAKE-BLESSING-GARDNER
_________________________________________________________________ 11
A B I L L
To amend sections 2301.02 and 2301.51 of the Revised 13
Code to add one General Division judge to the 15
Court of Common Pleas of Lake County to be
elected at the general election in November 17
2000, and, in courts of common pleas in which the 18
presiding judge is not a judge of the court's
general division, to transfer certain functions 19
regarding community-based or district
community-based correctional facilities and 20
programs from the presiding judge to the 21
administrative judge of the court's general
division.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2301.02 and 2301.51 of the 25
Revised Code be amended to read as follows: 27
Sec. 2301.02. The number of judges of the court of common 36
pleas for each county, the time for the next election of the 37
judges in the several counties, and the beginning of their terms 38
shall be as follows: 39
(A) In Adams, Ashland, Fayette, and Pike counties, one 41
judge, elected in 1956, term to begin February 9, 1957; 42
In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 44
Ottawa, and Union counties, one judge, to be elected in 1954, 45
term to begin February 9, 1955; 46
In Auglaize county, one judge, to be elected in 1956, term 48
2
to begin January 9, 1957; 49
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 51
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding, 52
Vinton, and Wyandot counties, one judge, to be elected in 1956, 53
term to begin January 1, 1957; 54
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway, 56
Preble, Shelby, Van Wert, and Williams counties, one judge, to be 57
elected in 1952, term to begin January 1, 1953; 58
In Harrison and Noble counties, one judge, to be elected in 60
1954, term to begin April 18, 1955; 61
In Henry and Putnam counties, one judge, to be elected in 63
1956, term to begin May 9, 1957; 64
In Huron county, one judge, to be elected in 1952, term to 66
begin May 14, 1953; 67
In Perry county, one judge, to be elected in 1954, term to 69
begin July 6, 1956; 70
In Sandusky county, two judges, one to be elected in 1954, 72
term to begin February 10, 1955, and one to be elected in 1978, 73
term to begin January 1, 1979; 74
(B) In Allen county, three judges, one to be elected in 76
1956, term to begin February 9, 1957, the second to be elected in 77
1958, term to begin January 1, 1959, and the third to be elected 78
in 1992, term to begin January 1, 1993; 79
In Ashtabula county, three judges, one to be elected in 81
1954, term to begin February 9, 1955, one to be elected in 1960, 82
term to begin January 1, 1961, and one to be elected in 1978, 83
term to begin January 2, 1979; 84
In Athens county, two judges, one to be elected in 1954, 86
term to begin February 9, 1955, and one to be elected in 1990, 87
term to begin July 1, 1991; 88
In Erie county, two judges, one to be elected in 1956, term 90
to begin January 1, 1957, and the second to be elected in 1970, 91
term to begin January 2, 1971; 92
In Fairfield county, three judges, one to be elected in 94
3
1954, term to begin February 9, 1955, the second to be elected in 95
1970, term to begin January 1, 1971, and the third to be elected 96
in 1994, term to begin January 2, 1995; 97
In Geauga county, two judges, one to be elected in 1956, 99
term to begin January 1, 1957, and the second to be elected in 100
1976, term to begin January 1, 1977; 101
In Greene county, four judges, one to be elected in 1956, 103
term to begin February 9, 1957, the second to be elected in 1960, 104
term to begin January 1, 1961, the third to be elected in 1978, 105
term to begin January 2, 1979, and the fourth to be elected in 106
1994, term to begin January 1, 1995; 107
In Hancock county, two judges, one to be elected in 1952, 109
term to begin January 1, 1953, and the second to be elected in 110
1978, term to begin January 1, 1979; 111
In Lawrence county, two judges, one to be elected in 1954, 113
term to begin February 9, 1955, and the second to be elected in 114
1976, term to begin January 1, 1977; 115
In Marion county, three judges, one to be elected in 1952, 117
term to begin January 1, 1953, the second to be elected in 1976, 119
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999; 120
In Medina county, three judges, one to be elected in 1956, 122
term to begin January 1, 1957, the second to be elected in 1966, 123
term to begin January 1, 1967, and the third to be elected in 124
1994, term to begin January 1, 1995; 125
In Miami county, two judges, one to be elected in 1954, 127
term to begin February 9, 1955, and one to be elected in 1970, 128
term to begin on January 1, 1971; 129
In Muskingum county, two judges, one to be elected in 1968, 131
term to begin August 9, 1969, and one to be elected in 1978, term 132
to begin January 1, 1979; 133
In Portage county, three judges, one to be elected in 1956, 135
term to begin January 1, 1957, the second to be elected in 1960, 136
term to begin January 1, 1961, and the third to be elected in 137
4
1986, term to begin January 2, 1987; 138
In Ross county, two judges, one to be elected in 1956, term 140
to begin February 9, 1957, and the second to be elected in 1976, 141
term to begin January 1, 1977; 142
In Scioto county, three judges, one to be elected in 1954, 144
term to begin February 10, 1955, the second to be elected in 145
1960, term to begin January 1, 1961, and the third to be elected 146
in 1994, term to begin January 2, 1995; 147
In Seneca county, two judges, one to be elected in 1956, 149
term to begin January 1, 1957, and the second to be elected in 150
1986, term to begin January 2, 1987; 151
In Warren county, three judges, one to be elected in 1954, 153
term to begin February 9, 1955, the second to be elected in 1970, 154
term to begin January 1, 1971, and the third to be elected in 155
1986, term to begin January 1, 1987; 156
In Washington county, two judges, one to be elected in 158
1952, term to begin January 1, 1953, and one to be elected in 159
1986, term to begin January 1, 1987; 160
In Wood county, three judges, one to be elected in 1968, 162
term beginning January 1, 1969, the second to be elected in 1970, 163
term to begin January 2, 1971, and the third to be elected in 164
1990, term to begin January 1, 1991; 165
In Belmont and Jefferson counties, two judges, to be 167
elected in 1954, terms to begin January 1, 1955, and February 9, 168
1955, respectively; 169
In Clark county, four judges, one to be elected in 1952, 171
term to begin January 1, 1953, the second to be elected in 1956, 172
term to begin January 2, 1957, the third to be elected in 1986, 173
term to begin January 3, 1987, and the fourth to be elected in 174
1994, term to begin January 2, 1995. 175
In Clermont county, four judges, one to be elected in 1956, 177
term to begin January 1, 1957, the second to be elected in 1964, 178
term to begin January 1, 1965, the third to be elected in 1982, 179
term to begin January 2, 1983, and the fourth to be elected in 180
5
1986, term to begin January 2, 1987; 181
In Columbiana county, two judges, one to be elected in 183
1952, term to begin January 1, 1953, and the second to be elected 184
in 1956, term to begin January 1, 1957; 185
In Delaware county, two judges, one to be elected in 1990, 187
term to begin February 9, 1991, the second to be elected in 1994, 188
term to begin January 1, 1995; 189
In Lake county, five SIX judges, one to be elected in 1958, 191
term to begin January 1, 1959, the second to be elected in 1960, 192
term to begin January 2, 1961, the third to be elected in 1964, 193
term to begin January 3, 1965, and the fourth and fifth to be 194
elected in 1978, terms to begin on January 4, 1979, and January 195
5, 1979, respectively, AND THE SIXTH TO BE ELECTED IN 2000, TERM 196
TO BEGIN JANUARY 1, 2001; 197
In Licking county, three judges, one to be elected in 1954, 199
term to begin February 9, 1955, one to be elected in 1964, term 200
to begin January 1, 1965, and one to be elected in 1990, term to 201
begin January 1, 1991; 202
In Lorain county, eight judges, two to be elected in 1952, 204
terms to begin January 1, 1953, and January 2, 1953, 205
respectively, one to be elected in 1958, term to begin January 3, 206
1959, one to be elected in 1968, term to begin January 1, 1969, 207
two to be elected in 1988, terms to begin January 4, 1989, and 209
January 5, 1989, respectively, and two to be elected in 1998,
terms to begin January 2, 1999, and January 3, 1999, 210
respectively;
In Butler county, eight judges, one to be elected in 1956, 212
term to begin January 1, 1957; two to be elected in 1954, terms 213
to begin January 1, 1955, and February 9, 1955, respectively; one 214
to be elected in 1968, term to begin January 2, 1969; one to be 215
elected in 1986, term to begin January 3, 1987; two to be elected 216
in 1988, terms to begin January 1, 1989, and January 2, 1989, 217
respectively; and one to be elected in 1992, term to begin 218
January 4, 1993; 219
6
In Richland county, three judges, one to be elected in 221
1956, term to begin January 1, 1957, the second to be elected in 222
1960, term to begin February 9, 1961, and the third to be elected 223
in 1968, term to begin January 2, 1969; 224
In Tuscarawas county, two judges, one to be elected in 226
1956, term to begin January 1, 1957, and the second to be elected 227
in 1960, term to begin January 2, 1961; 228
In Wayne county, two judges, one to be elected in 1956, 230
term beginning January 1, 1957, and one to be elected in 1968, 231
term to begin January 2, 1969; 232
In Trumbull county, six judges, one to be elected in 1952, 234
term to begin January 1, 1953, the second to be elected in 1954, 235
term to begin January 1, 1955, the third to be elected in 1956, 236
term to begin January 1, 1957, the fourth to be elected in 1964, 237
term to begin January 1, 1965, the fifth to be elected in 1976, 238
term to begin January 2, 1977; and the sixth to be elected in 239
1994, term to begin January 3, 1995; 240
(C) In Cuyahoga county, thirty-nine judges; eight to be 242
elected in 1954, terms to begin on successive days beginning from 243
January 1, 1955, to January 7, 1955, and February 9, 1955, 244
respectively; eight to be elected in 1956, terms to begin on 245
successive days beginning from January 1, 1957, to January 8, 246
1957; three to be elected in 1952, terms to begin from January 1, 247
1953, to January 3, 1953; two to be elected in 1960, terms to 248
begin on January 8, 1961, and January 9, 1961, respectively; two 249
to be elected in 1964, terms to begin January 4, 1965, and 250
January 5, 1965, respectively; one to be elected in 1966, term to 251
begin on January 10, 1967; four to be elected in 1968, terms to 252
begin on successive days beginning from January 9, 1969, to 253
January 12, 1969; two to be elected in 1974, terms to begin on 254
January 18, 1975, and January 19, 1975, respectively; five to be 255
elected in 1976, terms to begin on successive days beginning 256
January 6, 1977, to January 10, 1977; two to be elected in 1982, 257
terms to begin January 11, 1983, and January 12, 1983, 258
7
respectively; and two to be elected in 1986, terms to begin 259
January 13, 1987, and January 14, 1987, respectively; 260
In Franklin county, twenty-one judges; two to be elected in 263
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January 264
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 265
begin January 1, 1959, to January 4, 1959; three to be elected in 266
1968, terms to begin January 5, 1969, to January 7, 1969; three 267
to be elected in 1976, terms to begin on successive days 268
beginning January 5, 1977, to January 7, 1977; one to be elected 269
in 1982, term to begin January 8, 1983; one to be elected in 270
1986, term to begin January 9, 1987; two to be elected in 1990, 272
terms to begin July 1, 1991, and July 2, 1991, respectively; and 273
one to be elected in 1996, term to begin January 2, 1997; 274
In Hamilton county, twenty-one judges; eight to be elected 277
in 1966, terms to begin January 1, 1967, January 2, 1967, and 278
from February 9, 1967, to February 14, 1967, respectively; five 279
to be elected in 1956, terms to begin from January 1, 1957, to 280
January 5, 1957; one to be elected in 1964, term to begin January 281
1, 1965; one to be elected in 1974, term to begin January 15, 282
1975; one to be elected in 1980, term to begin January 16, 1981; 283
two to be elected at large in the general election in 1982, terms 284
to begin April 1, 1983; one to be elected in 1990, term to begin 285
July 1, 1991; and two to be elected in 1996, terms to begin 286
January 3, 1997, and January 4, 1997, respectively; 287
In Lucas county, fourteen judges; two to be elected in 289
1954, terms to begin January 1, 1955, and February 9, 1955, 290
respectively; two to be elected in 1956, terms to begin January 291
1, 1957, and October 29, 1957, respectively; two to be elected in 292
1952, terms to begin January 1, 1953, and January 2, 1953, 293
respectively; one to be elected in 1964, term to begin January 3, 294
1965; one to be elected in 1968, term to begin January 4, 1969; 295
two to be elected in 1976, terms to begin January 4, 1977, and 296
January 5, 1977, respectively; one to be elected in 1982, term to 297
8
begin January 6, 1983; one to be elected in 1988, term to begin 298
January 7, 1989; one to be elected in 1990, term to begin January 299
2, 1991; and one to be elected in 1992, term to begin January 2, 300
1993; 301
In Mahoning county, seven judges; three to be elected in 303
1954, terms to begin January 1, 1955, January 2, 1955, and 304
February 9, 1955, respectively; one to be elected in 1956, term 305
to begin January 1, 1957; one to be elected in 1952, term to 306
begin January 1, 1953; one to be elected in 1968, term to begin 307
January 2, 1969; and one to be elected in 1990, term to begin 308
July 1, 1991; 309
In Montgomery county, fifteen judges; three to be elected 311
in 1954, terms to begin January 1, 1955, January 2, 1955, and 312
January 3, 1955, respectively; four to be elected in 1952, terms 313
to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2, 314
1953, respectively; one to be elected in 1964, term to begin 315
January 3, 1965; one to be elected in 1968, term to begin January 316
3, 1969; three to be elected in 1976, terms to begin on 317
successive days beginning January 4, 1977, to January 6, 1977; 318
two to be elected in 1990, terms to begin July 1, 1991, and July 319
2, 1991, respectively; and one to be elected in 1992, term to 320
begin January 1, 1993. 321
In Stark county, eight judges; one to be elected in 1958, 323
term to begin on January 2, 1959; two to be elected in 1954, 324
terms to begin on January 1, 1955, and February 9, 1955, 325
respectively; two to be elected in 1952, terms to begin January 326
1, 1953, and April 16, 1953, respectively; one to be elected in 327
1966, term to begin on January 4, 1967; and two to be elected in 328
1992, terms to begin January 1, 1993, and January 2, 1993, 329
respectively; 330
In Summit county, eleven judges; four to be elected in 332
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 333
1955, and February 9, 1955, respectively; three to be elected in 334
1958, terms to begin January 1, 1959, January 2, 1959, and May 335
9
17, 1959, respectively; one to be elected in 1966, term to begin 336
January 4, 1967; one to be elected in 1968, term to begin January 337
5, 1969; one to be elected in 1990, term to begin May 1, 1991; 338
and one to be elected in 1992, term to begin January 6, 1993. 339
Notwithstanding the foregoing provisions, in any county 341
having two or more judges of the court of common pleas, in which 342
more than one-third of the judges plus one were previously 343
elected at the same election, if the office of one of those 344
judges so elected becomes vacant more than forty days prior to 345
the second general election preceding the expiration of that 346
judge's term, the office that that judge had filled shall be 347
abolished as of the date of the next general election, and a new 348
office of judge of the court of common pleas shall be created. 349
The judge who is to fill that new office shall be elected for a 350
six-year term at the next general election, and the term of that 352
judge shall commence on the first day of the year following that 353
general election, on which day no other judge's term begins, so 354
that the number of judges which such THAT THE county shall elect 355
shall not be reduced. 357
Judges of the probate division of the court of common pleas 359
are judges of the court of common pleas, but shall be elected 360
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 361
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and 362
Wyandot counties in which the judge of the court of common pleas 363
elected pursuant to this section shall also SHALL serve as judge 364
of the probate division. 366
Sec. 2301.51. (A)(1) The court of common pleas of any 375
county that has a population of two hundred thousand or more may 376
formulate a community-based correctional proposal that, upon 377
implementation, would provide a community-based correctional 378
facility and program for the use of that court in accordance with 379
sections 2301.51 to 2301.56 of the Revised Code. Upon the 380
approval of the director of rehabilitation and correction, the 381
court of common pleas of any county that has a population of two 382
10
hundred thousand or more may formulate more than one 383
community-based correctional proposal. In determining whether to 384
grant approval to a court to formulate more than one proposal, 386
the director shall consider the rate at which the county served 387
by the court commits felony offenders to the state correctional 388
system. If a court formulates more than one proposal, each 389
proposal shall be for a separate community-based correctional 390
facility and program.
For each community-based correctional proposal formulated 392
under this division, the fact that the proposal has been 393
formulated and the fact of any subsequent establishment of a 394
community-based correctional facility and program pursuant to the 395
proposal shall be entered upon the journal of the court. A 396
county's community-based correctional facilities and programs 397
shall be administered by a judicial corrections board. The 398
presiding judge of the court OR, IF THE PRESIDING JUDGE IS NOT A 399
JUDGE OF THE GENERAL DIVISION OF THE COURT, THE ADMINISTRATIVE 400
JUDGE OF THE GENERAL DIVISION shall designate the members of the 401
board, who shall be judges of the court. The total number of 402
members of the board shall not exceed eleven. The presiding 403
judge of the court WHO IS AUTHORIZED TO DESIGNATE THE MEMBERS OF 404
THE BOARD shall serve as chairman CHAIRPERSON of the board. 406
(2) The courts of common pleas of two or more adjoining or 408
neighboring counties that have an aggregate population of two 409
hundred thousand or more may form a judicial corrections board 410
and proceed to organize a district and formulate a district 411
community-based correctional proposal that, upon implementation, 412
would provide a district community-based correctional facility 413
and program for the use of the member courts in accordance with 414
sections 2301.51 to 2301.56 of the Revised Code. Upon the 415
approval of the director of rehabilitation and correction, a 416
judicial corrections board may formulate more than one district 417
community-based correctional proposal. In determining whether to 418
grant approval to a judicial corrections board to formulate more 420
11
than one proposal, the director shall consider the rate at which 421
the counties that formed the board commit felony offenders to the 422
state correctional system. If a judicial corrections board 423
formulates more than one proposal, each proposal shall be for a 424
separate district community-based correctional facility and 425
program. The judicial corrections board shall consist of not 426
more than eleven judges of the member courts of common pleas, and 427
each member court shall be represented on the board by at least 428
one judge. The presiding judge of the court of common pleas of 429
the county with the greatest population OR, IF THAT PRESIDING 430
JUDGE IS NOT A JUDGE OF THE GENERAL DIVISION OF THAT COURT, THE 431
ADMINISTRATIVE JUDGE OF THE GENERAL DIVISION OF THAT COURT shall 432
serve as chairperson of the board. The fact of the formation of 434
a board and district, and, for each district community-based 435
correctional proposal formulated under this division, the fact 436
that the proposal has been formulated and the fact of any 437
subsequent establishment of a district community-based 438
correctional facility and program shall be entered upon the 439
journal of each member court of common pleas.
(B)(1) Each proposal for the establishment of a 441
community-based correctional facility and program or district 442
community-based correctional facility and program that is 443
formulated pursuant to division (A) of this section shall be 444
submitted by the judicial corrections board to the division of 445
parole and community services for its approval under section 446
5120.10 of the Revised Code.
(2) No person shall be sentenced to or placed in a 449
community-based correctional facility and program or to a 450
district community-based correctional facility and program by a 452
court pursuant to section 2929.16 or 2929.17 of the Revised Code 454
or by the parole board pursuant to section 2967.28 of the Revised 455
Code, or otherwise committed or admitted to a facility and 457
program of that type until after the proposal for the 459
establishment of the facility and program has been approved by 460
12
the division of parole and community services under section 461
5120.10 of the Revised Code. A person shall be sentenced to a 464
facility and program of that type only pursuant to a sanction 466
imposed by a court pursuant to section 2929.16 or 2929.17 of the 468
Revised Code as the sentence or as any part of the sentence of 469
the person or otherwise shall be committed or referred to a 471
facility and program of that type only when authorized by law. 474
(C) Upon the approval by the division of parole and 476
community services of a proposal for the establishment of a 478
community-based correctional facility and program or district 479
community-based correctional facility and program submitted to it 480
under division (B) of this section, the judicial corrections 481
board that submitted the proposal may establish and operate the 482
facility and program addressed by the proposal in accordance with 483
the approved proposal and division (B)(2) of this section. The 484
judicial corrections board may submit a request for funding of 486
some or all of its community-based correctional facilities and 487
programs or district community-based correctional facilities and 488
programs to the board of county commissioners of the county, if 489
the judicial corrections board serves a community-based 490
correctional facility and program, or to the boards of county 491
commissioners of all of the member counties, if the judicial 492
corrections board serves a district community-based correctional 493
facility and program. The board or boards may appropriate, but 494
are not required to appropriate, a sum of money for funding all 495
aspects of each facility and program as outlined in sections 496
2301.51 to 2301.56 of the Revised Code. The judicial corrections 497
board has no recourse against a board or boards of county 498
commissioners, either under Chapter 2731. of the Revised Code, 499
under its contempt power, or under any other authority, if the 500
board or boards of county commissioners do not appropriate money 501
for funding any facility or program or if they appropriate money 502
for funding a facility and program in an amount less than the 503
total amount of the submitted request for funding. 504
13
(D)(1) If a court of common pleas that is being served by 506
any community-based correctional facility and program established 507
pursuant to division (C) of this section determines that it no 508
longer wants to be served by the facility and program, the court 509
may dissolve the facility and program by entering upon the 510
journal of the court the fact of the determination to dissolve 511
the facility and program and by notifying, in writing, the 512
division of parole and community services of the determination to 514
dissolve the facility and program. If the court is served by 515
more than one community-based correctional facility and program, 516
it may dissolve some or all of the facilities and programs and, 517
if it does not dissolve all of the facilities and programs, it 518
shall continue the operation of the remaining facilities and 519
programs.
(2) If all of the courts of common pleas being served by 521
any district community-based correctional facility and program 522
established pursuant to division (C) of this section determine 523
that they no longer want to be served by the facility and 524
program, the courts may dissolve the facility and program by 525
entering upon the journal of each court the fact of the 526
determination to dissolve the facility and program and by the 527
presiding judge of the court of common pleas of the county with 528
the greatest population WHO SERVES AS CHAIRPERSON OF THE JUDICIAL 529
CORRECTIONS BOARD notifying, in writing, the division of parole 531
and community services of the determination to dissolve the 532
facility and program. If the courts are served by more than one 533
community-based correctional facility and program, they may 534
dissolve some or all of the facilities and programs and, if they 535
do not dissolve all of the facilities and programs, they shall 536
continue the operation of the remaining facilities and programs. 537
(3) If at least one, but not all, of the courts of common 539
pleas being served by one or more district community-based 540
correctional facilities and programs established pursuant to 541
division (C) of this section determines that it no longer wants 542
14
to be served by the facilities and programs, the court may 543
terminate its involvement with each of the facilities and 544
programs by entering upon the journal of the court the fact of 545
the determination to terminate its involvement with the 546
facilities and programs and by the court notifying, in writing, 547
the division of parole and community services of the 548
determination to terminate its involvement with the facilities 550
and programs.
If at least one, but not all, of the courts of common pleas 552
being served by one or more district community-based correctional 553
facilities and programs terminates its involvement with each of 554
the facilities and programs in accordance with this division, the 555
other courts of common pleas being served by the facilities and 556
programs may continue to be served by each of the facilities and 557
programs if the other counties are adjoining or neighboring 558
counties and have an aggregate population of two hundred thousand 559
or more.
(E) Nothing in this section, sections 2301.52 to 2301.56, 561
or section 5120.10, 5120.111, or 5120.122 of the Revised Code 563
modifies or affects or shall be interpreted as modifying or 564
affecting sections 5149.30 to 5149.37 of the Revised Code. 565
Section 2. That existing sections 2301.02 and 2301.51 of 567
the Revised Code are hereby repealed. 568