As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 111  5            

      1997-1998                                                    6            


                       SENATOR B. JOHNSON                          8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 9.83, 109.42, 2301.51, 2301.52,     12           

                2301.55, 2305.24, 2305.25, 2305.251, 2901.07,      13           

                2903.13, 2921.36, 2929.01, 2929.13, 2929.23,                    

                2930.16, 2941.39, 2950.01, 2963.35, 2967.01,       14           

                2967.131, 2967.14, 2967.15, 2967.191, 2967.22,     16           

                2967.26, 2967.27, 2967.28, 3313.65, 5120.031,                   

                5120.05, 5120.06, 5120.102, 5120.103, 5120.104,    17           

                5120.105, 5120.16, 5120.331, 5120.38, 5122.10,     18           

                5145.16, 5149.05, 5149.09, 5149.30, 5149.31,       19           

                5149.32, 5149.33, 5149.34, 5149.35, 5149.36, and   21           

                5149.37, to enact sections 2967.141, 5120.163,                  

                5120.172, 5120.211, 5120.381, 5120.382, 5120.56,   24           

                5120.99, 5122.32, 5122.99, and 5145.24 and to                   

                repeal sections 2967.23, 5120.07, 5120.071,        25           

                5120.072, 5120.073, and 5120.074 of the Revised    26           

                Code and to repeal Sections 3, 4, and 5 of Am.     27           

                Sub. H.B. 725 of the 119th General Assembly                     

                relative to the law governing the Department of    28           

                Rehabilitation and Correction, certain                          

                corrections-related matters, and quality           29           

                assurance records of the Department of             30           

                Rehabilitation and Correction and the Department                

                of Mental Health.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 9.83, 109.42, 2301.51, 2301.52,    34           

2301.55, 2305.24, 2305.25, 2305.251, 2901.07, 2903.13, 2921.36,    35           

                                                          2      

                                                                 
2929.01, 2929.13, 2929.23, 2930.16, 2941.39, 2950.01, 2963.35,     36           

2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 2967.26,   38           

2967.27, 2967.28, 3313.65, 5120.031, 5120.05, 5120.06, 5120.102,   39           

5120.103, 5120.104, 5120.105, 5120.16, 5120.331, 5120.38,          41           

5122.10, 5145.16, 5149.05, 5149.09, 5149.30, 5149.31, 5149.32,     42           

5149.33, 5149.34, 5149.35, 5149.36, and 5149.37 be amended and     44           

sections 2967.141, 5120.163, 5120.172, 5120.211, 5120.381,         46           

5120.382, 5120.56, 5120.99, 5122.32, 5122.99, and 5145.24 of the   47           

Revised Code be enacted to read as follows:                        48           

      Sec. 9.83.  (A)  The state and any political subdivision     57           

may procure a policy or policies of insurance insuring its         58           

officers and employees against liability for injury, death, or     59           

loss to person or property that arises out of the operation of an  60           

automobile, truck, motor vehicle with auxiliary equipment,         61           

self-propelling equipment or trailer, aircraft, or watercraft by   62           

the officers or employees while engaged in the course of their     63           

employment or official responsibilities for the state or the       64           

political subdivision.  The state is authorized to expend funds    65           

to pay judgments that are rendered in any court against its        66           

officers or employees and that result from such operation, and is  67           

authorized to expend funds to compromise claims for liability      68           

against its officers or employees that result from such            69           

operation.  No insurer shall deny coverage under such a policy,    70           

and the state shall not refuse to pay judgments or compromise      71           

claims, on the ground that an automobile, truck, motor vehicle     72           

with auxiliary equipment, self-propelling equipment or trailer,    73           

aircraft, or watercraft was not being used in the course of an     74           

officer's or employee's employment or official responsibilities    75           

for the state or a political subdivision unless the officer or     76           

employee who was operating an automobile, truck, motor vehicle     77           

with auxiliary equipment, or self-propelling equipment or trailer  78           

is convicted of a violation of section 124.71 of the Revised Code  79           

as a result of the same events.                                    80           

      (B)  Such funds shall be reserved as are necessary, in the   82           

                                                          3      

                                                                 
exercise of sound and prudent actuarial judgment, to cover         83           

potential expense, fees, damage, loss, or other liability.  The    84           

superintendent of insurance may recommend or, if the state         85           

requests of the superintendent, shall recommend, a specific        86           

amount for any period of time that, in his THE SUPERINTENDENT'S    87           

opinion, represents such a judgment.                               89           

      (C)  Nothing in this section shall be construed to require   91           

the department of administrative services to purchase liability    92           

insurance for all state vehicles in a single policy of insurance   93           

or to cover all state vehicles under a single plan of              94           

self-insurance.                                                    95           

      (D)  Insurance procured by the state pursuant to this        97           

section shall be procured as provided in section 125.03 of the     98           

Revised Code.                                                      99           

      (E)  FOR PURPOSES OF LIABILITY INSURANCE PROCURED UNDER      101          

THIS SECTION TO COVER THE OPERATION OF A MOTOR VEHICLE BY A        102          

PRISONER FOR WHOM THE INSURANCE IS PROCURED, "EMPLOYEE" INCLUDES   103          

A PRISONER IN THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND  105          

CORRECTION WHO IS ENROLLED IN A WORK PROGRAM THAT IS ESTABLISHED   106          

BY THE DEPARTMENT PURSUANT TO SECTION 5145.16 OF THE REVISED CODE               

AND IN WHICH THE PRISONER IS REQUIRED TO OPERATE A MOTOR VEHICLE,  107          

AS DEFINED IN SECTION 4509.01 OF THE REVISED CODE, AND WHO IS      108          

ENGAGED IN THE OPERATION OF A MOTOR VEHICLE IN THE COURSE OF THE   109          

WORK PROGRAM.                                                                   

      Sec. 109.42.  (A)  The attorney general shall prepare and    118          

have printed a pamphlet that contains a compilation of all         119          

statutes relative to victim's rights in which the attorney         120          

general lists and explains the statutes in the form of a victim's  122          

bill of rights.  The attorney general shall distribute the         123          

pamphlet to all sheriffs, marshals, municipal corporation and      125          

township police departments, constables, and other law             126          

enforcement agencies, to all prosecuting attorneys, city           127          

directors of law, village solicitors, and other similar chief      128          

legal officers of municipal corporations, and to organizations     129          

                                                          4      

                                                                 
that represent or provide services for victims of crime.  The      130          

victim's bill of rights set forth in the pamphlet shall contain a  131          

description of all of the rights of victims that are provided for  132          

in Chapter 2930. or in any other section of the Revised Code and   133          

shall include, but not be limited to, all of the following:        134          

      (1)  The right of a victim or a victim's representative to   137          

attend a proceeding before a grand jury, in a juvenile case, or    138          

in a criminal case pursuant to a subpoena without being            139          

discharged from the victim's or representative's employment,       140          

having the victim's or representative's employment terminated,     141          

having the victim's or representative's pay decreased or           142          

withheld, or otherwise being punished, penalized, or threatened    143          

as a result of time lost from regular employment because of the    144          

victim's or representative's attendance at the proceeding          146          

pursuant to the subpoena, as set forth in section 2151.211,        147          

2930.18, 2939.121, or 2945.451 of the Revised Code;                             

      (2)  The potential availability pursuant to section          149          

2151.411 of the Revised Code of a forfeited recognizance to pay    150          

damages caused by a child when the delinquency of the child or     151          

child's violation of probation is found to be proximately caused   152          

by the failure of the child's parent or guardian to subject the    153          

child to reasonable parental authority or to faithfully discharge  154          

the conditions of probation;                                       155          

      (3)  The availability of awards of reparations pursuant to   157          

sections 2743.51 to 2743.72 of the Revised Code for injuries       158          

caused by criminal offenses;                                       159          

      (4)  The right of the victim in certain criminal cases or a  161          

victim's representative to receive, pursuant to section 2930.06    162          

of the Revised Code, notice of the date, time, and place of the    163          

trial in the case or, if there will not be a trial, information    164          

from the prosecutor, as defined in section 2930.01 of the Revised  165          

Code, regarding the disposition of the case;                                    

      (5)  The right of the victim in certain criminal cases or a  167          

victim's representative to receive, pursuant to section 2930.04,   168          

                                                          5      

                                                                 
2930.05, or 2930.06 of the Revised Code, notice of the name of     169          

the person charged with the violation, the case or docket number   170          

assigned to the charge, and a telephone number or numbers that     171          

can be called to obtain information about the disposition of the   172          

case;                                                                           

      (6)  The right of the victim in certain criminal cases or    174          

of the victim's representative pursuant to section 2930.13 or      176          

2930.14 of the Revised Code, subject to any reasonable terms set   177          

by the court as authorized under section 2930.14 of the Revised    178          

Code, to make a statement about the victimization and, if          180          

applicable, a statement relative to the sentencing of the          181          

offender;                                                          182          

      (7)  The opportunity to obtain a court order, pursuant to    184          

section 2945.04 of the Revised Code, to prevent or stop the        185          

commission of the offense of intimidation of a crime victim or     186          

witness or an offense against the person or property of the        187          

complainant, or of the complainant's ward or child;                188          

      (8)  The right of the victim in certain criminal cases or a  190          

victim's representative pursuant to sections 2929.20, 2930.10,     191          

2930.16, and 2930.17 of the Revised Code to receive notice of a    192          

pending motion for judicial release of the person who committed    194          

the offense against the victim and to make an oral or written                   

statement at the court hearing on the motion;                      195          

      (9)  The right of the victim in certain criminal cases or a  197          

victim's representative, pursuant to section 2930.16, 2967.12,     199          

2967.26, or 2967.27 of the Revised Code, to receive notice of any  200          

pending commutation, pardon, parole, or furlough TRANSITIONAL      201          

CONTROL, OTHER FORM OF AUTHORIZED RELEASE, OR POST-RELEASE         202          

CONTROL for the person who committed the offense against the       203          

victim or any application for release of that person and to send   205          

a written statement relative to the victimization and the pending  206          

action to the adult parole authority;                              207          

      (10)  The right of the victim to bring a civil action        209          

pursuant to sections 2969.01 to 2969.06 of the Revised Code to     210          

                                                          6      

                                                                 
obtain money from the offender's profit fund;                      211          

      (11)  The right, pursuant to section 3109.09 of the Revised  214          

Code, to maintain a civil action to recover compensatory damages                

not exceeding ten thousand dollars and costs from the parent of a  216          

minor who willfully damages property through the commission of an  217          

act that would be a theft offense, as defined in section 2913.01   218          

of the Revised Code, if committed by an adult;                                  

      (12)  The right, pursuant to section 3109.10 of the Revised  220          

Code, to maintain a civil action to recover compensatory damages   221          

not exceeding ten thousand dollars and costs from the parent of a  222          

minor who willfully and maliciously assaults a person;             223          

      (13)  The possibility of receiving restitution from an       225          

offender or a delinquent child pursuant to section 2151.355,       226          

2929.18, or 2929.21 of the Revised Code;                           227          

      (14)  The right of the victim in certain criminal cases or   230          

a victim's representative, pursuant to section 2930.16 of the                   

Revised Code, to receive notice of the escape from confinement or  232          

custody of the person who committed the offense, to receive that   233          

notice from the custodial agency of the person at the victim's     234          

last address or telephone number provided to the custodial         235          

agency, and to receive notice that, if either the victim's         236          

address or telephone number changes, it is in the victim's         237          

interest to provide the new address or telephone number to the     238          

custodial agency.                                                  239          

      (15)  The right of a victim of domestic violence to seek     241          

the issuance of a temporary protection order pursuant to section   243          

2919.26 of the Revised Code, to seek the issuance of a civil       244          

protection order pursuant to section 3113.31 of the Revised Code,  245          

and to be accompanied by a victim advocate during court                         

proceedings.                                                       246          

      (16)  The right of a victim of a sexually oriented offense   249          

that is committed by a person who is adjudicated as being a        250          

sexual predator or, in certain cases, by a person who is           251          

determined to be a habitual sex offender to receive, pursuant to   252          

                                                          7      

                                                                 
section 2950.10 of the Revised Code, notice that the offender has  254          

registered with a sheriff under section 2950.04 or 2950.05 of the  255          

Revised Code and notice of the offender's name and residence       256          

address or addresses, and a summary of the manner in which the     257          

victim must make a request to receive the notice.  As used in      258          

this division, "sexually oriented offense," "adjudicated as being  259          

a sexual predator," and "habitual sex offender" have the same      260          

meanings as in section 2950.01 of the Revised Code.                261          

      (17)  The right of a victim of certain sexually violent      263          

offenses committed by a sexually violent predator who is           264          

sentenced to a prison term pursuant to division (A)(3) of section  266          

2971.03 of the Revised Code to receive, pursuant to section        267          

2930.16 of the Revised Code, notice of a hearing to determine      268          

whether to modify the requirement that the offender serve the      269          

entire prison term in a state correctional facility, whether to    270          

continue, revise, or revoke any existing modification of that      271          

requirement, or whether to terminate the prison term.  As used in  272          

this division, "sexually violent offense" and "sexually violent    273          

predator" have the same meanings as in section 2971.01 of the      274          

Revised Code.                                                                   

      (B)(1)(a)  Subject to division (B)(1)(c) of this section, a  276          

prosecuting attorney, assistant prosecuting attorney, city         278          

director of law, assistant director of law, village solicitor,     279          

assistant village solicitor, or similar chief legal officer of a   280          

municipal corporation or an assistant of any such officer who      281          

prosecutes an offense committed in this state, upon first contact  282          

with the victim of the offense, the victim's family, or the        283          

victim's dependents, shall give the victim, the victim's family,   284          

or the victim's dependents a copy of the pamphlet prepared         285          

pursuant to division (A) of this section and explain, upon         286          

request, the information in the pamphlet to the victim, the        287          

victim's family, or the victim's dependents.                                    

      (b)  Subject to division (B)(1)(c) of this section, a law    289          

enforcement agency that investigates an offense committed in this  292          

                                                          8      

                                                                 
state shall give the victim of the offense, the victim's family,   293          

or the victim's dependents a copy of the pamphlet prepared         295          

pursuant to division (A) of this section at one of the following   296          

times:                                                                          

      (i)  Upon first contact with the victim, the victim's        298          

family, or the victim's dependents;                                299          

      (ii)  If the offense is an offense of violence, if the       301          

circumstances of the offense and the condition of the victim, the  303          

victim's family or the victim's dependents indicate that the                    

victim, the victim's family, or the victim's dependents will not   304          

be able to understand the significance of the pamphlet upon first  306          

contact with the agency, and if the agency anticipates that it     307          

will have an additional contact with the victim, the victim's      308          

family, or the victim's dependents, upon the agency's second       309          

contact with the victim, the victim's family, or the victim's      310          

dependents.                                                                     

      If the agency does not give the victim, the victim's         312          

family, or the victim's dependents a copy of the pamphlet upon     313          

first contact with them and does not have a second contact with    314          

the victim, the victim's family, or the victim's dependents, the   316          

agency shall mail a copy of the pamphlet to the victim, the        317          

victim's family, or the victim's dependents at their last known    318          

address.                                                           319          

      (c)  In complying on and after December 9, 1994, with the    321          

duties imposed by division (B)(1)(a) or (b) of this section, an    323          

official or a law enforcement agency shall use copies of the       324          

pamphlet that are in the official's or agency's possession on      325          

December 9, 1994, until the official or agency has distributed     327          

all of those copies.  After the official or agency has             328          

distributed all of those copies, the official or agency shall use  329          

only copies of the pamphlet that contain at least the information  330          

described in division (A)(1) to (15) of this section.              331          

      (2)  The failure of a law enforcement agency or of a         333          

prosecuting attorney, assistant prosecuting attorney, director of  334          

                                                          9      

                                                                 
law, assistant director of law, village solicitor, assistant       335          

village solicitor, or similar chief legal officer of a municipal   336          

corporation or an assistant to any such officer to give, as        337          

required by division (B)(1) of this section, the victim of an      339          

offense, the victim's family, or the victim's dependents a copy    340          

of the pamphlet prepared pursuant to division (A) of this section  341          

does not give the victim, the victim's family, the victim's        342          

dependents, or a victim's representative any rights under section  344          

122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,  345          

3109.09, or 3109.10 of the Revised Code or under any other         346          

provision of the Revised Code and does not affect any right under  347          

those sections.                                                    348          

      (3)  A law enforcement agency, a prosecuting attorney or     350          

assistant prosecuting attorney, or a director of law, assistant    351          

director of law, village solicitor, assistant village solicitor,   352          

or similar chief legal officer of a municipal corporation that     353          

distributes a copy of the pamphlet prepared pursuant to division   354          

(A) of this section shall not be required to distribute a copy of  355          

an information card or other printed material provided by the      356          

clerk of the court of claims pursuant to section 2743.71 of the    357          

Revised Code.                                                                   

      (C)  The cost of printing and distributing the pamphlet      359          

prepared pursuant to division (A) of this section shall be paid    360          

out of the reparations fund, created pursuant to section 2743.191  361          

of the Revised Code, in accordance with division (D) of that       362          

section.                                                           363          

      (D)  As used in this section:                                365          

      (1)  "Victim's representative" has the same meaning as in    367          

section 2930.01 of the Revised Code;                               368          

      (2)  "Victim advocate" has the same meaning as in section    371          

2919.26 of the Revised Code.                                                    

      Sec. 2301.51.  (A)(1)  The court of common pleas of any      380          

county that has a population of two hundred thousand or more may   381          

formulate a community-based correctional proposal that, upon       382          

                                                          10     

                                                                 
implementation, would provide a community-based correctional       383          

facility and program for the use of that court in accordance with  384          

sections 2301.51 to 2301.56 of the Revised Code.  Upon the         385          

approval of the director of rehabilitation and correction, the     386          

court of common pleas of any county that has a population of two   387          

hundred thousand or more may formulate more than one               388          

community-based correctional proposal.  In determining whether to  389          

grant approval to a court to formulate more than one proposal,     391          

the director shall consider the rate at which the county served    392          

by the court commits felony offenders to the state correctional    393          

system.  If a court formulates more than one proposal, each        394          

proposal shall be for a separate community-based correctional      395          

facility and program.                                                           

      For each community-based correctional proposal formulated    397          

under this division, the fact that the proposal has been           398          

formulated and the fact of any subsequent establishment of a       399          

community-based correctional facility and program pursuant to the  400          

proposal shall be entered upon the journal of the court.  A        401          

county's community-based correctional facilities and programs      402          

shall be administered by a judicial corrections board.  The        403          

presiding judge of the court shall designate the members of the    404          

board, who shall be judges of the court.  The total number of      405          

members of the board shall not exceed eleven.  The presiding       406          

judge of the court shall serve as chairman of the board.           407          

      (2)  The courts of common pleas of two or more adjoining or  409          

neighboring counties that have an aggregate population of two      410          

hundred thousand or more may form a judicial corrections board     411          

and proceed to organize a district and formulate a district        412          

community-based correctional proposal that, upon implementation,   413          

would provide a district community-based correctional facility     414          

and program for the use of the member courts in accordance with    415          

sections 2301.51 to 2301.56 of the Revised Code.  Upon the         416          

approval of the director of rehabilitation and correction, a       417          

judicial corrections board may formulate more than one district    418          

                                                          11     

                                                                 
community-based correctional proposal.  In determining whether to  419          

grant approval to a judicial corrections board to formulate more   421          

than one proposal, the director shall consider the rate at which   422          

the counties that formed the board commit felony offenders to the  423          

state correctional system.  If a judicial corrections board        424          

formulates more than one proposal, each proposal shall be for a    425          

separate district community-based correctional facility and        426          

program.  The judicial corrections board shall consist of not      427          

more than eleven judges of the member courts of common pleas, and  428          

each member court shall be represented on the board by at least    429          

one judge.  The presiding judge of the court of common pleas of    430          

the county with the greatest population shall serve as chairman    431          

CHAIRPERSON of the board.  The fact of the formation of a board    433          

and district, and, for each district community-based correctional  434          

proposal formulated under this division, the fact that the         435          

proposal has been formulated and the fact of any subsequent        436          

establishment of a district community-based correctional facility  437          

and program shall be entered upon the journal of each member       438          

court of common pleas.                                                          

      (B)(1)  Each proposal for the establishment of a             440          

community-based correctional facility and program or district      441          

community-based correctional facility and program that is          442          

formulated pursuant to division (A) of this section shall be       443          

submitted by the judicial corrections board to the division of     444          

parole and community services for its approval under section       445          

5120.10 of the Revised Code.                                                    

      (2)  No person shall be sentenced to or placed in a          448          

community-based correctional facility and program or to a          449          

district community-based correctional facility and program by a    451          

court pursuant to section 2929.16 or 2929.17 of the Revised Code,  453          

OR by the parole board pursuant to section 2967.28 of the Revised  454          

Code, or by the department of rehabilitation and correction        455          

pursuant to section 2967.23 of the Revised Code, or otherwise      456          

committed or admitted to a facility and program of that type       458          

                                                          12     

                                                                 
until after the proposal for the establishment of the facility     459          

and program has been approved by the division of parole and        461          

community services under section 5120.10 of the Revised Code.  A   463          

person shall be released by the department of rehabilitation and   466          

correction to a facility and program of that type only in          468          

accordance with section 2967.23 of the Revised Code, sentenced to  471          

a facility and program of that type only pursuant to a sanction    473          

imposed by a court pursuant to section 2929.16 or 2929.17 of the   475          

Revised Code as the sentence or as any part of the sentence of     476          

the person, or otherwise SHALL BE committed or referred to a       478          

facility and program of that type only when authorized by law.     481          

      (C)  Upon the approval by the division of parole and         483          

community services of a proposal for the establishment of a        485          

community-based correctional facility and program or district      486          

community-based correctional facility and program submitted to it  487          

under division (B) of this section, the judicial corrections       488          

board that submitted the proposal may establish and operate the    489          

facility and program addressed by the proposal in accordance with  490          

the approved proposal, AND division (B)(2) of this section, and    491          

section 2967.23 of the Revised Code.  The judicial corrections     493          

board may submit a request for funding of some or all of its       494          

community-based correctional facilities and programs or district   495          

community-based correctional facilities and programs to the board  496          

of county commissioners of the county, if the judicial                          

corrections board serves a community-based correctional facility   497          

and program, or to the boards of county commissioners of all of    498          

the member counties, if the judicial corrections board serves a    499          

district community-based correctional facility and program.  The   500          

board or boards may appropriate, but are not required to           501          

appropriate, a sum of money for funding all aspects of each        502          

facility and program as outlined in sections 2301.51 to 2301.56    503          

of the Revised Code.  The judicial corrections board has no        504          

recourse against a board or boards of county commissioners,        505          

either under Chapter 2731. of the Revised Code, under its          506          

                                                          13     

                                                                 
contempt power, or under any other authority, if the board or      507          

boards of county commissioners do not appropriate money for        508          

funding any facility or program or if they appropriate money for   509          

funding a facility and program in an amount less than the total    510          

amount of the submitted request for funding.                       511          

      (D)(1)  If a court of common pleas that is being served by   513          

any community-based correctional facility and program established  514          

pursuant to division (C) of this section determines that it no     515          

longer wants to be served by the facility and program, the court   516          

may dissolve the facility and program by entering upon the         517          

journal of the court the fact of the determination to dissolve     518          

the facility and program and by notifying, in writing, the         519          

division of parole and community services of the determination to  521          

dissolve the facility and program.  If the court is served by      522          

more than one community-based correctional facility and program,   523          

it may dissolve some or all of the facilities and programs and,    524          

if it does not dissolve all of the facilities and programs, it     525          

shall continue the operation of the remaining facilities and       526          

programs.                                                                       

      (2)  If all of the courts of common pleas being served by    528          

any district community-based correctional facility and program     529          

established pursuant to division (C) of this section determine     530          

that they no longer want to be served by the facility and          531          

program, the courts may dissolve the facility and program by       532          

entering upon the journal of each court the fact of the            533          

determination to dissolve the facility and program and by the      534          

presiding judge of the court of common pleas of the county with    535          

the greatest population notifying, in writing, the division of     537          

parole and community services of the determination to dissolve     538          

the facility and program.  If the courts are served by more than   539          

one community-based correctional facility and program, they may    540          

dissolve some or all of the facilities and programs and, if they   541          

do not dissolve all of the facilities and programs, they shall     542          

continue the operation of the remaining facilities and programs.   543          

                                                          14     

                                                                 
      (3)  If at least one, but not all, of the courts of common   545          

pleas being served by one or more district community-based         546          

correctional facilities and programs established pursuant to       547          

division (C) of this section determines that it no longer wants    548          

to be served by the facilities and programs, the court may         549          

terminate its involvement with each of the facilities and          550          

programs by entering upon the journal of the court the fact of     551          

the determination to terminate its involvement with the            552          

facilities and programs and by the court notifying, in writing,    553          

the division of parole and community services of the               554          

determination to terminate its involvement with the facilities     556          

and programs.                                                                   

      If at least one, but not all, of the courts of common pleas  558          

being served by one or more district community-based correctional  559          

facilities and programs terminates its involvement with each of    560          

the facilities and programs in accordance with this division, the  561          

other courts of common pleas being served by the facilities and    562          

programs may continue to be served by each of the facilities and   563          

programs if the other counties are adjoining or neighboring        564          

counties and have an aggregate population of two hundred thousand  565          

or more.                                                                        

      (E)  Nothing in this section, sections 2301.52 to 2301.56,   567          

or section 2967.23, 5120.10, 5120.111, or 5120.122 of the Revised  569          

Code modifies or affects or shall be interpreted as modifying or   570          

affecting sections 5149.30 to 5149.37 of the Revised Code.         571          

      Sec. 2301.52.  Each proposal for a community-based           580          

correctional facility and program or a district community-based    581          

correctional facility and program shall provide for or contain at  582          

least the following:                                               583          

      (A)  The designation of a physical facility that will be     585          

used for the confinement of persons released to the facility and   586          

program by the department of rehabilitation and correction under   588          

section 2967.23 of the Revised Code, sentenced to the facility     590          

and program by a court pursuant to section 2929.16 or 2929.17 of                

                                                          15     

                                                                 
the Revised Code, or PERSONS otherwise committed or admitted       592          

pursuant to law to the facility and program.  The designate        594          

facility shall satisfy all of the following:                                    

      (1)  Be a secure facility that contains lockups and other    596          

measures sufficient to ensure the safety of the surrounding        597          

community;                                                         598          

      (2)  Provide living space and accommodations that are        600          

suitable and adequate for the housing upon release, sentencing,    602          

or other commitment or admission of the following number of        603          

persons:                                                                        

      (a)  For a facility that became operational prior to July    605          

1, 1993, at least twenty, but not more than two hundred, persons;  606          

      (b)  For a facility that becomes operational on or after     608          

July 1, 1993, at least fifty, but not more than two hundred,       609          

persons.                                                           610          

      (3)  Be constructed or modified, and maintained and          612          

operated, so that it complies with the rules adopted pursuant to   614          

Chapter 119. of the Revised Code by the division of parole and     615          

community services in the department of rehabilitation and                      

correction for community-based correctional facilities and         618          

programs and district community-based correctional facilities and  619          

programs.                                                                       

      (B)  The designation of a general treatment program that     621          

will be applied individually to each person released to the        622          

facility and program by the department of rehabilitation and       623          

correction under section 2967.23 of the Revised Code, sentenced    624          

to the facility and program by a court pursuant to section         626          

2929.16 or 2929.17 of the Revised Code, or otherwise committed or  628          

admitted pursuant to law to the facility and program.  The         629          

designated general treatment program shall not be limited to, but               

at a minimum shall include, provisions to ensure that:             630          

      (1)  Each person released by the department, sentenced by a  633          

court, or otherwise committed or admitted to a facility is         634          

provided an orientation period of at least thirty days, during     635          

                                                          16     

                                                                 
which period the person is not permitted to leave the facility     636          

and is evaluated in relation to the person's placement in          637          

rehabilitative programs;                                           638          

      (2)  Each person released by the department, sentenced by a  641          

court, or otherwise committed or admitted to a facility is placed  642          

in a release program whereby the person will be released           643          

temporarily for the purpose of employment in a manner consistent   645          

with the applicable work-release program established under         646          

section 5147.28 of the Revised Code, for vocational training, or   647          

for other educational or rehabilitative programs;                  648          

      (3)  All suitable community resources that are available     650          

are utilized in the treatment of each person released by the       651          

department, sentenced by a court, or otherwise committed or        654          

admitted to the facility.                                                       

      (C)  Provisions to ensure that the facility and program      656          

will be staffed and operated by persons who satisfy the minimum    657          

educational and experience requirements that are prescribed by     658          

rule by the department of rehabilitation and correction;           659          

      (D)  Provisions for an intake officer to screen each felony  661          

offender who is sentenced by the court or courts that the          662          

facility and program serve and to make recommendations to the      663          

sentencing court concerning the admission or referral of each      664          

felony offender to the facility and program within fourteen days   665          

after notification of sentencing;                                  666          

      (E)  Written screening standards that are to be used by an   668          

intake officer in screening an offender under the provisions       669          

described in division (D) of this section and that at a minimum    671          

include provisions to ensure that the intake officer will not      672          

make a recommendation to a sentencing court in support of the      674          

sentencing of a person to the facility and program if the person   675          

is ineligible for placement in the facility and program under      676          

rules adopted by the facility's and program's judicial             677          

corrections board.                                                 678          

      (F)  A statement that a good faith effort will be made to    680          

                                                          17     

                                                                 
ensure that the persons who staff and operate the facility and     681          

program proportionately represent the racial, ethnic, and          682          

cultural diversity of the persons released, sentenced, or          684          

otherwise committed or admitted to the facility and program;       685          

      (G)  A statement indicating that the facility's and          687          

program's judicial corrections board, in its discretion, may       689          

approve the department of rehabilitation and correction's release  690          

to the facility and program of a prisoner serving a definite       691          

sentence pursuant to section 2967.23 of the Revised Code.          692          

      Sec. 2301.55.  (A)  If a judicial corrections board          701          

establishes one or more community-based correctional facilities    702          

and programs or district community-based correctional facilities   703          

and programs, all of the following apply, for each facility and    704          

program so established:                                            705          

      (1)  The judicial corrections board shall appoint and fix    707          

the compensation of the director of the facility and program and   708          

other professional, technical, and clerical employees who are      709          

necessary to properly maintain and operate the facility and        710          

program.                                                           711          

      The director, under the supervision of the judicial          713          

corrections board and subject to the rules of the judicial         714          

corrections board that are prescribed under division (B) of this   715          

section, shall control, manage, operate, and have general charge   716          

of the facility and program, and shall have the custody of its     717          

property, files, and records.                                      718          

      (2)  The judicial corrections board may enter into           720          

contracts with the board of county commissioners of the county in  721          

which the facility and program is located or, in the case of a     722          

district facility and program, with the county commissioners of    723          

any county included in the district, whereby the county is to      724          

provide buildings, goods, and services to the facility and         725          

program.                                                           726          

      (3)  The judicial corrections board shall adopt rules for    728          

the sentencing or other commitment or admission pursuant to law    730          

                                                          18     

                                                                 
of persons to, and the operation of, the facility and program.     731          

The rules shall provide procedures that conform to sections        732          

2301.51 to 2301.56, 2967.23, 5120.10, 5120.111, and 5120.112 of    734          

the Revised Code.  The rules adopted under this division shall be  735          

entered upon the journal of the court of each member court of a    736          

district.                                                          737          

      (B)  A judicial corrections board that establishes one or    739          

more community-based correctional facilities and programs or       740          

district community-based correctional facilities and programs may  741          

accept any gift, donation, devise, or bequest of real or personal  742          

property made to it by any person, or any grant or appropriation   743          

made to it by any federal, state, or local governmental unit or    744          

agency, and use the gift, donation, devise, bequest, grant, or     745          

appropriation in any manner that is consistent with any            746          

conditions of the gift, donation, devise, bequest, grant, or       747          

appropriation and that it considers to be in the interests of the  748          

facility and program.  The judicial corrections board may sell,    749          

lease, convey, or otherwise transfer any real or personal          750          

property that it accepts pursuant to this division following the   751          

procedures specified in sections 307.09, 307.10, and 307.12 of     752          

the Revised Code.                                                  753          

      (C)  A judicial corrections board that establishes one or    755          

more community-based correctional facilities and programs or       756          

district community-based correctional facilities and programs      757          

shall provide the citizens advisory board of the facilities and    758          

programs with the staff assistance that the citizens advisory      759          

board requires to perform the duties imposed by section 2301.54    760          

of the Revised Code.                                               761          

      Sec. 2305.24.  Any information, data, reports, or records    770          

made available to a quality assurance committee or utilization     771          

committee of a hospital or of any not-for-profit health care       772          

corporation which THAT is a member of the hospital or of which     773          

the hospital is a member shall be confidential and shall be used   775          

by the committee and the committee members only in the exercise    776          

                                                          19     

                                                                 
of the proper functions of the committee.  Any information, data,  777          

reports, or records made available to a utilization committee of   778          

a state or local medical society composed of doctors of medicine   779          

or doctors of osteopathic medicine and surgery shall be            780          

confidential and shall be used by the committee and the committee  781          

members only in the exercise of the proper functions of the        782          

committee.  A right of action similar to that a patient may have   783          

against an attending physician for misuse of information, data,    784          

reports, or records arising out of the physician-patient           785          

relationship, shall accrue against a member of a quality           786          

assurance committee or utilization committee for misuse of any     787          

information, data, reports, or records furnished to the committee  788          

by an attending physician.  No physician, surgeon, institution,    789          

or hospital furnishing information, data, reports, or records to   790          

a committee with respect to any patient examined or treated by     791          

the physician or surgeon or confined in the institution or         792          

hospital shall, by reason of the furnishing, be deemed liable in   793          

damages to any person, or be held to answer for betrayal of a      794          

professional confidence within the meaning and intent of section   795          

4731.22 of the Revised Code.  Information, data, or reports        796          

furnished to a utilization committee of a state or local medical   797          

society shall contain no name of any person involved therein.      798          

      Any information, data, reports, or records made available    800          

to a quality assurance committee of a state correctional           801          

institution operated by the department of rehabilitation and       802          

correction or a quality assurance committee of the central office  803          

of the department of rehabilitation and correction or department   805          

of mental health shall be confidential and shall be used by the                 

department or committee and the department or committee members    806          

only in the exercise of the proper functions of the department or  807          

committee.                                                                      

      As used in this section, "utilization committee" is the      809          

committee established to administer a utilization review plan of   810          

a hospital, of a not-for-profit health care corporation which is   811          

                                                          20     

                                                                 
a member of the hospital or of which the hospital is a member, or  812          

of an extended care facility as provided in the "Health Insurance  813          

for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).        814          

      Sec. 2305.25.  (A)  No health care entity and no individual  824          

who is a member of or works on behalf of any of the following                   

boards or committees of a health care entity or of any of the      825          

following corporations shall be liable in damages to any person    826          

for any acts, omissions, decisions, or other conduct within the    827          

scope of the functions of the board, committee, or corporation:    828          

      (1)  A peer review committee of a hospital, a nonprofit      830          

health care corporation which is a member of the hospital or of    831          

which the hospital is a member, or a community mental health       832          

center;                                                            833          

      (2)  A board or committee of a hospital or of a nonprofit    836          

health care corporation which is a member of the hospital or of    837          

which the hospital is a member reviewing professional                           

qualifications or activities of the hospital medical staff or      838          

applicants for admission to the medical staff;                     839          

      (3)  A utilization committee of a state or local society     841          

composed of doctors of medicine or doctors of osteopathic          842          

medicine and surgery or doctors of podiatric medicine;             843          

      (4)  A peer review committee of nursing home providers or    845          

administrators, including a corporation engaged in performing the  847          

functions of a peer review committee of nursing home providers or  848          

administrators, or a corporation engaged in the functions of                    

another type of peer review or professional standards review       849          

committee;                                                         850          

      (5)  A peer review committee, professional standards review  852          

committee, or arbitration committee of a state or local society    853          

composed of doctors of medicine, doctors of osteopathic medicine   854          

and surgery, doctors of dentistry, doctors of optometry, doctors   855          

of podiatric medicine, psychologists, or registered pharmacists;   856          

      (6)  A peer review committee of a health maintenance         858          

organization that has at least a two-thirds majority of member     859          

                                                          21     

                                                                 
physicians in active practice and that conducts professional       860          

credentialing and quality review activities involving the          861          

competence or professional conduct of health care providers,       862          

which conduct adversely affects, or could adversely affect, the    863          

health or welfare of any patient.  For purposes of this division,  864          

"health maintenance organization" includes wholly owned            865          

subsidiaries of a health maintenance organization.                 866          

      (7)  A peer review committee of any insurer authorized       868          

under Title XXXIX of the Revised Code to do the business of        869          

sickness and accident insurance in this state that has at least a  870          

two-thirds majority of physicians in active practice and that      871          

conducts professional credentialing and quality review activities  872          

involving the competence or professional conduct of health care    873          

providers, which conduct adversely affects, or could adversely     874          

affect, the health or welfare of any patient;                      875          

      (8)  A peer review committee of any insurer authorized       877          

under Title XXXIX of the Revised Code to do the business of        878          

sickness and accident insurance in this state that has at least a  879          

two-thirds majority of physicians in active practice and that      880          

conducts professional credentialing and quality review activities  881          

involving the competence or professional conduct of a health care  882          

facility that has contracted with the insurer to provide health    883          

care services to insureds, which conduct adversely affects, or     884          

could adversely affect, the health or welfare of any patient;      885          

      (9)  A quality assurance committee of a state correctional   887          

institution operated by the department of rehabilitation and       889          

correction;                                                                     

      (10)  A quality assurance committee of the central office    891          

of the department of rehabilitation and correction or department   893          

of mental health.                                                               

      (11)  A peer review committee of an insurer authorized       895          

under Title XXXIX of the Revised Code to do the business of        896          

medical professional liability insurance in this state and that    897          

conducts professional quality review activities involving the      899          

                                                          22     

                                                                 
competence or professional conduct of health care providers,       900          

which conduct adversely affects, or could affect, the health or                 

welfare of any patient;                                            901          

      (12)(10)  A peer review committee of a health care entity.   903          

      (B)(1)  A hospital shall be presumed to not be negligent in  905          

the credentialing of a qualified person if the hospital proves by  906          

a preponderance of the evidence that at the time of the alleged    907          

negligent credentialing of the qualified person it was accredited  908          

by the joint commission on accreditation of health care            909          

organizations, the American osteopathic association, or the                     

national committee for quality assurance.                          910          

      (2)  The presumption that a hospital is not negligent as     912          

provided in division (B)(1) of this section may be rebutted only   913          

by proof, by a preponderance of the evidence, of any of the        914          

following:                                                                      

      (a)  The credentialing and review requirements of the        916          

accrediting organization did not apply to the hospital, the        917          

qualified person, or the type of professional care that is the     918          

basis of the claim against the hospital.                                        

      (b)  The hospital failed to comply with all material         920          

credentialing and review requirements of the accrediting           921          

organization that applied to the qualified person.                 922          

      (c)  The hospital, through its medical staff executive       924          

committee or its governing body and sufficiently in advance to     925          

take appropriate action, knew that a previously competent          926          

qualified person with staff privileges at the hospital had         927          

developed a pattern of incompetence that indicated that the        928          

qualified person's privileges should have been limited prior to    929          

treating the plaintiff at the hospital.                            930          

      (d)  The hospital, through its medical staff executive       932          

committee or its governing body and sufficiently in advance to     933          

take appropriate action, knew that a previously competent          934          

qualified person with staff privileges at the hospital would       935          

provide fraudulent medical treatment but failed to limit the       936          

                                                          23     

                                                                 
qualified person's privileges prior to treating the plaintiff at   937          

the hospital.                                                      938          

      (3)  If the plaintiff fails to rebut the presumption         940          

provided in division (B)(1) of this section, upon the motion of    941          

the hospital, the court shall enter judgment in favor of the       942          

hospital on the claim of negligent credentialing.                               

      (C)  Nothing in this section otherwise shall relieve any     944          

individual or health care entity from liability arising from       945          

treatment of a patient.  Nothing in this section shall be          946          

construed as creating an exception to section 2305.251 of the      947          

Revised Code.                                                                   

      (D)  No person who provides information under this section   949          

without malice and in the reasonable belief that the information   951          

is warranted by the facts known to the person shall be subject to  952          

suit for civil damages as a result of providing the information.   953          

      (E)  For purposes of AS USED IN this section:                955          

      (1)  "Peer review committee" means a utilization review      957          

committee, quality assurance committee, quality improvement        958          

committee, tissue committee, credentialing committee, or other     959          

committee that conducts professional credentialing and quality     960          

review activities involving the competence or professional         961          

conduct of health care practitioners.                                           

      (2)  "Health care entity" means a government entity, a       963          

for-profit or nonprofit corporation, a limited liability company,  964          

a partnership, a professional corporation, a state or local        965          

society as described in division (A)(3) of this section, or other  966          

health care organization, including, but not limited to, health    967          

care entities described in division (A) of this section, whether   968          

acting on its own behalf or on behalf of or in affiliation with    969          

other health care entities, that conducts, as part of its                       

purpose, professional credentialing or quality review activities   970          

involving the competence or professional conduct of health care    971          

practitioners or providers.                                        972          

      (3)  "Hospital" means either of the following:               974          

                                                          24     

                                                                 
      (a)  An institution that has been registered or licensed by  976          

the Ohio department of health as a hospital;                       977          

      (b)  An entity, other than an insurance company authorized   979          

to do business in this state, that owns, controls, or is           980          

affiliated with an institution that has been registered or         982          

licensed by the Ohio department of health as a hospital.                        

      (4)  "Qualified person" means a member of the medical staff  984          

of a hospital or a person who has professional privileges at a     985          

hospital pursuant to section 3701.351 of the Revised Code.         986          

      (F)  This section shall be considered to be purely remedial  989          

in its operation and shall be applied in a remedial manner in any  990          

civil action in which this section is relevant, whether the civil  991          

action is pending in court or commenced on or after the effective  992          

date of this section, regardless of when the cause of action       993          

accrued and notwithstanding any other section of the Revised Code  995          

or prior rule of law of this state.                                             

      Sec. 2305.251.  Proceedings and records within the scope of  1,004        

the peer review or utilization review functions of all review      1,005        

boards, committees, or corporations described in section 2305.25   1,007        

of the Revised Code shall be held in confidence and shall not be   1,008        

subject to discovery or introduction in evidence in any civil      1,009        

action against a health care professional, the department of       1,010        

rehabilitation and correction, the department of mental health, a  1,011        

hospital, a not-for-profit health care corporation which THAT is   1,012        

a member of a hospital or of which a hospital is a member, or      1,013        

other ANOTHER health care entity arising out of matters that are   1,015        

the subject of evaluation and review by the review board,          1,016        

committee, or corporation.  No person in attendance at a meeting   1,017        

of a review board, committee, or corporation or serving as a       1,018        

member or employee of a review board, committee, or corporation    1,019        

shall be permitted or required to testify in any civil action as   1,020        

to any evidence or other matters produced or presented during the  1,021        

proceedings of the review board, committee, or corporation or as   1,022        

to any finding, recommendation, evaluation, opinion, or other      1,023        

                                                          25     

                                                                 
action of the review board, committee, or corporation or a member  1,024        

or employee of it.  Information, documents, or records otherwise   1,026        

available from original sources are not to be construed as being   1,027        

unavailable for discovery or for use in any civil action merely    1,028        

because they were presented during proceedings of a review board,  1,029        

committee, or corporation, nor should any person testifying        1,030        

before a review board, committee, or corporation or who is a       1,031        

member or employee of the review board, committee, or corporation               

be prevented from testifying as to matters within the person's     1,033        

knowledge, but the witness cannot be asked about the witness's     1,034        

testimony before the review board, committee, or corporation or    1,035        

an opinion formed by the witness as a result of the review board,  1,036        

committee, or corporation hearing.  An order by a court to                      

produce for discovery or for use at trial the proceedings or       1,038        

records described in this section is a final order.                             

      Sec. 2901.07.  (A)  As used in this section:                 1,047        

      (1)  "DNA analysis" and "DNA specimen" have the same         1,049        

meanings as in section 109.573 of the Revised Code.                1,050        

      (2)  "Jail" and "community-based correctional facility"      1,052        

have the same meanings as in section 2929.01 of the Revised Code.  1,053        

      (3)  "Post-release control" has the same meaning as in       1,055        

section 2967.28 2967.01 of the Revised Code.                       1,057        

      (B)(1)  A person who is convicted of or pleads guilty to a   1,060        

felony offense listed in division (D) of this section and who is   1,061        

sentenced to a prison term or to a community residential sanction  1,062        

in a jail or community-based correctional facility pursuant to     1,063        

section 2929.16 of the Revised Code, and a person who is           1,065        

convicted of or pleads guilty to a misdemeanor offense listed in   1,066        

division (D) of this section and who is sentenced to a term of                  

imprisonment shall submit to a DNA specimen collection procedure   1,069        

administered by the director of rehabilitation and correction or   1,070        

the chief administrative officer of the jail or other detention    1,071        

facility in which the person is serving the term of imprisonment.  1,072        

If the person serves the prison term in a state correctional       1,073        

                                                          26     

                                                                 
institution, the director of rehabilitation and correction shall   1,074        

cause the DNA specimen to be collected from the person during the  1,075        

intake process at the reception facility designated by the         1,077        

director.  If the person serves the community residential          1,078        

sanction or term of imprisonment in a jail, a community-based      1,079        

correctional facility, or another county, multicounty, municipal,  1,080        

municipal-county, or multicounty-municipal detention facility,     1,081        

the chief administrative officer of the jail, community-based      1,083        

correctional facility, or detention facility shall cause the DNA   1,085        

specimen to be collected from the person during the intake                      

process at the jail, community-based correctional facility, or     1,086        

detention facility.  In accordance with division (C) of this       1,088        

section, the director or the chief administrative officer shall    1,089        

cause the DNA specimen to be forwarded to the bureau of criminal   1,090        

identification and investigation no later than fifteen days after  1,091        

the date of the collection of the DNA specimen.  The DNA specimen  1,092        

shall be collected in accordance with division (C) of this         1,093        

section.                                                                        

      (2)  If a person is convicted of or pleads guilty to an      1,096        

offense listed in division (D) of this section, is serving a       1,098        

prison term, community residential sanction, or term of                         

imprisonment for that offense, and does not provide a DNA          1,099        

specimen pursuant to division (B)(1) of this section, prior to     1,100        

the person's release from the prison term, community residential   1,101        

sanction, or imprisonment, the person shall submit to, and         1,103        

director of rehabilitation and correction or the chief             1,104        

administrative officer of the jail, community-based correctional   1,105        

facility, or detention facility in which the person is serving                  

the prison term, community residential sanction, or term of        1,107        

imprisonment shall administer, a DNA specimen collection           1,108        

procedure at the state correctional institution, jail,             1,109        

community-based correctional facility, or detention facility in    1,110        

which the person is serving the prison term, community             1,111        

residential sanction, or term of imprisonment.  In accordance      1,113        

                                                          27     

                                                                 
with division (C) of this section, the director or the chief       1,115        

administrative officer shall cause the DNA specimen to be                       

forwarded to the bureau of criminal identification and             1,117        

investigation no later than fifteen days after the date of the     1,118        

collection of the DNA specimen.  The DNA specimen shall be         1,119        

collected in accordance with division (C) of this section.         1,120        

      (3)  If a person serving a prison term or community          1,122        

residential sanction for a felony is released on parole, furlough  1,123        

UNDER TRANSITIONAL CONTROL, or other ON ANOTHER TYPE OF release    1,125        

or is on post-release control, if the person is under the          1,127        

supervision of the adult parole authority, if the person is        1,128        

returned to a jail, community-based correctional facility, or      1,129        

state correctional institution for a violation of a condition THE  1,131        

TERMS AND CONDITIONS of the parole, furlough TRANSITIONAL          1,132        

CONTROL, other release, or post-release control, if the person     1,133        

was or will be serving a prison term or community residential      1,134        

sanction for committing an offense listed in division (D) of this  1,137        

section, and if the person did not provide a DNA specimen          1,138        

pursuant to division (B)(1) or (2) of this section, the person     1,140        

shall submit to, and the director of rehabilitation and            1,141        

correction or the chief administrative officer of the jail or      1,142        

community-based correctional facility shall administer, a DNA      1,143        

specimen collection procedure at the jail, community-based         1,145        

correctional facility, or state correctional institution in which  1,146        

the person is serving the prison term or community residential     1,147        

sanction.  In accordance with division (C) of this section, the    1,150        

director or the chief administrative officer shall cause the DNA   1,152        

specimen to be forwarded to the bureau of criminal identification  1,153        

and investigation no later than fifteen days after the date of     1,154        

the collection of the DNA specimen.  The DNA specimen shall be     1,155        

collected from the person in accordance with division (C) of this  1,157        

section.                                                                        

      (C)  A physician, registered nurse, licensed practical       1,160        

nurse, duly licensed clinical laboratory technician, or other      1,161        

                                                          28     

                                                                 
qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          1,162        

pursuant to division (B) of this section.  No later than fifteen   1,163        

days after the date of the collection of the DNA specimen, the     1,164        

director of rehabilitation and correction or the chief             1,165        

administrative officer of the jail, community-based correctional   1,166        

facility, or other county, multicounty, municipal,                 1,167        

municipal-county, or multicounty-municipal detention facility, in  1,168        

which the person is serving the prison term, community             1,169        

residential sanction, or term of imprisonment shall cause the DNA  1,170        

specimen to be forwarded to the bureau of criminal identification  1,171        

and investigation in accordance with procedures established by     1,172        

the superintendent of the bureau under division (H) of section     1,173        

109.573 of the Revised Code.  The bureau shall provide the         1,174        

specimen vials, mailing tubes, labels, postage, and instructions   1,175        

needed for the collection and forwarding of the DNA specimen to    1,176        

the bureau.                                                                     

      (D)  The director of rehabilitation and correction and the   1,178        

chief administrative officer of the jail, community-based          1,179        

correctional facility, or other county, multicounty, municipal,    1,180        

municipal-county, or multicounty-municipal detention facility      1,181        

shall cause a DNA specimen to be collected in accordance with      1,184        

divisions (B) and (C) of this section from a person in its         1,185        

custody who is convicted of or pleads guilty to any of the         1,186        

following offenses:                                                1,187        

      (1)  A violation of section 2903.01, 2903.02, 2905.01,       1,189        

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      1,191        

Code;                                                                           

      (2)  A violation of section 2907.12 of the Revised Code as   1,193        

it existed prior to September 3, 1996;                             1,194        

      (3)  An attempt to commit a violation of section 2907.02,    1,196        

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    1,198        

violation of section 2907.12 of the Revised Code as it existed                  

prior to September 3, 1996;                                        1,200        

                                                          29     

                                                                 
      (4)  A violation of any law that arose out of the same       1,202        

facts and circumstances and same act as did a charge against the   1,205        

person of a violation of section 2907.02, 2907.03, 2907.04, or     1,206        

2907.05 of the Revised Code that previously was dismissed or as    1,207        

did a charge against the person of a violation of section 2907.12  1,208        

of the Revised Code as it existed prior to September 3, 1996,      1,209        

that previously was dismissed;                                                  

      (5)  A violation of section 2905.02 or 2919.23 of the        1,211        

Revised Code that would have been a violation of section 2905.04   1,214        

of the Revised Code as it existed prior to July 1, 1996, had it    1,216        

been committed prior to that date;                                              

      (6)  A sexually oriented offense, as defined in section      1,218        

2950.01 of the Revised Code, if, in relation to that offense, the  1,220        

offender has been adjudicated as being a sexual predator, as       1,221        

defined in section 2950.01 of the Revised Code.                    1,222        

      (E)  The director of rehabilitation and correction or a      1,224        

chief administrative officer of a jail, community-based            1,225        

correctional facility, or other detention facility described in    1,227        

division (B) of this section is not required to comply with this   1,228        

section until the superintendent of the bureau of criminal         1,229        

identification and investigation gives agencies in the criminal    1,230        

justice system, as defined in section 181.51 of the Revised Code,               

in the state official notification that the state DNA laboratory   1,231        

is prepared to accept DNA specimens.                               1,232        

      Sec. 2903.13.  (A)  No person shall knowingly cause or       1,241        

attempt to cause physical harm to another or to another's unborn.  1,242        

      (B)  No person shall recklessly cause serious physical harm  1,244        

to another or to another's unborn.                                 1,245        

      (C)  Whoever violates this section is guilty of assault.     1,247        

Except as otherwise provided in division (C)(1), (2), or (3) of    1,248        

this section, assault is a misdemeanor of the first degree.        1,250        

      (1)  If EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF    1,252        

the offense is committed by a caretaker against a functionally     1,254        

impaired person under the caretaker's care, assault is a felony    1,255        

                                                          30     

                                                                 
of the fourth degree.  If the offense is committed by a caretaker  1,256        

against a functionally impaired person under the caretaker's       1,257        

care, if the offender previously has been convicted of or pleaded  1,259        

guilty to a violation of this section or section 2903.11 or        1,260        

2903.16 of the Revised Code, and if in relation to the previous    1,261        

conviction the offender was a caretaker and the victim was a       1,262        

functionally impaired person under the offender's care, assault    1,263        

is a felony of the third degree.                                   1,264        

      (2)  If the offense is committed in any of the following     1,266        

circumstances, assault is a felony of the fifth degree:            1,267        

      (a)  The offense occurs in or on the grounds of a state      1,269        

correctional institution or an institution of the department of    1,270        

youth services, the victim of the offense is an employee of the    1,271        

department of rehabilitation and correction, the department of     1,272        

youth services, or a probation department or is on the premises    1,273        

of the particular institution for business purposes or as a        1,274        

visitor, and the offense is committed by a person incarcerated in  1,275        

the state correctional institution, BY a person institutionalized  1,276        

in the department of youth services institution pursuant to a      1,277        

commitment to the department of youth services, or BY a            1,278        

probationer, furloughee, or parolee, BY AN OFFENDER UNDER          1,280        

TRANSITIONAL CONTROL, UNDER A COMMUNITY CONTROL SANCTION, OR ON    1,282        

AN ESCORTED VISIT, BY A PERSON UNDER POST-RELEASE CONTROL, OR BY   1,284        

AN OFFENDER UNDER ANY OTHER TYPE OF SUPERVISION BY A GOVERNMENT    1,285        

AGENCY;                                                                         

      (b)  The offense occurs in or on the grounds of a local      1,287        

correctional facility, the victim of the offense is an employee    1,288        

of the local correctional facility or a probation department or    1,289        

is on the premises of the facility for business purposes or as a   1,290        

visitor, and the offense is committed by a person who is under     1,291        

custody in the facility subsequent to the person's arrest for any  1,292        

crime or delinquent act, subsequent to the person's being charged  1,294        

with or convicted of any crime, or subsequent to the person's      1,296        

being alleged to be or adjudicated a delinquent child.             1,297        

                                                          31     

                                                                 
      (c)  The offense occurs off the grounds of a state           1,299        

correctional institution and off the grounds of an institution of  1,300        

the department of youth services, the victim of the offense is an  1,301        

employee of the department of rehabilitation and correction, the   1,302        

department of youth services, or a probation department, the       1,303        

offense occurs during the employee's official work hours and       1,304        

while the employee is engaged in official work responsibilities,   1,305        

and the offense is committed by a person incarcerated in a state   1,307        

correctional institution or institutionalized in the department    1,308        

of youth services who temporarily is outside of the institution    1,309        

for any purpose or, by a probationer, OR parolee, or furloughee    1,311        

BY AN OFFENDER UNDER TRANSITIONAL CONTROL, UNDER A COMMUNITY       1,312        

CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A PERSON UNDER                    

POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY OTHER TYPE OF    1,313        

SUPERVISION BY A GOVERNMENT AGENCY.                                1,314        

      (d)  The offense occurs off the grounds of a local           1,316        

correctional facility, the victim of the offense is an employee    1,317        

of the local correctional facility or a probation department, the  1,318        

offense occurs during the employee's official work hours and       1,319        

while the employee is engaged in official work responsibilities,   1,320        

and the offense is committed by a person who is under custody in   1,321        

the facility subsequent to the person's arrest for any crime or    1,322        

delinquent act, subsequent to the person being charged with or     1,323        

convicted of any crime, or subsequent to the person being alleged  1,324        

to be or adjudicated a delinquent child and who temporarily is     1,326        

outside of the facility for any purpose or by a probationer, OR    1,327        

parolee, or furloughee BY AN OFFENDER UNDER TRANSITIONAL CONTROL,  1,328        

UNDER A COMMUNITY CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A  1,329        

PERSON UNDER POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY     1,330        

OTHER TYPE OF SUPERVISION BY A GOVERNMENT AGENCY.                  1,331        

      (3)  If the victim of the offense is a peace officer, a      1,333        

fire fighter, or a person performing emergency medical service,    1,334        

while in the performance of their official duties, assault is a    1,335        

felony of the fourth degree.                                       1,336        

                                                          32     

                                                                 
      (4)  As used in this section:                                1,338        

      (a)  "Peace officer" has the same meaning as in section      1,340        

2935.01 of the Revised Code.                                       1,341        

      (b)  "Fire fighter" has the same meaning as in section       1,343        

3937.41 of the Revised Code.                                       1,344        

      (c)  "Emergency medical service" has the same meaning as in  1,346        

section 4765.01 of the Revised Code.                               1,347        

      (d)  "Local correctional facility" means any county,         1,349        

multicounty, municipal, municipal-county, or                       1,350        

multicounty-municipal jail or workhouse, any minimum security      1,351        

jail established under section 341.23 or 753.21 of the Revised     1,353        

Code, or any other county, multicounty, municipal,                              

municipal-county, or multicounty-municipal facility used for the   1,354        

custody of persons arrested for any crime or delinquent act,       1,355        

persons charged with or convicted of any crime, or persons         1,356        

alleged to be or adjudicated a delinquent child.                   1,357        

      (e)  "Employee of a local correctional facility" means any   1,359        

person who is an employee of the political subdivision or of one   1,360        

or more of the affiliated political subdivisions that operates     1,361        

the local correctional facility and who operates or assists in     1,362        

the operation of the facility.                                     1,363        

      (f)  "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS    1,365        

IN SECTION 2929.01 OF THE REVISED CODE.                            1,366        

      (g)  "ESCORTED VISIT" MEANS AN ESCORTED VISIT GRANTED UNDER  1,368        

SECTION 2967.27 OF THE REVISED CODE.                               1,369        

      (h)  "POST-RELEASE CONTROL" AND "TRANSITIONAL CONTROL" HAVE  1,371        

THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE.       1,372        

      Sec. 2921.36.  (A)  No person shall knowingly convey, or     1,381        

attempt to convey, onto the grounds of a detention facility or of  1,382        

an institution that is under the control of the department of      1,383        

mental health or the department of mental retardation and          1,384        

developmental disabilities, any of the following items:            1,385        

      (1)  Any deadly weapon or dangerous ordnance, as defined in  1,387        

section 2923.11 of the Revised Code, or any part of or ammunition  1,388        

                                                          33     

                                                                 
for use in such a deadly weapon or dangerous ordnance;             1,389        

      (2)  Any drug of abuse, as defined in section 3719.011 of    1,391        

the Revised Code;                                                  1,392        

      (3)  Any intoxicating liquor, as defined in section 4301.01  1,394        

of the Revised Code.                                               1,395        

      (B)  Division (A) of this section does not apply to any      1,397        

person who conveys or attempts to convey an item onto the grounds  1,398        

of a detention facility or of an institution under the control of  1,399        

the department of mental health or the department of mental        1,400        

retardation and developmental disabilities pursuant to the         1,401        

written authorization of the person in charge of the detention     1,402        

facility or the institution and in accordance with the written     1,403        

rules of the detention facility or the institution.                1,404        

      (C)  No person shall knowingly deliver, or attempt to        1,406        

deliver, to any person who is confined in a detention facility or  1,407        

to any patient in an institution under the control of the          1,408        

department of mental health or the department of mental            1,409        

retardation and developmental disabilities, any item listed in     1,410        

division (A)(1), (2), or (3) of this section.                      1,411        

      (D)  No person shall knowingly deliver, or attempt to        1,413        

deliver, cash to any person who is confined in a detention         1,414        

facility.                                                                       

      (E)  It is an affirmative defense to a charge under          1,416        

division (C) of this section that the actor was not otherwise      1,417        

prohibited by law from delivering the item to the confined person  1,418        

or the patient and that either of the following applies:           1,419        

      (1)  The actor was permitted by the written rules of the     1,421        

detention facility or the institution to deliver the item to the   1,422        

confined person or the patient.                                    1,423        

      (2)  The actor was given written authorization by the        1,425        

person in charge of the detention facility or the institution to   1,426        

deliver the item to the confined person or the patient.            1,427        

      (F)(1)  Whoever violates division (A)(1) of this section or  1,429        

commits a violation of division (C) of this section involving an   1,430        

                                                          34     

                                                                 
item listed in division (A)(1) of this section is guilty of        1,431        

illegal conveyance of weapons onto the grounds of a detention      1,432        

facility or a mental health or mental retardation and              1,433        

developmental disabilities institution, a felony of the fourth     1,435        

degree.  IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE                       

DEPARTMENT OF REHABILITATION AND CORRECTION, THE COURT SHALL       1,436        

IMPOSE A MANDATORY PRISON TERM.                                    1,437        

      (2)  Whoever violates division (A)(2) of this section or     1,439        

commits a violation of division (C) of this section involving any  1,440        

drug of abuse is guilty of illegal conveyance of drugs of abuse    1,441        

onto the grounds of a detention facility or a mental health or     1,442        

mental retardation and developmental disabilities institution, a   1,443        

felony of the fourth degree if the offender is an officer or       1,445        

employee of the facility or institution or a felony of the fifth   1,446        

degree if the offender is not such an officer or employee.  IF                  

THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF        1,447        

REHABILITATION AND CORRECTION, THE COURT SHALL IMPOSE A MANDATORY  1,448        

PRISON TERM.                                                                    

      (3)  Whoever violates division (A)(3) of this section or     1,450        

commits a violation of division (C) of this section involving any  1,451        

intoxicating liquor is guilty of illegal conveyance of             1,452        

intoxicating liquor onto the grounds of a detention facility or a  1,453        

mental health or mental retardation and developmental              1,454        

disabilities institution, a misdemeanor of the second degree.      1,455        

      (4)  Whoever violates division (D) of this section is        1,457        

guilty of illegal conveyance of cash onto the grounds of a         1,458        

detention facility, a misdemeanor of the first degree.  If the     1,459        

offender previously has been convicted of or pleaded guilty to a   1,460        

violation of division (D) of this section, illegal conveyance of                

cash onto the grounds of a detention facility is a felony of the   1,461        

fifth degree.                                                      1,462        

      Sec. 2929.01.  As used in this chapter:                      1,477        

      (A)(1)  "Alternative residential facility" means, SUBJECT    1,480        

TO DIVISION (A)(2) OF THIS SECTION, any facility other than an     1,481        

                                                          35     

                                                                 
offender's home or residence in which an offender is assigned to   1,482        

live and that SATISFIES ALL OF THE FOLLOWING CRITERIA:             1,483        

      (a)  IT provides programs through which the offender may     1,486        

seek or maintain employment or may receive education, training,    1,487        

treatment, or habilitation.  "Alternative                          1,488        

      (b)  IT HAS RECEIVED THE APPROPRIATE LICENSE OR CERTIFICATE  1,491        

FOR ANY SPECIALIZED EDUCATION, TRAINING, TREATMENT, HABILITATION,  1,492        

OR OTHER SERVICE THAT IT PROVIDES FROM THE GOVERNMENT AGENCY THAT  1,493        

IS RESPONSIBLE FOR LICENSING OR CERTIFYING THAT TYPE OF            1,494        

EDUCATION, TRAINING, TREATMENT, HABILITATION, OR SERVICE.          1,495        

      (2)  "ALTERNATIVE residential facility" does not include a   1,499        

community-based correctional facility, jail, halfway house, or     1,500        

prison.                                                                         

      (B)  "Bad time" means the time by which the parole board     1,502        

administratively extends an offender's stated prison term or       1,503        

terms pursuant to section 2967.11 of the Revised Code because the  1,504        

parole board finds by clear and convincing evidence that the       1,505        

offender, while serving the prison term or terms, committed an     1,506        

act that is a criminal offense under the law of this state or the  1,507        

United States, whether or not the offender is prosecuted for the   1,509        

commission of that act.                                                         

      (C)  "Basic supervision" means a requirement that the        1,512        

offender maintain contact with a person appointed to supervise     1,514        

the offender in accordance with sanctions imposed by the court or  1,515        

imposed by the parole board pursuant to section 2967.28 of the     1,516        

Revised Code.                                                                   

      (D)  "Cocaine," "crack cocaine," "hashish," "L.S.D.," and    1,518        

"unit dose" have the same meanings as in section 2925.01 of the    1,519        

Revised Code.                                                                   

      (E)  "Community-based correctional facility" means a         1,522        

community-based correctional facility and program or district      1,523        

community-based correctional facility and program developed        1,524        

pursuant to sections 2301.51 to 2301.56 of the Revised Code.       1,525        

      (F)  "Community control sanction" means a sanction that is   1,528        

                                                          36     

                                                                 
not a prison term and that is described in section 2929.15,        1,529        

2929.16, 2929.17, or 2929.18 of the Revised Code.                  1,530        

      (G)  "Criminally injurious conduct" means any conduct of     1,533        

the type that is described in division (C)(1) or (2) of section    1,534        

2743.51 of the Revised Code and that occurs on or after July 1,    1,535        

1996.                                                                           

      (H)  "Controlled substance," "marihuana," "schedule I," and  1,538        

"schedule II" have the same meanings as in section 3719.01 of the  1,540        

Revised Code.                                                                   

      (I)  "Curfew" means a requirement that an offender during a  1,543        

specified period of time be at a designated place.                 1,544        

      (J)  "Day reporting" means a sanction pursuant to which an   1,547        

offender is required each day to report to and leave a center or   1,548        

other approved reporting location at specified times in order to   1,549        

participate in work, education or training, treatment, and other   1,550        

approved programs at the center or outside the center.             1,551        

      (K)  "Deadly weapon" has the same meaning as in section      1,554        

2923.11 of the Revised Code.                                       1,555        

      (L)  "Drug and alcohol use monitoring" means a program       1,558        

under which an offender agrees to submit to random chemical        1,559        

analysis of the offender's blood, breath, or urine to determine    1,560        

whether the offender has ingested any alcohol or other drugs.      1,561        

      (M)  "Drug treatment program" means any program under which  1,564        

a person undergoes assessment and treatment designed to reduce or  1,566        

completely eliminate the person's physical or emotional reliance                

upon alcohol, another drug, or alcohol and another drug and under  1,567        

which the person may be required to receive assessment and         1,569        

treatment on an outpatient basis or may be required to reside at   1,570        

a facility other than the person's home or residence while                      

undergoing assessment and treatment.                               1,571        

      (N)  "Economic loss" means any economic detriment suffered   1,574        

by a victim as a result of criminally injurious conduct and        1,575        

includes any loss of income due to lost time at work because of    1,576        

any injury caused to the victim, and any property loss, medical    1,577        

                                                          37     

                                                                 
cost, or funeral expense incurred as a result of the criminally    1,578        

injurious conduct.                                                              

      (O)  "Education or training" includes study at, or in        1,581        

conjunction with a program offered by, a university, college, or   1,582        

technical college or vocational study and also includes the        1,583        

completion of primary school, secondary school, and literacy       1,584        

curriculums or their equivalent.                                                

      (P)  "Electronically monitored house arrest" has the same    1,587        

meaning as in section 2929.23 of the Revised Code.                 1,588        

      (Q)  "Eligible offender" has the same meaning as in section  1,591        

2929.23 of the Revised Code except as otherwise specified in       1,592        

section 2929.20 of the Revised Code.                               1,593        

      (R)  "Firearm" has the same meaning as in section 2923.11    1,596        

of the Revised Code.                                                            

      (S)  "Halfway house" means a facility licensed by the        1,599        

division of parole and community services of the department of                  

rehabilitation and correction pursuant to section 2967.14 of the   1,601        

Revised Code as a suitable facility for the care and treatment of  1,602        

adult offenders.                                                                

      (T)  "House arrest" means a period of confinement of an      1,604        

eligible offender that is in the eligible offender's home or in    1,605        

other premises specified by the sentencing court or by the parole  1,606        

board pursuant to section 2967.28 of the Revised Code, that may    1,607        

be electronically monitored house arrest, and during which all of  1,608        

the following apply:                                               1,609        

      (1)  The eligible offender is required to remain in the      1,611        

eligible offender's home or other specified premises for the       1,613        

specified period of confinement, except for periods of time        1,614        

during which the eligible offender is at the eligible offender's   1,615        

place of employment or at other premises as authorized by the      1,617        

sentencing court or by the parole board.                                        

      (2)  The eligible offender is required to report             1,620        

periodically to a person designated by the court or parole board.  1,621        

      (3)  The eligible offender is subject to any other           1,623        

                                                          38     

                                                                 
restrictions and requirements that may be imposed by the           1,624        

sentencing court or by the parole board.                           1,625        

      (U)  "Intensive supervision" means a requirement that an     1,629        

offender maintain frequent contact with a person appointed by the  1,630        

court, or by the parole board pursuant to section 2967.28 of the   1,631        

Revised Code, to supervise the offender while the offender is      1,632        

seeking or maintaining necessary employment and participating in   1,633        

training, education, and treatment programs as required in the     1,634        

court's or parole board's order.                                                

      (V)  "Jail" means a jail, workhouse, minimum security jail,  1,637        

or other residential facility used for the confinement of alleged  1,638        

or convicted offenders that is operated by a political             1,639        

subdivision or a combination of political subdivisions of this     1,640        

state.                                                                          

      (W)  "Delinquent child" has the same meaning as in section   1,642        

2151.02 of the Revised Code.                                       1,643        

      (X)  "License violation report" means a report that is made  1,646        

by a sentencing court, or by the parole board pursuant to section  1,647        

2967.28 of the Revised Code, to the regulatory or licensing board  1,649        

or agency that issued an offender a professional license or a      1,650        

license or permit to do business in this state and that specifies  1,651        

that the offender has been convicted of or pleaded guilty to an    1,652        

offense that may violate the conditions under which the            1,653        

offender's professional license or license or permit to do         1,654        

business in this state was granted or an offense for which the     1,655        

offender's professional license or license or permit to do                      

business in this state may be revoked or suspended.                1,656        

      (Y)  "Major drug offender" means an offender who is          1,659        

convicted of or pleads guilty to the possession of, sale of, or    1,660        

offer to sell any drug, compound, mixture, preparation, or         1,661        

substance that consists of or contains at least one thousand       1,662        

grams of hashish; at least one hundred grams of crack cocaine; at  1,663        

least one thousand grams of cocaine that is not crack cocaine; at  1,664        

least two hundred fifty grams of heroin; at least five thousand    1,665        

                                                          39     

                                                                 
unit doses of L.S.D.; or at least one hundred times the amount of  1,667        

any other schedule I or II controlled substance other than         1,668        

marihuana that is necessary to commit a felony of the third        1,669        

degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or  1,670        

2925.11 of the Revised Code that is based on the possession of,    1,671        

sale of, or offer to sell the controlled substance.                1,672        

      (Z)  "Mandatory prison term" means either ANY of the         1,674        

following:                                                                      

      (1)  Subject to division (CC)(Z)(2) of this section, the     1,677        

term in prison that must be imposed for the offenses or            1,678        

circumstances set forth in divisions (F)(1) to (8) OR (F)(10) of   1,680        

section 2929.13 and division (D) of section 2929.14 of the         1,681        

Revised Code.  Except as provided in sections 2925.02, 2925.03,    1,683        

2925.04, 2925.05, and 2925.11 of the Revised Code, unless the      1,684        

maximum or another specific term is required under section         1,685        

2929.14 of the Revised Code, a mandatory prison term described in  1,686        

this division may be any prison term authorized for the level of   1,687        

offense.                                                                        

      (2)  The term of sixty days in prison that a sentencing      1,690        

court is required to impose for a fourth degree felony OMVI        1,691        

offense pursuant to division (G)(2) of section 2929.13 and         1,692        

division (A)(4) of section 4511.99 of the Revised Code.            1,693        

      (2)(3)  The term in prison imposed pursuant to section       1,695        

2971.03 of the Revised Code FOR THE OFFENSES AND IN THE            1,696        

CIRCUMSTANCES DESCRIBED IN DIVISION (F)(9) OF SECTION 2929.13 OF   1,697        

THE REVISED CODE and that term as modified or terminated pursuant  1,698        

to section 2971.05 of the Revised Code.                            1,699        

      (AA)  "Monitored time" means a period of time during which   1,702        

an offender continues to be under the control of the sentencing    1,703        

court or parole board, subject to no conditions other than         1,704        

leading a law abiding life.                                                     

      (BB)  "Offender" means a person who, in this state, is       1,707        

convicted of or pleads guilty to a felony or a misdemeanor.        1,708        

      (CC)  "Prison" means a residential facility used for the     1,711        

                                                          40     

                                                                 
confinement of convicted felony offenders that is under the        1,712        

control of the department of rehabilitation and correction BUT     1,713        

DOES NOT INCLUDE A VIOLATION SANCTION CENTER OPERATED UNDER                     

AUTHORITY OF SECTION 2967.141 OF THE REVISED CODE.                 1,714        

      (DD)  "Prison term" includes any of the following sanctions  1,717        

for an offender:                                                                

      (1)  A stated prison term;                                   1,719        

      (2)  A term in a prison shortened by, or with the approval   1,722        

of, the sentencing court pursuant to section 2929.20, 2967.26,     1,723        

2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code;      1,724        

      (3)  A term in prison extended by bad time imposed pursuant  1,727        

to section 2967.11 of the Revised Code or imposed for a violation  1,728        

of post-release control pursuant to section 2967.28 of the         1,729        

Revised Code.                                                                   

      (EE)  "Repeat violent offender" means a person about whom    1,732        

both of the following apply:                                                    

      (1)  The person has been convicted of or has pleaded guilty  1,735        

to, and is being sentenced for committing, for complicity in       1,736        

committing, or for an attempt to commit, aggravated murder,                     

murder, involuntary manslaughter, a felony of the first degree     1,737        

other than one set forth in Chapter 2925. of the Revised Code, a   1,741        

felony of the first degree set forth in Chapter 2925. of the       1,743        

Revised Code that involved an attempt to cause serious physical    1,745        

harm to a person or that resulted in serious physical harm to a    1,746        

person, or a felony of the second degree that involved an attempt  1,747        

to cause serious physical harm to a person or that resulted in     1,749        

serious physical harm to a person.                                              

      (2)  Either of the following applies:                        1,751        

      (a)  The person previously was convicted of or pleaded       1,753        

guilty to, and served a prison term for, any of the following:     1,754        

      (i)  Aggravated murder, murder, involuntary manslaughter,    1,756        

rape, felonious sexual penetration in violation of former section  1,757        

2907.12 of the Revised Code AS IT EXISTED PRIOR TO SEPTEMBER 3,    1,759        

1996, a felony of the first or second degree that resulted in the  1,760        

                                                          41     

                                                                 
death of a person or in physical harm to a person, or complicity   1,761        

in or an attempt to commit any of those offenses;                  1,762        

      (ii)  An offense under an existing or former law of this     1,765        

state, another state, or the United States that is or was          1,767        

substantially equivalent to an offense listed under division       1,768        

(EE)(2)(a)(i) of this section.                                     1,770        

      (b)  The person previously was adjudicated a delinquent      1,772        

child for committing an act that if committed by an adult would    1,773        

have been an offense listed in division (EE)(2)(a)(i) or (ii) of   1,775        

this section, the person was committed to the department of youth  1,776        

services for that delinquent act, and the juvenile court in which  1,777        

the person was adjudicated a delinquent child made a specific      1,778        

finding that the adjudication should be considered a conviction    1,780        

for purposes of a determination in the future pursuant to this                  

chapter as to whether the person is a repeat violent offender.     1,781        

      (FF)  "Sanction" means any penalty imposed upon an offender  1,784        

who is convicted of or pleads guilty to an offense, as punishment  1,785        

for the offense.  "Sanction" includes any sanction imposed         1,786        

pursuant to any provision of sections 2929.14 to 2929.18 of the    1,787        

Revised Code.                                                                   

      (GG)  "Sentence" means the sanction or combination of        1,790        

sanctions imposed by the sentencing court on an offender who is    1,791        

convicted of or pleads guilty to a felony.                                      

      (HH)  "Stated prison term" means the prison term, mandatory  1,794        

prison term, or combination of all prison terms and mandatory      1,795        

prison terms imposed by the sentencing court pursuant to section   1,796        

2929.14 or 2971.03 of the Revised Code.  "Stated prison term"      1,797        

includes any credit received by the offender for time spent in     1,798        

jail awaiting trial, sentencing, or transfer to prison for the     1,799        

offense, AND any time spent under house arrest or electronically   1,800        

monitored house arrest imposed after earning credits pursuant to   1,801        

section 2967.193 of the Revised Code.                              1,802        

      (II)  "Victim-offender mediation" means a reconciliation or  1,805        

mediation program that involves an offender and the victim of the  1,806        

                                                          42     

                                                                 
offense committed by the offender and that includes a meeting in   1,807        

which the offender and the victim may discuss the offense,         1,808        

discuss restitution, and consider other sanctions for the          1,809        

offense.                                                                        

      (OO)(JJ)  "Fourth degree felony OMVI offense" means a        1,812        

violation of division (A) of section 4511.19 of the Revised Code   1,814        

that, under section 4511.99 of the Revised Code, is a felony of    1,816        

the fourth degree.                                                              

      (PP)(KK)  "Mandatory term of local incarceration" means the  1,819        

term of sixty days in a jail, a community-based correctional       1,820        

facility, a halfway house, or an alternative residential facility  1,821        

that a sentencing court is required to impose upon a person who    1,822        

is convicted of or pleads guilty to a fourth degree felony OMVI    1,823        

offense pursuant to division (G)(1) of section 2929.13 of the      1,824        

Revised Code and division (A)(4) of section 4511.99 of the                      

Revised Code.                                                      1,825        

      (OO)(LL)  "Designated homicide, assault, or kidnapping       1,827        

offense," "sexual motivation specification," "sexually violent     1,828        

offense," "sexually violent predator," and "sexually violent       1,829        

predator specification" have the same meanings as in section       1,830        

2971.01 of the Revised Code.                                                    

      (PP)(MM)  "Habitual sex offender," "sexually oriented        1,832        

offense," and "sexual predator" have the same meanings as in       1,833        

section 2950.01 of the Revised Code.                               1,834        

      Sec. 2929.13.  (A)  Except as provided in division (E),      1,849        

(F), or (G) of this section and unless a specific sanction is      1,850        

required to be imposed or is precluded from being imposed          1,851        

pursuant to law, a court that imposes a sentence upon an offender  1,852        

for a felony may impose any sanction or combination of sanctions   1,853        

on the offender that are provided in sections 2929.14 to 2929.18   1,854        

of the Revised Code.  The sentence shall not impose an             1,855        

unnecessary burden on state or local government resources.         1,856        

      If the offender is eligible to be sentenced to community     1,858        

control sanctions, the court shall consider the appropriateness    1,860        

                                                          43     

                                                                 
of imposing a financial sanction pursuant to section 2929.18 of    1,861        

the Revised Code or a sanction of community service pursuant to    1,863        

section 2929.17 of the Revised Code as the sole sanction for the   1,864        

offense.  Except as otherwise provided in this division, if the    1,865        

court is required to impose a mandatory prison term for the        1,866        

offense for which sentence is being imposed, the court also may    1,867        

impose a financial sanction pursuant to section 2929.18 of the     1,868        

Revised Code but may not impose any additional sanction or         1,869        

combination of sanctions under section 2929.16 or 2929.17 of the   1,870        

Revised Code.                                                      1,871        

      If the offender is being sentenced for a fourth degree       1,873        

felony OMVI offense, in addition to the mandatory term of local    1,874        

incarceration or the mandatory prison term required for the        1,876        

offense by division (G)(1) or (2) of this section, the court       1,878        

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    1,881        

may impose whichever of the following is applicable:                            

      (1)  If division (G)(1) of this section requires that the    1,883        

offender be sentenced to a mandatory term of local incarceration,  1,884        

an additional community control sanction or combination of         1,886        

community control sanctions under section 2929.16 or 2929.17 of    1,887        

the Revised Code;                                                  1,888        

      (2)  If division (G)(2) of this section requires that the    1,890        

offender be sentenced to a mandatory prison term, an additional    1,891        

prison term as described in division (D)(4) of section 2929.14 of  1,892        

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  1,895        

(G) of this section, in sentencing an offender for a felony of     1,896        

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                1,898        

      (a)  In committing the offense, the offender caused          1,900        

physical harm to a person.                                         1,901        

      (b)  In committing the offense, the offender attempted to    1,904        

cause or made an actual threat of physical harm to a person with   1,905        

                                                          44     

                                                                 
a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    1,908        

cause or made an actual threat of physical harm to a person, and   1,909        

the offender previously was convicted of an offense that caused    1,910        

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  1,913        

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    1,914        

or to bring those committing it to justice; or the offender's      1,915        

professional reputation or position facilitated the offense or     1,916        

was likely to influence the future conduct of others.              1,917        

      (e)  The offender committed the offense for hire or as part  1,919        

of an organized criminal activity.                                 1,920        

      (f)  The offense is a sex offense that is a fourth or fifth  1,923        

degree felony violation of section 2907.03, 2907.04, 2907.05,      1,924        

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  1,925        

Revised Code.                                                                   

      (g)  The offender previously served a prison term.           1,927        

      (h)  The offender previously was subject to a community      1,929        

control sanction, and the offender committed another offense       1,931        

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   1,934        

(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section   1,935        

and if the court, after considering the factors set forth in       1,936        

section 2929.12 of the Revised Code, finds that a prison term is   1,938        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    1,940        

offender is not amenable to an available community control         1,941        

sanction, the court shall impose a prison term upon the offender.  1,942        

      (b)  Except as provided in division (E), (F), or (G) of      1,944        

this section, if the court does not make a finding described in    1,946        

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   1,947        

section and if the court, after considering the factors set forth  1,948        

in section 2929.12 of the Revised Code, finds that a community     1,950        

                                                          45     

                                                                 
control sanction or combination of community control sanctions is  1,952        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      1,955        

impose a community control sanction or combination of community    1,956        

control sanctions upon the offender.                               1,957        

      (C)  Except as provided in division (E) or (F) of this       1,960        

section, in determining whether to impose a prison term as a       1,961        

sanction for a felony of the third degree or a felony drug         1,962        

offense that is a violation of a provision of Chapter 2925. of     1,964        

the Revised Code and that is specified as being subject to this    1,967        

division for purposes of sentencing, the sentencing court shall    1,968        

comply with the purposes and principles of sentencing under        1,969        

section 2929.11 of the Revised Code and with section 2929.12 of    1,972        

the Revised Code.                                                               

      (D)  Except as provided in division (E) or (F) of this       1,975        

section, for a felony of the first or second degree and for a      1,976        

felony drug offense that is a violation of any provision of        1,977        

Chapter 2925., 3719., or 4729. of the Revised Code for which a     1,978        

presumption in favor of a prison term is specified as being        1,979        

applicable, it is presumed that a prison term is necessary in      1,980        

order to comply with the purposes and principles of sentencing     1,981        

under section 2929.11 of the Revised Code.  Notwithstanding the    1,982        

presumption established under this division, the sentencing court  1,983        

may impose a community control sanction or a combination of        1,984        

community control sanctions instead of a prison term on an         1,985        

offender for a felony of the first or second degree or for a       1,986        

felony drug offense that is a violation of any provision of        1,987        

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        1,988        

applicable if it makes both of the following findings:             1,990        

      (1)  A community control sanction or a combination of        1,992        

community control sanctions would adequately punish the offender   1,994        

and protect the public from future crime, because the applicable   1,995        

factors under section 2929.12 of the Revised Code indicating a     1,997        

                                                          46     

                                                                 
lesser likelihood of recidivism outweigh the applicable factors    1,999        

under that section indicating a greater likelihood of recidivism.  2,001        

      (2)  A community control sanction or a combination of        2,003        

community control sanctions would not demean the seriousness of    2,005        

the offense, because one or more factors under section 2929.12 of  2,006        

the Revised Code that indicate that the offender's conduct was     2,007        

less serious than conduct normally constituting the offense are    2,008        

applicable, and they outweigh the applicable factors under that    2,009        

section that indicate that the offender's conduct was more         2,010        

serious than conduct normally constituting the offense.            2,011        

      (E)(1)  Except as provided in division (F) of this section,  2,014        

for any drug offense that is a violation of any provision of       2,015        

Chapter 2925. of the Revised Code and that is a felony of the      2,016        

third, fourth, or fifth degree, the applicability of a             2,017        

presumption under division (D) of this section in favor of a       2,018        

prison term or of division (B) or (C) of this section in           2,019        

determining whether to impose a prison term for the offense shall  2,021        

be determined as specified in section 2925.02, 2925.03, 2925.04,   2,022        

2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or  2,023        

2925.37 of the Revised Code, whichever is applicable regarding     2,025        

the violation.                                                                  

      (2)  If an offender who was convicted of or pleaded guilty   2,027        

to a felony drug offense in violation of a provision of Chapter    2,028        

2925., 3719., or 4729. of the Revised Code violates the            2,029        

conditions of a community control sanction imposed for the         2,030        

offense solely by possession or using a controlled substance and   2,031        

if the offender has not failed to meet the conditions of any drug  2,032        

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           2,033        

punishment for the violation of the sanction, shall order that     2,034        

the offender participate in a drug treatment program or in         2,035        

alcoholics anonymous, narcotics anonymous, or a similar program    2,036        

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      2,037        

                                                          47     

                                                                 
forth in section 2929.11 of the Revised Code.  If the court        2,038        

determines that an order of that nature would not be consistent    2,039        

with those purposes and principles or if the offender violated     2,040        

the conditions of a drug treatment program in which the offender   2,041        

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     2,042        

sanction, including a prison term.                                 2,043        

      (F)  Notwithstanding divisions (A) to (E) of this section,   2,046        

the court shall impose a prison term or terms under sections       2,047        

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     2,048        

Revised Code and except as specifically provided in section        2,049        

2929.20 of the Revised Code or when parole is authorized for the   2,050        

offense under section 2967.13 of the Revised Code, shall not       2,051        

reduce the terms pursuant to section 2929.20, section 2967.193,    2,052        

or any other provision of Chapter 2967. or Chapter 5120. of the    2,054        

Revised Code for any of the following offenses:                    2,055        

      (1)  Aggravated murder when death is not imposed or murder;  2,057        

      (2)  Rape or an attempt to commit rape by force when the     2,059        

victim is under thirteen years of age;                             2,060        

      (3)  Gross sexual imposition or sexual battery, if the       2,062        

victim is under thirteen years of age, if the offender previously  2,064        

was convicted of or pleaded guilty to rape, felonious sexual       2,065        

penetration, gross sexual imposition, or sexual battery, and if    2,067        

the victim of the previous offense was under thirteen years of                  

age;                                                                            

      (4)  A felony violation of section 2903.06, 2903.07, or      2,070        

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       2,071        

      (5)  A first, second, or third degree felony drug offense    2,074        

for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,                  

2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or  2,075        

4729.99 of the Revised Code, whichever is applicable regarding     2,077        

the violation, requires the imposition of a mandatory prison       2,078        

term;                                                                           

                                                          48     

                                                                 
      (6)  Any offense that is a first or second degree felony     2,080        

and that is not set forth in division (F)(1), (2), (3), or (4) of  2,082        

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   2,084        

degree felony, or an offense under an existing or former law of    2,085        

this state, another state, or the United States that is or was     2,086        

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  2,088        

of the Revised Code, that is a felony, if the offender had a       2,089        

firearm on or about the offender's person or under the offender's  2,090        

control while committing the felony, with respect to a portion of  2,091        

the sentence imposed pursuant to division (D)(1)(a) of section     2,093        

2929.14 of the Revised Code for having the firearm;                             

      (8)  Corrupt activity in violation of section 2923.32 of     2,095        

the Revised Code when the most serious offense in the pattern of   2,097        

corrupt activity that is the basis of the offense is a felony of   2,098        

the first degree;                                                               

      (9)  Any sexually violent offense for which the offender     2,100        

also is convicted of or pleads guilty to a sexually violent        2,101        

predator specification that was included in the indictment, count  2,102        

in the indictment, or information charging the sexually violent    2,103        

offense;                                                                        

      (10)  A VIOLATION OF DIVISION (A)(1) OR (2) OF SECTION       2,105        

2921.36 OF THE REVISED CODE, OR A VIOLATION OF DIVISION (C) OF     2,106        

THAT SECTION INVOLVING AN ITEM LISTED IN DIVISION (A)(1) OR (2)    2,107        

OF THAT SECTION, IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE  2,108        

DEPARTMENT OF REHABILITATION AND CORRECTION.                       2,109        

      (G)  Notwithstanding divisions (A) to (E) of this section,   2,112        

if an offender is being sentenced for a fourth degree felony OMVI  2,113        

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          2,114        

accordance with the following:                                     2,115        

      (1)  Except as provided in division (G)(2) of this section,  2,117        

the court shall impose upon the offender a mandatory term of       2,118        

                                                          49     

                                                                 
local incarceration of sixty days as specified in division (A)(4)  2,119        

of section 4511.99 of the Revised Code and shall not reduce the    2,120        

term pursuant to section 2929.20, 2967.193, or any other           2,121        

provision of the Revised Code.  The court that imposes a           2,122        

mandatory term of local incarceration under this division shall    2,124        

specify whether the term is to be served in a jail, a              2,125        

community-based correctional facility, a halfway house, or an      2,126        

alternative residential facility, and the offender shall serve     2,127        

the term in the type of facility specified by the court.  The      2,128        

court shall not sentence the offender to a prison term and shall   2,129        

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          2,130        

incarceration imposed under division (G)(1) of this section is     2,131        

not subject to extension under section 2967.11 of the Revised      2,132        

Code, to a period of post-release control under section 2967.28    2,133        

of the Revised Code, or to any other Revised Code provision that   2,134        

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      2,136        

mandatory term of local incarceration pursuant to division (G)(1)  2,137        

of this section for a fourth degree felony OMVI offense, the       2,138        

court shall impose upon the offender a mandatory prison term of    2,139        

sixty days as specified in division (A)(4) of section 4511.99 of   2,140        

the Revised Code and shall not reduce the term pursuant to         2,141        

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    2,142        

to a mandatory term of local incarceration pursuant to division    2,143        

(G)(1) of this section for a fourth degree felony OMVI offense be  2,144        

sentenced to another mandatory term of local incarceration under   2,145        

that division for a fourth degree felony OMVI offense.  The court  2,146        

shall not sentence the offender to a community control sanction    2,147        

under section 2929.16 or 2929.17 of the Revised Code.  The         2,148        

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     2,149        

intensive program prison established pursuant to section 5120.033  2,150        

                                                          50     

                                                                 
of the Revised Code if the department gave the sentencing judge    2,151        

prior notice of its intent to place the offender in an intensive   2,152        

program prison established under that section and if the judge     2,153        

did not notify the department that the judge disapproved the       2,154        

placement.                                                                      

      (G)(H)  If an offender is being sentenced for a sexually     2,157        

oriented offense committed on or after the effective date of this  2,158        

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   2,159        

the Revised Code if either of the following applies:               2,161        

      (1)  The offense was a sexually violent offense, and the     2,163        

offender also was convicted of or pleaded guilty to a sexually     2,164        

violent predator specification that was included in the            2,165        

indictment, count in the indictment, or information charging the   2,166        

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   2,168        

offense determines pursuant to division (B) of section 2950.09 of  2,169        

the Revised Code that the offender is a sexual predator.           2,170        

      (H)(I)  If an offender is being sentenced for a sexually     2,173        

oriented offense committed on or after the effective date of this  2,174        

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     2,175        

the Revised Code, the offender's duty to provide notice of a       2,176        

change in residence address and register the new residence         2,177        

address pursuant to section 2950.05 of the Revised Code, the       2,178        

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       2,179        

Code, and the duration of the duties.  The judge shall inform the  2,180        

offender, at the time of sentencing, of those duties and of their  2,181        

duration and, if required under division (A)(2) of section         2,182        

2950.03 of the Revised Code, shall perform the duties specified    2,183        

in that section.                                                   2,184        

      Sec. 2929.23.  (A)  As used in this section:                 2,193        

      (1)  "Electronic monitoring device" means either of the      2,195        

                                                          51     

                                                                 
following:                                                         2,196        

      (a)  Any device that can be operated by electrical or        2,198        

battery power and that conforms with all of the following:         2,199        

      (i)  The device has a transmitter that can be attached to a  2,201        

person, that will transmit a specified signal to a receiver of     2,202        

the type described in division (A)(1)(a)(ii) of this section if    2,203        

the transmitter is removed from the person, turned off, or         2,204        

altered in any manner without prior court approval in relation to  2,205        

electronically monitored house arrest or electronically monitored  2,206        

house detention or without prior approval of the department of     2,207        

rehabilitation and correction in relation to electronically        2,208        

monitored early release THE USE OF AN ELECTRONIC MONITORING        2,209        

DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL or otherwise is       2,210        

tampered with, that can transmit continuously and periodically a   2,211        

signal to that receiver when the person is within a specified      2,212        

distance from the receiver, and that can transmit an appropriate   2,213        

signal to that receiver if the person to whom it is attached       2,214        

travels a specified distance from that receiver.                   2,215        

      (ii)  The device has a receiver that can receive             2,217        

continuously the signals transmitted by a transmitter of the type  2,218        

described in division (A)(1)(a)(i) of this section, can transmit   2,219        

continuously those signals by telephone to a central monitoring    2,220        

computer of the type described in division (A)(1)(a)(iii) of this  2,221        

section, and can transmit continuously an appropriate signal to    2,222        

that central monitoring computer if the receiver is turned off or  2,223        

altered without prior court approval or otherwise tampered with.   2,224        

      (iii)  The device has a central monitoring computer that     2,226        

can receive continuously the signals transmitted by telephone by   2,227        

a receiver of the type described in division (A)(1)(a)(ii) of      2,228        

this section and can monitor continuously the person to whom an    2,229        

electronic monitoring device of the type described in division     2,230        

(A)(1)(a) of this section is attached.                             2,231        

      (b)  Any device that is not a device of the type described   2,233        

in division (A)(1)(a) of this section and that conforms with all   2,234        

                                                          52     

                                                                 
of the following:                                                  2,235        

      (i)  The device includes a transmitter and receiver that     2,237        

can monitor and determine the location of a subject person at any  2,238        

time, or at a designated point in time, through the use of a       2,239        

central monitoring computer or through other electronic means;     2,240        

      (ii)  The device includes a transmitter and receiver that    2,242        

can determine at any time, or at a designated point in time,       2,243        

through the use of a central monitoring computer or other          2,244        

electronic means the fact that the transmitter is turned off or    2,245        

altered in any manner without prior approval of the court in       2,246        

relation to electronically monitored house arrest or               2,247        

electronically monitored house detention or without prior          2,248        

approval of the department of rehabilitation and correction in     2,249        

relation to electronically monitored early release THE USE OF AN   2,250        

ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL         2,251        

CONTROL or otherwise is tampered with.                             2,253        

      (2)  "Certified electronic monitoring device" means an       2,255        

electronic monitoring device that has been certified by the        2,256        

superintendent of the bureau of criminal identification and        2,257        

investigation pursuant to division (C)(1) of this section.         2,258        

      (3)  "Eligible offender" means a person who has been         2,260        

convicted of or pleaded guilty to any offense, except that a       2,261        

person is not an "eligible offender" if any of the following       2,263        

apply in relation to the person, the offense, or the person and    2,264        

the offense:                                                       2,265        

      (a)  The person is subject to or is serving a term of life   2,267        

imprisonment.                                                                   

      (b)  The person is subject to or is serving a mandatory      2,269        

prison term imposed under division (F) of section 2929.13,         2,270        

division (D) of section 2929.14, or any other section of the       2,271        

Revised Code, provided that, after the person has served all of    2,272        

the mandatory prison terms so imposed, the person may be an        2,273        

eligible offender unless excluded by division (A)(3)(a), (c) or    2,274        

(d) of this section.                                               2,275        

                                                          53     

                                                                 
      (c)  The offense is a violation of division (A) of section   2,278        

4511.19 of the Revised Code, and the offender is sentenced for                  

that offense pursuant to division (G)(1) of section 2929.13 of     2,279        

the Revised Code and is serving the mandatory term of local        2,281        

incarceration of sixty consecutive days of imprisonment imposed    2,282        

under that division, provided that, after the person has served    2,283        

all of the mandatory term of local incarceration so imposed, the                

person may be an eligible offender unless excluded by division     2,284        

(A)(3)(a), (b), or (d) of this section.                            2,286        

      (d)  The offense is a violation of division (A) of section   2,289        

4511.19 of the Revised Code, and the person is sentenced for that  2,290        

offense pursuant to division (G)(2) of section 2929.13 of the      2,291        

Revised Code.                                                      2,292        

      (4)  "Electronically monitored house arrest" means a period  2,294        

of confinement of an eligible offender in the eligible offender's  2,296        

home or in other premises specified by the sentencing court,       2,297        

during which period of confinement all of the following apply:     2,298        

      (a)  The eligible offender wears, otherwise has attached to  2,300        

the eligible offender's person, or otherwise is subject to         2,301        

monitoring by a certified electronic monitoring device, or the     2,303        

eligible offender is subject to monitoring by a certified          2,305        

electronic monitoring system;                                                   

      (b)  The eligible offender is required to remain in the      2,307        

eligible offender's home or other premises specified by the        2,308        

sentencing court for the specified period of confinement, except   2,309        

for periods of time during which the eligible offender is at the   2,311        

eligible offender's place of employment or at other premises as    2,312        

authorized by the sentencing court;                                             

      (c)  The eligible offender is subject to monitoring by a     2,314        

central system that monitors the certified electronic monitoring   2,315        

device that is attached to the eligible offender's person or that  2,317        

otherwise is being used to monitor the eligible offender and that  2,318        

can monitor and determine the eligible offender's location at any  2,320        

time or at a designated point in time, or the eligible offender    2,321        

                                                          54     

                                                                 
is required to participate in monitoring by a certified            2,322        

electronic monitoring system;                                      2,323        

      (d)  The eligible offender is required by the sentencing     2,325        

court to report periodically to a person designated by the court;  2,326        

      (e)  The eligible offender is subject to any other           2,328        

restrictions and requirements that may be imposed by the           2,329        

sentencing court.                                                  2,330        

      (5)  "Electronic monitoring system" means a system by which  2,332        

the location of an eligible offender can be verified               2,333        

telephonically through the use of voice-activated voice response   2,334        

technology that conforms with all of the following:                2,335        

      (a)  It can be programmed to call the telephone or           2,337        

telephones assigned to the eligible offender who is the subject    2,339        

of the monitoring as often as necessary;                           2,340        

      (b)  It is equipped with a voice recognition system that     2,342        

can work accurately and reliably under the anticipated conditions  2,343        

in which it will operate;                                          2,344        

      (c)  It is equipped to perform an alarm function if the      2,346        

eligible offender who is the subject of monitoring does not        2,348        

respond to system commands in the manner required.                 2,349        

      (6)  "Certified electronic monitoring system" means an       2,351        

electronic monitoring system that has been certified by the        2,352        

superintendent of the bureau of criminal identification and        2,353        

investigation pursuant to division (C)(1) of this section.         2,354        

      (7)  "Electronically monitored house detention" has the      2,356        

same meaning as in section 2151.355 of the Revised Code.           2,357        

      (8)  "Electronically monitored early release" has the same   2,359        

meaning as in section 5120.071 of the Revised Code TRANSITIONAL    2,360        

CONTROL" MEANS THE PROGRAM OF TRANSITIONAL CONTROL ESTABLISHED BY  2,361        

THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION      2,362        

2967.26 OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A       2,363        

PROGRAM OF THAT NATURE UNDER THAT SECTION.                                      

      (B)(1)  Any court may impose as a sanction pursuant to       2,365        

sections 2929.15 and 2929.17 of the Revised Code a period of       2,366        

                                                          55     

                                                                 
electronically monitored house arrest upon an eligible offender    2,367        

who is convicted of or pleads guilty to a felony, except that the  2,368        

total of any period of electronically monitored house arrest       2,369        

imposed upon that eligible offender plus the period of all other   2,370        

sanctions imposed upon the same eligible offender pursuant to      2,371        

sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised     2,372        

Code shall not exceed five years.  Any court may impose a period   2,373        

of electronically monitored house arrest upon an eligible          2,374        

offender who is convicted of or pleads guilty to a misdemeanor in  2,375        

addition to or in lieu of any other sentence imposed or            2,376        

authorized for the offense, except that the total of any period    2,377        

of electronically monitored house arrest imposed upon that         2,378        

eligible offender plus the period of any sentence of imprisonment  2,379        

imposed upon the same eligible offender shall not exceed the       2,380        

maximum term of imprisonment that could be imposed upon the        2,381        

eligible offender pursuant to section 2929.21 of the Revised Code  2,382        

and except that, if the offense for which an eligible offender is  2,383        

being sentenced is a violation of division (A) of section 4511.19  2,384        

or of division (D)(2) of section 4507.02 of the Revised Code, the  2,385        

court may impose a period of electronically monitored house        2,386        

arrest upon the eligible offender only when authorized by and      2,387        

only in the circumstances described in division (A) of section     2,388        

4511.99 or division (B) of section 4507.99 of the Revised Code.    2,389        

      If a court imposes a period of electronically monitored      2,391        

house arrest upon an eligible offender, it shall require the       2,392        

eligible offender to wear, otherwise have attached to the          2,393        

eligible offender's person, or otherwise be subject to monitoring  2,395        

by a certified electronic monitoring device or to participate in   2,396        

the operation of and monitoring by a certified electronic          2,397        

monitoring system; to remain in the eligible offender's home or    2,398        

other specified premises for the entire period of electronically   2,400        

monitored house arrest except when the court permits the eligible  2,401        

offender to leave those premises to go to the eligible offender's  2,402        

place of employment or to other specified premises; to be          2,403        

                                                          56     

                                                                 
monitored by a central system that monitors the certified          2,404        

electronic monitoring device that is attached to the eligible      2,405        

offender's person or that otherwise is being used to monitor the   2,407        

eligible offender and that can monitor and determine the eligible  2,409        

offender's location at any time or at a designated point in time   2,411        

or to be monitored by the certified electronic monitoring system;  2,412        

to report periodically to a person designated by the court; and,   2,413        

in return for receiving a period of electronically monitored       2,414        

house arrest, to enter into a written contract with the court      2,415        

agreeing to comply with all restrictions and requirements imposed  2,416        

by the court, agreeing to pay any fee imposed by the court for     2,417        

the costs of the electronically monitored house arrest imposed by  2,418        

the court pursuant to division (E) of this section, and agreeing   2,419        

to waive the right to receive credit for any time served on        2,420        

electronically monitored house arrest toward any prison term or                 

sentence of imprisonment imposed upon the eligible offender for    2,422        

the offense for which the period of electronically monitored       2,423        

house arrest was imposed if the eligible offender violates any of  2,424        

the restrictions or requirements of the period of electronically   2,426        

monitored house arrest, and additionally, it may impose any other  2,427        

reasonable restrictions and requirements upon the eligible         2,428        

offender.                                                                       

      (2)  If an eligible offender violates any of the             2,430        

restrictions or requirements imposed upon the eligible offender    2,431        

as part of the eligible offender's period of electronically        2,433        

monitored house arrest, the eligible offender shall not receive    2,434        

credit for any time served on electronically monitored house       2,435        

arrest toward any prison term or sentence of imprisonment imposed  2,436        

upon the eligible offender for the offense for which the period    2,438        

of electronically monitored house arrest was imposed.              2,439        

      (C)(1)  The superintendent of the bureau of criminal         2,441        

identification and investigation, in accordance with this section  2,442        

and rules adopted by the superintendent pursuant to division       2,443        

(C)(2) of this section, shall certify for use in cases of          2,444        

                                                          57     

                                                                 
electronically monitored house arrest, IN electronically           2,445        

monitored house detention, and electronically monitored early      2,446        

release IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL specific  2,447        

types and brands of electronic monitoring devices and electronic   2,448        

monitoring systems that comply with the requirements of this       2,449        

section, section 5120.073 of the Revised Code, and those rules.    2,450        

Any manufacturer that, pursuant to this division, seeks to obtain  2,451        

the certification of any type or brand of electronic monitoring    2,452        

device or electronic monitoring system shall submit to the         2,453        

superintendent an application for certification in accordance      2,454        

with those rules together with the application fee and costs of    2,455        

certification as required by those rules.  The superintendent      2,456        

shall not certify any electronic monitoring device or electronic   2,457        

monitoring system pursuant to this division unless the             2,458        

application fee and costs have been paid to the superintendent.    2,459        

      (2)  The superintendent, in accordance with Chapter 119. of  2,461        

the Revised Code, shall adopt rules for certifying specific types  2,462        

and brands of electronic monitoring devices and electronic         2,463        

monitoring systems for use in electronically monitored house       2,464        

arrest, IN electronically monitored house detention, and           2,465        

electronically monitored early release IN RELATION TO AN INMATE    2,466        

ON TRANSITIONAL CONTROL.  The rules shall set forth the            2,468        

requirements for obtaining the certification, the application fee  2,469        

and other costs for obtaining the certification, the procedure     2,470        

for applying for certification, and any other requirements and     2,471        

procedures considered necessary by the superintendent.  The rules  2,472        

shall require that no type or brand of electronic monitoring       2,473        

device or electronic monitoring system be certified unless the     2,474        

type or brand of device or system complies with whichever of the   2,475        

following is applicable, in addition to any other requirements     2,476        

specified by the superintendent:                                                

      (a)  For electronic monitoring devices of the type           2,478        

described in division (A)(1)(a) of this section, the type or       2,479        

brand of device complies with all of the following:                2,480        

                                                          58     

                                                                 
      (i)  It has a transmitter of the type described in division  2,482        

(A)(1)(a)(i) of this section, a receiver of the type described in  2,483        

division (A)(1)(a)(ii) of this section, and a central monitoring   2,484        

computer of the type described in division (A)(1)(a)(iii) of this  2,485        

section;                                                           2,486        

      (ii)  Its transmitter can be worn by or attached to a        2,488        

person with a minimum of discomfort during normal activities, is   2,489        

difficult to remove, turn off, or otherwise alter without prior    2,490        

court approval in relation to electronically monitored house       2,491        

arrest or electronically monitored house detention or prior        2,492        

approval of the department of rehabilitation and correction in     2,493        

relation to electronically monitored early release THE USE OF AN   2,494        

ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL         2,495        

CONTROL, and will transmit a specified signal to the receiver if   2,497        

it is removed, turned off, altered, or otherwise tampered with;    2,498        

      (iii)  Its receiver is difficult to turn off or alter and    2,500        

will transmit a signal to the central monitoring computer if it    2,501        

is turned off, altered, or otherwise tampered with;                2,502        

      (iv)  Its central monitoring computer is difficult to        2,504        

circumvent;                                                        2,505        

      (v)  Its transmitter, receiver, and central monitoring       2,507        

computer work accurately and reliably under the anticipated        2,508        

conditions under which electronically monitored house arrest or    2,509        

electronically monitored house detention will be imposed by        2,510        

courts or under which electronically monitored early release AN    2,511        

ELECTRONIC MONITORING DEVICE will be used by the department of     2,513        

rehabilitation and correction IN RELATION TO AN INMATE ON          2,514        

TRANSITIONAL CONTROL;                                                           

      (vi)  It has a backup battery power supply that operates     2,516        

automatically when the main source of electrical or battery power  2,517        

for the device fails.                                              2,518        

      (b)  For electronic monitoring devices of the type           2,520        

described in division (A)(1)(b) of this section, the type or       2,521        

brand of device complies with all of the following:                2,522        

                                                          59     

                                                                 
      (i)  It has a transmitter and receiver of the type           2,524        

described in divisions (A)(1)(b)(i) and (ii) of this section.      2,525        

      (ii)  Its transmitter is difficult to turn off or alter      2,527        

without prior court approval in relation to electronically         2,528        

monitored house arrest or electronically monitored house           2,529        

detention or without prior approval of the department of           2,530        

rehabilitation and correction in relation to electronically        2,531        

monitored early release THE USE OF AN ELECTRONIC MONITORING        2,532        

DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL, and, if the          2,533        

transmitter is turned off or altered in any manner without prior   2,535        

approval of the court or department or otherwise is tampered       2,536        

with, the fact that it has been turned off, altered, or tampered   2,537        

with can be determined at any time, or at a designated point in    2,538        

time, through the use of a central monitoring computer or through  2,539        

other electronic means.                                                         

      (iii)  Its receiver is difficult to turn off or alter, and,  2,541        

if the receiver is turned off, altered, or otherwise tampered      2,542        

with, the fact that it has been turned off, altered, or tampered   2,543        

with can be determined at any time, or at a designated point in    2,544        

time, through the use of a central monitoring computer or through  2,545        

other electronic means.                                            2,546        

      (iv)  Its central monitoring computer or other means of      2,548        

electronic monitoring is difficult to circumvent.                  2,549        

      (v)  Its transmitter, receiver, and central monitoring       2,551        

computer or other means of electronic monitoring work accurately   2,552        

and reliably under the anticipated conditions under which          2,553        

electronically monitored house arrest, OR electronically           2,554        

monitored house detention WILL BE USED, or electronically          2,556        

monitored early release UNDER WHICH AN ELECTRONIC MONITORING       2,557        

DEVICE will be used BY THE DEPARTMENT OF REHABILITATION AND        2,558        

CORRECTION IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL.       2,559        

      (vi)  If it operates on electrical or battery power, it has  2,561        

a backup battery power supply that operates automatically when     2,562        

the main source of electrical or battery power for the device      2,563        

                                                          60     

                                                                 
fails, or, if it does not operate on electrical or battery power,  2,564        

it has a backup method of operation so that it will continue to    2,565        

operate if its main method of operation fails.                     2,566        

      (c)  For electronic monitoring systems, the type or brand    2,568        

of system complies with all of the following:                      2,569        

      (i)  It can be programmed to call the telephone or           2,571        

telephones assigned to the person who is the subject of the        2,572        

monitoring as often as necessary;                                  2,573        

      (ii)  It is equipped with a voice recognition system that    2,575        

can work accurately and reliably under the anticipated conditions  2,576        

in which it will operate;                                          2,577        

      (iii)  It is equipped to perform an alarm function if the    2,579        

person who is the subject of the monitoring does not respond to    2,580        

system commands in the manner required.                            2,581        

      (3)  The superintendent shall publish and make available to  2,583        

all courts and to the department of rehabilitation and             2,584        

correction, without charge, a list of all types and brands of      2,585        

electronic monitoring devices and electronic monitoring systems    2,586        

that have been certified by the superintendent pursuant to         2,587        

division (C)(1) of this section and information about the          2,588        

manufacturers of the certified devices and systems and places at   2,589        

which the devices and systems can be obtained.                     2,590        

      (D)  The superintendent of the bureau of criminal            2,592        

identification and investigation shall deposit all costs and fees  2,593        

collected pursuant to division (C) of this section into the        2,595        

general revenue fund.                                                           

      (E)(1)  Each county in which is located a court that         2,597        

imposes a period of electronically monitored house arrest or       2,598        

electronically monitored house detention as a sentencing sanction  2,599        

or alternative may establish in the county treasury an             2,601        

electronically monitored house arrest and detention fund.  The     2,602        

clerk of each court that uses that sentencing sanction or          2,603        

alternative may deposit into the fund all fees collected from      2,605        

eligible offenders upon whom electronically monitored house        2,606        

                                                          61     

                                                                 
arrest or detention is imposed pursuant to this section, section   2,607        

2151.355, or any other section of the Revised Code that            2,608        

specifically authorizes the imposition of electronically           2,609        

monitored house arrest or detention.  Each court that imposes      2,610        

electronically monitored house arrest or detention may adopt by    2,611        

local court rule a reasonable daily fee to be paid by each         2,612        

eligible offender upon whom a period of electronically monitored                

house arrest or detention is imposed as a sentencing sanction or   2,613        

alternative.  The fee may include the actual costs of providing    2,615        

house arrest or detention and an additional amount necessary to    2,616        

enable the court to provide electronically monitored house arrest  2,617        

or detention to indigent eligible offenders.  The fund may be      2,618        

used only for the payment of the costs of electronically           2,619        

monitored house arrest or detention, including, but not limited    2,620        

to, the costs of electronically monitored house arrest or          2,621        

detention for indigent eligible offenders.                                      

      (2)  If a fee is adopted pursuant to division (E)(1) of      2,623        

this section, it shall be in addition to any fine specifically     2,624        

authorized or required by any other section of the Revised Code    2,625        

for an eligible offender upon whom a period of electronically      2,626        

monitored house arrest or detention is imposed as a sentencing     2,627        

sanction or alternative.                                                        

      Sec. 2930.16.  (A)  If a defendant is incarcerated, a        2,637        

victim in a case who has requested to receive notice under this                 

section shall be given notice of the incarceration of the          2,638        

defendant.  Promptly after sentence is imposed upon the            2,639        

defendant, the prosecutor in the case shall notify the victim of   2,640        

the date on which the defendant will be released from confinement  2,641        

or the prosecutor's reasonable estimate of that date.  The         2,642        

prosecutor also shall notify the victim of the name of the         2,643        

custodial agency of the defendant and tell the victim how to       2,644        

contact that custodial agency.  The victim shall keep the          2,645        

custodial agency informed of the victim's current address and      2,646        

telephone number.                                                               

                                                          62     

                                                                 
      (B)(1)  Upon the victim's request, the prosecutor promptly   2,648        

shall notify the victim of any hearing for judicial release of     2,650        

the defendant pursuant to section 2929.20 of the Revised Code and  2,651        

of the victim's right to make a statement under that section.      2,652        

The court shall notify the victim of its ruling in each of those   2,653        

hearings and on each of those applications.                        2,654        

      (2)  Upon the request of a victim of a crime that is a       2,656        

sexually violent offense and that is committed by a sexually       2,657        

violent predator who is sentenced to a prison term pursuant to     2,658        

division (A)(3) of section 2971.03 of the Revised Code, the        2,659        

prosecutor promptly shall notify the victim of any hearing to be   2,660        

conducted pursuant to section 2971.05 of the Revised Code to       2,661        

determine whether to modify the requirement that the offender      2,662        

serve the entire prison term in a state correctional facility in   2,663        

accordance with division (C) of that section, whether to           2,665        

continue, revise, or revoke any existing modification of that      2,666        

requirement, or whether to terminate the prison term in                         

accordance with division (D) of that section.  The court shall     2,668        

notify the victim of any order issued at the conclusion of the     2,669        

hearing.  As used in this division, "sexually violent offense"     2,671        

and "sexually violent predator" have the same meanings as in       2,672        

section 2971.01 of the Revised Code.                                            

      (C)  Upon the victim's request made at any time before the   2,674        

particular notice would be due, the custodial agency of a          2,675        

defendant shall give the victim any of the following notices that  2,677        

is applicable:                                                                  

      (1)  At least three weeks before the adult parole authority  2,679        

recommends a pardon or commutation of sentence for the defendant   2,681        

or at least three weeks prior to a hearing before the adult        2,682        

parole authority regarding a grant of parole to the defendant,     2,683        

notice of the victim's right to submit a statement regarding the   2,684        

impact of the defendant's release in accordance with section       2,685        

2967.12 of the Revised Code and, if applicable, of the victim's    2,686        

right to appear at a full board hearing of the parole board to                  

                                                          63     

                                                                 
give testimony as authorized by section 5149.101 of the Revised    2,687        

Code;                                                                           

      (2)  At least three weeks before the defendant is granted a  2,689        

furlough TRANSFERRED TO TRANSITIONAL CONTROL under section         2,691        

2967.26 or under divisions (A)(1)(c) to (g) of section 2967.27 of  2,692        

the Revised Code or as soon as practicable before the defendant    2,693        

is granted a furlough under division (A)(1)(a) or (b) of section   2,694        

2967.27 of the Revised Code, notice of the pendency of the         2,695        

furlough TRANSFER and of the victim's right under those sections   2,698        

THAT SECTION to submit a statement regarding the impact of the     2,699        

release TRANSFER;                                                               

      (3)  At least three weeks before the defendant is permitted  2,701        

to serve a portion of the defendant's sentence as a period of      2,704        

electronically monitored early release pursuant to section         2,705        

5120.073 of the Revised Code, notice of the pendency of the        2,706        

electronically monitored early release;                                         

      (4)  Prompt notice of the defendant's escape from a          2,709        

facility of the custodial agency in which the defendant was        2,710        

incarcerated, of the defendant's absence without leave from a                   

mental health or mental retardation and developmental              2,712        

disabilities facility or from other custody, and of the capture    2,713        

of the defendant after an escape or absence;                       2,714        

      (5)(4)  Notice of the defendant's death while in custody;    2,716        

      (6)(5)  Notice of the defendant's release from confinement   2,718        

and the TERMS AND conditions of the release.                       2,720        

      Sec. 2941.39.  When a convict in a state correctional        2,729        

institution is indicted for a felony committed while confined in   2,730        

the correctional institution, he THE CONVICT shall remain in the   2,731        

custody of the warden or superintendent of the institution         2,732        

subject to the order of the court of common pleas of the county    2,733        

in which the institution is located DEPARTMENT OF REHABILITATION   2,734        

AND CORRECTION, SUBJECT TO SECTIONS 2941.40 TO 2941.46 OF THE      2,735        

REVISED CODE.                                                                   

      Sec. 2950.01.  As used in this chapter, unless the context   2,744        

                                                          64     

                                                                 
clearly requires otherwise:                                        2,745        

      (A)  "Confinement" includes, but is not limited to, a        2,747        

community residential sanction imposed pursuant to section         2,748        

2929.16 of the Revised Code.                                                    

      (B)  "Habitual sex offender" means a person who is           2,751        

convicted of or pleads guilty to a sexually oriented offense and   2,752        

who previously has been convicted of or pleaded guilty to one or                

more sexually oriented offenses.                                   2,753        

      (C)  "Prosecutor" has the same meaning as in section         2,756        

2935.01 of the Revised Code.                                                    

      (D)  "Sexually oriented offense" means any of the following  2,758        

offenses:                                                          2,759        

      (1)  Regardless of the age of the victim of the offense, a   2,761        

violation of section 2907.02, 2907.03, 2907.05, or 2907.12 of the  2,762        

Revised Code;                                                      2,763        

      (2)  Any of the following offenses involving a minor, in     2,765        

the circumstances specified:                                       2,766        

      (a)  A violation of section 2905.01, 2905.02, 2905.03,       2,769        

2905.04, 2905.05, or 2907.04 of the Revised Code when the victim   2,770        

of the offense is under eighteen years of age;                                  

      (b)  A violation of section 2907.21 of the Revised Code      2,773        

when the person who is compelled, induced, procured, encouraged,   2,774        

solicited, requested, or facilitated to engage in, paid or agreed  2,775        

to be paid for, or allowed to engage in the sexual activity in     2,776        

question is under eighteen years of age;                           2,777        

      (c)  A violation of division (A)(1) or (3) of section        2,779        

2907.321 or 2907.322 of the Revised Code;                          2,781        

      (d)  A violation of division (A)(1) or (2) of section        2,783        

2907.323 of the Revised Code;                                      2,784        

      (e)  A violation of division (B)(5) of section 2919.22 of    2,787        

the Revised Code when the child who is involved in the offense is  2,788        

under eighteen years of age.                                       2,789        

      (3)  Regardless of the age of the victim of the offense, a   2,791        

violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the  2,792        

                                                          65     

                                                                 
Revised Code, or of division (A) of section 2903.04 of the         2,794        

Revised Code, that is committed with a purpose to gratify the      2,796        

sexual needs or desires of the offender;                                        

      (4)  A sexually violent offense;                             2,798        

      (5)  A violation of any former law of this state that was    2,800        

substantially equivalent to any offense listed in division         2,801        

(D)(1), (2), (3), or (4) of this section;                          2,802        

      (6)  A violation of an existing or former municipal          2,804        

ordinance or law of another state or the United States, or a       2,806        

violation under the law applicable in a military court, that is    2,807        

or was substantially equivalent to any offense listed in division  2,808        

(D)(1), (2), (3), or (4) of this section;                                       

      (7)  An attempt to commit, conspiracy to commit, or          2,810        

complicity in committing any offense listed in division (D)(1),    2,811        

(2), (3), (4), (5), or (6) of this section.                        2,812        

      (E)  "Sexual predator" means a person who has been           2,815        

convicted of or pleaded guilty to committing a sexually oriented   2,816        

offense and is likely to engage in the future in one or more                    

sexually oriented offenses.                                        2,817        

      (F)  "Supervised release" means a release from a prison      2,819        

term, a term of imprisonment, or another type of confinement that  2,821        

satisfies either of the following conditions:                                   

      (1)  The release is on parole, a conditional pardon, or      2,823        

probation, under a furlough TRANSITIONAL CONTROL, or under a       2,824        

post-release control sanction, and it requires the person to       2,826        

report to or be supervised by a parole officer, probation                       

officer, field officer, or another type of supervising officer.    2,827        

      (2)  The release is any type of release that is not          2,829        

described in division (F)(1) of this section and that requires     2,830        

the person to report to or be supervised by a probation officer,   2,831        

a parole officer, a field officer, or another type of supervising  2,832        

officer.                                                                        

      (G)  An offender is "adjudicated as being a sexual           2,834        

predator" if any of the following applies:                         2,835        

                                                          66     

                                                                 
      (1)  The offender is convicted of or pleads guilty to        2,837        

committing, on or after the effective date of this section, a      2,838        

sexually oriented offense that is a sexually violent offense and   2,839        

also is convicted of or pleads guilty to a sexually violent        2,840        

predator specification that was included in the indictment, count  2,842        

in the indictment, or information that charged the sexually        2,843        

violent offense.                                                                

      (2)  Regardless of when the sexually oriented offense was    2,845        

committed, on or after the effective date of this section, the     2,846        

offender is sentenced for a sexually oriented offense, and the     2,847        

sentencing judge determines pursuant to division (B) of section    2,849        

2950.09 of the Revised Code that the offender is a sexual          2,850        

predator.                                                                       

      (3)  Prior to the effective date of this section, the        2,852        

offender was convicted of or pleaded guilty to, and was sentenced  2,854        

for, a sexually oriented offense, the offender is imprisoned in a  2,855        

state correctional institution on or after the effective date of   2,856        

this section, and, prior to the offender's release from            2,857        

imprisonment, the court determines pursuant to division (C) of     2,858        

section 2950.09 of the Revised Code that the offender is a sexual  2,859        

predator.                                                                       

      (H)  "Sexually violent predator specification" and           2,861        

"sexually violent offense" have the same meanings as in section    2,863        

2971.01 of the Revised Code.                                                    

      (I)  "POST-RELEASE CONTROL SANCTION" AND "TRANSITIONAL       2,865        

CONTROL" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE       2,866        

REVISED CODE.                                                                   

      Sec. 2963.35.  The chief of the adult parole authority       2,875        

BUREAU OF SENTENCE COMPUTATION OR ANOTHER INDIVIDUAL SPECIFIED BY  2,876        

THE DIRECTOR OF REHABILITATION AND CORRECTION is designated as     2,877        

the administrator as required by Article VII of the agreement      2,878        

adopted pursuant to section 2963.30 of the Revised Code.  The      2,879        

administrator, acting jointly with like officers of other party    2,880        

states, shall, in accordance with Chapter 119. of the Revised      2,881        

                                                          67     

                                                                 
Code, promulgate rules and regulations to carry out the terms of                

the agreement.  The administrator is authorized and empowered to   2,882        

cooperate with all departments, agencies, and officers of this     2,883        

state and its political subdivisions, in facilitating the proper   2,884        

administration of the agreement or of any supplementary agreement  2,885        

or agreements entered into by this state thereunder.               2,886        

      Sec. 2967.01.  As used in this chapter:                      2,895        

      (A)  "State correctional institution" includes any           2,898        

institution or facility that is operated by the department of                   

rehabilitation and correction and that is used for the custody,    2,899        

care, or treatment of criminal, delinquent, or psychologically or  2,900        

psychiatrically disturbed offenders.                               2,901        

      (B)  "Pardon" means the remission of penalty by the          2,903        

governor in accordance with the power vested in the governor by    2,904        

the constitution.                                                  2,905        

      (C)  "Commutation" or "commutation of sentence" means the    2,907        

substitution by the governor of a lesser for a greater             2,908        

punishment.  A stated prison term may be commuted without the      2,910        

consent of the convict, except when granted upon the acceptance    2,911        

and performance by the convict of conditions precedent.  After     2,912        

commutation, the commuted prison term shall be the only one in     2,913        

existence.  The commutation may be stated in terms of commuting    2,914        

from a named offense to a lesser included offense with a shorter   2,916        

prison term, in terms of commuting from a stated prison term in    2,917        

months and years to a shorter prison term in months and years, or  2,918        

in terms of commuting from any other stated prison term to a       2,919        

shorter prison term.                                                            

      (D)  "Reprieve" means the temporary suspension by the        2,921        

governor of the execution of a sentence or prison term.  The       2,922        

governor may grant a reprieve without the consent of and against   2,923        

the will of the convict.                                                        

      (E)  "Parole" means, regarding a prisoner who is serving a   2,925        

prison term for aggravated murder or murder, who is serving a      2,926        

prison term of life imprisonment for rape or felonious sexual      2,927        

                                                          68     

                                                                 
penetration, or who was sentenced prior to the effective date of   2,928        

this amendment, a release of the prisoner from confinement in any  2,929        

state correctional institution by the adult parole authority that  2,930        

is subject to the eligibility criteria specified in this chapter   2,931        

and that is under the terms and conditions, and for the period of               

time, prescribed by the authority in its published rules and       2,932        

official minutes or required by division (A) of section 2967.131   2,933        

of the Revised Code or another provision of this chapter.          2,934        

      (F)  "Head of a state correctional institution" or "head of  2,937        

the institution" means the resident head of the institution and    2,938        

the person immediately in charge of the institution, whether       2,939        

designated warden, superintendent, or any other name by which the  2,940        

head is known.                                                                  

      (G)  "Convict" means a person who has been convicted of a    2,942        

felony under the laws of this state, whether or not actually       2,943        

confined in a state correctional institution, unless the person    2,944        

has been pardoned or has served the person's sentence or prison    2,945        

term.                                                              2,946        

      (H)  "Prisoner" means a person who is in actual confinement  2,948        

in a state correctional institution.                               2,949        

      (I)  "Parolee" means any inmate who has been released from   2,951        

confinement on parole by order of the adult parole authority or    2,952        

conditionally pardoned, who is under supervision of the adult      2,953        

parole authority and has not been granted a final release, and     2,954        

who has not been declared in violation of the inmate's parole by   2,955        

the authority or is performing the prescribed conditions of a      2,956        

conditional pardon.                                                2,957        

      (J)  "Releasee" means an inmate who has been released from   2,959        

confinement pursuant to section 2967.28 of the Revised Code under  2,961        

a period of post-release control that includes one or more                      

post-release control sanctions.                                    2,962        

      (K)  "Final release" means a remission by the adult parole   2,964        

authority of the balance of the sentence or prison term of a       2,965        

parolee or prisoner or the termination by the authority of a term  2,966        

                                                          69     

                                                                 
of post-release control of a releasee.                             2,967        

      (L)  "Parole violator" or "release violator" means any       2,969        

parolee or releasee who has been declared to be in violation of    2,970        

the condition of parole or post-release control specified in       2,971        

division (A) of section 2967.131 of the Revised Code or in         2,972        

violation of any other term, condition, or rule of the parolee's   2,973        

or releasee's parole or of the parolee's or releasee's             2,974        

post-release control sanctions, the determination of which has     2,975        

been made by the adult parole authority and recorded in its        2,976        

official minutes.                                                               

      (M)  "Administrative release" means a termination of         2,978        

jurisdiction over a particular sentence or prison term by the      2,979        

adult parole authority for administrative convenience.             2,980        

      (N)  "Furloughee" means a prisoner who has been released to  2,982        

conditional confinement by the adult parole authority pursuant to  2,983        

section 2967.26 of the Revised Code or who has been released by    2,984        

the department of rehabilitation and correction pursuant to        2,985        

section 2967.27 of the Revised Code.                               2,986        

      (O)  "Post-release control" and "post-release control        2,988        

sanction" have the same meanings as in section 2967.28 of the      2,991        

Revised Code MEANS A PERIOD OF SUPERVISION BY THE ADULT PAROLE     2,992        

AUTHORITY AFTER A PRISONER'S RELEASE FROM IMPRISONMENT THAT        2,993        

INCLUDES ONE OR MORE POST-RELEASE CONTROL SANCTIONS IMPOSED UNDER  2,994        

SECTION 2967.28 OF THE REVISED CODE.                               2,995        

      (O)  "POST-RELEASE CONTROL SANCTION" MEANS A SANCTION THAT   2,998        

IS AUTHORIZED UNDER SECTIONS 2929.16 TO 2929.18 OF THE REVISED     3,000        

CODE AND THAT IS IMPOSED UPON A PRISONER UPON THE PRISONER'S       3,001        

RELEASE FROM A PRISON TERM.                                        3,003        

      (P)  "Prison COMMUNITY CONTROL SANCTION," "PRISON term,"     3,006        

"MANDATORY PRISON TERM," and "stated prison term" have the same    3,007        

meanings as in section 2929.01 of the Revised Code.                3,008        

      (Q)  "TRANSITIONAL CONTROL" MEANS CONTROL OF A PRISONER      3,010        

UNDER THE TRANSITIONAL CONTROL PROGRAM ESTABLISHED BY THE          3,011        

DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 2967.26  3,012        

                                                          70     

                                                                 
OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A PROGRAM OF    3,013        

THAT NATURE UNDER THAT SECTION.                                                 

      Sec. 2967.131.  (A)  In addition to any other terms and      3,022        

conditions of a conditional pardon, OR parole, furlough OF         3,023        

TRANSITIONAL CONTROL, or other OF ANOTHER form of authorized       3,026        

release from confinement in a state correctional institution that               

is granted to an individual and that involves the placement of     3,027        

the individual under the supervision of the adult parole           3,028        

authority, and in addition to any other sanctions of post-release  3,029        

control of a felon imposed under section 2967.28 of the Revised    3,030        

Code, the authority or, in the case of a conditional pardon, the   3,031        

governor shall include in the terms and conditions of the          3,032        

conditional pardon, parole, furlough TRANSITIONAL CONTROL, or      3,033        

other form of authorized release or shall include as a condition   3,035        

of the post-release control the condition that the parolee,                     

furloughee, or releasee INDIVIDUAL OR FELON abide by the law,      3,037        

including, but not limited to, complying with the provisions of    3,038        

Chapter 2923. of the Revised Code relating to the possession,      3,039        

sale, furnishing, transfer, disposition, purchase, acquisition,                 

carrying, conveying, or use of, or other conduct involving, a      3,040        

firearm or dangerous ordnance, as defined in section 2923.11 of    3,041        

the Revised Code, during the period of the parolee's,              3,042        

furloughee's, or releasee's INDIVIDUAL'S OR FELON'S conditional    3,044        

pardon, parole, furlough TRANSITIONAL CONTROL, other form of       3,045        

authorized release, or post-release control.                       3,047        

      (B)  During the period of a conditional pardon, OR parole,   3,049        

furlough OF TRANSITIONAL CONTROL, or other OF ANOTHER form of      3,052        

authorized release from confinement in a state correctional                     

institution that is granted to an individual and that involves     3,053        

the placement of the individual under the supervision of the       3,054        

adult parole authority, and during a period of post-release        3,055        

control of a felon imposed under section 2967.28 of the Revised    3,056        

Code, authorized field officers of the authority who are engaged   3,057        

within the scope of their supervisory duties or responsibilities   3,058        

                                                          71     

                                                                 
may search, with or without a warrant, the person of the parolee,  3,059        

furloughee, or releasee INDIVIDUAL OR FELON, the place of          3,061        

residence of the parolee, furloughee, or releasee INDIVIDUAL OR                 

FELON, and a motor vehicle, another item of tangible or            3,063        

intangible personal property, or other real property in which the  3,064        

parolee, furloughee, or releasee INDIVIDUAL OR FELON has a right,  3,066        

title, or interest or for which the parolee, furloughee, or        3,067        

releasee INDIVIDUAL OR FELON has the express or implied            3,069        

permission of a person with a right, title, or interest to use,    3,071        

occupy, or possess, if the field officers have reasonable grounds  3,073        

to believe that the parolee, furloughee, or releasee INDIVIDUAL    3,074        

OR FELON is not abiding by the law or otherwise is not complying   3,075        

with the terms and conditions of the parolee's, furloughee's, or   3,076        

releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole,     3,077        

furlough TRANSITIONAL CONTROL, other form of authorized release,   3,080        

or post-release control.  The authority shall provide each         3,081        

parolee, furloughee, or releasee INDIVIDUAL WHO IS GRANTED A       3,082        

CONDITIONAL PARDON OR PAROLE, TRANSITIONAL CONTROL, OR ANOTHER     3,083        

FORM OF AUTHORIZED RELEASE FROM CONFINEMENT IN A STATE                          

CORRECTIONAL INSTITUTION AND EACH FELON WHO IS UNDER POST-RELEASE  3,084        

CONTROL with a written notice that informs the parolee,            3,086        

furloughee, or releasee INDIVIDUAL OR FELON that authorized field  3,088        

officers of the authority who are engaged within the scope of      3,091        

their supervisory duties or responsibilities may conduct those     3,092        

types of searches during the period of the conditional pardon,     3,093        

parole, furlough TRANSITIONAL CONTROL, other form of authorized    3,094        

release, or post-release control if they have reasonable grounds   3,095        

to believe that the parolee, furloughee, or releasee INDIVIDUAL    3,096        

OR FELON is not abiding by the law or otherwise is not complying   3,097        

with the terms and conditions of the parolee's, furloughee's, or   3,098        

releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole,     3,100        

furlough TRANSITIONAL CONTROL, other form of authorized release,   3,102        

or post-release control.                                                        

      Sec. 2967.14.  (A)  The adult parole authority may require   3,111        

                                                          72     

                                                                 
a parolee or releasee to reside in a halfway house or other        3,112        

suitable community residential center that has been licensed by    3,113        

the division of parole and community services pursuant to          3,114        

division (C) of this section during a part or for the entire       3,116        

period of the parolee's conditional release or of the releasee's   3,117        

term of post-release control.  The court of common pleas that                   

placed an offender under a sanction consisting of a term in a      3,118        

halfway house or in an alternative residential sanction may        3,120        

require the offender to reside in a halfway house or other                      

suitable community residential center that is designated by the    3,121        

court and that has been licensed by the division pursuant to       3,122        

division (C) of this section during a part or for the entire       3,123        

period of the offender's residential sanction.                     3,124        

      (B)  The division of parole and community services may       3,126        

enter into agreements with any public or private agency or a       3,127        

department or political subdivision of the state that operates a   3,128        

halfway house or community residential center that has been        3,129        

licensed by the division pursuant to division (C) of this          3,130        

section.  An agreement under this division shall provide for       3,131        

housing, supervision, and other services that are required for     3,132        

parolees, releasees, and persons placed under a residential        3,133        

sanction PERSONS who have been assigned to a halfway house or      3,135        

community residential center, INCLUDING PAROLEES, RELEASEES,       3,136        

PERSONS PLACED UNDER A RESIDENTIAL SANCTION, PERSONS UNDER         3,137        

TRANSITIONAL CONTROL, AND OTHER ELIGIBLE OFFENDERS AS DEFINED IN   3,138        

RULES ADOPTED BY THE DIRECTOR OF REHABILITATION AND CORRECTION IN  3,139        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  An agreement    3,140        

under this division shall provide for per diem payments to the     3,141        

agency, department, or political subdivision on behalf of each     3,142        

parolee and releasee assigned to and each person placed under a    3,143        

residential sanction in a halfway house or community residential   3,144        

center that is operated by the agency, department, or political    3,145        

subdivision and that has been licensed by the division.  The per   3,146        

diem payments shall be equal to the halfway house's or community   3,147        

                                                          73     

                                                                 
residential center's average daily per capita costs with its       3,148        

facility at full occupancy.  The per diem payments shall not       3,149        

exceed the total operating costs of the halfway house or           3,150        

community residential center during the term of an agreement. The  3,152        

director of rehabilitation and correction shall adopt rules in     3,153        

accordance with Chapter 119. of the Revised Code for determining   3,154        

includable and excludable costs and income to be used in           3,155        

computing the agency's average daily per capita costs with its                  

facility at full occupancy.                                        3,156        

      The department of rehabilitation and correction may use a    3,158        

portion of the amount appropriated to the department each fiscal   3,159        

year for the halfway house and community residential center        3,160        

program to pay for contracts for nonresidential services for       3,161        

offenders under the supervision of the adult parole authority.     3,162        

The nonresidential services may include, but are not limited to,   3,163        

treatment for substance abuse, mental health counseling, and       3,164        

counseling for sex offenders.                                      3,165        

      (C)  The division of parole and community services may       3,167        

license a halfway house or community residential center as a       3,168        

suitable facility for the care and treatment of adult offenders    3,169        

only if the halfway house or community residential center          3,170        

complies with the standards that the division adopts in            3,171        

accordance with Chapter 119. of the Revised Code for the           3,172        

licensure of halfway houses and community residential centers.     3,173        

The division shall annually inspect each licensed halfway house    3,174        

and licensed community residential center to determine if it is    3,175        

in compliance with the licensure standards.                                     

      Sec. 2967.141.  (A)  AS USED IN THIS SECTION, "ALTERNATIVE   3,178        

RESIDENTIAL FACILITY" HAS THE SAME MEANING AS IN SECTION 2929.01   3,179        

OF THE REVISED CODE.                                               3,180        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION,        3,183        

THROUGH ITS DIVISION OF PAROLE AND COMMUNITY SERVICES, MAY         3,184        

OPERATE OR CONTRACT FOR THE OPERATION OF ONE OR MORE VIOLATION     3,185        

SANCTION CENTERS AS AN ALTERNATIVE RESIDENTIAL FACILITY.  A        3,186        

                                                          74     

                                                                 
VIOLATION SANCTION CENTER OPERATED UNDER AUTHORITY OF THIS         3,187        

DIVISION IS NOT A PRISON WITHIN THE MEANING OF DIVISION (CC) OF    3,188        

SECTION 2929.01 OF THE REVISED CODE.  A VIOLATION SANCTION CENTER               

OPERATED UNDER AUTHORITY OF THIS DIVISION MAY BE USED FOR EITHER   3,189        

OF THE FOLLOWING PURPOSES:                                         3,190        

      (1)  SERVICE OF THE TERM OF A MORE RESTRICTIVE POST-RELEASE  3,193        

CONTROL SANCTION THAT THE PAROLE BOARD, SUBSEQUENT TO A HEARING,   3,194        

IMPOSES PURSUANT TO DIVISION (F)(2) OF SECTION 2967.28 OF THE      3,196        

REVISED CODE UPON A RELEASEE WHO HAS VIOLATED A POST-RELEASE       3,197        

CONTROL SANCTION IMPOSED UPON THE RELEASEE UNDER THAT SECTION;     3,198        

      (2)  SERVICE OF A SANCTION THAT THE ADULT PAROLE AUTHORITY   3,200        

OR PAROLE BOARD IMPOSES UPON A PAROLEE WHOM THE AUTHORITY          3,201        

DETERMINES TO BE A PAROLE VIOLATOR BECAUSE OF A VIOLATION OF THE   3,202        

TERMS AND CONDITIONS OF THE PAROLEE'S PAROLE OR CONDITIONAL        3,203        

PARDON.                                                            3,204        

      (C)  IF A VIOLATION SANCTION CENTER IS ESTABLISHED UNDER     3,207        

THE AUTHORITY OF THIS SECTION, NOTWITHSTANDING THE FACT THAT THE   3,208        

CENTER IS AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE PURPOSES     3,209        

DESCRIBED IN DIVISION (B) OF THIS SECTION, THE CENTER SHALL BE     3,211        

USED ONLY FOR THE PURPOSES DESCRIBED IN THAT DIVISION.  A                       

VIOLATION SANCTION CENTER ESTABLISHED UNDER THE AUTHORITY OF THIS  3,212        

SECTION IS NOT AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE         3,213        

PURPOSE OF IMPOSING SENTENCE ON AN OFFENDER WHO IS CONVICTED OF    3,214        

OR PLEADS GUILTY TO A FELONY, AND A COURT THAT IS SENTENCING AN    3,216        

OFFENDER FOR A FELONY PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF                

THE REVISED CODE SHALL NOT SENTENCE THE OFFENDER TO A COMMUNITY    3,218        

RESIDENTIAL SANCTION THAT REQUIRES THE OFFENDER TO SERVE A TERM    3,219        

IN THE CENTER.                                                                  

      (D)  IF A RELEASEE IS ORDERED TO SERVE A SANCTION IN A       3,221        

VIOLATION SANCTION CENTER, AS DESCRIBED IN DIVISION (B)(1) OF      3,222        

THIS SECTION, ALL OF THE FOLLOWING APPLY:                          3,223        

      (1)  THE RELEASEE SHALL NOT BE CONSIDERED TO BE UNDER A NEW  3,225        

PRISON TERM FOR A VIOLATION OF POST-RELEASE CONTROL.               3,226        

      (2)  THE TIME THE RELEASEE SERVES IN THE CENTER SHALL NOT    3,228        

                                                          75     

                                                                 
COUNT TOWARD, AND SHALL NOT BE CONSIDERED IN DETERMINING, THE      3,229        

MAXIMUM CUMULATIVE PRISON TERM FOR ALL VIOLATIONS THAT IS          3,230        

DESCRIBED IN DIVISION (F)(3) OF SECTION 2967.28 OF THE REVISED     3,231        

CODE.                                                                           

      (3)  THE TIME THE RELEASEE SERVES IN THE CENTER SHALL COUNT  3,233        

AS PART OF, AND SHALL BE CREDITED TOWARD, THE REMAINING PERIOD OF  3,234        

POST-RELEASE CONTROL THAT IS APPLICABLE TO THE RELEASEE.           3,235        

      Sec. 2967.15.  (A)  If an adult parole authority field       3,244        

officer has reasonable cause to believe that a person who is a     3,245        

parolee, furloughee, or other releasee, WHO IS UNDER TRANSITIONAL  3,246        

CONTROL, OR WHO IS UNDER ANOTHER FORM OF AUTHORIZED RELEASE AND    3,247        

WHO IS under the supervision of the adult parole authority has     3,249        

violated or is violating the condition of a conditional pardon,    3,250        

parole, furlough, other form of authorized release, TRANSITIONAL   3,252        

CONTROL, or post-release control specified in division (A) of      3,254        

section 2967.131 of the Revised Code or any other term or          3,255        

condition of the person's conditional pardon, parole, furlough,    3,256        

other form of authorized release, TRANSITIONAL CONTROL, or         3,257        

post-release control, the field officer may arrest the person      3,259        

without a warrant or order a peace officer to arrest the person    3,260        

without a warrant.  A person so arrested shall be confined in the  3,261        

jail of the county in which the person is arrested or in another   3,262        

facility designated by the chief of the adult parole authority     3,263        

until a determination is made regarding the person's release                    

status.  Upon making an arrest under this section, the arresting   3,264        

or supervising adult parole authority field officer promptly       3,265        

shall notify the superintendent of parole supervision or the       3,266        

superintendent's designee, in writing, that the person has been    3,269        

arrested and is in custody and submit in detail an appropriate     3,270        

report of the reason for the arrest.                               3,271        

      (B)  Except as otherwise provided in this division, prior    3,273        

to the revocation by the adult parole authority of a person's      3,275        

pardon, parole, furlough TRANSITIONAL CONTROL, or other release    3,276        

and prior to the imposition by the parole board or adult parole    3,277        

                                                          76     

                                                                 
authority of a new prison term as a post-release control sanction  3,278        

for a person, the adult parole authority shall grant the person a  3,279        

hearing in accordance with rules adopted by the department of      3,280        

rehabilitation and correction under Chapter 119. of the Revised    3,281        

Code.  The adult parole authority is not required to grant the                  

person a hearing if the person is convicted of or pleads guilty    3,282        

to an offense that the person committed while released on a        3,283        

pardon, on parole, furlough TRANSITIONAL CONTROL, or other         3,284        

ANOTHER FORM OF release, or on post-release control and upon       3,286        

which the revocation of the person's pardon, parole, furlough      3,287        

TRANSITIONAL CONTROL, other release, or post-release control is    3,288        

based.                                                             3,289        

      If a person who has been pardoned is found to be a violator  3,291        

of the conditions of the parolee's conditional pardon or           3,292        

commutation of sentence, the authority forthwith shall transmit    3,293        

to the governor its recommendation concerning that violation, and  3,294        

the violator shall be retained in custody until the governor       3,295        

issues an order concerning that violation.                         3,296        

      If the authority fails to make a determination of the case   3,298        

of a parolee or releasee alleged to be a violator of the terms     3,299        

and conditions of the parolee's or releasee's conditional pardon,  3,300        

parole, other release, or post-release control sanctions within a  3,301        

reasonable time, the parolee or releasee shall be released from    3,303        

custody under the same terms and conditions of the parolee's or    3,304        

releasee's original conditional pardon, parole, other release, or  3,305        

post-release control sanctions.                                    3,306        

      (C)(1)  If a person who is a parolee, furloughee, or other   3,308        

releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER       3,309        

ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE    3,310        

ADULT PAROLE AUTHORITY absconds from supervision, the              3,311        

superintendent SUPERVISING ADULT PAROLE AUTHORITY FIELD OFFICER    3,312        

shall report that fact to the authority SUPERINTENDENT OF PAROLE   3,314        

SUPERVISION, in writing, and the authority shall enter an order    3,316        

upon its official minutes declaring DECLARE that person to be a    3,317        

                                                          77     

                                                                 
violator at large.  The superintendent, upon UPON being advised    3,319        

of the apprehension and availability for return of a violator at   3,320        

large, THE SUPERINTENDENT OF PAROLE SUPERVISION shall recommend    3,321        

to the authority that DETERMINE WHETHER the violator at large      3,322        

SHOULD be returned to the institution or restored to parole,       3,323        

furlough TRANSITIONAL CONTROL, other form of authorized release,   3,325        

or post-release control.  If the violator is not restored to       3,327        

parole, furlough, other form of authorized release, or                          

post-release control, the violator shall be returned to a state    3,329        

correctional institution.                                                       

      The time between the date on which a person who is a         3,331        

parolee, furloughee, or other releasee is declared to be a         3,333        

violator or violator at large and the date on which that person    3,334        

is returned to custody in this state under the immediate control   3,335        

of the adult parole authority shall not be counted as time served  3,336        

under the sentence imposed on that person or as a part of the      3,337        

term of post-release control.                                                   

      (2)  A furloughee or a releasee other than a person who is   3,340        

released on parole, conditional pardon, or post-release control    3,341        

PERSON WHO IS UNDER TRANSITIONAL CONTROL OR WHO IS UNDER ANY FORM  3,343        

OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE ADULT PAROLE    3,344        

AUTHORITY is considered to be in custody while UNDER THE           3,345        

TRANSITIONAL CONTROL OR on furlough or other release, and, if the  3,348        

furloughee or releasee PERSON absconds from supervision, the       3,349        

furloughee or releasee PERSON may be prosecuted for the offense    3,350        

of escape.                                                         3,351        

      (D)  A person who is a parolee, furloughee, or other         3,353        

releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER       3,355        

ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE    3,356        

ADULT PAROLE AUTHORITY and who has violated a term or condition    3,358        

of the person's conditional pardon, parole, furlough TRANSITIONAL  3,359        

CONTROL, other form of authorized release, or post-release         3,360        

control shall be declared to be a violator if the person is        3,362        

committed to a correctional institution outside the state to       3,363        

                                                          78     

                                                                 
serve a sentence imposed upon the person by a federal court or a   3,364        

court of another state or if the person otherwise leaves the       3,365        

state.                                                                          

      (E)  As used in this section, "peace officer" has the same   3,367        

meaning as in section 2935.01 of the Revised Code.                 3,368        

      Sec. 2967.191.  The adult parole authority DEPARTMENT OF     3,377        

REHABILITATION AND CORRECTION shall reduce the stated prison term  3,379        

of a prisoner OR, IF THE PRISONER IS SERVING A TERM FOR WHICH      3,380        

THERE IS PAROLE ELIGIBILITY, THE MINIMUM AND MAXIMUM TERM OR THE                

PAROLE ELIGIBILITY DATE OF THE PRISONER by the total number of     3,381        

days that the prisoner was confined for any reason arising out of  3,382        

the offense for which the prisoner was convicted and sentenced,    3,383        

including confinement in lieu of bail while awaiting trial,        3,384        

confinement for examination to determine the prisoner's            3,386        

competence to stand trial or sanity, and confinement while                      

awaiting transportation to the place where the prisoner is to      3,388        

serve the prisoner's prison term.                                               

      Sec. 2967.22.  Whenever it is brought to the attention of    3,397        

the adult parole authority or a county department of probation     3,398        

that a parolee, furloughee, probationer, PERSON UNDER              3,399        

TRANSITIONAL CONTROL, or releasee appears to be a mentally ill     3,402        

person subject to hospitalization by court order, as defined in    3,403        

section 5122.01 of the Revised Code, or a mentally retarded                     

person subject to institutionalization by court order, as defined  3,404        

in section 5123.01 of the Revised Code, the parole or probation    3,405        

officer, subject to the approval of the chief of the adult parole  3,407        

authority, the designee of the chief of the adult parole           3,408        

authority, or the chief probation officer, may file an affidavit   3,409        

under section 5122.11 or 5123.71 of the Revised Code.  A parolee,  3,410        

probationer, or releasee who is involuntarily detained under       3,412        

Chapter 5122. or 5123. of the Revised Code shall receive credit    3,413        

against the period of parole or probation or the term of                        

post-release control for the period of involuntary detention.      3,414        

      If a parolee, probationer, furloughee PERSON UNDER           3,416        

                                                          79     

                                                                 
TRANSITIONAL CONTROL, or releasee escapes from an institution or   3,418        

facility within the department of mental health or the department  3,419        

of mental retardation and developmental disabilities, the          3,420        

superintendent of the institution immediately shall notify the     3,421        

chief of the adult parole authority or the chief probation         3,422        

officer.  Notwithstanding the provisions of section 5122.26 of     3,423        

the Revised Code, the procedure for the apprehension, detention,   3,424        

and return of the parolee, probationer, furloughee PERSON UNDER    3,425        

TRANSITIONAL CONTROL, or releasee is the same as that provided     3,426        

for the apprehension, detention, and return of persons who escape  3,427        

from institutions operated by the department of rehabilitation     3,428        

and correction.  If the escaped parolee, furloughee PERSON UNDER   3,429        

TRANSITIONAL CONTROL, or releasee is not apprehended and returned  3,431        

to the custody of the department of mental health or the           3,432        

department of mental retardation and developmental disabilities    3,433        

within ninety days after the escape, the parolee, furloughee       3,434        

PERSON UNDER TRANSITIONAL CONTROL, or releasee shall be            3,435        

discharged from the custody of the department of mental health or  3,437        

the department of mental retardation and developmental             3,438        

disabilities and returned to the custody of the department of      3,439        

rehabilitation and correction.  If the escaped probationer is not  3,440        

apprehended and returned to the custody of the department of       3,441        

mental health or the department of mental retardation and          3,442        

developmental disabilities within ninety days after the escape,    3,443        

the probationer shall be discharged from the custody of the        3,444        

department of mental health or the department of mental            3,445        

retardation and developmental disabilities and returned to the     3,446        

custody of the court that sentenced the probationer.               3,447        

      Sec. 2967.26.  (A)(1)  Subject to disapproval by the         3,456        

sentencing judge, the adult parole authority may grant furloughs   3,458        

to trustworthy prisoners, other than those serving a prison term                

or term of life imprisonment without parole imposed pursuant to    3,459        

section 2971.03 of the Revised Code or a sentence of imprisonment  3,461        

for life imposed for an offense committed on or after October 19,  3,462        

                                                          80     

                                                                 
1981, who are confined in any state correctional institution for   3,463        

the purpose of employment, vocational training, educational        3,464        

programs, or other programs designated by the director of          3,465        

rehabilitation and correction within this state.  The adult        3,466        

parole authority shall not grant a furlough under this section to  3,467        

a prisoner who is serving a prison term or term of life            3,468        

imprisonment without parole imposed pursuant to section 2971.03    3,469        

of the Revised Code or a sentence of imprisonment for life         3,470        

imposed for an offense committed on or after October 19, 1981.     3,471        

Additionally, the adult parole authority shall not grant a         3,473        

prisoner a furlough under this section if the prisoner has more    3,474        

than six months of imprisonment to serve until the prisoner's                   

parole eligibility, as determined under section 2967.13 of the     3,475        

Revised Code, or until the expiration of the prisoner's stated     3,476        

prison term THE DEPARTMENT OF REHABILITATION AND CORRECTION, BY    3,477        

RULE, MAY ESTABLISH A TRANSITIONAL CONTROL PROGRAM FOR THE         3,478        

PURPOSE OF CLOSELY MONITORING A PRISONER'S ADJUSTMENT TO           3,479        

COMMUNITY SUPERVISION DURING THE FINAL ONE HUNDRED EIGHTY DAYS OF  3,480        

THE PRISONER'S CONFINEMENT.  IF THE DEPARTMENT ESTABLISHES A       3,481        

TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, THE ADULT        3,482        

PAROLE AUTHORITY MAY TRANSFER ELIGIBLE PRISONERS TO TRANSITIONAL   3,483        

CONTROL STATUS UNDER THE PROGRAM DURING THE FINAL ONE HUNDRED      3,484        

EIGHTY DAYS OF THEIR CONFINEMENT AND UNDER THE TERMS AND           3,485        

CONDITIONS ESTABLISHED BY THE DEPARTMENT, SHALL PROVIDE FOR THE    3,486        

CONFINEMENT AS PROVIDED IN THIS DIVISION OF EACH ELIGIBLE          3,487        

PRISONER SO TRANSFERRED, AND SHALL SUPERVISE EACH ELIGIBLE         3,488        

PRISONER SO TRANSFERRED IN ONE OR MORE COMMUNITY CONTROL           3,489        

SANCTIONS.  EACH ELIGIBLE PRISONER WHO IS TRANSFERRED TO           3,490        

TRANSITIONAL CONTROL STATUS UNDER THE PROGRAM SHALL BE CONFINED    3,491        

IN A SUITABLE FACILITY THAT IS LICENSED PURSUANT TO DIVISION (C)   3,493        

OF SECTION 2967.14 OF THE REVISED CODE, OR SHALL BE CONFINED IN A  3,494        

RESIDENCE THE DEPARTMENT HAS APPROVED FOR THIS PURPOSE AND BE      3,495        

MONITORED PURSUANT TO AN ELECTRONIC MONITORING DEVICE, AS DEFINED  3,497        

IN SECTION 2929.23 OF THE REVISED CODE.  IF THE DEPARTMENT         3,498        

                                                          81     

                                                                 
ESTABLISHES A TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION,    3,499        

THE RULES ESTABLISHING THE PROGRAM SHALL INCLUDE CRITERIA THAT     3,500        

DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE PROGRAM, CRITERIA      3,501        

THAT MUST BE SATISFIED TO BE APPROVED AS A RESIDENCE THAT MAY BE   3,502        

USED FOR CONFINEMENT UNDER THE PROGRAM OF A PRISONER THAT IS       3,503        

TRANSFERRED TO IT AND PROCEDURES FOR THE DEPARTMENT TO APPROVE     3,504        

RESIDENCES THAT SATISFY THOSE CRITERIA, AND PROVISIONS OF THE      3,505        

TYPE DESCRIBED IN DIVISION (C) OF THIS SECTION.  AT A MINIMUM,     3,507        

THE CRITERIA THAT DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE      3,508        

PROGRAM SHALL PROVIDE ALL OF THE FOLLOWING:                        3,509        

      (a)  THAT A PRISONER IS ELIGIBLE FOR THE PROGRAM IF THE      3,512        

PRISONER IS SERVING A PRISON TERM OR TERM OF IMPRISONMENT FOR AN   3,513        

OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT    3,514        

AND IF, AT THE TIME AT WHICH ELIGIBILITY IS BEING DETERMINED, THE  3,515        

PRISONER WOULD HAVE BEEN ELIGIBLE FOR A FURLOUGH UNDER THIS        3,516        

SECTION AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF   3,517        

THIS AMENDMENT OR WOULD HAVE BEEN ELIGIBLE FOR CONDITIONAL         3,518        

RELEASE UNDER FORMER SECTION 2967.23 OF THE REVISED CODE AS THAT   3,519        

SECTION EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS    3,520        

AMENDMENT;                                                                      

      (b)  THAT NO PRISONER WHO IS SERVING A MANDATORY PRISON      3,524        

TERM IS ELIGIBLE FOR THE PROGRAM UNTIL AFTER EXPIRATION OF THE     3,525        

MANDATORY TERM;                                                                 

      (c)  THAT NO PRISONER WHO IS SERVING A PRISON TERM OR TERM   3,528        

OF LIFE IMPRISONMENT WITHOUT PAROLE IMPOSED PURSUANT TO SECTION    3,529        

2971.03 OF THE REVISED CODE IS ELIGIBLE FOR THE PROGRAM.           3,531        

      (2)  At least three weeks prior to granting a furlough to a  3,533        

prisoner TRANSFERRING TO TRANSITIONAL CONTROL under this section   3,535        

A PRISONER WHO IS SERVING A TERM OF IMPRISONMENT OR PRISON TERM    3,536        

FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1996, the adult       3,537        

parole authority shall give notice of the pendency of the          3,538        

furlough TRANSFER TO TRANSITIONAL CONTROL to the court of common   3,539        

pleas of the county in which the indictment against the prisoner   3,540        

was found and of the fact that the court may disapprove the grant  3,541        

                                                          82     

                                                                 
TRANSFER of the pending furlough PRISONER TO TRANSITIONAL          3,542        

CONTROL.  If the court disapproves of the grant TRANSFER of the    3,543        

pending furlough PRISONER TO TRANSITIONAL CONTROL, the court       3,544        

shall notify the authority of the disapproval within ten days      3,547        

after receipt of the notice.  If the court timely disapproves the               

grant TRANSFER of the pending furlough PRISONER TO TRANSITIONAL    3,549        

CONTROL, the authority shall not proceed with the furlough         3,550        

TRANSFER.  If the court does not timely disapprove the grant       3,551        

TRANSFER of the pending furlough PRISONER TO TRANSITIONAL          3,552        

CONTROL, the authority may proceed with plans for the furlough     3,553        

TRANSFER THE PRISONER TO TRANSITIONAL CONTROL.                     3,554        

      (3)  If the victim of an offense for which a prisoner was    3,556        

sentenced to a term of imprisonment has requested notification     3,558        

under section 2930.16 of the Revised Code and has provided the                  

department of rehabilitation and correction with the victim's      3,559        

name and address, the adult parole authority, at least three       3,560        

weeks prior to granting a furlough to TRANSFERRING the prisoner    3,561        

TO TRANSITIONAL CONTROL pursuant to this section, shall notify     3,562        

the victim of the pendency of the furlough TRANSFER and of the     3,563        

victim's right to submit a statement to the authority regarding    3,565        

the impact of the release TRANSFER of the prisoner on furlough TO  3,567        

TRANSITIONAL CONTROL.  If the victim subsequently submits a        3,568        

statement of that nature to the authority, the authority shall     3,569        

consider the statement in deciding whether to grant TRANSFER the   3,570        

furlough PRISONER TO TRANSITIONAL CONTROL.                         3,571        

      (B)  The department of rehabilitation and correction shall   3,573        

place conditions on the release of any prisoner who is granted a   3,574        

furlough pursuant to this section.  Each furloughed prisoner       3,575        

TRANSFERRED TO TRANSITIONAL CONTROL UNDER THIS SECTION shall be    3,576        

confined IN THE MANNER DESCRIBED IN DIVISION (A) OF THIS SECTION   3,578        

during any period of time that the furloughed prisoner is not      3,579        

actually working at the furloughed prisoner's approved                          

employment, engaged in a vocational training or other ANOTHER      3,581        

educational program, engaged in another program designated by the  3,584        

                                                          83     

                                                                 
director pursuant to division (A) of this section, or engaged in   3,585        

other activities approved by the department.  The confinement of   3,586        

the furloughed prisoner shall be in a suitable facility that has   3,588        

been licensed by the division of parole and community services     3,589        

pursuant to division (C) of section 2967.14 of the Revised Code.   3,590        

      The division of parole and community services may enter      3,593        

into agreements with any agency, public or private, or a                        

department or political subdivision of the state, that operates a  3,594        

facility that has been licensed by the division pursuant to        3,595        

division (C) of section 2967.14 of the Revised Code.  An           3,596        

agreement shall provide for housing, supervision, and other        3,597        

services that are required for furloughed prisoners who are        3,598        

assigned to the facility.  An agreement shall provide for per      3,599        

diem payments to the agency, department, or political subdivision  3,600        

on behalf of each furloughed prisoner who is assigned to a         3,601        

facility that is operated by the agency, department, or political  3,602        

subdivision and that has been licensed by the division.  The per   3,603        

diem payments shall be equal to the facility's average daily per   3,604        

capita costs with its facility at full occupancy.  The per diem    3,605        

payments shall not exceed the total operating costs of the         3,606        

facility during the term of an agreement.  The director of         3,607        

rehabilitation and correction shall adopt rules in accordance      3,608        

with Chapter 119. of the Revised Code for determining includable   3,609        

and excludable costs and income to be used in computing the        3,610        

agency's average daily per capita costs with its facility at full  3,611        

occupancy.                                                         3,612        

      (C)  The adult parole authority, subject to approval by the  3,614        

director DEPARTMENT of rehabilitation and correction, shall adopt  3,616        

rules for granting furloughs TRANSFERRING ELIGIBLE PRISONERS TO    3,617        

TRANSITIONAL CONTROL, supervising and confining prisoners on       3,618        

furlough SO TRANSFERRED, and administering the furlough            3,620        

TRANSITIONAL CONTROL program in accordance with this section, AND  3,621        

USING THE MONIES DEPOSITED INTO THE TRANSITIONAL CONTROL FUND      3,622        

ESTABLISHED UNDER DIVISION (E) OF THIS SECTION.                                 

                                                          84     

                                                                 
      (D)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     3,624        

ADOPT RULES FOR THE ISSUANCE OF PASSES FOR THE LIMITED PURPOSES    3,625        

DESCRIBED IN THIS DIVISION TO PRISONERS WHO ARE TRANSFERRED TO     3,626        

TRANSITIONAL CONTROL UNDER THIS SECTION.  IF THE DEPARTMENT        3,627        

ADOPTS RULES OF THAT NATURE, THE RULES SHALL GOVERN THE GRANTING   3,628        

OF THE PASSES AND SHALL PROVIDE FOR THE SUPERVISION OF PRISONERS   3,629        

WHO ARE TEMPORARILY RELEASED PURSUANT TO ONE OF THOSE PASSES.      3,630        

UPON THE ADOPTION OF RULES UNDER THIS DIVISION, THE DEPARTMENT     3,632        

MAY ISSUE PASSES TO PRISONERS WHO ARE TRANSFERRED TO TRANSITIONAL  3,633        

CONTROL STATUS UNDER THIS SECTION IN ACCORDANCE WITH THE RULES     3,634        

AND THE PROVISIONS OF THIS DIVISION.  ALL PASSES ISSUED UNDER      3,635        

THIS DIVISION SHALL BE FOR A MAXIMUM OF FORTY-EIGHT HOURS AND MAY  3,636        

BE ISSUED ONLY FOR THE FOLLOWING PURPOSES:                         3,637        

      (1)  TO VISIT A DYING RELATIVE;                              3,639        

      (2)  TO ATTEND THE FUNERAL OF A RELATIVE;                    3,641        

      (3)  TO VISIT WITH FAMILY;                                   3,643        

      (4)  TO OTHERWISE AID IN THE REHABILITATION OF THE           3,645        

PRISONER.                                                          3,646        

      (E)  The adult parole authority may require the A prisoner   3,649        

on furlough WHO IS TRANSFERRED TO TRANSITIONAL CONTROL to pay to   3,650        

the division of parole and community services the reasonable       3,652        

expenses incurred by the division in supervising or confining the  3,653        

prisoner on furlough WHILE UNDER TRANSITIONAL CONTROL.  Inability  3,654        

to pay those reasonable expenses shall not be grounds for          3,657        

refusing to grant a furlough to TRANSFER an otherwise eligible     3,658        

prisoner TO TRANSITIONAL CONTROL.  Amounts received by the         3,659        

division of parole and community services under this division      3,661        

shall be deposited into the furlough services TRANSITIONAL         3,662        

CONTROL fund that, WHICH is hereby created in the state treasury   3,664        

AND WHICH HEREBY REPLACES AND SUCCEEDS THE FURLOUGH SERVICES FUND  3,665        

THAT FORMERLY EXISTED IN THE STATE TREASURY.  ALL MONIES THAT      3,666        

REMAIN IN THE FURLOUGH SERVICES FUND ON THE EFFECTIVE DATE OF                   

THIS AMENDMENT SHALL BE TRANSFERRED ON THAT DATE TO THE            3,667        

TRANSITIONAL CONTROL FUND.  The TRANSITIONAL CONTROL fund shall    3,668        

                                                          85     

                                                                 
be used solely to pay costs related to the operation of the        3,669        

furlough education and work release program TRANSITIONAL CONTROL   3,670        

PROGRAM ESTABLISHED UNDER THIS SECTION.  The director of           3,671        

rehabilitation and correction shall adopt rules in accordance      3,672        

with section 111.15 of the Revised Code for the use of the fund.   3,673        

      (E)(F)  A prisoner who violates any rule established by the  3,675        

adult parole authority DEPARTMENT OF REHABILITATION AND            3,677        

CORRECTION under division (A), (C), OR (D) of this section may be  3,679        

returned TRANSFERRED to the A state correctional institution in    3,680        

which the prisoner had been confined prior to furlough PURSUANT    3,682        

TO RULES ADOPTED UNDER DIVISION (A), (C), OR (D) OF THIS SECTION,  3,683        

but the prisoner shall receive credit towards completing the       3,685        

prisoner's sentence for the time spent on furlough UNDER           3,686        

TRANSITIONAL CONTROL.                                                           

      IF A PRISONER IS TRANSFERRED TO TRANSITIONAL CONTROL UNDER   3,688        

THIS SECTION, UPON SUCCESSFUL COMPLETION OF THE PERIOD OF          3,689        

TRANSITIONAL CONTROL, THE PRISONER MAY BE RELEASED ON PAROLE OR    3,691        

UNDER POST-RELEASE CONTROL PURSUANT TO SECTION 2967.13 OR 2967.28  3,692        

OF THE REVISED CODE AND RULES ADOPTED BY THE DEPARTMENT OF                      

REHABILITATION AND CORRECTION.  IF THE PRISONER IS RELEASED UNDER  3,693        

POST-RELEASE CONTROL, THE DURATION OF THE POST-RELEASE CONTROL,    3,695        

THE TYPE OF POST-RELEASE CONTROL SANCTIONS THAT MAY BE IMPOSED,    3,696        

THE ENFORCEMENT OF THE SANCTIONS, AND THE TREATMENT OF PRISONERS   3,697        

WHO VIOLATE ANY SANCTION APPLICABLE TO THE PRISONER ARE GOVERNED   3,698        

BY SECTION 2967.28 OF THE REVISED CODE.                            3,699        

      Sec. 2967.27.  (A)(1)  Subject to disapproval by the         3,708        

sentencing judge for a furlough granted under divisions (A)(1)(c)  3,709        

to (g) of this section, the THE department of rehabilitation and   3,710        

correction may grant furloughs ESCORTED VISITS to trustworthy      3,712        

prisoners confined in any state correctional facility for the      3,713        

custody and rehabilitation of persons convicted of crime, except   3,714        

that the department shall not grant a furlough for any purpose     3,715        

other than the purposes described in division (A)(1)(a) or (b) of  3,716        

this section to a prisoner serving a sentence of life              3,717        

                                                          86     

                                                                 
imprisonment that was imposed for an offense committed on or       3,718        

after October 19, 1981, or to a prisoner serving a prison term or  3,719        

term of life imprisonment without parole imposed pursuant to       3,721        

section 2971.03 of the Revised Code.  The department may           3,722        

authorize furloughs under this section for the LIMITED purpose     3,724        

of:                                                                             

      (a)  Visiting VISITING a dying relative;                     3,726        

      (b)  Attending OR ATTENDING the funeral of a relative;       3,728        

      (c)  Arranging for a suitable parole plan, or an             3,730        

educational or vocational furlough plan;                           3,731        

      (d)  Arranging for employment;                               3,733        

      (e)  Arranging for suitable residence;                       3,735        

      (f)  Visiting with family;                                   3,737        

      (g)  Otherwise aiding in the rehabilitation of the inmate.   3,739        

      (2)  At least three weeks prior PRIOR to granting a          3,741        

furlough ANY PRISONER AN ESCORTED VISIT FOR THE LIMITED PURPOSE    3,742        

OF VISITING A DYING RELATIVE OR ATTENDING THE FUNERAL OF A         3,743        

RELATIVE under divisions (A)(1)(c) to (g) of this section, the     3,745        

department shall give notice of the pendency of the furlough to    3,746        

the court of common pleas of the county in which the indictment    3,748        

against the prisoner was found and of the fact that the court may  3,749        

disapprove the grant of the pending furlough.  If the court        3,750        

disapproves of the grant, the court shall notify the department                 

of the disapproval within ten days after receipt of the notice.    3,751        

If the court timely disapproves the grant of the pending           3,752        

furlough, the department shall not proceed with the furlough.  If  3,753        

the court does not timely disapprove the grant of the pending      3,754        

furlough, the department may proceed with plans for the furlough   3,755        

NOTIFY ITS OFFICE OF VICTIMS' SERVICES SO THAT THE OFFICE MAY      3,756        

PROVIDE ASSISTANCE TO ANY VICTIM OR VICTIMS OF THE OFFENSE         3,757        

COMMITTED BY THE PRISONER AND TO MEMBERS OF THE FAMILY OF THE      3,758        

VICTIM.                                                                         

      (3)  If the victim of an offense for which a prisoner was    3,760        

sentenced to a term of imprisonment has requested notification     3,762        

                                                          87     

                                                                 
under section 2930.16 of the Revised Code and has provided the                  

department of rehabilitation and correction with the victim's      3,763        

name and address, the department, at least three weeks prior to    3,765        

granting a furlough to the prisoner pursuant to divisions          3,766        

(A)(1)(c) to (g) of this section and as soon as practicable prior  3,767        

to granting a furlough to the prisoner pursuant to division        3,768        

(A)(1)(a) or (b) of this section, shall notify the victim of the   3,770        

pendency of the furlough and of the victim's right to submit a                  

statement regarding the impact of the release of the prisoner on   3,772        

furlough.  If the victim subsequently submits a statement of that  3,774        

nature to the department, the department shall consider the        3,775        

statement in deciding whether to grant the furlough.                            

      (B)  The department of rehabilitation and correction shall   3,777        

adopt rules for THE granting furloughs OF ESCORTED VISITS under    3,779        

this section, AND FOR supervising prisoners on furlough, and       3,780        

administering the furlough program.  The rules shall contain the   3,782        

following prohibitions:                                                         

      (1)  No prisoner who is serving a sentence of life           3,784        

imprisonment that was imposed for an offense committed on or       3,785        

after October 19, 1981, or a prison term or term of life           3,786        

imprisonment without parole imposed pursuant to section 2971.03    3,787        

of the Revised Code shall be eligible for a furlough for any       3,788        

purpose described in division (A)(1)(a) or (b) of this section     3,789        

unless a corrections officer or another corrections staff person   3,790        

accompanies the prisoner at all times while on furlough;           3,791        

      (2)  No prisoner shall be eligible for furlough under this   3,795        

section who has served less than six months in a state             3,796        

correctional institution, except in the situation of attending     3,797        

the funeral of a member of the prisoner's immediate family, or     3,798        

attending a bedside visit with a member of the prisoner's                       

immediate family who is ill and bedridden AN ESCORTED VISIT.       3,799        

      (C)  No prisoner shall be granted a furlough AN ESCORTED     3,801        

VISIT under this section if the prisoner is likely to pose a       3,803        

threat to the public safety or has a record of more than two       3,805        

                                                          88     

                                                                 
felony commitments (including the present charge), not more than   3,806        

one of which may be for a crime of an assaultive nature.           3,807        

      (D)  Furloughs may be granted under this section only upon   3,809        

the written approval of the director of the department of          3,810        

rehabilitation and correction or if the director deems it          3,811        

appropriate, by the assistant director of the department, or the   3,812        

wardens within the department.                                     3,813        

      (E)  Furloughs granted under this section shall be for a     3,816        

period no longer than is reasonably necessary to accomplish the    3,817        

purposes of this section, but in no event shall a furlough extend  3,818        

beyond seven days, nor shall the total furlough time granted to a  3,819        

prisoner within any calendar year exceed fourteen days except      3,820        

furloughs granted under divisions (A)(1)(c) and (d) of this        3,821        

section.                                                                        

      (F)  A prisoner who violates any rule established by the     3,823        

department of rehabilitation and correction under this section     3,824        

may be returned to the state correctional institution from which   3,826        

the prisoner was furloughed, but such a violation does not         3,827        

constitute cause for denial of credit toward completion of the     3,828        

prisoner's sentence of the time the prisoner was on furlough THE   3,829        

PROCEDURE FOR GRANTING AN ESCORTED VISIT UNDER THIS SECTION IS     3,830        

SEPARATE FROM, AND INDEPENDENT OF, THE TRANSITIONAL CONTROL        3,831        

PROGRAM DESCRIBED IN SECTION 2967.26 OF THE REVISED CODE.          3,832        

      Sec. 2967.28.  (A)  As used in this section:                 3,841        

      (1)  "Post-release control" means a period of supervision    3,844        

by the adult parole authority after release from imprisonment                   

that includes one or more post-release control sanctions imposed   3,845        

under this section.                                                3,846        

      (2)  "Post-release control sanction" means a sanction that   3,849        

is authorized under sections 2929.16 to 2929.18 of the Revised     3,850        

Code and that is imposed upon a prisoner upon the prisoner's       3,851        

release from a prison term.                                                     

      (3)  "Monitored time" means the monitored time sanction      3,854        

specified in section 2929.17 of the Revised Code.                  3,855        

                                                          89     

                                                                 
      (4)(2)  "Deadly weapon" and "dangerous ordnance" have the    3,858        

same meanings as in section 2923.11 of the Revised Code.           3,859        

      (5)(3)  "Felony sex offense" means a violation of a section  3,861        

contained in Chapter 2907. of the Revised Code that is a felony.   3,863        

      (B)  Each sentence to a prison term for a felony of the      3,866        

first degree, for a felony of the second degree, for a felony sex               

offense, or for a felony of the third degree that is not a felony  3,868        

sex offense and in the commission of which the offender caused or  3,869        

threatened to cause physical harm to a person shall include a                   

requirement that the offender be subject to a period of            3,870        

post-release control imposed by the parole board after the         3,871        

offender's release from imprisonment.  Unless reduced by the       3,872        

parole board pursuant to division (D) of this section when         3,873        

authorized under that division, a period of post-release control   3,875        

required by this division for an offender shall be of one of the   3,876        

following periods:                                                              

      (1)  For a felony of the first degree or for a felony sex    3,878        

offense, five years;                                               3,879        

      (2)  For a felony of the second degree that is not a felony  3,881        

sex offense, three years;                                          3,882        

      (3)  For a felony of the third degree that is not a felony   3,884        

sex offense and in the commission of which the offender caused or  3,885        

threatened physical harm to a person, three years.                 3,886        

      (C)  Any sentence to a prison term for a felony of the       3,889        

third, fourth, or fifth degree that is not subject to division     3,890        

(B)(1) or (3) of this section shall include a requirement that     3,891        

the offender be subject to a period of post-release control of up  3,892        

to three years after the offender's release from imprisonment, if  3,893        

the parole board, in accordance with division (D) of this          3,894        

section, determines that a period of post-release control is       3,895        

necessary for that offender.                                                    

      (D)(1)  Before the prisoner is released from imprisonment,   3,898        

the parole board shall impose upon a prisoner described in         3,900        

division (B) of this section, may impose upon a prisoner           3,901        

                                                          90     

                                                                 
described in division (C) of this section, and shall impose upon   3,902        

a prisoner described in division (B)(2)(b) of section 5120.031 or  3,903        

in division (B)(1) of section 5120.032 of the Revised Code, one    3,905        

or more post-release control sanctions to apply during the         3,906        

prisoner's period of post-release control.  Whenever the board                  

imposes one or more post-release control sanctions upon a          3,907        

prisoner, the board, in addition to imposing the sanctions, also   3,908        

shall include as a condition of the post-release control the       3,909        

mandatory condition described in division (A) of section 2967.131  3,910        

of the Revised Code.  The board may impose any other conditions    3,911        

of release under a post-release control sanction that the board                 

considers appropriate.  Prior to the release of a prisoner for     3,913        

whom it will impose one or more post-release control sanctions     3,914        

under this division, the parole board shall review the prisoner's  3,915        

criminal history, all juvenile court adjudications finding the     3,917        

prisoner, while a juvenile, to be a delinquent child, and the      3,918        

record of the prisoner's conduct while imprisoned.  The parole     3,919        

board shall consider any recommendation regarding post-release     3,920        

control sanctions for the prisoner made by the office of victims'               

services.  After considering those materials, the board shall      3,921        

determine, for a prisoner described in division (B) of this        3,923        

section, division (B)(2)(b) of section 5120.031, or division       3,924        

(B)(1) of section 5120.032 of the Revised Code, which              3,925        

post-release control sanction or combination of post-release       3,926        

control sanctions is reasonable under the circumstances or, for a  3,927        

prisoner described in division (C) of this section, whether a      3,928        

post-release control sanction is necessary and, if so, which       3,929        

post-release control sanction or combination of post-release       3,930        

control sanctions is reasonable under the circumstances.  In the   3,931        

case of a prisoner convicted of a felony of the fourth or fifth    3,933        

degree other than a felony sex offense, the board shall presume                 

that monitored time is the appropriate post-release control        3,934        

sanction unless the board determines that a more restrictive       3,935        

sanction is warranted.  A post-release control sanction imposed    3,936        

                                                          91     

                                                                 
under this division takes effect upon the prisoner's release from  3,937        

imprisonment.                                                      3,938        

      (2)  At any time after a prisoner is released from           3,941        

imprisonment and during the period of post-release control                      

applicable to the releasee, the adult parole authority may review  3,944        

the releasee's behavior under the post-release control sanctions   3,945        

imposed upon the releasee under this section.  The authority may                

determine, based upon the review and in accordance with the        3,946        

standards established under division (E) of this section, that a   3,947        

more restrictive or a less restrictive sanction is appropriate     3,949        

and may impose a different sanction.  Unless the period of         3,950        

post-release control was imposed for an offense described in       3,951        

division (B)(1) of this section, the authority also may recommend  3,952        

that the parole board reduce the duration of the period of         3,953        

post-release control imposed by the court.  If the authority       3,954        

recommends that the board reduce the duration of control for an    3,955        

offense described in division (B)(2), (B)(3), or (C) of this       3,956        

section, the board shall review the releasee's behavior and may    3,958        

reduce the duration of the period of control imposed by the        3,959        

court.  In no case shall the board reduce the duration of the      3,960        

period of control imposed by the court for an offense described                 

in division (B)(1) of this section, and in no case shall the       3,961        

board eliminate the mandatory condition described in division (A)  3,962        

of section 2967.131 of the Revised Code.                           3,963        

      (E)  The department of rehabilitation and correction, in     3,965        

accordance with Chapter 119. of the Revised Code, shall adopt      3,966        

rules that do all of the following:                                3,967        

      (1)  Establish standards for the imposition by the parole    3,970        

board of post-release control sanctions under this section that    3,971        

are consistent with the overriding purposes and sentencing                      

principles set forth in section 2929.11 of the Revised Code and    3,973        

that are appropriate to the needs of releasees;                                 

      (2)  Establish standards by which the parole board can       3,975        

determine which prisoners described in division (C) of this        3,977        

                                                          92     

                                                                 
section should be placed under a period of post-release control;   3,978        

      (3)  Establish standards to be used by the parole board in   3,981        

reducing the duration of the period of post-release control                     

imposed by the court when authorized under division (D) of this    3,982        

section, in imposing a more restrictive post-release control       3,984        

sanction than monitored time upon a prisoner convicted of a                     

felony of the fourth or fifth degree other than a felony sex       3,986        

offense, or in imposing a less restrictive control sanction upon   3,988        

a releasee based on the releasee's activities including, but not   3,989        

limited to, remaining free from criminal activity and from the     3,990        

abuse of alcohol or other drugs, successfully participating in     3,991        

approved rehabilitation programs, maintaining employment, and                   

paying restitution to the victim or meeting the terms of other     3,992        

financial sanctions;                                               3,993        

      (4)  Establish standards to be used by the adult parole      3,995        

authority in modifying a releasee's post-release control           3,996        

sanctions pursuant to division (D)(2) of this section;             3,997        

      (5)  Establish standards to be used by the adult parole      3,999        

authority or parole board in imposing further sanctions under      4,000        

division (F) of this section on releasees who violate              4,001        

post-release control sanctions, including standards that do the    4,002        

following:                                                                      

      (a)  Classify violations according to the degree of          4,004        

seriousness;                                                                    

      (b)  Define the circumstances under which formal action by   4,007        

the parole board is warranted;                                                  

      (c)  Govern the use of evidence at violation hearings;       4,009        

      (d)  Ensure procedural due process to an alleged violator;   4,011        

      (e)  Prescribe nonresidential community control sanctions    4,014        

for most misdemeanor and technical violations;                                  

      (f)  Provide procedures for the return of a releasee to      4,016        

imprisonment for violations of post-release control.               4,017        

      (F)(1)  If a post-release control sanction is imposed upon   4,019        

an offender under this section, the offender upon release from     4,021        

                                                          93     

                                                                 
imprisonment shall be under the general jurisdiction of the adult  4,023        

parole authority and generally shall be supervised by the parole   4,024        

supervision section through its staff of parole and field                       

officers as described in section 5149.04 of the Revised Code, as   4,026        

if the offender had been placed on parole.  If the offender upon   4,027        

release from imprisonment violates the post-release control        4,028        

sanction or the mandatory condition described in division (A) of   4,029        

section 2967.131 of the Revised Code, the public or private                     

person or entity that operates or administers the sanction or the  4,031        

program or activity that comprises the sanction shall report the   4,032        

violation directly to the adult parole authority or to the         4,033        

officer of the authority who supervises the offender.  The         4,034        

authority's officers may treat the offender as if the offender     4,035        

were on parole and in violation of the parole, and otherwise       4,036        

shall comply with this section.                                                 

      (2)  If the adult parole authority determines that a         4,038        

releasee has violated a post-release control sanction or the       4,039        

mandatory condition described in division (A) of section 2967.131  4,040        

of the Revised Code imposed upon the releasee and that a more      4,042        

restrictive sanction is appropriate, the authority may impose a    4,043        

more restrictive sanction upon the releasee, in accordance with    4,044        

the standards established under division (E) of this section, or   4,046        

may report the violation to the parole board for a hearing                      

pursuant to division (F)(3) of this section.  The authority may    4,048        

not, pursuant to this division, increase the duration of the       4,049        

releasee's post-release control, impose as a post-release control  4,050        

sanction a residential sanction that includes a prison term, or    4,051        

eliminate the mandatory condition described in division (A) of     4,052        

section 2967.131 of the Revised Code.                              4,053        

      (3)  The parole board may hold a hearing on any alleged      4,056        

violation by a releasee of a post-release control sanction or the  4,057        

mandatory condition described in division (A) of section 2967.131  4,058        

of the Revised Code imposed upon the releasee.  If after the                    

hearing the board finds that the releasee violated the sanction    4,061        

                                                          94     

                                                                 
or mandatory condition, the board may increase the duration of     4,063        

the releasee's post-release control up to the maximum duration     4,064        

authorized by division (B) or (C) of this section or impose a      4,065        

more restrictive post-release control sanction, but in no case     4,066        

shall the board eliminate the mandatory condition described in     4,067        

division (A) of section 2967.131 of the Revised Code.  When        4,068        

appropriate, the board may impose as a post-release control        4,069        

sanction a residential sanction that includes a prison term.  The  4,071        

board shall consider a prison term as a post-release control                    

sanction imposed for a violation of post-release control when the  4,072        

violation involves a deadly weapon or dangerous ordnance,          4,074        

physical harm or attempted serious physical harm to a person, or   4,075        

sexual misconduct, or when the releasee committed repeated         4,076        

violations of post-release control sanctions.  The period of a     4,077        

prison term that is imposed as a post-release control sanction     4,079        

under this division shall not exceed nine months, and the maximum  4,080        

cumulative prison term for all violations under this section       4,081        

shall not exceed one-half of the stated prison term originally     4,082        

imposed upon the offender as part of this sentence.  The period    4,083        

of a prison term that is imposed as a post-release control         4,084        

sanction under this division shall not count as, or be credited    4,085        

toward, the remaining period of post-release control.                           

      (4)  A releasee who has violated any post-release control    4,088        

sanction or the mandatory condition described in division (A) of   4,089        

section 2967.131 of the Revised Code imposed upon the releasee by               

committing a felony may be prosecuted for the new felony, and,     4,091        

upon conviction, the court shall impose sentence for the new       4,092        

felony.  In addition to the sentence imposed for the new felony,   4,093        

the court may impose a prison term for the violation, and the      4,094        

term imposed for the violation shall be reduced by the prison      4,095        

term that is administratively imposed by the parole board or       4,096        

adult parole authority as a post-release control sanction.  The                 

maximum prison term for the violation shall be either the maximum  4,098        

period of post-release control for the earlier felony under                     

                                                          95     

                                                                 
division (B) or (C) of this section minus any time the releasee    4,101        

has spent under post-release control for the earlier felony or     4,102        

twelve months, whichever is greater.  A prison term imposed for    4,103        

the violation shall be served consecutively to any prison term     4,104        

imposed for the new felony.  A prison term imposed for the         4,105        

violation, and a prison term imposed for the new felony, shall                  

not count as, or be credited toward, the remaining period of       4,106        

post-release control imposed for the earlier felony.               4,107        

      (5)  Any period of post-release control shall commence upon  4,109        

an offender's actual release from prison.  If an offender is       4,110        

serving an indefinite prison term or a life sentence in addition   4,111        

to a stated prison term, the offender shall serve the period of    4,112        

post-release control in the following manner:                      4,113        

      (a)  If a period of post-release control is imposed upon     4,115        

the offender and if the offender also is subject to a period of    4,116        

parole under a life sentence or an indefinite sentence, and if     4,117        

the period of post-release control ends prior to the period of     4,118        

parole, the offender shall be supervised on parole.  The offender  4,119        

shall receive credit for post-release control supervision during   4,120        

the period of parole.  The offender is not eligible for final      4,121        

release under section 2967.16 of the Revised Code until the                     

post-release control period otherwise would have ended.            4,122        

      (b)  If a period of post-release control is imposed upon     4,124        

the offender and if the offender also is subject to a period of    4,125        

parole under an indefinite sentence, and if the period of parole   4,126        

ends prior to the period of post-release control, the offender     4,127        

shall be supervised on post-release control.  The requirements of  4,128        

parole supervision shall be satisfied during the post-release      4,129        

control period.                                                                 

      (c)  If an offender is subject to more than one period of    4,131        

post-release control, the period of post-release control for all   4,132        

of the sentences shall be the period of post-release control that  4,133        

expires last, as determined by the parole board.  Periods of       4,134        

post-release control shall be served concurrently and shall not    4,135        

                                                          96     

                                                                 
be imposed consecutively to each other.                                         

      (d)  The period of post-release control for a releasee who   4,138        

commits a felony while under post-release control for an earlier   4,139        

felony shall be the longer of the period of post-release control   4,140        

specified for the new felony under division (B) or (C) of this     4,141        

section or the time remaining under the period of post-release     4,142        

control imposed for the earlier felony as determined by the        4,143        

parole board.                                                                   

      Sec. 3313.65.  (A)  As used in this section and section      4,152        

3313.64 of the Revised Code:                                       4,153        

      (1)  A person is "in a residential facility" if the person   4,155        

is a resident or a resident patient of an institution, home, or    4,156        

other residential facility that is:                                4,157        

      (a)  Licensed as a nursing home, residential care facility,  4,159        

or home for the aging by the director of health under section      4,161        

3721.02 of the Revised Code or licensed as a community             4,162        

alternative home by the director of health under section 3724.03   4,163        

of the Revised Code;                                                            

      (b)  Licensed as an adult care facility by the director of   4,165        

health under Chapter 3722. of the Revised Code;                    4,166        

      (c)  Maintained as a county home or district home by the     4,168        

board of county commissioners or a joint board of county           4,169        

commissioners under Chapter 5155. of the Revised Code;             4,170        

      (d)  Operated or administered by a board of alcohol, drug    4,172        

addiction, and mental health services under section 340.03 or      4,173        

340.06 of the Revised Code, or provides residential care pursuant  4,174        

to contracts made under section 340.03 or 340.033 of the Revised   4,175        

Code;                                                              4,176        

      (e)  Maintained as a state institution for the mentally ill  4,178        

under Chapter 5119. of the Revised Code;                           4,179        

      (f)  Licensed by the department of mental health under       4,181        

section 5119.20 or 5119.22 of the Revised Code;                    4,182        

      (g)  Licensed as a residential facility by the department    4,184        

of mental retardation and developmental disabilities under         4,185        

                                                          97     

                                                                 
section 5123.19 of the Revised Code;                               4,186        

      (h)  Operated by the veteran's administration or another     4,188        

agency of the United States government;                            4,189        

      (i)  The Ohio soldiers' and sailors' home.                   4,191        

      (2)  A person is "in a correctional facility" if any of the  4,193        

following apply:                                                   4,194        

      (a)  The person is an Ohio resident and is:                  4,196        

      (i)  Imprisoned, as defined in section 1.05 of the Revised   4,198        

Code;                                                              4,199        

      (ii)  Serving a term in a community-based correctional       4,201        

facility or a district community-based correctional facility;      4,202        

      (iii)  Required, as a condition of parole, shock parole,     4,204        

probation, shock probation, furlough TRANSITIONAL CONTROL, or      4,206        

early release from imprisonment, AS A CONDITION OF SHOCK PAROLE    4,207        

OR SHOCK PROBATION GRANTED UNDER THE LAW IN EFFECT PRIOR TO JULY   4,208        

1, 1996, OR AS A CONDITION OF A FURLOUGH GRANTED UNDER THE         4,209        

VERSION OF SECTION 2967.26 OF THE REVISED CODE IN EFFECT PRIOR TO  4,210        

THE EFFECTIVE DATE OF THIS AMENDMENT to reside in a halfway house  4,211        

or other community residential center licensed under section       4,212        

2967.14 of the Revised Code or a similar facility designated by    4,213        

the common pleas court that established the condition or by the    4,214        

adult parole authority.                                                         

      (b)  The person is imprisoned in a state correctional        4,216        

institution of another state or a federal correctional             4,217        

institution but was an Ohio resident at the time the sentence was  4,218        

imposed for the crime for which the person is imprisoned.          4,219        

      (3)  A person is "in a juvenile residential placement" if    4,221        

the person is an Ohio resident who is under twenty-one years of    4,222        

age and has been removed, by the order of a juvenile court, from   4,223        

the place the person resided at the time the person became         4,224        

subject to the court's jurisdiction in the matter that resulted    4,225        

in the person's removal.                                                        

      (B)  If the circumstances described in division (C) of this  4,227        

section apply, the determination of what school district must      4,228        

                                                          98     

                                                                 
admit a child to its schools and what district, if any, is liable  4,229        

for tuition shall be made in accordance with this section, rather  4,230        

than section 3313.64 of the Revised Code.                          4,231        

      (C)  A child who does not reside in the school district in   4,233        

which the child's parent resides and for whom a tuition            4,234        

obligation previously has not been established under division      4,235        

(C)(2) of section 3313.64 of the Revised Code shall be admitted    4,236        

to the schools of the district in which the child resides if at    4,237        

least one of the child's parents is in a residential or            4,238        

correctional facility or a juvenile residential placement and the  4,239        

other parent, if living and not in such a facility or placement,   4,240        

is not known to reside in this state.                              4,241        

      (D)  Regardless of who has custody or care of the child,     4,243        

whether the child resides in a home, or whether the child          4,244        

receives special education, if a district admits a child under     4,245        

division (C) of this section, tuition shall be paid to that        4,246        

district as follows:                                                            

      (1)  If the child's parent is in a juvenile residential      4,248        

placement, by the district in which the child's parent resided at  4,249        

the time the parent became subject to the jurisdiction of the      4,250        

juvenile court;                                                    4,251        

      (2)  If the child's parent is in a correctional facility,    4,253        

by the district in which the child's parent resided at the time    4,254        

the sentence was imposed;                                          4,255        

      (3)  If the child's parent is in a residential facility, by  4,257        

the district in which the parent resided at the time the parent    4,258        

was admitted to the residential facility, except that if the       4,259        

parent was transferred from another residential facility, tuition  4,260        

shall be paid by the district in which the parent resided at the   4,261        

time the parent was admitted to the facility from which the        4,262        

parent first was transferred;                                      4,263        

      (4)  In the event of a disagreement as to which school       4,265        

district is liable for tuition under division (C)(1), (2), or (3)  4,266        

of this section, the superintendent of public instruction shall    4,267        

                                                          99     

                                                                 
determine which district shall pay tuition.                        4,268        

      (E)  If a child covered by division (D) of this section      4,270        

receives special education in accordance with Chapter 3323. of     4,271        

the Revised Code, the tuition shall be paid in accordance with     4,272        

section 3323.13 or 3323.14 of the Revised Code.  Tuition for       4,273        

children who do not receive special education shall be paid in     4,274        

accordance with division (I) of section 3313.64 of the Revised     4,275        

Code.                                                              4,276        

      Sec. 5120.031.  (A)  As used in this section:                4,286        

      (1)  "Certificate of high school equivalence" means a        4,288        

statement that is issued by the state board of education or an     4,289        

equivalent agency of another state and that indicates that its     4,290        

holder has achieved the equivalent of a high school education as   4,291        

measured by scores obtained on the tests of general educational    4,292        

development published by the American council on education.        4,293        

      (2)  "Certificate of adult basic education" means a          4,295        

statement that is issued by the department of rehabilitation and   4,296        

correction through the Ohio central school system approved by the  4,297        

state board of education and that indicates that its holder has    4,298        

achieved a 6.0 grade level, or higher, as measured by scores of    4,299        

nationally standardized or recognized tests.                       4,300        

      (3)   "Deadly weapon" and "firearm" have the same meanings   4,302        

as in section 2923.11 of the Revised Code.                         4,303        

      (4)  "Eligible offender" means a person, other than one who  4,305        

is ineligible to participate in an intensive program prison under  4,307        

the criteria specified in section 5120.032 of the Revised Code,    4,308        

who has been convicted of or pleaded guilty to, and has been       4,310        

sentenced for, a felony.                                                        

      (5)  "Shock incarceration" means the program of              4,312        

incarceration that is established pursuant to the rules of the     4,313        

department of rehabilitation and correction adopted under this     4,314        

section.                                                           4,315        

      (B)(1)  The director of rehabilitation and correction, by    4,317        

rules adopted under Chapter 119. of the Revised Code, shall        4,318        

                                                          100    

                                                                 
establish a pilot program of shock incarceration that may be used  4,319        

for eligible offenders who are sentenced to serve a term of        4,320        

imprisonment under the custody of the department of                4,321        

rehabilitation and correction and whom the department, subject to  4,322        

the approval of the sentencing judge, may permit to serve their    4,324        

sentence as a sentence of shock incarceration in accordance with   4,325        

this section.                                                                   

      (2)  The rules for the pilot program shall require that the  4,327        

program be established at an appropriate state correctional        4,328        

institution designated by the director and that the program        4,329        

consist of both of the following for each eligible offender whom   4,331        

the department, with the approval of the sentencing judge,         4,333        

permits to serve the eligible offender's sentence as a sentence    4,334        

of shock incarceration:                                            4,335        

      (a)  A period of imprisonment at that institution of ninety  4,337        

days that shall consist of a military style combination of         4,338        

discipline, physical training, and hard labor and substance abuse  4,339        

education, employment skills training, social skills training,     4,340        

and psychological treatment.  During the ninety-day period, the    4,341        

department may permit an eligible offender to participate in a     4,342        

self-help program.  Additionally, during the ninety-day period,    4,343        

an eligible offender who holds a high school diploma or a          4,344        

certificate of high school equivalence may be permitted to tutor   4,345        

other eligible offenders in the shock incarceration program.  If   4,346        

an eligible offender does not hold a high school diploma or        4,347        

certificate of high school equivalence, the eligible offender may  4,348        

elect to participate in an education program that is designed to   4,350        

award a certificate of adult basic education or an education       4,351        

program that is designed to award a certificate of high school     4,352        

equivalence to those eligible offenders who successfully complete  4,353        

the education program, whether the completion occurs during or     4,354        

subsequent to the ninety-day period.  To the extent possible, the  4,355        

department shall use as teachers in the education program persons  4,356        

who have been issued a license pursuant to sections 3319.22 to     4,357        

                                                          101    

                                                                 
3319.31 of the Revised Code, who have volunteered their services   4,358        

to the education program, and who satisfy any other criteria       4,359        

specified in the rules for the pilot project.                      4,360        

      (b)  Immediately following the ninety-day period of          4,362        

imprisonment, and notwithstanding any other provision governing    4,363        

the furlough or other early release of a prisoner from             4,364        

imprisonment OR THE TRANSFER OF A PRISONER TO TRANSITIONAL         4,365        

CONTROL, one of the following, as determined by the director:      4,366        

      (i)  An intermediate, transitional type of detention for     4,369        

the period of time determined by the director and, immediately     4,370        

following the intermediate, transitional type of detention, a      4,371        

release under a post-release control sanction imposed in           4,372        

accordance with section 2967.28 of the Revised Code.  The period   4,374        

of intermediate, transitional type of detention imposed by the     4,375        

director under this division may be in a halfway house, in a       4,376        

community-based correctional facility and program or district      4,377        

community-based correctional facility and program established      4,378        

under sections 2301.51 to 2301.56 of the Revised Code, or in any   4,379        

other facility approved by the director that provides for          4,380        

detention to serve as a transition between imprisonment in a       4,381        

state correctional institution and release from imprisonment.      4,382        

      (ii)  A release under a post-release control sanction        4,385        

imposed in accordance with section 2967.28 of the Revised Code.    4,386        

      (3)  The rules for the pilot program also shall include,     4,388        

but are not limited to, all of the following:                      4,389        

      (a)  Rules identifying the locations within the state        4,391        

correctional institution designated by the director that will be   4,392        

used for eligible offenders serving a sentence of shock            4,393        

incarceration;                                                     4,394        

      (b)  Rules establishing specific schedules of discipline,    4,396        

physical training, and hard labor for eligible offenders serving   4,397        

a sentence of shock incarceration, based upon the offender's       4,398        

physical condition and needs;                                      4,399        

      (c)  Rules establishing standards and criteria for the       4,401        

                                                          102    

                                                                 
department to use in determining which eligible offenders the      4,402        

department will permit to serve their sentence of imprisonment as  4,403        

a sentence of shock incarceration;                                 4,404        

      (d)  Rules establishing guidelines for the selection of      4,408        

post-release control sanctions for eligible offenders;             4,410        

      (e)   Rules establishing procedures for notifying            4,413        

sentencing courts of the performance of eligible offenders         4,414        

serving their sentences of imprisonment as a sentence of shock     4,415        

incarceration;                                                     4,416        

      (f)  Any other rules that are necessary for the proper       4,419        

conduct of the pilot program.                                                   

      (C)(1)  Subject to disapproval by the sentencing judge, if   4,421        

an eligible offender is sentenced to a term of imprisonment under  4,423        

the custody of the department, the department may permit the       4,424        

eligible offender to serve the sentence as a sentence of shock     4,425        

incarceration, in accordance with this section and the rules       4,426        

adopted under this section.  At least three weeks prior to                      

permitting an eligible offender to serve a sentence of shock       4,429        

incarceration, the department shall notify the sentencing judge                 

of the proposed shock incarceration and of the fact that the       4,430        

judge may disapprove it.  If the sentencing judge disapproves of   4,432        

shock incarceration for the eligible offender, the judge shall     4,433        

notify the department of the disapproval within ten days after                  

receipt of the notice, and the department shall not permit the     4,435        

eligible offender to serve a sentence of shock incarceration.  If  4,436        

the judge does not timely disapprove of shock incarceration for    4,437        

the eligible offender, the department may proceed with plans for   4,438        

the shock incarceration.                                                        

      (2)  If the department permits an eligible offender to       4,440        

serve the eligible offender's sentence of imprisonment as a        4,441        

sentence of shock incarceration and the eligible offender does     4,442        

not satisfactorily complete the entire period of imprisonment      4,443        

described in division (B)(2)(a) of this section, the offender      4,444        

shall be removed from the pilot program for shock incarceration    4,445        

                                                          103    

                                                                 
and shall be required to serve the remainder of the offender's     4,446        

sentence of imprisonment imposed by the sentencing court as a      4,448        

regular term of imprisonment.  If the eligible offender commences  4,449        

a period of post-release control described in division (B)(2)(b)   4,451        

of this section and violates the conditions of that post-release   4,452        

control, the eligible offender shall be subject to the provisions  4,453        

of sections 2967.15 and 2967.28 of the Revised Code regarding      4,455        

violation of post-release control sanctions.                                    

      (3)  If an eligible offender's stated prison term expires    4,459        

at any time during the eligible offender's participation in the    4,461        

shock incarceration program, the adult parole authority shall      4,462        

terminate the eligible offender's participation in the program     4,464        

and shall issue to the eligible offender a certificate of          4,466        

expiration of the stated prison term.                              4,467        

      (D)  The director shall keep sentencing courts informed of   4,469        

the performance of eligible offenders serving their sentences of   4,470        

imprisonment as a sentence of shock incarceration, including, but  4,471        

not limited to, notice of eligible offenders who fail to           4,472        

satisfactorily complete their entire sentence of shock             4,473        

incarceration or who satisfactorily complete their entire          4,474        

sentence of shock incarceration.                                   4,475        

      (E)  Within a reasonable period of time after November 20,   4,478        

1990, the director shall appoint a committee to search for one or  4,481        

more suitable sites at which one or more programs of shock         4,482        

incarceration, in addition to the pilot program required by        4,483        

division (B)(1) of this section, may be established.  The search                

committee shall consist of the director or the director's          4,484        

designee, as chairman CHAIRPERSON; employees of the department of  4,486        

rehabilitation and correction appointed by the director; and any   4,487        

other persons that the director, in the director's discretion,     4,488        

appoints.  In searching for such sites, the search committee       4,490        

shall give preference to any site owned by the state or any other  4,491        

governmental entity and to any existing structure that reasonably  4,492        

could be renovated, enlarged, converted, or remodeled for          4,493        

                                                          104    

                                                                 
purposes of establishing such a program.  The search committee     4,494        

shall prepare a report concerning its activities and, on the       4,495        

earlier of the day that is twelve months after the first day on    4,496        

which an eligible offender began serving a sentence of shock       4,497        

incarceration under the pilot program or January 1, 1992, shall    4,498        

file the report with the president and the minority leader of the  4,499        

senate, the speaker and the minority leader of the house of        4,500        

representatives, the members of the senate who were members of     4,501        

the senate judiciary committee in the 118th general assembly or    4,502        

their successors, and the members of the house of representatives  4,503        

who were members of the select committee to hear drug legislation  4,504        

that was established in the 118th general assembly or their        4,505        

successors.  Upon the filing of the report, the search committee   4,506        

shall terminate.  The report required by this division shall       4,507        

contain all of the following:                                      4,508        

      (1)  A summary of the process used by the search committee   4,510        

in performing its duties under this division;                      4,511        

      (2)  A summary of all of the sites reviewed by the search    4,513        

committee in performing its duties under this division, and the    4,514        

benefits and disadvantages it found relative to the establishment  4,515        

of a program of shock incarceration at each such site;             4,516        

      (3)  The findings and recommendations of the search          4,518        

committee as to the suitable site or sites, if any, at which a     4,519        

program of shock incarceration, in addition to the pilot program   4,520        

required by division (B)(1) of this section, may be established.   4,521        

      (F)  The director periodically shall review the pilot        4,523        

program for shock incarceration required to be established by      4,524        

division (B)(1) of this section.  The director shall prepare a     4,525        

report relative to the pilot program and, on the earlier of the    4,526        

day that is twelve months after the first day on which an          4,527        

eligible offender began serving a sentence of shock incarceration  4,528        

under the pilot program or January 1, 1992, shall file the report  4,529        

with the president and the minority leader of the senate, the      4,530        

speaker and the minority leader of the house of representatives,   4,531        

                                                          105    

                                                                 
the members of the senate who were members of the senate           4,532        

judiciary committee in the 118th general assembly or their         4,533        

successors, and the members of the house of representatives who    4,534        

were members of the select committee to hear drug legislation      4,535        

that was established in the 118th general assembly or their        4,536        

successors.  The pilot program shall not terminate at the time of  4,537        

the filing of the report, but shall continue in operation in       4,538        

accordance with this section.  The report required by this         4,539        

division shall include all of the following:                       4,540        

      (1)  A summary of the pilot program as initially             4,542        

established, a summary of all changes in the pilot program made    4,543        

during the period covered by the report and the reasons for the    4,544        

changes, and a summary of the pilot program as it exists on the    4,545        

date of preparation of the report;                                 4,546        

      (2)  A summary of the effectiveness of the pilot program,    4,548        

in the opinion of the director and employees of the department     4,549        

involved in its operation;                                         4,550        

      (3)  An analysis of the total cost of the pilot program, of  4,552        

its cost per inmate who was permitted to serve a sentence of       4,553        

shock incarceration and who served the entire sentence of shock    4,554        

incarceration, and of its cost per inmate who was permitted to     4,555        

serve a sentence of shock incarceration;                           4,556        

      (4)  A summary of the standards and criteria used by the     4,558        

department in determining which eligible offenders were permitted  4,559        

to serve their sentence of imprisonment as a sentence of shock     4,560        

incarceration;                                                     4,561        

      (5)  A summary of the characteristics of the eligible        4,563        

offenders who were permitted to serve their sentence of            4,564        

imprisonment as a sentence of shock incarceration, which summary   4,565        

shall include, but not be limited to, a listing of every offense   4,566        

of which any such eligible offender was convicted or to which any  4,567        

such eligible offender pleaded guilty and in relation to which     4,568        

the eligible offender served a sentence of shock incarceration,    4,570        

and the total number of such eligible offenders who were           4,571        

                                                          106    

                                                                 
convicted of or pleaded guilty to each such offense;               4,572        

      (6)  A listing of the number of eligible offenders who were  4,574        

permitted to serve a sentence of shock incarceration and who did   4,575        

not serve the entire sentence of shock incarceration, and, to the  4,576        

extent possible, a summary of the length of the terms of           4,577        

imprisonment served by such eligible offenders after they were     4,578        

removed from the pilot program;                                    4,579        

      (7)  A summary of the effect of the pilot program on         4,581        

overcrowding at state correctional institutions;                   4,582        

      (8)  To the extent possible, an analysis of the rate of      4,584        

recidivism of eligible offenders who were permitted to serve a     4,585        

sentence of shock incarceration and who served the entire          4,586        

sentence of shock incarceration;                                   4,587        

      (9)  Recommendations as to legislative changes to the pilot  4,589        

program that would assist in its operation or that could further   4,590        

alleviate overcrowding at state correctional institutions, and     4,591        

recommendations as to whether the pilot program should be          4,592        

expanded.                                                          4,593        

      Sec. 5120.05.  Except as otherwise provided as to            4,602        

appointments by chiefs of divisions, the director of               4,603        

rehabilitation and correction shall appoint the employees that     4,604        

are necessary for the efficient conduct of the department of       4,605        

rehabilitation and correction and shall prescribe their titles     4,606        

and duties.  The department OF REHABILITATION AND CORRECTION may   4,607        

maintain, operate, manage, and govern all state institutions for   4,610        

the custody, control, training, and rehabilitation of persons      4,611        

convicted of crime and sentenced to correctional institutions.     4,612        

      The department may designate correctional institutions by    4,614        

appropriate respective names.                                      4,615        

      The department may receive from the department of youth      4,617        

services any children in the custody of the department of youth    4,618        

services, committed to the department of rehabilitation and        4,619        

correction by the department of youth services, upon the terms     4,620        

and conditions that are agreed upon by the departments.            4,621        

                                                          107    

                                                                 
      Sec. 5120.06.  (A)  The following divisions are hereby       4,630        

established in the department of rehabilitation and correction:    4,633        

      (A)(1)  The division of business administration;             4,635        

      (B)(2)  The division of parole and community services.       4,637        

      (B)  The director OF REHABILITATION AND CORRECTION may       4,639        

establish other OFFICES, divisions IN ADDITION TO THOSE SPECIFIED  4,641        

IN DIVISION (A) OF THIS SECTION, BUREAUS, AND OTHER                4,642        

ADMINISTRATIVE UNITS WITHIN THE DEPARTMENT OF REHABILITATION AND   4,643        

CORRECTION and prescribe their powers and duties.                  4,644        

      Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of  4,653        

the Revised Code:                                                               

      (A)  "Private, nonprofit organization" means a private       4,655        

association, organization, corporation, or other entity that is    4,656        

exempt from federal income taxation under section 501(a) and is    4,657        

described in section 501(c) of the "Internal Revenue Code of       4,658        

1986," 100 stat. STAT. 2085, 26 U.S.C.A. 501, as amended.          4,659        

      (B)  "Governmental agency" means a state agency; a           4,661        

municipal corporation, county, township, other political           4,662        

subdivision or special district in this state established by or    4,663        

pursuant to law, or a combination of those political subdivisions  4,664        

or special districts; the United States or a department,                        

division, or agency of the United States; or an agency,            4,665        

commission, or authority established pursuant to an interstate     4,666        

compact or agreement.                                              4,667        

      (C)  "State agency" means the state or one of its branches,  4,669        

offices, boards, commissions, authorities, departments,            4,670        

divisions, or other units or agencies of the state.                4,671        

      (D)  "Halfway house organization" means a private,           4,673        

nonprofit organization or a governmental agency that provides      4,674        

programs or activities in areas directly concerned with housing    4,675        

AND MONITORING offenders who are under the community supervision   4,677        

of the department of rehabilitation and correction or whom a       4,678        

court places in a halfway house pursuant to section 2929.16 of     4,679        

the Revised Code.                                                               

                                                          108    

                                                                 
      (E)  "Halfway house facility" means a capital facility in    4,681        

this state to which all of the following apply:                    4,682        

      (1)  The construction of the capital facility is authorized  4,685        

or funded by the general assembly pursuant to division (C) of      4,686        

section 5120.105 of the Revised Code.                                           

      (2)  The state owns or has a sufficient real property        4,688        

interest in the capital facility or in the site of the capital     4,689        

facility for a period of not less than the greater of the useful   4,690        

life of the capital facility, as determined by the director of     4,691        

budget and management using the guidelines for maximum maturities  4,693        

as provided under divisions (B), (C), and (E) of section 133.20    4,694        

of the Revised Code and certified to the department of             4,695        

rehabilitation and correction and the Ohio building authority, or  4,696        

the final maturity of obligations issued by the Ohio building                   

authority to finance the capital facility.                         4,697        

      (3)  The capital facility is managed directly by, or by      4,699        

contract with, the department of rehabilitation and correction     4,700        

and is used for housing offenders who are under the community      4,701        

supervision of the department of rehabilitation and correction or  4,702        

whom a court places in a halfway house pursuant to section         4,703        

2929.16 of the Revised Code.                                       4,704        

      (F)  "Construction" includes acquisition, demolition,        4,706        

reconstruction, alteration, renovation, remodeling, enlargement,   4,707        

improvement, site improvements, and related equipping and          4,708        

furnishing.                                                                     

      (G)  "General building services" means general building      4,711        

services for a halfway house facility that include, but are not    4,712        

limited to, general custodial care, security, maintenance,         4,713        

repair, painting, decoration, cleaning, utilities, fire safety,    4,714        

grounds and site maintenance and upkeep, and plumbing.             4,715        

      (H)  "Manage," "operate," or "management" means the          4,718        

provision of, or the exercise of control over the provision of,    4,719        

activities that relate to the housing of offenders in              4,720        

correctional facilities, including, but not limited to, providing  4,721        

                                                          109    

                                                                 
for release services for offenders who are under the community     4,722        

supervision of the department of rehabilitation and correction,    4,723        

whom OR ARE PLACED BY a court places in a halfway house pursuant   4,724        

to section 2929.16 of the Revised Code, and who reside in halfway  4,725        

house facilities.                                                  4,726        

      Sec. 5120.103.  (A)  To the extent that funds are            4,736        

available, the department of rehabilitation and correction, in     4,737        

accordance with this section and sections 5120.104 and 5120.105    4,738        

of the Revised Code, may construct or provide for the              4,739        

construction of halfway house facilities for offenders whom a      4,740        

court places in a halfway house pursuant to section 2929.16 of     4,741        

the Revised Code or who are eligible for community supervision by  4,742        

the department of rehabilitation and correction.                   4,743        

      (B)  A halfway house organization that seeks to construct    4,745        

ASSIST IN THE PROGRAM PLANNING OF a halfway house facility         4,746        

described in division (A) of this section shall file an            4,747        

application with the director of rehabilitation and correction.    4,748        

The applicant shall submit with the application a plan that        4,749        

specifies all of the services that will be provided to offenders   4,750        

whom a court places in a halfway house pursuant to section         4,751        

2929.16 of the Revised Code or who are eligible for community      4,752        

supervision by the department of rehabilitation and correction     4,753        

and who reside in the halfway house facility AS SET FORTH IN A     4,754        

REQUEST FOR PROPOSAL.  Upon the submission of an application, the  4,755        

division of parole and community services shall review it and, if  4,756        

the division believes it is appropriate, shall submit a            4,757        

recommendation for its approval to the director.  When the         4,758        

division submits a recommendation for approval of an application,  4,759        

the director may approve the application.  The director shall not  4,760        

take action or fail to take action, or permit the taking of        4,762        

action or the failure to take action, with respect to halfway      4,763        

house facilities that would adversely affect the exclusion of      4,764        

interest on public obligations or on fractionalized interests in   4,765        

public obligations from gross income for federal income tax        4,766        

                                                          110    

                                                                 
purposes, or the classification or qualification of the public     4,767        

obligations or the interest on or fractionalized interests in      4,768        

public obligations for, or their exemption from, other treatment   4,769        

under the Internal Revenue Code.                                                

      (C)  The director of rehabilitation and correction and the   4,771        

halfway house organization may enter into an agreement             4,772        

establishing terms for the construction PROGRAM PLANNING of the    4,773        

halfway house facility.  Any terms so established shall conform    4,775        

to the terms of any covenant or agreement pertaining to an                      

obligation from which the funds used for the construction of the   4,776        

halfway house facility are derived.                                4,777        

      (D)  The director of rehabilitation and correction, in       4,779        

accordance with Chapter 119. of the Revised Code, shall adopt      4,780        

rules that specify procedures by which a halfway house             4,781        

organization may apply for construction A CONTRACT FOR PROGRAM     4,782        

PLANNING of a halfway house facility CONSTRUCTED under this        4,783        

section, procedures for the department to follow in considering    4,784        

an application, criteria for granting approval of an application,  4,785        

and any other rules that are necessary for the proper conduct of   4,786        

the construction SELECTION OF PROGRAM PLANNERS of a halfway house  4,787        

facility.                                                                       

      Sec. 5120.104.  (A)  It is hereby declared to be a public    4,798        

purpose and an essential governmental function of the state that   4,799        

the department of rehabilitation and correction, in the name of    4,800        

the state and for the use and benefit of the department,           4,801        

purchase, acquire, construct, own, lease, or sublease capital      4,802        

facilities or sites for capital facilities for use as halfway      4,803        

house facilities.                                                               

      (B)  The director of rehabilitation and correction may       4,806        

lease or sublease capital facilities or sites for capital          4,807        

facilities under division (A) of this section to or from, and may  4,808        

make any other agreement with respect to the purchase,             4,809        

construction, management, or operation of those capital                         

facilities with, a halfway house organization that has the         4,810        

                                                          111    

                                                                 
authority under the law to operate those capital facilities and    4,812        

OR the Ohio building authority.  The director may make any lease,  4,814        

sublease, or other agreement under this division without the       4,815        

necessity for advertisement, auction, competitive bidding, court                

order, or other action or formality otherwise required by law.     4,816        

Notwithstanding any other provision of the Revised Code, the       4,817        

director shall make each lease or sublease to or from the Ohio     4,818        

building authority in accordance with division (D) of section      4,819        

152.24 of the Revised Code.                                                     

      (C)  The director, by a sale, lease, sublease, release, or   4,822        

other agreement, may dispose of real or personal property or a     4,823        

lesser interest in real or personal property that is held or       4,824        

owned by the state for the use and benefit of the department, if   4,825        

the department does not need the property or interest for its      4,826        

purposes.  The department shall make a sale, lease, sublease,      4,827        

release, or other agreement under this division upon the terms     4,828        

that it determines, subject to the approval by the governor in     4,829        

the case of a sale, lease, sublease, release, or other agreement   4,830        

regarding real property or an interest in real property.  The      4,831        

director may make a lease, sublease, or other grant of use of      4,832        

property or an interest in property under this division without    4,833        

the necessity for advertisement, auction, competitive bidding,     4,834        

court order, or other action or formality otherwise required by    4,835        

law.                                                                            

      (D)  The director may grant an easement or other interest    4,837        

in real property held by the state for the use and benefit of the  4,838        

department if that easement or interest will not interfere with    4,839        

the use of the property as a halfway house facility.               4,840        

      (E)  All property purchased, acquired, constructed, owned,   4,843        

leased, or subleased by the department in the exercise of its      4,844        

powers and duties are public property used exclusively for a       4,845        

public purpose, and that property and the income derived by the    4,846        

department from the property are exempt from all taxation within   4,847        

this state, including without limitation, ad valorem and excise    4,848        

                                                          112    

                                                                 
taxes.                                                                          

      Sec. 5120.105.  (A)  The department of administrative        4,857        

services shall provide for the construction of a halfway house     4,858        

facility in conformity with Chapter 153. of the Revised Code,      4,859        

except that construction services may be provided by the           4,861        

department of rehabilitation and correction or by a halfway house               

organization that occupies, will occupy, or is responsible for     4,862        

the management of the facility, as determined by the department    4,863        

of rehabilitation and correction.  The construction services to    4,864        

be provided by the halfway house organization under this division  4,865        

shall be specified in an agreement between the department of       4,866        

rehabilitation and correction, the department of administrative    4,867        

services, and the halfway house organization.                      4,868        

      (B)  In the absence of an agreement as specified in this     4,871        

division, the general building services for THE DIRECTOR OF        4,872        

REHABILITATION AND CORRECTION MAY ENTER INTO AN AGREEMENT WITH A   4,873        

HALFWAY HOUSE ORGANIZATION FOR THE MANAGEMENT OF a halfway house   4,874        

facility shall be provided by the department of rehabilitation     4,876        

and correction or by a halfway house organization that occupies,   4,877        

will occupy, or is responsible for the management of the           4,878        

facility, as determined by the department of rehabilitation and    4,879        

correction.  The halfway house organization that occupies, will    4,880        

occupy, or is responsible for the management of a halfway house    4,881        

facility shall pay the costs of management of and general          4,882        

building services for the halfway house facility as provided in    4,883        

an agreement between the department of rehabilitation and          4,884        

correction and the halfway house organization.                     4,885        

      (C)  No state funds, including state bond proceeds, shall    4,888        

be spent on the construction of a halfway house facility under     4,889        

sections 5120.102 to 5120.105 of the Revised Code, unless the      4,891        

general assembly has specifically authorized the spending of       4,892        

money on, or has made an appropriation to the department of        4,893        

rehabilitation and correction for, the construction of the         4,894        

halfway house facility or rental payments relating to the          4,895        

                                                          113    

                                                                 
financing of the construction of that facility.  An authorization  4,896        

to spend money or an appropriation for planning a halfway house    4,897        

facility does not constitute an authorization to spend money on,   4,898        

or an appropriation for, the construction of that facility.        4,899        

Capital funds for the construction of halfway house facilities     4,900        

under sections 5120.102 to 5120.105 of the Revised Code shall be   4,903        

paid from the adult correctional building fund created by the      4,904        

general assembly in the custody of the state treasurer.            4,905        

      Sec. 5120.16.  (A)  Persons sentenced to any institution,    4,914        

division, or place under the control and management of the         4,915        

department of rehabilitation and correction are committed to the   4,916        

control, care, and custody of the department.  Subject to          4,917        

division (B) of this section, the director of rehabilitation and   4,918        

correction or the director's designee may direct that persons      4,920        

sentenced to the department, or to any institution or place        4,921        

within the department, shall first be conveyed INITIALLY to an     4,922        

appropriate facility established and maintained by the department  4,923        

for reception, examination, observation, and classification of     4,924        

the persons so sentenced.  If a presentence investigation report   4,925        

was not prepared pursuant to section 2947.06 or 2951.03 of the     4,926        

Revised Code or Criminal Rule 32.2 regarding any person sentenced  4,927        

to the department or to any institution or place within the        4,928        

department, the director or the director's designee may order the  4,929        

department's field staff to conduct an offender background         4,930        

investigation and prepare an offender background investigation     4,931        

report regarding the person.  The investigation and report shall   4,932        

be conducted in accordance with division (A) of section 2951.03    4,933        

of the Revised Code and the report shall contain the same          4,934        

information as a presentence investigation report prepared         4,935        

pursuant to that section.                                          4,936        

      When the examination, observation, and classification of     4,938        

the person have been completed by the facility and a written       4,939        

report of the examination, observation, and classification is      4,940        

filed with the commitment papers, the director or the director's   4,941        

                                                          114    

                                                                 
designee, subject to division (B) of this section, shall assign    4,942        

the person to a suitable state institution or place maintained by  4,943        

the state within the director's department or shall designate      4,944        

that the person is to be housed in a county, multicounty,          4,945        

municipal, municipal-county, or multicounty-municipal jail or      4,946        

workhouse, if authorized by section 5120.161 of the Revised Code,               

there to be confined, cared for, treated, trained, and             4,947        

rehabilitated until paroled, released in accordance with section   4,948        

2967.20, 2967.23 2929.20, 2967.26, or 2967.28 of the Revised       4,949        

Code, or otherwise released under the order of the court that      4,952        

imposed the person's sentence.  No person committed by a probate   4,953        

court, a trial court pursuant to section 2945.40, 2945.401, or     4,954        

2945.402 of the Revised Code subsequent to a finding of not                     

guilty by reason of insanity, or a juvenile court shall be         4,955        

assigned to a state correctional institution.                      4,956        

      If a person is sentenced, committed, or assigned for the     4,958        

commission of a felony to any one of the institutions or places    4,959        

maintained by the department or to a county, multicounty,          4,960        

municipal, municipal-county, or multicounty-municipal jail or      4,961        

workhouse, the department, by order duly recorded and subject to   4,962        

division (B) of this section, may transfer the person to any       4,963        

other institution, or, if authorized by section 5120.161 of the    4,964        

Revised Code, to a county, multicounty, municipal,                 4,965        

municipal-county, or multicounty-municipal jail or workhouse.      4,966        

      (B)  If the case of a child who is alleged to be a           4,968        

delinquent child is transferred for criminal prosecution to the    4,969        

appropriate court having jurisdiction of the offense pursuant to   4,970        

division (B) or (C) of section 2151.26 of the Revised Code, if     4,972        

the child is convicted of or pleads guilty to a felony in that     4,973        

case, if the child is sentenced to a prison term, as defined in    4,974        

section 2901.01 of the Revised Code, and if the child is under     4,975        

eighteen years of age when delivered to the custody of the         4,976        

department of rehabilitation and correction, all of the following  4,977        

apply regarding the housing of the child:                          4,978        

                                                          115    

                                                                 
      (1)  Until the child attains eighteen years of age, subject  4,980        

to divisions (B)(2), (3), and (4) of this section, the department  4,982        

shall house the child in a housing unit in a state correctional                 

institution separate from inmates who are eighteen years of age    4,983        

or older.                                                          4,984        

      (2)  The department is not required to house the child in    4,986        

the manner described in division (B)(1) of this section if the     4,988        

child does not observe the rules and regulations of the                         

institution or the child otherwise creates a security risk by      4,989        

being housed separately.                                                        

      (3)  If the department receives too few inmates who are      4,991        

under eighteen years of age to fill a housing unit in a state      4,992        

correctional institution separate from inmates who are eighteen    4,993        

years of age or older, as described in division (B)(1) of this     4,994        

section, the department may house the child in a housing unit in   4,995        

a state correctional institution that includes both inmates who    4,996        

are under eighteen years of age and inmates who are eighteen       4,997        

years of age or older and under twenty-one years of age.           4,998        

      (4)  Upon the child's attainment of eighteen years of age,   5,000        

the department may house the child with the adult population of    5,001        

the state correctional institution.                                5,002        

      (C)  The director or the director's designee shall develop   5,004        

a policy for dealing with problems related to infection with the   5,005        

human immunodeficiency virus.  The policy shall include methods    5,006        

of identifying individuals committed to the custody of the         5,007        

department who are at high risk of infection with the virus, AND   5,009        

counseling these THOSE individuals, and, if it is determined to    5,010        

be medically appropriate, offering them the opportunity to be      5,011        

given an HIV test approved by the director of health pursuant to   5,013        

section 3701.241 of the Revised Code.                              5,014        

      Arrangements for housing individuals diagnosed as having     5,016        

AIDS or an AIDS-related condition shall be made by the department  5,018        

based on security and medical considerations and in accordance                  

with division (B) of this section, if applicable.                  5,019        

                                                          116    

                                                                 
      Sec. 5120.163.  AT THE TIME OF RECEPTION AND AT OTHER TIMES  5,021        

THE DIRECTOR DETERMINES TO BE APPROPRIATE, THE DEPARTMENT OF       5,022        

REHABILITATION AND CORRECTION MAY EXAMINE AND TEST A PRISONER FOR  5,023        

TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE   5,025        

DEPARTMENT MAY TEST AND TREAT INVOLUNTARILY A PRISONER IN A STATE  5,026        

CORRECTIONAL INSTITUTION WHO REFUSES TO BE TESTED OR TREATED FOR   5,027        

TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE.        5,028        

      Sec. 5120.172.  A MINOR WHOSE CASE IS TRANSFERRED FOR        5,030        

CRIMINAL PROSECUTION PURSUANT TO SECTION 2151.26 OF THE REVISED    5,032        

CODE, WHO IS PROSECUTED AS AN ADULT AND IS CONVICTED OF OR PLEADS  5,033        

GUILTY TO ONE OR MORE OFFENSES IN THAT CASE, AND WHO IS SENTENCED  5,034        

TO A PRISON TERM OR TERM OF IMPRISONMENT IN A STATE CORRECTIONAL   5,036        

INSTITUTION FOR ONE OR MORE OF THOSE OFFENSES SHALL BE CONSIDERED               

EMANCIPATED FOR THE PURPOSE OF CONSENTING TO MEDICAL TREATMENT     5,038        

WHILE CONFINED IN THE STATE CORRECTIONAL INSTITUTION.              5,039        

      Sec. 5120.211.  (A)  AS USED IN THIS SECTION:                5,042        

      (1)  "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT    5,044        

IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF            5,045        

REHABILITATION AND CORRECTION BY THE DIRECTOR OF REHABILITATION    5,046        

AND CORRECTION, A COMMITTEE APPOINTED AT A STATE CORRECTIONAL      5,047        

INSTITUTION BY THE MANAGING OFFICER OF THE INSTITUTION, OR A DULY               

AUTHORIZED SUBCOMMITTEE OF A COMMITTEE OF THAT NATURE AND THAT IS  5,048        

DESIGNATED TO CARRY OUT QUALITY ASSURANCE PROGRAM ACTIVITIES.      5,049        

      (2)  "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE       5,051        

PROGRAM WITHIN THE DEPARTMENT OF REHABILITATION AND CORRECTION     5,052        

TO SYSTEMATICALLY REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND    5,053        

MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS               5,055        

INSTITUTIONS, THE SAFETY AND SECURITY OF PERSONS RECEIVING                      

MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS   5,057        

INSTITUTIONS, AND THE EFFICIENCY AND EFFECTIVENESS OF THE          5,058        

UTILIZATION OF STAFF AND RESOURCES IN THE DELIVERY OF MEDICAL AND  5,059        

MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS                            

INSTITUTIONS.                                                      5,060        

      (3)  "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDES THE     5,062        

                                                          117    

                                                                 
ACTIVITIES OF THE INSTITUTIONAL AND CENTRAL OFFICE QUALITY         5,063        

ASSURANCE COMMITTEES, OF PERSONS WHO PROVIDE, COLLECT, OR COMPILE  5,064        

INFORMATION AND REPORTS REQUIRED BY QUALITY ASSURANCE COMMITTEES,  5,065        

AND OF PERSONS WHO RECEIVE, REVIEW, OR IMPLEMENT THE                            

RECOMMENDATIONS MADE BY QUALITY ASSURANCE COMMITTEES.  "QUALITY    5,066        

ASSURANCE PROGRAM ACTIVITIES" INCLUDES CREDENTIALING, INFECTION    5,067        

CONTROL, UTILIZATION REVIEW INCLUDING ACCESS TO PATIENT CARE,      5,068        

PATIENT CARE ASSESSMENTS, MEDICAL AND MENTAL HEALTH RECORDS,       5,069        

MEDICAL AND MENTAL HEALTH RESOURCE MANAGEMENT, MORTALITY AND       5,071        

MORBIDITY REVIEW, AND IDENTIFICATION AND PREVENTION OF MEDICAL OR               

MENTAL HEALTH INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY  5,072        

ASSURANCE COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY    5,073        

ASSURANCE COMMITTEE.                                               5,074        

      (4)  "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS,      5,076        

RECORDS, MINUTES, AND REPORTS THAT EMANATE FROM QUALITY ASSURANCE  5,077        

PROGRAM ACTIVITIES.  "QUALITY ASSURANCE RECORDS" DOES NOT INCLUDE  5,078        

AGGREGATE STATISTICAL INFORMATION THAT DOES NOT DISCLOSE THE       5,080        

IDENTITY OF PERSONS RECEIVING OR PROVIDING MEDICAL OR MENTAL                    

HEALTH SERVICES IN STATE CORRECTIONAL INSTITUTIONS.                5,081        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  5,084        

QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC      5,085        

RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE     5,086        

USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY       5,087        

ASSURANCE PROGRAM.                                                              

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  5,089        

PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS    5,090        

AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS       5,091        

SHALL WILFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY PERSON  5,092        

OR ENTITY.                                                                      

      (C)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  5,095        

NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY, AND IS  5,096        

NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE      5,097        

PROCEEDING.                                                                     

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  5,100        

                                                          118    

                                                                 
MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS                      

PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM  5,101        

SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR         5,102        

ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE        5,103        

RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION,            5,104        

EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,                    

MEMBER, OR PERSON.                                                 5,105        

      (3)  INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE  5,107        

FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING             5,108        

UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL   5,110        

OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED    5,112        

TO A QUALITY ASSURANCE COMMITTEE.  NO PERSON TESTIFYING BEFORE A   5,113        

QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A                      

QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS  5,114        

TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT   5,116        

BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY           5,117        

ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A  5,118        

RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.                          

      (D)(1)  A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE   5,121        

BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO     5,122        

THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY                 

ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE IN A CIVIL ACTION FOR   5,123        

INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY PERSON AS A    5,124        

RESULT OF PROVIDING THE INFORMATION.                               5,125        

      (2)  A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON     5,127        

ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE   5,128        

OF THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL NOT BE    5,129        

LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO  5,130        

PERSON OR PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS,          5,131        

DECISIONS, OR OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF   5,132        

THE QUALITY ASSURANCE PROGRAM.                                                  

      (3)  NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION   5,134        

OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A       5,135        

PATIENT.                                                                        

                                                          119    

                                                                 
      (E)  QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND         5,138        

TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,                 

ONLY TO THE FOLLOWING PERSONS OR ENTITIES OR IN THE FOLLOWING      5,139        

CIRCUMSTANCES:                                                     5,140        

      (1)  PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT  5,142        

OF REHABILITATION AND CORRECTION AND WHO HAVE AUTHORITY TO         5,144        

EVALUATE OR IMPLEMENT THE RECOMMENDATIONS OF AN INSTITUTIONAL OR   5,146        

CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;                                     

      (2)  PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED   5,148        

TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO STATE  5,149        

CORRECTIONAL INSTITUTIONS OR TO PERFORM MONITORING OF STATE        5,150        

CORRECTIONAL INSTITUTIONS AS REQUIRED BY LAW;                      5,151        

      (3)  A GOVERNMENTAL BOARD OR AGENCY, A PROFESSIONAL HEALTH   5,153        

CARE SOCIETY OR ORGANIZATION, OR A PROFESSIONAL STANDARDS REVIEW   5,154        

ORGANIZATION, IF THE RECORDS OR TESTIMONY ARE NEEDED TO PERFORM    5,155        

LICENSING, CREDENTIALING, OR MONITORING OF PROFESSIONAL STANDARDS  5,156        

WITH RESPECT TO MEDICAL OR MENTAL HEALTH PROFESSIONALS EMPLOYED    5,157        

OR RETAINED BY THE DEPARTMENT;                                                  

      (4)  A CRIMINAL OR CIVIL LAW ENFORCEMENT AGENCY OR PUBLIC    5,159        

HEALTH AGENCY CHARGED BY LAW WITH THE PROTECTION OF PUBLIC HEALTH  5,160        

OR SAFETY, IF A QUALIFIED REPRESENTATIVE OF THE AGENCY MAKES A     5,161        

WRITTEN REQUEST STATING THAT THE RECORDS OR TESTIMONY IS           5,162        

NECESSARY FOR A PURPOSE AUTHORIZED BY LAW;                                      

      (5)  IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING COMMENCED    5,164        

BY AN ENTITY DESCRIBED IN DIVISION (E)(3) OR (4) OF THIS SECTION   5,165        

AND FOR A PURPOSE DESCRIBED IN THAT DIVISION, BUT ONLY WITH        5,167        

RESPECT TO THE SUBJECT OF THE PROCEEDINGS.                                      

      (F)  A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO   5,169        

DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE          5,171        

CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY        5,172        

ASSURANCE RECORDS.  THE NAMES AND OTHER IDENTIFYING INFORMATION    5,173        

REGARDING INDIVIDUAL PATIENTS, EMPLOYEES, OR MEMBERS OF A QUALITY  5,174        

ASSURANCE COMMITTEE CONTAINED IN A QUALITY ASSURANCE RECORD SHALL  5,176        

BE DELETED FROM THE RECORD PRIOR TO THE DISCLOSURE OF THE RECORD   5,177        

                                                          120    

                                                                 
UNLESS THE IDENTITY OF AN INDIVIDUAL IS NECESSARY TO THE PURPOSE   5,178        

FOR WHICH DISCLOSURE IS BEING MADE AND DOES NOT CONSTITUTE A       5,179        

CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY.                  5,180        

      Sec. 5120.331.  (A)  Not later than the first day of April   5,190        

of each year, the department of rehabilitation and correction      5,191        

shall prepare an annual report covering the preceding calendar     5,192        

year that does all of the following:                                            

      (1)  Indicates the total number of persons sentenced to any  5,194        

institution, division, or place under its control and management   5,195        

who are delivered within that calendar year to its custody and     5,196        

control;                                                           5,197        

      (2)  Indicates the total number of persons who, during that  5,199        

calendar year, were released from a prison term on any of the      5,201        

following bases:                                                   5,202        

      (a)  On judicial release under section 2929.20 of the        5,205        

Revised Code;                                                      5,206        

      (b)  On furlough TRANSITIONAL CONTROL under section 2967.26  5,208        

of the Revised Code;                                               5,209        

      (c)  On parole;                                              5,211        

      (d)  Due to the expiration of the stated prison term         5,213        

imposed;                                                                        

      (e)  On any basis not described in divisions (A)(2)(a) to    5,215        

(d) of this section.                                               5,216        

      (3)  Lists each offense, by Revised Code section number      5,218        

and, if applicable, by designated name, for which at least one     5,219        

person who was released from a prison term in that calendar year   5,221        

was serving a prison term at the time of release;                  5,223        

      (4)  For each offense included in the list described in      5,225        

division (A)(3) of this section, indicates all of the following:   5,226        

      (a)  The total number of persons released from a prison      5,228        

term in that calendar year who were serving a prison term for      5,230        

that offense at the time of release;                               5,231        

      (b)  The shortest, longest, and average prison term that     5,233        

had been imposed for that offense upon the persons described in    5,236        

                                                          121    

                                                                 
division (A)(4)(a) of this section and that they were serving at   5,237        

the time of release;                                                            

      (c)  The shortest, longest, and average period of            5,239        

imprisonment actually served by the persons described in division  5,240        

(A)(4)(a) of this section under a prison term that had been        5,242        

imposed for that offense upon them and that they were serving at   5,243        

the time of release;                                               5,244        

      (d)  The total number of persons released from a prison      5,246        

term in that calendar year under each of the bases for release     5,248        

set forth in division (A)(2) of this section who were serving a    5,249        

prison term for that offense at the time of release;               5,250        

      (e)  The shortest, longest, and average prison term that     5,252        

had been imposed for that offense upon the persons in each         5,255        

category described in division (A)(4)(d) of this section and that  5,256        

they were serving at the time of release;                                       

      (f)  The shortest, longest, and average period of            5,258        

imprisonment actually served by the persons in each category       5,259        

described in division (A)(4)(d) of this section under a prison     5,261        

term that had been imposed for that offense upon them and that     5,262        

they were serving at the time of release.                          5,263        

      (B)  No report prepared under division (A) of this section   5,265        

shall identify or enable the identification of any person          5,266        

released from a prison term in the preceding calendar year.        5,268        

      (C)  Each annual report prepared under division (A) of this  5,270        

section shall be distributed to each member of the general         5,271        

assembly.                                                          5,272        

      (D)  As used in this section, "prison term" and "stated      5,274        

prison term" have the same meanings as in section 2929.01 of the   5,275        

Revised Code.                                                                   

      Sec. 5120.38.  Subject to the rules and regulations of the   5,284        

department of rehabilitation and correction, each institution      5,285        

under the department's jurisdiction shall be under the control of  5,286        

a managing officer known as a superintendent WARDEN or other       5,287        

appropriate title.  Such THE managing officer shall be appointed   5,289        

                                                          122    

                                                                 
by the director of the department of rehabilitation and            5,291        

correction and shall be in the unclassified service and serve at   5,292        

the pleasure of the director.  Appointment to the position of      5,293        

managing officer shall be made from persons holding positions in   5,294        

the classified service in the department.  A WHO HAVE CRIMINAL     5,295        

JUSTICE EXPERIENCE.                                                             

      A person so WHO IS appointed TO THE POSITION OF MANAGING     5,298        

OFFICER FROM A POSITION IN THE CLASSIFIED SERVICE shall retain                  

the right to resume the position and status THAT THE PERSON held   5,300        

by him in the classified service immediately prior to his THE      5,303        

appointment.  Upon being relieved of his THE PERSON'S duties as    5,304        

managing officer, such THE person shall be reinstated to the       5,306        

position in the classified service THAT THE PERSON held by him     5,307        

immediately prior to his THE appointment to the position of        5,308        

managing officer or to another position, certified by THAT the     5,310        

director, with approval of the state department of personnel       5,311        

ADMINISTRATIVE SERVICES, CERTIFIES as being substantially equal    5,313        

to such THAT PRIOR position.  Service as a managing officer shall  5,314        

be counted as service in the position in the classified service    5,315        

held by such THE person immediately preceding his THE appointment  5,317        

as managing officer.  When such A person WHO is reinstated to a    5,319        

position in the classified service, as provided in this section,   5,320        

he shall be entitled to all rights and emoluments accruing to      5,321        

such THE position during the time of his THE PERSON'S service as   5,322        

managing officer.                                                  5,323        

      The managing officer, under the director, shall have entire  5,325        

executive charge of the institution for which such THE managing    5,326        

officer is appointed.  Subject to civil service rules and          5,327        

regulations, the managing officer shall appoint the necessary      5,328        

employees, and he THE MANAGING OFFICER or the director may remove  5,330        

such employees for cause.  A report of all appointments,           5,331        

resignations, and discharges shall be filed with the director at   5,332        

the close of each month.                                           5,333        

      After conference with the managing officer of each           5,335        

                                                          123    

                                                                 
institution, the director shall determine the number of employees  5,336        

to be appointed to the various institutions.                       5,337        

      Sec. 5120.381.  SUBJECT TO THE RULES OF THE DEPARTMENT OF    5,339        

REHABILITATION AND CORRECTION, THE DIRECTOR OF REHABILITATION AND  5,340        

CORRECTION MAY APPOINT A DEPUTY WARDEN FOR EACH INSTITUTION UNDER  5,341        

THE JURISDICTION OF THE DEPARTMENT.  A DEPUTY WARDEN SHALL BE IN   5,342        

THE UNCLASSIFIED SERVICE AND SERVE AT THE PLEASURE OF THE          5,343        

DIRECTOR.  THE DIRECTOR SHALL MAKE AN APPOINTMENT TO THE POSITION               

OF DEPUTY WARDEN FROM PERSONS HAVING CRIMINAL JUSTICE EXPERIENCE.  5,344        

A PERSON WHO IS APPOINTED TO A POSITION AS DEPUTY WARDEN FROM A    5,345        

POSITION IN THE CLASSIFIED SERVICE SHALL RETAIN THE RIGHT TO       5,346        

RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE         5,347        

CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT.  IF THE   5,348        

PERSON IS RELIEVED OF THE PERSON'S DUTIES AS DEPUTY WARDEN, THE                 

DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION IN THE         5,350        

CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR TO THE   5,351        

APPOINTMENT AS DEPUTY WARDEN OR TO ANOTHER POSITION THAT IS        5,352        

CERTIFIED BY THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF                   

ADMINISTRATIVE SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT      5,353        

PRIOR POSITION.  SERVICE AS DEPUTY WARDEN SHALL BE COUNTED AS      5,354        

SERVICE IN THE POSITION IN THE CLASSIFIED SERVICE THAT THE PERSON  5,355        

HELD IMMEDIATELY PRECEDING THE APPOINTMENT AS DEPUTY WARDEN.  A    5,356        

PERSON WHO IS REINSTATED TO A POSITION IN THE CLASSIFIED SERVICE   5,357        

AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL RIGHTS AND                       

EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF THE         5,358        

PERSON'S SERVICE AS DEPUTY WARDEN.                                 5,359        

      Sec. 5120.382.  EXCEPT AS OTHERWISE PROVIDED IN THIS         5,361        

CHAPTER FOR APPOINTMENTS BY DIVISION CHIEFS AND MANAGING           5,362        

OFFICERS, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL      5,365        

APPOINT EMPLOYEES WHO ARE NECESSARY FOR THE EFFICIENT CONDUCT OF                

THE DEPARTMENT OF REHABILITATION AND CORRECTION AND PRESCRIBE      5,366        

THEIR TITLES AND DUTIES.  A PERSON WHO IS APPOINTED TO AN          5,367        

UNCLASSIFIED POSITION FROM A POSITION IN THE CLASSIFIED SERVICE    5,368        

SHALL SERVE AT THE PLEASURE OF THE DIRECTOR AND RETAIN THE RIGHT   5,369        

                                                          124    

                                                                 
TO RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE      5,370        

CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT.  IF THE   5,371        

PERSON IS RELIEVED OF THE PERSON'S DUTIES FOR THE UNCLASSIFIED     5,372        

POSITION, THE DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION  5,373        

IN THE CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR   5,374        

TO THE APPOINTMENT OR TO ANOTHER POSITION THAT IS CERTIFIED BY     5,375        

THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE    5,376        

SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT PRIOR CLASSIFIED    5,377        

POSITION.  SERVICE IN THE UNCLASSIFIED SERVICE PURSUANT TO THE     5,378        

APPOINTMENT SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE                  

CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRECEDING THE  5,379        

APPOINTMENT.  A PERSON WHO IS REINSTATED TO A POSITION IN THE      5,380        

CLASSIFIED SERVICE AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL  5,381        

RIGHTS AND EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF  5,382        

THE PERSON'S UNCLASSIFIED SERVICE.                                              

      Sec. 5120.56.  (A)  AS USED IN THIS SECTION:                 5,385        

      (1)  "ANCILLARY SERVICES" MEANS SERVICES PROVIDED TO AN      5,387        

OFFENDER AS NECESSARY FOR THE PARTICULAR CIRCUMSTANCES OF THE      5,388        

OFFENDER'S PERSONAL SUPERVISION, INCLUDING, BUT NOT LIMITED TO,    5,389        

SPECIALIZED COUNSELING, TESTING, OR OTHER SERVICES NOT INCLUDED    5,391        

IN THE CALCULATION OF RESIDENTIAL OR SUPERVISION COSTS.            5,392        

      (2)  "COST DEBT" MEANS A COST OF INCARCERATION OR            5,394        

SUPERVISION THAT MAY BE ASSESSED AGAINST AND COLLECTED FROM AN     5,395        

OFFENDER AS A DEBT TO THE STATE AS DESCRIBED IN DIVISION (E) OF    5,396        

THIS SECTION.                                                      5,397        

      (3)  "DETENTION FACILITY" MEANS ANY PLACE USED FOR THE       5,399        

CONFINEMENT OF A PERSON CHARGED WITH OR CONVICTED OF ANY CRIME.    5,400        

      (4)  "OFFENDER" MEANS ANY INMATE, PAROLEE, PROBATIONER,      5,402        

RELEASEE, OR OTHER PERSON WHO HAS BEEN CONVICTED OF OR PLEADED     5,404        

GUILTY TO ANY FELONY OR MISDEMEANOR AND IS SENTENCED TO ANY OF     5,405        

THE FOLLOWING:                                                                  

      (a)  A TERM OF IMPRISONMENT, A PRISON TERM, OR ANOTHER TYPE  5,407        

OF CONFINEMENT IN A DETENTION FACILITY;                            5,409        

      (b)  PARTICIPATION IN ANOTHER CORRECTIONAL PROGRAM IN LIEU   5,411        

                                                          125    

                                                                 
OF INCARCERATION.                                                  5,412        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     5,415        

RECOVER FROM AN OFFENDER WHO IS IN ITS CUSTODY OR UNDER ITS                     

SUPERVISION ANY COST DEBT DESCRIBED IN DIVISION (E) OF THIS        5,417        

SECTION.  TO SATISFY A COST DEBT DESCRIBED IN THAT DIVISION THAT   5,418        

RELATES TO AN OFFENDER, THE DEPARTMENT MAY APPLY DIRECTLY ASSETS   5,419        

THAT ARE IN THE DEPARTMENT'S POSSESSION AND THAT ARE BEING HELD    5,420        

FOR THAT OFFENDER WITHOUT FURTHER PROCEEDINGS IN AID OF            5,422        

EXECUTION, AND, IF ASSETS BELONGING TO OR SUBJECT TO THE           5,424        

DIRECTION OF THAT OFFENDER ARE IN THE POSSESSION OF A THIRD                     

PARTY, THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO          5,425        

INITIATE PROCEEDINGS TO COLLECT THE ASSETS FROM THE THIRD PARTY    5,426        

TO SATISFY THE COST DEBT.                                                       

      (C)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     5,429        

REQUIRE ANY OFFENDER TO REIMBURSE A LOCAL GOVERNMENT OR PRIVATE    5,430        

ENTITY FOR ANY SERVICE PROVIDED TO THE OFFENDER IN A PROGRAM OF    5,431        

THE LOCAL GOVERNMENT OR PRIVATE ENTITY THAT IS FUNDED IN WHOLE OR  5,432        

IN PART BY THE STATE.  THE DEPARTMENT MAY AUTHORIZE THE LOCAL      5,433        

GOVERNMENT OR PRIVATE ENTITY TO OBTAIN REIMBURSEMENT FROM THE      5,434        

OFFENDER ON BEHALF OF THE DEPARTMENT.  THE DEPARTMENT MAY REQUIRE  5,435        

THE LOCAL GOVERNMENT OR PRIVATE ENTITY TO REIMBURSE THE STATE      5,436        

FUNDING AUTHORITY FOR THE REIMBURSED FUNDS COLLECTED FROM          5,437        

OFFENDERS ON ITS BEHALF, OR MAY REQUIRE THAT THE LOCAL GOVERNMENT  5,439        

OR PRIVATE ENTITY MANAGE AND EXPEND THE REIMBURSED FUNDS, IN       5,441        

ACCORDANCE WITH ANY RULES ADOPTED UNDER DIVISION (G) OF THIS       5,442        

SECTION.                                                                        

      (D)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (F) OR (H) OF  5,446        

THIS SECTION, ALL OF THE FOLLOWING ASSETS OF AN OFFENDER SHALL BE  5,447        

SUBJECT TO ATTACHMENT, COLLECTION, OR APPLICATION TOWARD THE COST  5,448        

DEBTS DESCRIBED IN DIVISION (E) OF THIS SECTION THAT ARE TO BE     5,449        

RECOVERED UNDER DIVISION (B) OF THIS SECTION:                      5,450        

      (1)  SUBJECT TO DIVISION (F) OF THIS SECTION, ANY PAY THE    5,452        

OFFENDER RECEIVES FROM THE STATE;                                  5,453        

      (2)  SUBJECT TO DIVISION (F) OF THIS SECTION, ANY FUNDS THE  5,455        

                                                          126    

                                                                 
OFFENDER RECEIVES FROM PERSONS ON AN APPROVED VISITOR LIST;        5,457        

      (3)  ANY LIQUID ASSETS BELONGING TO THE OFFENDER AND IN THE  5,459        

CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION;        5,460        

      (4)  ANY ASSETS THE OFFENDER ACQUIRES OR ANY OTHER INCOME    5,462        

THE OFFENDER EARNS SUBSEQUENT TO THE OFFENDER'S COMMITMENT.        5,464        

      (E)  COSTS OF INCARCERATION OR SUPERVISION THAT MAY BE       5,467        

ASSESSED AGAINST AND COLLECTED FROM AN OFFENDER UNDER DIVISION     5,468        

(B) OF THIS SECTION AS A DEBT TO THE STATE SHALL INCLUDE, BUT ARE  5,469        

NOT LIMITED TO, ALL OF THE FOLLOWING COSTS THAT ACCRUE WHILE THE   5,470        

OFFENDER IS IN THE CUSTODY OR UNDER THE SUPERVISION OF THE         5,471        

DEPARTMENT OF REHABILITATION AND CORRECTION:                                    

      (1)  ANY USER FEE OR COPAYMENT FOR SERVICES AT A DETENTION   5,473        

FACILITY OR HOUSING FACILITY, INCLUDING, BUT NOT LIMITED TO, A     5,474        

FEE OR COPAYMENT FOR SICK CALL VISITS;                             5,475        

      (2)  ASSESSMENT FOR DAMAGE TO OR DESTRUCTION OF PROPERTY IN  5,477        

A DETENTION FACILITY SUBSEQUENT TO COMMITMENT;                     5,478        

      (3)  RESTITUTION TO AN OFFENDER OR TO A STAFF MEMBER OF A    5,480        

STATE CORRECTIONAL INSTITUTION FOR THEFT, LOSS, OR DAMAGE TO THE   5,481        

PERSONAL PROPERTY OF THE OFFENDER OR STAFF MEMBER;                 5,483        

      (4)  THE COST OF HOUSING AND FEEDING THE OFFENDER IN A       5,485        

DETENTION FACILITY;                                                5,486        

      (5)  THE COST OF SUPERVISION OF THE OFFENDER;                5,488        

      (6)  THE COST OF ANY ANCILLARY SERVICES PROVIDED TO THE      5,490        

OFFENDER.                                                                       

      (F)  THE COST OF HOUSING AND FEEDING AN OFFENDER IN A STATE  5,493        

CORRECTIONAL INSTITUTION SHALL NOT BE COLLECTED FROM A PAYMENT     5,494        

MADE TO THE OFFENDER FOR PERFORMING AN ACTIVITY AT A STATE JOB OR               

ASSIGNMENT THAT PAYS LESS THAN THE MINIMUM WAGE OR FROM MONEY THE  5,495        

OFFENDER RECEIVES FROM VISITORS, UNLESS THE COMBINED ASSETS IN     5,496        

THE OFFENDER'S INSTITUTION PERSONAL ACCOUNT EXCEED, AT ANY TIME,   5,497        

ONE HUNDRED DOLLARS.  IF THE COMBINED ASSETS IN THAT ACCOUNT       5,498        

EXCEED ONE HUNDRED DOLLARS, THE COST OF HOUSING AND FEEDING THE    5,499        

OFFENDER MAY BE COLLECTED FROM THE AMOUNT IN EXCESS OF ONE         5,500        

HUNDRED DOLLARS.                                                   5,501        

                                                          127    

                                                                 
      (G)(1)  THE DEPARTMENT OF REHABILITATION AND CORRECTION      5,504        

SHALL ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE   5,505        

TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.                     5,506        

      (2)  THE RULES ADOPTED UNDER DIVISION (G)(1) OF THIS         5,509        

SECTION SHALL INCLUDE, BUT ARE NOT LIMITED TO, RULES THAT          5,510        

ESTABLISH OR CONTAIN ALL OF THE FOLLOWING:                                      

      (a)  A PROCESS FOR ASCERTAINING THE ITEMS OF COST TO BE      5,512        

ASSESSED AGAINST AN OFFENDER;                                      5,513        

      (b)  SUBJECT TO DIVISION (G)(3) OF THIS SECTION, A PROCESS   5,516        

BY WHICH THE OFFENDER SHALL HAVE THE OPPORTUNITY TO RESPOND TO     5,517        

THE ASSESSMENT OF COSTS UNDER DIVISION (B) OR (C) OF THIS SECTION  5,518        

AND TO CONTEST ANY ITEM OF COST IN THE DEPARTMENT'S CALCULATION    5,519        

OR AS IT APPLIES TO THE OFFENDER;                                               

      (c)  A REQUIREMENT THAT THE OFFENDER BE NOTIFIED, IN         5,521        

WRITING, OF A FINAL DECISION TO COLLECT OR APPLY THE OFFENDER'S    5,522        

ASSETS UNDER DIVISION (B) OR (C) OF THIS SECTION AND THAT THE      5,523        

NOTIFICATION BE PROVIDED AFTER THE OFFENDER HAS HAD AN             5,524        

OPPORTUNITY TO CONTEST THE APPLICATION OR COLLECTION;              5,525        

      (d)  CRITERIA FOR EVALUATING AN OFFENDER'S ONGOING,          5,527        

PERMANENT INJURY AND EVALUATING THE ABILITY OF THAT TYPE OF        5,528        

OFFENDER TO PROVIDE FOR THE OFFENDER AFTER INCARCERATION.          5,529        

      (3)  THE RULES ADOPTED UNDER DIVISION (G)(1) OF THIS         5,532        

SECTION MAY ALLOW THE COLLECTION OF A COST DEBT AS A FLAT FEE OR   5,533        

OVER TIME IN INSTALLMENTS.  IF THE COST DEBT IS TO BE COLLECTED    5,534        

OVER TIME IN INSTALLMENTS, THE RULES ARE NOT REQUIRED TO PERMIT    5,535        

THE OFFENDER AN OPPORTUNITY TO CONTEST THE ASSESSMENT OF EACH      5,536        

INSTALLMENT.  THE RULES MAY ESTABLISH A STANDARD FEE TO APPLY TO                

ALL OFFENDERS WHO RECEIVE A PARTICULAR SERVICE.                    5,537        

      (H)  THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL   5,540        

NOT COLLECT COST DEBTS OR APPLY OFFENDER ASSETS TOWARD A COST      5,541        

DEBT UNDER DIVISION (B) OR (C) OF THIS SECTION IF, DUE TO AN       5,542        

ONGOING, PERMANENT INJURY, THE COLLECTION OR APPLICATION WOULD     5,543        

UNJUSTLY LIMIT THE OFFENDER'S ABILITY TO PROVIDE FOR THE OFFENDER  5,544        

AFTER INCARCERATION.                                                            

                                                          128    

                                                                 
      (I)  IF AN OFFENDER ACQUIRES ASSETS AFTER THE OFFENDER IS    5,547        

CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE AND IF THE TRANSFEROR  5,548        

KNOWS OF THE OFFENDER'S STATUS AS AN OFFENDER, THE TRANSFEROR                   

SHALL NOTIFY THE DEPARTMENT OF REHABILITATION AND CORRECTION IN    5,549        

ADVANCE OF THE TRANSFER.                                           5,550        

      (J)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE       5,553        

OFFENDER FINANCIAL RESPONSIBILITY FUND.  ALL MONEYS COLLECTED BY   5,554        

OR ON BEHALF OF THE DEPARTMENT UNDER THIS SECTION, AND ALL MONEYS               

CURRENTLY IN THE DEPARTMENT'S CUSTODY THAT ARE APPLIED TO SATISFY  5,556        

AN ALLOWABLE COST DEBT UNDER THIS SECTION, SHALL BE DEPOSITED      5,558        

INTO THE FUND.  THE DEPARTMENT OF REHABILITATION AND CORRECTION                 

MAY EXPEND MONEYS IN THE FUND FOR GOODS AND SERVICES OF THE SAME   5,559        

TYPE AS THOSE FOR WHICH OFFENDERS ARE ASSESSED PURSUANT TO THIS    5,560        

SECTION.                                                                        

      Sec. 5120.99.  A PERSON WHO VIOLATES DIVISION (B)(2) OF      5,563        

SECTION 5120.211 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN  5,565        

TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE  5,566        

THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE.              5,567        

      Sec. 5122.10.  Any psychiatrist, licensed clinical           5,576        

psychologist, licensed physician, health officer, parole officer,  5,577        

police officer, or sheriff may take a person into custody, or the  5,578        

chief of the adult parole authority or a parole or probation       5,579        

officer with the approval of the chief of the authority may take   5,580        

a parolee, probationer, OFFENDER ON POST-RELEASE CONTROL, or       5,581        

furloughee OFFENDER UNDER TRANSITIONAL CONTROL into custody and    5,582        

may immediately transport him THE PAROLEE, PROBATIONER, OFFENDER   5,584        

ON POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL    5,586        

to a hospital or, notwithstanding section 5119.20 of the Revised   5,588        

Code, to a general hospital not licensed by the department of      5,589        

mental health where he THE PAROLEE, PROBATIONER, OFFENDER ON       5,590        

POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL may   5,591        

be held for the period prescribed in this section, if the          5,593        

psychiatrist, licensed clinical psychologist, licensed physician,  5,594        

health officer, parole officer, police officer, or sheriff has                  

                                                          129    

                                                                 
reason to believe that the person is a mentally ill person         5,596        

subject to hospitalization by court order under division (B) of    5,597        

section 5122.01 of the Revised Code, and represents a substantial  5,598        

risk of physical harm to himself SELF or others if allowed to      5,599        

remain at liberty pending examination.                             5,600        

      A written statement shall be given to such hospital by the   5,602        

transporting psychiatrist, licensed clinical psychologist,         5,603        

licensed physician, health officer, parole officer, police         5,604        

officer, chief of the adult parole authority, parole or probation  5,605        

officer, or sheriff stating the circumstances under which such     5,606        

person was taken into custody and the reasons for the              5,607        

psychiatrist's, licensed clinical psychologist's, licensed         5,608        

physician's, health officer's, parole officer's, police            5,609        

officer's, chief of the adult parole authority's, parole or        5,610        

probation officer's, or sheriff's belief.  This statement shall    5,611        

be made available to the respondent or his THE RESPONDENT'S        5,612        

attorney upon request of either.                                   5,613        

      Every reasonable and appropriate effort shall be made to     5,615        

take persons into custody in the least conspicuous manner          5,616        

possible.  A person taking the respondent into custody pursuant    5,617        

to this section shall explain to the respondent:  the name,        5,618        

professional designation, and agency affiliation of the person     5,619        

taking the respondent into custody; that the custody-taking is     5,620        

not a criminal arrest; and that the person is being taken for      5,621        

examination by mental health professionals at a specified mental   5,622        

health facility identified by name.                                5,623        

      If a person taken into custody under this section is         5,625        

transported to a general hospital, the general hospital may admit  5,626        

the person, or provide care and treatment for the person, or       5,627        

both, notwithstanding section 5119.20 of the Revised Code, but by  5,628        

the end of twenty-four hours after his arrival at the general      5,629        

hospital, the person shall be transferred to a hospital as         5,630        

defined in section 5122.01 of the Revised Code.                    5,631        

      A person transported or transferred to a hospital or         5,633        

                                                          130    

                                                                 
community mental health agency under this section shall be         5,634        

examined by the staff of the hospital or agency within             5,635        

twenty-four hours after his arrival at the hospital or agency. If  5,637        

to conduct the examination requires that the person remain                      

overnight, the hospital or agency shall admit the person in an     5,638        

unclassified status until making a disposition under this          5,639        

section.  After the examination, if the chief clinical officer of  5,640        

the hospital or agency believes that the person is not a mentally  5,641        

ill person subject to hospitalization by court order, he THE       5,642        

CHIEF CLINICAL OFFICER shall release or discharge the person       5,643        

immediately unless a court has issued a temporary order of         5,644        

detention applicable to the person under section 5122.11 of the    5,645        

Revised Code.  After the examination, if the chief clinical        5,646        

officer believes that the person is a mentally ill person subject  5,647        

to hospitalization by court order, he THE CHIEF CLINICAL OFFICER   5,648        

may detain the person for not more than three court days           5,649        

following the day of the examination and during such period admit  5,650        

the person as a voluntary patient under section 5122.02 of the     5,651        

Revised Code or file an affidavit under section 5122.11 of the     5,652        

Revised Code.  If neither action is taken and a court has not      5,653        

otherwise issued a temporary order of detention applicable to the  5,654        

person under section 5122.11 of the Revised Code, the chief        5,655        

clinical officer shall discharge the person at the end of the      5,656        

three-day period unless the person has been sentenced to the       5,657        

department of rehabilitation and correction and has not been       5,658        

released from his THE PERSON'S sentence, in which case the person  5,659        

shall be returned to that department.                              5,660        

      Sec. 5122.32.  (A)  AS USED IN THIS SECTION:                 5,662        

      (1)  "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT    5,664        

IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF MENTAL     5,665        

HEALTH BY THE DIRECTOR OF MENTAL HEALTH, A COMMITTEE OF A          5,666        

HOSPITAL OR COMMUNITY SETTING PROGRAM, A COMMITTEE ESTABLISHED     5,667        

PURSUANT TO SECTION 5119.47 OF THE REVISED CODE OF THE DEPARTMENT  5,668        

OF MENTAL HEALTH APPOINTED BY THE MANAGING OFFICER OF THE                       

                                                          131    

                                                                 
HOSPITAL OR PROGRAM, OR A DULY AUTHORIZED SUBCOMMITTEE OF A        5,670        

COMMITTEE OF THAT NATURE AND THAT IS DESIGNATED TO CARRY OUT       5,671        

QUALITY ASSURANCE PROGRAM ACTIVITIES.                                           

      (2)  "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE       5,673        

PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH TO SYSTEMATICALLY   5,674        

REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND MENTAL HEALTH        5,676        

SERVICES WITHIN THE DEPARTMENT AND ITS HOSPITALS AND COMMUNITY     5,677        

SETTING PROGRAMS, THE SAFETY AND SECURITY OF PERSONS RECEIVING                  

MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS   5,679        

HOSPITALS AND COMMUNITY SETTING PROGRAMS, AND THE EFFICIENCY AND   5,680        

EFFECTIVENESS OF THE UTILIZATION OF STAFF AND RESOURCES IN THE     5,681        

DELIVERY OF MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE                       

DEPARTMENT AND ITS HOSPITALS AND COMMUNITY SETTING PROGRAMS.       5,682        

"QUALITY ASSURANCE PROGRAM" INCLUDES THE CENTRAL OFFICE QUALITY    5,684        

ASSURANCE COMMITTEES, MORBIDITY AND MORTALITY REVIEW COMMITTEES,   5,685        

QUALITY ASSURANCE PROGRAMS OF COMMUNITY SETTING PROGRAMS, QUALITY  5,686        

ASSURANCE COMMITTEES OF HOSPITALS OPERATED BY THE DEPARTMENT OF    5,687        

MENTAL HEALTH, AND THE OFFICE OF LICENSURE AND CERTIFICATION OF                 

THE DEPARTMENT.                                                    5,688        

      (3)  "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDE          5,690        

COLLECTING OR COMPILING INFORMATION AND REPORTS REQUIRED BY A      5,691        

QUALITY ASSURANCE COMMITTEE, RECEIVING, REVIEWING, OR              5,692        

IMPLEMENTING THE RECOMMENDATIONS MADE BY A QUALITY ASSURANCE       5,693        

COMMITTEE, AND CREDENTIALING, PRIVILEGING, INFECTION CONTROL,                   

TISSUE REVIEW, PEER REVIEW, UTILIZATION REVIEW INCLUDING ACCESS    5,694        

TO PATIENT CARE RECORDS, PATIENT CARE ASSESSMENT RECORDS, AND      5,696        

MEDICAL AND MENTAL HEALTH RECORDS, MEDICAL AND MENTAL HEALTH       5,698        

RESOURCE MANAGEMENT, MORTALITY AND MORBIDITY REVIEW, AND                        

IDENTIFICATION AND PREVENTION OF MEDICAL OR MENTAL HEALTH          5,699        

INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY ASSURANCE      5,700        

COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY ASSURANCE    5,701        

COMMITTEE.                                                                      

      (4)  "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS,      5,703        

DISCUSSION, RECORDS, FINDINGS, RECOMMENDATIONS, EVALUATIONS,       5,704        

                                                          132    

                                                                 
OPINIONS, MINUTES, REPORTS, AND OTHER DOCUMENTS OR ACTIONS THAT    5,705        

EMANATE FROM QUALITY ASSURANCE COMMITTEES, QUALITY ASSURANCE       5,706        

PROGRAMS, OR QUALITY ASSURANCE PROGRAM ACTIVITIES.  "QUALITY       5,707        

ASSURANCE RECORDS" DOES NOT INCLUDE AGGREGATE STATISTICAL          5,708        

INFORMATION THAT DOES NOT DISCLOSE THE IDENTITY OF PERSONS                      

RECEIVING OR PROVIDING MEDICAL OR MENTAL HEALTH SERVICES IN        5,710        

DEPARTMENT OF MENTAL HEALTH INSTITUTIONS.                                       

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  5,713        

QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC      5,714        

RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE     5,715        

USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY       5,716        

ASSURANCE PROGRAM.                                                              

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  5,718        

PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS    5,719        

AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS       5,720        

SHALL WILLFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY        5,721        

PERSON OR ENTITY.                                                               

      (C)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  5,724        

NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY IN, AND  5,725        

IS NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE   5,726        

PROCEEDING.                                                                     

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  5,729        

MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS                      

PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM  5,730        

SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR         5,731        

ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE        5,732        

RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION,            5,733        

EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,                    

MEMBER, OR PERSON.                                                 5,734        

      (3)  INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE  5,736        

FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING             5,737        

UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL   5,739        

OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED    5,741        

TO A QUALITY ASSURANCE COMMITTEE.  NO PERSON TESTIFYING BEFORE A   5,742        

                                                          133    

                                                                 
QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A                      

QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS  5,743        

TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT   5,745        

BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY           5,746        

ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A  5,747        

RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.                          

      (D)(1)  A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE   5,750        

BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO     5,751        

THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY                 

ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE IN A CIVIL ACTION FOR   5,752        

INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY PERSON AS A    5,753        

RESULT OF PROVIDING THE INFORMATION.                               5,754        

      (2)  A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON     5,756        

ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE   5,757        

OF THE DEPARTMENT OF MENTAL HEALTH SHALL NOT BE LIABLE IN DAMAGES  5,758        

IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR          5,759        

PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, DECISIONS, OR      5,760        

OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF THE QUALITY     5,761        

ASSURANCE PROGRAM.                                                              

      (3)  NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION   5,763        

OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A       5,764        

PATIENT.                                                                        

      (E)  QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND         5,767        

TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,                 

ONLY TO THE FOLLOWING PERSONS OR ENTITIES:                         5,768        

      (1)  PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT  5,770        

OF MENTAL HEALTH AND WHO HAVE AUTHORITY TO EVALUATE OR IMPLEMENT   5,771        

THE RECOMMENDATIONS OF A STATE-OPERATED HOSPITAL, COMMUNITY        5,772        

SETTING PROGRAM, OR CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;    5,773        

      (2)  PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED   5,775        

TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO        5,776        

DEPARTMENT OF MENTAL HEALTH HOSPITALS OR COMMUNITY SETTING         5,777        

PROGRAMS, OR TO PERFORM MONITORING OF A HOSPITAL OR PROGRAM OF     5,778        

THAT NATURE AS REQUIRED BY LAW.                                                 

                                                          134    

                                                                 
      (F)  A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO   5,780        

DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE          5,781        

CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY        5,782        

ASSURANCE RECORDS.                                                              

      Sec. 5122.99.  A PERSON WHO VIOLATES DIVISION (B)(2) OF      5,784        

SECTION 5122.32 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN   5,785        

TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE  5,786        

THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE.              5,787        

      Sec. 5145.16.  (A)  The department of rehabilitation and     5,796        

correction shall establish a program for the employment WORK       5,797        

PROGRAMS in some form of labor of FOR as many prisoners as         5,799        

possible who are in the custody of the department, except those    5,801        

prisoners who are not able to perform labor because of illness or  5,802        

other health problems, security requirements, routine processing,  5,803        

disciplinary action, or other reasonable circumstances or because  5,804        

they are engaged in educational, vocational, or other training.    5,805        

The employment LABOR may be in the department's manufacturing and  5,806        

service industries and agriculture, in private industry or         5,808        

agriculture that is located within or outside the department's     5,809        

institutions, in public works, in institutional jobs necessary     5,810        

for the proper maintenance and operation of the institutions       5,811        

under the control of the department, or in any other appropriate   5,812        

form of labor.  The department, pursuant to the program, shall     5,813        

attempt to employ, provide employment for, and seek employment     5,814        

for ENGAGE IN WORK PROGRAMS as many prisoners as possible who are  5,815        

in their ITS custody AND WHO ARE ELIGIBLE FOR THE PROGRAMS.  The   5,817        

department is not required to provide employment for ENGAGE every  5,818        

employable ELIGIBLE prisoner in their custody A WORK PROGRAM when  5,820        

there is not sufficient money, facilities, or jobs ARE NOT         5,822        

available to provide the employment FOR THE PROGRAM; however, the  5,823        

department shall continuously seek sources of employment LABOR     5,824        

for as many employable ELIGIBLE prisoners as possible.             5,825        

      (B)  The department, in establishing and administering the   5,827        

program WORK PROGRAMS established pursuant to division (A) of      5,828        

                                                          135    

                                                                 
this section, shall do all of the following:                       5,830        

      (1)  Assign a level, grade within the level, or other        5,832        

category for each job within the penal manufacturing and service   5,833        

industries and agriculture, each job within private industry and   5,834        

agriculture, each institutional job, each job in public works,     5,836        

and every other job for which prisoners are eligible to perform    5,837        

labor.  The level, grade, and other categorization of each job     5,838        

shall be dependent upon the skills required to perform the job,    5,839        

the security that is present at the job, the salary and other      5,840        

compensation for the job, and any other relevant characteristics   5,841        

of the job.                                                        5,842        

      (2)  Establish for each institution controlled by the        5,844        

department a system for assigning prisoners to perform jobs, for   5,845        

periodically evaluating the job performance of each prisoner, and  5,846        

for periodically evaluating the qualifications of each prisoner    5,847        

for other jobs;                                                    5,848        

      (3)  Transfer prisoners, whenever appropriate, to            5,850        

institutions controlled by the department to enable a prisoner to  5,851        

be employed at ENGAGED IN a different job;                         5,852        

      (4)  Whenever appropriate, permit prisoners to be            5,854        

furloughed RELEASED ON TRANSITIONAL CONTROL, in addition to other  5,856        

authorized reasons for granting a furlough TRANSFERRING A          5,857        

PRISONER TO TRANSITIONAL CONTROL, to gain POST-RELEASE employment  5,858        

in private industry or agriculture;                                5,859        

      (5)  Attempt to provide jobs and job training for prisoners  5,861        

that will be useful to the prisoners in obtaining employment when  5,862        

released, except that institutional jobs at the institutions need  5,863        

not be related to employment outside the institution;              5,864        

      (6)  Establish an accounting system to administer and        5,866        

allocate the earnings of the prisoners as provided by division     5,867        

(C)(8) of this section;                                            5,868        

      (7)  Require all persons IN PRIVATE INDUSTRY OR AGRICULTURE  5,870        

who employ prisoners to meet all applicable work safety            5,872        

standards.                                                                      

                                                          136    

                                                                 
      (C)  The department, in establishing and administering the   5,874        

program WORK PROGRAMS required to be established by division (A)   5,875        

of this section, may do any of the following:                      5,877        

      (1)  Enter into contracts with private industry and          5,879        

agriculture and receive grants to establish test work programs     5,880        

within or outside institutions under the control of the            5,881        

department;                                                        5,882        

      (2)  Enter into contracts with private industry for the      5,884        

establishment of manufacturing and service industries within or    5,885        

close to institutions under the control of the department for the  5,886        

employment of prisoners;                                           5,887        

      (3)  Enter into contracts with private industry and          5,889        

agriculture to provide employment WORK PROGRAMS for prisoners;     5,890        

      (4)  Lease or sell state-owned land for the establishment    5,892        

of private industry or agriculture upon the condition that the     5,893        

majority of the industrial or agricultural jobs created by the     5,894        

industry or agriculture be given to prisoners;                     5,895        

      (5)  Construct factories or shops to provide employment      5,897        

WORK PROGRAMS for prisoners;                                       5,899        

      (6)  Enter into contracts with labor organizations, except   5,901        

that the department shall not permit any prisoners to establish    5,902        

their own labor organization and that a labor organization shall   5,903        

not represent any prisoners employed within an institution         5,904        

controlled by the department;                                      5,905        

      (7)  Enter into any other contracts or perform any other     5,907        

functions that are necessary to comply with division (A) of this   5,908        

section or section 5145.161 of the Revised Code;                   5,909        

      (8)  Allocate the earnings of the prisoners as follows:      5,911        

      (a)  Up to twenty-five per cent of the earnings to           5,914        

reimburse the state for room and board and for the expense of                   

providing employment to the prisoner.                              5,915        

      (b)  Up to twenty-five per cent of the earnings to be        5,918        

distributed to one or both of the following:                                    

      (i)  To the victims of the prisoner's offenses for           5,920        

                                                          137    

                                                                 
restitution if the prisoner voluntarily requests or is under       5,921        

court order to make restitution payments;                          5,922        

      (ii)  To the reparations fund established pursuant to        5,925        

division (A) of section 2743.191 of the Revised Code if the        5,926        

prisoner voluntarily participates in an approved work and          5,927        

training program under this section.                                            

      (c)  Up to twenty-five per cent of the earnings to the       5,930        

prisoner's dependents.                                                          

      (d)  At least twenty-five per cent of the earnings to the    5,933        

account of the prisoner.                                                        

      (D)  A PRISONER WHO IS ENGAGED IN A WORK PROGRAM THAT IS     5,935        

ESTABLISHED UNDER THIS SECTION AND IN WHICH THE PRISONER IS        5,937        

REQUIRED TO OPERATE A MOTOR VEHICLE, AS DEFINED IN DIVISION (I)    5,938        

OF SECTION 4509.01 OF THE REVISED CODE, IS AN "EMPLOYEE" OF THE    5,939        

STATE FOR THE SOLE PURPOSE OF LIABILITY INSURANCE COVERAGE                      

PURSUANT TO SECTION 9.83 OF THE REVISED CODE TO COVER THE          5,941        

PRISONER'S REQUIRED OPERATION OF THE MOTOR VEHICLE.  A PRISONER    5,942        

ENROLLED IN A WORK PROGRAM ESTABLISHED BY THE DEPARTMENT OF                     

REHABILITATION AND CORRECTION SHALL NOT BE CONSIDERED AS AN        5,943        

EMPLOYEE OF THE STATE UNDER ANY OTHER CIRCUMSTANCE OR FOR ANY      5,944        

OTHER PURPOSE.                                                                  

      Sec. 5145.24.  (A)  THE DIRECTOR OF REHABILITATION AND       5,946        

CORRECTION MAY GRANT AN ADMINISTRATIVE RELEASE, AS DEFINED IN      5,947        

SECTION 2967.01 OF THE REVISED CODE, TO A PRISONER WHO ESCAPED     5,948        

FROM A STATE CORRECTIONAL INSTITUTION AND WHOSE WHEREABOUTS ARE    5,949        

UNKNOWN WHEN BOTH OF THE FOLLOWING APPLY:                          5,950        

      (1)  THE NINETIETH ANNIVERSARY OF THE PRISONER'S BIRTH HAS   5,953        

PASSED;                                                                         

      (2)  A PERIOD OF AT LEAST TWENTY YEARS HAS PASSED SINCE THE  5,956        

DATE OF THE PRISONER'S ESCAPE.                                                  

      (B)  THE DIRECTOR SHALL ADOPT RULES PURSUANT TO SECTION      5,958        

111.15 OF THE REVISED CODE FOR THE GRANTING OF AN ADMINISTRATIVE   5,959        

RELEASE UNDER THIS SECTION.                                                     

      (C)  AN ADMINISTRATIVE RELEASE GRANTED UNDER THIS SECTION    5,961        

                                                          138    

                                                                 
DOES NOT OPERATE TO RESTORE THE RIGHTS AND PRIVILEGES FORFEITED    5,962        

BY CONVICTION AS PROVIDED IN SECTION 2961.01 OF THE REVISED CODE.  5,963        

      (D)  THE AUTHORITY TO GRANT AN ADMINISTRATIVE RELEASE THAT   5,965        

IS CONTAINED IN THIS SECTION IS INDEPENDENT OF THE ADMINISTRATIVE  5,966        

RELEASE PROVISIONS CONTAINED IN SECTION 2967.17 OF THE REVISED     5,967        

CODE.                                                                           

      Sec. 5149.05.  (A)  Subject to division (B) of this          5,976        

section, employees of the adult parole authority, when authorized  5,978        

by the chief of the division of parole and community services,     5,979        

may carry firearms if required in the discharge of their duties.   5,980        

      (B)  The chief of the adult parole authority may grant a     5,982        

state parole officer or field officer AN EMPLOYEE permission to    5,983        

carry firearms A FIREARM in the discharge of THE EMPLOYEE'S        5,985        

official duties, provided that any parole officer or field         5,986        

officer who is granted permission to carry firearms in the         5,987        

discharge of official duties shall, within six months of           5,988        

receiving permission to carry a firearm, THE EMPLOYEE HAS          5,989        

successfully complete COMPLETED a basic firearm training program   5,990        

that is conducted at a training school approved by the Ohio peace  5,991        

officer training commission and that is substantially similar to   5,992        

the basic firearm training program for peace officers conducted    5,993        

at the Ohio peace officer training academy and receive a           5,994        

certificate of satisfactory completion of that program from the    5,995        

executive director of the Ohio peace officer training commission.  5,996        

Any state parole or field officer who does not successfully        5,997        

complete a basic firearm training program within the six-month     5,998        

period after receiving permission to carry a firearm shall not     5,999        

carry a firearm in the discharge of official duties until the      6,000        

officer has successfully completed a basic firearm training        6,001        

program.  After receipt of a certificate of satisfactory           6,002        

completion of a basic firearm training program, to maintain the    6,003        

right to carry firearms in the discharge of official duties, a     6,004        

state parole officer or field officer shall ADMINISTERED BY THE    6,005        

DEPARTMENT OF REHABILITATION AND CORRECTION.  IN ORDER TO          6,006        

                                                          139    

                                                                 
CONTINUE TO CARRY A FIREARM IN THE DISCHARGE OF THE EMPLOYEE'S                  

OFFICIAL DUTIES, THE EMPLOYEE ANNUALLY SHALL successfully          6,007        

complete a firearms requalification program in accordance with     6,009        

section 109.801 of the Revised Code.                                            

      Sec. 5149.09.  Except as provided in section 5149.02 and     6,018        

division (B) of section 5149.10 of the Revised Code, all           6,019        

positions in the adult parole authority are in the classified      6,021        

civil service of the state, and appointments to the various        6,023        

positions in the department shall be made in accordance with       6,024        

Chapter 124. of the Revised Code and with rules adopted pursuant   6,025        

to that chapter.                                                                

      The chief of the division of parole and community services   6,027        

is the principal appointing authority of the adult parole          6,028        

authority, and the chief shall appoint all officers and employees  6,030        

of the authority except for those officers appointed by the        6,031        

director of rehabilitation and correction pursuant to section      6,032        

5149.02 or division (B) of section 5149.10 of the Revised Code.    6,033        

      Sec. 5149.30.  As used in sections 5149.30 to 5149.37 of     6,042        

the Revised Code:                                                  6,043        

      (A)  "Community corrections programs" include, but are not   6,047        

limited to, probation, parole, preventive or diversionary                       

corrections programs, release-on-recognizance programs, and        6,048        

PROSECUTORIAL DIVERSION PROGRAMS, specialized treatment programs   6,050        

for alcoholic and narcotic-addicted offenders, AND COMMUNITY       6,051        

CONTROL SANCTIONS AS DEFINED IN SECTION 2929.01 OF THE REVISED     6,052        

CODE.                                                                           

      (B)  "Local corrections planning board" means the board      6,054        

established in each county under section 5149.34 of the Revised    6,055        

Code.                                                              6,056        

      (C)  "Joint county corrections planning board" means the     6,058        

board established by contiguous MULTIPLE counties under section    6,059        

5149.35 of the Revised Code.                                       6,061        

      Sec. 5149.31.  The department of rehabilitation and          6,070        

correction shall do all of the following:                          6,071        

                                                          140    

                                                                 
      (A)  Establish and administer a program of subsidies to FOR  6,073        

eligible counties and groups of contiguous counties for felony     6,074        

offenders and a program of subsidies to FOR eligible municipal     6,076        

corporations, counties, and groups of contiguous counties for      6,079        

misdemeanor offenders for the development, implementation, and     6,081        

operation of community corrections programs.  Department                        

expenditures for administration of both programs of subsidies      6,082        

shall not exceed ten per cent of the moneys appropriated for each  6,083        

of the purposes of this division.                                  6,084        

      (B)  Adopt and promulgate rules, under Chapter 119. of the   6,086        

Revised Code, providing standards for community corrections        6,087        

programs.  The standards shall be designed to improve the quality  6,088        

and efficiency of the programs and to reduce the number of         6,089        

persons committed to state correctional institutions and to        6,091        

county, multicounty, municipal, municipal-county, or                            

multicounty-municipal jails or workhouses for offenses for which   6,092        

community control sanctions are authorized under section 2929.13   6,093        

or 2929.15 of the Revised Code.  In developing the standards, the  6,094        

department shall consult with, and seek the advice of, local       6,095        

corrections agencies, law enforcement agencies, and other public   6,096        

and private agencies concerned with corrections.  The department   6,097        

shall conduct, and permit participation by local corrections       6,098        

planning boards established under section 5149.34 of the Revised   6,099        

Code and joint county corrections planning boards established      6,100        

under section 5149.35 of the Revised Code in, an annual review of  6,101        

the standards to measure their effectiveness in promoting the      6,102        

purposes specified in this division and shall amend or rescind     6,103        

any existing rule providing a standard or adopt and promulgate     6,104        

additional rules providing standards, under Chapter 119. of the    6,105        

Revised Code, if the review indicates that the standards fail to   6,106        

promote the purposes.                                              6,107        

      (C)  Accept and use any funds, goods, or services from the   6,109        

federal government or any other public or private source for the   6,110        

support of the subsidy programs established under division (A) of  6,112        

                                                          141    

                                                                 
this section.  The department may comply with any conditions and                

enter into any agreements that it considers necessary to obtain    6,113        

these funds, goods, or services.                                   6,114        

      (D)  Adopt rules, in accordance with Chapter 119. of the     6,116        

Revised Code, and do all other things necessary to implement       6,117        

sections 5149.30 to 5149.37 of the Revised Code;                   6,118        

      (E)  Evaluate or provide for the evaluation of community     6,120        

corrections programs funded by the subsidy programs established    6,121        

under division (A) of this section and establish means of          6,122        

measuring their effectiveness;                                                  

      (F)  Prepare an annual report evaluating the subsidy         6,124        

programs established under division (A) of this section.  The      6,125        

report shall include, but need not be limited to, analyses of the  6,126        

structure of the programs and their administration by the          6,127        

department, the effectiveness of the programs in the development   6,128        

and implementation of community corrections programs, the          6,129        

specific standards adopted and promulgated under division (B) of   6,130        

this section and their effectiveness in promoting the purposes of  6,131        

the programs, and the findings of the evaluations conducted under  6,132        

division (E) of this section.  The director of rehabilitation and  6,133        

correction shall review and certify the accuracy of the report     6,134        

and provide copies of it, upon request, to members of the general  6,135        

assembly.                                                          6,136        

      (G)  Provide training or assistance, upon THE request OF A   6,138        

LOCAL CORRECTIONS PLANNING BOARD OR A JOINT COUNTY CORRECTIONS     6,139        

PLANNING BOARD, to any local unit of government with an            6,141        

in-service training program for corrections personnel, subject to  6,142        

available resources of the department.                             6,143        

      Sec. 5149.32.  To be eligible for funds from the subsidy     6,152        

programs established under division (A) of section 5149.31 of the  6,154        

Revised Code, a municipal corporation, county, or group of         6,155        

contiguous counties shall comply with all of the following that    6,156        

are relevant:                                                      6,157        

      (A)  Maintain programs that meet the standards adopted       6,159        

                                                          142    

                                                                 
under division (B) of section 5149.31 of the Revised Code, or, in  6,160        

the case of a county or group of contiguous counties that has not  6,161        

established a department of probation and receives probation       6,162        

services through the parole supervision section of the authority,  6,163        

establish that any subsidy received from the subsidy program for   6,165        

felony offenders established under division (A) of section                      

5149.31 of the Revised Code would be used to establish or          6,167        

maintain programs that meet the standards adopted under division   6,168        

(B) of that section and that are or will be operated by the        6,169        

parole supervision section as an extension of the probation        6,170        

services it provides to the county or group of contiguous          6,171        

counties;                                                                       

      (B)  Demonstrate that it has made efforts to unify or        6,173        

coordinate its correctional service programs through               6,174        

consolidation, written agreements, purchase of service contracts,  6,175        

or other means;                                                    6,176        

      (C)  Demonstrate that the comprehensive plan, if any, for    6,178        

the county in which the municipal corporation is located, for the  6,179        

county, or for each county of the group of contiguous counties,    6,180        

as adopted under section 5149.34 of the Revised Code, has been     6,181        

approved by the director of rehabilitation and correction, or      6,182        

demonstrate, if applicable, an approval as described in division   6,183        

(C) of section 5149.34 of the Revised Code;                        6,184        

      (D)  If a subsidy was received in any prior fiscal year      6,186        

from a subsidy program established under division (A) of section   6,188        

5149.31 of the Revised Code, demonstrate that the subsidy was      6,189        

expended in a good faith effort to improve the quality and                      

efficiency of its community corrections programs and to reduce     6,191        

the number of persons committed to state correctional              6,192        

institutions and to county, multicounty, municipal,                             

municipal-county, or multicounty-municipal jails or workhouses.    6,193        

      Sec. 5149.33.  No municipal corporation, county, or group    6,202        

of contiguous counties receiving a subsidy under division (A) of   6,203        

section 5149.31 of the Revised Code shall reduce, by the amount    6,204        

                                                          143    

                                                                 
of the subsidy it receives or by a greater or lesser amount, the   6,205        

amount of local, nonfederal funds it expends for corrections,      6,206        

including, but not limited to, the amount of local, nonfederal                  

funds it expends for the operation of the county, multicounty,     6,207        

municipal, municipal-county, or multicounty-municipal jail or      6,208        

workhouse, for any county or municipal probation department, or    6,209        

for any community corrections program.  Each subsidy shall be      6,210        

used to make corrections expenditures in excess of those being     6,211        

made from local, nonfederal funds.  No subsidy or portion of a     6,212        

subsidy shall be used to make capital improvements.  If a          6,213        

recipient violates this section, the department of rehabilitation  6,214        

and correction shall discontinue subsidy payments to the                        

recipient.                                                         6,215        

      Sec. 5149.34.  (A)(1)(a)  If a county desires to receive a   6,224        

subsidy from a subsidy program established under division (A) of   6,226        

section 5149.31 of the Revised Code for two or more community      6,227        

corrections programs as described in division (B) of that          6,229        

section, then, on and after August 22, 1990, the board of county   6,230        

commissioners of the county shall establish, by a resolution as    6,233        

described in this division, and maintain a local corrections       6,234        

planning board that, except as provided in division (A)(1)(b)(2)   6,235        

of this section, shall include an administrator of a county,       6,237        

multicounty, municipal, municipal-county, or                       6,238        

multicounty-municipal jail or workhouse located in the county, a   6,239        

county commissioner of that county, a judge of the court of        6,240        

common pleas of that county, a judge of a municipal court OR       6,241        

COUNTY COURT of that county, an attorney whose practice of law     6,242        

primarily involves the representation of criminal defendants, the  6,243        

chief law enforcement officer of the largest municipal             6,244        

corporation located in the county, the county sheriff, one or      6,245        

more prosecutors, as defined in section 2935.01 of the Revised     6,246        

Code, one or more representatives of the public, one of whom       6,248        

shall be a victim of crime, one or more additional                              

representatives of the law enforcement community, one or more      6,250        

                                                          144    

                                                                 
additional representatives of the judiciary, one or more           6,251        

additional representatives of the field of corrections, and        6,252        

officials from the largest municipal corporation located in the    6,253        

county.  A majority of the members of the board shall be employed  6,254        

in the adult criminal justice field.  At least two members of the  6,255        

board shall be members of the largest racial minority population,  6,257        

if any, in the county, and at least two other members of the       6,258        

board shall be women.  The resolution shall state the number and   6,259        

nature of the members, the duration of their terms, the manner of  6,260        

filling vacancies on the board, and the compensation, if any,      6,261        

that members are to receive.  THE BOARD OF COUNTY COMMISSIONERS    6,262        

ALSO MAY SPECIFY, AS PART OF THE RESOLUTION, ANY OTHER DUTIES THE  6,263        

LOCAL CORRECTIONS PLANNING BOARD IS TO ASSUME.                                  

      (b)(2)  If, for good cause shown, including, but not         6,265        

limited to, the refusal of a specified individual to serve on a    6,266        

local corrections planning board, a particular county is not able  6,267        

to satisfy the requirements specified in division (A)(1)(a) of     6,268        

this section for the composition of such a board, the director of  6,269        

rehabilitation and correction may waive the requirements to the    6,270        

extent necessary and approve a composition for the board that      6,271        

otherwise is consistent with the requirements.                     6,272        

      (2)  If a county desires to receive a subsidy from a         6,274        

subsidy program established under division (A) of section 5149.31  6,275        

of the Revised Code for only one community corrections program as  6,277        

described in division (B) of that section, and if that county      6,278        

received prior to August 22, 1990, a subsidy from that program     6,279        

for any community corrections program as described in division     6,280        

(B) of that section, then, on and after August 22, 1990, the       6,281        

board of county commissioners of the county shall establish and    6,282        

maintain, subject to division (A)(1)(b) of this section, a local   6,283        

corrections planning board as described in division (A)(1)(a) of   6,284        

this section.                                                      6,285        

      (3)  If a county desires to receive a subsidy from a         6,287        

subsidy program established under division (A) of section 5149.31  6,288        

                                                          145    

                                                                 
of the Revised Code for only one community corrections program as  6,289        

described in division (B) of that section, and if that county did  6,291        

not receive prior to August 22, 1990, a subsidy from that program  6,292        

for any community corrections program as described in division     6,293        

(B) of that section, then, on and after August 22, 1990, the       6,294        

board of county commissioners of the county may establish and                   

maintain, but is not required to establish and maintain as a       6,295        

condition of receiving the subsidy, a local corrections planning   6,296        

board as described in division (A)(1)(a) of this section.  If the  6,297        

board of county commissioners elects to establish and maintain a   6,298        

local corrections planning board, the board either shall comply    6,299        

with division (B) or (C) of this section.                          6,300        

      (B)  Each local corrections planning board established       6,302        

pursuant to division (A)(1) or (2) of this section shall adopt     6,303        

within eighteen months after its establishment, and from time to   6,304        

time shall revise, a comprehensive plan for the development,       6,306        

implementation, and operation of corrections services in the       6,307        

county.  The plan shall be adopted and revised after               6,308        

consideration has been given to the impact that it will have or    6,309        

has had on the populations of state correctional institutions and  6,311        

county, multicounty, municipal, municipal-county, or               6,312        

multicounty-municipal jails or workhouses in the county, and       6,313        

shall be designed to unify or coordinate corrections services in   6,314        

the county and to reduce the number of persons committed,          6,315        

consistent with the standards adopted under division (B) of        6,316        

section 5149.31 of the Revised Code, from that county to state     6,317        

correctional institutions and to county, multicounty, municipal,   6,318        

municipal-county, or multicounty-municipal jails or workhouses.    6,319        

The plan and any revisions to the plan shall be submitted to the   6,320        

board of county commissioners of the county in which the local     6,321        

corrections planning board is located for approval.                6,322        

      If a county has a community-based correctional facility and  6,324        

program established in accordance with sections 2301.51 to         6,325        

2301.56 of the Revised Code, the budgets of the facility and       6,326        

                                                          146    

                                                                 
program shall not be subject to approval by the local corrections  6,327        

planning board, but instead shall continue to be determined in     6,328        

accordance with those sections.  However, the local corrections    6,329        

planning board shall include the facility and program as part of   6,330        

the comprehensive plan adopted and revised pursuant to this        6,331        

division.                                                          6,332        

      (C)  If a county desires to receive a subsidy from a         6,334        

subsidy program established under division (A) of section 5149.31  6,335        

of the Revised Code for only one community corrections program as  6,337        

described in division (B) of that section, if that county did not  6,338        

receive prior to August 22, 1990, a subsidy from that program for  6,339        

any community corrections program as described in division (B) of  6,340        

that section, and if a local corrections planning board is not     6,341        

established and maintained for that county or a local corrections  6,342        

planning board is established and maintained for that county but   6,343        

the board does not adopt a comprehensive plan as described in      6,344        

division (B) of this section in accordance with division (A)(3)    6,345        

of this section, then, prior to receiving a subsidy from the       6,346        

subsidy program for the felony community corrections program or    6,348        

from the subsidy program for the misdemeanor community                          

corrections program, the board shall obtain the approval of the    6,350        

relevant parties in the criminal justice system that will be       6,351        

affected by the community corrections program.                                  

      Sec. 5149.35.  (A)  The boards of county commissioners of    6,361        

two or more contiguous counties may enter into an agreement for    6,362        

the joint development, implementation, and operation of community  6,364        

corrections programs and, if the circumstances described in        6,366        

division (A)(1)(a) or (2) of section 5149.34 of the Revised Code   6,367        

apply to the counties, shall MAY establish and maintain a joint    6,369        

county corrections planning board.  Subject to division            6,370        

(A)(1)(b)(2) of section 5149.34 of the Revised Code, the board     6,371        

shall consist of an equal number of members of each county's       6,372        

local corrections planning board as established and maintained     6,373        

under division (A)(1)(a) or (2) of that section.  The joint        6,374        

                                                          147    

                                                                 
county corrections planning board shall comply with the            6,375        

comprehensive plans adopted under that section in the operation    6,376        

of community corrections programs, but, if provisions of the       6,378        

comprehensive plans are contradictory or otherwise inconsistent,   6,379        

the board shall determine which provisions control.                6,380        

      (B)  If contiguous counties desire to receive a subsidy      6,382        

from a subsidy program established under division (A) of section   6,384        

5149.31 of the Revised Code for only one community corrections     6,385        

program as described in division (B) of that section, and if the   6,386        

counties did not receive prior to August 22, 1990, a subsidy from  6,388        

that program for a community corrections program as described in                

division (B) of that section, then, on and after August 22, 1990,  6,390        

the boards of county commissioners of the counties may establish   6,393        

and maintain, but are not required to establish and maintain as a  6,394        

condition of receiving the subsidy, a joint county corrections     6,395        

planning board as described in division (A) of this section.  If   6,396        

the boards of county commissioners elect to establish and          6,397        

maintain a joint county corrections planning board, the board      6,398        

shall comply with either division (B) or (C) of section 5149.34    6,399        

of the Revised Code.  If the boards of county commissioners do     6,400        

not elect to establish and maintain a joint county corrections     6,401        

planning board or if they establish and maintain a joint county    6,402        

corrections planning board but the board does not adopt a          6,403        

comprehensive plan as described in division (B) of section         6,404        

5149.34 of the Revised Code, the board shall comply with division  6,405        

(C) of that section.                                                            

      Sec. 5149.36.  Subject to appropriations by the general      6,415        

assembly, the department of rehabilitation and correction shall    6,416        

award subsidies to eligible municipal corporations, counties, and  6,417        

groups of contiguous counties pursuant to the subsidy programs     6,418        

described in division (A) of section 5149.31 of the Revised Code   6,419        

only in accordance with criteria that the department shall         6,420        

specify in rules adopted pursuant to Chapter 119. of the Revised   6,421        

Code.  The criteria shall be designed to provide for subsidy       6,422        

                                                          148    

                                                                 
awards only on the basis of demonstrated need and the              6,423        

satisfaction of specified priorities.  The criteria shall be       6,424        

consistent with the following:                                                  

      (A)  First priority shall be given to the continued funding  6,426        

of existing community corrections programs that satisfy the        6,428        

standards adopted pursuant to division (B) of section 5149.31 of   6,429        

the Revised Code and that are designed to reduce the number of     6,430        

persons committed to state correctional institutions.              6,431        

      (B)  Second priority shall be given to new community         6,433        

corrections programs that are designed to reduce the number of     6,435        

persons committed to state correctional institutions or the        6,437        

number of persons committed to county, multicounty, municipal,     6,438        

municipal-county, or multicounty-municipal jails or workhouses.    6,439        

      Sec. 5149.37.  No provision of sections 5149.30 to 5149.36   6,448        

of the Revised Code shall be construed to impose limitations upon  6,449        

the power of the department of rehabilitation and correction       6,450        

under Chapters 5120. and 5149. of the Revised Code to afford       6,451        

municipal corporations and counties with and to supervise their    6,452        

probation, parole, and other corrections services, or to impose    6,453        

limitations upon the power of the department to contract with a    6,454        

county or group of contiguous counties that has not established a  6,455        

department of probation and receives probation services through    6,456        

the parole supervision section of the authority, for the purpose   6,457        

of establishing and maintaining with the amount of a subsidy       6,458        

awarded to the county or group of contiguous counties pursuant to  6,459        

sections 5149.31 to 5149.36 of the Revised Code one or more        6,460        

community corrections programs that meet the standards adopted     6,462        

under division (B) of section 5149.31 of the Revised Code and      6,463        

that are or will be operated by the parole supervision section as  6,464        

an extension of the probation services it provides to the county   6,465        

or group of contiguous counties.                                                

      Section 2.  That existing sections 9.83, 109.42, 2301.51,    6,467        

2301.52, 2301.55, 2305.24, 2305.25, 2305.251, 2901.07, 2903.13,    6,468        

2921.36, 2929.01, 2929.13, 2929.23, 2930.16, 2941.39, 2950.01,     6,469        

                                                          149    

                                                                 
2963.35, 2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22,   6,470        

2967.26, 2967.27, 2967.28, 3313.65, 5120.031, 5120.05, 5120.06,    6,471        

5120.102, 5120.103, 5120.104, 5120.105, 5120.16, 5120.331,         6,472        

5120.38, 5122.10, 5145.16, 5149.05, 5149.09, 5149.30, 5149.31,     6,473        

5149.32, 5149.33, 5149.34, 5149.35, 5149.36, and 5149.37 and       6,475        

sections 2967.23, 5120.07, 5120.071, 5120.072, 5120.073, and       6,476        

5120.074 of the Revised Code are hereby repealed.                  6,478        

      Section 3.  That Sections 3, 4, and 5 of Am. Sub. H.B. 725   6,480        

of the 119th General Assembly are hereby repealed.                 6,481        

      Section 4.  Section 109.42 of the Revised Code is presented  6,484        

in this act as a composite of the section as amended by both Am.   6,485        

Sub. H.B. 601 and Am. Sub. H.B. 180 of the 121st General           6,486        

Assembly, with the new language of neither of the acts shown in    6,488        

capital letters.  Section 2903.13 of the Revised Code is           6,489        

presented in this act as a composite of the section as amended by  6,490        

both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 121st General      6,491        

Assembly, with the new language of neither of the acts shown in    6,493        

capital letters.  Section 2929.01 of the Revised Code is           6,494        

presented in this act as a composite of the section as amended by  6,495        

Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. S.B. 166, Am. Sub.      6,496        

S.B. 269, and Am. Sub. H.B. 180 of the 121st General Assembly,     6,498        

with the new language of none of the acts shown in capital         6,500        

letters.  Section 2929.13 of the Revised Code is presented in      6,501        

this act as a composite of the section as amended by Am. Sub.      6,503        

H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am. Sub. H.B.               

180 of the 121st General Assembly, with the new language of none   6,506        

of the acts shown in capital letters.  Section 2967.27 of the      6,507        

Revised Code is presented in this act as a composite of the        6,508        

section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B.     6,509        

180 of the 121st General Assembly, with the new language of        6,510        

neither of the acts shown in capital letters.  Section 3313.65 of  6,512        

the Revised Code is presented in this act as a composite of the    6,513        

section as amended by both Am. Sub. H.B. 117 and Am. Sub. S.B. 2   6,514        

of the 121st General Assembly, with the new language of neither    6,516        

                                                          150    

                                                                 
of the acts shown in capital letters.  Section 5120.031 of the     6,517        

Revised Code is presented in this act as a composite of the        6,518        

section as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B.     6,519        

230 of the 121st General Assembly, with the new language of        6,520        

neither of the acts shown in capital letters.  Section 5120.16 of  6,522        

the Revised Code is presented in this act as a composite of the    6,523        

section as amended by both Am. Sub. H.B. 124 and Am. Sub. S.B.     6,524        

285 of the 121st General Assembly, with the new language of        6,525        

neither of the acts shown in capital letters.  This is in          6,527        

recognition of the principle stated in division (B) of section                  

1.52 of the Revised Code that such amendments are to be            6,528        

harmonized where not substantively irreconcilable and constitutes  6,529        

a legislative finding that such is the resulting version in        6,530        

effect prior to the effective date of this act.                    6,531        

      Section 5.  Sections 1, 2, 3, and 4 of this act shall take   6,533        

effect on July 1, 1997, or on the earliest date permitted by law,  6,534        

whichever is later.