As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 111 5
1997-1998 6
SENATORS B. JOHNSON-BLESSING 8
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A B I L L
To amend sections 9.83, 109.42, 307.93, 341.14, 12
341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 13
753.16, 753.21, 2301.51, 2301.52, 2301.55,
2301.56, 2305.24, 2305.25, 2305.251, 2901.07, 15
2903.13, 2921.36, 2929.01, 2929.13, 2929.14,
2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 17
2950.01, 2963.35, 2967.01, 2967.131, 2967.14,
2967.15, 2967.191, 2967.22, 2967.26, 2967.27, 20
2967.28, 3313.65, 5120.031, 5120.05, 5120.06, 21
5120.102, 5120.103, 5120.104, 5120.105, 5120.16, 22
5120.331, 5120.38, 5122.10, 5145.16, 5149.05, 23
5149.09, 5149.30, 5149.31, 5149.32, 5149.33,
5149.34, 5149.35, 5149.36, and 5149.37, to enact 25
sections 2967.141, 5120.163, 5120.172, 5120.211, 27
5120.381, 5120.382, 5120.56, 5120.99, 5122.32, 28
5122.99, and 5145.24 and to repeal sections 29
2967.23, 5120.07, 5120.071, 5120.072, 5120.073,
and 5120.074 of the Revised Code and to repeal 30
Sections 3, 4, and 5 of Am. Sub. H.B. 725 of the 31
119th General Assembly relative to the law
governing the Department of Rehabilitation and 32
Correction, to certain corrections-related 33
matters, to quality assurance records of the
Department of Rehabilitation and Correction and 34
the Department of Mental Health, and to the 35
examination and testing for tuberculosis, HIV
infection, and other contagious diseases of 36
convicted and certain accused offenders who are
2
confined. 37
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 9.83, 109.42, 307.93, 341.14, 41
341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16, 753.21, 42
2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25, 2305.251, 43
2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14, 2929.16, 44
2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2963.35, 2967.01, 45
2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 2967.26, 2967.27, 47
2967.28, 3313.65, 5120.031, 5120.05, 5120.06, 5120.102, 5120.103, 48
5120.104, 5120.105, 5120.16, 5120.331, 5120.38, 5122.10, 5145.16, 51
5149.05, 5149.09, 5149.30, 5149.31, 5149.32, 5149.33, 5149.34,
5149.35, 5149.36, and 5149.37 be amended and sections 2967.141, 53
5120.163, 5120.172, 5120.211, 5120.381, 5120.382, 5120.56, 56
5120.99, 5122.32, 5122.99, and 5145.24 of the Revised Code be 57
enacted to read as follows:
Sec. 9.83. (A) The state and any political subdivision 66
may procure a policy or policies of insurance insuring its 67
officers and employees against liability for injury, death, or 68
loss to person or property that arises out of the operation of an 69
automobile, truck, motor vehicle with auxiliary equipment, 70
self-propelling equipment or trailer, aircraft, or watercraft by 71
the officers or employees while engaged in the course of their 72
employment or official responsibilities for the state or the 73
political subdivision. The state is authorized to expend funds 74
to pay judgments that are rendered in any court against its 75
officers or employees and that result from such operation, and is 76
authorized to expend funds to compromise claims for liability 77
against its officers or employees that result from such 78
operation. No insurer shall deny coverage under such a policy, 79
and the state shall not refuse to pay judgments or compromise 80
claims, on the ground that an automobile, truck, motor vehicle 81
with auxiliary equipment, self-propelling equipment or trailer, 82
aircraft, or watercraft was not being used in the course of an 83
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officer's or employee's employment or official responsibilities 84
for the state or a political subdivision unless the officer or 85
employee who was operating an automobile, truck, motor vehicle 86
with auxiliary equipment, or self-propelling equipment or trailer 87
is convicted of a violation of section 124.71 of the Revised Code 88
as a result of the same events. 89
(B) Such funds shall be reserved as are necessary, in the 91
exercise of sound and prudent actuarial judgment, to cover 92
potential expense, fees, damage, loss, or other liability. The 93
superintendent of insurance may recommend or, if the state 94
requests of the superintendent, shall recommend, a specific 95
amount for any period of time that, in his THE SUPERINTENDENT'S 96
opinion, represents such a judgment. 98
(C) Nothing in this section shall be construed to require 100
the department of administrative services to purchase liability 101
insurance for all state vehicles in a single policy of insurance 102
or to cover all state vehicles under a single plan of 103
self-insurance. 104
(D) Insurance procured by the state pursuant to this 106
section shall be procured as provided in section 125.03 of the 107
Revised Code. 108
(E) FOR PURPOSES OF LIABILITY INSURANCE PROCURED UNDER 110
THIS SECTION TO COVER THE OPERATION OF A MOTOR VEHICLE BY A 111
PRISONER FOR WHOM THE INSURANCE IS PROCURED, "EMPLOYEE" INCLUDES 112
A PRISONER IN THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND 114
CORRECTION WHO IS ENROLLED IN A WORK PROGRAM THAT IS ESTABLISHED 115
BY THE DEPARTMENT PURSUANT TO SECTION 5145.16 OF THE REVISED CODE
AND IN WHICH THE PRISONER IS REQUIRED TO OPERATE A MOTOR VEHICLE, 116
AS DEFINED IN SECTION 4509.01 OF THE REVISED CODE, AND WHO IS 117
ENGAGED IN THE OPERATION OF A MOTOR VEHICLE IN THE COURSE OF THE 118
WORK PROGRAM.
Sec. 109.42. (A) The attorney general shall prepare and 127
have printed a pamphlet that contains a compilation of all 128
statutes relative to victim's rights in which the attorney 129
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general lists and explains the statutes in the form of a victim's 131
bill of rights. The attorney general shall distribute the 132
pamphlet to all sheriffs, marshals, municipal corporation and 134
township police departments, constables, and other law 135
enforcement agencies, to all prosecuting attorneys, city 136
directors of law, village solicitors, and other similar chief 137
legal officers of municipal corporations, and to organizations 138
that represent or provide services for victims of crime. The 139
victim's bill of rights set forth in the pamphlet shall contain a 140
description of all of the rights of victims that are provided for 141
in Chapter 2930. or in any other section of the Revised Code and 142
shall include, but not be limited to, all of the following: 143
(1) The right of a victim or a victim's representative to 146
attend a proceeding before a grand jury, in a juvenile case, or 147
in a criminal case pursuant to a subpoena without being 148
discharged from the victim's or representative's employment, 149
having the victim's or representative's employment terminated, 150
having the victim's or representative's pay decreased or 151
withheld, or otherwise being punished, penalized, or threatened 152
as a result of time lost from regular employment because of the 153
victim's or representative's attendance at the proceeding 155
pursuant to the subpoena, as set forth in section 2151.211, 156
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 158
2151.411 of the Revised Code of a forfeited recognizance to pay 159
damages caused by a child when the delinquency of the child or 160
child's violation of probation is found to be proximately caused 161
by the failure of the child's parent or guardian to subject the 162
child to reasonable parental authority or to faithfully discharge 163
the conditions of probation; 164
(3) The availability of awards of reparations pursuant to 166
sections 2743.51 to 2743.72 of the Revised Code for injuries 167
caused by criminal offenses; 168
(4) The right of the victim in certain criminal cases or a 170
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victim's representative to receive, pursuant to section 2930.06 171
of the Revised Code, notice of the date, time, and place of the 172
trial in the case or, if there will not be a trial, information 173
from the prosecutor, as defined in section 2930.01 of the Revised 174
Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal cases or a 176
victim's representative to receive, pursuant to section 2930.04, 177
2930.05, or 2930.06 of the Revised Code, notice of the name of 178
the person charged with the violation, the case or docket number 179
assigned to the charge, and a telephone number or numbers that 180
can be called to obtain information about the disposition of the 181
case;
(6) The right of the victim in certain criminal cases or 183
of the victim's representative pursuant to section 2930.13 or 185
2930.14 of the Revised Code, subject to any reasonable terms set 186
by the court as authorized under section 2930.14 of the Revised 187
Code, to make a statement about the victimization and, if 189
applicable, a statement relative to the sentencing of the 190
offender; 191
(7) The opportunity to obtain a court order, pursuant to 193
section 2945.04 of the Revised Code, to prevent or stop the 194
commission of the offense of intimidation of a crime victim or 195
witness or an offense against the person or property of the 196
complainant, or of the complainant's ward or child; 197
(8) The right of the victim in certain criminal cases or a 199
victim's representative pursuant to sections 2929.20, 2930.10, 200
2930.16, and 2930.17 of the Revised Code to receive notice of a 201
pending motion for judicial release of the person who committed 203
the offense against the victim and to make an oral or written
statement at the court hearing on the motion; 204
(9) The right of the victim in certain criminal cases or a 206
victim's representative, pursuant to section 2930.16, 2967.12, OR 208
2967.26, or 2967.27 of the Revised Code, to receive notice of any 209
pending commutation, pardon, parole, or furlough TRANSITIONAL 210
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CONTROL, OTHER FORM OF AUTHORIZED RELEASE, OR POST-RELEASE 211
CONTROL for the person who committed the offense against the 212
victim or any application for release of that person and to send 214
a written statement relative to the victimization and the pending 215
action to the adult parole authority; 216
(10) The right of the victim to bring a civil action 218
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 219
obtain money from the offender's profit fund; 220
(11) The right, pursuant to section 3109.09 of the Revised 223
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 225
minor who willfully damages property through the commission of an 226
act that would be a theft offense, as defined in section 2913.01 227
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 229
Code, to maintain a civil action to recover compensatory damages 230
not exceeding ten thousand dollars and costs from the parent of a 231
minor who willfully and maliciously assaults a person; 232
(13) The possibility of receiving restitution from an 234
offender or a delinquent child pursuant to section 2151.355, 235
2929.18, or 2929.21 of the Revised Code; 236
(14) The right of the victim in certain criminal cases or 239
a victim's representative, pursuant to section 2930.16 of the
Revised Code, to receive notice of the escape from confinement or 241
custody of the person who committed the offense, to receive that 242
notice from the custodial agency of the person at the victim's 243
last address or telephone number provided to the custodial 244
agency, and to receive notice that, if either the victim's 245
address or telephone number changes, it is in the victim's 246
interest to provide the new address or telephone number to the 247
custodial agency. 248
(15) The right of a victim of domestic violence to seek 250
the issuance of a temporary protection order pursuant to section 252
2919.26 of the Revised Code, to seek the issuance of a civil 253
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protection order pursuant to section 3113.31 of the Revised Code, 254
and to be accompanied by a victim advocate during court
proceedings. 255
(16) The right of a victim of a sexually oriented offense 258
that is committed by a person who is adjudicated as being a 259
sexual predator or, in certain cases, by a person who is 260
determined to be a habitual sex offender to receive, pursuant to 261
section 2950.10 of the Revised Code, notice that the offender has 263
registered with a sheriff under section 2950.04 or 2950.05 of the 264
Revised Code and notice of the offender's name and residence 265
address or addresses, and a summary of the manner in which the 266
victim must make a request to receive the notice. As used in 267
this division, "sexually oriented offense," "adjudicated as being 268
a sexual predator," and "habitual sex offender" have the same 269
meanings as in section 2950.01 of the Revised Code. 270
(17) The right of a victim of certain sexually violent 272
offenses committed by a sexually violent predator who is 273
sentenced to a prison term pursuant to division (A)(3) of section 275
2971.03 of the Revised Code to receive, pursuant to section 276
2930.16 of the Revised Code, notice of a hearing to determine 277
whether to modify the requirement that the offender serve the 278
entire prison term in a state correctional facility, whether to 279
continue, revise, or revoke any existing modification of that 280
requirement, or whether to terminate the prison term. As used in 281
this division, "sexually violent offense" and "sexually violent 282
predator" have the same meanings as in section 2971.01 of the 283
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 285
prosecuting attorney, assistant prosecuting attorney, city 287
director of law, assistant director of law, village solicitor, 288
assistant village solicitor, or similar chief legal officer of a 289
municipal corporation or an assistant of any such officer who 290
prosecutes an offense committed in this state, upon first contact 291
with the victim of the offense, the victim's family, or the 292
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victim's dependents, shall give the victim, the victim's family, 293
or the victim's dependents a copy of the pamphlet prepared 294
pursuant to division (A) of this section and explain, upon 295
request, the information in the pamphlet to the victim, the 296
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law 298
enforcement agency that investigates an offense committed in this 301
state shall give the victim of the offense, the victim's family, 302
or the victim's dependents a copy of the pamphlet prepared 304
pursuant to division (A) of this section at one of the following 305
times:
(i) Upon first contact with the victim, the victim's 307
family, or the victim's dependents; 308
(ii) If the offense is an offense of violence, if the 310
circumstances of the offense and the condition of the victim, the 312
victim's family or the victim's dependents indicate that the
victim, the victim's family, or the victim's dependents will not 313
be able to understand the significance of the pamphlet upon first 315
contact with the agency, and if the agency anticipates that it 316
will have an additional contact with the victim, the victim's 317
family, or the victim's dependents, upon the agency's second 318
contact with the victim, the victim's family, or the victim's 319
dependents.
If the agency does not give the victim, the victim's 321
family, or the victim's dependents a copy of the pamphlet upon 322
first contact with them and does not have a second contact with 323
the victim, the victim's family, or the victim's dependents, the 325
agency shall mail a copy of the pamphlet to the victim, the 326
victim's family, or the victim's dependents at their last known 327
address. 328
(c) In complying on and after December 9, 1994, with the 330
duties imposed by division (B)(1)(a) or (b) of this section, an 332
official or a law enforcement agency shall use copies of the 333
pamphlet that are in the official's or agency's possession on 334
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December 9, 1994, until the official or agency has distributed 336
all of those copies. After the official or agency has 337
distributed all of those copies, the official or agency shall use 338
only copies of the pamphlet that contain at least the information 339
described in division (A)(1) to (15) of this section. 340
(2) The failure of a law enforcement agency or of a 342
prosecuting attorney, assistant prosecuting attorney, director of 343
law, assistant director of law, village solicitor, assistant 344
village solicitor, or similar chief legal officer of a municipal 345
corporation or an assistant to any such officer to give, as 346
required by division (B)(1) of this section, the victim of an 348
offense, the victim's family, or the victim's dependents a copy 349
of the pamphlet prepared pursuant to division (A) of this section 350
does not give the victim, the victim's family, the victim's 351
dependents, or a victim's representative any rights under section 353
122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 354
3109.09, or 3109.10 of the Revised Code or under any other 355
provision of the Revised Code and does not affect any right under 356
those sections. 357
(3) A law enforcement agency, a prosecuting attorney or 359
assistant prosecuting attorney, or a director of law, assistant 360
director of law, village solicitor, assistant village solicitor, 361
or similar chief legal officer of a municipal corporation that 362
distributes a copy of the pamphlet prepared pursuant to division 363
(A) of this section shall not be required to distribute a copy of 364
an information card or other printed material provided by the 365
clerk of the court of claims pursuant to section 2743.71 of the 366
Revised Code.
(C) The cost of printing and distributing the pamphlet 368
prepared pursuant to division (A) of this section shall be paid 369
out of the reparations fund, created pursuant to section 2743.191 370
of the Revised Code, in accordance with division (D) of that 371
section. 372
(D) As used in this section: 374
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(1) "Victim's representative" has the same meaning as in 376
section 2930.01 of the Revised Code; 377
(2) "Victim advocate" has the same meaning as in section 380
2919.26 of the Revised Code.
Sec. 307.93. (A) The boards of county commissioners of 390
two or more adjacent counties may contract for the joint 391
establishment of a multicounty correctional center, and the board 392
of county commissioners of a county or the boards of two or more 393
counties may contract with any municipal corporation or municipal 394
corporations located in that county or those counties for the 395
joint establishment of a municipal-county or 396
multicounty-municipal correctional center. The center shall 397
augment county and, where applicable, municipal jail programs and 398
facilities by providing custody and rehabilitative programs for 399
those persons under the charge of the sheriff of any of the 400
contracting counties or of the officer or officers of the 401
contracting municipal corporation or municipal corporations 402
having charge of persons incarcerated in the municipal jail, 403
workhouse, or other correctional facility who, in the opinion of 404
the sentencing court, need programs of custody and rehabilitation 405
not available at the county or municipal jail and by providing 406
custody and rehabilitative programs in accordance with division 407
(C) of this section, if applicable. The contract may include, 408
but need not be limited to, provisions regarding the acquisition, 409
construction, maintenance, repair, termination of operations, and 410
administration of the center. The contract shall prescribe the 411
manner of funding of, and debt assumption for, the center and the 412
standards and procedures to be followed in the operation of the 413
center. Except as provided in division (H) of this section, the 415
contracting counties and municipal corporations shall form a 417
corrections commission to oversee the administration of the 418
center. Members of the commission shall consist of the sheriff 419
of each participating county, the president of the board of 420
county commissioners of each participating county, the presiding 421
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judge of the court of common pleas of each participating county, 422
or, if the court of common pleas of a participating county has 423
only one judge, then that judge, the chief of police of each 424
participating municipal corporation, the mayor or city manager of 425
each participating municipal corporation, and the presiding judge 426
or the sole judge of the municipal court of each participating 427
municipal corporation. Any of the foregoing officers may appoint 428
a designee to serve in the officer's place on the corrections 429
commission. The standards and procedures shall be formulated and 430
agreed to by the commission and may be amended at any time during 431
the life of the contract by agreement of the parties to the 432
contract upon the advice of the commission. The standards and 433
procedures formulated by the commission shall include, but need 434
not be limited to, designation of the person in charge of the 435
center, the categories of employees to be employed at the center, 436
the appointing authority of the center, and the standards of 437
treatment and security to be maintained at the center. The 438
person in charge of, and all persons employed to work at, the 439
center shall have all the powers of police officers as are 440
necessary for the proper performance of the duties relating to 441
their positions at the center.
(B) Each board of county commissioners that enters a 443
contract under division (A) of this section may appoint a 444
building commission pursuant to section 153.21 of the Revised 445
Code. If any commissions are appointed, they shall function 446
jointly in the construction of a multicounty or 447
multicounty-municipal correctional center with all the powers and 448
duties authorized by law. 449
(C) Prior to the acceptance for custody and rehabilitation 451
into a center established under this section of any persons who 452
are designated by the department of rehabilitation and 453
correction, who plead guilty to or are convicted of a felony of 454
the fourth or fifth degree, and who satisfy the other
requirements listed in section 5120.161 of the Revised Code, the 455
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corrections commission of a center established under this section 457
shall enter into an agreement with the department of 458
rehabilitation and correction under section 5120.161 of the 459
Revised Code for the custody and rehabilitation in the center of 460
persons who are designated by the department, who plead guilty to 461
or are convicted of a felony of the fourth or fifth degree, and 462
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in 463
the center pursuant to an agreement entered into under this 464
division shall be subject to supervision and control in the 466
manner described in section 5120.161 of the Revised Code. This 467
division does not affect the authority of a court to directly 468
sentence a person who is convicted of or pleads guilty to a 469
felony to the center in accordance with section 2929.16 of the
Revised Code. 470
(D)(1) Each board of county commissioners and the 472
legislative authority of each municipal corporation that enters 473
into a contract under division (A) of this section may require a 474
person who was convicted of an offense an offense, who is under 476
the charge of the sheriff of their county or of the officer or 477
officers of the contracting municipal corporation or municipal 478
corporations having charge of persons incarcerated in the 479
municipal jail, workhouse, or other correctional facility, and 480
who is confined in the multicounty or multicounty-municipal
correctional center as provided in that division, to reimburse 481
the applicable county or municipal corporation for its expenses 482
incurred by reason of the person's confinement in the center. 483
The expenses of confinement include, but are not limited to, the 484
expenses relating to the provision of food, clothing, shelter, 486
medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, 487
and up to two hours of overtime costs the sheriff or municipal 488
corporation incurred relating to the trial of the person. The 490
amount of reimbursement may be the actual cost of the prisoner's 491
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PERSON'S confinement plus the authorized trial overtime costs or 492
a lesser amount determined by the board of county commissioners 493
of the county or the legislative authority of the municipal 494
corporation, provided that the lesser amount shall be determined 495
by a formula that is uniformly applied to persons incarcerated in 496
the center. The amount of reimbursement shall be determined by a 497
court at a hearing held pursuant to section 2929.18 of the 498
Revised Code if the prisoner person is confined for a felony or 499
section 2929.223 of the Revised Code if the prisoner person is 500
confined for a misdemeanor. The a confined for a misdemeanor 501
amount or amounts paid in reimbursement by a prisoner PERSON 503
confined for a misdemeanor or the amount recovered from a 504
prisoner PERSON confined for a misdemeanor by executing upon the 505
judgment obtained pursuant to section 2929.223 of the Revised 506
Code shall be paid into the treasury of the county or municipal 507
corporation that incurred the expenses. If a prisoner person is 508
confined for a felony and the court imposes a sanction under 509
section 2929.18 of the Revised Code that requires the prisoner 510
person to reimburse the costs of confinement, the prosecuting 512
attorney of the county or the director of law of the municipal
corporation shall bring an action to recover the expenses of the 514
confinement, as determined by the court pursuant to section
2929.181 in accordance with section 2929.18 of the Revised Code. 515
(2) Each board of county commissioners and the legislative 517
authority of each municipal corporation that enters into a 518
contract under division (A) of this section may adopt a 519
resolution or ordinance specifying that a person who was 520
convicted of a felony, who is under the charge of the sheriff of 521
their county or of an officer of one of the contracting municipal 522
corporations having charge of persons incarcerated in the 523
municipal jail, workhouse, or other facility, and who is confined 524
in the multicounty or multicounty-municipal correctional center 525
as provided in that division is not required to reimburse the
applicable county or municipal corporation for its expenses 527
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incurred by reason of the person's confinement in the center, 528
including the expenses listed in division (D)(1) of this section. 529
If the boards and legislative authorities adopt a resolution or 530
ordnance ORDINANCE of that nature, the boards and legislative 531
authorities shall provide a copy to the courts of common pleas of 532
their counties, and the court that sentences a person convicted 533
of a felony shall not impose a sanction under section 2929.18 of 534
the Revised Code that requires the person to reimburse the costs
of the confinement. 535
(E) In lieu of requiring offenders to reimburse the county 537
for expenses incurred by reason of the person's confinement under 538
division (D) of this section, each board of county commissioners 539
and the legislative authority of each municipal corporation that 540
enters into a contract under division (A) of this section may 541
jointly adopt a prisoner reimbursement policy for the center
pursuant to this section to be administered by the person 542
appointed under division (A) of this section to be in charge of 543
the center. The person in charge may appoint a reimbursement 544
coordinator to administer the center's prisoner reimbursement 545
policy. A prisoner reimbursement policy adopted under this 546
division is a policy that requires a person confined to the
center to reimburse the applicable political subdivisions for any 547
expenses incurred by reason of the person's confinement in the 548
center, which expenses may include, but are not limited to, the 549
following:
(1) A per diem fee for room and board of not more than 551
sixty dollars per day or the actual per diem cost, whichever is 552
less, for the entire period of time the person is confined to the 553
center;
(2) Actual charges for medical and dental treatment; 555
(3) Reimbursement for government property damaged by the 557
person while confined to the center. 558
Rates charged shall be on a sliding scale determined by the 560
corrections commission based on the ability of the person 561
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confined to the center to pay and on consideration of any legal 562
obligation of the person to support a spouse, minor children, or 563
other dependents and any moral obligation to support dependents 564
to whom the person is providing or has in fact provided support. 565
The reimbursement coordinator or another person designated 567
by the person in charge may investigate the financial status of 568
the confined person and obtain information necessary to 569
investigate that status, by means that may include contacting 570
employers and reviewing income tax records. The coordinator may
work with the confined person to create a repayment plan to be 571
implemented upon the person's release. At the end of that 572
person's incarceration, the person shall be presented with a 573
billing statement.
The reimbursement coordinator or another person designated 575
by the person in charge of the center may collect, or the 576
corrections commission may enter into a contract with one or more 577
public agencies or private vendors to collect, any amounts 578
remaining unpaid. Within twelve months after the date of the
confined person's release, the prosecuting attorney, city 580
director of law, or village solicitor of a participating
political subdivision may file a civil action to seek 581
reimbursement from that person for any billing amount that 582
remains unpaid. The participating political subdivisions shall 583
not enforce any judgment obtained under this section by means of 584
execution against the person's homestead. For purposes of this 585
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 586
under this section shall be credited to the general fund of the 587
political subdivision that bore the expense, to be used for 588
general fund purposes.
(F)(1) Notwithstanding any contrary provision in this 590
section or section 2929.18 or 2929.223 of the Revised Code, the 591
corrections commission of a center may establish a policy that 592
requires any person who is not indigent and who is confined in 593
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the multicounty, municipal-county, or multicounty-municipal 594
correctional center to pay a reasonable fee for any medical 595
treatment or service requested by and provided to that person.
This fee shall not exceed the actual cost of the treatment or 596
service provided. No person confined to a multicounty, 597
municipal-county, or multicounty-municipal correctional center 598
who is indigent shall be required to pay those fees, and no 599
person who is confined to a correctional center of that type
shall be denied any necessary medical care because of inability 600
to pay those fees.
Upon provision of the requested medical treatment or 602
service, payment of the required fee may be automatically 603
deducted from a person's account record in the center's business 604
office. If the person has no funds in the person's account, a 605
deduction may be made at a later date during the person's
confinement in the center if funds later become available in the 606
person's account. If the person is released from the center and 607
has an unpaid balance of these fees, the corrections commission 608
may bill the person for payment of the remaining unpaid fees. 609
Fees received for medical treatment or services shall be paid 610
into the commissary fund, if one has been created for the center, 611
or if no such fund exists, into the treasuries of the political
subdivisions that incurred the expenses of those treatments and 612
services, in the same proportion as those expenses were borne by 613
those political subdivisions. 614
(2) If a person confined to a multicounty, 616
municipal-county, or multicounty-municipal correctional center is 617
required under division (D) or (E) of this section or section 618
2929.18 or 2929.223 of the Revised Code to reimburse a county or 619
municipal corporation for expenses incurred by reason of the 620
person's confinement to the center, any fees paid by the person 621
under division (F)(1) of this section shall be deducted from the 622
expenses required to be reimbursed under division (D) or (E) of 623
this section or section 2929.18 or 2929.223 of the Revised Code.
17
(G)(1) The corrections commission of a center established 626
under this section may establish a commissary for the center. 627
The commissary may be established either in-house or by another 628
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. 630
A person's purchases from the commissary shall be deducted from 631
the person's account record in the center's business office. The 632
commissary shall provide for the distribution to indigent persons 633
incarcerated in the center of necessary hygiene articles and 634
writing materials.
(2) If a commissary is established, the corrections 636
commission of a center established under this section shall 637
establish a commissary fund for the center. The management of 638
funds in the commissary fund shall be strictly controlled in 639
accordance with procedures adopted by the auditor of state. 640
Commissary fund revenue over and above operating costs and 641
reserve shall be considered profits. All profits from the 642
commissary fund shall be used to purchase supplies and equipment 643
for the benefit of persons incarcerated in the center. The 644
corrections commission shall adopt rules and regulations for the 645
operation of any commissary fund it establishes. 646
(H) In lieu of forming a corrections commission to 648
administer a multicounty correctional center or a 649
municipal-county or multicounty-municipal correctional center, 650
the boards of county commissioners and the legislative 651
authorities of the municipal corporations contracting to
establish the center may also agree to contract for the private 652
operation and management of the center as provided in section 653
9.06 of the Revised Code, but only if the center houses only 654
misdemeanant inmates. In order to enter into a contract under 655
section 9.06 of the Revised Code, all the boards and legislative 656
authorities establishing the center shall approve and be parties 657
to the contract.
(I) IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN 659
18
OFFENSE IS SENTENCED TO A TERM IN A MULTICOUNTY CORRECTIONAL 660
CENTER OR A MUNICIPAL-COUNTY OR MULTICOUNTY-MUNICIPAL 661
CORRECTIONAL CENTER OR IS INCARCERATED IN THE CENTER IN THE 662
MANNER DESCRIBED IN DIVISION (C) OF THIS SECTION, OR IF A PERSON 663
WHO IS ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN DENIED BAIL OR
HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL IS CONFINED IN 664
A MULTICOUNTY CORRECTIONAL CENTER OR A MUNICIPAL-COUNTY OR 665
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER PENDING TRIAL, AT THE 667
TIME OF RECEPTION AND AT OTHER TIMES THE OFFICER, OFFICERS, OR 668
OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER DETERMINES 669
TO BE APPROPRIATE, THE OFFICER, OFFICERS, OR OTHER PERSON IN
CHARGE OF THE OPERATION OF THE CENTER MAY CAUSE THE CONVICTED OR 670
ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 671
INFECTION, AND OTHER CONTAGIOUS DISEASES. THE OFFICER, OFFICERS, 672
OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER MAY 673
CAUSE A CONVICTED OR ACCUSED OFFENDER IN THE CENTER WHO REFUSES 674
TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR 675
ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED
INVOLUNTARILY. 676
(J) As used in this section, "multicounty-municipal" means 677
more than one county and a municipal corporation, or more than 678
one municipal corporation and a county, or more than one 679
municipal corporation and more than one county. 680
Sec. 341.14. (A) The sheriff of an adjoining county shall 690
not receive prisoners as provided by section 341.12 of the 691
Revised Code unless there is deposited weekly with the sheriff an 693
amount equal to the actual cost of keeping and feeding each
prisoner so committed for the use of the jail of that county, and 694
the same amount for a period of time less than one week. If a 695
prisoner is discharged before the expiration of the term for 696
which the prisoner was committed, the excess of the amount 697
advanced shall be refunded.
(B)(1) The board of county commissioners of the county 699
that receives pursuant to section 341.12 of the Revised Code for 700
19
confinement in its jail, a prisoner who was convicted of an 701
offense, may require the prisoner to reimburse the county for its 703
expenses incurred by reason of the prisoner's confinement, 704
including, but not limited to, the expenses relating to the 705
provision of food, clothing, shelter, medical care, person 706
hygiene products, including, but not limited to, toothpaste, 707
toothbrushes, and feminine hygiene items, and up to two hours of
overtime costs the sheriff or municipal corporation incurred 708
relating to the trial of the person. The amount of reimbursement 710
may be the actual cost of the prisoner's confinement plus the 711
authorized trial overtime costs or a lesser amount determined by
the board of county commissioners of the county, provided that 713
the lesser amount shall be determined by a formula that is 714
uniformly applied to persons incarcerated in the jail. The
amount of reimbursement shall be determined by a court at a 715
hearing held pursuant to section 2929.18 of the Revised Code if 716
the prisoner is confined for a felony or section 2929.223 of the 717
Revised Code if the prisoner is confined for a misdemeanor. The 718
a confined for a misdemeanor amount or amounts paid in 719
reimbursement by a prisoner confined for a misdemeanor or the 720
amount recovered from a prisoner confined for a misdemeanor by 721
executing upon the judgment obtained pursuant to section 2929.223 723
of the Revised Code shall be paid into the county treasury. If a 724
prisoner is confined for a felony and the court imposes a 725
sanction under section 2929.18 of the Revised Code that requires
the prisoner to reimburse the costs of confinement, the 726
prosecuting attorney shall bring an action to recover the 727
expenses of confinement, the IN ACCORDANCE WITH SECTION 2929.18 728
of the Revised Code.
(2) The board of county commissioners of the county that 730
receives, pursuant to section 341.12 of the Revised Code for 731
confinement in its jail a prisoner who was convicted of a felony 732
may adopt a resolution specifying that prisoners convicted of 733
felonies are not required to reimburse the county for its 734
20
expenses incurred by reason of the prisoner's confinement,
including the expenses listed in division (B)(1) of this section. 735
If the board adopts a resolution of that nature, the board shall 736
provide a copy to the court of common pleas of the county, and 737
the court that sentences a person convicted of a felony shall not 738
impose a sanction under section 2929.18 of the Revised Code that 739
requires the person to reimburse the costs of the confinement. 740
(C) Divisions (A) and (B) of section 341.06 of the Revised 743
Code apply regarding a prisoner confined in a jail as described
in division (B) of this section. 744
(D) IF A COUNTY RECEIVES PURSUANT TO SECTION 341.12 OF THE 746
REVISED CODE FOR CONFINEMENT IN ITS JAIL A PERSON WHO HAS BEEN 748
CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE AND HAS BEEN
SENTENCED TO A TERM IN A JAIL OR A PERSON WHO HAS BEEN ARRESTED 749
FOR AN OFFENSE, WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND 750
HAS NOT BEEN RELEASED ON BAIL, AND WHO IS CONFINED IN JAIL 751
PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE 752
SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE JAIL 753
DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN 754
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR 755
ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 756
INFECTION, AND OTHER CONTAGIOUS DISEASES. THE SHERIFF OR OTHER 757
PERSON IN CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A
CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE 758
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER 759
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 760
Sec. 341.19. (A)(1) The board of county commissioners may 770
require a person who was convicted of an offense and who is 771
confined in the county jail to reimburse the county for its 772
expenses incurred by reason of the person's confinement, 773
including, but not limited to, the expenses relating to the 774
provision of food, clothing, shelter, medical care, personal
hygiene products, including, but not limited to, toothpaste, 775
toothbrushes, and feminine hygiene items, and up to two hours of 776
21
overtime costs the sheriff or municipal corporation incurred 777
relating to the trial of the person. The amount of reimbursement 778
may be the actual cost of the prisoner's confinement plus the 779
authorized trial overtime costs or a lesser amount determined by 781
the board of county commissioners of the county, provided that 782
the lesser amount shall be determined by a formula that is
uniformly applied to persons incarcerated in the jail. The 783
amount of reimbursement shall be determined by a court at a 784
hearing held pursuant to section 2929.18 of the Revised Code if 785
the prisoner PERSON is confined for a felony or section 2929.223 786
of the Revised Code if the prisoner PERSON is confined for a 787
misdemeanor. The a confined for a misdemeanor amount or amounts 788
paid in reimbursement by a prisoner PERSON confined for a 790
misdemeanor or the amount recovered from a prisoner PERSON 791
confined for a misdemeanor by executing upon the judgment 792
obtained pursuant to section 2929.223 of the Revised Code shall 793
be paid into the county treasury. If a prisoner PERSON is 794
confined for a felony and the court imposes a sanction under 795
section 2929.18 of the Revised Code that requires the prisoner 796
PERSON to reimburse the costs of confinement, the prosecuting 797
attorney shall bring an action to recover the expenses of 798
confinement in accordance with section 2929.18 of the Revised
Code. 799
(2)(B) The board of county commissioners may adopt a 802
resolution specifying that a person who is convicted of a felony
and who is confined in the county jail is not required to 803
reimburse the county for its expenses incurred by reason of the 804
person's confinement, including the expenses listed in division 805
(A)(1) of this section. If the board adopts a resolution of that 806
nature, the board shall provide a copy to the court of common 807
pleas of the county, and the court that sentences a person 808
convicted of a felony shall not impose a sanction under section 809
2929.18 of the Revised Code that requires the person to reimburse
the costs of the confinement. 810
22
(B) Divisions (A) and (B) of section 341.06 of the Revised 813
Code apply regarding a prisoner confined in a jail as described
in division (A) of this section. 814
(C) IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN 816
OFFENSE IS SENTENCED TO A TERM IN A JAIL, OR IF A PERSON WHO HAS 817
BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS 818
HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL IS CONFINED IN 819
JAIL PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES 820
THE SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE 822
JAIL DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN 823
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR 824
ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 825
INFECTION, AND OTHER CONTAGIOUS DISEASES. THE SHERIFF OR OTHER 826
PERSON IN CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A
CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE 827
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER 828
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 829
Sec. 341.21. (A) The board of county commissioners may 838
direct the sheriff to receive into custody prisoners charged with 840
or convicted of crime by the United States, and to keep such
prisoners until discharged. 841
The board of the county in which prisoners charged with or 843
convicted of crime by the United States may be so committed may 844
negotiate and conclude any contracts with the United States for 845
the use of the jail as provided by this section and as the board 846
sees fit.
A prisoner so committed shall be supported at the expense 848
of the United States during the prisoner's confinement in the 850
county jail. No greater compensation shall be charged by a 851
sheriff for the subsistence of that type of prisoner than is 852
provided by section 311.20 of the Revised Code to be charged for 853
the subsistence of state prisoners. 854
A sheriff or jailer who neglects or refuses to perform the 856
services and duties directed by the board by reason of this 857
23
division, shall be liable to the same penalties, forfeitures, and 858
actions as if the prisoner had been committed under the authority 860
of this state.
(B) Prior to the acceptance for housing into the county 862
jail of persons who are designated by the department of 863
rehabilitation and correction, who plead guilty to or are 864
convicted of a felony of the fourth or fifth degree, and who 865
satisfy the other requirements listed in section 5120.161 of the 866
Revised Code, the board of county commissioners shall enter into
an agreement with the department of rehabilitation and correction 867
under section 5120.161 of the Revised Code for the housing in the 868
county jail of persons designated by the department who plead 869
guilty to or are convicted of a felony of the fourth or fifth 870
degree and who satisfy the other requirements listed in that 871
section in exchange for a per diem fee per person. Persons 872
incarcerated in the county jail pursuant to an agreement entered 873
into under this division shall be subject to supervision and 875
control in the manner described in section 5120.161 of the 876
Revised Code. This division does not affect the authority of a 877
court to directly sentence a person who is convicted of or pleads 878
guilty to a felony to the county jail in accordance with section
2929.16 of the Revised Code. 879
(C)(1) Notwithstanding any contrary provision in the 881
Revised Code, the board of county commissioners may establish a 882
policy that requires any person who is not indigent and who is 883
confined in the jail under division (B) of this section to pay a 884
reasonable fee for any medical treatment or service requested by 885
and provided to that person. This fee shall not exceed the
actual cost of the treatment or service requested by and provided 886
to that person. This fee shall not exceed the actual cost of the 887
treatment or service provided. No person confined to the jail 888
who is indigent shall be required to pay those fees, and no 889
person confined to the jail shall be denied any necessary medical
care because of inability to pay those fees. 890
24
Upon provision of the requested medical treatment or 892
service, payment of the required fee may be automatically 893
deducted from a person's account record in the jail's business 894
office. If the person has no funds in the person's account, a 895
deduction may be made at a later date during the person's
confinement in the jail if funds later become available in the 896
person's account. If the person is released from the jail and 897
has an unpaid balance of these fees, the board of county 898
commissioners may bill the person for payment of the remaining 899
unpaid fees. Fees received for medical treatment or services
shall be paid into the commissary fund, if one has been 900
established for the jail or if no such fund exists, into the 901
county treasury.
(2) If a person confined to the jail is required under 903
section 341.06, 2929.18, or 2929.223 of the Revised Code to 904
reimburse the county for expenses incurred by reason of the 905
person's confinement to the jail, any fees paid by the person 906
under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under section 341.06, 2929.18, 908
or 2929.223 of the Revised Code.
(D) IF A SHERIFF RECEIVES INTO CUSTODY A PRISONER 910
CONVICTED OF CRIME BY THE UNITED STATES AS DESCRIBED IN DIVISION 911
(A) OF THIS SECTION, IF A PERSON WHO HAS BEEN CONVICTED OF OR 912
PLEADED GUILTY TO AN OFFENSE IS INCARCERATED IN THE JAIL IN THE 913
MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, IF A SHERIFF 914
RECEIVES INTO CUSTODY A PRISONER CHARGED WITH A CRIME BY THE 915
UNITED STATES AND THE PRISONER HAS HAD BAIL DENIED OR HAS HAD 916
BAIL SET, HAS NOT BEEN RELEASED ON BAIL, AND IS CONFINED IN JAIL 917
PENDING TRIAL, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN 918
OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS 919
NOT BEEN RELEASED ON BAIL IS CONFINED IN JAIL PENDING TRIAL, AT 920
THE TIME OF RECEPTION AND AT OTHER TIMES THE SHERIFF OR OTHER 921
PERSON IN CHARGE OF THE OPERATION OF THE JAIL DETERMINES TO BE 922
APPROPRIATE, THE SHERIFF OR OTHER PERSON IN CHARGE OF THE
25
OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER 923
TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND 924
OTHER CONTAGIOUS DISEASES. THE SHERIFF OR OTHER PERSON IN CHARGE 925
OF THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OR ACCUSED 926
OFFENDER IN THE JAIL WHO REFUSES TO BE TESTED OR TREATED FOR 927
TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE 928
TESTED AND TREATED INVOLUNTARILY.
Sec. 341.23. (A) The board of county commissioners of any 938
county or the legislative authority of any municipal corporation 939
in which there is no workhouse, may agree with the legislative 940
authority of any municipal corporation or other authority having 941
control of the workhouse of any other city, or with the directors 942
of any district of a joint city and county workhouse or county 943
workhouse, upon terms on which persons convicted of a misdemeanor 944
by any court or magistrate of a county or municipal corporation 945
having no workhouse, may be received into such workhouse, under 946
sentence of the court or magistrate. Such board or legislative 947
authority may pay the expenses incurred under the agreement out 948
of the general fund of such county or municipal corporation, upon 949
the certificate of the proper officer of the workhouse. 950
(B) The sheriff or other officer transporting any person 952
to such workhouse shall receive six cents per mile for the 953
sheriff or officer, going and returning, five cents per mile for 954
transporting the convict, and five cents per mile, going and 955
coming, for the service of each deputy, to be allowed as in cases 956
in which a person is transported to a state correctional 957
institution. The number of miles shall be computed by the usual 958
routes of travel and, in state cases, shall be paid out of the 959
general fund of the county, on the allowance of the board, and 960
for the violation of the ordinances of any municipal corporation, 961
shall be paid by such municipal corporation on the order of its 962
legislative authority. 963
(C)(1) The board of county commissioners, the directors of 965
the district of a joint city and county workhouse or county 966
26
workhouse, or the legislative authority of the municipal 967
corporation may require a person who was convicted of an offense 968
and who is confined in a workhouse as provided in division (A) of 970
this section, to reimburse the county, district, or municipal 971
corporation, as the case may be, for its expenses incurred by 972
reason of the person's confinement, including, but not limited 973
to, the expenses relating to the provision of food, clothing, 974
shelter, medical care, personal hygiene products, including, but 975
not limited to, toothpaste, toothbrushes, and feminine hygiene 976
items, and up to two hours of overtime costs the sheriff or 977
municipal corporation incurred relating to the trial of the 978
person. The amount of reimbursement may be the actual cost of 979
the prisoner's PERSON'S confinement plus the authorized trial 981
overtime costs or a lesser amount determined by the board of 982
county commissioners of the county, the directors of the district 983
of the joint city or county workhouse, or the legislative 984
authority of the municipal corporation, provided that the lesser
amount shall be determined by a formula that is uniformly applied 985
to persons incarcerated in the workhouse. The amount of 986
reimbursement shall be determined by a court at a hearing held 987
pursuant to section 2929.18 of the Revised Code if the person is 988
confined for a felony or section 2929.223 of the Revised Code if 989
the person is confined for a misdemeanor. The a confined for a 990
misdemeanor or the municipal chief legal officer amount or
amounts paid in reimbursement by a person confined for a 991
misdemeanor or the amount recovered from a person confined for a 992
misdemeanor by executing upon the judgment obtained pursuant to 993
section 2929.223 of the Revised Code shall be paid into the 994
treasury of the county, district, or municipal corporation that 995
incurred the expenses. If a person is confined for a felony and 996
the court imposes a sanction under section 2929.18 of the Revised 997
Code that requires the person to reimburse the costs of
confinement, the prosecuting attorney or the municipal chief 998
legal officer shall bring an action to recover the expenses of 999
27
confinement, the IN ACCORDANCE WITH SECTION 2929.18 of the 1,001
Revised Code.
(2) The board of county commissioners, the directors of 1,003
the district of a joint city and county workhouse or county 1,004
workhouse, or the legislative authority of the municipal 1,005
corporation may adopt a resolution or ordinance specifying that a 1,006
person who is convicted of a felony and who is confined in a 1,007
workhouse as provided in division (A) of this section is not 1,008
required to reimburse the county, district, or municipal 1,009
corporation, as the case may be, for its expenses incurred by 1,010
reason of the person's confinement, including the expenses listed 1,011
in division (C)(1) of this section. If the board, directors, or 1,012
legislative authority adopts a resolution or ordinance of that 1,013
nature, the board, directors, or legislative authority shall 1,014
provide a copy to the court of common pleas of the county, and
the court that sentences a person convicted of a felony shall not 1,015
impose a sanction under section 2929.18 of the Revised Code that 1,016
requires the person to reimburse the costs of the confinement. 1,017
(D) In lieu of requiring offenders to reimburse the 1,019
political subdivision for expenses incurred by reason of the 1,020
person's confinement under division (C) of this section, the 1,021
board of county commissioners, the directors of the district of 1,022
joint city and county workhouse or county workhouse, or the
legislative authority of the municipal corporation having control 1,023
of the workhouse may adopt a prisoner reimbursement policy for 1,024
the workhouse under this division. A reimbursement coordinator 1,025
may be appointed to administer the prisoner reimbursement policy. 1,026
A prisoner reimbursement policy adopted under this division is a 1,027
policy that requires a person confined to the workhouse to
reimburse the political subdivision responsible for paying 1,028
prisoner expenses for any expenses it incurs by reason of the 1,029
person's confinement in the workhouse, which expenses may 1,030
include, but are not limited to, the following:
(1) A per diem fee for room and board of not more than 1,032
28
sixty dollars per day or the actual per diem cost, whichever is 1,033
less, for the entire period of time the person is confined to the 1,034
workhouse;
(2) Actual charges for medical and dental treatment; 1,036
(3) Reimbursement for government property damaged by the 1,038
person while confined to the workhouse. 1,039
Rates charged shall be on a sliding scale determined by the 1,041
board of county commissioners, the directors of the district of 1,042
joint city and county workhouse or county workhouse, or the 1,043
legislative authority of the municipal corporation having control 1,044
of the workhouse, based on the ability of the person confined to 1,045
the workhouse to pay and on consideration of any legal obligation 1,046
of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom 1,047
the person is providing or has in fact provided support. 1,048
The reimbursement coordinator or another person designated 1,050
by the administrator of the workhouse may investigate the 1,051
financial status of the person and obtain information necessary 1,052
to investigate that status, by means that may include contacting 1,053
employers and reviewing income tax records. The coordinator may 1,054
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 1,055
person's incarceration, the person shall be presented with a 1,056
billing statement.
The reimbursement coordinator or another appointed person 1,058
may collect, or the board of county commissioners, the directors 1,059
of the district of joint city and county workhouse or county 1,060
workhouse, or the legislative authority of the municipal 1,061
corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to 1,062
collect, any amounts remaining unpaid. Within twelve months 1,063
after the date of the confined person's release, the prosecuting 1,064
attorney, city director of law, village solicitor, or attorney 1,065
for the district may file a civil action to seek reimbursement 1,066
29
from that person for any billing amount that remains unpaid. The 1,067
political subdivision shall not enforce any judgment obtained
under this section by means of execution against the person's 1,068
homestead. For purposes of this section, "homestead" has the 1,069
same meaning as in division (A) of section 323.151 of the Revised 1,070
Code. Any reimbursement received under this section shall be 1,071
credited to the general fund of the political subdivision that
bore the expense, to be used for general fund purposes. 1,072
(E)(1) Notwithstanding any contrary provision in this 1,074
section or section 2929.18 or 2929.223 of the Revised Code, the 1,075
appropriate board of county commissioners and legislative 1,076
authorities may include in their agreement entered into under 1,077
division (A) of this section a policy that requires any person 1,078
who is not indigent and who is confined in the county, city,
district, or joint city and county workhouse under this section 1,079
to pay a reasonable fee for any medical treatment or service 1,080
requested by and provided to that person. This fee shall not 1,081
exceed the actual cost of the treatment or service provided. No 1,082
person confined to a county, city, district, or joint city and
county workhouse under this section who is indigent shall be 1,083
required to pay those fees, and no person confined to any 1,084
workhouse of that type shall be denied any necessary medical care 1,085
because of inability to pay those fees.
Upon provision of the requested medical treatment or 1,087
service, payment of the required fee may be automatically 1,088
deducted from a person's account record in the workhouse's 1,089
business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the 1,090
person's confinement in the workhouse if funds later become 1,091
available in the person's account. If the person is released 1,092
from the workhouse and has an unpaid balance of these fees, the 1,093
appropriate board of county commissioners and legislative 1,094
authorities may bill the person for payment of the remaining
unpaid fees in the same proportion as those expenses were borne 1,095
30
by the political subdivision issuing the billing statement. Fees 1,096
received for medical treatment or services shall be paid into the 1,097
commissary fund, if one has been created for the workhouse, or if 1,098
no such fund exists, into the treasuries of the political 1,099
subdivisions that incurred the expenses of those treatments or 1,100
services in the same proportion as those expenses were borne by
these political subdivisions. 1,101
(2) If a person confined to a county, city, district, or 1,103
joint city and county workhouse is required under division (C) or 1,104
(D) of this section or section 2929.18 or 2929.223 of the Revised 1,105
Code to reimburse a county or municipal corporation for expenses 1,106
incurred by reason of the person's confinement to the workhouse, 1,107
any fees paid by the person under division (E)(1) of this section 1,108
shall be deducted from the expenses required to be reimbursed 1,109
under division (C) or (D) of this section or section 2929.18 or
2929.223 of the Revised Code. 1,110
(F) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,112
GUILTY TO AN OFFENSE IS INCARCERATED IN THE WORKHOUSE AS PROVIDED 1,113
IN DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT 1,115
OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE 1,116
WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF 1,118
THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER 1,119
TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND 1,121
OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE OPERATION 1,122
OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE WORKHOUSE 1,123
WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV 1,125
INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED 1,126
INVOLUNTARILY.
Sec. 341.34. (A) As used in this section, "building or 1,138
structure" includes, but is not limited to, a modular unit, 1,139
building, or structure and a movable unit, building, or 1,140
structure. 1,141
(B)(1) The board of county commissioners of any county, by 1,143
resolution, may dedicate and permit the use, as a minimum 1,144
31
security jail, of any vacant or abandoned public building or 1,146
structure owned by the county that has not been dedicated to or 1,147
is not then in use for any county or other public purpose, or any 1,148
building or structure rented or leased by the county. The board 1,149
of county commissioners of any county, by resolution, also may 1,150
dedicate and permit the use, as a minimum security jail, of any 1,151
building or structure purchased by or constructed by or for the 1,152
county. Subject to divisions (B)(3) and (C) of this section, 1,153
upon the effective date of such a resolution, the specified 1,154
building or structure shall be used, in accordance with this 1,155
section, for the confinement of persons who meet one of the 1,156
following conditions:
(a) The person is sentenced to a term of imprisonment for 1,158
a traffic violation or a misdemeanor that is not an offense of 1,159
violence and the person is under the jurisdiction of the county, 1,161
or the person is sentenced to a term RESIDENTIAL SANCTION in the 1,162
jail for a felony of the fourth or fifth degree that is not an 1,163
offense of violence; PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF 1,165
THE REVISED CODE, AND THE JAIL ADMINISTRATOR OR THE JAIL 1,167
ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED THE PERSON AS A MINIMAL 1,168
SECURITY RISK. IN DETERMINING THE PERSON'S CLASSIFICATION UNDER 1,169
THIS DIVISION, THE ADMINISTRATOR OR DESIGNEE SHALL CONSIDER ALL 1,170
RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, THE PERSON'S
ESCAPE RISK AND PROPENSITY FOR ASSAULTIVE OR VIOLENT BEHAVIOR, 1,171
BASED UPON THE PERSON'S PRIOR AND CURRENT BEHAVIOR. 1,172
(b) The person is an inmate transferred by order of a 1,174
judge of the sentencing court upon the request of the sheriff, 1,175
administrator, jailer, or other person responsible for operating 1,176
the jail other than a contractor as defined in division (H) of 1,177
section 9.06 of the Revised Code, who is named in the request as 1,178
being suitable for confinement in a minimum security facility and 1,179
for the confinement of persons convicted of a felony who are 1,180
sentenced to a residential sanction in the minimum security 1,182
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,183
32
Revised Code..
(2) The board of county commissioners of any county, by 1,185
resolution, may affiliate with one or more adjacent counties, or 1,186
with one or more municipal corporations located within the county 1,187
or within an adjacent county, and dedicate and permit the use, as 1,188
a minimum security jail, of any vacant or abandoned public 1,190
building or structure owned by any of the affiliating counties or 1,191
municipal corporations that has not been dedicated to or is not 1,192
then in use for any public purpose, or any building or structure 1,193
rented or leased by any of the affiliating counties or municipal 1,194
corporations. The board of county commissioners of any county, 1,195
by resolution, also may affiliate with one or more adjacent 1,196
counties or with one or more municipal corporations located 1,197
within the county or within an adjacent county and dedicate and 1,198
permit the use, as a minimum security jail, of any building or 1,199
structure purchased by or constructed by or for any of the 1,200
affiliating counties or municipal corporations. Any counties and 1,201
municipal corporations that affiliate for purposes of this 1,202
division shall enter into an agreement that establishes the 1,203
responsibilities for the operation and for the cost of operation 1,204
of the minimum security jail. Subject to divisions (B)(3) and 1,205
(C) of this section, upon the effective date of a resolution 1,206
adopted under this division, the specified building or structure 1,207
shall be used, in accordance with this section, for the 1,208
confinement of persons who meet one of the following conditions: 1,209
(a) The person is sentenced to a term of imprisonment for 1,212
a traffic violation, a misdemeanor that is not an offense of 1,213
violence, or, if a VIOLATION OF AN ORDINANCE OF ANY municipal 1,214
corporation is involved, an ordinance of the municipal 1,216
corporation that is not an offense of violence and the person is 1,217
under the jurisdiction of any of the affiliating counties or 1,219
municipal corporations, or the person is sentenced to a term 1,221
RESIDENTIAL SANCTION in the jail for a felony of the fourth or 1,222
fifth degree that is not an offense of violence; PURSUANT TO 1,224
33
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL 1,226
ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED
THE PERSON AS A MINIMAL SECURITY RISK. IN DETERMINING THE 1,227
PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR 1,228
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT 1,229
LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR 1,230
ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND 1,231
CURRENT BEHAVIOR.
(b) The person is an inmate transferred by order of a 1,233
judge of the sentencing court upon the request of the sheriff, 1,234
administrator, jailer, or other person responsible for operating 1,235
the jail other than a contractor as defined in division (H) of 1,236
section 9.06 of the Revised Code, who is named in the request as 1,237
being suitable for confinement in a minimum security facility and 1,238
for the confinement of persons convicted of a felony who are 1,239
sentenced to a residential sanction in the minimum security 1,241
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,242
Revised Code..
(3) No person shall be confined in a building or structure 1,244
dedicated as a minimum security jail under division (B)(1) or (2) 1,246
of this section unless the judge who sentenced the person to the 1,247
term of imprisonment for the traffic violation or the misdemeanor 1,248
SPECIFIES THAT THE TERM OF IMPRISONMENT IS TO BE SERVED IN THAT
JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE 1,249
CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who 1,250
sentenced the person to the residential sanction for the felony 1,253
specifies that the term of imprisonment or the residential 1,254
sanction is to be served in that A jail, AND DIVISION (B)(1) OR 1,255
(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT 1,256
JAIL. If a rented or leased building or structure is so 1,258
dedicated, the building or structure may be used as a minimum 1,259
security jail only during the period that it is rented or leased 1,260
by the county or by an affiliated county or municipal 1,261
corporation. If a person convicted of a misdemeanor is confined 1,263
34
to a building or structure dedicated as a minimum security jail 1,264
under division (B)(1) or (2) of this section and the sheriff, 1,265
administrator, jailer, or other person responsible for operating 1,266
the jail other than a contractor as defined in division (H) of 1,267
section 9.06 of the Revised Code determines that it would be more 1,268
appropriate for the person so confined to be confined in another
jail or workhouse facility, the sheriff, administrator, jailer, 1,269
or other person may transfer the person so confined to a more 1,270
appropriate jail or workhouse facility. 1,271
(C) All of the following apply to a building or structure 1,273
that is dedicated pursuant to division (B)(1) or (2) of this 1,274
section for use as a minimum security jail: 1,275
(1) To the extent that the use of the building or 1,277
structure as a minimum security jail requires a variance from any 1,279
county, municipal corporation, or township zoning regulations or 1,280
ordinances, the variance shall be granted.
(2) Except as provided in this section, the building or 1,282
structure shall not be used to confine any person unless it is in 1,283
substantial compliance with any applicable housing, fire 1,284
prevention, sanitation, health, and safety codes, regulations, or 1,285
standards. 1,286
(3) Unless such satisfaction or compliance is required 1,288
under the standards described in division (C)(4) of this section, 1,289
and notwithstanding any other provision of state or local law to 1,290
the contrary, the building or structure need not satisfy or 1,291
comply with any state or local building standard or code in order 1,292
to be used to confine a person for the purposes specified in 1,293
division (B) of this section. 1,294
(4) The building or structure shall not be used to confine 1,296
any person unless it is in compliance with all minimum standards 1,297
and minimum renovation, modification, and construction criteria 1,298
for minimum security jails that have been proposed by the 1,300
department of rehabilitation and correction, through its bureau 1,301
of adult detention, under section 5120.10 of the Revised Code. 1,302
35
(5) The building or structure need not be renovated or 1,304
modified into a secure detention facility in order to be used 1,305
solely to confine a person for the purposes specified in 1,306
divisions (B)(1)(a) and (B)(2)(a) of this section. 1,307
(6) The building or structure shall be used, equipped, 1,309
furnished, and staffed in the manner necessary to provide 1,310
adequate and suitable living, sleeping, food service or 1,311
preparation, drinking, bathing and toilet, sanitation, and other 1,312
necessary facilities, furnishings, and equipment. 1,313
(D) Except as provided in this section, a minimum security 1,315
jail dedicated and used under this section shall be considered to 1,317
be part of the jail, workhouse, or other correctional facilities 1,318
of the county or the affiliated counties and municipal 1,319
corporations for all purposes under the law. All persons 1,320
confined in such a minimum security jail shall be and shall 1,321
remain, in all respects, under the control of the county 1,322
authority that has responsibility for the management and 1,323
operation of the jail, workhouse, or other correctional
facilities of the county or, if it is operated by any affiliation 1,324
of counties or municipal corporations, under the control of the 1,325
specified county or municipal corporation with that authority, 1,326
provided that, if the person was convicted of a felony and is 1,327
serving a residential sanction in the facility, all provisions of 1,328
law that pertain to persons convicted of a felony that would not 1,329
by their nature clearly be inapplicable apply regarding the 1,330
person. A minimum security jail dedicated and used under this 1,331
section shall be managed and maintained in accordance with 1,332
policies and procedures adopted by the board of county 1,333
commissioners or the affiliated counties and municipal 1,334
corporations governing the safe and healthful operation of the 1,335
jail, the confinement and supervision of the persons sentenced to 1,336
it, and their participation in work release or similar 1,337
rehabilitation programs. In addition to other rules of conduct 1,338
and discipline, the rights of ingress and egress of persons 1,339
36
confined in a minimum security jail dedicated and used under this 1,341
section shall be subject to reasonable restrictions. Every 1,342
person confined in a minimum security jail dedicated and used 1,343
under this section shall be given verbal and written 1,344
notification, at the time of the person's admission to the jail, 1,345
that purposely leaving, or purposely failing to return to, the 1,346
jail without proper authority or permission constitutes the 1,347
felony offense of escape.
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,349
GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A 1,350
RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN 1,351
DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON 1,353
IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A 1,354
JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b) 1,355
OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER 1,356
TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL 1,358
DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN 1,359
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED 1,360
OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 1,361
INFECTION, AND OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE 1,362
OF THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OFFENDER IN 1,363
THE JAIL WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, 1,364
HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND 1,365
TREATED INVOLUNTARILY.
Sec. 753.02. (A) The legislative authority of a municipal 1,377
corporation shall provide by ordinance for sustaining all persons 1,378
sentenced to or confined in a prison or station house at the 1,379
expense of the municipal corporation, and in counties where 1,380
prisons or station houses are in quarters leased from the board 1,381
of county commissioners, may contract with the board for the care 1,382
and maintenance of such persons by the sheriff or other person 1,383
charged with the care and maintenance of county prisoners. On 1,384
the presentation of bills for food, sustenance, and necessary 1,385
supplies, to the proper officer, certified by such person as the 1,386
37
legislative authority designates, the officer shall audit the 1,387
bills under the rules prescribed by the legislative authority, 1,388
and draw the officer's order on the treasurer of the municipal 1,389
corporation in favor of the person presenting the bill. 1,390
(B)(1) The legislative authority of the municipal 1,392
corporation may require a person who was convicted of an offense 1,393
and who is confined in a prison or station house as provided in 1,394
division (A) of this section, or a person who was convicted of an 1,395
offense and who is confined in the county jail as provided in 1,396
section 1905.35 of the Revised Code, to reimburse the municipal 1,397
corporation for its expenses incurred by reason of the person's 1,398
confinement, including, but not limited to, the expenses relating 1,399
to the provision of food, clothing, shelter, medical care, 1,401
personal hygiene products, including, but not limited to, 1,402
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,403
two hours of overtime costs the sheriff or municipal corporation
incurred relating to the trial of the person. The amount of 1,404
reimbursement may be the actual cost of the prisoner's 1,405
confinement plus the authorized trial overtime costs or a lesser 1,406
amount determined by the legislative authority of the municipal 1,407
corporation, provided that the lesser amount shall be determined 1,408
by a formula that is uniformly applied to persons incarcerated in 1,409
the prison, station house, or county jail. The amount of 1,410
reimbursement shall be determined by a court at a hearing held 1,411
pursuant to section 2929.18 of the Revised Code if the prisoner 1,412
person is confined for a felony or section 2929.223 of the 1,413
Revised Code if the prisoner person is confined for a 1,414
misdemeanor. The a confined for a misdemeanor amount or amounts 1,415
paid in reimbursement by a prisoner PERSON confined for a 1,416
misdemeanor or the amount recovered from a prisoner PERSON 1,417
confined for a misdemeanor by executing upon the judgment
obtained pursuant to section 2929.223 of the Revised Code shall 1,418
be paid into the treasury of the municipal corporation. If a 1,419
prisoner person is confined for a felony and the court imposes a 1,420
38
sanction under section 2929.18 of the Revised Code that requires 1,421
the prisoner person to reimburse the costs of confinement, the 1,422
village solicitor, city director of law, or other chief legal 1,423
officer shall bring an action to recover the expenses of
confinement the IN ACCORDANCE WITH SECTION 2929.18 of the Revised 1,425
Code.
(2) The legislative authority of the municipal corporation 1,427
may adopt an ordinance specifying that a person who is convicted 1,428
of a felony and who is confined in a prison or station house as 1,429
provided in division (A) of this section is not required to 1,430
reimburse the municipal corporation for its expenses incurred by 1,431
reason of the person's confinement, including the expenses listed 1,432
in division (B)(1) of this section. If the legislative authority 1,434
adopts an ordinance of that nature, the legislative authority
shall provide a copy to the court of common pleas of the county, 1,435
and the court that sentences a person convicted of a felony shall 1,436
not impose a sanction under section 2929.18 of the Revised Code 1,437
that requires the person to reimburse the costs of the 1,438
confinement.
(C) In lieu of requiring offenders to reimburse the 1,440
municipal corporation for expenses incurred by reason of the 1,441
person's confinement under division (B) of this section, the 1,442
legislative authority of the municipal corporation may adopt a 1,443
prisoner reimbursement policy for the prison or station house
under this division. The prison or station house administrator 1,444
may appoint a reimbursement coordinator to administer the 1,445
prisoner reimbursement policy. A prisoner reimbursement policy 1,446
adopted under this division is a policy that requires a person 1,447
confined to the prison or station house to reimburse the
municipal corporation for any expenses it incurs by reason of the 1,448
person's confinement in the prison or station house, which 1,449
expenses may include, but are not limited to, the following: 1,450
(1) A per diem fee for room and board of not more than 1,452
sixty dollars per day or the actual per diem cost, whichever is 1,453
39
less, for the entire period of time the person is confined to the 1,454
prison or station house;
(2) Actual charges for medical and dental treatment; 1,456
(3) Reimbursement for municipal property damaged by the 1,458
person while confined to the prison or station house. 1,459
Rates charged shall be on a sliding scale determined by the 1,461
legislative authority of the municipal corporation, based on the 1,462
ability of the person confined to the prison or station house to 1,463
pay and on consideration of any legal obligation of the person to 1,464
support a spouse, minor children, or other dependents and any 1,465
moral obligation to support dependents to whom the person is 1,466
providing or has in fact provided support.
The reimbursement coordinator or another appointed person 1,468
may investigate the financial status of the confined person and 1,469
obtain information necessary to investigate that status, by means 1,470
that may include contacting employers and reviewing income tax 1,471
records. The coordinator may work with the confined person to 1,472
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,473
shall be presented with a billing statement. 1,474
The reimbursement coordinator or another appointed person 1,476
may collect, or the legislative authority of the municipal 1,477
corporation may enter into a contract with one or more public 1,478
agencies or private vendors to collect, any amounts remaining 1,479
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,480
other attorney for the municipal corporation may file a civil 1,481
action to seek reimbursement from that person for any billing 1,482
amount that remains unpaid. The municipal corporation shall not 1,483
enforce any judgment obtained under this section by means of 1,484
execution against the person's homestead. For purposes of this 1,485
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,486
under this section shall be credited to the general fund of the 1,487
40
municipal corporation that bore the expense, to be used for 1,488
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,490
section or section 2929.18 or 2929.223 of the Revised Code, the 1,491
legislative authority of the municipal corporation may establish 1,492
a policy that requires any person who is not indigent and who is 1,493
confined in a prison or station house to pay a reasonable fee for 1,494
any medical treatment or service requested by and provided to 1,495
that person. This fee shall not exceed the actual cost of the
treatment or service provided. No person confined to a prison or 1,496
station house who is indigent shall be required to pay those 1,497
fees, and no person confined to a prison or station house shall 1,498
be denied any necessary medical care because of inability to pay 1,499
those fees.
Upon provision of the requested medical treatment or 1,501
service, payment of the required fee may be automatically 1,502
deducted from a person's account record in the prison or station 1,503
house's business office. If the person has no funds in the 1,504
person's account, a deduction may be made at a later date during
the person's confinement in the prison or station house if funds 1,505
later become available in the person's account. If the person is 1,506
released from the prison or station house and has an unpaid 1,507
balance of these fees, the legislative authority may bill the 1,508
person for payment of the remaining unpaid fees. Fees received 1,509
for medical treatment or services shall be paid into the
commissary fund, if one has been created for the prison or 1,510
station house, or if no such fund exists, into the municipal 1,511
treasury.
(2) If a person confined to a prison or station house is 1,513
required under division (B) or (C) of this section or section 1,514
2929.18 or 2929.223 of the Revised Code to reimburse the 1,515
municipal corporation for expenses incurred by reason of the 1,516
person's confinement to the prison or station house, any fees
paid by the person under division (D)(1) of this section shall be 1,517
41
deducted from the expenses required to be reimbursed under 1,518
division (B) or (C) of this section or section 2929.18 or 1,519
2929.223 of the Revised Code.
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,521
GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT IN A 1,522
PRISON OR STATION HOUSE AS DESCRIBED IN DIVISION (A) OF THIS 1,523
SECTION, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND 1,524
WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN 1,525
RELEASED ON BAIL IS CONFINED IN A PRISON OR STATION HOUSE AS
DESCRIBED IN DIVISION (A) OF THIS SECTION PENDING TRIAL, AT THE 1,527
TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 1,529
OPERATION OF THE PRISON OR STATION HOUSE DETERMINES TO BE 1,530
APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE PRISON 1,531
OR STATION HOUSE MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER TO
BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND OTHER 1,533
CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE OPERATION OF 1,534
THE PRISON OR STATION HOUSE MAY CAUSE A CONVICTED OR ACCUSED 1,535
OFFENDER IN THE PRISON OR STATION HOUSE WHO REFUSES TO BE TESTED 1,536
OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS 1,537
DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 1,538
Sec. 753.04. (A) When a person over sixteen years of age 1,549
is convicted of an offense under the law of this state or an 1,550
ordinance of a municipal corporation, and the tribunal before 1,551
which the conviction is had is authorized by law to commit the 1,552
offender to the county jail or municipal corporation prison, the 1,553
court, mayor, or judge of the county court, as the case may be, 1,554
may sentence the offender to a workhouse. 1,555
When a commitment is made from a municipal corporation or 1,557
township in the county, other than in a municipal corporation 1,558
having a workhouse, the legislative authority of the municipal 1,559
corporation or the board of township trustees shall transmit with 1,560
the mittimus a sum of money equal to not less than seventy cents 1,561
per day for the time of the commitment, to be placed in the hands 1,562
of the superintendent of a workhouse for the care and maintenance 1,563
42
of the prisoner. 1,564
(B)(1) The legislative authority of the municipal 1,566
corporation or the board of township trustees may require a 1,567
person who is convicted of an offense and who is confined in a 1,569
workhouse as provided in division (A) of this section, to 1,570
reimburse the municipal corporation or the township, as the case 1,571
may be, for its expenses incurred by reason of the person's 1,572
confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical care, 1,574
personal hygiene products, including, but not limited to,
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,575
two hours of overtime costs the sheriff or municipal corporation 1,576
incurred relating to the trial of the person. The amount of 1,577
reimbursement may be the actual cost of the prisoner's 1,578
confinement plus the authorized trial overtime costs or a lesser 1,579
amount determined by the legislative authority of the municipal 1,580
corporation or board of township trustees, provided that the 1,581
lesser amount shall be determined by a formula that is uniformly 1,582
applied to persons incarcerated in the workhouse. The amount of 1,583
reimbursement shall be determined by a court at a hearing held 1,584
pursuant to section 2929.18 of the Revised Code if the prisoner 1,585
person is confined for a felony or section 2929.223 of the 1,587
Revised Code if the prisoner person is confined for a
misdemeanor. The a confined for a misdemeanor amount or amounts 1,589
paid in reimbursement by a prisoner PERSON confined for a 1,590
misdemeanor or the amount recovered from a prisoner PERSON 1,591
confined for a misdemeanor by executing upon the judgment 1,593
obtained pursuant to section 2929.223 of the Revised Code shall 1,594
be paid into the treasury of the municipal corporation or 1,595
township that incurred the expenses. If a prisoner person is 1,596
confined for a felony and the court imposes a sanction under 1,597
section 2929.18 of the Revised Code that requires the prisoner 1,598
person to reimburse the costs of confinement, the city director 1,600
of law, village solicitor, or other chief legal officer shall 1,601
43
bring an action to recover the expenses of confinement the IN
ACCORDANCE WITH SECTION 2929.18 of the Revised Code. 1,602
(2) The legislative authority of a municipal corporation 1,604
or the board of township trustees may adopt an ordinance or 1,605
resolution specifying that a person who is convicted of a felony 1,606
and who is confined in a workhouse as provided in division (A) of 1,607
this section is not required to reimburse the municipal 1,608
corporation or the township, as the case may be, for its expenses 1,609
incurred by reason of the person's confinement, including the 1,610
expenses listed in division (B)(1) of this section. If the 1,611
legislative authority or board adopts a resolution of that 1,612
nature, the legislative authority or board shall provide a copy 1,613
to the court of common pleas of the county, and the court that 1,614
sentences a person convicted of a felony shall not impose a 1,615
sanction under section 2929.18 of the Revised Code that requires 1,616
the person to reimburse the costs of the confinement. 1,617
(C) In lieu of requiring offenders to reimburse the 1,619
political subdivision for expenses incurred by reason of the 1,620
person's confinement in a municipal workhouse under division (B) 1,621
of this section or under division (C) of section 753.16 of the 1,622
Revised Code, the legislative authority of the municipal
corporation may adopt a prisoner reimbursement policy for the 1,623
workhouse under this division. A reimbursement coordinator may 1,624
be appointed to administer the prisoner reimbursement policy. A 1,625
prisoner reimbursement policy adopted under this division is a 1,626
policy that requires a person confined to the municipal workhouse 1,627
to reimburse any expenses it incurs by reason of the person's 1,628
confinement in the workhouse, which expenses may include, but are
not limited to, the following: 1,629
(1) A per diem fee for room and board of not more than 1,631
sixty dollars per day or the actual per diem cost, whichever is 1,632
less, for the entire period of time the person is confined to the 1,633
workhouse;
(2) Actual charges for medical and dental treatment; 1,635
44
(3) Reimbursement for municipal property damaged by the 1,637
person while confined to the workhouse. 1,638
Rates charged shall be on a sliding scale determined by the 1,640
legislative authority of the municipal corporation based on the 1,641
ability of the person confined to the workhouse to pay and on 1,642
consideration of any legal obligation of the person to support a 1,643
spouse, minor children, or other dependents and any moral 1,644
obligation to support dependents to whom the person is providing
or has in fact provided support. 1,645
The reimbursement coordinator or another workhouse employee 1,647
may investigate the financial status of the confined person and 1,648
obtain information necessary to investigate that status, by means 1,649
that may include contacting employers and reviewing income tax 1,650
records. The coordinator may work with the confined person to 1,651
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,652
shall be presented with a billing statement. 1,653
The reimbursement coordinator or another workhouse employee 1,655
may collect, or the legislative authority of the municipal 1,656
corporation may enter into a contract with one or more public 1,657
agencies or private vendors to collect, any amounts remaining 1,658
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,659
other attorney for the municipal corporation may file a civil 1,660
action to seek reimbursement from that person for any billing 1,661
amount that remains unpaid. The municipal corporation shall not 1,662
enforce any judgment obtained under this section by means of 1,663
execution against the person's homestead. For purposes of this 1,664
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,665
under this section shall be credited to the general fund of the 1,666
political subdivision that bore the expense, to be used for 1,667
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,669
45
section or section 2929.18 or 2929.223 of the Revised Code, the 1,670
legislative authority of the municipal corporation or board of 1,671
township trustees may establish a policy that requires any person 1,672
who is not indigent and who is confined in the workhouse under 1,673
division (A) of this section to pay a reasonable fee for any
medical treatment or service requested by and provided to that 1,674
person. This fee shall not exceed the actual cost of the 1,675
treatment or service provided. No person confined to a workhouse 1,676
who is indigent shall be required to pay those fees, and no 1,677
person confined to a workhouse shall be denied any necessary 1,678
medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or 1,680
service, payment of the required fee may be automatically 1,681
deducted from a person's account record in the workhouse's 1,682
business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the 1,683
person's confinement in the center if funds later become 1,684
available in the person's account. If the person is released 1,685
from the workhouse and has an unpaid balance of these fees, the 1,686
legislative authority or board of township trustees may bill the 1,687
person for payment of the remaining unpaid fees. Fees received
for medical treatment or services shall be paid into the 1,688
commissary fund, if one has been created for the workhouse, or if 1,689
no such fund exists, into the treasury of the municipal 1,690
corporation or township.
(2) If a person confined to a workhouse under division (A) 1,692
of this section is required under division (B) of this section or 1,693
section 2929.18 or 2929.223 of the Revised Code to reimburse 1,694
medical expenses incurred by reason of the person's confinement 1,695
to the workhouse, any fees paid by the person under division 1,696
(C)(D)(1) of this section shall be deducted from the expenses 1,697
required to be reimbursed under division (B) of this section or 1,698
section 2929.18 or 2929.223 of the Revised Code. 1,699
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,701
46
GUILTY TO AN OFFENSE IS INCARCERATED IN A WORKHOUSE OR IF A 1,702
PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS NOT BEEN 1,703
DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL 1,704
IS CONFINED IN A WORKHOUSE PENDING TRIAL, AT THE TIME OF 1,705
RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 1,707
OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE 1,708
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE 1,709
CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR 1,711
TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES. THE 1,712
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A 1,713
CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE 1,714
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER 1,716
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 1,717
Sec. 753.16. (A) Any city or district having a workhouse 1,727
may receive as inmates of the workhouse persons sentenced or 1,728
committed to it from counties other than the one in which the 1,729
workhouse is situated, upon such terms and during such length of 1,730
time as agreed upon by the boards of county commissioners of such 1,731
counties, or by the legislative authority of a municipal 1,732
corporation in such counties and the legislative authority of the 1,733
city, or the board of the district workhouse, or other authority 1,734
having the management and control of the workhouse. Prisoners so 1,735
received shall in all respects be and remain under the control of 1,736
such authority, and subject to the rules and discipline of the 1,737
workhouse the same as other prisoners detained there. 1,738
(B) Prior to the acceptance for housing into a jail or 1,740
workhouse of persons who are designated by the department of 1,741
rehabilitation and correction, who plead guilty to or are 1,742
convicted of a felony of the fourth or fifth degree, and who 1,743
satisfy the other requirements listed in section 5120.161 of the 1,744
Revised Code, the legislative authority of a municipal
corporation having a jail or workhouse, or the joint board 1,745
managing and controlling a workhouse for the joint use of a 1,746
municipal corporation and a county shall enter into an agreement 1,747
47
with the department of rehabilitation and correction under 1,748
section 5120.161 of the Revised Code for the housing in the jail 1,749
or workhouse of persons who are designated by the department, who 1,750
plead guilty to or are convicted of a felony of the fourth or 1,751
fifth degree, and who satisfy the other requirements listed in 1,752
that section, in exchange for a per diem fee per person. Persons 1,753
incarcerated in the jail or workhouse pursuant to such an 1,754
agreement shall be subject to supervision and control in the 1,755
manner described in section 5120.161 of the Revised Code. This 1,756
division does not affect the authority of a court to directly 1,757
sentence a person who is convicted of or pleads guilty to a 1,758
felony to the jail or workhouse in accordance with section
2929.16 of the Revised Code. 1,759
(C)(1) The board of county commissioners, the legislative 1,761
authority of the municipal corporation, or the board or other 1,762
managing authority of the district workhouse may require a person 1,763
who was convicted of an offense and who is confined in the 1,765
workhouse as provided in division (A) of this section, to 1,766
reimburse the county, municipal corporation, or district, as the 1,767
case may be, for its expenses incurred by reason of the person's 1,768
confinement, including, but not limited to, the expenses relating 1,769
to the provision of food, clothing, shelter, medical care, 1,770
personal hygiene products, including, but not limited to, 1,771
toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation 1,772
incurred relating to the trial of the person. The amount of 1,774
reimbursement may be the actual cost of the prisoner's PERSON'S 1,775
confinement plus the authorized trial overtime costs or a lesser 1,776
amount determined by the board of county commissioners for the 1,778
county, the legislative authority of the municipal corporation,
or the board or other managing authority of the district 1,779
workhouse, provided that the lesser amount shall be determined by 1,780
a formula that is uniformly applied to persons incarcerated in 1,781
the workhouse. The amount of reimbursement shall be determined 1,782
48
by a court at a hearing held pursuant to section 2929.18 of the
Revised Code if the prisoner person is confined for a felony or 1,783
section 2929.223 of the Revised Code if the prisoner person is 1,785
confined for a misdemeanor. The a confined for a misdemeanor or 1,786
municipal chief legal officer amount or amounts paid in 1,788
reimbursement by a prisoner PERSON confined for a misdemeanor or 1,789
the amount recovered from a prisoner PERSON confined for a 1,790
misdemeanor by executing upon the judgment obtained pursuant to 1,792
section 2929.223 of the Revised Code shall be paid into the 1,793
treasury of the county, municipal corporation, or district that 1,794
incurred the expenses. If a prisoner person is confined for a 1,795
felony and the court imposes a sanction under section 2929.18 of
the Revised Code that requires the prisoner person to reimburse 1,796
the costs of confinement, the prosecuting attorney or municipal 1,798
chief legal officer shall bring an action to recover the expenses 1,799
of confinement the IN ACCORDANCE WITH SECTION 2929.18 of the 1,800
Revised Code.
(2) The board of county commissioners, the legislative 1,802
authority of the municipal corporation, or the board or other 1,803
managing authority of the district workhouse may adopt a 1,804
resolution or ordinance specifying that a person who is convicted 1,805
of a felony and who is confined in the workhouse as provided in 1,806
division (A) of this section is not required to reimburse the 1,807
county, municipal corporation, or district, as the case may be, 1,808
for its expenses incurred by reason of the person's confinement,
including the expenses listed in division (C)(1) of this section. 1,810
If the board, legislative authority, or managing authority adopts 1,811
a resolution of that nature, the board, legislative authority, or 1,812
managing authority shall provide a copy to the court of common 1,813
pleas of the county, and the court that sentences a person 1,814
convicted of a felony shall not impose a sanction under section 1,815
2929.18 of the Revised Code that requires the person to reimburse 1,816
the costs of the confinement. 1,817
(D)(1) Notwithstanding any contrary provision in this 1,819
49
section or section 2929.223 of the Revised Code, the board of 1,820
county commissioners, the legislative authority of a municipal 1,821
corporation, or the board or other managing authority of the 1,822
district workhouse may establish a policy that requires any 1,823
person who is not indigent and who is confined in the jail or
workhouse under division (A) or (B) of this section to pay a 1,824
reasonable fee for any medical treatment or service requested by 1,825
and provided to that person. This fee shall not exceed the 1,826
actual cost of the treatment or service provided. No person who 1,827
is indigent shall be required to pay those fees, and no person 1,828
shall be denied any necessary medical care because of inability
to pay those fees. 1,829
Upon provision of the requested medical treatment or 1,831
service, payment of the required fee may be automatically 1,832
deducted from a person's account record in the jail or 1,833
workhouse's business office. If the person has no funds in the
person's account, a deduction may be made at a later date during 1,834
the person's confinement in the jail or workhouse if funds later 1,835
become available in that person's account. If the person is 1,836
released from the jail or workhouse and has an unpaid balance of 1,837
these fees, the board of county commissioners, the legislative 1,838
authority of the municipal corporation, or the board or other 1,839
managing authority of the district workhouse may bill the person 1,840
for payment of the remaining unpaid fees. Fees received for
medical treatment or services shall be paid into the commissary 1,841
fund, if one has been created for the workhouse, or if no such 1,842
fund exists, into the treasury of each applicable political 1,843
subdivision.
(2) If a person confined to a jail or workhouse is 1,845
required under division (C) of this section or section 2929.18 or 1,846
2929.223 of the Revised Code to reimburse medical expenses 1,847
incurred by reason of the person's confinement to the jail or 1,848
workhouse, any fees paid by the person under division (D)(1) of 1,849
this section shall be deducted from the expenses required to be 1,850
50
reimbursed under division (C) of this section or section 2929.18
or 2929.223 of the Revised Code. 1,851
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,853
GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN 1,854
DIVISION (A) OF THIS SECTION OR IS INCARCERATED IN THE WORKHOUSE 1,855
IN THE MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, OR IF A 1,856
PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN 1,857
DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL 1,858
IS CONFINED IN THE WORKHOUSE PENDING TRIAL, AT THE TIME OF 1,859
RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 1,861
OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE 1,862
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE 1,863
CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR 1,865
TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES. THE 1,866
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A 1,867
CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE 1,868
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER 1,870
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 1,871
Sec. 753.21. (A) As used in this section, "building or 1,881
structure" includes, but is not limited to, a modular unit, 1,882
building, or structure and a movable unit, building, or 1,883
structure. 1,884
(B)(1) The legislative authority of a municipal 1,886
corporation, by ordinance, may dedicate and permit the use, as a 1,887
minimum security jail, of any vacant or abandoned public building 1,889
or structure owned by the municipal corporation that has not been 1,890
dedicated to or is not then in use for any municipal or other 1,891
public purpose, or any building or structure rented or leased by 1,892
the municipal corporation. The legislative authority of a 1,893
municipal corporation, by ordinance, also may dedicate and permit 1,894
the use, as a minimum security jail, of any building or structure 1,895
purchased by or constructed by or for the municipal corporation. 1,896
Subject to divisions (B)(3) and (C) of this section, upon the 1,897
effective date of such an ordinance, the specified building or 1,898
51
structure shall be used, in accordance with this section, for the 1,899
confinement of persons who meet one of the following conditions: 1,900
(a) The person is sentenced to a term of imprisonment for 1,902
a traffic violation, a misdemeanor that is not an offense of 1,903
violence, or a violation of a municipal ordinance that is not an 1,905
offense of violence and the person is under the jurisdiction of 1,907
the municipal corporation, or the person is sentenced to a term 1,909
RESIDENTIAL SANCTION in the jail for a felony of the fourth or 1,910
fifth degree that is not an offense of violence; PURSUANT TO 1,912
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL 1,914
ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED
THE PERSON AS A MINIMAL SECURITY RISK. IN DETERMINING THE 1,915
PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR 1,916
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT 1,917
LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR 1,918
ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND 1,919
CURRENT BEHAVIOR.
(b) The person is an inmate transferred by order of a 1,921
judge of the sentencing court upon the request of the sheriff, 1,922
administrator, jailer, or other person responsible for operating 1,923
the jail other than a contractor as defined in division (H) of 1,924
section 9.06 of the Revised Code, who is named in the request as 1,925
being suitable for confinement in a minimum security facility and 1,926
for the confinement of persons convicted of a felony who are and 1,928
sentenced to a residential sanction in the minimum security
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,929
Revised Code. 1,930
(2) The legislative authority of a municipal corporation, 1,932
by ordinance, may affiliate with the county in which it is 1,933
located, with one or more counties adjacent to the county in 1,934
which it is located, or with one or more municipal corporations 1,935
located within the county in which it is located or within an 1,936
adjacent county, and dedicate and permit the use, as a minimum 1,937
security jail, of any vacant or abandoned public building or 1,939
52
structure owned by any of the affiliating counties or municipal 1,940
corporations that has not been dedicated to or is not then in use 1,941
for any public purpose, or any building or structure rented or 1,942
leased by any of the affiliating counties or municipal
corporations. The legislative authority of a municipal 1,943
corporation, by ordinance, also may affiliate with one or more 1,944
counties adjacent to the county in which it is located or with 1,945
one or more municipal corporations located within the county in 1,946
which it is located or within an adjacent county and dedicate and 1,947
permit the use, as a minimum security jail, of any building or 1,949
structure purchased by or constructed by or for any of the 1,950
affiliating counties or municipal corporations. Any counties and 1,951
municipal corporations that affiliate for purposes of this 1,952
division shall enter into an agreement that establishes the 1,953
responsibilities for the operation and for the cost of operation 1,954
of the minimum security jail. Subject to divisions (B)(3) and 1,955
(C) of this section, upon the effective date of an ordinance 1,956
adopted under this division, the specified building or structure 1,957
shall be used, in accordance with this section, for the 1,958
confinement of persons who meet one of the following conditions: 1,959
(a) The person is sentenced to a term of imprisonment for 1,961
a traffic violation, a misdemeanor that is not an offense of 1,963
violence, or A VIOLATION OF an ordinance of a municipal 1,965
corporation that is not an offense of violence and the person is 1,966
under the jurisdiction of any of the affiliating counties or 1,967
municipal corporations, or the person is sentenced to a term 1,968
RESIDENTIAL SANCTION in the jail for a felony of the fourth or 1,970
fifth degree that is not an offense of violence; PURSUANT TO 1,972
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL 1,974
ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED
THE PERSON AS A MINIMAL SECURITY RISK. IN DETERMINING THE 1,975
PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR 1,976
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT 1,977
LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR 1,978
53
ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND 1,979
CURRENT BEHAVIOR.
(b) The person is an inmate transferred by order of a 1,981
judge of the sentencing court upon the request of the sheriff, 1,982
administrator, jailer, or other person responsible for operating 1,983
the jail other than a contractor as defined in division (H) of 1,984
section 9.06 of the Revised Code, who is named in the request as 1,985
being suitable for confinement in a minimum security facility and 1,986
for the confinement of persons convicted of a felony who are 1,987
sentenced to a residential sanction in the minimum security 1,988
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,989
Revised Code. 1,990
(3) No person shall be confined in a building or structure 1,992
dedicated as a minimum security jail under division (B)(1) or (2) 1,994
of this section unless the judge who sentenced the person to the 1,995
term of imprisonment for the traffic violation or the misdemeanor 1,996
SPECIFIES THAT THE TERM OF IMPRISONMENT IS TO BE SERVED IN THAT
JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE 1,997
CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who 1,998
sentenced the person to the residential sanction for the felony 2,001
specifies that the term of imprisonment or the residential 2,002
sanction is to be served in that A jail, AND DIVISION (B)(1) OR 2,003
(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT 2,004
JAIL. If a rented or leased building or structure is so 2,006
dedicated, the building or structure may be used as a minimum 2,007
security jail only during the period that it is rented or leased 2,008
by the municipal corporation or by an affiliated county or 2,009
municipal corporation. If a person convicted of a misdemeanor is 2,010
confined to a building or structure dedicated as a minimum 2,012
security jail under division (B)(1) or (2) of this section and 2,013
the sheriff, administrator, jailer, or other person responsible 2,014
for operating the jail other than a contractor as defined in 2,016
division (H) of section 9.06 of the Revised Code determines that 2,017
it would be more appropriate for the person so confined to be 2,018
54
confined in another jail or workhouse facility, the sheriff, 2,019
administrator, jailer, or other person may transfer the person so 2,020
confined to a more appropriate jail or workhouse facility. 2,021
(C) All of the following apply in relation to a building 2,023
or structure that is dedicated pursuant to division (B)(1) or (2) 2,024
of this section for use as a minimum security jail: 2,025
(1) To the extent that the use of the building or 2,027
structure as a minimum security jail requires a variance from any 2,029
municipal corporation, county, or township zoning ordinances or 2,030
regulations, the variance shall be granted.
(2) Except as provided in this section, the building or 2,032
structure shall not be used to confine any person unless it is in 2,033
substantial compliance with any applicable housing, fire 2,034
prevention, sanitation, health, and safety codes, regulations, or 2,035
standards. 2,036
(3) Unless such satisfaction or compliance is required 2,038
under the standards described in division (C)(4) of this section, 2,039
and notwithstanding any other provision of state or local law to 2,040
the contrary, the building or structure need not satisfy or 2,041
comply with any state or local building standard or code in order 2,042
to be used to confine a person for the purposes specified in 2,043
division (B) of this section. 2,044
(4) The building or structure shall not be used to confine 2,046
any person unless it is in compliance with all minimum standards 2,047
and minimum renovation, modification, and construction criteria 2,048
for minimum security jails that have been proposed by the 2,050
department of rehabilitation and correction, through its bureau 2,051
of adult detention, under section 5120.10 of the Revised Code.
(5) The building or structure need not be renovated or 2,053
modified into a secure detention facility in order to be used 2,054
solely to confine a person for the purposes specified in 2,055
divisions (B)(1)(a) and (B)(2)(a) of this section. 2,056
(6) The building or structure shall be used, equipped, 2,058
furnished, and staffed to provide adequate and suitable living, 2,059
55
sleeping, food service or preparation, drinking, bathing and 2,060
toilet, sanitation, and other necessary facilities, furnishings, 2,061
and equipment. 2,062
(D) Except as provided in this section, a minimum security 2,064
jail dedicated and used under this section shall be considered to 2,066
be part of the jail, workhouse, or other correctional facilities 2,067
of the municipal corporation or the affiliated counties and 2,068
municipal corporations for all purposes under the law. All 2,069
persons confined in such a minimum security jail shall be and 2,070
shall remain, in all respects, under the control of the authority 2,071
of the municipal corporation that has responsibility for the 2,072
management and operation of the jail, workhouse, or other 2,073
correctional facilities of the municipal corporation or, if it is 2,074
operated by any affiliation of counties or municipal 2,075
corporations, under the control of the specified county or 2,076
municipal corporation with that authority, provided that, if the 2,077
person was convicted of a felony and is serving a residential
sanction in the facility, all provisions of law that pertain to 2,078
persons convicted of a felony that would not by their nature 2,079
clearly be inapplicable apply regarding the person. A minimum 2,081
security jail dedicated and used under this section shall be 2,082
managed and maintained in accordance with policies and procedures 2,083
adopted by the legislative authority of the municipal corporation 2,084
or the affiliated counties and municipal corporations governing 2,085
the safe and healthful operation of the jail, the confinement and 2,086
supervision of the persons sentenced to it, and their 2,087
participation in work release or similar rehabilitation programs. 2,088
In addition to other rules of conduct and discipline, the rights 2,089
of ingress and egress of persons confined in a minimum security 2,090
jail dedicated and used under this section shall be subject to 2,091
reasonable restrictions. Every person confined in a minimum 2,092
security jail dedicated and used under this section shall be 2,094
given verbal and written notification, at the time of the 2,095
person's admission to the jail, that purposely leaving, or
56
purposely failing to return to, the jail without proper authority 2,096
or permission constitutes the felony offense of escape. 2,097
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 2,099
GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A 2,100
RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN 2,101
DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON 2,103
IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A 2,104
JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b) 2,105
OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER 2,106
TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL 2,108
DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE 2,109
OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OFFENDER TO BE 2,110
EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND OTHER 2,111
CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE OPERATION OF 2,112
THE JAIL MAY CAUSE A CONVICTED OFFENDER IN THE JAIL WHO REFUSES 2,113
TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR 2,114
ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED 2,115
INVOLUNTARILY.
Sec. 2301.51. (A)(1) The court of common pleas of any 2,124
county that has a population of two hundred thousand or more may 2,125
formulate a community-based correctional proposal that, upon 2,126
implementation, would provide a community-based correctional 2,127
facility and program for the use of that court in accordance with 2,128
sections 2301.51 to 2301.56 of the Revised Code. Upon the 2,129
approval of the director of rehabilitation and correction, the 2,130
court of common pleas of any county that has a population of two 2,131
hundred thousand or more may formulate more than one 2,132
community-based correctional proposal. In determining whether to 2,133
grant approval to a court to formulate more than one proposal, 2,135
the director shall consider the rate at which the county served 2,136
by the court commits felony offenders to the state correctional 2,137
system. If a court formulates more than one proposal, each 2,138
proposal shall be for a separate community-based correctional 2,139
facility and program.
57
For each community-based correctional proposal formulated 2,141
under this division, the fact that the proposal has been 2,142
formulated and the fact of any subsequent establishment of a 2,143
community-based correctional facility and program pursuant to the 2,144
proposal shall be entered upon the journal of the court. A 2,145
county's community-based correctional facilities and programs 2,146
shall be administered by a judicial corrections board. The 2,147
presiding judge of the court shall designate the members of the 2,148
board, who shall be judges of the court. The total number of 2,149
members of the board shall not exceed eleven. The presiding 2,150
judge of the court shall serve as chairman of the board. 2,151
(2) The courts of common pleas of two or more adjoining or 2,153
neighboring counties that have an aggregate population of two 2,154
hundred thousand or more may form a judicial corrections board 2,155
and proceed to organize a district and formulate a district 2,156
community-based correctional proposal that, upon implementation, 2,157
would provide a district community-based correctional facility 2,158
and program for the use of the member courts in accordance with 2,159
sections 2301.51 to 2301.56 of the Revised Code. Upon the 2,160
approval of the director of rehabilitation and correction, a 2,161
judicial corrections board may formulate more than one district 2,162
community-based correctional proposal. In determining whether to 2,163
grant approval to a judicial corrections board to formulate more 2,165
than one proposal, the director shall consider the rate at which 2,166
the counties that formed the board commit felony offenders to the 2,167
state correctional system. If a judicial corrections board 2,168
formulates more than one proposal, each proposal shall be for a 2,169
separate district community-based correctional facility and 2,170
program. The judicial corrections board shall consist of not 2,171
more than eleven judges of the member courts of common pleas, and 2,172
each member court shall be represented on the board by at least 2,173
one judge. The presiding judge of the court of common pleas of 2,174
the county with the greatest population shall serve as chairman 2,175
CHAIRPERSON of the board. The fact of the formation of a board 2,177
58
and district, and, for each district community-based correctional 2,178
proposal formulated under this division, the fact that the 2,179
proposal has been formulated and the fact of any subsequent 2,180
establishment of a district community-based correctional facility 2,181
and program shall be entered upon the journal of each member 2,182
court of common pleas.
(B)(1) Each proposal for the establishment of a 2,184
community-based correctional facility and program or district 2,185
community-based correctional facility and program that is 2,186
formulated pursuant to division (A) of this section shall be 2,187
submitted by the judicial corrections board to the division of 2,188
parole and community services for its approval under section 2,189
5120.10 of the Revised Code.
(2) No person shall be sentenced to or placed in a 2,192
community-based correctional facility and program or to a 2,193
district community-based correctional facility and program by a 2,195
court pursuant to section 2929.16 or 2929.17 of the Revised Code, 2,197
OR by the parole board pursuant to section 2967.28 of the Revised 2,198
Code, or by the department of rehabilitation and correction 2,199
pursuant to section 2967.23 of the Revised Code, or otherwise 2,200
committed or admitted to a facility and program of that type 2,202
until after the proposal for the establishment of the facility 2,203
and program has been approved by the division of parole and 2,205
community services under section 5120.10 of the Revised Code. A 2,207
person shall be released by the department of rehabilitation and 2,210
correction to a facility and program of that type only in 2,212
accordance with section 2967.23 of the Revised Code, sentenced to 2,215
a facility and program of that type only pursuant to a sanction 2,217
imposed by a court pursuant to section 2929.16 or 2929.17 of the 2,219
Revised Code as the sentence or as any part of the sentence of 2,220
the person, or otherwise SHALL BE committed or referred to a 2,222
facility and program of that type only when authorized by law. 2,225
(C) Upon the approval by the division of parole and 2,227
community services of a proposal for the establishment of a 2,229
59
community-based correctional facility and program or district 2,230
community-based correctional facility and program submitted to it 2,231
under division (B) of this section, the judicial corrections 2,232
board that submitted the proposal may establish and operate the 2,233
facility and program addressed by the proposal in accordance with 2,234
the approved proposal, AND division (B)(2) of this section, and 2,235
section 2967.23 of the Revised Code. The judicial corrections 2,237
board may submit a request for funding of some or all of its 2,238
community-based correctional facilities and programs or district 2,239
community-based correctional facilities and programs to the board 2,240
of county commissioners of the county, if the judicial
corrections board serves a community-based correctional facility 2,241
and program, or to the boards of county commissioners of all of 2,242
the member counties, if the judicial corrections board serves a 2,243
district community-based correctional facility and program. The 2,244
board or boards may appropriate, but are not required to 2,245
appropriate, a sum of money for funding all aspects of each 2,246
facility and program as outlined in sections 2301.51 to 2301.56 2,247
of the Revised Code. The judicial corrections board has no 2,248
recourse against a board or boards of county commissioners, 2,249
either under Chapter 2731. of the Revised Code, under its 2,250
contempt power, or under any other authority, if the board or 2,251
boards of county commissioners do not appropriate money for 2,252
funding any facility or program or if they appropriate money for 2,253
funding a facility and program in an amount less than the total 2,254
amount of the submitted request for funding. 2,255
(D)(1) If a court of common pleas that is being served by 2,257
any community-based correctional facility and program established 2,258
pursuant to division (C) of this section determines that it no 2,259
longer wants to be served by the facility and program, the court 2,260
may dissolve the facility and program by entering upon the 2,261
journal of the court the fact of the determination to dissolve 2,262
the facility and program and by notifying, in writing, the 2,263
division of parole and community services of the determination to 2,265
60
dissolve the facility and program. If the court is served by 2,266
more than one community-based correctional facility and program, 2,267
it may dissolve some or all of the facilities and programs and, 2,268
if it does not dissolve all of the facilities and programs, it 2,269
shall continue the operation of the remaining facilities and 2,270
programs.
(2) If all of the courts of common pleas being served by 2,272
any district community-based correctional facility and program 2,273
established pursuant to division (C) of this section determine 2,274
that they no longer want to be served by the facility and 2,275
program, the courts may dissolve the facility and program by 2,276
entering upon the journal of each court the fact of the 2,277
determination to dissolve the facility and program and by the 2,278
presiding judge of the court of common pleas of the county with 2,279
the greatest population notifying, in writing, the division of 2,281
parole and community services of the determination to dissolve 2,282
the facility and program. If the courts are served by more than 2,283
one community-based correctional facility and program, they may 2,284
dissolve some or all of the facilities and programs and, if they 2,285
do not dissolve all of the facilities and programs, they shall 2,286
continue the operation of the remaining facilities and programs. 2,287
(3) If at least one, but not all, of the courts of common 2,289
pleas being served by one or more district community-based 2,290
correctional facilities and programs established pursuant to 2,291
division (C) of this section determines that it no longer wants 2,292
to be served by the facilities and programs, the court may 2,293
terminate its involvement with each of the facilities and 2,294
programs by entering upon the journal of the court the fact of 2,295
the determination to terminate its involvement with the 2,296
facilities and programs and by the court notifying, in writing, 2,297
the division of parole and community services of the 2,298
determination to terminate its involvement with the facilities 2,300
and programs.
If at least one, but not all, of the courts of common pleas 2,302
61
being served by one or more district community-based correctional 2,303
facilities and programs terminates its involvement with each of 2,304
the facilities and programs in accordance with this division, the 2,305
other courts of common pleas being served by the facilities and 2,306
programs may continue to be served by each of the facilities and 2,307
programs if the other counties are adjoining or neighboring 2,308
counties and have an aggregate population of two hundred thousand 2,309
or more.
(E) Nothing in this section, sections 2301.52 to 2301.56, 2,311
or section 2967.23, 5120.10, 5120.111, or 5120.122 of the Revised 2,313
Code modifies or affects or shall be interpreted as modifying or 2,314
affecting sections 5149.30 to 5149.37 of the Revised Code. 2,315
Sec. 2301.52. Each proposal for a community-based 2,324
correctional facility and program or a district community-based 2,325
correctional facility and program shall provide for or contain at 2,326
least the following: 2,327
(A) The designation of a physical facility that will be 2,329
used for the confinement of persons released to the facility and 2,330
program by the department of rehabilitation and correction under 2,332
section 2967.23 of the Revised Code, sentenced to the facility 2,334
and program by a court pursuant to section 2929.16 or 2929.17 of
the Revised Code, or PERSONS otherwise committed or admitted 2,336
pursuant to law to the facility and program. The designate 2,338
facility shall satisfy all of the following:
(1) Be a secure facility that contains lockups and other 2,340
measures sufficient to ensure the safety of the surrounding 2,341
community; 2,342
(2) Provide living space and accommodations that are 2,344
suitable and adequate for the housing upon release, sentencing, 2,346
or other commitment or admission of the following number of 2,347
persons:
(a) For a facility that became operational prior to July 2,349
1, 1993, at least twenty, but not more than two hundred, persons; 2,350
(b) For a facility that becomes operational on or after 2,352
62
July 1, 1993, at least fifty, but not more than two hundred, 2,353
persons. 2,354
(3) Be constructed or modified, and maintained and 2,356
operated, so that it complies with the rules adopted pursuant to 2,358
Chapter 119. of the Revised Code by the division of parole and 2,359
community services in the department of rehabilitation and
correction for community-based correctional facilities and 2,362
programs and district community-based correctional facilities and 2,363
programs.
(B) The designation of a general treatment program that 2,365
will be applied individually to each person released to the 2,366
facility and program by the department of rehabilitation and 2,367
correction under section 2967.23 of the Revised Code, sentenced 2,368
to the facility and program by a court pursuant to section 2,370
2929.16 or 2929.17 of the Revised Code, or otherwise committed or 2,372
admitted pursuant to law to the facility and program. The 2,373
designated general treatment program shall not be limited to, but
at a minimum shall include, provisions to ensure that: 2,374
(1) Each person released by the department, sentenced by a 2,377
court, or otherwise committed or admitted to a facility is 2,378
provided an orientation period of at least thirty days, during 2,379
which period the person is not permitted to leave the facility 2,380
and is evaluated in relation to the person's placement in 2,381
rehabilitative programs; 2,382
(2) Each person released by the department, sentenced by a 2,385
court, or otherwise committed or admitted to a facility is placed 2,386
in a release program whereby the person will be released 2,387
temporarily for the purpose of employment in a manner consistent 2,389
with the applicable work-release program established under 2,390
section 5147.28 of the Revised Code, for vocational training, or 2,391
for other educational or rehabilitative programs; 2,392
(3) All suitable community resources that are available 2,394
are utilized in the treatment of each person released by the 2,395
department, sentenced by a court, or otherwise committed or 2,398
63
admitted to the facility.
(C) Provisions to ensure that the facility and program 2,400
will be staffed and operated by persons who satisfy the minimum 2,401
educational and experience requirements that are prescribed by 2,402
rule by the department of rehabilitation and correction; 2,403
(D) Provisions for an intake officer to screen each felony 2,405
offender who is sentenced by the court or courts that the 2,406
facility and program serve and to make recommendations to the 2,407
sentencing court concerning the admission or referral of each 2,408
felony offender to the facility and program within fourteen days 2,409
after notification of sentencing; 2,410
(E) Written screening standards that are to be used by an 2,412
intake officer in screening an offender under the provisions 2,413
described in division (D) of this section and that at a minimum 2,415
include provisions to ensure that the intake officer will not 2,416
make a recommendation to a sentencing court in support of the 2,418
sentencing of a person to the facility and program if the person 2,419
is ineligible for placement in the facility and program under 2,420
rules adopted by the facility's and program's judicial 2,421
corrections board. 2,422
(F) A statement that a good faith effort will be made to 2,424
ensure that the persons who staff and operate the facility and 2,425
program proportionately represent the racial, ethnic, and 2,426
cultural diversity of the persons released, sentenced, or 2,428
otherwise committed or admitted to the facility and program; 2,429
(G) A statement indicating that the facility's and 2,431
program's judicial corrections board, in its discretion, may 2,433
approve the department of rehabilitation and correction's release 2,434
to the facility and program of a prisoner serving a definite 2,435
sentence pursuant to section 2967.23 of the Revised Code. 2,436
Sec. 2301.55. (A) If a judicial corrections board 2,445
establishes one or more community-based correctional facilities 2,446
and programs or district community-based correctional facilities 2,447
and programs, all of the following apply, for each facility and 2,448
64
program so established: 2,449
(1) The judicial corrections board shall appoint and fix 2,451
the compensation of the director of the facility and program and 2,452
other professional, technical, and clerical employees who are 2,453
necessary to properly maintain and operate the facility and 2,454
program. 2,455
The director, under the supervision of the judicial 2,457
corrections board and subject to the rules of the judicial 2,458
corrections board that are prescribed under division (B) of this 2,459
section, shall control, manage, operate, and have general charge 2,460
of the facility and program, and shall have the custody of its 2,461
property, files, and records. 2,462
(2) The judicial corrections board may enter into 2,464
contracts with the board of county commissioners of the county in 2,465
which the facility and program is located or, in the case of a 2,466
district facility and program, with the county commissioners of 2,467
any county included in the district, whereby the county is to 2,468
provide buildings, goods, and services to the facility and 2,469
program. 2,470
(3) The judicial corrections board shall adopt rules for 2,472
the sentencing or other commitment or admission pursuant to law 2,474
of persons to, and the operation of, the facility and program. 2,475
The rules shall provide procedures that conform to sections 2,476
2301.51 to 2301.56, 2967.23, 5120.10, 5120.111, and 5120.112 of 2,478
the Revised Code. The rules adopted under this division shall be 2,479
entered upon the journal of the court of each member court of a 2,480
district. 2,481
(B) A judicial corrections board that establishes one or 2,483
more community-based correctional facilities and programs or 2,484
district community-based correctional facilities and programs may 2,485
accept any gift, donation, devise, or bequest of real or personal 2,486
property made to it by any person, or any grant or appropriation 2,487
made to it by any federal, state, or local governmental unit or 2,488
agency, and use the gift, donation, devise, bequest, grant, or 2,489
65
appropriation in any manner that is consistent with any 2,490
conditions of the gift, donation, devise, bequest, grant, or 2,491
appropriation and that it considers to be in the interests of the 2,492
facility and program. The judicial corrections board may sell, 2,493
lease, convey, or otherwise transfer any real or personal 2,494
property that it accepts pursuant to this division following the 2,495
procedures specified in sections 307.09, 307.10, and 307.12 of 2,496
the Revised Code. 2,497
(C) A judicial corrections board that establishes one or 2,499
more community-based correctional facilities and programs or 2,500
district community-based correctional facilities and programs 2,501
shall provide the citizens advisory board of the facilities and 2,502
programs with the staff assistance that the citizens advisory 2,503
board requires to perform the duties imposed by section 2301.54 2,504
of the Revised Code. 2,505
Sec. 2301.56. (A) A judicial corrections board that 2,515
proposes or establishes one or more community-based correctional 2,516
facilities and programs or district community-based correctional 2,517
facilities and programs may apply to the division of parole and 2,518
community services for state financial assistance for the cost of 2,519
renovation, maintenance, and operation of any of the facilities 2,520
and programs. If the judicial corrections board has proposed or 2,521
established more than one facility and program and if it desires 2,522
state financial assistance for more than one of the facilities 2,523
and programs, the board shall submit a separate application for 2,524
each facility and program for which it desires the financial 2,525
assistance. 2,526
An application for state financial assistance under this 2,528
section may be made when the judicial corrections board submits 2,529
for the approval of the section its proposal for the 2,530
establishment of the facility and program in question to the 2,531
division of parole and community services under division (B) of 2,532
section 2301.51 of the Revised Code, or at any time after the 2,533
section has approved the proposal. All applications for state 2,534
66
financial assistance for proposed or approved facilities and 2,535
programs shall be made on forms that are prescribed and furnished 2,536
by the department of rehabilitation and correction, and in 2,537
accordance with section 5120.112 of the Revised Code. 2,538
The judicial corrections board may submit a request for 2,540
funding of some or all of its community-based correctional 2,541
facilities and programs or district community-based correctional 2,542
facilities and programs to the board of county commissioners of 2,543
the county, if the judicial corrections board serves a 2,544
community-based correctional facility and program, or to the 2,545
boards of county commissioners of all of the member counties, if 2,546
the judicial corrections board serves a district community-based 2,547
correctional facility and program. The board or boards may 2,548
appropriate, but are not required to appropriate, a sum of money 2,549
for funding all aspects of each facility and program as outlined 2,550
in sections 2301.51 to 2301.56 of the Revised Code. The judicial 2,551
corrections board has no recourse against a board or boards of 2,552
county commissioners, either under Chapter 2731. of the Revised 2,553
Code, under its contempt power, or under any other authority, if 2,554
the board or boards of county commissioners do not appropriate 2,555
money for funding any facility or program or if they appropriate 2,556
money for funding a facility and program in an amount less than 2,557
the total amount of the submitted request for funding. 2,558
(B)(1) A board of county commissioners may require a 2,560
person who was convicted of an offense and who is confined in a 2,562
community-based correctional facility or district community-based 2,563
correctional facility as provided in sections 2301.51 to 2301.56 2,564
of the Revised Code, to reimburse the county for its expenses 2,565
incurred by reason of the person's confinement, including, but 2,566
not limited to, the expenses relating to the provision of food, 2,567
clothing, shelter, medical care, personal hygiene products, 2,568
including, but not limited to, toothpaste, toothbrushes, and 2,569
feminine hygiene items, and up to two hours of overtime costs the 2,570
sheriff or municipal corporation incurred relating to the trial
67
of the person. The amount of reimbursement may be the actual 2,572
cost of the prisoner's PERSON'S confinement plus the authorized 2,574
trial overtime costs or a lesser amount determined by the board
of county commissioners for the county, provided that the lesser 2,575
amount shall be determined by a formula that is uniformly applied 2,577
to persons incarcerated in the facility. The amount of
reimbursement shall be determined by a court at a hearing held 2,578
pursuant to section 2929.18 of the Revised Code if the prisoner 2,579
person is confined for a felony or section 2929.223 of the 2,581
Revised Code if the prisoner PERSON is confined for a 2,582
misdemeanor. The a confined for a misdemeanor amount or amounts 2,583
paid in reimbursement by a prisoner person confined for a 2,584
misdemeanor or the amount recovered from a prisoner PERSON 2,585
confined for a misdemeanor by executing upon the judgment 2,586
obtained pursuant to section 2929.223 of the Revised Code shall 2,587
be paid into the treasury of the county that incurred the 2,588
expenses. If a prisoner person is confined for a felony and the 2,590
court imposes a sanction under section 2929.18 of the Revised
Code that requires the prisoner person to reimburse the costs of 2,591
confinement, the prosecuting attorney shall bring an action to 2,593
recover the expenses of confinement IN ACCORDANCE WITH SECTION 2,594
2929.18 of the Revised Code.
(2) A board of county commissioners may adopt a resolution 2,596
specifying that a person who is convicted of a felony and who is 2,597
confined in a community-based correctional facility or district 2,598
community-based correctional facility as provided in sections 2,599
2301.51 to 2301.56 of the Revised Code is not required to 2,600
reimburse the county for its expenses incurred by reason of the 2,601
person's confinement, including the expenses listed in division
(B)(1) of this section. If the board adopts a resolution of that 2,603
nature, the board shall provide a copy to the court of common 2,604
pleas of the county, and the court that sentences a person
convicted of a felony shall not impose a sanction under section 2,605
2929.18 of the Revised Code that requires the person to reimburse 2,606
68
the costs of the confinement. 2,607
(C) In lieu of requiring offenders to reimburse the 2,609
political subdivision for expenses incurred by reason of the 2,610
person's confinement pursuant to division (B) of this section, 2,611
the board or boards of county commissioners, acting jointly with 2,612
the judicial corrections board, may adopt a prisoner
reimbursement policy for the community-based correctional 2,613
facility under this division to be administered under the 2,614
direction of the director of the facility. The director may 2,615
appoint a reimbursement coordinator to administer the facility's 2,616
prisoner reimbursement policy. A prisoner reimbursement policy
adopted under this division is a policy that requires a person 2,617
confined to the facility to reimburse the county or counties for 2,618
any expenses it incurs by reason of the person's confinement in 2,619
the facility, which expenses may include, but are not limited to, 2,620
the following:
(1) A per diem fee for room and board of not more than 2,622
sixty dollars per day or the actual per diem cost, whichever is 2,623
less, for the entire period of time the person is confined to the 2,624
facility;
(2) Actual charges for medical and dental treatment; 2,626
(3) Reimbursement for government property damaged by the 2,628
person while confined to the facility. 2,629
Rates charged shall be on a sliding scale determined by the 2,631
director with the approval of the judicial corrections board 2,632
based on the ability of the person confined to the facility to 2,633
pay and on consideration of any legal obligation of the person to 2,634
support a spouse, minor children, or other dependents and any
moral obligation to support dependents to whom the person is 2,635
providing or has in fact provided support. 2,636
The reimbursement coordinator or another person designated 2,638
by the director may investigate the financial status of the 2,639
confined person and obtain information necessary to investigate 2,640
that status, by means that may include contacting employers and 2,641
69
reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon 2,642
the person's release. At the end of the person's incarceration, 2,643
the person shall be presented with a billing statement signed by 2,644
the director.
The reimbursement coordinator or another person designated 2,646
by the director may collect, or the judicial corrections board 2,647
may enter into a contract with one or more public agencies or 2,648
private vendors to collect, any amounts remaining unpaid. Within 2,649
twelve months after the date of the confined person's release,
the prosecuting attorney may file a civil action in the name of 2,650
the state in the court of common pleas of the county in which the 2,651
facility is located to seek reimbursement from that person for 2,652
any billing amount that remains unpaid. No judgment obtained 2,653
under this section shall be enforced by means of execution 2,654
against the person's homestead. For purposes of this section,
"homestead" has the same meaning as in division (A) of section 2,655
323.151 of the Revised Code. Any reimbursement received under 2,656
this section shall be credited to the general fund of the county 2,657
that bore the expense, to be used for general fund purposes. 2,658
(D)(1) Notwithstanding any contrary provision in this 2,660
section or section 2929.18 or 2929.223 of the Revised Code, the 2,661
judicial corrections board may establish a policy that requires 2,662
any person who is not indigent and who is confined in the 2,663
community-based correctional facility or district community-based 2,664
correctional facility to pay a reasonable fee for any medical 2,665
treatment or service requested by and provided to that person.
This fee shall not exceed the actual cost of the treatment or 2,666
service provided. No person confined to a community-based 2,667
correctional facility or district community-based correctional 2,668
facility who is indigent shall be required to pay those fees, and 2,669
no person confined to any facility of that type shall be denied 2,670
any necessary medical care because of inability to pay those
fees.
70
Upon provision of the requested medical treatment or 2,672
service, payment of the required fee may be automatically 2,673
deducted from a person's account record in the facility's 2,674
business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the 2,675
person's confinement in the facility if funds later become 2,676
available in that person's account. If the person is released 2,677
from the facility and has an unpaid balance of these fees, the 2,678
judicial corrections board may bill the person for payment of the 2,679
remaining unpaid fees. Fees received for medical treatment or
services shall be paid into the commissary fund, if one has been 2,680
created for the facility, or if no such fund exists, into the 2,681
county treasury of the county that actually paid for the 2,682
treatment or service.
(2) If a person confined to a community-based correctional 2,684
facility or district community-based correctional facility is 2,685
required under division (B) or (C) of this section or section 2,686
2929.18 or 2929.223 of the Revised Code to reimburse the county 2,687
for expenses incurred by reason of the person's confinement to 2,688
the facility, any fees paid by the person under division (D)(1)
of this section shall be deducted from the expenses required to 2,689
be reimbursed under division (B) or (C) of this section or 2,690
section 2929.18 or 2929.223 of the Revised Code. 2,691
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 2,693
GUILTY TO AN OFFENSE IS CONFINED IN A COMMUNITY-BASED 2,694
CORRECTIONAL FACILITY OR DISTRICT COMMUNITY-BASED CORRECTIONAL 2,695
FACILITY, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE PERSON 2,696
IN CHARGE OF THE OPERATION OF THE FACILITY DETERMINES TO BE
APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE 2,697
FACILITY MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND 2,698
TESTED FOR TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS 2,699
DISEASES. THE PERSON IN CHARGE OF THE OPERATION OF THE FACILITY 2,700
MAY CAUSE A CONVICTED OFFENDER IN THE FACILITY WHO REFUSES TO BE 2,701
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER 2,702
71
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 2,703
Sec. 2305.24. Any information, data, reports, or records 2,712
made available to a quality assurance committee or utilization 2,713
committee of a hospital or of any not-for-profit health care 2,714
corporation which THAT is a member of the hospital or of which 2,715
the hospital is a member shall be confidential and shall be used 2,717
by the committee and the committee members only in the exercise 2,718
of the proper functions of the committee. Any information, data, 2,719
reports, or records made available to a utilization committee of 2,720
a state or local medical society composed of doctors of medicine 2,721
or doctors of osteopathic medicine and surgery shall be 2,722
confidential and shall be used by the committee and the committee 2,723
members only in the exercise of the proper functions of the 2,724
committee. A right of action similar to that a patient may have 2,725
against an attending physician for misuse of information, data, 2,726
reports, or records arising out of the physician-patient 2,727
relationship, shall accrue against a member of a quality 2,728
assurance committee or utilization committee for misuse of any 2,729
information, data, reports, or records furnished to the committee 2,730
by an attending physician. No physician, surgeon, institution, 2,731
or hospital furnishing information, data, reports, or records to 2,732
a committee with respect to any patient examined or treated by 2,733
the physician or surgeon or confined in the institution or 2,734
hospital shall, by reason of the furnishing, be deemed liable in 2,735
damages to any person, or be held to answer for betrayal of a 2,736
professional confidence within the meaning and intent of section 2,737
4731.22 of the Revised Code. Information, data, or reports 2,738
furnished to a utilization committee of a state or local medical 2,739
society shall contain no name of any person involved therein. 2,740
Any information, data, reports, or records made available 2,742
to a quality assurance committee of a state correctional 2,743
institution operated by the department of rehabilitation and 2,744
correction or a quality assurance committee of the central office 2,745
of the department of rehabilitation and correction or department 2,747
72
of mental health shall be confidential and shall be used by the
department or committee and the department or committee members 2,748
only in the exercise of the proper functions of the department or 2,749
committee.
As used in this section, "utilization committee" is the 2,751
committee established to administer a utilization review plan of 2,752
a hospital, of a not-for-profit health care corporation which is 2,753
a member of the hospital or of which the hospital is a member, or 2,754
of an extended care facility as provided in the "Health Insurance 2,755
for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k). 2,756
Sec. 2305.25. (A) No health care entity and no individual 2,766
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 2,767
following corporations shall be liable in damages to any person 2,768
for any acts, omissions, decisions, or other conduct within the 2,769
scope of the functions of the board, committee, or corporation: 2,770
(1) A peer review committee of a hospital, a nonprofit 2,772
health care corporation which is a member of the hospital or of 2,773
which the hospital is a member, or a community mental health 2,774
center; 2,775
(2) A board or committee of a hospital or of a nonprofit 2,778
health care corporation which is a member of the hospital or of 2,779
which the hospital is a member reviewing professional
qualifications or activities of the hospital medical staff or 2,780
applicants for admission to the medical staff; 2,781
(3) A utilization committee of a state or local society 2,783
composed of doctors of medicine or doctors of osteopathic 2,784
medicine and surgery or doctors of podiatric medicine; 2,785
(4) A peer review committee of nursing home providers or 2,787
administrators, including a corporation engaged in performing the 2,789
functions of a peer review committee of nursing home providers or 2,790
administrators, or a corporation engaged in the functions of
another type of peer review or professional standards review 2,791
committee; 2,792
73
(5) A peer review committee, professional standards review 2,794
committee, or arbitration committee of a state or local society 2,795
composed of doctors of medicine, doctors of osteopathic medicine 2,796
and surgery, doctors of dentistry, doctors of optometry, doctors 2,797
of podiatric medicine, psychologists, or registered pharmacists; 2,798
(6) A peer review committee of a health insuring 2,800
corporation that has at least a two-thirds majority of member 2,802
physicians in active practice and that conducts professional 2,803
credentialing and quality review activities involving the 2,804
competence or professional conduct of health care providers, 2,805
which conduct adversely affects, or could adversely affect, the 2,806
health or welfare of any patient. For purposes of this division, 2,807
"health insuring corporation" includes wholly owned subsidiaries 2,810
of a health insuring corporation. 2,811
(7) A peer review committee of any insurer authorized 2,813
under Title XXXIX of the Revised Code to do the business of 2,814
sickness and accident insurance in this state that has at least a 2,815
two-thirds majority of physicians in active practice and that 2,816
conducts professional credentialing and quality review activities 2,817
involving the competence or professional conduct of health care 2,818
providers, which conduct adversely affects, or could adversely 2,819
affect, the health or welfare of any patient; 2,820
(8) A peer review committee of any insurer authorized 2,822
under Title XXXIX of the Revised Code to do the business of 2,823
sickness and accident insurance in this state that has at least a 2,824
two-thirds majority of physicians in active practice and that 2,825
conducts professional credentialing and quality review activities 2,826
involving the competence or professional conduct of a health care 2,827
facility that has contracted with the insurer to provide health 2,828
care services to insureds, which conduct adversely affects, or 2,829
could adversely affect, the health or welfare of any patient; 2,830
(9) A quality assurance committee of a state correctional 2,832
institution operated by the department of rehabilitation and 2,834
correction;
74
(10) A quality assurance committee of the central office 2,836
of the department of rehabilitation and correction or department 2,838
of mental health;
(11) A peer review committee of an insurer authorized 2,840
under Title XXXIX of the Revised Code to do the business of 2,841
medical professional liability insurance in this state and that 2,842
conducts professional quality review activities involving the 2,844
competence or professional conduct of health care providers, 2,845
which conduct adversely affects, or could affect, the health or
welfare of any patient; 2,846
(12)(10) A peer review committee of a health care entity. 2,848
(B)(1) A hospital shall be presumed to not be negligent in 2,850
the credentialing of a qualified person if the hospital proves by 2,851
a preponderance of the evidence that at the time of the alleged 2,852
negligent credentialing of the qualified person it was accredited 2,853
by the joint commission on accreditation of health care 2,854
organizations, the American osteopathic association, or the
national committee for quality assurance. 2,855
(2) The presumption that a hospital is not negligent as 2,857
provided in division (B)(1) of this section may be rebutted only 2,858
by proof, by a preponderance of the evidence, of any of the 2,859
following:
(a) The credentialing and review requirements of the 2,861
accrediting organization did not apply to the hospital, the 2,862
qualified person, or the type of professional care that is the 2,863
basis of the claim against the hospital.
(b) The hospital failed to comply with all material 2,865
credentialing and review requirements of the accrediting 2,866
organization that applied to the qualified person. 2,867
(c) The hospital, through its medical staff executive 2,869
committee or its governing body and sufficiently in advance to 2,870
take appropriate action, knew that a previously competent 2,871
qualified person with staff privileges at the hospital had 2,872
developed a pattern of incompetence that indicated that the 2,873
75
qualified person's privileges should have been limited prior to 2,874
treating the plaintiff at the hospital. 2,875
(d) The hospital, through its medical staff executive 2,877
committee or its governing body and sufficiently in advance to 2,878
take appropriate action, knew that a previously competent 2,879
qualified person with staff privileges at the hospital would 2,880
provide fraudulent medical treatment but failed to limit the 2,881
qualified person's privileges prior to treating the plaintiff at 2,882
the hospital. 2,883
(3) If the plaintiff fails to rebut the presumption 2,885
provided in division (B)(1) of this section, upon the motion of 2,886
the hospital, the court shall enter judgment in favor of the 2,887
hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any 2,889
individual or health care entity from liability arising from 2,890
treatment of a patient. Nothing in this section shall be 2,891
construed as creating an exception to section 2305.251 of the 2,892
Revised Code.
(D) No person who provides information under this section 2,894
without malice and in the reasonable belief that the information 2,896
is warranted by the facts known to the person shall be subject to 2,897
suit for civil damages as a result of providing the information. 2,898
(E) For purposes of AS USED IN this section: 2,900
(1) "Peer review committee" means a utilization review 2,902
committee, quality assurance committee, quality improvement 2,903
committee, tissue committee, credentialing committee, or other 2,904
committee that conducts professional credentialing and quality 2,905
review activities involving the competence or professional 2,906
conduct of health care practitioners.
(2) "Health care entity" means a government entity, a 2,908
for-profit or nonprofit corporation, a limited liability company, 2,909
a partnership, a professional corporation, a state or local 2,910
society as described in division (A)(3) of this section, or other 2,911
health care organization, including, but not limited to, health 2,912
76
care entities described in division (A) of this section, whether 2,913
acting on its own behalf or on behalf of or in affiliation with 2,914
other health care entities, that conducts, as part of its
purpose, professional credentialing or quality review activities 2,915
involving the competence or professional conduct of health care 2,916
practitioners or providers. 2,917
(3) "Hospital" means either of the following: 2,919
(a) An institution that has been registered or licensed by 2,921
the Ohio department of health as a hospital; 2,922
(b) An entity, other than an insurance company authorized 2,924
to do business in this state, that owns, controls, or is 2,925
affiliated with an institution that has been registered or 2,927
licensed by the Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff 2,929
of a hospital or a person who has professional privileges at a 2,930
hospital pursuant to section 3701.351 of the Revised Code. 2,931
(F) This section shall be considered to be purely remedial 2,934
in its operation and shall be applied in a remedial manner in any 2,935
civil action in which this section is relevant, whether the civil 2,936
action is pending in court or commenced on or after the effective 2,937
date of this section, regardless of when the cause of action 2,938
accrued and notwithstanding any other section of the Revised Code 2,940
or prior rule of law of this state.
Sec. 2305.251. Proceedings and records within the scope of 2,949
the peer review or utilization review functions of all review 2,950
boards, committees, or corporations described in section 2305.25 2,952
of the Revised Code shall be held in confidence and shall not be 2,953
subject to discovery or introduction in evidence in any civil 2,954
action against a health care professional, the department of 2,955
rehabilitation and correction, the department of mental health, a 2,956
hospital, a not-for-profit health care corporation which THAT is 2,957
a member of a hospital or of which a hospital is a member, or 2,958
other ANOTHER health care entity arising out of matters that are 2,960
the subject of evaluation and review by the review board, 2,961
77
committee, or corporation. No person in attendance at a meeting 2,962
of a review board, committee, or corporation or serving as a 2,963
member or employee of a review board, committee, or corporation 2,964
shall be permitted or required to testify in any civil action as 2,965
to any evidence or other matters produced or presented during the 2,966
proceedings of the review board, committee, or corporation or as 2,967
to any finding, recommendation, evaluation, opinion, or other 2,968
action of the review board, committee, or corporation or a member 2,969
or employee of it. Information, documents, or records otherwise 2,971
available from original sources are not to be construed as being 2,972
unavailable for discovery or for use in any civil action merely 2,973
because they were presented during proceedings of a review board, 2,974
committee, or corporation, nor should any person testifying 2,975
before a review board, committee, or corporation or who is a 2,976
member or employee of the review board, committee, or corporation
be prevented from testifying as to matters within the person's 2,978
knowledge, but the witness cannot be asked about the witness's 2,979
testimony before the review board, committee, or corporation or 2,980
an opinion formed by the witness as a result of the review board, 2,981
committee, or corporation hearing. An order by a court to
produce for discovery or for use at trial the proceedings or 2,983
records described in this section is a final order.
Sec. 2901.07. (A) As used in this section: 2,992
(1) "DNA analysis" and "DNA specimen" have the same 2,994
meanings as in section 109.573 of the Revised Code. 2,995
(2) "Jail" and "community-based correctional facility" 2,997
have the same meanings as in section 2929.01 of the Revised Code. 2,998
(3) "Post-release control" has the same meaning as in 3,000
section 2967.28 2967.01 of the Revised Code. 3,002
(B)(1) A person who is convicted of or pleads guilty to a 3,005
felony offense listed in division (D) of this section and who is 3,006
sentenced to a prison term or to a community residential sanction 3,007
in a jail or community-based correctional facility pursuant to 3,008
section 2929.16 of the Revised Code, and a person who is 3,010
78
convicted of or pleads guilty to a misdemeanor offense listed in 3,011
division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a DNA specimen collection procedure 3,014
administered by the director of rehabilitation and correction or 3,015
the chief administrative officer of the jail or other detention 3,016
facility in which the person is serving the term of imprisonment. 3,017
If the person serves the prison term in a state correctional 3,018
institution, the director of rehabilitation and correction shall 3,019
cause the DNA specimen to be collected from the person during the 3,020
intake process at the reception facility designated by the 3,022
director. If the person serves the community residential 3,023
sanction or term of imprisonment in a jail, a community-based 3,024
correctional facility, or another county, multicounty, municipal, 3,025
municipal-county, or multicounty-municipal detention facility, 3,026
the chief administrative officer of the jail, community-based 3,028
correctional facility, or detention facility shall cause the DNA 3,030
specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or 3,031
detention facility. In accordance with division (C) of this 3,033
section, the director or the chief administrative officer shall 3,034
cause the DNA specimen to be forwarded to the bureau of criminal 3,035
identification and investigation no later than fifteen days after 3,036
the date of the collection of the DNA specimen. The DNA specimen 3,037
shall be collected in accordance with division (C) of this 3,038
section.
(2) If a person is convicted of or pleads guilty to an 3,041
offense listed in division (D) of this section, is serving a 3,043
prison term, community residential sanction, or term of
imprisonment for that offense, and does not provide a DNA 3,044
specimen pursuant to division (B)(1) of this section, prior to 3,045
the person's release from the prison term, community residential 3,046
sanction, or imprisonment, the person shall submit to, and 3,048
director of rehabilitation and correction or the chief 3,049
administrative officer of the jail, community-based correctional 3,050
79
facility, or detention facility in which the person is serving
the prison term, community residential sanction, or term of 3,052
imprisonment shall administer, a DNA specimen collection 3,053
procedure at the state correctional institution, jail, 3,054
community-based correctional facility, or detention facility in 3,055
which the person is serving the prison term, community 3,056
residential sanction, or term of imprisonment. In accordance 3,058
with division (C) of this section, the director or the chief 3,060
administrative officer shall cause the DNA specimen to be
forwarded to the bureau of criminal identification and 3,062
investigation no later than fifteen days after the date of the 3,063
collection of the DNA specimen. The DNA specimen shall be 3,064
collected in accordance with division (C) of this section. 3,065
(3) If a person serving a prison term or community 3,067
residential sanction for a felony is released on parole, furlough 3,068
UNDER TRANSITIONAL CONTROL, or other ON ANOTHER TYPE OF release 3,070
or is on post-release control, if the person is under the 3,072
supervision of the adult parole authority, if the person is 3,073
returned to a jail, community-based correctional facility, or 3,074
state correctional institution for a violation of a condition THE 3,076
TERMS AND CONDITIONS of the parole, furlough TRANSITIONAL 3,077
CONTROL, other release, or post-release control, if the person 3,078
was or will be serving a prison term or community residential 3,079
sanction for committing an offense listed in division (D) of this 3,082
section, and if the person did not provide a DNA specimen 3,083
pursuant to division (B)(1) or (2) of this section, the person 3,085
shall submit to, and the director of rehabilitation and 3,086
correction or the chief administrative officer of the jail or 3,087
community-based correctional facility shall administer, a DNA 3,088
specimen collection procedure at the jail, community-based 3,090
correctional facility, or state correctional institution in which 3,091
the person is serving the prison term or community residential 3,092
sanction. In accordance with division (C) of this section, the 3,095
director or the chief administrative officer shall cause the DNA 3,097
80
specimen to be forwarded to the bureau of criminal identification 3,098
and investigation no later than fifteen days after the date of 3,099
the collection of the DNA specimen. The DNA specimen shall be 3,100
collected from the person in accordance with division (C) of this 3,102
section.
(C) A physician, registered nurse, licensed practical 3,105
nurse, duly licensed clinical laboratory technician, or other 3,106
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 3,107
pursuant to division (B) of this section. No later than fifteen 3,108
days after the date of the collection of the DNA specimen, the 3,109
director of rehabilitation and correction or the chief 3,110
administrative officer of the jail, community-based correctional 3,111
facility, or other county, multicounty, municipal, 3,112
municipal-county, or multicounty-municipal detention facility, in 3,113
which the person is serving the prison term, community 3,114
residential sanction, or term of imprisonment shall cause the DNA 3,115
specimen to be forwarded to the bureau of criminal identification 3,116
and investigation in accordance with procedures established by 3,117
the superintendent of the bureau under division (H) of section 3,118
109.573 of the Revised Code. The bureau shall provide the 3,119
specimen vials, mailing tubes, labels, postage, and instructions 3,120
needed for the collection and forwarding of the DNA specimen to 3,121
the bureau.
(D) The director of rehabilitation and correction and the 3,123
chief administrative officer of the jail, community-based 3,124
correctional facility, or other county, multicounty, municipal, 3,125
municipal-county, or multicounty-municipal detention facility 3,126
shall cause a DNA specimen to be collected in accordance with 3,129
divisions (B) and (C) of this section from a person in its 3,130
custody who is convicted of or pleads guilty to any of the 3,131
following offenses: 3,132
(1) A violation of section 2903.01, 2903.02, 2905.01, 3,134
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 3,136
81
Code;
(2) A violation of section 2907.12 of the Revised Code as 3,138
it existed prior to September 3, 1996; 3,139
(3) An attempt to commit a violation of section 2907.02, 3,141
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 3,143
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996; 3,145
(4) A violation of any law that arose out of the same 3,147
facts and circumstances and same act as did a charge against the 3,150
person of a violation of section 2907.02, 2907.03, 2907.04, or 3,151
2907.05 of the Revised Code that previously was dismissed or as 3,152
did a charge against the person of a violation of section 2907.12 3,153
of the Revised Code as it existed prior to September 3, 1996, 3,154
that previously was dismissed;
(5) A violation of section 2905.02 or 2919.23 of the 3,156
Revised Code that would have been a violation of section 2905.04 3,159
of the Revised Code as it existed prior to July 1, 1996, had it 3,161
been committed prior to that date;
(6) A sexually oriented offense, as defined in section 3,163
2950.01 of the Revised Code, if, in relation to that offense, the 3,165
offender has been adjudicated as being a sexual predator, as 3,166
defined in section 2950.01 of the Revised Code. 3,167
(E) The director of rehabilitation and correction or a 3,169
chief administrative officer of a jail, community-based 3,170
correctional facility, or other detention facility described in 3,172
division (B) of this section is not required to comply with this 3,173
section until the superintendent of the bureau of criminal 3,174
identification and investigation gives agencies in the criminal 3,175
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 3,176
is prepared to accept DNA specimens. 3,177
Sec. 2903.13. (A) No person shall knowingly cause or 3,186
attempt to cause physical harm to another or to another's unborn. 3,187
(B) No person shall recklessly cause serious physical harm 3,189
82
to another or to another's unborn. 3,190
(C) Whoever violates this section is guilty of assault. 3,192
Except as otherwise provided in division (C)(1), (2), or (3) of 3,193
this section, assault is a misdemeanor of the first degree. 3,195
(1) If EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF 3,197
the offense is committed by a caretaker against a functionally 3,199
impaired person under the caretaker's care, assault is a felony 3,200
of the fourth degree. If the offense is committed by a caretaker 3,201
against a functionally impaired person under the caretaker's 3,202
care, if the offender previously has been convicted of or pleaded 3,204
guilty to a violation of this section or section 2903.11 or 3,205
2903.16 of the Revised Code, and if in relation to the previous 3,206
conviction the offender was a caretaker and the victim was a 3,207
functionally impaired person under the offender's care, assault 3,208
is a felony of the third degree. 3,209
(2) If the offense is committed in any of the following 3,211
circumstances, assault is a felony of the fifth degree: 3,212
(a) The offense occurs in or on the grounds of a state 3,214
correctional institution or an institution of the department of 3,215
youth services, the victim of the offense is an employee of the 3,216
department of rehabilitation and correction, the department of 3,217
youth services, or a probation department or is on the premises 3,218
of the particular institution for business purposes or as a 3,219
visitor, and the offense is committed by a person incarcerated in 3,220
the state correctional institution, BY a person institutionalized 3,221
in the department of youth services institution pursuant to a 3,222
commitment to the department of youth services, or BY a 3,223
probationer, furloughee, or parolee, BY AN OFFENDER UNDER 3,225
TRANSITIONAL CONTROL, UNDER A COMMUNITY CONTROL SANCTION, OR ON 3,227
AN ESCORTED VISIT, BY A PERSON UNDER POST-RELEASE CONTROL, OR BY 3,229
AN OFFENDER UNDER ANY OTHER TYPE OF SUPERVISION BY A GOVERNMENT 3,230
AGENCY;
(b) The offense occurs in or on the grounds of a local 3,232
correctional facility, the victim of the offense is an employee 3,233
83
of the local correctional facility or a probation department or 3,234
is on the premises of the facility for business purposes or as a 3,235
visitor, and the offense is committed by a person who is under 3,236
custody in the facility subsequent to the person's arrest for any 3,237
crime or delinquent act, subsequent to the person's being charged 3,239
with or convicted of any crime, or subsequent to the person's 3,241
being alleged to be or adjudicated a delinquent child. 3,242
(c) The offense occurs off the grounds of a state 3,244
correctional institution and off the grounds of an institution of 3,245
the department of youth services, the victim of the offense is an 3,246
employee of the department of rehabilitation and correction, the 3,247
department of youth services, or a probation department, the 3,248
offense occurs during the employee's official work hours and 3,249
while the employee is engaged in official work responsibilities, 3,250
and the offense is committed by a person incarcerated in a state 3,252
correctional institution or institutionalized in the department 3,253
of youth services who temporarily is outside of the institution 3,254
for any purpose or, by a probationer, OR parolee, or furloughee 3,256
BY AN OFFENDER UNDER TRANSITIONAL CONTROL, UNDER A COMMUNITY 3,257
CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A PERSON UNDER
POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY OTHER TYPE OF 3,258
SUPERVISION BY A GOVERNMENT AGENCY. 3,259
(d) The offense occurs off the grounds of a local 3,261
correctional facility, the victim of the offense is an employee 3,262
of the local correctional facility or a probation department, the 3,263
offense occurs during the employee's official work hours and 3,264
while the employee is engaged in official work responsibilities, 3,265
and the offense is committed by a person who is under custody in 3,266
the facility subsequent to the person's arrest for any crime or 3,267
delinquent act, subsequent to the person being charged with or 3,268
convicted of any crime, or subsequent to the person being alleged 3,269
to be or adjudicated a delinquent child and who temporarily is 3,271
outside of the facility for any purpose or by a probationer, OR 3,272
parolee, or furloughee BY AN OFFENDER UNDER TRANSITIONAL CONTROL, 3,273
84
UNDER A COMMUNITY CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A 3,274
PERSON UNDER POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY 3,275
OTHER TYPE OF SUPERVISION BY A GOVERNMENT AGENCY. 3,276
(3) If the victim of the offense is a peace officer, a 3,278
fire fighter, or a person performing emergency medical service, 3,279
while in the performance of their official duties, assault is a 3,280
felony of the fourth degree. 3,281
(4) As used in this section: 3,283
(a) "Peace officer" has the same meaning as in section 3,285
2935.01 of the Revised Code. 3,286
(b) "Fire fighter" has the same meaning as in section 3,288
3937.41 of the Revised Code. 3,289
(c) "Emergency medical service" has the same meaning as in 3,291
section 4765.01 of the Revised Code. 3,292
(d) "Local correctional facility" means any county, 3,294
multicounty, municipal, municipal-county, or 3,295
multicounty-municipal jail or workhouse, any minimum security 3,296
jail established under section 341.23 or 753.21 of the Revised 3,298
Code, or any other county, multicounty, municipal,
municipal-county, or multicounty-municipal facility used for the 3,299
custody of persons arrested for any crime or delinquent act, 3,300
persons charged with or convicted of any crime, or persons 3,301
alleged to be or adjudicated a delinquent child. 3,302
(e) "Employee of a local correctional facility" means any 3,304
person who is an employee of the political subdivision or of one 3,305
or more of the affiliated political subdivisions that operates 3,306
the local correctional facility and who operates or assists in 3,307
the operation of the facility. 3,308
(f) "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS 3,310
IN SECTION 2929.01 OF THE REVISED CODE. 3,311
(g) "ESCORTED VISIT" MEANS AN ESCORTED VISIT GRANTED UNDER 3,313
SECTION 2967.27 OF THE REVISED CODE. 3,314
(h) "POST-RELEASE CONTROL" AND "TRANSITIONAL CONTROL" HAVE 3,316
THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE. 3,317
85
Sec. 2921.36. (A) No person shall knowingly convey, or 3,326
attempt to convey, onto the grounds of a detention facility or of 3,327
an institution that is under the control of the department of 3,328
mental health or the department of mental retardation and 3,329
developmental disabilities, any of the following items: 3,330
(1) Any deadly weapon or dangerous ordnance, as defined in 3,332
section 2923.11 of the Revised Code, or any part of or ammunition 3,333
for use in such a deadly weapon or dangerous ordnance; 3,334
(2) Any drug of abuse, as defined in section 3719.011 of 3,336
the Revised Code; 3,337
(3) Any intoxicating liquor, as defined in section 4301.01 3,339
of the Revised Code. 3,340
(B) Division (A) of this section does not apply to any 3,342
person who conveys or attempts to convey an item onto the grounds 3,343
of a detention facility or of an institution under the control of 3,344
the department of mental health or the department of mental 3,345
retardation and developmental disabilities pursuant to the 3,346
written authorization of the person in charge of the detention 3,347
facility or the institution and in accordance with the written 3,348
rules of the detention facility or the institution. 3,349
(C) No person shall knowingly deliver, or attempt to 3,351
deliver, to any person who is confined in a detention facility or 3,352
to any patient in an institution under the control of the 3,353
department of mental health or the department of mental 3,354
retardation and developmental disabilities, any item listed in 3,355
division (A)(1), (2), or (3) of this section. 3,356
(D) No person shall knowingly deliver, or attempt to 3,358
deliver, cash to any person who is confined in a detention 3,359
facility.
(E)(1) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 3,361
DIVISION (A)(1) OF THIS SECTION THAT THE WEAPON OR DANGEROUS 3,363
ORDNANCE IN QUESTION WAS BEING TRANSPORTED IN A MOTOR VEHICLE FOR 3,364
ANY LAWFUL PURPOSE, THAT IT WAS NOT ON THE ACTOR'S PERSON, AND,
IF THE WEAPON OR DANGEROUS ORDNANCE IN QUESTION WAS A FIREARM, 3,365
86
THAT IT WAS UNLOADED AND WAS BEING CARRIED IN A CLOSED PACKAGE, 3,366
BOX, OR CASE OR IN A COMPARTMENT THAT CAN BE REACHED ONLY BY 3,367
LEAVING THE VEHICLE.
(2) It is an affirmative defense to a charge under 3,369
division (C) of this section that the actor was not otherwise 3,370
prohibited by law from delivering the item to the confined person 3,371
or the patient and that either of the following applies: 3,372
(1)(a) The actor was permitted by the written rules of the 3,374
detention facility or the institution to deliver the item to the 3,375
confined person or the patient. 3,376
(2)(b) The actor was given written authorization by the 3,378
person in charge of the detention facility or the institution to 3,379
deliver the item to the confined person or the patient. 3,380
(F)(1) Whoever violates division (A)(1) of this section or 3,382
commits a violation of division (C) of this section involving an 3,383
item listed in division (A)(1) of this section is guilty of 3,384
illegal conveyance of weapons onto the grounds of a detention 3,385
facility or a mental health or mental retardation and 3,386
developmental disabilities institution, a felony of the fourth 3,388
degree. IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE
DEPARTMENT OF REHABILITATION AND CORRECTION, THE COURT SHALL 3,389
IMPOSE A MANDATORY PRISON TERM. 3,390
(2) Whoever violates division (A)(2) of this section or 3,392
commits a violation of division (C) of this section involving any 3,393
drug of abuse is guilty of illegal conveyance of drugs of abuse 3,394
onto the grounds of a detention facility or a mental health or 3,395
mental retardation and developmental disabilities institution, a 3,396
felony of the fourth degree if the offender is an officer or 3,398
employee of the facility or institution or a felony of the fifth 3,399
degree if the offender is not such an officer or employee. IF
THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF 3,400
REHABILITATION AND CORRECTION, THE COURT SHALL IMPOSE A MANDATORY 3,401
PRISON TERM.
(3) Whoever violates division (A)(3) of this section or 3,403
87
commits a violation of division (C) of this section involving any 3,404
intoxicating liquor is guilty of illegal conveyance of 3,405
intoxicating liquor onto the grounds of a detention facility or a 3,406
mental health or mental retardation and developmental 3,407
disabilities institution, a misdemeanor of the second degree. 3,408
(4) Whoever violates division (D) of this section is 3,410
guilty of illegal conveyance of cash onto the grounds of a 3,411
detention facility, a misdemeanor of the first degree. If the 3,412
offender previously has been convicted of or pleaded guilty to a 3,413
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 3,414
fifth degree. 3,415
Sec. 2929.01. As used in this chapter: 3,430
(A)(1) "Alternative residential facility" means, SUBJECT 3,433
TO DIVISION (A)(2) OF THIS SECTION, any facility other than an 3,434
offender's home or residence in which an offender is assigned to 3,435
live and that SATISFIES ALL OF THE FOLLOWING CRITERIA: 3,436
(a) IT provides programs through which the offender may 3,439
seek or maintain employment or may receive education, training, 3,440
treatment, or habilitation. "Alternative 3,441
(b) IT HAS RECEIVED THE APPROPRIATE LICENSE OR CERTIFICATE 3,444
FOR ANY SPECIALIZED EDUCATION, TRAINING, TREATMENT, HABILITATION, 3,445
OR OTHER SERVICE THAT IT PROVIDES FROM THE GOVERNMENT AGENCY THAT 3,446
IS RESPONSIBLE FOR LICENSING OR CERTIFYING THAT TYPE OF 3,447
EDUCATION, TRAINING, TREATMENT, HABILITATION, OR SERVICE. 3,448
(2) "ALTERNATIVE residential facility" does not include a 3,452
community-based correctional facility, jail, halfway house, or 3,453
prison.
(B) "Bad time" means the time by which the parole board 3,455
administratively extends an offender's stated prison term or 3,456
terms pursuant to section 2967.11 of the Revised Code because the 3,457
parole board finds by clear and convincing evidence that the 3,458
offender, while serving the prison term or terms, committed an 3,459
act that is a criminal offense under the law of this state or the 3,460
88
United States, whether or not the offender is prosecuted for the 3,462
commission of that act.
(C) "Basic supervision" means a requirement that the 3,465
offender maintain contact with a person appointed to supervise 3,467
the offender in accordance with sanctions imposed by the court or 3,468
imposed by the parole board pursuant to section 2967.28 of the 3,469
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 3,471
"unit dose" have the same meanings as in section 2925.01 of the 3,472
Revised Code.
(E) "Community-based correctional facility" means a 3,475
community-based correctional facility and program or district 3,476
community-based correctional facility and program developed 3,477
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 3,478
(F) "Community control sanction" means a sanction that is 3,481
not a prison term and that is described in section 2929.15, 3,482
2929.16, 2929.17, or 2929.18 of the Revised Code. 3,483
(G) "Criminally injurious conduct" means any conduct of 3,486
the type that is described in division (C)(1) or (2) of section 3,487
2743.51 of the Revised Code and that occurs on or after July 1, 3,488
1996.
(H) "Controlled substance," "marihuana," "schedule I," and 3,491
"schedule II" have the same meanings as in section 3719.01 of the 3,493
Revised Code.
(I) "Curfew" means a requirement that an offender during a 3,496
specified period of time be at a designated place. 3,497
(J) "Day reporting" means a sanction pursuant to which an 3,500
offender is required each day to report to and leave a center or 3,501
other approved reporting location at specified times in order to 3,502
participate in work, education or training, treatment, and other 3,503
approved programs at the center or outside the center. 3,504
(K) "Deadly weapon" has the same meaning as in section 3,507
2923.11 of the Revised Code. 3,508
(L) "Drug and alcohol use monitoring" means a program 3,511
89
under which an offender agrees to submit to random chemical 3,512
analysis of the offender's blood, breath, or urine to determine 3,513
whether the offender has ingested any alcohol or other drugs. 3,514
(M) "Drug treatment program" means any program under which 3,517
a person undergoes assessment and treatment designed to reduce or 3,519
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 3,520
which the person may be required to receive assessment and 3,522
treatment on an outpatient basis or may be required to reside at 3,523
a facility other than the person's home or residence while
undergoing assessment and treatment. 3,524
(N) "Economic loss" means any economic detriment suffered 3,527
by a victim as a result of criminally injurious conduct and 3,528
includes any loss of income due to lost time at work because of 3,529
any injury caused to the victim, and any property loss, medical 3,530
cost, or funeral expense incurred as a result of the criminally 3,531
injurious conduct.
(O) "Education or training" includes study at, or in 3,534
conjunction with a program offered by, a university, college, or 3,535
technical college or vocational study and also includes the 3,536
completion of primary school, secondary school, and literacy 3,537
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 3,540
meaning as in section 2929.23 of the Revised Code. 3,541
(Q) "Eligible offender" has the same meaning as in section 3,544
2929.23 of the Revised Code except as otherwise specified in 3,545
section 2929.20 of the Revised Code. 3,546
(R) "Firearm" has the same meaning as in section 2923.11 3,549
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 3,552
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 3,554
Revised Code as a suitable facility for the care and treatment of 3,555
adult offenders.
90
(T) "House arrest" means a period of confinement of an 3,557
eligible offender that is in the eligible offender's home or in 3,558
other premises specified by the sentencing court or by the parole 3,559
board pursuant to section 2967.28 of the Revised Code, that may 3,560
be electronically monitored house arrest, and during which all of 3,561
the following apply: 3,562
(1) The eligible offender is required to remain in the 3,564
eligible offender's home or other specified premises for the 3,566
specified period of confinement, except for periods of time 3,567
during which the eligible offender is at the eligible offender's 3,568
place of employment or at other premises as authorized by the 3,570
sentencing court or by the parole board.
(2) The eligible offender is required to report 3,573
periodically to a person designated by the court or parole board. 3,574
(3) The eligible offender is subject to any other 3,576
restrictions and requirements that may be imposed by the 3,577
sentencing court or by the parole board. 3,578
(U) "Intensive supervision" means a requirement that an 3,582
offender maintain frequent contact with a person appointed by the 3,583
court, or by the parole board pursuant to section 2967.28 of the 3,584
Revised Code, to supervise the offender while the offender is 3,585
seeking or maintaining necessary employment and participating in 3,586
training, education, and treatment programs as required in the 3,587
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 3,590
or other residential facility used for the confinement of alleged 3,591
or convicted offenders that is operated by a political 3,592
subdivision or a combination of political subdivisions of this 3,593
state.
(W) "Delinquent child" has the same meaning as in section 3,595
2151.02 of the Revised Code. 3,596
(X) "License violation report" means a report that is made 3,599
by a sentencing court, or by the parole board pursuant to section 3,600
2967.28 of the Revised Code, to the regulatory or licensing board 3,602
91
or agency that issued an offender a professional license or a 3,603
license or permit to do business in this state and that specifies 3,604
that the offender has been convicted of or pleaded guilty to an 3,605
offense that may violate the conditions under which the 3,606
offender's professional license or license or permit to do 3,607
business in this state was granted or an offense for which the 3,608
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 3,609
(Y) "Major drug offender" means an offender who is 3,612
convicted of or pleads guilty to the possession of, sale of, or 3,613
offer to sell any drug, compound, mixture, preparation, or 3,614
substance that consists of or contains at least one thousand 3,615
grams of hashish; at least one hundred grams of crack cocaine; at 3,616
least one thousand grams of cocaine that is not crack cocaine; at 3,617
least two hundred fifty grams of heroin; at least five thousand 3,618
unit doses of L.S.D.; or at least one hundred times the amount of 3,620
any other schedule I or II controlled substance other than 3,621
marihuana that is necessary to commit a felony of the third 3,622
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 3,623
2925.11 of the Revised Code that is based on the possession of, 3,624
sale of, or offer to sell the controlled substance. 3,625
(Z) "Mandatory prison term" means either ANY of the 3,627
following:
(1) Subject to division (CC)(Z)(2) of this section, the 3,630
term in prison that must be imposed for the offenses or 3,631
circumstances set forth in divisions (F)(1) to (8) OR (F)(10) of 3,633
section 2929.13 and division (D) of section 2929.14 of the 3,634
Revised Code. Except as provided in sections 2925.02, 2925.03, 3,636
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 3,637
maximum or another specific term is required under section 3,638
2929.14 of the Revised Code, a mandatory prison term described in 3,639
this division may be any prison term authorized for the level of 3,640
offense.
(2) The term of sixty days in prison that a sentencing 3,643
92
court is required to impose for a fourth degree felony OMVI 3,644
offense pursuant to division (G)(2) of section 2929.13 and 3,645
division (A)(4) of section 4511.99 of the Revised Code. 3,646
(2)(3) The term in prison imposed pursuant to section 3,648
2971.03 of the Revised Code FOR THE OFFENSES AND IN THE 3,649
CIRCUMSTANCES DESCRIBED IN DIVISION (F)(9) OF SECTION 2929.13 OF 3,650
THE REVISED CODE and that term as modified or terminated pursuant 3,651
to section 2971.05 of the Revised Code. 3,652
(AA) "Monitored time" means a period of time during which 3,655
an offender continues to be under the control of the sentencing 3,656
court or parole board, subject to no conditions other than 3,657
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 3,660
convicted of or pleads guilty to a felony or a misdemeanor. 3,661
(CC) "Prison" means a residential facility used for the 3,664
confinement of convicted felony offenders that is under the 3,665
control of the department of rehabilitation and correction BUT 3,666
DOES NOT INCLUDE A VIOLATION SANCTION CENTER OPERATED UNDER
AUTHORITY OF SECTION 2967.141 OF THE REVISED CODE. 3,667
(DD) "Prison term" includes any of the following sanctions 3,670
for an offender:
(1) A stated prison term; 3,672
(2) A term in a prison shortened by, or with the approval 3,675
of, the sentencing court pursuant to section 2929.20, 2967.26, 3,676
2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code; 3,677
(3) A term in prison extended by bad time imposed pursuant 3,680
to section 2967.11 of the Revised Code or imposed for a violation 3,681
of post-release control pursuant to section 2967.28 of the 3,682
Revised Code.
(EE) "Repeat violent offender" means a person about whom 3,685
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 3,688
to, and is being sentenced for committing, for complicity in 3,689
committing, or for an attempt to commit, aggravated murder,
93
murder, involuntary manslaughter, a felony of the first degree 3,690
other than one set forth in Chapter 2925. of the Revised Code, a 3,694
felony of the first degree set forth in Chapter 2925. of the 3,696
Revised Code that involved an attempt to cause serious physical 3,698
harm to a person or that resulted in serious physical harm to a 3,699
person, or a felony of the second degree that involved an attempt 3,700
to cause serious physical harm to a person or that resulted in 3,702
serious physical harm to a person.
(2) Either of the following applies: 3,704
(a) The person previously was convicted of or pleaded 3,706
guilty to, and served a prison term for, any of the following: 3,707
(i) Aggravated murder, murder, involuntary manslaughter, 3,709
rape, felonious sexual penetration in violation of former section 3,710
2907.12 of the Revised Code AS IT EXISTED PRIOR TO SEPTEMBER 3, 3,712
1996, a felony of the first or second degree that resulted in the 3,713
death of a person or in physical harm to a person, or complicity 3,714
in or an attempt to commit any of those offenses; 3,715
(ii) An offense under an existing or former law of this 3,718
state, another state, or the United States that is or was 3,720
substantially equivalent to an offense listed under division 3,721
(EE)(2)(a)(i) of this section. 3,723
(b) The person previously was adjudicated a delinquent 3,725
child for committing an act that if committed by an adult would 3,726
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 3,728
this section, the person was committed to the department of youth 3,729
services for that delinquent act, and the juvenile court in which 3,730
the person was adjudicated a delinquent child made a specific 3,731
finding that the adjudication should be considered a conviction 3,733
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 3,734
(FF) "Sanction" means any penalty imposed upon an offender 3,737
who is convicted of or pleads guilty to an offense, as punishment 3,738
for the offense. "Sanction" includes any sanction imposed 3,739
pursuant to any provision of sections 2929.14 to 2929.18 of the 3,740
94
Revised Code.
(GG) "Sentence" means the sanction or combination of 3,743
sanctions imposed by the sentencing court on an offender who is 3,744
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 3,747
prison term, or combination of all prison terms and mandatory 3,748
prison terms imposed by the sentencing court pursuant to section 3,749
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 3,750
includes any credit received by the offender for time spent in 3,751
jail awaiting trial, sentencing, or transfer to prison for the 3,752
offense, AND any time spent under house arrest or electronically 3,753
monitored house arrest imposed after earning credits pursuant to 3,754
section 2967.193 of the Revised Code. 3,755
(II) "Victim-offender mediation" means a reconciliation or 3,758
mediation program that involves an offender and the victim of the 3,759
offense committed by the offender and that includes a meeting in 3,760
which the offender and the victim may discuss the offense, 3,761
discuss restitution, and consider other sanctions for the 3,762
offense.
(OO)(JJ) "Fourth degree felony OMVI offense" means a 3,765
violation of division (A) of section 4511.19 of the Revised Code 3,767
that, under section 4511.99 of the Revised Code, is a felony of 3,769
the fourth degree.
(PP)(KK) "Mandatory term of local incarceration" means the 3,772
term of sixty days in a jail, a community-based correctional 3,773
facility, a halfway house, or an alternative residential facility 3,774
that a sentencing court is required to impose upon a person who 3,775
is convicted of or pleads guilty to a fourth degree felony OMVI 3,776
offense pursuant to division (G)(1) of section 2929.13 of the 3,777
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 3,778
(OO)(LL) "Designated homicide, assault, or kidnapping 3,780
offense," "sexual motivation specification," "sexually violent 3,781
offense," "sexually violent predator," and "sexually violent 3,782
95
predator specification" have the same meanings as in section 3,783
2971.01 of the Revised Code.
(PP)(MM) "Habitual sex offender," "sexually oriented 3,785
offense," and "sexual predator" have the same meanings as in 3,786
section 2950.01 of the Revised Code. 3,787
Sec. 2929.13. (A) Except as provided in division (E), 3,802
(F), or (G) of this section and unless a specific sanction is 3,803
required to be imposed or is precluded from being imposed 3,804
pursuant to law, a court that imposes a sentence upon an offender 3,805
for a felony may impose any sanction or combination of sanctions 3,806
on the offender that are provided in sections 2929.14 to 2929.18 3,807
of the Revised Code. The sentence shall not impose an 3,808
unnecessary burden on state or local government resources. 3,809
If the offender is eligible to be sentenced to community 3,811
control sanctions, the court shall consider the appropriateness 3,813
of imposing a financial sanction pursuant to section 2929.18 of 3,814
the Revised Code or a sanction of community service pursuant to 3,816
section 2929.17 of the Revised Code as the sole sanction for the 3,817
offense. Except as otherwise provided in this division, if the 3,818
court is required to impose a mandatory prison term for the 3,819
offense for which sentence is being imposed, the court also may 3,820
impose a financial sanction pursuant to section 2929.18 of the 3,821
Revised Code but may not impose any additional sanction or 3,822
combination of sanctions under section 2929.16 or 2929.17 of the 3,823
Revised Code. 3,824
If the offender is being sentenced for a fourth degree 3,826
felony OMVI offense, in addition to the mandatory term of local 3,827
incarceration or the mandatory prison term required for the 3,829
offense by division (G)(1) or (2) of this section, the court 3,831
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 3,834
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 3,836
offender be sentenced to a mandatory term of local incarceration, 3,837
96
an additional community control sanction or combination of 3,839
community control sanctions under section 2929.16 or 2929.17 of 3,840
the Revised Code; 3,841
(2) If division (G)(2) of this section requires that the 3,843
offender be sentenced to a mandatory prison term, an additional 3,844
prison term as described in division (D)(4) of section 2929.14 of 3,845
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 3,848
(G) of this section, in sentencing an offender for a felony of 3,849
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 3,851
(a) In committing the offense, the offender caused 3,853
physical harm to a person. 3,854
(b) In committing the offense, the offender attempted to 3,857
cause or made an actual threat of physical harm to a person with 3,858
a deadly weapon.
(c) In committing the offense, the offender attempted to 3,861
cause or made an actual threat of physical harm to a person, and 3,862
the offender previously was convicted of an offense that caused 3,863
physical harm to a person.
(d) The offender held a public office or position of trust 3,866
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 3,867
or to bring those committing it to justice; or the offender's 3,868
professional reputation or position facilitated the offense or 3,869
was likely to influence the future conduct of others. 3,870
(e) The offender committed the offense for hire or as part 3,872
of an organized criminal activity. 3,873
(f) The offense is a sex offense that is a fourth or fifth 3,876
degree felony violation of section 2907.03, 2907.04, 2907.05, 3,877
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 3,878
Revised Code.
(g) The offender previously served a prison term. 3,880
(h) The offender previously was subject to a community 3,882
97
control sanction, and the offender committed another offense 3,884
while under the sanction.
(2)(a) If the court makes a finding described in division 3,887
(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section 3,888
and if the court, after considering the factors set forth in 3,889
section 2929.12 of the Revised Code, finds that a prison term is 3,891
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 3,893
offender is not amenable to an available community control 3,894
sanction, the court shall impose a prison term upon the offender. 3,895
(b) Except as provided in division (E), (F), or (G) of 3,897
this section, if the court does not make a finding described in 3,899
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 3,900
section and if the court, after considering the factors set forth 3,901
in section 2929.12 of the Revised Code, finds that a community 3,903
control sanction or combination of community control sanctions is 3,905
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 3,908
impose a community control sanction or combination of community 3,909
control sanctions upon the offender. 3,910
(C) Except as provided in division (E) or (F) of this 3,913
section, in determining whether to impose a prison term as a 3,914
sanction for a felony of the third degree or a felony drug 3,915
offense that is a violation of a provision of Chapter 2925. of 3,917
the Revised Code and that is specified as being subject to this 3,920
division for purposes of sentencing, the sentencing court shall 3,921
comply with the purposes and principles of sentencing under 3,922
section 2929.11 of the Revised Code and with section 2929.12 of 3,925
the Revised Code.
(D) Except as provided in division (E) or (F) of this 3,928
section, for a felony of the first or second degree and for a 3,929
felony drug offense that is a violation of any provision of 3,930
Chapter 2925., 3719., or 4729. of the Revised Code for which a 3,931
presumption in favor of a prison term is specified as being 3,932
98
applicable, it is presumed that a prison term is necessary in 3,933
order to comply with the purposes and principles of sentencing 3,934
under section 2929.11 of the Revised Code. Notwithstanding the 3,935
presumption established under this division, the sentencing court 3,936
may impose a community control sanction or a combination of 3,937
community control sanctions instead of a prison term on an 3,938
offender for a felony of the first or second degree or for a 3,939
felony drug offense that is a violation of any provision of 3,940
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 3,941
applicable if it makes both of the following findings: 3,943
(1) A community control sanction or a combination of 3,945
community control sanctions would adequately punish the offender 3,947
and protect the public from future crime, because the applicable 3,948
factors under section 2929.12 of the Revised Code indicating a 3,950
lesser likelihood of recidivism outweigh the applicable factors 3,952
under that section indicating a greater likelihood of recidivism. 3,954
(2) A community control sanction or a combination of 3,956
community control sanctions would not demean the seriousness of 3,958
the offense, because one or more factors under section 2929.12 of 3,959
the Revised Code that indicate that the offender's conduct was 3,960
less serious than conduct normally constituting the offense are 3,961
applicable, and they outweigh the applicable factors under that 3,962
section that indicate that the offender's conduct was more 3,963
serious than conduct normally constituting the offense. 3,964
(E)(1) Except as provided in division (F) of this section, 3,967
for any drug offense that is a violation of any provision of 3,968
Chapter 2925. of the Revised Code and that is a felony of the 3,969
third, fourth, or fifth degree, the applicability of a 3,970
presumption under division (D) of this section in favor of a 3,971
prison term or of division (B) or (C) of this section in 3,972
determining whether to impose a prison term for the offense shall 3,974
be determined as specified in section 2925.02, 2925.03, 2925.04, 3,975
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 3,976
99
2925.37 of the Revised Code, whichever is applicable regarding 3,978
the violation.
(2) If an offender who was convicted of or pleaded guilty 3,980
to a felony drug offense in violation of a provision of Chapter 3,981
2925., 3719., or 4729. of the Revised Code violates the 3,982
conditions of a community control sanction imposed for the 3,983
offense solely by possession or using a controlled substance and 3,984
if the offender has not failed to meet the conditions of any drug 3,985
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 3,986
punishment for the violation of the sanction, shall order that 3,987
the offender participate in a drug treatment program or in 3,988
alcoholics anonymous, narcotics anonymous, or a similar program 3,989
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 3,990
forth in section 2929.11 of the Revised Code. If the court 3,991
determines that an order of that nature would not be consistent 3,992
with those purposes and principles or if the offender violated 3,993
the conditions of a drug treatment program in which the offender 3,994
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 3,995
sanction, including a prison term. 3,996
(F) Notwithstanding divisions (A) to (E) of this section, 3,999
the court shall impose a prison term or terms under sections 4,000
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 4,001
Revised Code and except as specifically provided in section 4,002
2929.20 of the Revised Code or when parole is authorized for the 4,003
offense under section 2967.13 of the Revised Code, shall not 4,004
reduce the terms pursuant to section 2929.20, section 2967.193, 4,005
or any other provision of Chapter 2967. or Chapter 5120. of the 4,007
Revised Code for any of the following offenses: 4,008
(1) Aggravated murder when death is not imposed or murder; 4,010
(2) Rape or an attempt to commit rape by force when the 4,012
victim is under thirteen years of age; 4,013
100
(3) Gross sexual imposition or sexual battery, if the 4,015
victim is under thirteen years of age, if the offender previously 4,017
was convicted of or pleaded guilty to rape, felonious sexual 4,018
penetration, gross sexual imposition, or sexual battery, and if 4,020
the victim of the previous offense was under thirteen years of
age;
(4) A felony violation of section 2903.06, 2903.07, or 4,023
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 4,024
(5) A first, second, or third degree felony drug offense 4,027
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 4,028
4729.99 of the Revised Code, whichever is applicable regarding 4,030
the violation, requires the imposition of a mandatory prison 4,031
term;
(6) Any offense that is a first or second degree felony 4,033
and that is not set forth in division (F)(1), (2), (3), or (4) of 4,035
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 4,037
degree felony, or an offense under an existing or former law of 4,038
this state, another state, or the United States that is or was 4,039
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 4,041
of the Revised Code, that is a felony, if the offender had a 4,042
firearm on or about the offender's person or under the offender's 4,043
control while committing the felony, with respect to a portion of 4,044
the sentence imposed pursuant to division (D)(1)(a) of section 4,046
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 4,048
the Revised Code when the most serious offense in the pattern of 4,050
corrupt activity that is the basis of the offense is a felony of 4,051
the first degree;
(9) Any sexually violent offense for which the offender 4,053
also is convicted of or pleads guilty to a sexually violent 4,054
101
predator specification that was included in the indictment, count 4,055
in the indictment, or information charging the sexually violent 4,056
offense;
(10) A VIOLATION OF DIVISION (A)(1) OR (2) OF SECTION 4,058
2921.36 OF THE REVISED CODE, OR A VIOLATION OF DIVISION (C) OF 4,059
THAT SECTION INVOLVING AN ITEM LISTED IN DIVISION (A)(1) OR (2) 4,060
OF THAT SECTION, IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE 4,061
DEPARTMENT OF REHABILITATION AND CORRECTION. 4,062
(G) Notwithstanding divisions (A) to (E) of this section, 4,065
if an offender is being sentenced for a fourth degree felony OMVI 4,066
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 4,067
accordance with the following: 4,068
(1) Except as provided in division (G)(2) of this section, 4,070
the court shall impose upon the offender a mandatory term of 4,071
local incarceration of sixty days as specified in division (A)(4) 4,072
of section 4511.99 of the Revised Code and shall not reduce the 4,073
term pursuant to section 2929.20, 2967.193, or any other 4,074
provision of the Revised Code. The court that imposes a 4,075
mandatory term of local incarceration under this division shall 4,077
specify whether the term is to be served in a jail, a 4,078
community-based correctional facility, a halfway house, or an 4,079
alternative residential facility, and the offender shall serve 4,080
the term in the type of facility specified by the court. The 4,081
court shall not sentence the offender to a prison term and shall 4,082
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 4,083
incarceration imposed under division (G)(1) of this section is 4,084
not subject to extension under section 2967.11 of the Revised 4,085
Code, to a period of post-release control under section 2967.28 4,086
of the Revised Code, or to any other Revised Code provision that 4,087
pertains to a prison term.
(2) If the offender previously has been sentenced to a 4,089
mandatory term of local incarceration pursuant to division (G)(1) 4,090
102
of this section for a fourth degree felony OMVI offense, the 4,091
court shall impose upon the offender a mandatory prison term of 4,092
sixty days as specified in division (A)(4) of section 4511.99 of 4,093
the Revised Code and shall not reduce the term pursuant to 4,094
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 4,095
to a mandatory term of local incarceration pursuant to division 4,096
(G)(1) of this section for a fourth degree felony OMVI offense be 4,097
sentenced to another mandatory term of local incarceration under 4,098
that division for a fourth degree felony OMVI offense. The court 4,099
shall not sentence the offender to a community control sanction 4,100
under section 2929.16 or 2929.17 of the Revised Code. The 4,101
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 4,102
intensive program prison established pursuant to section 5120.033 4,103
of the Revised Code if the department gave the sentencing judge 4,104
prior notice of its intent to place the offender in an intensive 4,105
program prison established under that section and if the judge 4,106
did not notify the department that the judge disapproved the 4,107
placement.
(G)(H) If an offender is being sentenced for a sexually 4,110
oriented offense committed on or after the effective date of this 4,111
amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of 4,112
the Revised Code if either of the following applies: 4,114
(1) The offense was a sexually violent offense, and the 4,116
offender also was convicted of or pleaded guilty to a sexually 4,117
violent predator specification that was included in the 4,118
indictment, count in the indictment, or information charging the 4,119
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 4,121
offense determines pursuant to division (B) of section 2950.09 of 4,122
the Revised Code that the offender is a sexual predator. 4,123
(H)(I) If an offender is being sentenced for a sexually 4,126
103
oriented offense committed on or after the effective date of this 4,127
amendment, the judge shall include in the sentence a summary of
the offender's duty to register pursuant to section 2950.04 of 4,128
the Revised Code, the offender's duty to provide notice of a 4,129
change in residence address and register the new residence 4,130
address pursuant to section 2950.05 of the Revised Code, the 4,131
offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised 4,132
Code, and the duration of the duties. The judge shall inform the 4,133
offender, at the time of sentencing, of those duties and of their 4,134
duration and, if required under division (A)(2) of section 4,135
2950.03 of the Revised Code, shall perform the duties specified 4,136
in that section. 4,137
Sec. 2929.14. (A) Except as provided in division (C), 4,156
(D)(2), (D)(3), or (D)(4), or (G) of this section and except in 4,157
relation to an offense for which a sentence of death or life 4,158
imprisonment is to be imposed, if the court imposing a sentence 4,159
upon an offender for a felony elects or is required to impose a 4,160
prison term on the offender pursuant to this chapter and is not 4,161
prohibited by division (G)(1) of section 2929.13 of the Revised 4,162
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 4,164
(1) For a felony of the first degree, the prison term 4,166
shall be three, four, five, six, seven, eight, nine, or ten 4,167
years. 4,168
(2) For a felony of the second degree, the prison term 4,170
shall be two, three, four, five, six, seven, or eight years. 4,171
(3) For a felony of the third degree, the prison term 4,173
shall be one, two, three, four, or five years. 4,174
(4) For a felony of the fourth degree, the prison term 4,176
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 4,177
fourteen, fifteen, sixteen, seventeen, or eighteen months. 4,178
(5) For a felony of the fifth degree, the prison term 4,180
shall be six, seven, eight, nine, ten, eleven, or twelve months. 4,182
104
(B) Except as provided in division (C), (D)(2), (D)(3), or 4,185
(G) of this section or in Chapter 2925. of the Revised Code, if 4,186
the court imposing a sentence upon an offender for a felony 4,187
elects or is required to impose a prison term on the offender and 4,188
if the offender previously has not served a prison term, the 4,189
court shall impose the shortest prison term authorized for the 4,190
offense pursuant to division (A) of this section, unless the 4,191
court finds on the record that the shortest prison term will 4,192
demean the seriousness of the offender's conduct or will not 4,193
adequately protect the public from future crime by the offender 4,194
or others. 4,195
(C) Except as provided in division (G) of this section or 4,197
in Chapter 2925. of the Revised Code, the court imposing a 4,198
sentence upon an offender for a felony may impose the longest 4,199
prison term authorized for the offense pursuant to division (A) 4,200
of this section only upon offenders who committed the worst forms 4,201
of the offense, upon offenders who pose the greatest likelihood 4,202
of committing future crimes, upon certain major drug offenders 4,203
under division (D)(3) of this section, and upon certain repeat 4,204
violent offenders in accordance with division (D)(2) of this 4,206
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 4,208
this section, if an offender who is convicted of or pleads guilty 4,209
to a felony also is convicted of or pleads guilty to a 4,210
specification of the type described in section 2941.144 of the 4,211
Revised Code that charges the offender with having a firearm that 4,213
is an automatic firearm or that was equipped with a firearm 4,214
muffler or silencer on or about the offender's person or under 4,216
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 4,217
Revised Code that charges the offender with having a firearm on 4,218
or about the offender's person or under the offender's control 4,219
while committing the offense and displaying the firearm, 4,221
brandishing the firearm, indicating that the offender possessed 4,222
105
the firearm, or using it to facilitate the offense, or a 4,224
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 4,226
or about the offender's person or under the offender's control 4,227
while committing the felony, the court, after imposing a prison 4,228
term on the offender for the felony under division (A), (D)(2), 4,230
or (D)(3) of this section, shall impose an additional prison 4,231
term, determined pursuant to this division, that shall not be 4,232
reduced pursuant to section 2929.20, section 2967.193, or any 4,233
other provision of Chapter 2967. or Chapter 5120. of the Revised 4,234
Code. If the specification is of the type described in section 4,236
2941.144 of the Revised Code, the additional prison term shall be 4,237
six years. If the specification is of the type described in 4,239
section 2941.145 of the Revised Code, the additional prison term 4,241
shall be three years. If the specification is of the type 4,242
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 4,244
than one additional prison term on an offender under this 4,245
division for felonies committed as part of the same act or 4,246
transaction. If a court imposes an additional prison term under 4,247
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 4,248
division.
(ii) Except as provided in division (D)(1)(b) of this 4,251
section, if an offender who is convicted of or pleads guilty to a 4,252
violation of section 2923.161 of the Revised Code or to a felony 4,254
that includes, as an essential element, purposely or knowingly 4,255
causing or attempting to cause the death of or physical harm to 4,256
another, also is convicted of or pleads guilty to a specification 4,257
of the type described in section 2941.146 of the Revised Code 4,260
that charges the offender with committing the offense by 4,261
discharging a firearm from a motor vehicle, as defined in section 4,262
4501.01 of the Revised Code, other than a manufactured home, as 4,265
defined in section 4501.01 of the Revised Code, the court, after 4,267
106
imposing a prison term on the offender for the violation of 4,268
section 2923.161 of the Revised Code or for the other felony 4,270
offense under division (A), (D)(2), or (D)(3) of this section, 4,271
shall impose an additional prison term of five years upon the 4,272
offender that shall not be reduced pursuant to section 2929.20, 4,273
section 2967.193, or any other provision of Chapter 2967. or 4,274
Chapter 5120. of the Revised Code. A court shall not impose more 4,276
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 4,278
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 4,279
also shall impose an additional prison term under division 4,280
(D)(1)(a)(i) of this section relative to the same offense, 4,281
provided the criteria specified in that division for imposing an 4,282
additional prison term are satisfied relative to the offender and 4,283
the offense.
(b) The court shall not impose any of the additional 4,285
prison terms described in division (D)(1)(a) of this section upon 4,288
an offender for a violation of section 2923.12 of the Revised 4,289
Code. The court shall not impose any of the additional prison 4,290
terms described in that division upon an offender for a violation 4,291
of section 2923.13 of the Revised Code unless all of the 4,292
following apply:
(i) The offender previously has been convicted of 4,295
aggravated murder, murder, or any felony of the first or second 4,296
degree.
(ii) Less than five years have passed since the offender 4,299
was released from prison or post-release control, whichever is 4,300
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 4,303
to a felony also is convicted of or pleads guilty to a 4,304
specification of the type described in section 2941.149 of the 4,305
Revised Code that the offender is a repeat violent offender, the 4,307
court shall impose a prison term from the range of terms 4,308
107
authorized for the offense under division (A) of this section 4,309
that may be the longest term in the range and that shall not be 4,310
reduced pursuant to section 2929.20, section 2967.193, or any 4,312
other provision of Chapter 2967. or Chapter 5120. of the Revised 4,313
Code. If the court finds that the repeat violent offender, in 4,315
committing the offense, caused any physical harm that carried a 4,316
substantial risk of death to a person or that involved 4,317
substantial permanent incapacity or substantial permanent 4,318
disfigurement of a person, the court shall impose the longest 4,319
prison term from the range of terms authorized for the offense 4,321
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 4,324
violent offender imposes the longest prison term from the range 4,325
of terms authorized for the offense under division (A) of this 4,326
section, the court may impose on the offender an additional 4,327
definite prison term of one, two, three, four, five, six, seven, 4,328
eight, nine, or ten years if the court finds that both of the 4,329
following apply with respect to the prison terms imposed on the 4,330
offender pursuant to division (D)(2)(a) of this section and, if 4,331
applicable, divisions (D)(1) and (3) of this section: 4,332
(i) The terms so imposed are inadequate to punish the 4,335
offender and protect the public from future crime, because the 4,336
applicable factors under section 2929.12 of the Revised Code 4,339
indicating a greater likelihood of recidivism outweigh the 4,341
applicable factors under that section indicating a lesser
likelihood of recidivism. 4,342
(ii) The terms so imposed are demeaning to the seriousness 4,345
of the offense, because one or more of the factors under section 4,346
2929.12 of the Revised Code indicating that the offender's 4,347
conduct is more serious than conduct normally constituting the 4,348
offense are present, and they outweigh the applicable factors 4,349
under that section indicating that the offender's conduct is less 4,351
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 4,354
108
section 2903.01 or 2907.02 of the Revised Code and the penalty 4,355
imposed for the violation is life imprisonment or commits a 4,356
violation of section 2903.02 of the Revised Code, if the offender 4,357
commits a violation of section 2925.03, 2925.04, or 2925.11 of 4,358
the Revised Code and that section requires the imposition of a 4,360
ten-year prison term on the offender or if a court imposing a 4,361
sentence upon an offender for a felony finds that the offender is 4,362
guilty of a specification of the type described in section 4,363
2941.1410 of the Revised Code, that the offender is a major drug 4,364
offender, is guilty of corrupt activity with the most serious 4,365
offense in the pattern of corrupt activity being a felony of the 4,366
first degree, or is guilty of an attempted forcible violation of 4,367
section 2907.02 of the Revised Code with the victim being under 4,368
thirteen years of age and that attempted violation is the felony 4,369
for which sentence is being imposed, the court shall impose upon 4,370
the offender for the felony violation a ten-year prison term that 4,371
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 4,373
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 4,376
division (D)(3)(a) of this section may impose an additional 4,377
prison term of one, two, three, four, five, six, seven, eight, 4,378
nine, or ten years, if the court, with respect to the term 4,379
imposed under division (D)(3)(a) of this section and, if 4,380
applicable, divisions (D)(1) and (2) of this section, makes both 4,382
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 4,383
this section.
(4) If the offender is being sentenced for a fourth degree 4,385
felony OMVI offense and if division (G)(2) of section 2929.13 of 4,387
the Revised Code requires the sentencing court to impose upon the 4,388
offender a mandatory prison term, the sentencing court shall 4,389
impose upon the offender a mandatory prison term in accordance 4,390
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 4,391
prison term of any duration specified in division (A)(4) of this 4,392
109
section minus the sixty days imposed upon the offender as the 4,393
mandatory prison term. The total of the additional prison term 4,394
imposed under division (D)(4) of this section plus the sixty days 4,395
imposed as the mandatory prison term shall equal one of the 4,396
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 4,397
division (D)(4) of this section, the offender shall serve the 4,398
additional prison term after the offender has served the 4,399
mandatory prison term required for the offense. The court shall 4,400
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 4,401
(E)(1) If a mandatory prison term is imposed upon an 4,404
offender pursuant to division (D)(1)(a) of this section for 4,405
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 4,407
prison term is imposed upon an offender pursuant to division 4,408
(D)(1)(b) of this section for committing a felony specified in 4,409
that division by discharging a firearm from a motor vehicle, the 4,410
offender shall serve the mandatory prison term consecutively to 4,411
and prior to the prison term imposed for the underlying felony 4,412
pursuant to division (A), (D)(2), or (D)(3) of this section or 4,413
any other section of the Revised Code and consecutively to any 4,414
other prison term or mandatory prison term previously or 4,416
subsequently imposed upon the offender. 4,417
(2) If an offender who is an inmate in a jail, prison, or 4,420
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 4,422
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 4,423
offender who is an inmate in a jail, prison, or other residential 4,424
detention facility or is under detention at a detention facility 4,425
commits another felony while the offender is an escapee in 4,427
violation of section 2921.34 of the Revised Code, any prison term 4,429
imposed upon the offender for one of those violations shall be 4,430
110
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 4,432
committed that offense and to any other prison term previously or 4,433
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 4,434
meanings as in section 2921.01 of the Revised Code. 4,435
(3) If multiple prison terms are imposed on an offender 4,437
for convictions of multiple offenses, the court may require the 4,438
offender to serve the prison terms consecutively if the court 4,439
finds that the consecutive service is necessary to protect the 4,440
public from future crime or to punish the offender and that 4,441
consecutive sentences are not disproportionate to the seriousness 4,442
of the offender's conduct and to the danger the offender poses to 4,444
the public, and if the court also finds any of the following: 4,445
(a) The offender committed the multiple offenses while the 4,448
offender was awaiting trial or sentencing, was under a sanction 4,449
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 4,450
Revised Code, or was under post-release control for a prior 4,451
offense.
(b) The harm caused by the multiple offenses was so great 4,454
or unusual that no single prison term for any of the offenses 4,455
committed as part of a single course of conduct adequately 4,456
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 4,458
demonstrates that consecutive sentences are necessary to protect 4,459
the public from future crime by the offender. 4,460
(4) When consecutive prison terms are imposed pursuant to 4,463
division (E)(1), (2), or (3) of this section, the term to be 4,464
served is the aggregate of all of the terms so imposed.
(F) If a court imposes a prison term of a type described 4,467
in division (B) of section 2967.28 of the Revised Code, it shall 4,468
include in the sentence a requirement that the offender be 4,469
subject to a period of post-release control after the offender's 4,470
release from imprisonment, in accordance with that division. If 4,471
111
a court imposes a prison term of a type described in division (C) 4,472
of that section, it shall include in the sentence a requirement 4,473
that the offender be subject to a period of post-release control 4,474
after the offender's release from imprisonment, in accordance 4,475
with that division, if the parole board determines that a period 4,476
of post-release control is necessary. 4,477
(G) If a person is convicted of or pleads guilty to a 4,479
sexually violent offense and also is convicted of or pleads 4,480
guilty to a sexually violent predator specification that was 4,481
included in the indictment, count in the indictment, or 4,482
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 4,483
the Revised Code, and Chapter 2971. of the Revised Code applies 4,484
regarding the prison term or term of life imprisonment without 4,485
parole imposed upon the offender and the service of that term of 4,486
imprisonment.
(H) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 4,487
GUILTY TO A FELONY IS SENTENCED TO A PRISON TERM OR TERM OF 4,488
IMPRISONMENT UNDER THIS SECTION, SECTIONS 2929.02 TO 2929.06 OF 4,489
THE REVISED CODE, SECTION 2971.03 OF THE REVISED CODE, OR ANY 4,490
OTHER PROVISION OF LAW, SECTION 5120.163 OF THE REVISED CODE 4,491
APPLIES REGARDING THE PERSON WHILE THE PERSON IS CONFINED IN A 4,492
STATE CORRECTIONAL INSTITUTION. 4,493
Sec. 2929.16. (A) The court imposing a sentence for a 4,504
felony upon an offender who is not required to serve a mandatory 4,505
prison term may impose any community residential sanction or 4,506
combination of community residential sanctions under this 4,507
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 4,509
mandatory term of local incarceration pursuant to division (G)(1) 4,510
of section 2929.13 of the Revised Code may impose upon the
offender, in addition to the mandatory term of local 4,512
incarceration, a community residential sanction or combination of 4,513
community residential sanctions under this section, and the 4,514
112
offender shall serve or satisfy the sanction or combination of 4,515
sanctions after the offender has served the mandatory term of 4,516
local incarceration required for the offense. Community 4,517
residential sanctions include, but are not limited to, the
following: 4,518
(1) A term of up to six months at a community-based 4,520
correctional facility that serves the county; 4,521
(2) Except as otherwise provided in division (A)(3) of 4,523
this section AND SUBJECT TO DIVISION (D) OF THIS SECTION, a term 4,525
of up to six months in a jail, provided that the court shall not 4,526
impose a sanction under this section that consists of a term in a 4,527
minimum security jail for a felony of the fourth or fifth degree 4,528
that is an offense of violence; 4,529
(3) If the offender is convicted of a fourth degree felony 4,531
OMVI offense and is sentenced pursuant to division (G)(1) of 4,532
section 2929.13 of the Revised Code, SUBJECT TO DIVISION (D) OF 4,533
THIS SECTION, a term of up to one year in a jail less the 4,534
mandatory term of local incarceration of sixty consecutive days 4,536
of imprisonment imposed pursuant to that division; 4,537
(4) A term in a halfway house; 4,539
(5) A term in an alternative residential facility. 4,541
(B) The court that assigns any offender convicted of a 4,544
felony to a residential sanction under this section may authorize 4,545
the offender to be released so that the offender may seek or 4,546
maintain employment, receive education or training, or receive 4,547
treatment. A release pursuant to this division shall be only for 4,548
the duration of time that is needed to fulfill the purpose of the 4,549
release and for travel that reasonably is necessary to fulfill 4,550
the purposes of the release.
(C) If the court assigns an offender to a county jail that 4,553
is not a minimum security misdemeanant jail in a county that has 4,554
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 4,555
the sentence, whether the sheriff of that county may consider the 4,556
113
offender for participation in the county jail industry program. 4,558
During the offender's term in the county jail, the court shall 4,559
retain jurisdiction to modify its specification upon a 4,560
reassessment of the offender's qualifications for participation
in the program. 4,561
(D) IF A COURT SENTENCES AN OFFENDER TO A TERM IN JAIL 4,564
UNDER DIVISION (A)(2) OR (3) OF THIS SECTION AND IF THE SENTENCE 4,566
IS IMPOSED FOR A FELONY OF THE FOURTH OR FIFTH DEGREE THAT IS NOT
AN OFFENSE OF VIOLENCE, THE COURT MAY SPECIFY THAT IT PREFERS 4,567
THAT THE OFFENDER SERVE THE TERM IN A MINIMUM SECURITY JAIL 4,568
ESTABLISHED UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE. 4,569
IF THE COURT INCLUDES A SPECIFICATION OF THAT TYPE IN THE 4,571
SENTENCE AND IF THE ADMINISTRATOR OF THE APPROPRIATE MINIMUM 4,572
SECURITY JAIL OR THE DESIGNEE OF THAT ADMINISTRATOR CLASSIFIES 4,573
THE OFFENDER IN ACCORDANCE WITH SECTION 341.34 OR 753.21 OF THE 4,574
REVISED CODE AS A MINIMAL SECURITY RISK, THE OFFENDER SHALL SERVE 4,575
THE TERM IN THE MINIMUM SECURITY JAIL ESTABLISHED UNDER SECTION 4,576
341.34 OR 753.21 OF THE REVISED CODE. ABSENT A SPECIFICATION OF 4,578
THAT TYPE AND A FINDING OF THAT TYPE, THE OFFENDER SHALL SERVE 4,579
THE TERM IN A JAIL OTHER THAN A MINIMUM SECURITY JAIL ESTABLISHED
UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE. 4,580
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 4,582
GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL 4,583
SANCTION AS DESCRIBED IN DIVISION (A) OF THIS SECTION, AT THE 4,584
TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 4,585
OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, 4,586
HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE 4,587
AT WHICH THE OFFENDER WILL SERVE THE RESIDENTIAL SANCTION
DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE 4,588
OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, 4,589
HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE 4,590
MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND TESTED FOR 4,591
TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES. THE 4,592
PERSON IN CHARGE OF THE OPERATION OF THE COMMUNITY-BASED 4,593
114
CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE, ALTERNATIVE
RESIDENTIAL FACILITY, OR OTHER PLACE AT WHICH THE OFFENDER WILL 4,594
SERVE THE RESIDENTIAL SANCTION MAY CAUSE A CONVICTED OFFENDER IN 4,595
THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE, 4,596
ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE WHO REFUSES TO 4,597
BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER 4,598
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 4,599
Sec. 2929.23. (A) As used in this section: 4,608
(1) "Electronic monitoring device" means either of the 4,610
following: 4,611
(a) Any device that can be operated by electrical or 4,613
battery power and that conforms with all of the following: 4,614
(i) The device has a transmitter that can be attached to a 4,616
person, that will transmit a specified signal to a receiver of 4,617
the type described in division (A)(1)(a)(ii) of this section if 4,618
the transmitter is removed from the person, turned off, or 4,619
altered in any manner without prior court approval in relation to 4,620
electronically monitored house arrest or electronically monitored 4,621
house detention or without prior approval of the department of 4,622
rehabilitation and correction in relation to electronically 4,623
monitored early release THE USE OF AN ELECTRONIC MONITORING 4,624
DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL or otherwise is 4,625
tampered with, that can transmit continuously and periodically a 4,626
signal to that receiver when the person is within a specified 4,627
distance from the receiver, and that can transmit an appropriate 4,628
signal to that receiver if the person to whom it is attached 4,629
travels a specified distance from that receiver. 4,630
(ii) The device has a receiver that can receive 4,632
continuously the signals transmitted by a transmitter of the type 4,633
described in division (A)(1)(a)(i) of this section, can transmit 4,634
continuously those signals by telephone to a central monitoring 4,635
computer of the type described in division (A)(1)(a)(iii) of this 4,636
section, and can transmit continuously an appropriate signal to 4,637
that central monitoring computer if the receiver is turned off or 4,638
115
altered without prior court approval or otherwise tampered with. 4,639
(iii) The device has a central monitoring computer that 4,641
can receive continuously the signals transmitted by telephone by 4,642
a receiver of the type described in division (A)(1)(a)(ii) of 4,643
this section and can monitor continuously the person to whom an 4,644
electronic monitoring device of the type described in division 4,645
(A)(1)(a) of this section is attached. 4,646
(b) Any device that is not a device of the type described 4,648
in division (A)(1)(a) of this section and that conforms with all 4,649
of the following: 4,650
(i) The device includes a transmitter and receiver that 4,652
can monitor and determine the location of a subject person at any 4,653
time, or at a designated point in time, through the use of a 4,654
central monitoring computer or through other electronic means; 4,655
(ii) The device includes a transmitter and receiver that 4,657
can determine at any time, or at a designated point in time, 4,658
through the use of a central monitoring computer or other 4,659
electronic means the fact that the transmitter is turned off or 4,660
altered in any manner without prior approval of the court in 4,661
relation to electronically monitored house arrest or 4,662
electronically monitored house detention or without prior 4,663
approval of the department of rehabilitation and correction in 4,664
relation to electronically monitored early release THE USE OF AN 4,665
ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL 4,666
CONTROL or otherwise is tampered with. 4,668
(2) "Certified electronic monitoring device" means an 4,670
electronic monitoring device that has been certified by the 4,671
superintendent of the bureau of criminal identification and 4,672
investigation pursuant to division (C)(1) of this section. 4,673
(3) "Eligible offender" means a person who has been 4,675
convicted of or pleaded guilty to any offense, except that a 4,676
person is not an "eligible offender" if any of the following 4,678
apply in relation to the person, the offense, or the person and 4,679
the offense: 4,680
116
(a) The person is subject to or is serving a term of life 4,682
imprisonment.
(b) The person is subject to or is serving a mandatory 4,684
prison term imposed under division (F) of section 2929.13, 4,685
division (D) of section 2929.14, or any other section of the 4,686
Revised Code, provided that, after the person has served all of 4,687
the mandatory prison terms so imposed, the person may be an 4,688
eligible offender unless excluded by division (A)(3)(a), (c) or 4,689
(d) of this section. 4,690
(c) The offense is a violation of division (A) of section 4,693
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 4,694
the Revised Code and is serving the mandatory term of local 4,696
incarceration of sixty consecutive days of imprisonment imposed 4,697
under that division, provided that, after the person has served 4,698
all of the mandatory term of local incarceration so imposed, the
person may be an eligible offender unless excluded by division 4,699
(A)(3)(a), (b), or (d) of this section. 4,701
(d) The offense is a violation of division (A) of section 4,704
4511.19 of the Revised Code, and the person is sentenced for that 4,705
offense pursuant to division (G)(2) of section 2929.13 of the 4,706
Revised Code. 4,707
(4) "Electronically monitored house arrest" means a period 4,709
of confinement of an eligible offender in the eligible offender's 4,711
home or in other premises specified by the sentencing court, 4,712
during which period of confinement all of the following apply: 4,713
(a) The eligible offender wears, otherwise has attached to 4,715
the eligible offender's person, or otherwise is subject to 4,716
monitoring by a certified electronic monitoring device, or the 4,718
eligible offender is subject to monitoring by a certified 4,720
electronic monitoring system;
(b) The eligible offender is required to remain in the 4,722
eligible offender's home or other premises specified by the 4,723
sentencing court for the specified period of confinement, except 4,724
117
for periods of time during which the eligible offender is at the 4,726
eligible offender's place of employment or at other premises as 4,727
authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a 4,729
central system that monitors the certified electronic monitoring 4,730
device that is attached to the eligible offender's person or that 4,732
otherwise is being used to monitor the eligible offender and that 4,733
can monitor and determine the eligible offender's location at any 4,735
time or at a designated point in time, or the eligible offender 4,736
is required to participate in monitoring by a certified 4,737
electronic monitoring system; 4,738
(d) The eligible offender is required by the sentencing 4,740
court to report periodically to a person designated by the court; 4,741
(e) The eligible offender is subject to any other 4,743
restrictions and requirements that may be imposed by the 4,744
sentencing court. 4,745
(5) "Electronic monitoring system" means a system by which 4,747
the location of an eligible offender can be verified 4,748
telephonically through the use of voice-activated voice response 4,749
technology that conforms with all of the following: 4,750
(a) It can be programmed to call the telephone or 4,752
telephones assigned to the eligible offender who is the subject 4,754
of the monitoring as often as necessary; 4,755
(b) It is equipped with a voice recognition system that 4,757
can work accurately and reliably under the anticipated conditions 4,758
in which it will operate; 4,759
(c) It is equipped to perform an alarm function if the 4,761
eligible offender who is the subject of monitoring does not 4,763
respond to system commands in the manner required. 4,764
(6) "Certified electronic monitoring system" means an 4,766
electronic monitoring system that has been certified by the 4,767
superintendent of the bureau of criminal identification and 4,768
investigation pursuant to division (C)(1) of this section. 4,769
(7) "Electronically monitored house detention" has the 4,771
118
same meaning as in section 2151.355 of the Revised Code. 4,772
(8) "Electronically monitored early release" has the same 4,774
meaning as in section 5120.071 of the Revised Code TRANSITIONAL 4,775
CONTROL" MEANS THE PROGRAM OF TRANSITIONAL CONTROL ESTABLISHED BY 4,776
THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 4,777
2967.26 OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A 4,778
PROGRAM OF THAT NATURE UNDER THAT SECTION.
(B)(1) Any court may impose as a sanction pursuant to 4,780
sections 2929.15 and 2929.17 of the Revised Code a period of 4,781
electronically monitored house arrest upon an eligible offender 4,782
who is convicted of or pleads guilty to a felony, except that the 4,783
total of any period of electronically monitored house arrest 4,784
imposed upon that eligible offender plus the period of all other 4,785
sanctions imposed upon the same eligible offender pursuant to 4,786
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 4,787
Code shall not exceed five years. Any court may impose a period 4,788
of electronically monitored house arrest upon an eligible 4,789
offender who is convicted of or pleads guilty to a misdemeanor in 4,790
addition to or in lieu of any other sentence imposed or 4,791
authorized for the offense, except that the total of any period 4,792
of electronically monitored house arrest imposed upon that 4,793
eligible offender plus the period of any sentence of imprisonment 4,794
imposed upon the same eligible offender shall not exceed the 4,795
maximum term of imprisonment that could be imposed upon the 4,796
eligible offender pursuant to section 2929.21 of the Revised Code 4,797
and except that, if the offense for which an eligible offender is 4,798
being sentenced is a violation of division (A) of section 4511.19 4,799
or of division (D)(2) of section 4507.02 of the Revised Code, the 4,800
court may impose a period of electronically monitored house 4,801
arrest upon the eligible offender only when authorized by and 4,802
only in the circumstances described in division (A) of section 4,803
4511.99 or division (B) of section 4507.99 of the Revised Code. 4,804
If a court imposes a period of electronically monitored 4,806
house arrest upon an eligible offender, it shall require the 4,807
119
eligible offender to wear, otherwise have attached to the 4,808
eligible offender's person, or otherwise be subject to monitoring 4,810
by a certified electronic monitoring device or to participate in 4,811
the operation of and monitoring by a certified electronic 4,812
monitoring system; to remain in the eligible offender's home or 4,813
other specified premises for the entire period of electronically 4,815
monitored house arrest except when the court permits the eligible 4,816
offender to leave those premises to go to the eligible offender's 4,817
place of employment or to other specified premises; to be 4,818
monitored by a central system that monitors the certified 4,819
electronic monitoring device that is attached to the eligible 4,820
offender's person or that otherwise is being used to monitor the 4,822
eligible offender and that can monitor and determine the eligible 4,824
offender's location at any time or at a designated point in time 4,826
or to be monitored by the certified electronic monitoring system; 4,827
to report periodically to a person designated by the court; and, 4,828
in return for receiving a period of electronically monitored 4,829
house arrest, to enter into a written contract with the court 4,830
agreeing to comply with all restrictions and requirements imposed 4,831
by the court, agreeing to pay any fee imposed by the court for 4,832
the costs of the electronically monitored house arrest imposed by 4,833
the court pursuant to division (E) of this section, and agreeing 4,834
to waive the right to receive credit for any time served on 4,835
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 4,837
the offense for which the period of electronically monitored 4,838
house arrest was imposed if the eligible offender violates any of 4,839
the restrictions or requirements of the period of electronically 4,841
monitored house arrest, and additionally, it may impose any other 4,842
reasonable restrictions and requirements upon the eligible 4,843
offender.
(2) If an eligible offender violates any of the 4,845
restrictions or requirements imposed upon the eligible offender 4,846
as part of the eligible offender's period of electronically 4,848
120
monitored house arrest, the eligible offender shall not receive 4,849
credit for any time served on electronically monitored house 4,850
arrest toward any prison term or sentence of imprisonment imposed 4,851
upon the eligible offender for the offense for which the period 4,853
of electronically monitored house arrest was imposed. 4,854
(C)(1) The superintendent of the bureau of criminal 4,856
identification and investigation, in accordance with this section 4,857
and rules adopted by the superintendent pursuant to division 4,858
(C)(2) of this section, shall certify for use in cases of 4,859
electronically monitored house arrest, IN electronically 4,860
monitored house detention, and electronically monitored early 4,861
release IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL specific 4,862
types and brands of electronic monitoring devices and electronic 4,863
monitoring systems that comply with the requirements of this 4,864
section, section 5120.073 of the Revised Code, and those rules. 4,865
Any manufacturer that, pursuant to this division, seeks to obtain 4,866
the certification of any type or brand of electronic monitoring 4,867
device or electronic monitoring system shall submit to the 4,868
superintendent an application for certification in accordance 4,869
with those rules together with the application fee and costs of 4,870
certification as required by those rules. The superintendent 4,871
shall not certify any electronic monitoring device or electronic 4,872
monitoring system pursuant to this division unless the 4,873
application fee and costs have been paid to the superintendent. 4,874
(2) The superintendent, in accordance with Chapter 119. of 4,876
the Revised Code, shall adopt rules for certifying specific types 4,877
and brands of electronic monitoring devices and electronic 4,878
monitoring systems for use in electronically monitored house 4,879
arrest, IN electronically monitored house detention, and 4,880
electronically monitored early release IN RELATION TO AN INMATE 4,881
ON TRANSITIONAL CONTROL. The rules shall set forth the 4,883
requirements for obtaining the certification, the application fee 4,884
and other costs for obtaining the certification, the procedure 4,885
for applying for certification, and any other requirements and 4,886
121
procedures considered necessary by the superintendent. The rules 4,887
shall require that no type or brand of electronic monitoring 4,888
device or electronic monitoring system be certified unless the 4,889
type or brand of device or system complies with whichever of the 4,890
following is applicable, in addition to any other requirements 4,891
specified by the superintendent:
(a) For electronic monitoring devices of the type 4,893
described in division (A)(1)(a) of this section, the type or 4,894
brand of device complies with all of the following: 4,895
(i) It has a transmitter of the type described in division 4,897
(A)(1)(a)(i) of this section, a receiver of the type described in 4,898
division (A)(1)(a)(ii) of this section, and a central monitoring 4,899
computer of the type described in division (A)(1)(a)(iii) of this 4,900
section; 4,901
(ii) Its transmitter can be worn by or attached to a 4,903
person with a minimum of discomfort during normal activities, is 4,904
difficult to remove, turn off, or otherwise alter without prior 4,905
court approval in relation to electronically monitored house 4,906
arrest or electronically monitored house detention or prior 4,907
approval of the department of rehabilitation and correction in 4,908
relation to electronically monitored early release THE USE OF AN 4,909
ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL 4,910
CONTROL, and will transmit a specified signal to the receiver if 4,912
it is removed, turned off, altered, or otherwise tampered with; 4,913
(iii) Its receiver is difficult to turn off or alter and 4,915
will transmit a signal to the central monitoring computer if it 4,916
is turned off, altered, or otherwise tampered with; 4,917
(iv) Its central monitoring computer is difficult to 4,919
circumvent; 4,920
(v) Its transmitter, receiver, and central monitoring 4,922
computer work accurately and reliably under the anticipated 4,923
conditions under which electronically monitored house arrest or 4,924
electronically monitored house detention will be imposed by 4,925
courts or under which electronically monitored early release AN 4,926
122
ELECTRONIC MONITORING DEVICE will be used by the department of 4,928
rehabilitation and correction IN RELATION TO AN INMATE ON 4,929
TRANSITIONAL CONTROL;
(vi) It has a backup battery power supply that operates 4,931
automatically when the main source of electrical or battery power 4,932
for the device fails. 4,933
(b) For electronic monitoring devices of the type 4,935
described in division (A)(1)(b) of this section, the type or 4,936
brand of device complies with all of the following: 4,937
(i) It has a transmitter and receiver of the type 4,939
described in divisions (A)(1)(b)(i) and (ii) of this section. 4,940
(ii) Its transmitter is difficult to turn off or alter 4,942
without prior court approval in relation to electronically 4,943
monitored house arrest or electronically monitored house 4,944
detention or without prior approval of the department of 4,945
rehabilitation and correction in relation to electronically 4,946
monitored early release THE USE OF AN ELECTRONIC MONITORING 4,947
DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL, and, if the 4,948
transmitter is turned off or altered in any manner without prior 4,950
approval of the court or department or otherwise is tampered 4,951
with, the fact that it has been turned off, altered, or tampered 4,952
with can be determined at any time, or at a designated point in 4,953
time, through the use of a central monitoring computer or through 4,954
other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 4,956
if the receiver is turned off, altered, or otherwise tampered 4,957
with, the fact that it has been turned off, altered, or tampered 4,958
with can be determined at any time, or at a designated point in 4,959
time, through the use of a central monitoring computer or through 4,960
other electronic means. 4,961
(iv) Its central monitoring computer or other means of 4,963
electronic monitoring is difficult to circumvent. 4,964
(v) Its transmitter, receiver, and central monitoring 4,966
computer or other means of electronic monitoring work accurately 4,967
123
and reliably under the anticipated conditions under which 4,968
electronically monitored house arrest, OR electronically 4,969
monitored house detention WILL BE USED, or electronically 4,971
monitored early release UNDER WHICH AN ELECTRONIC MONITORING 4,972
DEVICE will be used BY THE DEPARTMENT OF REHABILITATION AND 4,973
CORRECTION IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL. 4,974
(vi) If it operates on electrical or battery power, it has 4,976
a backup battery power supply that operates automatically when 4,977
the main source of electrical or battery power for the device 4,978
fails, or, if it does not operate on electrical or battery power, 4,979
it has a backup method of operation so that it will continue to 4,980
operate if its main method of operation fails. 4,981
(c) For electronic monitoring systems, the type or brand 4,983
of system complies with all of the following: 4,984
(i) It can be programmed to call the telephone or 4,986
telephones assigned to the person who is the subject of the 4,987
monitoring as often as necessary; 4,988
(ii) It is equipped with a voice recognition system that 4,990
can work accurately and reliably under the anticipated conditions 4,991
in which it will operate; 4,992
(iii) It is equipped to perform an alarm function if the 4,994
person who is the subject of the monitoring does not respond to 4,995
system commands in the manner required. 4,996
(3) The superintendent shall publish and make available to 4,998
all courts and to the department of rehabilitation and 4,999
correction, without charge, a list of all types and brands of 5,000
electronic monitoring devices and electronic monitoring systems 5,001
that have been certified by the superintendent pursuant to 5,002
division (C)(1) of this section and information about the 5,003
manufacturers of the certified devices and systems and places at 5,004
which the devices and systems can be obtained. 5,005
(D) The superintendent of the bureau of criminal 5,007
identification and investigation shall deposit all costs and fees 5,008
collected pursuant to division (C) of this section into the 5,010
124
general revenue fund.
(E)(1) Each county in which is located a court that 5,012
imposes a period of electronically monitored house arrest or 5,013
electronically monitored house detention as a sentencing sanction 5,014
or alternative may establish in the county treasury an 5,016
electronically monitored house arrest and detention fund. The 5,017
clerk of each court that uses that sentencing sanction or 5,018
alternative may deposit into the fund all fees collected from 5,020
eligible offenders upon whom electronically monitored house 5,021
arrest or detention is imposed pursuant to this section, section 5,022
2151.355, or any other section of the Revised Code that 5,023
specifically authorizes the imposition of electronically 5,024
monitored house arrest or detention. Each court that imposes 5,025
electronically monitored house arrest or detention may adopt by 5,026
local court rule a reasonable daily fee to be paid by each 5,027
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 5,028
alternative. The fee may include the actual costs of providing 5,030
house arrest or detention and an additional amount necessary to 5,031
enable the court to provide electronically monitored house arrest 5,032
or detention to indigent eligible offenders. The fund may be 5,033
used only for the payment of the costs of electronically 5,034
monitored house arrest or detention, including, but not limited 5,035
to, the costs of electronically monitored house arrest or 5,036
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 5,038
this section, it shall be in addition to any fine specifically 5,039
authorized or required by any other section of the Revised Code 5,040
for an eligible offender upon whom a period of electronically 5,041
monitored house arrest or detention is imposed as a sentencing 5,042
sanction or alternative.
Sec. 2930.16. (A) If a defendant is incarcerated, a 5,052
victim in a case who has requested to receive notice under this
section shall be given notice of the incarceration of the 5,053
125
defendant. Promptly after sentence is imposed upon the 5,054
defendant, the prosecutor in the case shall notify the victim of 5,055
the date on which the defendant will be released from confinement 5,056
or the prosecutor's reasonable estimate of that date. The 5,057
prosecutor also shall notify the victim of the name of the 5,058
custodial agency of the defendant and tell the victim how to 5,059
contact that custodial agency. The victim shall keep the 5,060
custodial agency informed of the victim's current address and 5,061
telephone number.
(B)(1) Upon the victim's request, the prosecutor promptly 5,063
shall notify the victim of any hearing for judicial release of 5,065
the defendant pursuant to section 2929.20 of the Revised Code and 5,066
of the victim's right to make a statement under that section. 5,067
The court shall notify the victim of its ruling in each of those 5,068
hearings and on each of those applications. 5,069
(2) Upon the request of a victim of a crime that is a 5,071
sexually violent offense and that is committed by a sexually 5,072
violent predator who is sentenced to a prison term pursuant to 5,073
division (A)(3) of section 2971.03 of the Revised Code, the 5,074
prosecutor promptly shall notify the victim of any hearing to be 5,075
conducted pursuant to section 2971.05 of the Revised Code to 5,076
determine whether to modify the requirement that the offender 5,077
serve the entire prison term in a state correctional facility in 5,078
accordance with division (C) of that section, whether to 5,080
continue, revise, or revoke any existing modification of that 5,081
requirement, or whether to terminate the prison term in
accordance with division (D) of that section. The court shall 5,083
notify the victim of any order issued at the conclusion of the 5,084
hearing. As used in this division, "sexually violent offense" 5,086
and "sexually violent predator" have the same meanings as in 5,087
section 2971.01 of the Revised Code.
(C) Upon the victim's request made at any time before the 5,089
particular notice would be due, the custodial agency of a 5,090
defendant shall give the victim any of the following notices that 5,092
126
is applicable:
(1) At least three weeks before the adult parole authority 5,094
recommends a pardon or commutation of sentence for the defendant 5,096
or at least three weeks prior to a hearing before the adult 5,097
parole authority regarding a grant of parole to the defendant, 5,098
notice of the victim's right to submit a statement regarding the 5,099
impact of the defendant's release in accordance with section 5,100
2967.12 of the Revised Code and, if applicable, of the victim's 5,101
right to appear at a full board hearing of the parole board to
give testimony as authorized by section 5149.101 of the Revised 5,102
Code;
(2) At least three weeks before the defendant is granted a 5,104
furlough TRANSFERRED TO TRANSITIONAL CONTROL under section 5,106
2967.26 or under divisions (A)(1)(c) to (g) of section 2967.27 of 5,107
the Revised Code or as soon as practicable before the defendant 5,108
is granted a furlough under division (A)(1)(a) or (b) of section 5,109
2967.27 of the Revised Code, notice of the pendency of the 5,110
furlough TRANSFER and of the victim's right under those sections 5,113
THAT SECTION to submit a statement regarding the impact of the 5,114
release TRANSFER;
(3) At least three weeks before the defendant is permitted 5,116
to serve a portion of the defendant's sentence as a period of 5,119
electronically monitored early release pursuant to section 5,120
5120.073 of the Revised Code, notice of the pendency of the 5,121
electronically monitored early release;
(4) Prompt notice of the defendant's escape from a 5,124
facility of the custodial agency in which the defendant was 5,125
incarcerated, of the defendant's absence without leave from a
mental health or mental retardation and developmental 5,127
disabilities facility or from other custody, and of the capture 5,128
of the defendant after an escape or absence; 5,129
(5)(4) Notice of the defendant's death while in custody; 5,131
(6)(5) Notice of the defendant's release from confinement 5,133
and the TERMS AND conditions of the release. 5,135
127
Sec. 2941.39. When a convict in a state correctional 5,144
institution is indicted for a felony committed while confined in 5,145
the correctional institution, he THE CONVICT shall remain in the 5,146
custody of the warden or superintendent of the institution 5,147
subject to the order of the court of common pleas of the county 5,148
in which the institution is located DEPARTMENT OF REHABILITATION 5,149
AND CORRECTION, SUBJECT TO SECTIONS 2941.40 TO 2941.46 OF THE 5,150
REVISED CODE.
Sec. 2947.19. (A) In a county that has no workhouse but 5,160
in which is located a city that has a workhouse maintained by the 5,161
city, the board of county commissioners may agree with the proper 5,162
authorities of that city upon terms under which persons convicted 5,163
of misdemeanors shall be maintained in the city workhouse at the 5,164
expense of the county. In the case of persons committed to the 5,165
city workhouse for the violation of a law of this state, whether 5,166
the commitment is from the court of common pleas, magistrate's 5,167
court, or other court, the cost of maintaining those persons 5,168
committed shall be paid out of the general fund of the county, on 5,169
the allowance of the board of county commissioners, provided that 5,170
all persons committed to the city workhouse for the violation of 5,171
ordinances of the city shall be maintained in that workhouse at 5,172
the sole cost of the city. 5,173
(B)(1) The board of county commissioners or the 5,175
legislative authority of the city may require a person who was 5,176
convicted of an offense and who is confined in the city workhouse 5,178
as provided in division (A) of this section to reimburse the 5,179
county or the city, as the case may be, for its expenses incurred 5,180
by reason of the person's confinement, including, but not limited 5,181
to, the expenses relating to the provision of food, clothing, 5,182
shelter, medical care, personal hygiene products, including, but 5,183
not limited to, toothpaste, toothbrushes, and feminine hygiene 5,184
items, and up to two hours of overtime costs the sheriff or 5,185
municipal corporation incurred relating to the trial of the 5,186
person. The amount of reimbursement may be the actual cost of 5,187
128
the prisoner's confinement plus the authorized trial overtime 5,188
costs or a lesser amount determined by the board of county
commissioners for the county or the legislative authority of the 5,189
city, provided that the lesser amount shall be determined by a 5,190
formula that is uniformly applied to persons incarcerated in the 5,191
workhouse. The court shall determine the amount of reimbursement 5,192
for the person convicted of the misdemeanor at a hearing held 5,193
pursuant to section 2929.18 of the Revised Code if the person is 5,194
confined for a felony or section 2929.223 of the Revised Code if 5,195
the person is confined for a misdemeanor. The a confined for a 5,196
misdemeanor amount or amounts paid in reimbursement by a prisoner 5,198
confined for a misdemeanor or the amount recovered from a
prisoner confined for a misdemeanor by executing upon the 5,199
judgment obtained pursuant to section 2929.223 of the Revised 5,200
Code shall be paid into the treasury of the county or city that 5,201
incurred the expenses. If a person is convicted of or pleads 5,202
guilty to a felony and the court imposes a sanction that requires 5,203
the offender to serve a term in a city workhouse, sections
341.23, 753.02, 753.04, and 753.16 of the Revised Code govern the 5,204
determination of whether the court may impose a sanction under 5,205
section 2929.18 of the Revised Code that requires the offender to 5,206
reimburse the expenses of confinement. If a person is confined 5,208
for a felony and the court imposes a sanction under section 5,209
2929.18 of the Revised Code that requires the offender to 5,210
reimburse the costs of confinement, the prosecuting attorney of 5,211
the county or city director of law shall bring an action to 5,212
recover the expenses of confinement in accordance with section 5,213
2929.18 of the Revised Code.
(2) The board of county commissioners or the legislative 5,215
authority of the city may adopt a resolution or ordinance 5,216
specifying that a person who is convicted of a felony and who is 5,217
confined in the city workhouse as provided in division (A) of 5,218
this section is not required to reimburse the county or city, as 5,219
the case may be, for its expenses incurred by reason of the 5,220
129
person's confinement, including the expenses listed in division 5,221
(B)(1) of this section. If the board or legislative authority 5,222
adopts a resolution or ordinance of that nature, the court that 5,223
sentences a person convicted of a felony shall not impose a 5,224
sanction under section 2929.18 of the Revised Code that requires 5,225
the person to reimburse the costs of the confinement. 5,226
(C) In lieu of requiring offenders to reimburse the county 5,229
or the city for expenses incurred by reason of the person's
confinement under division (A) of this section, the board of 5,231
county commissioners or the legislative authority of the city may
adopt a prisoner reimbursement policy for the city workhouse 5,232
under this division. The workhouse administrator may appoint a 5,233
reimbursement coordinator to administer the prisoner 5,234
reimbursement policy. A prisoner reimbursement policy adopted
under this division is a policy that requires a person confined 5,235
to the workhouse to reimburse the county or city for any expenses 5,236
it incurs by reason of the person's confinement in the workhouse, 5,237
which expenses may include, but are not limited to, the 5,238
following:
(1) A per diem fee for room and board of not more than 5,240
sixty dollars per day or the actual per diem cost, whichever is 5,241
less for the entire period of time the person is confined to the 5,242
workhouse;
(2) Actual charges for medical and dental treatment; 5,244
(3) Reimbursement for government property damaged by the 5,246
person while confined to the workhouse. 5,247
Rates charged shall be on a sliding scale determined by the 5,249
board of county commissioners or the legislative authority of the 5,250
city, based on the ability of the person confined in the 5,251
workhouse to pay and on consideration of any legal obligation of 5,252
the person to support a spouse, minor children, or other 5,253
dependents and any moral obligation to support dependents to whom
the person is providing or has in fact provided support. 5,254
The reimbursement coordinator or another person designated 5,256
130
by the workhouse administrator may investigate the financial 5,257
status of the confined person and obtain information necessary to 5,258
investigate that status, by means that may include contacting 5,259
employers and reviewing income tax records. The coordinator may 5,260
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 5,261
person's incarceration, the person shall be presented with a 5,262
billing statement.
The reimbursement coordinator or another person designated 5,264
by the workhouse administrator may collect, or the board of 5,265
county commissioners or the legislative authority of the city may 5,266
enter into a contract with one or more public agencies or private 5,267
vendors to collect, any amounts remaining unpaid. Within twelve 5,268
months after the date of the confined person's release, the
prosecuting attorney or city director of law may file a civil 5,269
action to seek reimbursement from that person for any billing 5,270
amount that remains unpaid. The county or city shall not enforce 5,271
any judgment obtained under this section by means of execution 5,272
against the person's homestead. For purposes of this section, 5,273
"homestead" has the same meaning as in division (A) of section 5,274
323.151 of the Revised Code. Any reimbursement received under 5,275
this section shall be credited to the general fund of the county 5,276
or city that bore the expense, to be used for general fund
purposes. 5,277
(D)(1) Notwithstanding any contrary provision in this 5,279
section or section 2929.18 or 2929.223 of the Revised Code, the 5,281
board of county commissioners or the legislative authority of the
city may establish a policy that requires any person who is not 5,282
indigent and who is confined in the city workhouse to pay a 5,283
reasonable fee for any medical treatment or service requested by 5,284
and provided to that person. This fee shall not exceed the 5,285
actual cost of the treatment or service provided. No person 5,286
confined to a city workhouse who is indigent shall be required to 5,287
pay those fees, and no person confined to a city workhouse shall 5,288
131
be denied any necessary medical care because of inability to pay 5,289
those fees.
Upon provision of the requested medical treatment or 5,291
service, payment of the required fee may be automatically 5,292
deducted from a person's account record in the workhouse's 5,293
business office. If the person has no funds in the person's 5,294
account, a deduction may be made at a later date during the
person's confinement in the workhouse if funds later become 5,295
available in the person's account. If the person is released 5,296
from the workhouse and has an unpaid balance of these fees, the 5,297
board of county commissioners or the legislative authority may 5,298
bill the person for payment of the remaining unpaid fees. Fees
received for medical treatment or services shall be paid into the 5,299
commissary fund, if one has been created for the workhouse, or if 5,300
no commissary fund exists, into the county or city treasury. 5,301
(2) If a person confined to a city workhouse is required 5,303
under division (B) of this section or section 2929.18 or 2929.223 5,305
of the Revised Code to reimburse the county or city for expenses 5,306
incurred by reason of the person's confinement to the workhouse,
any fees paid by the person under division (D)(1) of this section 5,308
shall be deducted from the expenses required to be reimbursed
under division (b) of this section or section 2929.18 or 2929.223 5,310
of the Revised Code.
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 5,312
GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN 5,313
DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT 5,314
OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE 5,315
WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF 5,316
THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER
TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND 5,317
OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE OPERATION 5,318
OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE WORKHOUSE 5,319
WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV 5,320
INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED 5,321
132
INVOLUNTARILY.
Sec. 2950.01. As used in this chapter, unless the context 5,330
clearly requires otherwise: 5,331
(A) "Confinement" includes, but is not limited to, a 5,333
community residential sanction imposed pursuant to section 5,334
2929.16 of the Revised Code.
(B) "Habitual sex offender" means a person who is 5,337
convicted of or pleads guilty to a sexually oriented offense and 5,338
who previously has been convicted of or pleaded guilty to one or
more sexually oriented offenses. 5,339
(C) "Prosecutor" has the same meaning as in section 5,342
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 5,344
offenses: 5,345
(1) Regardless of the age of the victim of the offense, a 5,347
violation of section 2907.02, 2907.03, 2907.05, or 2907.12 of the 5,348
Revised Code; 5,349
(2) Any of the following offenses involving a minor, in 5,351
the circumstances specified: 5,352
(a) A violation of section 2905.01, 2905.02, 2905.03, 5,355
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 5,356
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 5,359
when the person who is compelled, induced, procured, encouraged, 5,360
solicited, requested, or facilitated to engage in, paid or agreed 5,361
to be paid for, or allowed to engage in the sexual activity in 5,362
question is under eighteen years of age; 5,363
(c) A violation of division (A)(1) or (3) of section 5,365
2907.321 or 2907.322 of the Revised Code; 5,367
(d) A violation of division (A)(1) or (2) of section 5,369
2907.323 of the Revised Code; 5,370
(e) A violation of division (B)(5) of section 2919.22 of 5,373
the Revised Code when the child who is involved in the offense is 5,374
under eighteen years of age. 5,375
133
(3) Regardless of the age of the victim of the offense, a 5,377
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 5,378
Revised Code, or of division (A) of section 2903.04 of the 5,380
Revised Code, that is committed with a purpose to gratify the 5,382
sexual needs or desires of the offender;
(4) A sexually violent offense; 5,384
(5) A violation of any former law of this state that was 5,386
substantially equivalent to any offense listed in division 5,387
(D)(1), (2), (3), or (4) of this section; 5,388
(6) A violation of an existing or former municipal 5,390
ordinance or law of another state or the United States, or a 5,392
violation under the law applicable in a military court, that is 5,393
or was substantially equivalent to any offense listed in division 5,394
(D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 5,396
complicity in committing any offense listed in division (D)(1), 5,397
(2), (3), (4), (5), or (6) of this section. 5,398
(E) "Sexual predator" means a person who has been 5,401
convicted of or pleaded guilty to committing a sexually oriented 5,402
offense and is likely to engage in the future in one or more
sexually oriented offenses. 5,403
(F) "Supervised release" means a release from a prison 5,405
term, a term of imprisonment, or another type of confinement that 5,407
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or 5,409
probation, under a furlough TRANSITIONAL CONTROL, or under a 5,410
post-release control sanction, and it requires the person to 5,412
report to or be supervised by a parole officer, probation
officer, field officer, or another type of supervising officer. 5,413
(2) The release is any type of release that is not 5,415
described in division (F)(1) of this section and that requires 5,416
the person to report to or be supervised by a probation officer, 5,417
a parole officer, a field officer, or another type of supervising 5,418
officer.
134
(G) An offender is "adjudicated as being a sexual 5,420
predator" if any of the following applies: 5,421
(1) The offender is convicted of or pleads guilty to 5,423
committing, on or after the effective date of this section, a 5,424
sexually oriented offense that is a sexually violent offense and 5,425
also is convicted of or pleads guilty to a sexually violent 5,426
predator specification that was included in the indictment, count 5,428
in the indictment, or information that charged the sexually 5,429
violent offense.
(2) Regardless of when the sexually oriented offense was 5,431
committed, on or after the effective date of this section, the 5,432
offender is sentenced for a sexually oriented offense, and the 5,433
sentencing judge determines pursuant to division (B) of section 5,435
2950.09 of the Revised Code that the offender is a sexual 5,436
predator.
(3) Prior to the effective date of this section, the 5,438
offender was convicted of or pleaded guilty to, and was sentenced 5,440
for, a sexually oriented offense, the offender is imprisoned in a 5,441
state correctional institution on or after the effective date of 5,442
this section, and, prior to the offender's release from 5,443
imprisonment, the court determines pursuant to division (C) of 5,444
section 2950.09 of the Revised Code that the offender is a sexual 5,445
predator.
(H) "Sexually violent predator specification" and 5,447
"sexually violent offense" have the same meanings as in section 5,449
2971.01 of the Revised Code.
(I) "POST-RELEASE CONTROL SANCTION" AND "TRANSITIONAL 5,451
CONTROL" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE 5,452
REVISED CODE.
Sec. 2963.35. The chief of the adult parole authority 5,461
BUREAU OF SENTENCE COMPUTATION OR ANOTHER INDIVIDUAL SPECIFIED BY 5,462
THE DIRECTOR OF REHABILITATION AND CORRECTION is designated as 5,463
the administrator as required by Article VII of the agreement 5,464
adopted pursuant to section 2963.30 of the Revised Code. The 5,465
135
administrator, acting jointly with like officers of other party 5,466
states, shall, in accordance with Chapter 119. of the Revised 5,467
Code, promulgate rules and regulations to carry out the terms of
the agreement. The administrator is authorized and empowered to 5,468
cooperate with all departments, agencies, and officers of this 5,469
state and its political subdivisions, in facilitating the proper 5,470
administration of the agreement or of any supplementary agreement 5,471
or agreements entered into by this state thereunder. 5,472
Sec. 2967.01. As used in this chapter: 5,481
(A) "State correctional institution" includes any 5,484
institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, 5,485
care, or treatment of criminal, delinquent, or psychologically or 5,486
psychiatrically disturbed offenders. 5,487
(B) "Pardon" means the remission of penalty by the 5,489
governor in accordance with the power vested in the governor by 5,490
the constitution. 5,491
(C) "Commutation" or "commutation of sentence" means the 5,493
substitution by the governor of a lesser for a greater 5,494
punishment. A stated prison term may be commuted without the 5,496
consent of the convict, except when granted upon the acceptance 5,497
and performance by the convict of conditions precedent. After 5,498
commutation, the commuted prison term shall be the only one in 5,499
existence. The commutation may be stated in terms of commuting 5,500
from a named offense to a lesser included offense with a shorter 5,502
prison term, in terms of commuting from a stated prison term in 5,503
months and years to a shorter prison term in months and years, or 5,504
in terms of commuting from any other stated prison term to a 5,505
shorter prison term.
(D) "Reprieve" means the temporary suspension by the 5,507
governor of the execution of a sentence or prison term. The 5,508
governor may grant a reprieve without the consent of and against 5,509
the will of the convict.
(E) "Parole" means, regarding a prisoner who is serving a 5,511
136
prison term for aggravated murder or murder, who is serving a 5,512
prison term of life imprisonment for rape or felonious sexual 5,513
penetration, or who was sentenced prior to the effective date of 5,514
this amendment, a release of the prisoner from confinement in any 5,515
state correctional institution by the adult parole authority that 5,516
is subject to the eligibility criteria specified in this chapter 5,517
and that is under the terms and conditions, and for the period of
time, prescribed by the authority in its published rules and 5,518
official minutes or required by division (A) of section 2967.131 5,519
of the Revised Code or another provision of this chapter. 5,520
(F) "Head of a state correctional institution" or "head of 5,523
the institution" means the resident head of the institution and 5,524
the person immediately in charge of the institution, whether 5,525
designated warden, superintendent, or any other name by which the 5,526
head is known.
(G) "Convict" means a person who has been convicted of a 5,528
felony under the laws of this state, whether or not actually 5,529
confined in a state correctional institution, unless the person 5,530
has been pardoned or has served the person's sentence or prison 5,531
term. 5,532
(H) "Prisoner" means a person who is in actual confinement 5,534
in a state correctional institution. 5,535
(I) "Parolee" means any inmate who has been released from 5,537
confinement on parole by order of the adult parole authority or 5,538
conditionally pardoned, who is under supervision of the adult 5,539
parole authority and has not been granted a final release, and 5,540
who has not been declared in violation of the inmate's parole by 5,541
the authority or is performing the prescribed conditions of a 5,542
conditional pardon. 5,543
(J) "Releasee" means an inmate who has been released from 5,545
confinement pursuant to section 2967.28 of the Revised Code under 5,547
a period of post-release control that includes one or more
post-release control sanctions. 5,548
(K) "Final release" means a remission by the adult parole 5,550
137
authority of the balance of the sentence or prison term of a 5,551
parolee or prisoner or the termination by the authority of a term 5,552
of post-release control of a releasee. 5,553
(L) "Parole violator" or "release violator" means any 5,555
parolee or releasee who has been declared to be in violation of 5,556
the condition of parole or post-release control specified in 5,557
division (A) of section 2967.131 of the Revised Code or in 5,558
violation of any other term, condition, or rule of the parolee's 5,559
or releasee's parole or of the parolee's or releasee's 5,560
post-release control sanctions, the determination of which has 5,561
been made by the adult parole authority and recorded in its 5,562
official minutes.
(M) "Administrative release" means a termination of 5,564
jurisdiction over a particular sentence or prison term by the 5,565
adult parole authority for administrative convenience. 5,566
(N) "Furloughee" means a prisoner who has been released to 5,568
conditional confinement by the adult parole authority pursuant to 5,569
section 2967.26 of the Revised Code or who has been released by 5,570
the department of rehabilitation and correction pursuant to 5,571
section 2967.27 of the Revised Code. 5,572
(O) "Post-release control" and "post-release control 5,574
sanction" have the same meanings as in section 2967.28 of the 5,577
Revised Code MEANS A PERIOD OF SUPERVISION BY THE ADULT PAROLE 5,578
AUTHORITY AFTER A PRISONER'S RELEASE FROM IMPRISONMENT THAT 5,579
INCLUDES ONE OR MORE POST-RELEASE CONTROL SANCTIONS IMPOSED UNDER 5,580
SECTION 2967.28 OF THE REVISED CODE. 5,581
(O) "POST-RELEASE CONTROL SANCTION" MEANS A SANCTION THAT 5,584
IS AUTHORIZED UNDER SECTIONS 2929.16 TO 2929.18 OF THE REVISED 5,586
CODE AND THAT IS IMPOSED UPON A PRISONER UPON THE PRISONER'S 5,587
RELEASE FROM A PRISON TERM. 5,589
(P) "Prison COMMUNITY CONTROL SANCTION," "PRISON term," 5,592
"MANDATORY PRISON TERM," and "stated prison term" have the same 5,593
meanings as in section 2929.01 of the Revised Code. 5,594
(Q) "TRANSITIONAL CONTROL" MEANS CONTROL OF A PRISONER 5,596
138
UNDER THE TRANSITIONAL CONTROL PROGRAM ESTABLISHED BY THE 5,597
DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 2967.26 5,598
OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A PROGRAM OF 5,599
THAT NATURE UNDER THAT SECTION.
Sec. 2967.131. (A) In addition to any other terms and 5,608
conditions of a conditional pardon, OR parole, furlough OF 5,609
TRANSITIONAL CONTROL, or other OF ANOTHER form of authorized 5,612
release from confinement in a state correctional institution that
is granted to an individual and that involves the placement of 5,613
the individual under the supervision of the adult parole 5,614
authority, and in addition to any other sanctions of post-release 5,615
control of a felon imposed under section 2967.28 of the Revised 5,616
Code, the authority or, in the case of a conditional pardon, the 5,617
governor shall include in the terms and conditions of the 5,618
conditional pardon, parole, furlough TRANSITIONAL CONTROL, or 5,619
other form of authorized release or shall include as a condition 5,621
of the post-release control the condition that the parolee,
furloughee, or releasee INDIVIDUAL OR FELON abide by the law, 5,623
including, but not limited to, complying with the provisions of 5,624
Chapter 2923. of the Revised Code relating to the possession, 5,625
sale, furnishing, transfer, disposition, purchase, acquisition,
carrying, conveying, or use of, or other conduct involving, a 5,626
firearm or dangerous ordnance, as defined in section 2923.11 of 5,627
the Revised Code, during the period of the parolee's, 5,628
furloughee's, or releasee's INDIVIDUAL'S OR FELON'S conditional 5,630
pardon, parole, furlough TRANSITIONAL CONTROL, other form of 5,631
authorized release, or post-release control. 5,633
(B) During the period of a conditional pardon, OR parole, 5,635
furlough OF TRANSITIONAL CONTROL, or other OF ANOTHER form of 5,638
authorized release from confinement in a state correctional
institution that is granted to an individual and that involves 5,639
the placement of the individual under the supervision of the 5,640
adult parole authority, and during a period of post-release 5,641
control of a felon imposed under section 2967.28 of the Revised 5,642
139
Code, authorized field officers of the authority who are engaged 5,643
within the scope of their supervisory duties or responsibilities 5,644
may search, with or without a warrant, the person of the parolee, 5,645
furloughee, or releasee INDIVIDUAL OR FELON, the place of 5,647
residence of the parolee, furloughee, or releasee INDIVIDUAL OR
FELON, and a motor vehicle, another item of tangible or 5,649
intangible personal property, or other real property in which the 5,650
parolee, furloughee, or releasee INDIVIDUAL OR FELON has a right, 5,652
title, or interest or for which the parolee, furloughee, or 5,653
releasee INDIVIDUAL OR FELON has the express or implied 5,655
permission of a person with a right, title, or interest to use, 5,657
occupy, or possess, if the field officers have reasonable grounds 5,659
to believe that the parolee, furloughee, or releasee INDIVIDUAL 5,660
OR FELON is not abiding by the law or otherwise is not complying 5,661
with the terms and conditions of the parolee's, furloughee's, or 5,662
releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole, 5,663
furlough TRANSITIONAL CONTROL, other form of authorized release, 5,666
or post-release control. The authority shall provide each 5,667
parolee, furloughee, or releasee INDIVIDUAL WHO IS GRANTED A 5,668
CONDITIONAL PARDON OR PAROLE, TRANSITIONAL CONTROL, OR ANOTHER 5,669
FORM OF AUTHORIZED RELEASE FROM CONFINEMENT IN A STATE
CORRECTIONAL INSTITUTION AND EACH FELON WHO IS UNDER POST-RELEASE 5,670
CONTROL with a written notice that informs the parolee, 5,672
furloughee, or releasee INDIVIDUAL OR FELON that authorized field 5,674
officers of the authority who are engaged within the scope of 5,677
their supervisory duties or responsibilities may conduct those 5,678
types of searches during the period of the conditional pardon, 5,679
parole, furlough TRANSITIONAL CONTROL, other form of authorized 5,680
release, or post-release control if they have reasonable grounds 5,681
to believe that the parolee, furloughee, or releasee INDIVIDUAL 5,682
OR FELON is not abiding by the law or otherwise is not complying 5,683
with the terms and conditions of the parolee's, furloughee's, or 5,684
releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole, 5,686
furlough TRANSITIONAL CONTROL, other form of authorized release, 5,688
140
or post-release control.
Sec. 2967.14. (A) The adult parole authority may require 5,697
a parolee or releasee to reside in a halfway house or other 5,698
suitable community residential center that has been licensed by 5,699
the division of parole and community services pursuant to 5,700
division (C) of this section during a part or for the entire 5,702
period of the parolee's conditional release or of the releasee's 5,703
term of post-release control. The court of common pleas that
placed an offender under a sanction consisting of a term in a 5,704
halfway house or in an alternative residential sanction may 5,706
require the offender to reside in a halfway house or other
suitable community residential center that is designated by the 5,707
court and that has been licensed by the division pursuant to 5,708
division (C) of this section during a part or for the entire 5,709
period of the offender's residential sanction. 5,710
(B) The division of parole and community services may 5,712
enter into agreements with any public or private agency or a 5,713
department or political subdivision of the state that operates a 5,714
halfway house or community residential center that has been 5,715
licensed by the division pursuant to division (C) of this 5,716
section. An agreement under this division shall provide for 5,717
housing, supervision, and other services that are required for 5,718
parolees, releasees, and persons placed under a residential 5,719
sanction PERSONS who have been assigned to a halfway house or 5,721
community residential center, INCLUDING PAROLEES, RELEASEES, 5,722
PERSONS PLACED UNDER A RESIDENTIAL SANCTION, PERSONS UNDER 5,723
TRANSITIONAL CONTROL, AND OTHER ELIGIBLE OFFENDERS AS DEFINED IN 5,724
RULES ADOPTED BY THE DIRECTOR OF REHABILITATION AND CORRECTION IN 5,725
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. An agreement 5,726
under this division shall provide for per diem payments to the 5,727
agency, department, or political subdivision on behalf of each 5,728
parolee and releasee assigned to and each person placed under a 5,729
residential sanction in a halfway house or community residential 5,730
center that is operated by the agency, department, or political 5,731
141
subdivision and that has been licensed by the division. The per 5,732
diem payments shall be equal to the halfway house's or community 5,733
residential center's average daily per capita costs with its 5,734
facility at full occupancy. The per diem payments shall not 5,735
exceed the total operating costs of the halfway house or 5,736
community residential center during the term of an agreement. The 5,738
director of rehabilitation and correction shall adopt rules in 5,739
accordance with Chapter 119. of the Revised Code for determining 5,740
includable and excludable costs and income to be used in 5,741
computing the agency's average daily per capita costs with its
facility at full occupancy. 5,742
The department of rehabilitation and correction may use a 5,744
portion of the amount appropriated to the department each fiscal 5,745
year for the halfway house and community residential center 5,746
program to pay for contracts for nonresidential services for 5,747
offenders under the supervision of the adult parole authority. 5,748
The nonresidential services may include, but are not limited to, 5,749
treatment for substance abuse, mental health counseling, and 5,750
counseling for sex offenders. 5,751
(C) The division of parole and community services may 5,753
license a halfway house or community residential center as a 5,754
suitable facility for the care and treatment of adult offenders 5,755
only if the halfway house or community residential center 5,756
complies with the standards that the division adopts in 5,757
accordance with Chapter 119. of the Revised Code for the 5,758
licensure of halfway houses and community residential centers. 5,759
The division shall annually inspect each licensed halfway house 5,760
and licensed community residential center to determine if it is 5,761
in compliance with the licensure standards.
Sec. 2967.141. (A) AS USED IN THIS SECTION, "ALTERNATIVE 5,764
RESIDENTIAL FACILITY" HAS THE SAME MEANING AS IN SECTION 2929.01 5,765
OF THE REVISED CODE. 5,766
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION, 5,769
THROUGH ITS DIVISION OF PAROLE AND COMMUNITY SERVICES, MAY 5,770
142
OPERATE OR CONTRACT FOR THE OPERATION OF ONE OR MORE VIOLATION 5,771
SANCTION CENTERS AS AN ALTERNATIVE RESIDENTIAL FACILITY. A 5,772
VIOLATION SANCTION CENTER OPERATED UNDER AUTHORITY OF THIS 5,773
DIVISION IS NOT A PRISON WITHIN THE MEANING OF DIVISION (CC) OF 5,774
SECTION 2929.01 OF THE REVISED CODE. A VIOLATION SANCTION CENTER
OPERATED UNDER AUTHORITY OF THIS DIVISION MAY BE USED FOR EITHER 5,775
OF THE FOLLOWING PURPOSES: 5,776
(1) SERVICE OF THE TERM OF A MORE RESTRICTIVE POST-RELEASE 5,779
CONTROL SANCTION THAT THE PAROLE BOARD, SUBSEQUENT TO A HEARING, 5,780
IMPOSES PURSUANT TO DIVISION (F)(2) OF SECTION 2967.28 OF THE 5,782
REVISED CODE UPON A RELEASEE WHO HAS VIOLATED A POST-RELEASE 5,783
CONTROL SANCTION IMPOSED UPON THE RELEASEE UNDER THAT SECTION; 5,784
(2) SERVICE OF A SANCTION THAT THE ADULT PAROLE AUTHORITY 5,786
OR PAROLE BOARD IMPOSES UPON A PAROLEE WHOM THE AUTHORITY 5,787
DETERMINES TO BE A PAROLE VIOLATOR BECAUSE OF A VIOLATION OF THE 5,788
TERMS AND CONDITIONS OF THE PAROLEE'S PAROLE OR CONDITIONAL 5,789
PARDON. 5,790
(C) IF A VIOLATION SANCTION CENTER IS ESTABLISHED UNDER 5,793
THE AUTHORITY OF THIS SECTION, NOTWITHSTANDING THE FACT THAT THE 5,794
CENTER IS AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE PURPOSES 5,795
DESCRIBED IN DIVISION (B) OF THIS SECTION, THE CENTER SHALL BE 5,797
USED ONLY FOR THE PURPOSES DESCRIBED IN THAT DIVISION. A
VIOLATION SANCTION CENTER ESTABLISHED UNDER THE AUTHORITY OF THIS 5,798
SECTION IS NOT AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE 5,799
PURPOSE OF IMPOSING SENTENCE ON AN OFFENDER WHO IS CONVICTED OF 5,800
OR PLEADS GUILTY TO A FELONY, AND A COURT THAT IS SENTENCING AN 5,802
OFFENDER FOR A FELONY PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF
THE REVISED CODE SHALL NOT SENTENCE THE OFFENDER TO A COMMUNITY 5,804
RESIDENTIAL SANCTION THAT REQUIRES THE OFFENDER TO SERVE A TERM 5,805
IN THE CENTER.
(D) IF A RELEASEE IS ORDERED TO SERVE A SANCTION IN A 5,807
VIOLATION SANCTION CENTER, AS DESCRIBED IN DIVISION (B)(1) OF 5,808
THIS SECTION, ALL OF THE FOLLOWING APPLY: 5,809
(1) THE RELEASEE SHALL NOT BE CONSIDERED TO BE UNDER A NEW 5,811
143
PRISON TERM FOR A VIOLATION OF POST-RELEASE CONTROL. 5,812
(2) THE TIME THE RELEASEE SERVES IN THE CENTER SHALL NOT 5,814
COUNT TOWARD, AND SHALL NOT BE CONSIDERED IN DETERMINING, THE 5,815
MAXIMUM CUMULATIVE PRISON TERM FOR ALL VIOLATIONS THAT IS 5,816
DESCRIBED IN DIVISION (F)(3) OF SECTION 2967.28 OF THE REVISED 5,817
CODE.
(3) THE TIME THE RELEASEE SERVES IN THE CENTER SHALL COUNT 5,819
AS PART OF, AND SHALL BE CREDITED TOWARD, THE REMAINING PERIOD OF 5,820
POST-RELEASE CONTROL THAT IS APPLICABLE TO THE RELEASEE. 5,821
Sec. 2967.15. (A) If an adult parole authority field 5,830
officer has reasonable cause to believe that a person who is a 5,831
parolee, furloughee, or other releasee, WHO IS UNDER TRANSITIONAL 5,832
CONTROL, OR WHO IS UNDER ANOTHER FORM OF AUTHORIZED RELEASE AND 5,833
WHO IS under the supervision of the adult parole authority has 5,835
violated or is violating the condition of a conditional pardon, 5,836
parole, furlough, other form of authorized release, TRANSITIONAL 5,838
CONTROL, or post-release control specified in division (A) of 5,840
section 2967.131 of the Revised Code or any other term or 5,841
condition of the person's conditional pardon, parole, furlough, 5,842
other form of authorized release, TRANSITIONAL CONTROL, or 5,843
post-release control, the field officer may arrest the person 5,845
without a warrant or order a peace officer to arrest the person 5,846
without a warrant. A person so arrested shall be confined in the 5,847
jail of the county in which the person is arrested or in another 5,848
facility designated by the chief of the adult parole authority 5,849
until a determination is made regarding the person's release
status. Upon making an arrest under this section, the arresting 5,850
or supervising adult parole authority field officer promptly 5,851
shall notify the superintendent of parole supervision or the 5,852
superintendent's designee, in writing, that the person has been 5,855
arrested and is in custody and submit in detail an appropriate 5,856
report of the reason for the arrest. 5,857
(B) Except as otherwise provided in this division, prior 5,859
to the revocation by the adult parole authority of a person's 5,861
144
pardon, parole, furlough TRANSITIONAL CONTROL, or other release 5,862
and prior to the imposition by the parole board or adult parole 5,863
authority of a new prison term as a post-release control sanction 5,864
for a person, the adult parole authority shall grant the person a 5,865
hearing in accordance with rules adopted by the department of 5,866
rehabilitation and correction under Chapter 119. of the Revised 5,867
Code. The adult parole authority is not required to grant the
person a hearing if the person is convicted of or pleads guilty 5,868
to an offense that the person committed while released on a 5,869
pardon, on parole, furlough TRANSITIONAL CONTROL, or other 5,870
ANOTHER FORM OF release, or on post-release control and upon 5,872
which the revocation of the person's pardon, parole, furlough 5,873
TRANSITIONAL CONTROL, other release, or post-release control is 5,874
based. 5,875
If a person who has been pardoned is found to be a violator 5,877
of the conditions of the parolee's conditional pardon or 5,878
commutation of sentence, the authority forthwith shall transmit 5,879
to the governor its recommendation concerning that violation, and 5,880
the violator shall be retained in custody until the governor 5,881
issues an order concerning that violation. 5,882
If the authority fails to make a determination of the case 5,884
of a parolee or releasee alleged to be a violator of the terms 5,885
and conditions of the parolee's or releasee's conditional pardon, 5,886
parole, other release, or post-release control sanctions within a 5,887
reasonable time, the parolee or releasee shall be released from 5,889
custody under the same terms and conditions of the parolee's or 5,890
releasee's original conditional pardon, parole, other release, or 5,891
post-release control sanctions. 5,892
(C)(1) If a person who is a parolee, furloughee, or other 5,894
releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER 5,895
ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE 5,896
ADULT PAROLE AUTHORITY absconds from supervision, the 5,897
superintendent SUPERVISING ADULT PAROLE AUTHORITY FIELD OFFICER 5,898
shall report that fact to the authority SUPERINTENDENT OF PAROLE 5,900
145
SUPERVISION, in writing, and the authority shall enter an order 5,902
upon its official minutes declaring DECLARE that person to be a 5,903
violator at large. The superintendent, upon UPON being advised 5,905
of the apprehension and availability for return of a violator at 5,906
large, THE SUPERINTENDENT OF PAROLE SUPERVISION shall recommend 5,907
to the authority that DETERMINE WHETHER the violator at large 5,908
SHOULD be returned to the institution or restored to parole, 5,909
furlough TRANSITIONAL CONTROL, other ANOTHER form of authorized 5,911
release, or post-release control. If the violator is not 5,912
restored to parole, furlough, other form of authorized release, 5,913
or post-release control, the violator shall be returned to a 5,915
state correctional institution.
The time between the date on which a person who is a 5,917
parolee, furloughee, or other releasee is declared to be a 5,919
violator or violator at large and the date on which that person 5,920
is returned to custody in this state under the immediate control 5,921
of the adult parole authority shall not be counted as time served 5,922
under the sentence imposed on that person or as a part of the 5,923
term of post-release control.
(2) A furloughee or a releasee other than a person who is 5,926
released on parole, conditional pardon, or post-release control 5,927
PERSON WHO IS UNDER TRANSITIONAL CONTROL OR WHO IS UNDER ANY FORM 5,929
OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE ADULT PAROLE 5,930
AUTHORITY is considered to be in custody while UNDER THE 5,931
TRANSITIONAL CONTROL OR on furlough or other release, and, if the 5,934
furloughee or releasee PERSON absconds from supervision, the 5,935
furloughee or releasee PERSON may be prosecuted for the offense 5,936
of escape. 5,937
(D) A person who is a parolee, furloughee, or other 5,939
releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER 5,941
ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE 5,942
ADULT PAROLE AUTHORITY and who has violated a term or condition 5,944
of the person's conditional pardon, parole, furlough TRANSITIONAL 5,945
CONTROL, other form of authorized release, or post-release 5,946
146
control shall be declared to be a violator if the person is 5,948
committed to a correctional institution outside the state to 5,949
serve a sentence imposed upon the person by a federal court or a 5,950
court of another state or if the person otherwise leaves the 5,951
state.
(E) As used in this section, "peace officer" has the same 5,953
meaning as in section 2935.01 of the Revised Code. 5,954
Sec. 2967.191. The adult parole authority DEPARTMENT OF 5,963
REHABILITATION AND CORRECTION shall reduce the stated prison term 5,965
of a prisoner OR, IF THE PRISONER IS SERVING A TERM FOR WHICH 5,966
THERE IS PAROLE ELIGIBILITY, THE MINIMUM AND MAXIMUM TERM OR THE
PAROLE ELIGIBILITY DATE OF THE PRISONER by the total number of 5,967
days that the prisoner was confined for any reason arising out of 5,968
the offense for which the prisoner was convicted and sentenced, 5,969
including confinement in lieu of bail while awaiting trial, 5,970
confinement for examination to determine the prisoner's 5,972
competence to stand trial or sanity, and confinement while
awaiting transportation to the place where the prisoner is to 5,974
serve the prisoner's prison term.
Sec. 2967.22. Whenever it is brought to the attention of 5,983
the adult parole authority or a county department of probation 5,984
that a parolee, furloughee, probationer, PERSON UNDER 5,985
TRANSITIONAL CONTROL, or releasee appears to be a mentally ill 5,988
person subject to hospitalization by court order, as defined in 5,989
section 5122.01 of the Revised Code, or a mentally retarded
person subject to institutionalization by court order, as defined 5,990
in section 5123.01 of the Revised Code, the parole or probation 5,991
officer, subject to the approval of the chief of the adult parole 5,993
authority, the designee of the chief of the adult parole 5,994
authority, or the chief probation officer, may file an affidavit 5,995
under section 5122.11 or 5123.71 of the Revised Code. A parolee, 5,996
probationer, or releasee who is involuntarily detained under 5,998
Chapter 5122. or 5123. of the Revised Code shall receive credit 5,999
against the period of parole or probation or the term of
147
post-release control for the period of involuntary detention. 6,000
If a parolee, probationer, furloughee PERSON UNDER 6,002
TRANSITIONAL CONTROL, or releasee escapes from an institution or 6,004
facility within the department of mental health or the department 6,005
of mental retardation and developmental disabilities, the 6,006
superintendent of the institution immediately shall notify the 6,007
chief of the adult parole authority or the chief probation 6,008
officer. Notwithstanding the provisions of section 5122.26 of 6,009
the Revised Code, the procedure for the apprehension, detention, 6,010
and return of the parolee, probationer, furloughee PERSON UNDER 6,011
TRANSITIONAL CONTROL, or releasee is the same as that provided 6,012
for the apprehension, detention, and return of persons who escape 6,013
from institutions operated by the department of rehabilitation 6,014
and correction. If the escaped parolee, furloughee PERSON UNDER 6,015
TRANSITIONAL CONTROL, or releasee is not apprehended and returned 6,017
to the custody of the department of mental health or the 6,018
department of mental retardation and developmental disabilities 6,019
within ninety days after the escape, the parolee, furloughee 6,020
PERSON UNDER TRANSITIONAL CONTROL, or releasee shall be 6,021
discharged from the custody of the department of mental health or 6,023
the department of mental retardation and developmental 6,024
disabilities and returned to the custody of the department of 6,025
rehabilitation and correction. If the escaped probationer is not 6,026
apprehended and returned to the custody of the department of 6,027
mental health or the department of mental retardation and 6,028
developmental disabilities within ninety days after the escape, 6,029
the probationer shall be discharged from the custody of the 6,030
department of mental health or the department of mental 6,031
retardation and developmental disabilities and returned to the 6,032
custody of the court that sentenced the probationer. 6,033
Sec. 2967.26. (A)(1) Subject to disapproval by the 6,042
sentencing judge, the adult parole authority may grant furloughs 6,044
to trustworthy prisoners, other than those serving a prison term
or term of life imprisonment without parole imposed pursuant to 6,045
148
section 2971.03 of the Revised Code or a sentence of imprisonment 6,047
for life imposed for an offense committed on or after October 19, 6,048
1981, who are confined in any state correctional institution for 6,049
the purpose of employment, vocational training, educational 6,050
programs, or other programs designated by the director of 6,051
rehabilitation and correction within this state. The adult 6,052
parole authority shall not grant a furlough under this section to 6,053
a prisoner who is serving a prison term or term of life 6,054
imprisonment without parole imposed pursuant to section 2971.03 6,055
of the Revised Code or a sentence of imprisonment for life 6,056
imposed for an offense committed on or after October 19, 1981. 6,057
Additionally, the adult parole authority shall not grant a 6,059
prisoner a furlough under this section if the prisoner has more 6,060
than six months of imprisonment to serve until the prisoner's
parole eligibility, as determined under section 2967.13 of the 6,061
Revised Code, or until the expiration of the prisoner's stated 6,062
prison term THE DEPARTMENT OF REHABILITATION AND CORRECTION, BY 6,063
RULE, MAY ESTABLISH A TRANSITIONAL CONTROL PROGRAM FOR THE 6,064
PURPOSE OF CLOSELY MONITORING A PRISONER'S ADJUSTMENT TO 6,065
COMMUNITY SUPERVISION DURING THE FINAL ONE HUNDRED EIGHTY DAYS OF 6,066
THE PRISONER'S CONFINEMENT. IF THE DEPARTMENT ESTABLISHES A 6,067
TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, THE ADULT 6,068
PAROLE AUTHORITY MAY TRANSFER ELIGIBLE PRISONERS TO TRANSITIONAL 6,069
CONTROL STATUS UNDER THE PROGRAM DURING THE FINAL ONE HUNDRED 6,070
EIGHTY DAYS OF THEIR CONFINEMENT AND UNDER THE TERMS AND 6,071
CONDITIONS ESTABLISHED BY THE DEPARTMENT, SHALL PROVIDE FOR THE 6,072
CONFINEMENT AS PROVIDED IN THIS DIVISION OF EACH ELIGIBLE 6,073
PRISONER SO TRANSFERRED, AND SHALL SUPERVISE EACH ELIGIBLE 6,074
PRISONER SO TRANSFERRED IN ONE OR MORE COMMUNITY CONTROL 6,075
SANCTIONS. EACH ELIGIBLE PRISONER WHO IS TRANSFERRED TO 6,076
TRANSITIONAL CONTROL STATUS UNDER THE PROGRAM SHALL BE CONFINED 6,077
IN A SUITABLE FACILITY THAT IS LICENSED PURSUANT TO DIVISION (C) 6,079
OF SECTION 2967.14 OF THE REVISED CODE, OR SHALL BE CONFINED IN A 6,080
RESIDENCE THE DEPARTMENT HAS APPROVED FOR THIS PURPOSE AND BE 6,081
149
MONITORED PURSUANT TO AN ELECTRONIC MONITORING DEVICE, AS DEFINED 6,083
IN SECTION 2929.23 OF THE REVISED CODE. IF THE DEPARTMENT 6,084
ESTABLISHES A TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, 6,085
THE RULES ESTABLISHING THE PROGRAM SHALL INCLUDE CRITERIA THAT 6,086
DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE PROGRAM, CRITERIA 6,087
THAT MUST BE SATISFIED TO BE APPROVED AS A RESIDENCE THAT MAY BE 6,088
USED FOR CONFINEMENT UNDER THE PROGRAM OF A PRISONER THAT IS 6,089
TRANSFERRED TO IT AND PROCEDURES FOR THE DEPARTMENT TO APPROVE 6,090
RESIDENCES THAT SATISFY THOSE CRITERIA, AND PROVISIONS OF THE 6,091
TYPE DESCRIBED IN DIVISION (C) OF THIS SECTION. AT A MINIMUM, 6,093
THE CRITERIA THAT DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE 6,094
PROGRAM SHALL PROVIDE ALL OF THE FOLLOWING: 6,095
(a) THAT A PRISONER IS ELIGIBLE FOR THE PROGRAM IF THE 6,098
PRISONER IS SERVING A PRISON TERM OR TERM OF IMPRISONMENT FOR AN 6,099
OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT 6,100
AND IF, AT THE TIME AT WHICH ELIGIBILITY IS BEING DETERMINED, THE 6,101
PRISONER WOULD HAVE BEEN ELIGIBLE FOR A FURLOUGH UNDER THIS 6,102
SECTION AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF 6,103
THIS AMENDMENT OR WOULD HAVE BEEN ELIGIBLE FOR CONDITIONAL 6,104
RELEASE UNDER FORMER SECTION 2967.23 OF THE REVISED CODE AS THAT 6,105
SECTION EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS 6,106
AMENDMENT;
(b) THAT NO PRISONER WHO IS SERVING A MANDATORY PRISON 6,110
TERM IS ELIGIBLE FOR THE PROGRAM UNTIL AFTER EXPIRATION OF THE 6,111
MANDATORY TERM;
(c) THAT NO PRISONER WHO IS SERVING A PRISON TERM OR TERM 6,114
OF LIFE IMPRISONMENT WITHOUT PAROLE IMPOSED PURSUANT TO SECTION 6,115
2971.03 OF THE REVISED CODE IS ELIGIBLE FOR THE PROGRAM. 6,117
(2) At least three weeks prior to granting a furlough to a 6,119
prisoner TRANSFERRING TO TRANSITIONAL CONTROL under this section 6,121
A PRISONER WHO IS SERVING A TERM OF IMPRISONMENT OR PRISON TERM 6,122
FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1996, the adult 6,123
parole authority shall give notice of the pendency of the 6,124
furlough TRANSFER TO TRANSITIONAL CONTROL to the court of common 6,125
150
pleas of the county in which the indictment against the prisoner 6,126
was found and of the fact that the court may disapprove the grant 6,127
TRANSFER of the pending furlough PRISONER TO TRANSITIONAL 6,128
CONTROL. If the court disapproves of the grant TRANSFER of the 6,129
pending furlough PRISONER TO TRANSITIONAL CONTROL, the court 6,130
shall notify the authority of the disapproval within ten days 6,133
after receipt of the notice. If the court timely disapproves the
grant TRANSFER of the pending furlough PRISONER TO TRANSITIONAL 6,135
CONTROL, the authority shall not proceed with the furlough 6,136
TRANSFER. If the court does not timely disapprove the grant 6,137
TRANSFER of the pending furlough PRISONER TO TRANSITIONAL 6,138
CONTROL, the authority may proceed with plans for the furlough 6,139
TRANSFER THE PRISONER TO TRANSITIONAL CONTROL. 6,140
(3) If the victim of an offense for which a prisoner was 6,142
sentenced to a PRISON TERM OR term of imprisonment has requested 6,143
notification under section 2930.16 of the Revised Code and has 6,144
provided the department of rehabilitation and correction with the 6,145
victim's name and address, the adult parole authority, at least 6,146
three weeks prior to granting a furlough to TRANSFERRING the 6,147
prisoner TO TRANSITIONAL CONTROL pursuant to this section, shall 6,148
notify the victim of the pendency of the furlough TRANSFER and of 6,149
the victim's right to submit a statement to the authority 6,151
regarding the impact of the release TRANSFER of the prisoner on 6,153
furlough TO TRANSITIONAL CONTROL. If the victim subsequently 6,154
submits a statement of that nature to the authority, the
authority shall consider the statement in deciding whether to 6,155
grant TRANSFER the furlough PRISONER TO TRANSITIONAL CONTROL. 6,157
(B) The department of rehabilitation and correction shall 6,159
place conditions on the release of any prisoner who is granted a 6,160
furlough pursuant to this section. Each furloughed prisoner 6,161
TRANSFERRED TO TRANSITIONAL CONTROL UNDER THIS SECTION shall be 6,162
confined IN THE MANNER DESCRIBED IN DIVISION (A) OF THIS SECTION 6,164
during any period of time that the furloughed prisoner is not 6,165
actually working at the furloughed prisoner's approved
151
employment, engaged in a vocational training or other ANOTHER 6,167
educational program, engaged in another program designated by the 6,170
director pursuant to division (A) of this section, or engaged in 6,171
other activities approved by the department. The confinement of 6,172
the furloughed prisoner shall be in a suitable facility that has 6,174
been licensed by the division of parole and community services 6,175
pursuant to division (C) of section 2967.14 of the Revised Code. 6,176
The division of parole and community services may enter 6,179
into agreements with any agency, public or private, or a
department or political subdivision of the state, that operates a 6,180
facility that has been licensed by the division pursuant to 6,181
division (C) of section 2967.14 of the Revised Code. An 6,182
agreement shall provide for housing, supervision, and other 6,183
services that are required for furloughed prisoners who are 6,184
assigned to the facility. An agreement shall provide for per 6,185
diem payments to the agency, department, or political subdivision 6,186
on behalf of each furloughed prisoner who is assigned to a 6,187
facility that is operated by the agency, department, or political 6,188
subdivision and that has been licensed by the division. The per 6,189
diem payments shall be equal to the facility's average daily per 6,190
capita costs with its facility at full occupancy. The per diem 6,191
payments shall not exceed the total operating costs of the 6,192
facility during the term of an agreement. The director of 6,193
rehabilitation and correction shall adopt rules in accordance 6,194
with Chapter 119. of the Revised Code for determining includable 6,195
and excludable costs and income to be used in computing the 6,196
agency's average daily per capita costs with its facility at full 6,197
occupancy. 6,198
(C) The adult parole authority, subject to approval by the 6,200
director DEPARTMENT of rehabilitation and correction, shall adopt 6,202
rules for granting furloughs TRANSFERRING ELIGIBLE PRISONERS TO 6,203
TRANSITIONAL CONTROL, supervising and confining prisoners on 6,204
furlough SO TRANSFERRED, and administering the furlough 6,206
TRANSITIONAL CONTROL program in accordance with this section, AND 6,207
152
USING THE MONIES DEPOSITED INTO THE TRANSITIONAL CONTROL FUND 6,208
ESTABLISHED UNDER DIVISION (E) OF THIS SECTION.
(D) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 6,210
ADOPT RULES FOR THE ISSUANCE OF PASSES FOR THE LIMITED PURPOSES 6,211
DESCRIBED IN THIS DIVISION TO PRISONERS WHO ARE TRANSFERRED TO 6,212
TRANSITIONAL CONTROL UNDER THIS SECTION. IF THE DEPARTMENT 6,213
ADOPTS RULES OF THAT NATURE, THE RULES SHALL GOVERN THE GRANTING 6,214
OF THE PASSES AND SHALL PROVIDE FOR THE SUPERVISION OF PRISONERS 6,215
WHO ARE TEMPORARILY RELEASED PURSUANT TO ONE OF THOSE PASSES. 6,216
UPON THE ADOPTION OF RULES UNDER THIS DIVISION, THE DEPARTMENT 6,218
MAY ISSUE PASSES TO PRISONERS WHO ARE TRANSFERRED TO TRANSITIONAL 6,219
CONTROL STATUS UNDER THIS SECTION IN ACCORDANCE WITH THE RULES 6,220
AND THE PROVISIONS OF THIS DIVISION. ALL PASSES ISSUED UNDER 6,221
THIS DIVISION SHALL BE FOR A MAXIMUM OF FORTY-EIGHT HOURS AND MAY 6,222
BE ISSUED ONLY FOR THE FOLLOWING PURPOSES: 6,223
(1) TO VISIT A DYING RELATIVE; 6,225
(2) TO ATTEND THE FUNERAL OF A RELATIVE; 6,227
(3) TO VISIT WITH FAMILY; 6,229
(4) TO OTHERWISE AID IN THE REHABILITATION OF THE 6,231
PRISONER. 6,232
(E) The adult parole authority may require the A prisoner 6,235
on furlough WHO IS TRANSFERRED TO TRANSITIONAL CONTROL to pay to 6,236
the division of parole and community services the reasonable 6,238
expenses incurred by the division in supervising or confining the 6,239
prisoner on furlough WHILE UNDER TRANSITIONAL CONTROL. Inability 6,240
to pay those reasonable expenses shall not be grounds for 6,243
refusing to grant a furlough to TRANSFER an otherwise eligible 6,244
prisoner TO TRANSITIONAL CONTROL. Amounts received by the 6,245
division of parole and community services under this division 6,247
shall be deposited into the furlough services TRANSITIONAL 6,248
CONTROL fund that, WHICH is hereby created in the state treasury 6,250
AND WHICH HEREBY REPLACES AND SUCCEEDS THE FURLOUGH SERVICES FUND 6,251
THAT FORMERLY EXISTED IN THE STATE TREASURY. ALL MONIES THAT 6,252
REMAIN IN THE FURLOUGH SERVICES FUND ON THE EFFECTIVE DATE OF
153
THIS AMENDMENT SHALL BE TRANSFERRED ON THAT DATE TO THE 6,253
TRANSITIONAL CONTROL FUND. The TRANSITIONAL CONTROL fund shall 6,254
be used solely to pay costs related to the operation of the 6,255
furlough education and work release program TRANSITIONAL CONTROL 6,256
PROGRAM ESTABLISHED UNDER THIS SECTION. The director of 6,257
rehabilitation and correction shall adopt rules in accordance 6,258
with section 111.15 of the Revised Code for the use of the fund. 6,259
(E)(F) A prisoner who violates any rule established by the 6,261
adult parole authority DEPARTMENT OF REHABILITATION AND 6,263
CORRECTION under division (A), (C), OR (D) of this section may be 6,265
returned TRANSFERRED to the A state correctional institution in 6,266
which the prisoner had been confined prior to furlough PURSUANT 6,268
TO RULES ADOPTED UNDER DIVISION (A), (C), OR (D) OF THIS SECTION, 6,269
but the prisoner shall receive credit towards completing the 6,271
prisoner's sentence for the time spent on furlough UNDER 6,272
TRANSITIONAL CONTROL.
IF A PRISONER IS TRANSFERRED TO TRANSITIONAL CONTROL UNDER 6,274
THIS SECTION, UPON SUCCESSFUL COMPLETION OF THE PERIOD OF 6,275
TRANSITIONAL CONTROL, THE PRISONER MAY BE RELEASED ON PAROLE OR 6,277
UNDER POST-RELEASE CONTROL PURSUANT TO SECTION 2967.13 OR 2967.28 6,278
OF THE REVISED CODE AND RULES ADOPTED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION. IF THE PRISONER IS RELEASED UNDER 6,279
POST-RELEASE CONTROL, THE DURATION OF THE POST-RELEASE CONTROL, 6,281
THE TYPE OF POST-RELEASE CONTROL SANCTIONS THAT MAY BE IMPOSED, 6,282
THE ENFORCEMENT OF THE SANCTIONS, AND THE TREATMENT OF PRISONERS 6,283
WHO VIOLATE ANY SANCTION APPLICABLE TO THE PRISONER ARE GOVERNED 6,284
BY SECTION 2967.28 OF THE REVISED CODE. 6,285
Sec. 2967.27. (A)(1) Subject to disapproval by the 6,294
sentencing judge for a furlough granted under divisions (A)(1)(c) 6,295
to (g) of this section, the THE department of rehabilitation and 6,296
correction may grant furloughs ESCORTED VISITS to trustworthy 6,298
prisoners confined in any state correctional facility for the 6,299
custody and rehabilitation of persons convicted of crime, except 6,300
that the department shall not grant a furlough for any purpose 6,301
154
other than the purposes described in division (A)(1)(a) or (b) of 6,302
this section to a prisoner serving a sentence of life 6,303
imprisonment that was imposed for an offense committed on or 6,304
after October 19, 1981, or to a prisoner serving a prison term or 6,305
term of life imprisonment without parole imposed pursuant to 6,307
section 2971.03 of the Revised Code. The department may 6,308
authorize furloughs under this section for the LIMITED purpose 6,310
of:
(a) Visiting VISITING a dying relative; 6,312
(b) Attending OR ATTENDING the funeral of a relative; 6,314
(c) Arranging for a suitable parole plan, or an 6,316
educational or vocational furlough plan; 6,317
(d) Arranging for employment; 6,319
(e) Arranging for suitable residence; 6,321
(f) Visiting with family; 6,323
(g) Otherwise aiding in the rehabilitation of the inmate. 6,325
(2) At least three weeks prior PRIOR to granting a 6,327
furlough ANY PRISONER AN ESCORTED VISIT FOR THE LIMITED PURPOSE 6,328
OF VISITING A DYING RELATIVE OR ATTENDING THE FUNERAL OF A 6,329
RELATIVE under divisions (A)(1)(c) to (g) of this section, the 6,331
department shall give notice of the pendency of the furlough to 6,332
the court of common pleas of the county in which the indictment 6,334
against the prisoner was found and of the fact that the court may 6,335
disapprove the grant of the pending furlough. If the court 6,336
disapproves of the grant, the court shall notify the department
of the disapproval within ten days after receipt of the notice. 6,337
If the court timely disapproves the grant of the pending 6,338
furlough, the department shall not proceed with the furlough. If 6,339
the court does not timely disapprove the grant of the pending 6,340
furlough, the department may proceed with plans for the furlough 6,341
NOTIFY ITS OFFICE OF VICTIMS' SERVICES SO THAT THE OFFICE MAY 6,342
PROVIDE ASSISTANCE TO ANY VICTIM OR VICTIMS OF THE OFFENSE 6,343
COMMITTED BY THE PRISONER AND TO MEMBERS OF THE FAMILY OF THE 6,344
VICTIM.
155
(3) If the victim of an offense for which a prisoner was 6,346
sentenced to a term of imprisonment has requested notification 6,348
under section 2930.16 of the Revised Code and has provided the
department of rehabilitation and correction with the victim's 6,349
name and address, the department, at least three weeks prior to 6,351
granting a furlough to the prisoner pursuant to divisions 6,352
(A)(1)(c) to (g) of this section and as soon as practicable prior 6,353
to granting a furlough to the prisoner pursuant to division 6,354
(A)(1)(a) or (b) of this section, shall notify the victim of the 6,356
pendency of the furlough and of the victim's right to submit a
statement regarding the impact of the release of the prisoner on 6,358
furlough. If the victim subsequently submits a statement of that 6,360
nature to the department, the department shall consider the 6,361
statement in deciding whether to grant the furlough.
(B) The department of rehabilitation and correction shall 6,363
adopt rules for THE granting furloughs OF ESCORTED VISITS under 6,365
this section, AND FOR supervising prisoners on furlough, and 6,366
administering the furlough program. The rules shall contain the 6,368
following prohibitions:
(1) No prisoner who is serving a sentence of life 6,370
imprisonment that was imposed for an offense committed on or 6,371
after October 19, 1981, or a prison term or term of life 6,372
imprisonment without parole imposed pursuant to section 2971.03 6,373
of the Revised Code shall be eligible for a furlough for any 6,374
purpose described in division (A)(1)(a) or (b) of this section 6,375
unless a corrections officer or another corrections staff person 6,376
accompanies the prisoner at all times while on furlough; 6,377
(2) No prisoner shall be eligible for furlough under this 6,381
section who has served less than six months in a state 6,382
correctional institution, except in the situation of attending 6,383
the funeral of a member of the prisoner's immediate family, or 6,384
attending a bedside visit with a member of the prisoner's
immediate family who is ill and bedridden AN ESCORTED VISIT. 6,385
(C) No prisoner shall be granted a furlough AN ESCORTED 6,387
156
VISIT under this section if the prisoner is likely to pose a 6,389
threat to the public safety or has a record of more than two 6,391
felony commitments (including the present charge), not more than 6,392
one of which may be for a crime of an assaultive nature. 6,393
(D) Furloughs may be granted under this section only upon 6,395
the written approval of the director of the department of 6,396
rehabilitation and correction or if the director deems it 6,397
appropriate, by the assistant director of the department, or the 6,398
wardens within the department. 6,399
(E) Furloughs granted under this section shall be for a 6,402
period no longer than is reasonably necessary to accomplish the 6,403
purposes of this section, but in no event shall a furlough extend 6,404
beyond seven days, nor shall the total furlough time granted to a 6,405
prisoner within any calendar year exceed fourteen days except 6,406
furloughs granted under divisions (A)(1)(c) and (d) of this 6,407
section.
(F) A prisoner who violates any rule established by the 6,409
department of rehabilitation and correction under this section 6,410
may be returned to the state correctional institution from which 6,412
the prisoner was furloughed, but such a violation does not 6,413
constitute cause for denial of credit toward completion of the 6,414
prisoner's sentence of the time the prisoner was on furlough THE 6,415
PROCEDURE FOR GRANTING AN ESCORTED VISIT UNDER THIS SECTION IS 6,416
SEPARATE FROM, AND INDEPENDENT OF, THE TRANSITIONAL CONTROL 6,417
PROGRAM DESCRIBED IN SECTION 2967.26 OF THE REVISED CODE. 6,418
Sec. 2967.28. (A) As used in this section: 6,427
(1) "Post-release control" means a period of supervision 6,430
by the adult parole authority after release from imprisonment
that includes one or more post-release control sanctions imposed 6,431
under this section. 6,432
(2) "Post-release control sanction" means a sanction that 6,435
is authorized under sections 2929.16 to 2929.18 of the Revised 6,436
Code and that is imposed upon a prisoner upon the prisoner's 6,437
release from a prison term.
157
(3) "Monitored time" means the monitored time sanction 6,440
specified in section 2929.17 of the Revised Code. 6,441
(4)(2) "Deadly weapon" and "dangerous ordnance" have the 6,444
same meanings as in section 2923.11 of the Revised Code. 6,445
(5)(3) "Felony sex offense" means a violation of a section 6,447
contained in Chapter 2907. of the Revised Code that is a felony. 6,449
(B) Each sentence to a prison term for a felony of the 6,452
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 6,454
sex offense and in the commission of which the offender caused or 6,455
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of 6,456
post-release control imposed by the parole board after the 6,457
offender's release from imprisonment. Unless reduced by the 6,458
parole board pursuant to division (D) of this section when 6,459
authorized under that division, a period of post-release control 6,461
required by this division for an offender shall be of one of the 6,462
following periods:
(1) For a felony of the first degree or for a felony sex 6,464
offense, five years; 6,465
(2) For a felony of the second degree that is not a felony 6,467
sex offense, three years; 6,468
(3) For a felony of the third degree that is not a felony 6,470
sex offense and in the commission of which the offender caused or 6,471
threatened physical harm to a person, three years. 6,472
(C) Any sentence to a prison term for a felony of the 6,475
third, fourth, or fifth degree that is not subject to division 6,476
(B)(1) or (3) of this section shall include a requirement that 6,477
the offender be subject to a period of post-release control of up 6,478
to three years after the offender's release from imprisonment, if 6,479
the parole board, in accordance with division (D) of this 6,480
section, determines that a period of post-release control is 6,481
necessary for that offender.
(D)(1) Before the prisoner is released from imprisonment, 6,484
158
the parole board shall impose upon a prisoner described in 6,486
division (B) of this section, may impose upon a prisoner 6,487
described in division (C) of this section, and shall impose upon 6,488
a prisoner described in division (B)(2)(b) of section 5120.031 or 6,489
in division (B)(1) of section 5120.032 of the Revised Code, one 6,491
or more post-release control sanctions to apply during the 6,492
prisoner's period of post-release control. Whenever the board
imposes one or more post-release control sanctions upon a 6,493
prisoner, the board, in addition to imposing the sanctions, also 6,494
shall include as a condition of the post-release control the 6,495
mandatory condition described in division (A) of section 2967.131 6,496
of the Revised Code. The board may impose any other conditions 6,497
of release under a post-release control sanction that the board
considers appropriate. Prior to the release of a prisoner for 6,499
whom it will impose one or more post-release control sanctions 6,500
under this division, the parole board shall review the prisoner's 6,501
criminal history, all juvenile court adjudications finding the 6,503
prisoner, while a juvenile, to be a delinquent child, and the 6,504
record of the prisoner's conduct while imprisoned. The parole 6,505
board shall consider any recommendation regarding post-release 6,506
control sanctions for the prisoner made by the office of victims'
services. After considering those materials, the board shall 6,507
determine, for a prisoner described in division (B) of this 6,509
section, division (B)(2)(b) of section 5120.031, or division 6,510
(B)(1) of section 5120.032 of the Revised Code, which 6,511
post-release control sanction or combination of post-release 6,512
control sanctions is reasonable under the circumstances or, for a 6,513
prisoner described in division (C) of this section, whether a 6,514
post-release control sanction is necessary and, if so, which 6,515
post-release control sanction or combination of post-release 6,516
control sanctions is reasonable under the circumstances. In the 6,517
case of a prisoner convicted of a felony of the fourth or fifth 6,519
degree other than a felony sex offense, the board shall presume
that monitored time is the appropriate post-release control 6,520
159
sanction unless the board determines that a more restrictive 6,521
sanction is warranted. A post-release control sanction imposed 6,522
under this division takes effect upon the prisoner's release from 6,523
imprisonment. 6,524
(2) At any time after a prisoner is released from 6,527
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole authority may review 6,530
the releasee's behavior under the post-release control sanctions 6,531
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the 6,532
standards established under division (E) of this section, that a 6,533
more restrictive or a less restrictive sanction is appropriate 6,535
and may impose a different sanction. Unless the period of 6,536
post-release control was imposed for an offense described in 6,537
division (B)(1) of this section, the authority also may recommend 6,538
that the parole board reduce the duration of the period of 6,539
post-release control imposed by the court. If the authority 6,540
recommends that the board reduce the duration of control for an 6,541
offense described in division (B)(2), (B)(3), or (C) of this 6,542
section, the board shall review the releasee's behavior and may 6,544
reduce the duration of the period of control imposed by the 6,545
court. In no case shall the board reduce the duration of the 6,546
period of control imposed by the court for an offense described
in division (B)(1) of this section, and in no case shall the 6,547
board eliminate the mandatory condition described in division (A) 6,548
of section 2967.131 of the Revised Code. 6,549
(E) The department of rehabilitation and correction, in 6,551
accordance with Chapter 119. of the Revised Code, shall adopt 6,552
rules that do all of the following: 6,553
(1) Establish standards for the imposition by the parole 6,556
board of post-release control sanctions under this section that 6,557
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised Code and 6,559
that are appropriate to the needs of releasees;
160
(2) Establish standards by which the parole board can 6,561
determine which prisoners described in division (C) of this 6,563
section should be placed under a period of post-release control; 6,564
(3) Establish standards to be used by the parole board in 6,567
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this 6,568
section, in imposing a more restrictive post-release control 6,570
sanction than monitored time upon a prisoner convicted of a
felony of the fourth or fifth degree other than a felony sex 6,572
offense, or in imposing a less restrictive control sanction upon 6,574
a releasee based on the releasee's activities including, but not 6,575
limited to, remaining free from criminal activity and from the 6,576
abuse of alcohol or other drugs, successfully participating in 6,577
approved rehabilitation programs, maintaining employment, and
paying restitution to the victim or meeting the terms of other 6,578
financial sanctions; 6,579
(4) Establish standards to be used by the adult parole 6,581
authority in modifying a releasee's post-release control 6,582
sanctions pursuant to division (D)(2) of this section; 6,583
(5) Establish standards to be used by the adult parole 6,585
authority or parole board in imposing further sanctions under 6,586
division (F) of this section on releasees who violate 6,587
post-release control sanctions, including standards that do the 6,588
following:
(a) Classify violations according to the degree of 6,590
seriousness;
(b) Define the circumstances under which formal action by 6,593
the parole board is warranted;
(c) Govern the use of evidence at violation hearings; 6,595
(d) Ensure procedural due process to an alleged violator; 6,597
(e) Prescribe nonresidential community control sanctions 6,600
for most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to 6,602
imprisonment for violations of post-release control. 6,603
161
(F)(1) If a post-release control sanction is imposed upon 6,605
an offender under this section, the offender upon release from 6,607
imprisonment shall be under the general jurisdiction of the adult 6,609
parole authority and generally shall be supervised by the parole 6,610
supervision section through its staff of parole and field
officers as described in section 5149.04 of the Revised Code, as 6,612
if the offender had been placed on parole. If the offender upon 6,613
release from imprisonment violates the post-release control 6,614
sanction or the mandatory condition described in division (A) of 6,615
section 2967.131 of the Revised Code, the public or private
person or entity that operates or administers the sanction or the 6,617
program or activity that comprises the sanction shall report the 6,618
violation directly to the adult parole authority or to the 6,619
officer of the authority who supervises the offender. The 6,620
authority's officers may treat the offender as if the offender 6,621
were on parole and in violation of the parole, and otherwise 6,622
shall comply with this section.
(2) If the adult parole authority determines that a 6,624
releasee has violated a post-release control sanction or the 6,625
mandatory condition described in division (A) of section 2967.131 6,626
of the Revised Code imposed upon the releasee and that a more 6,628
restrictive sanction is appropriate, the authority may impose a 6,629
more restrictive sanction upon the releasee, in accordance with 6,630
the standards established under division (E) of this section, or 6,632
may report the violation to the parole board for a hearing
pursuant to division (F)(3) of this section. The authority may 6,634
not, pursuant to this division, increase the duration of the 6,635
releasee's post-release control, impose as a post-release control 6,636
sanction a residential sanction that includes a prison term, or 6,637
eliminate the mandatory condition described in division (A) of 6,638
section 2967.131 of the Revised Code. 6,639
(3) The parole board may hold a hearing on any alleged 6,642
violation by a releasee of a post-release control sanction or the 6,643
mandatory condition described in division (A) of section 2967.131 6,644
162
of the Revised Code imposed upon the releasee. If after the
hearing the board finds that the releasee violated the sanction 6,647
or mandatory condition, the board may increase the duration of 6,649
the releasee's post-release control up to the maximum duration 6,650
authorized by division (B) or (C) of this section or impose a 6,651
more restrictive post-release control sanction, but in no case 6,652
shall the board eliminate the mandatory condition described in 6,653
division (A) of section 2967.131 of the Revised Code. When 6,654
appropriate, the board may impose as a post-release control 6,655
sanction a residential sanction that includes a prison term. The 6,657
board shall consider a prison term as a post-release control
sanction imposed for a violation of post-release control when the 6,658
violation involves a deadly weapon or dangerous ordnance, 6,660
physical harm or attempted serious physical harm to a person, or 6,661
sexual misconduct, or when the releasee committed repeated 6,662
violations of post-release control sanctions. The period of a 6,663
prison term that is imposed as a post-release control sanction 6,665
under this division shall not exceed nine months, and the maximum 6,666
cumulative prison term for all violations under this section 6,667
shall not exceed one-half of the stated prison term originally 6,668
imposed upon the offender as part of this sentence. The period 6,669
of a prison term that is imposed as a post-release control 6,670
sanction under this division shall not count as, or be credited 6,671
toward, the remaining period of post-release control.
(4) A releasee who has violated any post-release control 6,674
sanction or the mandatory condition described in division (A) of 6,675
section 2967.131 of the Revised Code imposed upon the releasee by
committing a felony may be prosecuted for the new felony, and, 6,677
upon conviction, the court shall impose sentence for the new 6,678
felony. In addition to the sentence imposed for the new felony, 6,679
the court may impose a prison term for the violation, and the 6,680
term imposed for the violation shall be reduced by the prison 6,681
term that is administratively imposed by the parole board or 6,682
adult parole authority as a post-release control sanction. The
163
maximum prison term for the violation shall be either the maximum 6,684
period of post-release control for the earlier felony under
division (B) or (C) of this section minus any time the releasee 6,687
has spent under post-release control for the earlier felony or 6,688
twelve months, whichever is greater. A prison term imposed for 6,689
the violation shall be served consecutively to any prison term 6,690
imposed for the new felony. A prison term imposed for the 6,691
violation, and a prison term imposed for the new felony, shall
not count as, or be credited toward, the remaining period of 6,692
post-release control imposed for the earlier felony. 6,693
(5) Any period of post-release control shall commence upon 6,695
an offender's actual release from prison. If an offender is 6,696
serving an indefinite prison term or a life sentence in addition 6,697
to a stated prison term, the offender shall serve the period of 6,698
post-release control in the following manner: 6,699
(a) If a period of post-release control is imposed upon 6,701
the offender and if the offender also is subject to a period of 6,702
parole under a life sentence or an indefinite sentence, and if 6,703
the period of post-release control ends prior to the period of 6,704
parole, the offender shall be supervised on parole. The offender 6,705
shall receive credit for post-release control supervision during 6,706
the period of parole. The offender is not eligible for final 6,707
release under section 2967.16 of the Revised Code until the
post-release control period otherwise would have ended. 6,708
(b) If a period of post-release control is imposed upon 6,710
the offender and if the offender also is subject to a period of 6,711
parole under an indefinite sentence, and if the period of parole 6,712
ends prior to the period of post-release control, the offender 6,713
shall be supervised on post-release control. The requirements of 6,714
parole supervision shall be satisfied during the post-release 6,715
control period.
(c) If an offender is subject to more than one period of 6,717
post-release control, the period of post-release control for all 6,718
of the sentences shall be the period of post-release control that 6,719
164
expires last, as determined by the parole board. Periods of 6,720
post-release control shall be served concurrently and shall not 6,721
be imposed consecutively to each other.
(d) The period of post-release control for a releasee who 6,724
commits a felony while under post-release control for an earlier 6,725
felony shall be the longer of the period of post-release control 6,726
specified for the new felony under division (B) or (C) of this 6,727
section or the time remaining under the period of post-release 6,728
control imposed for the earlier felony as determined by the 6,729
parole board.
Sec. 3313.65. (A) As used in this section and section 6,738
3313.64 of the Revised Code: 6,739
(1) A person is "in a residential facility" if the person 6,741
is a resident or a resident patient of an institution, home, or 6,742
other residential facility that is: 6,743
(a) Licensed as a nursing home, residential care facility, 6,745
or home for the aging by the director of health under section 6,747
3721.02 of the Revised Code or licensed as a community 6,748
alternative home by the director of health under section 3724.03 6,749
of the Revised Code;
(b) Licensed as an adult care facility by the director of 6,751
health under Chapter 3722. of the Revised Code; 6,752
(c) Maintained as a county home or district home by the 6,754
board of county commissioners or a joint board of county 6,755
commissioners under Chapter 5155. of the Revised Code; 6,756
(d) Operated or administered by a board of alcohol, drug 6,758
addiction, and mental health services under section 340.03 or 6,759
340.06 of the Revised Code, or provides residential care pursuant 6,760
to contracts made under section 340.03 or 340.033 of the Revised 6,761
Code; 6,762
(e) Maintained as a state institution for the mentally ill 6,764
under Chapter 5119. of the Revised Code; 6,765
(f) Licensed by the department of mental health under 6,767
section 5119.20 or 5119.22 of the Revised Code; 6,768
165
(g) Licensed as a residential facility by the department 6,770
of mental retardation and developmental disabilities under 6,771
section 5123.19 of the Revised Code; 6,772
(h) Operated by the veteran's administration or another 6,774
agency of the United States government; 6,775
(i) The Ohio soldiers' and sailors' home. 6,777
(2) A person is "in a correctional facility" if any of the 6,779
following apply: 6,780
(a) The person is an Ohio resident and is: 6,782
(i) Imprisoned, as defined in section 1.05 of the Revised 6,784
Code; 6,785
(ii) Serving a term in a community-based correctional 6,787
facility or a district community-based correctional facility; 6,788
(iii) Required, as a condition of parole, shock parole, 6,790
probation, shock probation, furlough TRANSITIONAL CONTROL, or 6,792
early release from imprisonment, AS A CONDITION OF SHOCK PAROLE 6,793
OR SHOCK PROBATION GRANTED UNDER THE LAW IN EFFECT PRIOR TO JULY 6,794
1, 1996, OR AS A CONDITION OF A FURLOUGH GRANTED UNDER THE 6,795
VERSION OF SECTION 2967.26 OF THE REVISED CODE IN EFFECT PRIOR TO 6,796
THE EFFECTIVE DATE OF THIS AMENDMENT to reside in a halfway house 6,797
or other community residential center licensed under section 6,798
2967.14 of the Revised Code or a similar facility designated by 6,799
the common pleas court that established the condition or by the 6,800
adult parole authority.
(b) The person is imprisoned in a state correctional 6,802
institution of another state or a federal correctional 6,803
institution but was an Ohio resident at the time the sentence was 6,804
imposed for the crime for which the person is imprisoned. 6,805
(3) A person is "in a juvenile residential placement" if 6,807
the person is an Ohio resident who is under twenty-one years of 6,808
age and has been removed, by the order of a juvenile court, from 6,809
the place the person resided at the time the person became 6,810
subject to the court's jurisdiction in the matter that resulted 6,811
in the person's removal.
166
(B) If the circumstances described in division (C) of this 6,813
section apply, the determination of what school district must 6,814
admit a child to its schools and what district, if any, is liable 6,815
for tuition shall be made in accordance with this section, rather 6,816
than section 3313.64 of the Revised Code. 6,817
(C) A child who does not reside in the school district in 6,819
which the child's parent resides and for whom a tuition 6,820
obligation previously has not been established under division 6,821
(C)(2) of section 3313.64 of the Revised Code shall be admitted 6,822
to the schools of the district in which the child resides if at 6,823
least one of the child's parents is in a residential or 6,824
correctional facility or a juvenile residential placement and the 6,825
other parent, if living and not in such a facility or placement, 6,826
is not known to reside in this state. 6,827
(D) Regardless of who has custody or care of the child, 6,829
whether the child resides in a home, or whether the child 6,830
receives special education, if a district admits a child under 6,831
division (C) of this section, tuition shall be paid to that 6,832
district as follows:
(1) If the child's parent is in a juvenile residential 6,834
placement, by the district in which the child's parent resided at 6,835
the time the parent became subject to the jurisdiction of the 6,836
juvenile court; 6,837
(2) If the child's parent is in a correctional facility, 6,839
by the district in which the child's parent resided at the time 6,840
the sentence was imposed; 6,841
(3) If the child's parent is in a residential facility, by 6,843
the district in which the parent resided at the time the parent 6,844
was admitted to the residential facility, except that if the 6,845
parent was transferred from another residential facility, tuition 6,846
shall be paid by the district in which the parent resided at the 6,847
time the parent was admitted to the facility from which the 6,848
parent first was transferred; 6,849
(4) In the event of a disagreement as to which school 6,851
167
district is liable for tuition under division (C)(1), (2), or (3) 6,852
of this section, the superintendent of public instruction shall 6,853
determine which district shall pay tuition. 6,854
(E) If a child covered by division (D) of this section 6,856
receives special education in accordance with Chapter 3323. of 6,857
the Revised Code, the tuition shall be paid in accordance with 6,858
section 3323.13 or 3323.14 of the Revised Code. Tuition for 6,859
children who do not receive special education shall be paid in 6,860
accordance with division (I) of section 3313.64 of the Revised 6,861
Code. 6,862
Sec. 5120.031. (A) As used in this section: 6,872
(1) "Certificate of high school equivalence" means a 6,874
statement that is issued by the state board of education or an 6,875
equivalent agency of another state and that indicates that its 6,876
holder has achieved the equivalent of a high school education as 6,877
measured by scores obtained on the tests of general educational 6,878
development published by the American council on education. 6,879
(2) "Certificate of adult basic education" means a 6,881
statement that is issued by the department of rehabilitation and 6,882
correction through the Ohio central school system approved by the 6,883
state board of education and that indicates that its holder has 6,884
achieved a 6.0 grade level, or higher, as measured by scores of 6,885
nationally standardized or recognized tests. 6,886
(3) "Deadly weapon" and "firearm" have the same meanings 6,888
as in section 2923.11 of the Revised Code. 6,889
(4) "Eligible offender" means a person, other than one who 6,891
is ineligible to participate in an intensive program prison under 6,893
the criteria specified in section 5120.032 of the Revised Code, 6,894
who has been convicted of or pleaded guilty to, and has been 6,896
sentenced for, a felony.
(5) "Shock incarceration" means the program of 6,898
incarceration that is established pursuant to the rules of the 6,899
department of rehabilitation and correction adopted under this 6,900
section. 6,901
168
(B)(1) The director of rehabilitation and correction, by 6,903
rules adopted under Chapter 119. of the Revised Code, shall 6,904
establish a pilot program of shock incarceration that may be used 6,905
for eligible offenders who are sentenced to serve a term of 6,906
imprisonment under the custody of the department of 6,907
rehabilitation and correction and whom the department, subject to 6,908
the approval of the sentencing judge, may permit to serve their 6,910
sentence as a sentence of shock incarceration in accordance with 6,911
this section.
(2) The rules for the pilot program shall require that the 6,913
program be established at an appropriate state correctional 6,914
institution designated by the director and that the program 6,915
consist of both of the following for each eligible offender whom 6,917
the department, with the approval of the sentencing judge, 6,919
permits to serve the eligible offender's sentence as a sentence 6,920
of shock incarceration: 6,921
(a) A period of imprisonment at that institution of ninety 6,923
days that shall consist of a military style combination of 6,924
discipline, physical training, and hard labor and substance abuse 6,925
education, employment skills training, social skills training, 6,926
and psychological treatment. During the ninety-day period, the 6,927
department may permit an eligible offender to participate in a 6,928
self-help program. Additionally, during the ninety-day period, 6,929
an eligible offender who holds a high school diploma or a 6,930
certificate of high school equivalence may be permitted to tutor 6,931
other eligible offenders in the shock incarceration program. If 6,932
an eligible offender does not hold a high school diploma or 6,933
certificate of high school equivalence, the eligible offender may 6,934
elect to participate in an education program that is designed to 6,936
award a certificate of adult basic education or an education 6,937
program that is designed to award a certificate of high school 6,938
equivalence to those eligible offenders who successfully complete 6,939
the education program, whether the completion occurs during or 6,940
subsequent to the ninety-day period. To the extent possible, the 6,941
169
department shall use as teachers in the education program persons 6,942
who have been issued a license pursuant to sections 3319.22 to 6,943
3319.31 of the Revised Code, who have volunteered their services 6,944
to the education program, and who satisfy any other criteria 6,945
specified in the rules for the pilot project. 6,946
(b) Immediately following the ninety-day period of 6,948
imprisonment, and notwithstanding any other provision governing 6,949
the furlough or other early release of a prisoner from 6,950
imprisonment OR THE TRANSFER OF A PRISONER TO TRANSITIONAL 6,951
CONTROL, one of the following, as determined by the director: 6,952
(i) An intermediate, transitional type of detention for 6,955
the period of time determined by the director and, immediately 6,956
following the intermediate, transitional type of detention, a 6,957
release under a post-release control sanction imposed in 6,958
accordance with section 2967.28 of the Revised Code. The period 6,960
of intermediate, transitional type of detention imposed by the 6,961
director under this division may be in a halfway house, in a 6,962
community-based correctional facility and program or district 6,963
community-based correctional facility and program established 6,964
under sections 2301.51 to 2301.56 of the Revised Code, or in any 6,965
other facility approved by the director that provides for 6,966
detention to serve as a transition between imprisonment in a 6,967
state correctional institution and release from imprisonment. 6,968
(ii) A release under a post-release control sanction 6,971
imposed in accordance with section 2967.28 of the Revised Code. 6,972
(3) The rules for the pilot program also shall include, 6,974
but are not limited to, all of the following: 6,975
(a) Rules identifying the locations within the state 6,977
correctional institution designated by the director that will be 6,978
used for eligible offenders serving a sentence of shock 6,979
incarceration; 6,980
(b) Rules establishing specific schedules of discipline, 6,982
physical training, and hard labor for eligible offenders serving 6,983
a sentence of shock incarceration, based upon the offender's 6,984
170
physical condition and needs; 6,985
(c) Rules establishing standards and criteria for the 6,987
department to use in determining which eligible offenders the 6,988
department will permit to serve their sentence of imprisonment as 6,989
a sentence of shock incarceration; 6,990
(d) Rules establishing guidelines for the selection of 6,994
post-release control sanctions for eligible offenders; 6,996
(e) Rules establishing procedures for notifying 6,999
sentencing courts of the performance of eligible offenders 7,000
serving their sentences of imprisonment as a sentence of shock 7,001
incarceration; 7,002
(f) Any other rules that are necessary for the proper 7,005
conduct of the pilot program.
(C)(1) Subject to disapproval by the sentencing judge, if 7,007
an eligible offender is sentenced to a term of imprisonment under 7,009
the custody of the department, the department may permit the 7,010
eligible offender to serve the sentence as a sentence of shock 7,011
incarceration, in accordance with this section and the rules 7,012
adopted under this section. At least three weeks prior to
permitting an eligible offender to serve a sentence of shock 7,015
incarceration, the department shall notify the sentencing judge
of the proposed shock incarceration and of the fact that the 7,016
judge may disapprove it. If the sentencing judge disapproves of 7,018
shock incarceration for the eligible offender, the judge shall 7,019
notify the department of the disapproval within ten days after
receipt of the notice, and the department shall not permit the 7,021
eligible offender to serve a sentence of shock incarceration. If 7,022
the judge does not timely disapprove of shock incarceration for 7,023
the eligible offender, the department may proceed with plans for 7,024
the shock incarceration.
(2) If the department permits an eligible offender to 7,026
serve the eligible offender's sentence of imprisonment as a 7,027
sentence of shock incarceration and the eligible offender does 7,028
not satisfactorily complete the entire period of imprisonment 7,029
171
described in division (B)(2)(a) of this section, the offender 7,030
shall be removed from the pilot program for shock incarceration 7,031
and shall be required to serve the remainder of the offender's 7,032
sentence of imprisonment imposed by the sentencing court as a 7,034
regular term of imprisonment. If the eligible offender commences 7,035
a period of post-release control described in division (B)(2)(b) 7,037
of this section and violates the conditions of that post-release 7,038
control, the eligible offender shall be subject to the provisions 7,039
of sections 2967.15 and 2967.28 of the Revised Code regarding 7,041
violation of post-release control sanctions.
(3) If an eligible offender's stated prison term expires 7,045
at any time during the eligible offender's participation in the 7,047
shock incarceration program, the adult parole authority shall 7,048
terminate the eligible offender's participation in the program 7,050
and shall issue to the eligible offender a certificate of 7,052
expiration of the stated prison term. 7,053
(D) The director shall keep sentencing courts informed of 7,055
the performance of eligible offenders serving their sentences of 7,056
imprisonment as a sentence of shock incarceration, including, but 7,057
not limited to, notice of eligible offenders who fail to 7,058
satisfactorily complete their entire sentence of shock 7,059
incarceration or who satisfactorily complete their entire 7,060
sentence of shock incarceration. 7,061
(E) Within a reasonable period of time after November 20, 7,064
1990, the director shall appoint a committee to search for one or 7,067
more suitable sites at which one or more programs of shock 7,068
incarceration, in addition to the pilot program required by 7,069
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's 7,070
designee, as chairman CHAIRPERSON; employees of the department of 7,072
rehabilitation and correction appointed by the director; and any 7,073
other persons that the director, in the director's discretion, 7,074
appoints. In searching for such sites, the search committee 7,076
shall give preference to any site owned by the state or any other 7,077
172
governmental entity and to any existing structure that reasonably 7,078
could be renovated, enlarged, converted, or remodeled for 7,079
purposes of establishing such a program. The search committee 7,080
shall prepare a report concerning its activities and, on the 7,081
earlier of the day that is twelve months after the first day on 7,082
which an eligible offender began serving a sentence of shock 7,083
incarceration under the pilot program or January 1, 1992, shall 7,084
file the report with the president and the minority leader of the 7,085
senate, the speaker and the minority leader of the house of 7,086
representatives, the members of the senate who were members of 7,087
the senate judiciary committee in the 118th general assembly or 7,088
their successors, and the members of the house of representatives 7,089
who were members of the select committee to hear drug legislation 7,090
that was established in the 118th general assembly or their 7,091
successors. Upon the filing of the report, the search committee 7,092
shall terminate. The report required by this division shall 7,093
contain all of the following: 7,094
(1) A summary of the process used by the search committee 7,096
in performing its duties under this division; 7,097
(2) A summary of all of the sites reviewed by the search 7,099
committee in performing its duties under this division, and the 7,100
benefits and disadvantages it found relative to the establishment 7,101
of a program of shock incarceration at each such site; 7,102
(3) The findings and recommendations of the search 7,104
committee as to the suitable site or sites, if any, at which a 7,105
program of shock incarceration, in addition to the pilot program 7,106
required by division (B)(1) of this section, may be established. 7,107
(F) The director periodically shall review the pilot 7,109
program for shock incarceration required to be established by 7,110
division (B)(1) of this section. The director shall prepare a 7,111
report relative to the pilot program and, on the earlier of the 7,112
day that is twelve months after the first day on which an 7,113
eligible offender began serving a sentence of shock incarceration 7,114
under the pilot program or January 1, 1992, shall file the report 7,115
173
with the president and the minority leader of the senate, the 7,116
speaker and the minority leader of the house of representatives, 7,117
the members of the senate who were members of the senate 7,118
judiciary committee in the 118th general assembly or their 7,119
successors, and the members of the house of representatives who 7,120
were members of the select committee to hear drug legislation 7,121
that was established in the 118th general assembly or their 7,122
successors. The pilot program shall not terminate at the time of 7,123
the filing of the report, but shall continue in operation in 7,124
accordance with this section. The report required by this 7,125
division shall include all of the following: 7,126
(1) A summary of the pilot program as initially 7,128
established, a summary of all changes in the pilot program made 7,129
during the period covered by the report and the reasons for the 7,130
changes, and a summary of the pilot program as it exists on the 7,131
date of preparation of the report; 7,132
(2) A summary of the effectiveness of the pilot program, 7,134
in the opinion of the director and employees of the department 7,135
involved in its operation; 7,136
(3) An analysis of the total cost of the pilot program, of 7,138
its cost per inmate who was permitted to serve a sentence of 7,139
shock incarceration and who served the entire sentence of shock 7,140
incarceration, and of its cost per inmate who was permitted to 7,141
serve a sentence of shock incarceration; 7,142
(4) A summary of the standards and criteria used by the 7,144
department in determining which eligible offenders were permitted 7,145
to serve their sentence of imprisonment as a sentence of shock 7,146
incarceration; 7,147
(5) A summary of the characteristics of the eligible 7,149
offenders who were permitted to serve their sentence of 7,150
imprisonment as a sentence of shock incarceration, which summary 7,151
shall include, but not be limited to, a listing of every offense 7,152
of which any such eligible offender was convicted or to which any 7,153
such eligible offender pleaded guilty and in relation to which 7,154
174
the eligible offender served a sentence of shock incarceration, 7,156
and the total number of such eligible offenders who were 7,157
convicted of or pleaded guilty to each such offense; 7,158
(6) A listing of the number of eligible offenders who were 7,160
permitted to serve a sentence of shock incarceration and who did 7,161
not serve the entire sentence of shock incarceration, and, to the 7,162
extent possible, a summary of the length of the terms of 7,163
imprisonment served by such eligible offenders after they were 7,164
removed from the pilot program; 7,165
(7) A summary of the effect of the pilot program on 7,167
overcrowding at state correctional institutions; 7,168
(8) To the extent possible, an analysis of the rate of 7,170
recidivism of eligible offenders who were permitted to serve a 7,171
sentence of shock incarceration and who served the entire 7,172
sentence of shock incarceration; 7,173
(9) Recommendations as to legislative changes to the pilot 7,175
program that would assist in its operation or that could further 7,176
alleviate overcrowding at state correctional institutions, and 7,177
recommendations as to whether the pilot program should be 7,178
expanded. 7,179
Sec. 5120.05. Except as otherwise provided as to 7,188
appointments by chiefs of divisions, the director of 7,189
rehabilitation and correction shall appoint the employees that 7,190
are necessary for the efficient conduct of the department of 7,191
rehabilitation and correction and shall prescribe their titles 7,192
and duties. The department OF REHABILITATION AND CORRECTION may 7,193
maintain, operate, manage, and govern all state institutions for 7,196
the custody, control, training, and rehabilitation of persons 7,197
convicted of crime and sentenced to correctional institutions. 7,198
The department may designate correctional institutions by 7,200
appropriate respective names. 7,201
The department may receive from the department of youth 7,203
services any children in the custody of the department of youth 7,204
services, committed to the department of rehabilitation and 7,205
175
correction by the department of youth services, upon the terms 7,206
and conditions that are agreed upon by the departments. 7,207
Sec. 5120.06. (A) The following divisions are hereby 7,216
established in the department of rehabilitation and correction: 7,219
(A)(1) The division of business administration; 7,221
(B)(2) The division of parole and community services. 7,223
(B) The director OF REHABILITATION AND CORRECTION may 7,225
establish other OFFICES, divisions IN ADDITION TO THOSE SPECIFIED 7,227
IN DIVISION (A) OF THIS SECTION, BUREAUS, AND OTHER 7,228
ADMINISTRATIVE UNITS WITHIN THE DEPARTMENT OF REHABILITATION AND 7,229
CORRECTION and prescribe their powers and duties. 7,230
Sec. 5120.102. As used in sections 5120.102 to 5120.105 of 7,239
the Revised Code:
(A) "Private, nonprofit organization" means a private 7,241
association, organization, corporation, or other entity that is 7,242
exempt from federal income taxation under section 501(a) and is 7,243
described in section 501(c) of the "Internal Revenue Code of 7,244
1986," 100 stat. STAT. 2085, 26 U.S.C.A. 501, as amended. 7,245
(B) "Governmental agency" means a state agency; a 7,247
municipal corporation, county, township, other political 7,248
subdivision or special district in this state established by or 7,249
pursuant to law, or a combination of those political subdivisions 7,250
or special districts; the United States or a department,
division, or agency of the United States; or an agency, 7,251
commission, or authority established pursuant to an interstate 7,252
compact or agreement. 7,253
(C) "State agency" means the state or one of its branches, 7,255
offices, boards, commissions, authorities, departments, 7,256
divisions, or other units or agencies of the state. 7,257
(D) "Halfway house organization" means a private, 7,259
nonprofit organization or a governmental agency that provides 7,260
programs or activities in areas directly concerned with housing 7,261
AND MONITORING offenders who are under the community supervision 7,263
of the department of rehabilitation and correction or whom a 7,264
176
court places in a halfway house pursuant to section 2929.16 of 7,265
the Revised Code.
(E) "Halfway house facility" means a capital facility in 7,267
this state to which all of the following apply: 7,268
(1) The construction of the capital facility is authorized 7,271
or funded by the general assembly pursuant to division (C) of 7,272
section 5120.105 of the Revised Code.
(2) The state owns or has a sufficient real property 7,274
interest in the capital facility or in the site of the capital 7,275
facility for a period of not less than the greater of the useful 7,276
life of the capital facility, as determined by the director of 7,277
budget and management using the guidelines for maximum maturities 7,279
as provided under divisions (B), (C), and (E) of section 133.20 7,280
of the Revised Code and certified to the department of 7,281
rehabilitation and correction and the Ohio building authority, or 7,282
the final maturity of obligations issued by the Ohio building
authority to finance the capital facility. 7,283
(3) The capital facility is managed directly by, or by 7,285
contract with, the department of rehabilitation and correction 7,286
and is used for housing offenders who are under the community 7,287
supervision of the department of rehabilitation and correction or 7,288
whom a court places in a halfway house pursuant to section 7,289
2929.16 of the Revised Code. 7,290
(F) "Construction" includes acquisition, demolition, 7,292
reconstruction, alteration, renovation, remodeling, enlargement, 7,293
improvement, site improvements, and related equipping and 7,294
furnishing.
(G) "General building services" means general building 7,297
services for a halfway house facility that include, but are not 7,298
limited to, general custodial care, security, maintenance, 7,299
repair, painting, decoration, cleaning, utilities, fire safety, 7,300
grounds and site maintenance and upkeep, and plumbing. 7,301
(H) "Manage," "operate," or "management" means the 7,304
provision of, or the exercise of control over the provision of, 7,305
177
activities that relate to the housing of offenders in 7,306
correctional facilities, including, but not limited to, providing 7,307
for release services for offenders who are under the community 7,308
supervision of the department of rehabilitation and correction, 7,309
whom OR ARE PLACED BY a court places in a halfway house pursuant 7,310
to section 2929.16 of the Revised Code, and who reside in halfway 7,311
house facilities. 7,312
Sec. 5120.103. (A) To the extent that funds are 7,322
available, the department of rehabilitation and correction, in 7,323
accordance with this section and sections 5120.104 and 5120.105 7,324
of the Revised Code, may construct or provide for the 7,325
construction of halfway house facilities for offenders whom a 7,326
court places in a halfway house pursuant to section 2929.16 of 7,327
the Revised Code or who are eligible for community supervision by 7,328
the department of rehabilitation and correction. 7,329
(B) A halfway house organization that seeks to construct 7,331
ASSIST IN THE PROGRAM PLANNING OF a halfway house facility 7,332
described in division (A) of this section shall file an 7,333
application with the director of rehabilitation and correction. 7,334
The applicant shall submit with the application a plan that 7,335
specifies all of the services that will be provided to offenders 7,336
whom a court places in a halfway house pursuant to section 7,337
2929.16 of the Revised Code or who are eligible for community 7,338
supervision by the department of rehabilitation and correction 7,339
and who reside in the halfway house facility AS SET FORTH IN A 7,340
REQUEST FOR PROPOSAL. Upon the submission of an application, the 7,341
division of parole and community services shall review it and, if 7,342
the division believes it is appropriate, shall submit a 7,343
recommendation for its approval to the director. When the 7,344
division submits a recommendation for approval of an application, 7,345
the director may approve the application. The director shall not 7,346
take action or fail to take action, or permit the taking of 7,348
action or the failure to take action, with respect to halfway 7,349
house facilities that would adversely affect the exclusion of 7,350
178
interest on public obligations or on fractionalized interests in 7,351
public obligations from gross income for federal income tax 7,352
purposes, or the classification or qualification of the public 7,353
obligations or the interest on or fractionalized interests in 7,354
public obligations for, or their exemption from, other treatment 7,355
under the Internal Revenue Code.
(C) The director of rehabilitation and correction and the 7,357
halfway house organization may enter into an agreement 7,358
establishing terms for the construction PROGRAM PLANNING of the 7,359
halfway house facility. Any terms so established shall conform 7,361
to the terms of any covenant or agreement pertaining to an
obligation from which the funds used for the construction of the 7,362
halfway house facility are derived. 7,363
(D) The director of rehabilitation and correction, in 7,365
accordance with Chapter 119. of the Revised Code, shall adopt 7,366
rules that specify procedures by which a halfway house 7,367
organization may apply for construction A CONTRACT FOR PROGRAM 7,368
PLANNING of a halfway house facility CONSTRUCTED under this 7,369
section, procedures for the department to follow in considering 7,370
an application, criteria for granting approval of an application, 7,371
and any other rules that are necessary for the proper conduct of 7,372
the construction SELECTION OF PROGRAM PLANNERS of a halfway house 7,373
facility.
Sec. 5120.104. (A) It is hereby declared to be a public 7,384
purpose and an essential governmental function of the state that 7,385
the department of rehabilitation and correction, in the name of 7,386
the state and for the use and benefit of the department, 7,387
purchase, acquire, construct, own, lease, or sublease capital 7,388
facilities or sites for capital facilities for use as halfway 7,389
house facilities.
(B) The director of rehabilitation and correction may 7,392
lease or sublease capital facilities or sites for capital 7,393
facilities under division (A) of this section to or from, and may 7,394
make any other agreement with respect to the purchase, 7,395
179
construction, management, or operation of those capital
facilities with, a halfway house organization that has the 7,396
authority under the law to operate those capital facilities and 7,398
OR the Ohio building authority. The director may make any lease, 7,400
sublease, or other agreement under this division without the 7,401
necessity for advertisement, auction, competitive bidding, court
order, or other action or formality otherwise required by law. 7,402
Notwithstanding any other provision of the Revised Code, the 7,403
director shall make each lease or sublease to or from the Ohio 7,404
building authority in accordance with division (D) of section 7,405
152.24 of the Revised Code.
(C) The director, by a sale, lease, sublease, release, or 7,408
other agreement, may dispose of real or personal property or a 7,409
lesser interest in real or personal property that is held or 7,410
owned by the state for the use and benefit of the department, if 7,411
the department does not need the property or interest for its 7,412
purposes. The department shall make a sale, lease, sublease, 7,413
release, or other agreement under this division upon the terms 7,414
that it determines, subject to the approval by the governor in 7,415
the case of a sale, lease, sublease, release, or other agreement 7,416
regarding real property or an interest in real property. The 7,417
director may make a lease, sublease, or other grant of use of 7,418
property or an interest in property under this division without 7,419
the necessity for advertisement, auction, competitive bidding, 7,420
court order, or other action or formality otherwise required by 7,421
law.
(D) The director may grant an easement or other interest 7,423
in real property held by the state for the use and benefit of the 7,424
department if that easement or interest will not interfere with 7,425
the use of the property as a halfway house facility. 7,426
(E) All property purchased, acquired, constructed, owned, 7,429
leased, or subleased by the department in the exercise of its 7,430
powers and duties are public property used exclusively for a 7,431
public purpose, and that property and the income derived by the 7,432
180
department from the property are exempt from all taxation within 7,433
this state, including without limitation, ad valorem and excise 7,434
taxes.
Sec. 5120.105. (A) The department of administrative 7,443
services shall provide for the construction of a halfway house 7,444
facility in conformity with Chapter 153. of the Revised Code, 7,445
except that construction services may be provided by the 7,447
department of rehabilitation and correction or by a halfway house
organization that occupies, will occupy, or is responsible for 7,448
the management of the facility, as determined by the department 7,449
of rehabilitation and correction. The construction services to 7,450
be provided by the halfway house organization under this division 7,451
shall be specified in an agreement between the department of 7,452
rehabilitation and correction, the department of administrative 7,453
services, and the halfway house organization. 7,454
(B) In the absence of an agreement as specified in this 7,457
division, the general building services for THE DIRECTOR OF 7,458
REHABILITATION AND CORRECTION MAY ENTER INTO AN AGREEMENT WITH A 7,459
HALFWAY HOUSE ORGANIZATION FOR THE MANAGEMENT OF a halfway house 7,460
facility shall be provided by the department of rehabilitation 7,462
and correction or by a halfway house organization that occupies, 7,463
will occupy, or is responsible for the management of the 7,464
facility, as determined by the department of rehabilitation and 7,465
correction. The halfway house organization that occupies, will 7,466
occupy, or is responsible for the management of a halfway house 7,467
facility shall pay the costs of management of and general 7,468
building services for the halfway house facility as provided in 7,469
an agreement between the department of rehabilitation and 7,470
correction and the halfway house organization. 7,471
(C) No state funds, including state bond proceeds, shall 7,474
be spent on the construction of a halfway house facility under 7,475
sections 5120.102 to 5120.105 of the Revised Code, unless the 7,477
general assembly has specifically authorized the spending of 7,478
money on, or has made an appropriation to the department of 7,479
181
rehabilitation and correction for, the construction of the 7,480
halfway house facility or rental payments relating to the 7,481
financing of the construction of that facility. An authorization 7,482
to spend money or an appropriation for planning a halfway house 7,483
facility does not constitute an authorization to spend money on, 7,484
or an appropriation for, the construction of that facility. 7,485
Capital funds for the construction of halfway house facilities 7,486
under sections 5120.102 to 5120.105 of the Revised Code shall be 7,489
paid from the adult correctional building fund created by the 7,490
general assembly in the custody of the state treasurer. 7,491
Sec. 5120.16. (A) Persons sentenced to any institution, 7,500
division, or place under the control and management of the 7,501
department of rehabilitation and correction are committed to the 7,502
control, care, and custody of the department. Subject to 7,503
division (B) of this section, the director of rehabilitation and 7,504
correction or the director's designee may direct that persons 7,506
sentenced to the department, or to any institution or place 7,507
within the department, shall first be conveyed INITIALLY to an 7,508
appropriate facility established and maintained by the department 7,509
for reception, examination, observation, and classification of 7,510
the persons so sentenced. If a presentence investigation report 7,511
was not prepared pursuant to section 2947.06 or 2951.03 of the 7,512
Revised Code or Criminal Rule 32.2 regarding any person sentenced 7,513
to the department or to any institution or place within the 7,514
department, the director or the director's designee may order the 7,515
department's field staff to conduct an offender background 7,516
investigation and prepare an offender background investigation 7,517
report regarding the person. The investigation and report shall 7,518
be conducted in accordance with division (A) of section 2951.03 7,519
of the Revised Code and the report shall contain the same 7,520
information as a presentence investigation report prepared 7,521
pursuant to that section. 7,522
When the examination, observation, and classification of 7,524
the person have been completed by the facility and a written 7,525
182
report of the examination, observation, and classification is 7,526
filed with the commitment papers, the director or the director's 7,527
designee, subject to division (B) of this section, shall assign 7,528
the person to a suitable state institution or place maintained by 7,529
the state within the director's department or shall designate 7,530
that the person is to be housed in a county, multicounty, 7,531
municipal, municipal-county, or multicounty-municipal jail or 7,532
workhouse, if authorized by section 5120.161 of the Revised Code,
there to be confined, cared for, treated, trained, and 7,533
rehabilitated until paroled, released in accordance with section 7,534
2967.20, 2967.23 2929.20, 2967.26, or 2967.28 of the Revised 7,535
Code, or otherwise released under the order of the court that 7,538
imposed the person's sentence. No person committed by a probate 7,539
court, a trial court pursuant to section 2945.40, 2945.401, or 7,540
2945.402 of the Revised Code subsequent to a finding of not
guilty by reason of insanity, or a juvenile court shall be 7,541
assigned to a state correctional institution. 7,542
If a person is sentenced, committed, or assigned for the 7,544
commission of a felony to any one of the institutions or places 7,545
maintained by the department or to a county, multicounty, 7,546
municipal, municipal-county, or multicounty-municipal jail or 7,547
workhouse, the department, by order duly recorded and subject to 7,548
division (B) of this section, may transfer the person to any 7,549
other institution, or, if authorized by section 5120.161 of the 7,550
Revised Code, to a county, multicounty, municipal, 7,551
municipal-county, or multicounty-municipal jail or workhouse. 7,552
(B) If the case of a child who is alleged to be a 7,554
delinquent child is transferred for criminal prosecution to the 7,555
appropriate court having jurisdiction of the offense pursuant to 7,556
division (B) or (C) of section 2151.26 of the Revised Code, if 7,558
the child is convicted of or pleads guilty to a felony in that 7,559
case, if the child is sentenced to a prison term, as defined in 7,560
section 2901.01 of the Revised Code, and if the child is under 7,561
eighteen years of age when delivered to the custody of the 7,562
183
department of rehabilitation and correction, all of the following 7,563
apply regarding the housing of the child: 7,564
(1) Until the child attains eighteen years of age, subject 7,566
to divisions (B)(2), (3), and (4) of this section, the department 7,568
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 7,569
or older. 7,570
(2) The department is not required to house the child in 7,572
the manner described in division (B)(1) of this section if the 7,574
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 7,575
being housed separately.
(3) If the department receives too few inmates who are 7,577
under eighteen years of age to fill a housing unit in a state 7,578
correctional institution separate from inmates who are eighteen 7,579
years of age or older, as described in division (B)(1) of this 7,580
section, the department may house the child in a housing unit in 7,581
a state correctional institution that includes both inmates who 7,582
are under eighteen years of age and inmates who are eighteen 7,583
years of age or older and under twenty-one years of age. 7,584
(4) Upon the child's attainment of eighteen years of age, 7,586
the department may house the child with the adult population of 7,587
the state correctional institution. 7,588
(C) The director or the director's designee shall develop 7,590
a policy for dealing with problems related to infection with the 7,591
human immunodeficiency virus. The policy shall include methods 7,592
of identifying individuals committed to the custody of the 7,593
department who are at high risk of infection with the virus, AND 7,595
counseling these THOSE individuals, and, if it is determined to 7,596
be medically appropriate, offering them the opportunity to be 7,597
given an HIV test approved by the director of health pursuant to 7,599
section 3701.241 of the Revised Code. 7,600
Arrangements for housing individuals diagnosed as having 7,602
AIDS or an AIDS-related condition shall be made by the department 7,604
184
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 7,605
Sec. 5120.163. AT THE TIME OF RECEPTION AND AT OTHER TIMES 7,607
THE DIRECTOR DETERMINES TO BE APPROPRIATE, THE DEPARTMENT OF 7,608
REHABILITATION AND CORRECTION MAY EXAMINE AND TEST A PRISONER FOR 7,609
TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES. THE 7,611
DEPARTMENT MAY TEST AND TREAT INVOLUNTARILY A PRISONER IN A STATE 7,612
CORRECTIONAL INSTITUTION WHO REFUSES TO BE TESTED OR TREATED FOR 7,613
TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE. 7,614
Sec. 5120.172. A MINOR WHOSE CASE IS TRANSFERRED FOR 7,616
CRIMINAL PROSECUTION PURSUANT TO SECTION 2151.26 OF THE REVISED 7,618
CODE, WHO IS PROSECUTED AS AN ADULT AND IS CONVICTED OF OR PLEADS 7,619
GUILTY TO ONE OR MORE OFFENSES IN THAT CASE, AND WHO IS SENTENCED 7,620
TO A PRISON TERM OR TERM OF IMPRISONMENT IN A STATE CORRECTIONAL 7,622
INSTITUTION FOR ONE OR MORE OF THOSE OFFENSES SHALL BE CONSIDERED
EMANCIPATED FOR THE PURPOSE OF CONSENTING TO MEDICAL TREATMENT 7,624
WHILE CONFINED IN THE STATE CORRECTIONAL INSTITUTION. 7,625
Sec. 5120.211. (A) AS USED IN THIS SECTION: 7,628
(1) "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT 7,630
IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF 7,631
REHABILITATION AND CORRECTION BY THE DIRECTOR OF REHABILITATION 7,632
AND CORRECTION, A COMMITTEE APPOINTED AT A STATE CORRECTIONAL 7,633
INSTITUTION BY THE MANAGING OFFICER OF THE INSTITUTION, OR A DULY
AUTHORIZED SUBCOMMITTEE OF A COMMITTEE OF THAT NATURE AND THAT IS 7,634
DESIGNATED TO CARRY OUT QUALITY ASSURANCE PROGRAM ACTIVITIES. 7,635
(2) "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE 7,637
PROGRAM WITHIN THE DEPARTMENT OF REHABILITATION AND CORRECTION 7,638
TO SYSTEMATICALLY REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND 7,639
MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS 7,641
INSTITUTIONS, THE SAFETY AND SECURITY OF PERSONS RECEIVING
MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS 7,643
INSTITUTIONS, AND THE EFFICIENCY AND EFFECTIVENESS OF THE 7,644
UTILIZATION OF STAFF AND RESOURCES IN THE DELIVERY OF MEDICAL AND 7,645
MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS
185
INSTITUTIONS. 7,646
(3) "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDES THE 7,648
ACTIVITIES OF THE INSTITUTIONAL AND CENTRAL OFFICE QUALITY 7,649
ASSURANCE COMMITTEES, OF PERSONS WHO PROVIDE, COLLECT, OR COMPILE 7,650
INFORMATION AND REPORTS REQUIRED BY QUALITY ASSURANCE COMMITTEES, 7,651
AND OF PERSONS WHO RECEIVE, REVIEW, OR IMPLEMENT THE
RECOMMENDATIONS MADE BY QUALITY ASSURANCE COMMITTEES. "QUALITY 7,652
ASSURANCE PROGRAM ACTIVITIES" INCLUDES CREDENTIALING, INFECTION 7,653
CONTROL, UTILIZATION REVIEW INCLUDING ACCESS TO PATIENT CARE, 7,654
PATIENT CARE ASSESSMENTS, MEDICAL AND MENTAL HEALTH RECORDS, 7,655
MEDICAL AND MENTAL HEALTH RESOURCE MANAGEMENT, MORTALITY AND 7,657
MORBIDITY REVIEW, AND IDENTIFICATION AND PREVENTION OF MEDICAL OR
MENTAL HEALTH INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY 7,658
ASSURANCE COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY 7,659
ASSURANCE COMMITTEE. 7,660
(4) "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS, 7,662
RECORDS, MINUTES, AND REPORTS THAT EMANATE FROM QUALITY ASSURANCE 7,663
PROGRAM ACTIVITIES. "QUALITY ASSURANCE RECORDS" DOES NOT INCLUDE 7,664
AGGREGATE STATISTICAL INFORMATION THAT DOES NOT DISCLOSE THE 7,666
IDENTITY OF PERSONS RECEIVING OR PROVIDING MEDICAL OR MENTAL
HEALTH SERVICES IN STATE CORRECTIONAL INSTITUTIONS. 7,667
(B)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 7,670
QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC 7,671
RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE 7,672
USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY 7,673
ASSURANCE PROGRAM.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 7,675
PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS 7,676
AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS 7,677
SHALL WILFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY PERSON 7,678
OR ENTITY.
(C)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 7,681
NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY, AND IS 7,682
NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE 7,683
186
PROCEEDING.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 7,686
MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS
PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM 7,687
SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR 7,688
ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE 7,689
RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION, 7,690
EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,
MEMBER, OR PERSON. 7,691
(3) INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE 7,693
FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING 7,694
UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL 7,696
OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED 7,698
TO A QUALITY ASSURANCE COMMITTEE. NO PERSON TESTIFYING BEFORE A 7,699
QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A
QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS 7,700
TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT 7,702
BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY 7,703
ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A 7,704
RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.
(D)(1) A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE 7,707
BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO 7,708
THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY
ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL 7,709
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY 7,711
PERSON AS A RESULT OF PROVIDING THE INFORMATION. 7,712
(2) A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON 7,714
ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE 7,715
OF THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL NOT BE 7,716
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 7,717
PERSON OR PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, 7,718
DECISIONS, OR OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF 7,719
THE QUALITY ASSURANCE PROGRAM.
(3) NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION 7,721
187
OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A 7,722
PATIENT.
(E) QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND 7,725
TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,
ONLY TO THE FOLLOWING PERSONS OR ENTITIES OR IN THE FOLLOWING 7,726
CIRCUMSTANCES: 7,727
(1) PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT 7,729
OF REHABILITATION AND CORRECTION AND WHO HAVE AUTHORITY TO 7,731
EVALUATE OR IMPLEMENT THE RECOMMENDATIONS OF AN INSTITUTIONAL OR 7,733
CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;
(2) PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED 7,735
TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO STATE 7,736
CORRECTIONAL INSTITUTIONS OR TO PERFORM MONITORING OF STATE 7,737
CORRECTIONAL INSTITUTIONS AS REQUIRED BY LAW; 7,738
(3) A GOVERNMENTAL BOARD OR AGENCY, A PROFESSIONAL HEALTH 7,740
CARE SOCIETY OR ORGANIZATION, OR A PROFESSIONAL STANDARDS REVIEW 7,741
ORGANIZATION, IF THE RECORDS OR TESTIMONY ARE NEEDED TO PERFORM 7,742
LICENSING, CREDENTIALING, OR MONITORING OF PROFESSIONAL STANDARDS 7,743
WITH RESPECT TO MEDICAL OR MENTAL HEALTH PROFESSIONALS EMPLOYED 7,744
OR RETAINED BY THE DEPARTMENT;
(4) A CRIMINAL OR CIVIL LAW ENFORCEMENT AGENCY OR PUBLIC 7,746
HEALTH AGENCY CHARGED BY LAW WITH THE PROTECTION OF PUBLIC HEALTH 7,747
OR SAFETY, IF A QUALIFIED REPRESENTATIVE OF THE AGENCY MAKES A 7,748
WRITTEN REQUEST STATING THAT THE RECORDS OR TESTIMONY IS 7,749
NECESSARY FOR A PURPOSE AUTHORIZED BY LAW;
(5) IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING COMMENCED 7,751
BY AN ENTITY DESCRIBED IN DIVISION (E)(3) OR (4) OF THIS SECTION 7,752
AND FOR A PURPOSE DESCRIBED IN THAT DIVISION, BUT ONLY WITH 7,754
RESPECT TO THE SUBJECT OF THE PROCEEDINGS.
(F) A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO 7,756
DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE 7,758
CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY 7,759
ASSURANCE RECORDS. THE NAMES AND OTHER IDENTIFYING INFORMATION 7,760
REGARDING INDIVIDUAL PATIENTS, EMPLOYEES, OR MEMBERS OF A QUALITY 7,761
188
ASSURANCE COMMITTEE CONTAINED IN A QUALITY ASSURANCE RECORD SHALL 7,763
BE DELETED FROM THE RECORD PRIOR TO THE DISCLOSURE OF THE RECORD 7,764
UNLESS THE IDENTITY OF AN INDIVIDUAL IS NECESSARY TO THE PURPOSE 7,765
FOR WHICH DISCLOSURE IS BEING MADE AND DOES NOT CONSTITUTE A 7,766
CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY. 7,767
Sec. 5120.331. (A) Not later than the first day of April 7,777
of each year, the department of rehabilitation and correction 7,778
shall prepare an annual report covering the preceding calendar 7,779
year that does all of the following:
(1) Indicates the total number of persons sentenced to any 7,781
institution, division, or place under its control and management 7,782
who are delivered within that calendar year to its custody and 7,783
control; 7,784
(2) Indicates the total number of persons who, during that 7,786
calendar year, were released from a prison term on any of the 7,788
following bases: 7,789
(a) On judicial release under section 2929.20 of the 7,792
Revised Code; 7,793
(b) On furlough TRANSITIONAL CONTROL under section 2967.26 7,795
of the Revised Code; 7,796
(c) On parole; 7,798
(d) Due to the expiration of the stated prison term 7,800
imposed;
(e) On any basis not described in divisions (A)(2)(a) to 7,802
(d) of this section. 7,803
(3) Lists each offense, by Revised Code section number 7,805
and, if applicable, by designated name, for which at least one 7,806
person who was released from a prison term in that calendar year 7,808
was serving a prison term at the time of release; 7,810
(4) For each offense included in the list described in 7,812
division (A)(3) of this section, indicates all of the following: 7,813
(a) The total number of persons released from a prison 7,815
term in that calendar year who were serving a prison term for 7,817
that offense at the time of release; 7,818
189
(b) The shortest, longest, and average prison term that 7,820
had been imposed for that offense upon the persons described in 7,823
division (A)(4)(a) of this section and that they were serving at 7,824
the time of release;
(c) The shortest, longest, and average period of 7,826
imprisonment actually served by the persons described in division 7,827
(A)(4)(a) of this section under a prison term that had been 7,829
imposed for that offense upon them and that they were serving at 7,830
the time of release; 7,831
(d) The total number of persons released from a prison 7,833
term in that calendar year under each of the bases for release 7,835
set forth in division (A)(2) of this section who were serving a 7,836
prison term for that offense at the time of release; 7,837
(e) The shortest, longest, and average prison term that 7,839
had been imposed for that offense upon the persons in each 7,842
category described in division (A)(4)(d) of this section and that 7,843
they were serving at the time of release;
(f) The shortest, longest, and average period of 7,845
imprisonment actually served by the persons in each category 7,846
described in division (A)(4)(d) of this section under a prison 7,848
term that had been imposed for that offense upon them and that 7,849
they were serving at the time of release. 7,850
(B) No report prepared under division (A) of this section 7,852
shall identify or enable the identification of any person 7,853
released from a prison term in the preceding calendar year. 7,855
(C) Each annual report prepared under division (A) of this 7,857
section shall be distributed to each member of the general 7,858
assembly. 7,859
(D) As used in this section, "prison term" and "stated 7,861
prison term" have the same meanings as in section 2929.01 of the 7,862
Revised Code.
Sec. 5120.38. Subject to the rules and regulations of the 7,871
department of rehabilitation and correction, each institution 7,872
under the department's jurisdiction shall be under the control of 7,873
190
a managing officer known as a superintendent WARDEN or other 7,874
appropriate title. Such THE managing officer shall be appointed 7,876
by the director of the department of rehabilitation and 7,878
correction and shall be in the unclassified service and serve at 7,879
the pleasure of the director. Appointment to the position of 7,880
managing officer shall be made from persons holding positions in 7,881
the classified service in the department. A WHO HAVE CRIMINAL 7,882
JUSTICE EXPERIENCE.
A person so WHO IS appointed TO THE POSITION OF MANAGING 7,885
OFFICER FROM A POSITION IN THE CLASSIFIED SERVICE shall retain
the right to resume the position and status THAT THE PERSON held 7,887
by him in the classified service immediately prior to his THE 7,890
appointment. Upon being relieved of his THE PERSON'S duties as 7,891
managing officer, such THE person shall be reinstated to the 7,893
position in the classified service THAT THE PERSON held by him 7,894
immediately prior to his THE appointment to the position of 7,895
managing officer or to another position, certified by THAT the 7,897
director, with approval of the state department of personnel 7,898
ADMINISTRATIVE SERVICES, CERTIFIES as being substantially equal 7,900
to such THAT PRIOR position. Service as a managing officer shall 7,901
be counted as service in the position in the classified service 7,902
held by such THE person immediately preceding his THE appointment 7,904
as managing officer. When such A person WHO is reinstated to a 7,906
position in the classified service, as provided in this section, 7,907
he shall be entitled to all rights and emoluments accruing to 7,908
such THE position during the time of his THE PERSON'S service as 7,909
managing officer. 7,910
The managing officer, under the director, shall have entire 7,912
executive charge of the institution for which such THE managing 7,913
officer is appointed. Subject to civil service rules and 7,914
regulations, the managing officer shall appoint the necessary 7,915
employees, and he THE MANAGING OFFICER or the director may remove 7,917
such employees for cause. A report of all appointments, 7,918
resignations, and discharges shall be filed with the director at 7,919
191
the close of each month. 7,920
After conference with the managing officer of each 7,922
institution, the director shall determine the number of employees 7,923
to be appointed to the various institutions. 7,924
Sec. 5120.381. SUBJECT TO THE RULES OF THE DEPARTMENT OF 7,926
REHABILITATION AND CORRECTION, THE DIRECTOR OF REHABILITATION AND 7,927
CORRECTION MAY APPOINT A DEPUTY WARDEN FOR EACH INSTITUTION UNDER 7,928
THE JURISDICTION OF THE DEPARTMENT. A DEPUTY WARDEN SHALL BE IN 7,929
THE UNCLASSIFIED SERVICE AND SERVE AT THE PLEASURE OF THE 7,930
DIRECTOR. THE DIRECTOR SHALL MAKE AN APPOINTMENT TO THE POSITION
OF DEPUTY WARDEN FROM PERSONS HAVING CRIMINAL JUSTICE EXPERIENCE. 7,931
A PERSON WHO IS APPOINTED TO A POSITION AS DEPUTY WARDEN FROM A 7,932
POSITION IN THE CLASSIFIED SERVICE SHALL RETAIN THE RIGHT TO 7,933
RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE 7,934
CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT. IF THE 7,935
PERSON IS RELIEVED OF THE PERSON'S DUTIES AS DEPUTY WARDEN, THE
DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION IN THE 7,937
CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR TO THE 7,938
APPOINTMENT AS DEPUTY WARDEN OR TO ANOTHER POSITION THAT IS 7,939
CERTIFIED BY THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF
ADMINISTRATIVE SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT 7,940
PRIOR POSITION. SERVICE AS DEPUTY WARDEN SHALL BE COUNTED AS 7,941
SERVICE IN THE POSITION IN THE CLASSIFIED SERVICE THAT THE PERSON 7,942
HELD IMMEDIATELY PRECEDING THE APPOINTMENT AS DEPUTY WARDEN. A 7,943
PERSON WHO IS REINSTATED TO A POSITION IN THE CLASSIFIED SERVICE 7,944
AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL RIGHTS AND
EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF THE 7,945
PERSON'S SERVICE AS DEPUTY WARDEN. 7,946
Sec. 5120.382. EXCEPT AS OTHERWISE PROVIDED IN THIS 7,948
CHAPTER FOR APPOINTMENTS BY DIVISION CHIEFS AND MANAGING 7,949
OFFICERS, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 7,952
APPOINT EMPLOYEES WHO ARE NECESSARY FOR THE EFFICIENT CONDUCT OF
THE DEPARTMENT OF REHABILITATION AND CORRECTION AND PRESCRIBE 7,953
THEIR TITLES AND DUTIES. A PERSON WHO IS APPOINTED TO AN 7,954
192
UNCLASSIFIED POSITION FROM A POSITION IN THE CLASSIFIED SERVICE 7,955
SHALL SERVE AT THE PLEASURE OF THE DIRECTOR AND RETAIN THE RIGHT 7,956
TO RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE 7,957
CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT. IF THE 7,958
PERSON IS RELIEVED OF THE PERSON'S DUTIES FOR THE UNCLASSIFIED 7,959
POSITION, THE DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION 7,960
IN THE CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR 7,961
TO THE APPOINTMENT OR TO ANOTHER POSITION THAT IS CERTIFIED BY 7,962
THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE 7,963
SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT PRIOR CLASSIFIED 7,964
POSITION. SERVICE IN THE UNCLASSIFIED SERVICE PURSUANT TO THE 7,965
APPOINTMENT SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE
CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRECEDING THE 7,966
APPOINTMENT. A PERSON WHO IS REINSTATED TO A POSITION IN THE 7,967
CLASSIFIED SERVICE AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL 7,968
RIGHTS AND EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF 7,969
THE PERSON'S UNCLASSIFIED SERVICE.
Sec. 5120.56. (A) AS USED IN THIS SECTION: 7,972
(1) "ANCILLARY SERVICES" MEANS SERVICES PROVIDED TO AN 7,974
OFFENDER AS NECESSARY FOR THE PARTICULAR CIRCUMSTANCES OF THE 7,975
OFFENDER'S PERSONAL SUPERVISION, INCLUDING, BUT NOT LIMITED TO, 7,976
SPECIALIZED COUNSELING, TESTING, OR OTHER SERVICES NOT INCLUDED 7,978
IN THE CALCULATION OF RESIDENTIAL OR SUPERVISION COSTS. 7,979
(2) "COST DEBT" MEANS A COST OF INCARCERATION OR 7,981
SUPERVISION THAT MAY BE ASSESSED AGAINST AND COLLECTED FROM AN 7,982
OFFENDER AS A DEBT TO THE STATE AS DESCRIBED IN DIVISION (E) OF 7,983
THIS SECTION. 7,984
(3) "DETENTION FACILITY" MEANS ANY PLACE USED FOR THE 7,986
CONFINEMENT OF A PERSON CHARGED WITH OR CONVICTED OF ANY CRIME. 7,987
(4) "OFFENDER" MEANS ANY INMATE, PAROLEE, PROBATIONER, 7,989
RELEASEE, OR OTHER PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 7,991
GUILTY TO ANY FELONY OR MISDEMEANOR AND IS SENTENCED TO ANY OF 7,992
THE FOLLOWING:
(a) A TERM OF IMPRISONMENT, A PRISON TERM, OR ANOTHER TYPE 7,994
193
OF CONFINEMENT IN A DETENTION FACILITY; 7,996
(b) PARTICIPATION IN ANOTHER CORRECTIONAL PROGRAM IN LIEU 7,998
OF INCARCERATION. 7,999
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 8,002
RECOVER FROM AN OFFENDER WHO IS IN ITS CUSTODY OR UNDER ITS
SUPERVISION ANY COST DEBT DESCRIBED IN DIVISION (E) OF THIS 8,004
SECTION. TO SATISFY A COST DEBT DESCRIBED IN THAT DIVISION THAT 8,005
RELATES TO AN OFFENDER, THE DEPARTMENT MAY APPLY DIRECTLY ASSETS 8,006
THAT ARE IN THE DEPARTMENT'S POSSESSION AND THAT ARE BEING HELD 8,007
FOR THAT OFFENDER WITHOUT FURTHER PROCEEDINGS IN AID OF 8,009
EXECUTION, AND, IF ASSETS BELONGING TO OR SUBJECT TO THE 8,011
DIRECTION OF THAT OFFENDER ARE IN THE POSSESSION OF A THIRD
PARTY, THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO 8,012
INITIATE PROCEEDINGS TO COLLECT THE ASSETS FROM THE THIRD PARTY 8,013
TO SATISFY THE COST DEBT.
(C) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 8,016
REQUIRE ANY OFFENDER TO REIMBURSE A LOCAL GOVERNMENT OR PRIVATE 8,017
ENTITY FOR ANY SERVICE PROVIDED TO THE OFFENDER IN A PROGRAM OF 8,018
THE LOCAL GOVERNMENT OR PRIVATE ENTITY THAT IS FUNDED IN WHOLE OR 8,019
IN PART BY THE STATE. THE DEPARTMENT MAY AUTHORIZE THE LOCAL 8,020
GOVERNMENT OR PRIVATE ENTITY TO OBTAIN REIMBURSEMENT FROM THE 8,021
OFFENDER ON BEHALF OF THE DEPARTMENT. THE DEPARTMENT MAY REQUIRE 8,022
THE LOCAL GOVERNMENT OR PRIVATE ENTITY TO REIMBURSE THE STATE 8,023
FUNDING AUTHORITY FOR THE REIMBURSED FUNDS COLLECTED FROM 8,024
OFFENDERS ON ITS BEHALF, OR MAY REQUIRE THAT THE LOCAL GOVERNMENT 8,026
OR PRIVATE ENTITY MANAGE AND EXPEND THE REIMBURSED FUNDS, IN 8,028
ACCORDANCE WITH ANY RULES ADOPTED UNDER DIVISION (G) OF THIS 8,029
SECTION.
(D) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (F) OR (H) OF 8,033
THIS SECTION, ALL OF THE FOLLOWING ASSETS OF AN OFFENDER SHALL BE 8,034
SUBJECT TO ATTACHMENT, COLLECTION, OR APPLICATION TOWARD THE COST 8,035
DEBTS DESCRIBED IN DIVISION (E) OF THIS SECTION THAT ARE TO BE 8,036
RECOVERED UNDER DIVISION (B) OF THIS SECTION: 8,037
(1) SUBJECT TO DIVISION (F) OF THIS SECTION, ANY PAY THE 8,039
194
OFFENDER RECEIVES FROM THE STATE; 8,040
(2) SUBJECT TO DIVISION (F) OF THIS SECTION, ANY FUNDS THE 8,042
OFFENDER RECEIVES FROM PERSONS ON AN APPROVED VISITOR LIST; 8,044
(3) ANY LIQUID ASSETS BELONGING TO THE OFFENDER AND IN THE 8,046
CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION; 8,047
(4) ANY ASSETS THE OFFENDER ACQUIRES OR ANY OTHER INCOME 8,049
THE OFFENDER EARNS SUBSEQUENT TO THE OFFENDER'S COMMITMENT. 8,051
(E) COSTS OF INCARCERATION OR SUPERVISION THAT MAY BE 8,054
ASSESSED AGAINST AND COLLECTED FROM AN OFFENDER UNDER DIVISION 8,055
(B) OF THIS SECTION AS A DEBT TO THE STATE SHALL INCLUDE, BUT ARE 8,056
NOT LIMITED TO, ALL OF THE FOLLOWING COSTS THAT ACCRUE WHILE THE 8,057
OFFENDER IS IN THE CUSTODY OR UNDER THE SUPERVISION OF THE 8,058
DEPARTMENT OF REHABILITATION AND CORRECTION:
(1) ANY USER FEE OR COPAYMENT FOR SERVICES AT A DETENTION 8,060
FACILITY OR HOUSING FACILITY, INCLUDING, BUT NOT LIMITED TO, A 8,061
FEE OR COPAYMENT FOR SICK CALL VISITS; 8,062
(2) ASSESSMENT FOR DAMAGE TO OR DESTRUCTION OF PROPERTY IN 8,064
A DETENTION FACILITY SUBSEQUENT TO COMMITMENT; 8,065
(3) RESTITUTION TO AN OFFENDER OR TO A STAFF MEMBER OF A 8,067
STATE CORRECTIONAL INSTITUTION FOR THEFT, LOSS, OR DAMAGE TO THE 8,068
PERSONAL PROPERTY OF THE OFFENDER OR STAFF MEMBER; 8,070
(4) THE COST OF HOUSING AND FEEDING THE OFFENDER IN A 8,072
DETENTION FACILITY; 8,073
(5) THE COST OF SUPERVISION OF THE OFFENDER; 8,075
(6) THE COST OF ANY ANCILLARY SERVICES PROVIDED TO THE 8,077
OFFENDER.
(F) THE COST OF HOUSING AND FEEDING AN OFFENDER IN A STATE 8,080
CORRECTIONAL INSTITUTION SHALL NOT BE COLLECTED FROM A PAYMENT 8,081
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 8,082
OFFENDER RECEIVES FROM VISITORS, UNLESS THE COMBINED ASSETS IN 8,083
THE OFFENDER'S INSTITUTION PERSONAL ACCOUNT EXCEED, AT ANY TIME, 8,084
ONE HUNDRED DOLLARS. IF THE COMBINED ASSETS IN THAT ACCOUNT 8,085
EXCEED ONE HUNDRED DOLLARS, THE COST OF HOUSING AND FEEDING THE 8,086
195
OFFENDER MAY BE COLLECTED FROM THE AMOUNT IN EXCESS OF ONE 8,087
HUNDRED DOLLARS. 8,088
(G)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION 8,091
SHALL ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE 8,092
TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION. 8,093
(2) THE RULES ADOPTED UNDER DIVISION (G)(1) OF THIS 8,096
SECTION SHALL INCLUDE, BUT ARE NOT LIMITED TO, RULES THAT 8,097
ESTABLISH OR CONTAIN ALL OF THE FOLLOWING:
(a) A PROCESS FOR ASCERTAINING THE ITEMS OF COST TO BE 8,099
ASSESSED AGAINST AN OFFENDER; 8,100
(b) SUBJECT TO DIVISION (G)(3) OF THIS SECTION, A PROCESS 8,103
BY WHICH THE OFFENDER SHALL HAVE THE OPPORTUNITY TO RESPOND TO 8,104
THE ASSESSMENT OF COSTS UNDER DIVISION (B) OR (C) OF THIS SECTION 8,105
AND TO CONTEST ANY ITEM OF COST IN THE DEPARTMENT'S CALCULATION 8,106
OR AS IT APPLIES TO THE OFFENDER;
(c) A REQUIREMENT THAT THE OFFENDER BE NOTIFIED, IN 8,108
WRITING, OF A FINAL DECISION TO COLLECT OR APPLY THE OFFENDER'S 8,109
ASSETS UNDER DIVISION (B) OR (C) OF THIS SECTION AND THAT THE 8,110
NOTIFICATION BE PROVIDED AFTER THE OFFENDER HAS HAD AN 8,111
OPPORTUNITY TO CONTEST THE APPLICATION OR COLLECTION; 8,112
(d) CRITERIA FOR EVALUATING AN OFFENDER'S ONGOING, 8,114
PERMANENT INJURY AND EVALUATING THE ABILITY OF THAT TYPE OF 8,115
OFFENDER TO PROVIDE FOR THE OFFENDER AFTER INCARCERATION. 8,116
(3) THE RULES ADOPTED UNDER DIVISION (G)(1) OF THIS 8,119
SECTION MAY ALLOW THE COLLECTION OF A COST DEBT AS A FLAT FEE OR 8,120
OVER TIME IN INSTALLMENTS. IF THE COST DEBT IS TO BE COLLECTED 8,121
OVER TIME IN INSTALLMENTS, THE RULES ARE NOT REQUIRED TO PERMIT 8,122
THE OFFENDER AN OPPORTUNITY TO CONTEST THE ASSESSMENT OF EACH 8,123
INSTALLMENT. THE RULES MAY ESTABLISH A STANDARD FEE TO APPLY TO
ALL OFFENDERS WHO RECEIVE A PARTICULAR SERVICE. 8,124
(H) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 8,127
NOT COLLECT COST DEBTS OR APPLY OFFENDER ASSETS TOWARD A COST 8,128
DEBT UNDER DIVISION (B) OR (C) OF THIS SECTION IF, DUE TO AN 8,129
ONGOING, PERMANENT INJURY, THE COLLECTION OR APPLICATION WOULD 8,130
196
UNJUSTLY LIMIT THE OFFENDER'S ABILITY TO PROVIDE FOR THE OFFENDER 8,131
AFTER INCARCERATION.
(I) IF AN OFFENDER ACQUIRES ASSETS AFTER THE OFFENDER IS 8,134
CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE AND IF THE TRANSFEROR 8,135
KNOWS OF THE OFFENDER'S STATUS AS AN OFFENDER, THE TRANSFEROR
SHALL NOTIFY THE DEPARTMENT OF REHABILITATION AND CORRECTION IN 8,136
ADVANCE OF THE TRANSFER. 8,137
(J) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 8,140
OFFENDER FINANCIAL RESPONSIBILITY FUND. ALL MONEYS COLLECTED BY 8,141
OR ON BEHALF OF THE DEPARTMENT UNDER THIS SECTION, AND ALL MONEYS
CURRENTLY IN THE DEPARTMENT'S CUSTODY THAT ARE APPLIED TO SATISFY 8,143
AN ALLOWABLE COST DEBT UNDER THIS SECTION, SHALL BE DEPOSITED 8,145
INTO THE FUND. THE DEPARTMENT OF REHABILITATION AND CORRECTION
MAY EXPEND MONEYS IN THE FUND FOR GOODS AND SERVICES OF THE SAME 8,146
TYPE AS THOSE FOR WHICH OFFENDERS ARE ASSESSED PURSUANT TO THIS 8,147
SECTION.
Sec. 5120.99. A PERSON WHO VIOLATES DIVISION (B)(2) OF 8,150
SECTION 5120.211 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 8,152
TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE 8,153
THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE. 8,154
Sec. 5122.10. Any psychiatrist, licensed clinical 8,163
psychologist, licensed physician, health officer, parole officer, 8,164
police officer, or sheriff may take a person into custody, or the 8,165
chief of the adult parole authority or a parole or probation 8,166
officer with the approval of the chief of the authority may take 8,167
a parolee, probationer, OFFENDER ON POST-RELEASE CONTROL, or 8,168
furloughee OFFENDER UNDER TRANSITIONAL CONTROL into custody and 8,169
may immediately transport him THE PAROLEE, PROBATIONER, OFFENDER 8,171
ON POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL 8,173
to a hospital or, notwithstanding section 5119.20 of the Revised 8,175
Code, to a general hospital not licensed by the department of 8,176
mental health where he THE PAROLEE, PROBATIONER, OFFENDER ON 8,177
POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL may 8,178
be held for the period prescribed in this section, if the 8,180
197
psychiatrist, licensed clinical psychologist, licensed physician, 8,181
health officer, parole officer, police officer, or sheriff has
reason to believe that the person is a mentally ill person 8,183
subject to hospitalization by court order under division (B) of 8,184
section 5122.01 of the Revised Code, and represents a substantial 8,185
risk of physical harm to himself SELF or others if allowed to 8,186
remain at liberty pending examination. 8,187
A written statement shall be given to such hospital by the 8,189
transporting psychiatrist, licensed clinical psychologist, 8,190
licensed physician, health officer, parole officer, police 8,191
officer, chief of the adult parole authority, parole or probation 8,192
officer, or sheriff stating the circumstances under which such 8,193
person was taken into custody and the reasons for the 8,194
psychiatrist's, licensed clinical psychologist's, licensed 8,195
physician's, health officer's, parole officer's, police 8,196
officer's, chief of the adult parole authority's, parole or 8,197
probation officer's, or sheriff's belief. This statement shall 8,198
be made available to the respondent or his THE RESPONDENT'S 8,199
attorney upon request of either. 8,200
Every reasonable and appropriate effort shall be made to 8,202
take persons into custody in the least conspicuous manner 8,203
possible. A person taking the respondent into custody pursuant 8,204
to this section shall explain to the respondent: the name, 8,205
professional designation, and agency affiliation of the person 8,206
taking the respondent into custody; that the custody-taking is 8,207
not a criminal arrest; and that the person is being taken for 8,208
examination by mental health professionals at a specified mental 8,209
health facility identified by name. 8,210
If a person taken into custody under this section is 8,212
transported to a general hospital, the general hospital may admit 8,213
the person, or provide care and treatment for the person, or 8,214
both, notwithstanding section 5119.20 of the Revised Code, but by 8,215
the end of twenty-four hours after his arrival at the general 8,216
hospital, the person shall be transferred to a hospital as 8,217
198
defined in section 5122.01 of the Revised Code. 8,218
A person transported or transferred to a hospital or 8,220
community mental health agency under this section shall be 8,221
examined by the staff of the hospital or agency within 8,222
twenty-four hours after his arrival at the hospital or agency. If 8,224
to conduct the examination requires that the person remain
overnight, the hospital or agency shall admit the person in an 8,225
unclassified status until making a disposition under this 8,226
section. After the examination, if the chief clinical officer of 8,227
the hospital or agency believes that the person is not a mentally 8,228
ill person subject to hospitalization by court order, he THE 8,229
CHIEF CLINICAL OFFICER shall release or discharge the person 8,230
immediately unless a court has issued a temporary order of 8,231
detention applicable to the person under section 5122.11 of the 8,232
Revised Code. After the examination, if the chief clinical 8,233
officer believes that the person is a mentally ill person subject 8,234
to hospitalization by court order, he THE CHIEF CLINICAL OFFICER 8,235
may detain the person for not more than three court days 8,236
following the day of the examination and during such period admit 8,237
the person as a voluntary patient under section 5122.02 of the 8,238
Revised Code or file an affidavit under section 5122.11 of the 8,239
Revised Code. If neither action is taken and a court has not 8,240
otherwise issued a temporary order of detention applicable to the 8,241
person under section 5122.11 of the Revised Code, the chief 8,242
clinical officer shall discharge the person at the end of the 8,243
three-day period unless the person has been sentenced to the 8,244
department of rehabilitation and correction and has not been 8,245
released from his THE PERSON'S sentence, in which case the person 8,246
shall be returned to that department. 8,247
Sec. 5122.32. (A) AS USED IN THIS SECTION: 8,249
(1) "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT 8,251
IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF MENTAL 8,252
HEALTH BY THE DIRECTOR OF MENTAL HEALTH, A COMMITTEE OF A 8,253
HOSPITAL OR COMMUNITY SETTING PROGRAM, A COMMITTEE ESTABLISHED 8,254
199
PURSUANT TO SECTION 5119.47 OF THE REVISED CODE OF THE DEPARTMENT 8,255
OF MENTAL HEALTH APPOINTED BY THE MANAGING OFFICER OF THE
HOSPITAL OR PROGRAM, OR A DULY AUTHORIZED SUBCOMMITTEE OF A 8,257
COMMITTEE OF THAT NATURE AND THAT IS DESIGNATED TO CARRY OUT 8,258
QUALITY ASSURANCE PROGRAM ACTIVITIES.
(2) "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE 8,260
PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH TO SYSTEMATICALLY 8,261
REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND MENTAL HEALTH 8,263
SERVICES WITHIN THE DEPARTMENT AND ITS HOSPITALS AND COMMUNITY 8,264
SETTING PROGRAMS, THE SAFETY AND SECURITY OF PERSONS RECEIVING
MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS 8,266
HOSPITALS AND COMMUNITY SETTING PROGRAMS, AND THE EFFICIENCY AND 8,267
EFFECTIVENESS OF THE UTILIZATION OF STAFF AND RESOURCES IN THE 8,268
DELIVERY OF MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE
DEPARTMENT AND ITS HOSPITALS AND COMMUNITY SETTING PROGRAMS. 8,269
"QUALITY ASSURANCE PROGRAM" INCLUDES THE CENTRAL OFFICE QUALITY 8,271
ASSURANCE COMMITTEES, MORBIDITY AND MORTALITY REVIEW COMMITTEES, 8,272
QUALITY ASSURANCE PROGRAMS OF COMMUNITY SETTING PROGRAMS, QUALITY 8,273
ASSURANCE COMMITTEES OF HOSPITALS OPERATED BY THE DEPARTMENT OF 8,274
MENTAL HEALTH, AND THE OFFICE OF LICENSURE AND CERTIFICATION OF
THE DEPARTMENT. 8,275
(3) "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDE 8,277
COLLECTING OR COMPILING INFORMATION AND REPORTS REQUIRED BY A 8,278
QUALITY ASSURANCE COMMITTEE, RECEIVING, REVIEWING, OR 8,279
IMPLEMENTING THE RECOMMENDATIONS MADE BY A QUALITY ASSURANCE 8,280
COMMITTEE, AND CREDENTIALING, PRIVILEGING, INFECTION CONTROL,
TISSUE REVIEW, PEER REVIEW, UTILIZATION REVIEW INCLUDING ACCESS 8,281
TO PATIENT CARE RECORDS, PATIENT CARE ASSESSMENT RECORDS, AND 8,283
MEDICAL AND MENTAL HEALTH RECORDS, MEDICAL AND MENTAL HEALTH 8,285
RESOURCE MANAGEMENT, MORTALITY AND MORBIDITY REVIEW, AND
IDENTIFICATION AND PREVENTION OF MEDICAL OR MENTAL HEALTH 8,286
INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY ASSURANCE 8,287
COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY ASSURANCE 8,288
COMMITTEE.
200
(4) "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS, 8,290
DISCUSSION, RECORDS, FINDINGS, RECOMMENDATIONS, EVALUATIONS, 8,291
OPINIONS, MINUTES, REPORTS, AND OTHER DOCUMENTS OR ACTIONS THAT 8,292
EMANATE FROM QUALITY ASSURANCE COMMITTEES, QUALITY ASSURANCE 8,293
PROGRAMS, OR QUALITY ASSURANCE PROGRAM ACTIVITIES. "QUALITY 8,294
ASSURANCE RECORDS" DOES NOT INCLUDE AGGREGATE STATISTICAL 8,295
INFORMATION THAT DOES NOT DISCLOSE THE IDENTITY OF PERSONS
RECEIVING OR PROVIDING MEDICAL OR MENTAL HEALTH SERVICES IN 8,297
DEPARTMENT OF MENTAL HEALTH INSTITUTIONS.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 8,300
QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC 8,301
RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE 8,302
USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY 8,303
ASSURANCE PROGRAM.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 8,305
PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS 8,306
AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS 8,307
SHALL WILLFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY 8,308
PERSON OR ENTITY.
(C)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 8,311
NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY IN, AND 8,312
IS NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE 8,313
PROCEEDING.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 8,316
MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS
PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM 8,317
SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR 8,318
ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE 8,319
RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION, 8,320
EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,
MEMBER, OR PERSON. 8,321
(3) INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE 8,323
FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING 8,324
UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL 8,326
201
OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED 8,328
TO A QUALITY ASSURANCE COMMITTEE. NO PERSON TESTIFYING BEFORE A 8,329
QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A
QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS 8,330
TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT 8,332
BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY 8,333
ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A 8,334
RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.
(D)(1) A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE 8,337
BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO 8,338
THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY
ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL 8,339
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY 8,341
PERSON AS A RESULT OF PROVIDING THE INFORMATION. 8,342
(2) A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON 8,344
ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE 8,345
OF THE DEPARTMENT OF MENTAL HEALTH SHALL NOT BE LIABLE IN DAMAGES 8,346
IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 8,347
PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, DECISIONS, OR 8,348
OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF THE QUALITY 8,349
ASSURANCE PROGRAM.
(3) NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION 8,351
OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A 8,352
PATIENT.
(E) QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND 8,355
TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,
ONLY TO THE FOLLOWING PERSONS OR ENTITIES: 8,356
(1) PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT 8,358
OF MENTAL HEALTH AND WHO HAVE AUTHORITY TO EVALUATE OR IMPLEMENT 8,359
THE RECOMMENDATIONS OF A STATE-OPERATED HOSPITAL, COMMUNITY 8,360
SETTING PROGRAM, OR CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE; 8,361
(2) PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED 8,363
TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO 8,364
DEPARTMENT OF MENTAL HEALTH HOSPITALS OR COMMUNITY SETTING 8,365
202
PROGRAMS, OR TO PERFORM MONITORING OF A HOSPITAL OR PROGRAM OF 8,366
THAT NATURE AS REQUIRED BY LAW.
(F) A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO 8,368
DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE 8,369
CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY 8,370
ASSURANCE RECORDS.
Sec. 5122.99. A PERSON WHO VIOLATES DIVISION (B)(2) OF 8,372
SECTION 5122.32 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 8,373
TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE 8,374
THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE. 8,375
Sec. 5145.16. (A) The department of rehabilitation and 8,384
correction shall establish a program for the employment WORK 8,385
PROGRAMS in some form of labor of FOR as many prisoners as 8,387
possible who are in the custody of the department, except those 8,389
prisoners who are not able to perform labor because of illness or 8,390
other health problems, security requirements, routine processing, 8,391
disciplinary action, or other reasonable circumstances or because 8,392
they are engaged in educational, vocational, or other training. 8,393
The employment LABOR may be in the department's manufacturing and 8,394
service industries and agriculture, in private industry or 8,396
agriculture that is located within or outside the department's 8,397
institutions, in public works, in institutional jobs necessary 8,398
for the proper maintenance and operation of the institutions 8,399
under the control of the department, or in any other appropriate 8,400
form of labor. The department, pursuant to the program, shall 8,401
attempt to employ, provide employment for, and seek employment 8,402
for ENGAGE IN WORK PROGRAMS as many prisoners as possible who are 8,403
in their ITS custody AND WHO ARE ELIGIBLE FOR THE PROGRAMS. The 8,405
department is not required to provide employment for ENGAGE every 8,406
employable ELIGIBLE prisoner in their custody A WORK PROGRAM when 8,408
there is not sufficient money, facilities, or jobs ARE NOT 8,410
available to provide the employment FOR THE PROGRAM; however, the 8,411
department shall continuously seek sources of employment LABOR 8,412
for as many employable ELIGIBLE prisoners as possible. 8,413
203
(B) The department, in establishing and administering the 8,415
program WORK PROGRAMS established pursuant to division (A) of 8,416
this section, shall do all of the following: 8,418
(1) Assign a level, grade within the level, or other 8,420
category for each job within the penal manufacturing and service 8,421
industries and agriculture, each job within private industry and 8,422
agriculture, each institutional job, each job in public works, 8,424
and every other job for which prisoners are eligible to perform 8,425
labor. The level, grade, and other categorization of each job 8,426
shall be dependent upon the skills required to perform the job, 8,427
the security that is present at the job, the salary and other 8,428
compensation for the job, and any other relevant characteristics 8,429
of the job. 8,430
(2) Establish for each institution controlled by the 8,432
department a system for assigning prisoners to perform jobs, for 8,433
periodically evaluating the job performance of each prisoner, and 8,434
for periodically evaluating the qualifications of each prisoner 8,435
for other jobs; 8,436
(3) Transfer prisoners, whenever appropriate, to 8,438
institutions controlled by the department to enable a prisoner to 8,439
be employed at ENGAGED IN a different job; 8,440
(4) Whenever appropriate, permit prisoners to be 8,442
furloughed RELEASED ON TRANSITIONAL CONTROL, in addition to other 8,444
authorized reasons for granting a furlough TRANSFERRING A 8,445
PRISONER TO TRANSITIONAL CONTROL, to gain POST-RELEASE employment 8,446
in private industry or agriculture; 8,447
(5) Attempt to provide jobs and job training for prisoners 8,449
that will be useful to the prisoners in obtaining employment when 8,450
released, except that institutional jobs at the institutions need 8,451
not be related to employment outside the institution; 8,452
(6) Establish an accounting system to administer and 8,454
allocate the earnings of the prisoners as provided by division 8,455
(C)(8) of this section; 8,456
(7) Require all persons IN PRIVATE INDUSTRY OR AGRICULTURE 8,458
204
who employ prisoners to meet all applicable work safety 8,460
standards.
(C) The department, in establishing and administering the 8,462
program WORK PROGRAMS required to be established by division (A) 8,463
of this section, may do any of the following: 8,465
(1) Enter into contracts with private industry and 8,467
agriculture and receive grants to establish test work programs 8,468
within or outside institutions under the control of the 8,469
department; 8,470
(2) Enter into contracts with private industry for the 8,472
establishment of manufacturing and service industries within or 8,473
close to institutions under the control of the department for the 8,474
employment of prisoners; 8,475
(3) Enter into contracts with private industry and 8,477
agriculture to provide employment WORK PROGRAMS for prisoners; 8,478
(4) Lease or sell state-owned land for the establishment 8,480
of private industry or agriculture upon the condition that the 8,481
majority of the industrial or agricultural jobs created by the 8,482
industry or agriculture be given to prisoners; 8,483
(5) Construct factories or shops to provide employment 8,485
WORK PROGRAMS for prisoners; 8,487
(6) Enter into contracts with labor organizations, except 8,489
that the department shall not permit any prisoners to establish 8,490
their own labor organization and that a labor organization shall 8,491
not represent any prisoners employed within an institution 8,492
controlled by the department; 8,493
(7) Enter into any other contracts or perform any other 8,495
functions that are necessary to comply with division (A) of this 8,496
section or section 5145.161 of the Revised Code; 8,497
(8) Allocate the earnings of the prisoners as follows: 8,499
(a) Up to twenty-five per cent of the earnings to 8,502
reimburse the state for room and board and for the expense of
providing employment to the prisoner. 8,503
(b) Up to twenty-five per cent of the earnings to be 8,506
205
distributed to one or both of the following:
(i) To the victims of the prisoner's offenses for 8,508
restitution if the prisoner voluntarily requests or is under 8,509
court order to make restitution payments; 8,510
(ii) To the reparations fund established pursuant to 8,513
division (A) of section 2743.191 of the Revised Code if the 8,514
prisoner voluntarily participates in an approved work and 8,515
training program under this section.
(c) Up to twenty-five per cent of the earnings to the 8,518
prisoner's dependents.
(d) At least twenty-five per cent of the earnings to the 8,521
account of the prisoner.
(D) A PRISONER WHO IS ENGAGED IN A WORK PROGRAM THAT IS 8,523
ESTABLISHED UNDER THIS SECTION AND IN WHICH THE PRISONER IS 8,525
REQUIRED TO OPERATE A MOTOR VEHICLE, AS DEFINED IN DIVISION (I) 8,526
OF SECTION 4509.01 OF THE REVISED CODE, IS AN "EMPLOYEE" OF THE 8,527
STATE FOR THE SOLE PURPOSE OF LIABILITY INSURANCE COVERAGE
PURSUANT TO SECTION 9.83 OF THE REVISED CODE TO COVER THE 8,529
PRISONER'S REQUIRED OPERATION OF THE MOTOR VEHICLE. A PRISONER 8,530
ENROLLED IN A WORK PROGRAM ESTABLISHED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION SHALL NOT BE CONSIDERED AS AN 8,531
EMPLOYEE OF THE STATE UNDER ANY OTHER CIRCUMSTANCE OR FOR ANY 8,532
OTHER PURPOSE.
Sec. 5145.24. (A) THE DIRECTOR OF REHABILITATION AND 8,534
CORRECTION MAY GRANT AN ADMINISTRATIVE RELEASE, AS DEFINED IN 8,535
SECTION 2967.01 OF THE REVISED CODE, TO A PRISONER WHO ESCAPED 8,536
FROM A STATE CORRECTIONAL INSTITUTION AND WHOSE WHEREABOUTS ARE 8,537
UNKNOWN WHEN BOTH OF THE FOLLOWING APPLY: 8,538
(1) THE NINETIETH ANNIVERSARY OF THE PRISONER'S BIRTH HAS 8,541
PASSED;
(2) A PERIOD OF AT LEAST TWENTY YEARS HAS PASSED SINCE THE 8,544
DATE OF THE PRISONER'S ESCAPE.
(B) THE DIRECTOR SHALL ADOPT RULES PURSUANT TO SECTION 8,546
111.15 OF THE REVISED CODE FOR THE GRANTING OF AN ADMINISTRATIVE 8,547
206
RELEASE UNDER THIS SECTION.
(C) AN ADMINISTRATIVE RELEASE GRANTED UNDER THIS SECTION 8,549
DOES NOT OPERATE TO RESTORE THE RIGHTS AND PRIVILEGES FORFEITED 8,550
BY CONVICTION AS PROVIDED IN SECTION 2961.01 OF THE REVISED CODE. 8,551
(D) THE AUTHORITY TO GRANT AN ADMINISTRATIVE RELEASE THAT 8,553
IS CONTAINED IN THIS SECTION IS INDEPENDENT OF THE ADMINISTRATIVE 8,554
RELEASE PROVISIONS CONTAINED IN SECTION 2967.17 OF THE REVISED 8,555
CODE.
Sec. 5149.05. (A) Subject to division (B) of this 8,564
section, employees of the adult parole authority, when authorized 8,566
by the chief of the division of parole and community services, 8,567
may carry firearms if required in the discharge of their duties. 8,568
(B) The chief of the adult parole authority may grant a 8,570
state parole officer or field officer AN EMPLOYEE permission to 8,571
carry firearms A FIREARM in the discharge of THE EMPLOYEE'S 8,573
official duties, provided that any parole officer or field 8,574
officer who is granted permission to carry firearms in the 8,575
discharge of official duties shall, within six months of 8,576
receiving permission to carry a firearm, THE EMPLOYEE HAS 8,577
successfully complete COMPLETED a basic firearm training program 8,578
that is conducted at a training school approved by the Ohio peace 8,579
officer training commission and that is substantially similar to 8,580
the basic firearm training program for peace officers conducted 8,581
at the Ohio peace officer training academy and receive a 8,582
certificate of satisfactory completion of that program from the 8,583
executive director of the Ohio peace officer training commission. 8,584
Any state parole or field officer who does not successfully 8,585
complete a basic firearm training program within the six-month 8,586
period after receiving permission to carry a firearm shall not 8,587
carry a firearm in the discharge of official duties until the 8,588
officer has successfully completed a basic firearm training 8,589
program. After receipt of a certificate of satisfactory 8,590
completion of a basic firearm training program, to maintain the 8,591
right to carry firearms in the discharge of official duties, a 8,592
207
state parole officer or field officer shall ADMINISTERED BY THE 8,593
DEPARTMENT OF REHABILITATION AND CORRECTION. IN ORDER TO 8,594
CONTINUE TO CARRY A FIREARM IN THE DISCHARGE OF THE EMPLOYEE'S
OFFICIAL DUTIES, THE EMPLOYEE ANNUALLY SHALL successfully 8,595
complete a firearms requalification program in accordance with 8,597
section 109.801 of the Revised Code.
Sec. 5149.09. Except as provided in section 5149.02 and 8,606
division (B) of section 5149.10 of the Revised Code, all 8,607
positions in the adult parole authority are in the classified 8,609
civil service of the state, and appointments to the various 8,611
positions in the department shall be made in accordance with 8,612
Chapter 124. of the Revised Code and with rules adopted pursuant 8,613
to that chapter.
The chief of the division of parole and community services 8,615
is the principal appointing authority of the adult parole 8,616
authority, and the chief shall appoint all officers and employees 8,618
of the authority except for those officers appointed by the 8,619
director of rehabilitation and correction pursuant to section 8,620
5149.02 or division (B) of section 5149.10 of the Revised Code. 8,621
Sec. 5149.30. As used in sections 5149.30 to 5149.37 of 8,630
the Revised Code: 8,631
(A) "Community corrections programs" include, but are not 8,635
limited to, probation, parole, preventive or diversionary
corrections programs, release-on-recognizance programs, and 8,636
PROSECUTORIAL DIVERSION PROGRAMS, specialized treatment programs 8,638
for alcoholic and narcotic-addicted offenders, AND COMMUNITY 8,639
CONTROL SANCTIONS AS DEFINED IN SECTION 2929.01 OF THE REVISED 8,640
CODE.
(B) "Local corrections planning board" means the board 8,642
established in each county under section 5149.34 of the Revised 8,643
Code. 8,644
(C) "Joint county corrections planning board" means the 8,646
board established by contiguous MULTIPLE counties under section 8,647
5149.35 of the Revised Code. 8,649
208
Sec. 5149.31. The department of rehabilitation and 8,658
correction shall do all of the following: 8,659
(A) Establish and administer a program of subsidies to FOR 8,661
eligible counties and groups of contiguous counties for felony 8,662
offenders and a program of subsidies to FOR eligible municipal 8,664
corporations, counties, and groups of contiguous counties for 8,667
misdemeanor offenders for the development, implementation, and 8,669
operation of community corrections programs. Department
expenditures for administration of both programs of subsidies 8,670
shall not exceed ten per cent of the moneys appropriated for each 8,671
of the purposes of this division. 8,672
(B) Adopt and promulgate rules, under Chapter 119. of the 8,674
Revised Code, providing standards for community corrections 8,675
programs. The standards shall be designed to improve the quality 8,676
and efficiency of the programs and to reduce the number of 8,677
persons committed to state correctional institutions and to 8,679
county, multicounty, municipal, municipal-county, or
multicounty-municipal jails or workhouses for offenses for which 8,680
community control sanctions are authorized under section 2929.13 8,681
or 2929.15 of the Revised Code. In developing the standards, the 8,682
department shall consult with, and seek the advice of, local 8,683
corrections agencies, law enforcement agencies, and other public 8,684
and private agencies concerned with corrections. The department 8,685
shall conduct, and permit participation by local corrections 8,686
planning boards established under section 5149.34 of the Revised 8,687
Code and joint county corrections planning boards established 8,688
under section 5149.35 of the Revised Code in, an annual review of 8,689
the standards to measure their effectiveness in promoting the 8,690
purposes specified in this division and shall amend or rescind 8,691
any existing rule providing a standard or adopt and promulgate 8,692
additional rules providing standards, under Chapter 119. of the 8,693
Revised Code, if the review indicates that the standards fail to 8,694
promote the purposes. 8,695
(C) Accept and use any funds, goods, or services from the 8,697
209
federal government or any other public or private source for the 8,698
support of the subsidy programs established under division (A) of 8,700
this section. The department may comply with any conditions and
enter into any agreements that it considers necessary to obtain 8,701
these funds, goods, or services. 8,702
(D) Adopt rules, in accordance with Chapter 119. of the 8,704
Revised Code, and do all other things necessary to implement 8,705
sections 5149.30 to 5149.37 of the Revised Code; 8,706
(E) Evaluate or provide for the evaluation of community 8,708
corrections programs funded by the subsidy programs established 8,709
under division (A) of this section and establish means of 8,710
measuring their effectiveness;
(F) Prepare an annual report evaluating the subsidy 8,712
programs established under division (A) of this section. The 8,713
report shall include, but need not be limited to, analyses of the 8,714
structure of the programs and their administration by the 8,715
department, the effectiveness of the programs in the development 8,716
and implementation of community corrections programs, the 8,717
specific standards adopted and promulgated under division (B) of 8,718
this section and their effectiveness in promoting the purposes of 8,719
the programs, and the findings of the evaluations conducted under 8,720
division (E) of this section. The director of rehabilitation and 8,721
correction shall review and certify the accuracy of the report 8,722
and provide copies of it, upon request, to members of the general 8,723
assembly. 8,724
(G) Provide training or assistance, upon THE request OF A 8,726
LOCAL CORRECTIONS PLANNING BOARD OR A JOINT COUNTY CORRECTIONS 8,727
PLANNING BOARD, to any local unit of government with an 8,729
in-service training program for corrections personnel, subject to 8,730
available resources of the department. 8,731
Sec. 5149.32. To be eligible for funds from the subsidy 8,740
programs established under division (A) of section 5149.31 of the 8,742
Revised Code, a municipal corporation, county, or group of 8,743
contiguous counties shall comply with all of the following that 8,744
210
are relevant: 8,745
(A) Maintain programs that meet the standards adopted 8,747
under division (B) of section 5149.31 of the Revised Code, or, in 8,748
the case of a county or group of contiguous counties that has not 8,749
established a department of probation and receives probation 8,750
services through the parole supervision section of the authority, 8,751
establish that any subsidy received from the subsidy program for 8,753
felony offenders established under division (A) of section
5149.31 of the Revised Code would be used to establish or 8,755
maintain programs that meet the standards adopted under division 8,756
(B) of that section and that are or will be operated by the 8,757
parole supervision section as an extension of the probation 8,758
services it provides to the county or group of contiguous 8,759
counties;
(B) Demonstrate that it has made efforts to unify or 8,761
coordinate its correctional service programs through 8,762
consolidation, written agreements, purchase of service contracts, 8,763
or other means; 8,764
(C) Demonstrate that the comprehensive plan, if any, for 8,766
the county in which the municipal corporation is located, for the 8,767
county, or for each county of the group of contiguous counties, 8,768
as adopted under section 5149.34 of the Revised Code, has been 8,769
approved by the director of rehabilitation and correction, or 8,770
demonstrate, if applicable, an approval as described in division 8,771
(C) of section 5149.34 of the Revised Code; 8,772
(D) If a subsidy was received in any prior fiscal year 8,774
from a subsidy program established under division (A) of section 8,776
5149.31 of the Revised Code, demonstrate that the subsidy was 8,777
expended in a good faith effort to improve the quality and
efficiency of its community corrections programs and to reduce 8,779
the number of persons committed to state correctional 8,780
institutions and to county, multicounty, municipal,
municipal-county, or multicounty-municipal jails or workhouses. 8,781
Sec. 5149.33. No municipal corporation, county, or group 8,790
211
of contiguous counties receiving a subsidy under division (A) of 8,791
section 5149.31 of the Revised Code shall reduce, by the amount 8,792
of the subsidy it receives or by a greater or lesser amount, the 8,793
amount of local, nonfederal funds it expends for corrections, 8,794
including, but not limited to, the amount of local, nonfederal
funds it expends for the operation of the county, multicounty, 8,795
municipal, municipal-county, or multicounty-municipal jail or 8,796
workhouse, for any county or municipal probation department, or 8,797
for any community corrections program. Each subsidy shall be 8,798
used to make corrections expenditures in excess of those being 8,799
made from local, nonfederal funds. No subsidy or portion of a 8,800
subsidy shall be used to make capital improvements. If a 8,801
recipient violates this section, the department of rehabilitation 8,802
and correction shall discontinue subsidy payments to the
recipient. 8,803
Sec. 5149.34. (A)(1)(a) If a county desires to receive a 8,812
subsidy from a subsidy program established under division (A) of 8,814
section 5149.31 of the Revised Code for two or more community 8,815
corrections programs as described in division (B) of that 8,817
section, then, on and after August 22, 1990, the board of county 8,818
commissioners of the county shall establish, by a resolution as 8,821
described in this division, and maintain a local corrections 8,822
planning board that, except as provided in division (A)(1)(b)(2) 8,823
of this section, shall include an administrator of a county, 8,825
multicounty, municipal, municipal-county, or 8,826
multicounty-municipal jail or workhouse located in the county, a 8,827
county commissioner of that county, a judge of the court of 8,828
common pleas of that county, a judge of a municipal court OR 8,829
COUNTY COURT of that county, an attorney whose practice of law 8,830
primarily involves the representation of criminal defendants, the 8,831
chief law enforcement officer of the largest municipal 8,832
corporation located in the county, the county sheriff, one or 8,833
more prosecutors, as defined in section 2935.01 of the Revised 8,834
Code, one or more representatives of the public, one of whom 8,836
212
shall be a victim of crime, one or more additional
representatives of the law enforcement community, one or more 8,838
additional representatives of the judiciary, one or more 8,839
additional representatives of the field of corrections, and 8,840
officials from the largest municipal corporation located in the 8,841
county. A majority of the members of the board shall be employed 8,842
in the adult criminal justice field. At least two members of the 8,843
board shall be members of the largest racial minority population, 8,845
if any, in the county, and at least two other members of the 8,846
board shall be women. The resolution shall state the number and 8,847
nature of the members, the duration of their terms, the manner of 8,848
filling vacancies on the board, and the compensation, if any, 8,849
that members are to receive. THE BOARD OF COUNTY COMMISSIONERS 8,850
ALSO MAY SPECIFY, AS PART OF THE RESOLUTION, ANY OTHER DUTIES THE 8,851
LOCAL CORRECTIONS PLANNING BOARD IS TO ASSUME.
(b)(2) If, for good cause shown, including, but not 8,853
limited to, the refusal of a specified individual to serve on a 8,854
local corrections planning board, a particular county is not able 8,855
to satisfy the requirements specified in division (A)(1)(a) of 8,856
this section for the composition of such a board, the director of 8,857
rehabilitation and correction may waive the requirements to the 8,858
extent necessary and approve a composition for the board that 8,859
otherwise is consistent with the requirements. 8,860
(2) If a county desires to receive a subsidy from a 8,862
subsidy program established under division (A) of section 5149.31 8,863
of the Revised Code for only one community corrections program as 8,865
described in division (B) of that section, and if that county 8,866
received prior to August 22, 1990, a subsidy from that program 8,867
for any community corrections program as described in division 8,868
(B) of that section, then, on and after August 22, 1990, the 8,869
board of county commissioners of the county shall establish and 8,870
maintain, subject to division (A)(1)(b) of this section, a local 8,871
corrections planning board as described in division (A)(1)(a) of 8,872
this section. 8,873
213
(3) If a county desires to receive a subsidy from a 8,875
subsidy program established under division (A) of section 5149.31 8,876
of the Revised Code for only one community corrections program as 8,877
described in division (B) of that section, and if that county did 8,879
not receive prior to August 22, 1990, a subsidy from that program 8,880
for any community corrections program as described in division 8,881
(B) of that section, then, on and after August 22, 1990, the 8,882
board of county commissioners of the county may establish and
maintain, but is not required to establish and maintain as a 8,883
condition of receiving the subsidy, a local corrections planning 8,884
board as described in division (A)(1)(a) of this section. If the 8,885
board of county commissioners elects to establish and maintain a 8,886
local corrections planning board, the board either shall comply 8,887
with division (B) or (C) of this section. 8,888
(B) Each local corrections planning board established 8,890
pursuant to division (A)(1) or (2) of this section shall adopt 8,891
within eighteen months after its establishment, and from time to 8,892
time shall revise, a comprehensive plan for the development, 8,894
implementation, and operation of corrections services in the 8,895
county. The plan shall be adopted and revised after 8,896
consideration has been given to the impact that it will have or 8,897
has had on the populations of state correctional institutions and 8,899
county, multicounty, municipal, municipal-county, or 8,900
multicounty-municipal jails or workhouses in the county, and 8,901
shall be designed to unify or coordinate corrections services in 8,902
the county and to reduce the number of persons committed, 8,903
consistent with the standards adopted under division (B) of 8,904
section 5149.31 of the Revised Code, from that county to state 8,905
correctional institutions and to county, multicounty, municipal, 8,906
municipal-county, or multicounty-municipal jails or workhouses. 8,907
The plan and any revisions to the plan shall be submitted to the 8,908
board of county commissioners of the county in which the local 8,909
corrections planning board is located for approval. 8,910
If a county has a community-based correctional facility and 8,912
214
program established in accordance with sections 2301.51 to 8,913
2301.56 of the Revised Code, the budgets of the facility and 8,914
program shall not be subject to approval by the local corrections 8,915
planning board, but instead shall continue to be determined in 8,916
accordance with those sections. However, the local corrections 8,917
planning board shall include the facility and program as part of 8,918
the comprehensive plan adopted and revised pursuant to this 8,919
division. 8,920
(C) If a county desires to receive a subsidy from a 8,922
subsidy program established under division (A) of section 5149.31 8,923
of the Revised Code for only one community corrections program as 8,925
described in division (B) of that section, if that county did not 8,926
receive prior to August 22, 1990, a subsidy from that program for 8,927
any community corrections program as described in division (B) of 8,928
that section, and if a local corrections planning board is not 8,929
established and maintained for that county or a local corrections 8,930
planning board is established and maintained for that county but 8,931
the board does not adopt a comprehensive plan as described in 8,932
division (B) of this section in accordance with division (A)(3) 8,933
of this section, then, prior to receiving a subsidy from the 8,934
subsidy program for the felony community corrections program or 8,936
from the subsidy program for the misdemeanor community
corrections program, the board shall obtain the approval of the 8,938
relevant parties in the criminal justice system that will be 8,939
affected by the community corrections program.
Sec. 5149.35. (A) The boards of county commissioners of 8,949
two or more contiguous counties may enter into an agreement for 8,950
the joint development, implementation, and operation of community 8,952
corrections programs and, if the circumstances described in 8,954
division (A)(1)(a) or (2) of section 5149.34 of the Revised Code 8,955
apply to the counties, shall MAY establish and maintain a joint 8,957
county corrections planning board. Subject to division 8,958
(A)(1)(b)(2) of section 5149.34 of the Revised Code, the board 8,959
shall consist of an equal number of members of each county's 8,960
215
local corrections planning board as established and maintained 8,961
under division (A)(1)(a) or (2) of that section. The joint 8,962
county corrections planning board shall comply with the 8,963
comprehensive plans adopted under that section in the operation 8,964
of community corrections programs, but, if provisions of the 8,966
comprehensive plans are contradictory or otherwise inconsistent, 8,967
the board shall determine which provisions control. 8,968
(B) If contiguous counties desire to receive a subsidy 8,970
from a subsidy program established under division (A) of section 8,972
5149.31 of the Revised Code for only one community corrections 8,973
program as described in division (B) of that section, and if the 8,974
counties did not receive prior to August 22, 1990, a subsidy from 8,976
that program for a community corrections program as described in
division (B) of that section, then, on and after August 22, 1990, 8,978
the boards of county commissioners of the counties may establish 8,981
and maintain, but are not required to establish and maintain as a 8,982
condition of receiving the subsidy, a joint county corrections 8,983
planning board as described in division (A) of this section. If 8,984
the boards of county commissioners elect to establish and 8,985
maintain a joint county corrections planning board, the board 8,986
shall comply with either division (B) or (C) of section 5149.34 8,987
of the Revised Code. If the boards of county commissioners do 8,988
not elect to establish and maintain a joint county corrections 8,989
planning board or if they establish and maintain a joint county 8,990
corrections planning board but the board does not adopt a 8,991
comprehensive plan as described in division (B) of section 8,992
5149.34 of the Revised Code, the board shall comply with division 8,993
(C) of that section.
Sec. 5149.36. Subject to appropriations by the general 9,003
assembly, the department of rehabilitation and correction shall 9,004
award subsidies to eligible municipal corporations, counties, and 9,005
groups of contiguous counties pursuant to the subsidy programs 9,006
described in division (A) of section 5149.31 of the Revised Code 9,007
only in accordance with criteria that the department shall 9,008
216
specify in rules adopted pursuant to Chapter 119. of the Revised 9,009
Code. The criteria shall be designed to provide for subsidy 9,010
awards only on the basis of demonstrated need and the 9,011
satisfaction of specified priorities. The criteria shall be 9,012
consistent with the following:
(A) First priority shall be given to the continued funding 9,014
of existing community corrections programs that satisfy the 9,016
standards adopted pursuant to division (B) of section 5149.31 of 9,017
the Revised Code and that are designed to reduce the number of 9,018
persons committed to state correctional institutions. 9,019
(B) Second priority shall be given to new community 9,021
corrections programs that are designed to reduce the number of 9,023
persons committed to state correctional institutions or the 9,025
number of persons committed to county, multicounty, municipal, 9,026
municipal-county, or multicounty-municipal jails or workhouses. 9,027
Sec. 5149.37. No provision of sections 5149.30 to 5149.36 9,036
of the Revised Code shall be construed to impose limitations upon 9,037
the power of the department of rehabilitation and correction 9,038
under Chapters 5120. and 5149. of the Revised Code to afford 9,039
municipal corporations and counties with and to supervise their 9,040
probation, parole, and other corrections services, or to impose 9,041
limitations upon the power of the department to contract with a 9,042
county or group of contiguous counties that has not established a 9,043
department of probation and receives probation services through 9,044
the parole supervision section of the authority, for the purpose 9,045
of establishing and maintaining with the amount of a subsidy 9,046
awarded to the county or group of contiguous counties pursuant to 9,047
sections 5149.31 to 5149.36 of the Revised Code one or more 9,048
community corrections programs that meet the standards adopted 9,050
under division (B) of section 5149.31 of the Revised Code and 9,051
that are or will be operated by the parole supervision section as 9,052
an extension of the probation services it provides to the county 9,053
or group of contiguous counties.
Section 2. That existing sections 9.83, 109.42, 307.93, 9,055
217
341.14, 341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16, 9,056
753.21, 2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25, 9,057
2305.251, 2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14, 9,059
2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2963.35, 9,060
2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 2967.26, 9,061
2967.27, 2967.28, 3313.65, 5120.031, 5120.05, 5120.06, 5120.102, 9,062
5120.103, 5120.104, 5120.105, 5120.16, 5120.331, 5120.38, 9,063
5122.10, 5145.16, 5149.05, 5149.09, 5149.30, 5149.31, 5149.32, 9,064
5149.33, 5149.34, 5149.35, 5149.36, and 5149.37 and sections 9,066
2967.23, 5120.07, 5120.071, 5120.072, 5120.073, and 5120.074 of 9,067
the Revised Code are hereby repealed. 9,069
Section 3. That Sections 3, 4, and 5 of Am. Sub. H.B. 725 9,071
of the 119th General Assembly are hereby repealed. 9,072
Section 4. Section 109.42 of the Revised Code is presented 9,075
in this act as a composite of the section as amended by both Am. 9,076
Sub. H.B. 601 and Am. Sub. H.B. 180 of the 121st General 9,077
Assembly, with the new language of neither of the acts shown in 9,079
capital letters. Sections 307.93, 341.14, 341.19, 341.23, 9,080
341.34, 753.02, 753.04, 753.16, 753.21, 2301.56, and 2947.19 of 9,081
the Revised Code are presented in this act as a composite of the 9,082
sections as amended by Sub. H.B. 480 and Am. Sub. S.B. 269 of the 9,083
121st General Assembly, with the new language of neither of the 9,084
acts shown in capital letters. Section 2903.13 of the Revised 9,086
Code is presented in this act as a composite of the section as 9,087
amended by both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 121st 9,088
General Assembly, with the new language of neither of the acts 9,090
shown in capital letters. Section 2929.01 of the Revised Code is 9,091
presented in this act as a composite of the section as amended by 9,092
Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. S.B. 166, Am. Sub. 9,093
S.B. 269, and Am. Sub. H.B. 180 of the 121st General Assembly, 9,095
with the new language of none of the acts shown in capital 9,097
letters. Section 2929.13 of the Revised Code is presented in 9,098
this act as a composite of the section as amended by Am. Sub. 9,100
H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am. Sub. H.B.
218
180 of the 121st General Assembly, with the new language of none 9,103
of the acts shown in capital letters. Section 2929.14 of the 9,104
Revised Code is presented in this act as a composite of the 9,105
section as amended by Am. Sub. H.B. 88, Am. Sub. H.B. 445, Sub. 9,106
H.B. 154, Am. Sub. S.B. 166, Am. Sub. S.B. 269, and Am. Sub. H.B. 9,107
180 of the 121st General Assembly, with the new language of none 9,108
of the acts shown in capital letters. Section 2967.27 of the 9,110
Revised Code is presented in this act as a composite of the 9,111
section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B. 9,112
180 of the 121st General Assembly, with the new language of 9,113
neither of the acts shown in capital letters. Section 3313.65 of 9,115
the Revised Code is presented in this act as a composite of the 9,116
section as amended by both Am. Sub. H.B. 117 and Am. Sub. S.B. 2 9,117
of the 121st General Assembly, with the new language of neither 9,119
of the acts shown in capital letters. Section 5120.031 of the 9,120
Revised Code is presented in this act as a composite of the 9,121
section as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 9,122
230 of the 121st General Assembly, with the new language of 9,123
neither of the acts shown in capital letters. Section 5120.16 of 9,125
the Revised Code is presented in this act as a composite of the 9,126
section as amended by both Am. Sub. H.B. 124 and Am. Sub. S.B. 9,127
285 of the 121st General Assembly, with the new language of 9,128
neither of the acts shown in capital letters. This is in 9,130
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be 9,131
harmonized where not substantively irreconcilable and constitutes 9,132
a legislative finding that such is the resulting version in 9,133
effect prior to the effective date of this act. 9,134
Section 5. Sections 1, 2, 3, and 4 of this act shall take 9,136
effect on July 1, 1997, or on the earliest date permitted by law, 9,137
whichever is later.