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