As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 111 5
1997-1998 6
SENATOR B. JOHNSON 8
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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.