As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 111  5            

      1997-1998                                                    6            


         SENATORS B. JOHNSON-BLESSING-CARNES-WATTS-GAETH           8            


                                                                   10           

                           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, 2961.01, 2963.35, 2967.01, 2967.131,                   

                2967.14, 2967.15, 2967.191, 2967.22, 2967.26,      21           

                2967.27, 2967.28, 3313.65, 5120.031, 5120.05,      22           

                5120.06, 5120.102, 5120.103, 5120.104, 5120.105,                

                5120.16, 5120.331, 5120.38, 5122.10, 5145.16,      24           

                5149.05, 5149.09, 5149.30, 5149.31, 5149.32,                    

                5149.33, 5149.34, 5149.35, 5149.36, and 5149.37,   26           

                to enact sections 2967.141, 5120.163, 5120.172,    27           

                5120.211, 5120.381, 5120.382, 5120.56, 5120.99,    29           

                5122.32, 5122.99, and 5145.24 and to repeal                     

                sections 2967.23, 5120.07, 5120.071, 5120.072,     30           

                5120.073, and 5120.074 of the Revised Code and to  31           

                repeal Sections 3, 4, and 5 of Am. Sub. H.B. 725   32           

                of the 119th General Assembly relative to the law               

                governing the Department of Rehabilitation and     33           

                Correction, to certain corrections-related         34           

                matters, to quality assurance records of the                    

                Department of Rehabilitation and Correction and    35           

                the Department of Mental Health, to the                         

                competence as electors of felons who are on        36           

                judicial release or under post-release control,    37           

                and to the examination and testing for             38           

                                                          2      

                                                                 
                tuberculosis, HIV infection, and other contagious  39           

                diseases of convicted and certain accused                       

                offenders who are confined.                        40           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        42           

      Section 1.  That sections 9.83, 109.42, 307.93, 341.14,      44           

341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16, 753.21,    45           

2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25, 2305.251,    46           

2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14, 2929.16,     47           

2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2961.01, 2963.35,     48           

2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 2967.26,   51           

2967.27, 2967.28, 3313.65, 5120.031, 5120.05, 5120.06, 5120.102,   52           

5120.103, 5120.104, 5120.105, 5120.16, 5120.331, 5120.38,          54           

5122.10, 5145.16, 5149.05, 5149.09, 5149.30, 5149.31, 5149.32,     55           

5149.33, 5149.34, 5149.35, 5149.36, and 5149.37 be amended and     57           

sections 2967.141, 5120.163, 5120.172, 5120.211, 5120.381,         59           

5120.382, 5120.56, 5120.99, 5122.32, 5122.99, and 5145.24 of the   60           

Revised Code be enacted to read as follows:                        61           

      Sec. 9.83.  (A)  The state and any political subdivision     70           

may procure a policy or policies of insurance insuring its         71           

officers and employees against liability for injury, death, or     72           

loss to person or property that arises out of the operation of an  73           

automobile, truck, motor vehicle with auxiliary equipment,         74           

self-propelling equipment or trailer, aircraft, or watercraft by   75           

the officers or employees while engaged in the course of their     76           

employment or official responsibilities for the state or the       77           

political subdivision.  The state is authorized to expend funds    78           

to pay judgments that are rendered in any court against its        79           

officers or employees and that result from such operation, and is  80           

authorized to expend funds to compromise claims for liability      81           

against its officers or employees that result from such            82           

operation.  No insurer shall deny coverage under such a policy,    83           

and the state shall not refuse to pay judgments or compromise      84           

claims, on the ground that an automobile, truck, motor vehicle     85           

                                                          3      

                                                                 
with auxiliary equipment, self-propelling equipment or trailer,    86           

aircraft, or watercraft was not being used in the course of an     87           

officer's or employee's employment or official responsibilities    88           

for the state or a political subdivision unless the officer or     89           

employee who was operating an automobile, truck, motor vehicle     90           

with auxiliary equipment, or self-propelling equipment or trailer  91           

is convicted of a violation of section 124.71 of the Revised Code  92           

as a result of the same events.                                    93           

      (B)  Such funds shall be reserved as are necessary, in the   95           

exercise of sound and prudent actuarial judgment, to cover         96           

potential expense, fees, damage, loss, or other liability.  The    97           

superintendent of insurance may recommend or, if the state         98           

requests of the superintendent, shall recommend, a specific        99           

amount for any period of time that, in his THE SUPERINTENDENT'S    100          

opinion, represents such a judgment.                               102          

      (C)  Nothing in this section shall be construed to require   104          

the department of administrative services to purchase liability    105          

insurance for all state vehicles in a single policy of insurance   106          

or to cover all state vehicles under a single plan of              107          

self-insurance.                                                    108          

      (D)  Insurance procured by the state pursuant to this        110          

section shall be procured as provided in section 125.03 of the     111          

Revised Code.                                                      112          

      (E)  FOR PURPOSES OF LIABILITY INSURANCE PROCURED UNDER      114          

THIS SECTION TO COVER THE OPERATION OF A MOTOR VEHICLE BY A        115          

PRISONER FOR WHOM THE INSURANCE IS PROCURED, "EMPLOYEE" INCLUDES   116          

A PRISONER IN THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND  118          

CORRECTION WHO IS ENROLLED IN A WORK PROGRAM THAT IS ESTABLISHED   119          

BY THE DEPARTMENT PURSUANT TO SECTION 5145.16 OF THE REVISED CODE               

AND IN WHICH THE PRISONER IS REQUIRED TO OPERATE A MOTOR VEHICLE,  120          

AS DEFINED IN SECTION 4509.01 OF THE REVISED CODE, AND WHO IS      121          

ENGAGED IN THE OPERATION OF A MOTOR VEHICLE IN THE COURSE OF THE   122          

WORK PROGRAM.                                                                   

      Sec. 109.42.  (A)  The attorney general shall prepare and    131          

                                                          4      

                                                                 
have printed a pamphlet that contains a compilation of all         132          

statutes relative to victim's rights in which the attorney         133          

general lists and explains the statutes in the form of a victim's  135          

bill of rights.  The attorney general shall distribute the         136          

pamphlet to all sheriffs, marshals, municipal corporation and      138          

township police departments, constables, and other law             139          

enforcement agencies, to all prosecuting attorneys, city           140          

directors of law, village solicitors, and other similar chief      141          

legal officers of municipal corporations, and to organizations     142          

that represent or provide services for victims of crime.  The      143          

victim's bill of rights set forth in the pamphlet shall contain a  144          

description of all of the rights of victims that are provided for  145          

in Chapter 2930. or in any other section of the Revised Code and   146          

shall include, but not be limited to, all of the following:        147          

      (1)  The right of a victim or a victim's representative to   150          

attend a proceeding before a grand jury, in a juvenile case, or    151          

in a criminal case pursuant to a subpoena without being            152          

discharged from the victim's or representative's employment,       153          

having the victim's or representative's employment terminated,     154          

having the victim's or representative's pay decreased or           155          

withheld, or otherwise being punished, penalized, or threatened    156          

as a result of time lost from regular employment because of the    157          

victim's or representative's attendance at the proceeding          159          

pursuant to the subpoena, as set forth in section 2151.211,        160          

2930.18, 2939.121, or 2945.451 of the Revised Code;                             

      (2)  The potential availability pursuant to section          162          

2151.411 of the Revised Code of a forfeited recognizance to pay    163          

damages caused by a child when the delinquency of the child or     164          

child's violation of probation is found to be proximately caused   165          

by the failure of the child's parent or guardian to subject the    166          

child to reasonable parental authority or to faithfully discharge  167          

the conditions of probation;                                       168          

      (3)  The availability of awards of reparations pursuant to   170          

sections 2743.51 to 2743.72 of the Revised Code for injuries       171          

                                                          5      

                                                                 
caused by criminal offenses;                                       172          

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

victim's representative to receive, pursuant to section 2930.06    175          

of the Revised Code, notice of the date, time, and place of the    176          

trial in the case or, if there will not be a trial, information    177          

from the prosecutor, as defined in section 2930.01 of the Revised  178          

Code, regarding the disposition of the case;                                    

      (5)  The right of the victim in certain criminal cases or a  180          

victim's representative to receive, pursuant to section 2930.04,   181          

2930.05, or 2930.06 of the Revised Code, notice of the name of     182          

the person charged with the violation, the case or docket number   183          

assigned to the charge, and a telephone number or numbers that     184          

can be called to obtain information about the disposition of the   185          

case;                                                                           

      (6)  The right of the victim in certain criminal cases or    187          

of the victim's representative pursuant to section 2930.13 or      189          

2930.14 of the Revised Code, subject to any reasonable terms set   190          

by the court as authorized under section 2930.14 of the Revised    191          

Code, to make a statement about the victimization and, if          193          

applicable, a statement relative to the sentencing of the          194          

offender;                                                          195          

      (7)  The opportunity to obtain a court order, pursuant to    197          

section 2945.04 of the Revised Code, to prevent or stop the        198          

commission of the offense of intimidation of a crime victim or     199          

witness or an offense against the person or property of the        200          

complainant, or of the complainant's ward or child;                201          

      (8)  The right of the victim in certain criminal cases or a  203          

victim's representative pursuant to sections 2929.20, 2930.10,     204          

2930.16, and 2930.17 of the Revised Code to receive notice of a    205          

pending motion for judicial release of the person who committed    207          

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

statement at the court hearing on the motion;                      208          

      (9)  The right of the victim in certain criminal cases or a  210          

victim's representative, pursuant to section 2930.16, 2967.12, OR  212          

                                                          6      

                                                                 
2967.26, or 2967.27 of the Revised Code, to receive notice of any  213          

pending commutation, pardon, parole, or furlough TRANSITIONAL      214          

CONTROL, OTHER FORM OF AUTHORIZED RELEASE, OR POST-RELEASE         215          

CONTROL for the person who committed the offense against the       216          

victim or any application for release of that person and to send   218          

a written statement relative to the victimization and the pending  219          

action to the adult parole authority;                              220          

      (10)  The right of the victim to bring a civil action        222          

pursuant to sections 2969.01 to 2969.06 of the Revised Code to     223          

obtain money from the offender's profit fund;                      224          

      (11)  The right, pursuant to section 3109.09 of the Revised  227          

Code, to maintain a civil action to recover compensatory damages                

not exceeding ten thousand dollars and costs from the parent of a  229          

minor who willfully damages property through the commission of an  230          

act that would be a theft offense, as defined in section 2913.01   231          

of the Revised Code, if committed by an adult;                                  

      (12)  The right, pursuant to section 3109.10 of the Revised  233          

Code, to maintain a civil action to recover compensatory damages   234          

not exceeding ten thousand dollars and costs from the parent of a  235          

minor who willfully and maliciously assaults a person;             236          

      (13)  The possibility of receiving restitution from an       238          

offender or a delinquent child pursuant to section 2151.355,       239          

2929.18, or 2929.21 of the Revised Code;                           240          

      (14)  The right of the victim in certain criminal cases or   243          

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

Revised Code, to receive notice of the escape from confinement or  245          

custody of the person who committed the offense, to receive that   246          

notice from the custodial agency of the person at the victim's     247          

last address or telephone number provided to the custodial         248          

agency, and to receive notice that, if either the victim's         249          

address or telephone number changes, it is in the victim's         250          

interest to provide the new address or telephone number to the     251          

custodial agency.                                                  252          

      (15)  The right of a victim of domestic violence to seek     254          

                                                          7      

                                                                 
the issuance of a temporary protection order pursuant to section   256          

2919.26 of the Revised Code, to seek the issuance of a civil       257          

protection order pursuant to section 3113.31 of the Revised Code,  258          

and to be accompanied by a victim advocate during court                         

proceedings.                                                       259          

      (16)  The right of a victim of a sexually oriented offense   262          

that is committed by a person who is adjudicated as being a        263          

sexual predator or, in certain cases, by a person who is           264          

determined to be a habitual sex offender to receive, pursuant to   265          

section 2950.10 of the Revised Code, notice that the offender has  267          

registered with a sheriff under section 2950.04 or 2950.05 of the  268          

Revised Code and notice of the offender's name and residence       269          

address or addresses, and a summary of the manner in which the     270          

victim must make a request to receive the notice.  As used in      271          

this division, "sexually oriented offense," "adjudicated as being  272          

a sexual predator," and "habitual sex offender" have the same      273          

meanings as in section 2950.01 of the Revised Code.                274          

      (17)  The right of a victim of certain sexually violent      276          

offenses committed by a sexually violent predator who is           277          

sentenced to a prison term pursuant to division (A)(3) of section  279          

2971.03 of the Revised Code to receive, pursuant to section        280          

2930.16 of the Revised Code, notice of a hearing to determine      281          

whether to modify the requirement that the offender serve the      282          

entire prison term in a state correctional facility, whether to    283          

continue, revise, or revoke any existing modification of that      284          

requirement, or whether to terminate the prison term.  As used in  285          

this division, "sexually violent offense" and "sexually violent    286          

predator" have the same meanings as in section 2971.01 of the      287          

Revised Code.                                                                   

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

prosecuting attorney, assistant prosecuting attorney, city         291          

director of law, assistant director of law, village solicitor,     292          

assistant village solicitor, or similar chief legal officer of a   293          

municipal corporation or an assistant of any such officer who      294          

                                                          8      

                                                                 
prosecutes an offense committed in this state, upon first contact  295          

with the victim of the offense, the victim's family, or the        296          

victim's dependents, shall give the victim, the victim's family,   297          

or the victim's dependents a copy of the pamphlet prepared         298          

pursuant to division (A) of this section and explain, upon         299          

request, the information in the pamphlet to the victim, the        300          

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

      (b)  Subject to division (B)(1)(c) of this section, a law    302          

enforcement agency that investigates an offense committed in this  305          

state shall give the victim of the offense, the victim's family,   306          

or the victim's dependents a copy of the pamphlet prepared         308          

pursuant to division (A) of this section at one of the following   309          

times:                                                                          

      (i)  Upon first contact with the victim, the victim's        311          

family, or the victim's dependents;                                312          

      (ii)  If the offense is an offense of violence, if the       314          

circumstances of the offense and the condition of the victim, the  316          

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

victim, the victim's family, or the victim's dependents will not   317          

be able to understand the significance of the pamphlet upon first  319          

contact with the agency, and if the agency anticipates that it     320          

will have an additional contact with the victim, the victim's      321          

family, or the victim's dependents, upon the agency's second       322          

contact with the victim, the victim's family, or the victim's      323          

dependents.                                                                     

      If the agency does not give the victim, the victim's         325          

family, or the victim's dependents a copy of the pamphlet upon     326          

first contact with them and does not have a second contact with    327          

the victim, the victim's family, or the victim's dependents, the   329          

agency shall mail a copy of the pamphlet to the victim, the        330          

victim's family, or the victim's dependents at their last known    331          

address.                                                           332          

      (c)  In complying on and after December 9, 1994, with the    334          

duties imposed by division (B)(1)(a) or (b) of this section, an    336          

                                                          9      

                                                                 
official or a law enforcement agency shall use copies of the       337          

pamphlet that are in the official's or agency's possession on      338          

December 9, 1994, until the official or agency has distributed     340          

all of those copies.  After the official or agency has             341          

distributed all of those copies, the official or agency shall use  342          

only copies of the pamphlet that contain at least the information  343          

described in division (A)(1) to (15) of this section.              344          

      (2)  The failure of a law enforcement agency or of a         346          

prosecuting attorney, assistant prosecuting attorney, director of  347          

law, assistant director of law, village solicitor, assistant       348          

village solicitor, or similar chief legal officer of a municipal   349          

corporation or an assistant to any such officer to give, as        350          

required by division (B)(1) of this section, the victim of an      352          

offense, the victim's family, or the victim's dependents a copy    353          

of the pamphlet prepared pursuant to division (A) of this section  354          

does not give the victim, the victim's family, the victim's        355          

dependents, or a victim's representative any rights under section  357          

122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,  358          

3109.09, or 3109.10 of the Revised Code or under any other         359          

provision of the Revised Code and does not affect any right under  360          

those sections.                                                    361          

      (3)  A law enforcement agency, a prosecuting attorney or     363          

assistant prosecuting attorney, or a director of law, assistant    364          

director of law, village solicitor, assistant village solicitor,   365          

or similar chief legal officer of a municipal corporation that     366          

distributes a copy of the pamphlet prepared pursuant to division   367          

(A) of this section shall not be required to distribute a copy of  368          

an information card or other printed material provided by the      369          

clerk of the court of claims pursuant to section 2743.71 of the    370          

Revised Code.                                                                   

      (C)  The cost of printing and distributing the pamphlet      372          

prepared pursuant to division (A) of this section shall be paid    373          

out of the reparations fund, created pursuant to section 2743.191  374          

of the Revised Code, in accordance with division (D) of that       375          

                                                          10     

                                                                 
section.                                                           376          

      (D)  As used in this section:                                378          

      (1)  "Victim's representative" has the same meaning as in    380          

section 2930.01 of the Revised Code;                               381          

      (2)  "Victim advocate" has the same meaning as in section    384          

2919.26 of the Revised Code.                                                    

      Sec. 307.93.  (A)  The boards of county commissioners of     394          

two or more adjacent counties may contract for the joint           395          

establishment of a multicounty correctional center, and the board  396          

of county commissioners of a county or the boards of two or more   397          

counties may contract with any municipal corporation or municipal  398          

corporations located in that county or those counties for the      399          

joint establishment of a municipal-county or                       400          

multicounty-municipal correctional center.  The center shall       401          

augment county and, where applicable, municipal jail programs and  402          

facilities by providing custody and rehabilitative programs for    403          

those persons under the charge of the sheriff of any of the        404          

contracting counties or of the officer or officers of the          405          

contracting municipal corporation or municipal corporations        406          

having charge of persons incarcerated in the municipal jail,       407          

workhouse, or other correctional facility who, in the opinion of   408          

the sentencing court, need programs of custody and rehabilitation  409          

not available at the county or municipal jail and by providing     410          

custody and rehabilitative programs in accordance with division    411          

(C) of this section, if applicable.  The contract may include,     412          

but need not be limited to, provisions regarding the acquisition,  413          

construction, maintenance, repair, termination of operations, and  414          

administration of the center.  The contract shall prescribe the    415          

manner of funding of, and debt assumption for, the center and the  416          

standards and procedures to be followed in the operation of the    417          

center.  Except as provided in division (H) of this section, the   419          

contracting counties and municipal corporations shall form a       421          

corrections commission to oversee the administration of the        422          

center.  Members of the commission shall consist of the sheriff    423          

                                                          11     

                                                                 
of each participating county, the president of the board of        424          

county commissioners of each participating county, the presiding   425          

judge of the court of common pleas of each participating county,   426          

or, if the court of common pleas of a participating county has     427          

only one judge, then that judge, the chief of police of each       428          

participating municipal corporation, the mayor or city manager of  429          

each participating municipal corporation, and the presiding judge  430          

or the sole judge of the municipal court of each participating     431          

municipal corporation.  Any of the foregoing officers may appoint  432          

a designee to serve in the officer's place on the corrections      433          

commission.  The standards and procedures shall be formulated and  434          

agreed to by the commission and may be amended at any time during  435          

the life of the contract by agreement of the parties to the        436          

contract upon the advice of the commission.  The standards and     437          

procedures formulated by the commission shall include, but need    438          

not be limited to, designation of the person in charge of the      439          

center, the categories of employees to be employed at the center,  440          

the appointing authority of the center, and the standards of       441          

treatment and security to be maintained at the center.  The        442          

person in charge of, and all persons employed to work at, the      443          

center shall have all the powers of police officers as are         444          

necessary for the proper performance of the duties relating to     445          

their positions at the center.                                                  

      (B)  Each board of county commissioners that enters a        447          

contract under division (A) of this section may appoint a          448          

building commission pursuant to section 153.21 of the Revised      449          

Code.  If any commissions are appointed, they shall function       450          

jointly in the construction of a multicounty or                    451          

multicounty-municipal correctional center with all the powers and  452          

duties authorized by law.                                          453          

      (C)  Prior to the acceptance for custody and rehabilitation  455          

into a center established under this section of any persons who    456          

are designated by the department of rehabilitation and             457          

correction, who plead guilty to or are convicted of a felony of    458          

                                                          12     

                                                                 
the fourth or fifth degree, and who satisfy the other                           

requirements listed in section 5120.161 of the Revised Code, the   459          

corrections commission of a center established under this section  461          

shall enter into an agreement with the department of               462          

rehabilitation and correction under section 5120.161 of the        463          

Revised Code for the custody and rehabilitation in the center of   464          

persons who are designated by the department, who plead guilty to  465          

or are convicted of a felony of the fourth or fifth degree, and    466          

who satisfy the other requirements listed in that section, in                   

exchange for a per diem fee per person.  Persons incarcerated in   467          

the center pursuant to an agreement entered into under this        468          

division shall be subject to supervision and control in the        470          

manner described in section 5120.161 of the Revised Code.  This    471          

division does not affect the authority of a court to directly      472          

sentence a person who is convicted of or pleads guilty to a        473          

felony to the center in accordance with section 2929.16 of the                  

Revised Code.                                                      474          

      (D)(1)  Each board of county commissioners and the           476          

legislative authority of each municipal corporation that enters    477          

into a contract under division (A) of this section may require a   478          

person who was convicted of an offense an offense, who is under    480          

the charge of the sheriff of their county or of the officer or     481          

officers of the contracting municipal corporation or municipal     482          

corporations having charge of persons incarcerated in the          483          

municipal jail, workhouse, or other correctional facility, and     484          

who is confined in the multicounty or multicounty-municipal                     

correctional center as provided in that division, to reimburse     485          

the applicable county or municipal corporation for its expenses    486          

incurred by reason of the person's confinement in the center.      487          

The expenses of confinement include, but are not limited to, the   488          

expenses relating to the provision of food, clothing, shelter,     490          

medical care, personal hygiene products, including, but not                     

limited to, toothpaste, toothbrushes, and feminine hygiene items,  491          

and up to two hours of overtime costs the sheriff or municipal     492          

                                                          13     

                                                                 
corporation incurred relating to the trial of the person.  The     494          

amount of reimbursement may be the actual cost of the prisoner's   495          

PERSON'S confinement plus the authorized trial overtime costs or   496          

a lesser amount determined by the board of county commissioners    497          

of the county or the legislative authority of the municipal        498          

corporation, provided that the lesser amount shall be determined   499          

by a formula that is uniformly applied to persons incarcerated in  500          

the center.  The amount of reimbursement shall be determined by a  501          

court at a hearing held pursuant to section 2929.18 of the         502          

Revised Code if the prisoner person is confined for a felony or    503          

section 2929.223 of the Revised Code if the prisoner person is     504          

confined for a misdemeanor.  The a confined for a misdemeanor      505          

amount or amounts paid in reimbursement by a prisoner PERSON       507          

confined for a misdemeanor or the amount recovered from a          508          

prisoner PERSON confined for a misdemeanor by executing upon the   509          

judgment obtained pursuant to section 2929.223 of the Revised      510          

Code shall be paid into the treasury of the county or municipal    511          

corporation that incurred the expenses.  If a prisoner person is   512          

confined for a felony and the court imposes a sanction under       513          

section 2929.18 of the Revised Code that requires the prisoner     514          

person to reimburse the costs of confinement, the prosecuting      516          

attorney of the county or the director of law of the municipal                  

corporation shall bring an action to recover the expenses of the   518          

confinement, as determined by the court pursuant to section                     

2929.181 in accordance with section 2929.18 of the Revised Code.   519          

      (2)  Each board of county commissioners and the legislative  521          

authority of each municipal corporation that enters into a         522          

contract under division (A) of this section may adopt a            523          

resolution or ordinance specifying that a person who was           524          

convicted of a felony, who is under the charge of the sheriff of   525          

their county or of an officer of one of the contracting municipal  526          

corporations having charge of persons incarcerated in the          527          

municipal jail, workhouse, or other facility, and who is confined  528          

in the multicounty or multicounty-municipal correctional center    529          

                                                          14     

                                                                 
as provided in that division is not required to reimburse the                   

applicable county or municipal corporation for its expenses        531          

incurred by reason of the person's confinement in the center,      532          

including the expenses listed in division (D)(1) of this section.  533          

If the boards and legislative authorities adopt a resolution or    534          

ordnance ORDINANCE of that nature, the boards and legislative      535          

authorities shall provide a copy to the courts of common pleas of  536          

their counties, and the court that sentences a person convicted    537          

of a felony shall not impose a sanction under section 2929.18 of   538          

the Revised Code that requires the person to reimburse the costs                

of the confinement.                                                539          

      (E)  In lieu of requiring offenders to reimburse the county  541          

for expenses incurred by reason of the person's confinement under  542          

division (D) of this section, each board of county commissioners   543          

and the legislative authority of each municipal corporation that   544          

enters into a contract under division (A) of this section may      545          

jointly adopt a prisoner reimbursement policy for the center                    

pursuant to this section to be administered by the person          546          

appointed under division (A) of this section to be in charge of    547          

the center.  The person in charge may appoint a reimbursement      548          

coordinator to administer the center's prisoner reimbursement      549          

policy.  A prisoner reimbursement policy adopted under this        550          

division is a policy that requires a person confined to the                     

center to reimburse the applicable political subdivisions for any  551          

expenses incurred by reason of the person's confinement in the     552          

center, which expenses may include, but are not limited to, the    553          

following:                                                                      

      (1)  A per diem fee for room and board of not more than      555          

sixty dollars per day or the actual per diem cost, whichever is    556          

less, for the entire period of time the person is confined to the  557          

center;                                                                         

      (2)  Actual charges for medical and dental treatment;        559          

      (3)  Reimbursement for government property damaged by the    561          

person while confined to the center.                               562          

                                                          15     

                                                                 
      Rates charged shall be on a sliding scale determined by the  564          

corrections commission based on the ability of the person          565          

confined to the center to pay and on consideration of any legal    566          

obligation of the person to support a spouse, minor children, or   567          

other dependents and any moral obligation to support dependents    568          

to whom the person is providing or has in fact provided support.   569          

      The reimbursement coordinator or another person designated   571          

by the person in charge may investigate the financial status of    572          

the confined person and obtain information necessary to            573          

investigate that status, by means that may include contacting      574          

employers and reviewing income tax records.  The coordinator may                

work with the confined person to create a repayment plan to be     575          

implemented upon the person's release.  At the end of that         576          

person's incarceration, the person shall be presented with a       577          

billing statement.                                                              

      The reimbursement coordinator or another person designated   579          

by the person in charge of the center may collect, or the          580          

corrections commission may enter into a contract with one or more  581          

public agencies or private vendors to collect, any amounts         582          

remaining unpaid.  Within twelve months after the date of the                   

confined person's release, the prosecuting attorney, city          584          

director of law, or village solicitor of a participating                        

political subdivision may file a civil action to seek              585          

reimbursement from that person for any billing amount that         586          

remains unpaid.  The participating political subdivisions shall    587          

not enforce any judgment obtained under this section by means of   588          

execution against the person's homestead.  For purposes of this    589          

section, "homestead" has the same meaning as in division (A) of                 

section 323.151 of the Revised Code.  Any reimbursement received   590          

under this section shall be credited to the general fund of the    591          

political subdivision that bore the expense, to be used for        592          

general fund purposes.                                                          

      (F)(1)  Notwithstanding any contrary provision in this       594          

section or section 2929.18 or 2929.223 of the Revised Code, the    595          

                                                          16     

                                                                 
corrections commission of a center may establish a policy that     596          

requires any person who is not indigent and who is confined in     597          

the multicounty, municipal-county, or multicounty-municipal        598          

correctional center to pay a reasonable fee for any medical        599          

treatment or service requested by and provided to that person.                  

This fee shall not exceed the actual cost of the treatment or      600          

service provided.  No person confined to a multicounty,            601          

municipal-county, or multicounty-municipal correctional center     602          

who is indigent shall be required to pay those fees, and no        603          

person who is confined to a correctional center of that type                    

shall be denied any necessary medical care because of inability    604          

to pay those fees.                                                              

      Upon provision of the requested medical treatment or         606          

service, payment of the required fee may be automatically          607          

deducted from a person's account record in the center's business   608          

office.  If the person has no funds in the person's account, a     609          

deduction may be made at a later date during the person's                       

confinement in the center if funds later become available in the   610          

person's account.  If the person is released from the center and   611          

has an unpaid balance of these fees, the corrections commission    612          

may bill the person for payment of the remaining unpaid fees.      613          

Fees received for medical treatment or services shall be paid      614          

into the commissary fund, if one has been created for the center,  615          

or if no such fund exists, into the treasuries of the political                 

subdivisions that incurred the expenses of those treatments and    616          

services, in the same proportion as those expenses were borne by   617          

those political subdivisions.                                      618          

      (2)  If a person confined to a multicounty,                  620          

municipal-county, or multicounty-municipal correctional center is  621          

required under division (D) or (E) of this section or section      622          

2929.18 or 2929.223 of the Revised Code to reimburse a county or   623          

municipal corporation for expenses incurred by reason of the       624          

person's confinement to the center, any fees paid by the person    625          

under division (F)(1) of this section shall be deducted from the   626          

                                                          17     

                                                                 
expenses required to be reimbursed under division (D) or (E) of    627          

this section or section 2929.18 or 2929.223 of the Revised Code.                

      (G)(1)  The corrections commission of a center established   630          

under this section may establish a commissary for the center.      631          

The commissary may be established either in-house or by another    632          

arrangement.  If a commissary is established, all persons                       

incarcerated in the center shall receive commissary privileges.    634          

A person's purchases from the commissary shall be deducted from    635          

the person's account record in the center's business office.  The  636          

commissary shall provide for the distribution to indigent persons  637          

incarcerated in the center of necessary hygiene articles and       638          

writing materials.                                                              

      (2)  If a commissary is established, the corrections         640          

commission of a center established under this section shall        641          

establish a commissary fund for the center.  The management of     642          

funds in the commissary fund shall be strictly controlled in       643          

accordance with procedures adopted by the auditor of state.        644          

Commissary fund revenue over and above operating costs and         645          

reserve shall be considered profits.  All profits from the         646          

commissary fund shall be used to purchase supplies and equipment   647          

for the benefit of persons incarcerated in the center.  The        648          

corrections commission shall adopt rules and regulations for the   649          

operation of any commissary fund it establishes.                   650          

      (H)  In lieu of forming a corrections commission to          652          

administer a multicounty correctional center or a                  653          

municipal-county or multicounty-municipal correctional center,     654          

the boards of county commissioners and the legislative             655          

authorities of the municipal corporations contracting to                        

establish the center may also agree to contract for the private    656          

operation and management of the center as provided in section      657          

9.06 of the Revised Code, but only if the center houses only       658          

misdemeanant inmates.  In order to enter into a contract under     659          

section 9.06 of the Revised Code, all the boards and legislative   660          

authorities establishing the center shall approve and be parties   661          

                                                          18     

                                                                 
to the contract.                                                                

      (I)  IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN  663          

OFFENSE IS SENTENCED TO A TERM IN A MULTICOUNTY CORRECTIONAL       664          

CENTER OR A MUNICIPAL-COUNTY OR MULTICOUNTY-MUNICIPAL              665          

CORRECTIONAL CENTER OR IS INCARCERATED IN THE CENTER IN THE        666          

MANNER DESCRIBED IN DIVISION (C) OF THIS SECTION, OR IF A PERSON   667          

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  668          

A MULTICOUNTY CORRECTIONAL CENTER OR A MUNICIPAL-COUNTY OR         669          

MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER PENDING TRIAL, AT THE    671          

TIME OF RECEPTION AND AT OTHER TIMES THE OFFICER, OFFICERS, OR     672          

OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER DETERMINES   673          

TO BE APPROPRIATE, THE OFFICER, OFFICERS, OR OTHER PERSON IN                    

CHARGE OF THE OPERATION OF THE CENTER MAY CAUSE THE CONVICTED OR   674          

ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV   675          

INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE OFFICER, OFFICERS,  676          

OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER MAY       677          

CAUSE A CONVICTED OR ACCUSED OFFENDER IN THE CENTER WHO REFUSES    678          

TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR        679          

ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED                             

INVOLUNTARILY.                                                     680          

      (J)  As used in this section, "multicounty-municipal" means  681          

more than one county and a municipal corporation, or more than     682          

one municipal corporation and a county, or more than one           683          

municipal corporation and more than one county.                    684          

      Sec. 341.14.  (A)  The sheriff of an adjoining county shall  694          

not receive prisoners as provided by section 341.12 of the         695          

Revised Code unless there is deposited weekly with the sheriff an  697          

amount equal to the actual cost of keeping and feeding each                     

prisoner so committed for the use of the jail of that county, and  698          

the same amount for a period of time less than one week.  If a     699          

prisoner is discharged before the expiration of the term for       700          

which the prisoner was committed, the excess of the amount         701          

advanced shall be refunded.                                                     

                                                          19     

                                                                 
      (B)(1)  The board of county commissioners of the county      703          

that receives pursuant to section 341.12 of the Revised Code for   704          

confinement in its jail, a prisoner who was convicted of an        705          

offense, may require the prisoner to reimburse the county for its  707          

expenses incurred by reason of the prisoner's confinement,         708          

including, but not limited to, the expenses relating to the        709          

provision of food, clothing, shelter, medical care, person         710          

hygiene products, including, but not limited to, toothpaste,       711          

toothbrushes, and feminine hygiene items, and up to two hours of                

overtime costs the sheriff or municipal corporation incurred       712          

relating to the trial of the person.  The amount of reimbursement  714          

may be the actual cost of the prisoner's confinement plus the      715          

authorized trial overtime costs or a lesser amount determined by                

the board of county commissioners of the county, provided that     717          

the lesser amount shall be determined by a formula that is         718          

uniformly applied to persons incarcerated in the jail.  The                     

amount of reimbursement shall be determined by a court at a        719          

hearing held pursuant to section 2929.18 of the Revised Code if    720          

the prisoner is confined for a felony or section 2929.223 of the   721          

Revised Code if the prisoner is confined for a misdemeanor.  The   722          

a confined for a misdemeanor amount or amounts paid in             723          

reimbursement by a prisoner confined for a misdemeanor or the      724          

amount recovered from a prisoner confined for a misdemeanor by     725          

executing upon the judgment obtained pursuant to section 2929.223  727          

of the Revised Code shall be paid into the county treasury.  If a  728          

prisoner is confined for a felony and the court imposes a          729          

sanction under section 2929.18 of the Revised Code that requires                

the prisoner to reimburse the costs of confinement, the            730          

prosecuting attorney shall bring an action to recover the          731          

expenses of confinement, the IN ACCORDANCE WITH SECTION 2929.18    732          

of the Revised Code.                                                            

      (2)  The board of county commissioners of the county that    734          

receives, pursuant to section 341.12 of the Revised Code for       735          

confinement in its jail a prisoner who was convicted of a felony   736          

                                                          20     

                                                                 
may adopt a resolution specifying that prisoners convicted of      737          

felonies are not required to reimburse the county for its          738          

expenses incurred by reason of the prisoner's confinement,                      

including the expenses listed in division (B)(1) of this section.  739          

If the board adopts a resolution of that nature, the board shall   740          

provide a copy to the court of common pleas of the county, and     741          

the court that sentences a person convicted of a felony shall not  742          

impose a sanction under section 2929.18 of the Revised Code that   743          

requires the person to reimburse the costs of the confinement.     744          

      (C)  Divisions (A) and (B) of section 341.06 of the Revised  747          

Code apply regarding a prisoner confined in a jail as described                 

in division (B) of this section.                                   748          

      (D)  IF A COUNTY RECEIVES PURSUANT TO SECTION 341.12 OF THE  750          

REVISED CODE FOR CONFINEMENT IN ITS JAIL A PERSON WHO HAS BEEN     752          

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    753          

FOR AN OFFENSE, WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND   754          

HAS NOT BEEN RELEASED ON BAIL, AND WHO IS CONFINED IN JAIL         755          

PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE     756          

SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE JAIL     757          

DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN       758          

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR     759          

ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV   760          

INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE SHERIFF OR OTHER    761          

PERSON IN CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A                       

CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE        762          

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER      763          

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         764          

      Sec. 341.19.  (A)(1)  The board of county commissioners may  774          

require a person who was convicted of an offense and who is        775          

confined in the county jail to reimburse the county for its        776          

expenses incurred by reason of the person's confinement,           777          

including, but not limited to, the expenses relating to the        778          

provision of food, clothing, shelter, medical care, personal                    

                                                          21     

                                                                 
hygiene products, including, but not limited to, toothpaste,       779          

toothbrushes, and feminine hygiene items, and up to two hours of   780          

overtime costs the sheriff or municipal corporation incurred       781          

relating to the trial of the person.  The amount of reimbursement  782          

may be the actual cost of the prisoner's confinement plus the      783          

authorized trial overtime costs or a lesser amount determined by   785          

the board of county commissioners of the county, provided that     786          

the lesser amount shall be determined by a formula that is                      

uniformly applied to persons incarcerated in the jail.  The        787          

amount of reimbursement shall be determined by a court at a        788          

hearing held pursuant to section 2929.18 of the Revised Code if    789          

the prisoner PERSON is confined for a felony or section 2929.223   790          

of the Revised Code if the prisoner PERSON is confined for a       791          

misdemeanor.  The a confined for a misdemeanor amount or amounts   792          

paid in reimbursement by a prisoner PERSON confined for a          794          

misdemeanor or the amount recovered from a prisoner PERSON         795          

confined for a misdemeanor by executing upon the judgment          796          

obtained pursuant to section 2929.223 of the Revised Code shall    797          

be paid into the county treasury.  If a prisoner PERSON is         798          

confined for a felony and the court imposes a sanction under       799          

section 2929.18 of the Revised Code that requires the prisoner     800          

PERSON to reimburse the costs of confinement, the prosecuting      801          

attorney shall bring an action to recover the expenses of          802          

confinement in accordance with section 2929.18 of the Revised                   

Code.                                                              803          

      (2)(B)  The board of county commissioners may adopt a        806          

resolution specifying that a person who is convicted of a felony                

and who is confined in the county jail is not required to          807          

reimburse the county for its expenses incurred by reason of the    808          

person's confinement, including the expenses listed in division    809          

(A)(1) of this section.  If the board adopts a resolution of that  810          

nature, the board shall provide a copy to the court of common      811          

pleas of the county, and the court that sentences a person         812          

convicted of a felony shall not impose a sanction under section    813          

                                                          22     

                                                                 
2929.18 of the Revised Code that requires the person to reimburse               

the costs of the confinement.                                      814          

      (B)  Divisions (A) and (B) of section 341.06 of the Revised  817          

Code apply regarding a prisoner confined in a jail as described                 

in division (A) of this section.                                   818          

      (C)  IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN  820          

OFFENSE IS SENTENCED TO A TERM IN A JAIL, OR IF A PERSON WHO HAS   821          

BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS  822          

HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL IS CONFINED IN      823          

JAIL PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES    824          

THE SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE      826          

JAIL DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN  827          

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR     828          

ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV   829          

INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE SHERIFF OR OTHER    830          

PERSON IN CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A                       

CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE        831          

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER      832          

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         833          

      Sec. 341.21.  (A)  The board of county commissioners may     842          

direct the sheriff to receive into custody prisoners charged with  844          

or convicted of crime by the United States, and to keep such                    

prisoners until discharged.                                        845          

      The board of the county in which prisoners charged with or   847          

convicted of crime by the United States may be so committed may    848          

negotiate and conclude any contracts with the United States for    849          

the use of the jail as provided by this section and as the board   850          

sees fit.                                                                       

      A prisoner so committed shall be supported at the expense    852          

of the United States during the prisoner's confinement in the      854          

county jail. No greater compensation shall be charged by a         855          

sheriff for the subsistence of that type of prisoner than is       856          

provided by section 311.20 of the Revised Code to be charged for   857          

the subsistence of state prisoners.                                858          

                                                          23     

                                                                 
      A sheriff or jailer who neglects or refuses to perform the   860          

services and duties directed by the board by reason of this        861          

division, shall be liable to the same penalties, forfeitures, and  862          

actions as if the prisoner had been committed under the authority  864          

of this state.                                                                  

      (B)  Prior to the acceptance for housing into the county     866          

jail of persons who are designated by the department of            867          

rehabilitation and correction, who plead guilty to or are          868          

convicted of a felony of the fourth or fifth degree, and who       869          

satisfy the other requirements listed in section 5120.161 of the   870          

Revised Code, the board of county commissioners shall enter into                

an agreement with the department of rehabilitation and correction  871          

under section 5120.161 of the Revised Code for the housing in the  872          

county jail of persons designated by the department who plead      873          

guilty to or are convicted of a felony of the fourth or fifth      874          

degree and who satisfy the other requirements listed in that       875          

section in exchange for a per diem fee per person.  Persons        876          

incarcerated in the county jail pursuant to an agreement entered   877          

into under this division shall be subject to supervision and       879          

control in the manner described in section 5120.161 of the         880          

Revised Code.  This division does not affect the authority of a    881          

court to directly sentence a person who is convicted of or pleads  882          

guilty to a felony to the county jail in accordance with section                

2929.16 of the Revised Code.                                       883          

      (C)(1)  Notwithstanding any contrary provision in the        885          

Revised Code, the board of county commissioners may establish a    886          

policy that requires any person who is not indigent and who is     887          

confined in the jail under division (B) of this section to pay a   888          

reasonable fee for any medical treatment or service requested by   889          

and provided to that person.  This fee shall not exceed the                     

actual cost of the treatment or service requested by and provided  890          

to that person.  This fee shall not exceed the actual cost of the  891          

treatment or service provided.  No person confined to the jail     892          

who is indigent shall be required to pay those fees, and no        893          

                                                          24     

                                                                 
person confined to the jail shall be denied any necessary medical               

care because of inability to pay those fees.                       894          

      Upon provision of the requested medical treatment or         896          

service, payment of the required fee may be automatically          897          

deducted from a person's account record in the jail's business     898          

office.  If the person has no funds in the person's account, a     899          

deduction may be made at a later date during the person's                       

confinement in the jail if funds later become available in the     900          

person's account.  If the person is released from the jail and     901          

has an unpaid balance of these fees, the board of county           902          

commissioners may bill the person for payment of the remaining     903          

unpaid fees.  Fees received for medical treatment or services                   

shall be paid into the commissary fund, if one has been            904          

established for the jail or if no such fund exists, into the       905          

county treasury.                                                                

      (2)  If a person confined to the jail is required under      907          

section 341.06, 2929.18, or 2929.223 of the Revised Code to        908          

reimburse the county for expenses incurred by reason of the        909          

person's confinement to the jail, any fees paid by the person      910          

under division (C)(1) of this section shall be deducted from the                

expenses required to be reimbursed under section 341.06, 2929.18,  912          

or 2929.223 of the Revised Code.                                                

      (D)  IF A SHERIFF RECEIVES INTO CUSTODY A PRISONER           914          

CONVICTED OF CRIME BY THE UNITED STATES AS DESCRIBED IN DIVISION   915          

(A) OF THIS SECTION, IF A PERSON WHO HAS BEEN CONVICTED OF OR      916          

PLEADED GUILTY TO AN OFFENSE IS INCARCERATED IN THE JAIL IN THE    917          

MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, IF A SHERIFF     918          

RECEIVES INTO CUSTODY A PRISONER CHARGED WITH A CRIME BY THE       919          

UNITED STATES AND THE PRISONER HAS HAD BAIL DENIED OR HAS HAD      920          

BAIL SET, HAS NOT BEEN RELEASED ON BAIL, AND IS CONFINED IN JAIL   921          

PENDING TRIAL, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN         922          

OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS  923          

NOT BEEN RELEASED ON BAIL IS CONFINED IN JAIL PENDING TRIAL, AT    924          

THE TIME OF RECEPTION AND AT OTHER TIMES THE SHERIFF OR OTHER      925          

                                                          25     

                                                                 
PERSON IN CHARGE OF THE OPERATION OF THE JAIL DETERMINES TO BE     926          

APPROPRIATE, THE SHERIFF OR OTHER PERSON IN CHARGE OF THE                       

OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER  927          

TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND     928          

OTHER CONTAGIOUS DISEASES.  THE SHERIFF OR OTHER PERSON IN CHARGE  929          

OF THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OR ACCUSED      930          

OFFENDER IN THE JAIL WHO REFUSES TO BE TESTED OR TREATED FOR       931          

TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE   932          

TESTED AND TREATED INVOLUNTARILY.                                               

      Sec. 341.23.  (A)  The board of county commissioners of any  942          

county or the legislative authority of any municipal corporation   943          

in which there is no workhouse, may agree with the legislative     944          

authority of any municipal corporation or other authority having   945          

control of the workhouse of any other city, or with the directors  946          

of any district of a joint city and county workhouse or county     947          

workhouse, upon terms on which persons convicted of a misdemeanor  948          

by any court or magistrate of a county or municipal corporation    949          

having no workhouse, may be received into such workhouse, under    950          

sentence of the court or magistrate.  Such board or legislative    951          

authority may pay the expenses incurred under the agreement out    952          

of the general fund of such county or municipal corporation, upon  953          

the certificate of the proper officer of the workhouse.            954          

      (B)  The sheriff or other officer transporting any person    956          

to such workhouse shall receive six cents per mile for the         957          

sheriff or officer, going and returning, five cents per mile for   958          

transporting the convict, and five cents per mile, going and       959          

coming, for the service of each deputy, to be allowed as in cases  960          

in which a person is transported to a state correctional           961          

institution.  The number of miles shall be computed by the usual   962          

routes of travel and, in state cases, shall be paid out of the     963          

general fund of the county, on the allowance of the board, and     964          

for the violation of the ordinances of any municipal corporation,  965          

shall be paid by such municipal corporation on the order of its    966          

legislative authority.                                             967          

                                                          26     

                                                                 
      (C)(1)  The board of county commissioners, the directors of  969          

the district of a joint city and county workhouse or county        970          

workhouse, or the legislative authority of the municipal           971          

corporation may require a person who was convicted of an offense   972          

and who is confined in a workhouse as provided in division (A) of  974          

this section, to reimburse the county, district, or municipal      975          

corporation, as the case may be, for its expenses incurred by      976          

reason of the person's confinement, including, but not limited     977          

to, the expenses relating to the provision of food, clothing,      978          

shelter, medical care, personal hygiene products, including, but   979          

not limited to, toothpaste, toothbrushes, and feminine hygiene     980          

items, and up to two hours of overtime costs the sheriff or        981          

municipal corporation incurred relating to the trial of the        982          

person.  The amount of reimbursement may be the actual cost of     983          

the prisoner's PERSON'S confinement plus the authorized trial      985          

overtime costs or a lesser amount determined by the board of       986          

county commissioners of the county, the directors of the district  987          

of the joint city or county workhouse, or the legislative          988          

authority of the municipal corporation, provided that the lesser                

amount shall be determined by a formula that is uniformly applied  989          

to persons incarcerated in the workhouse.  The amount of           990          

reimbursement shall be determined by a court at a hearing held     991          

pursuant to section 2929.18 of the Revised Code if the person is   992          

confined for a felony or section 2929.223 of the Revised Code if   993          

the person is confined for a misdemeanor.  The a confined for a    994          

misdemeanor or the municipal chief legal officer amount or                      

amounts paid in reimbursement by a person confined for a           995          

misdemeanor or the amount recovered from a person confined for a   996          

misdemeanor by executing upon the judgment obtained pursuant to    997          

section 2929.223 of the Revised Code shall be paid into the        998          

treasury of the county, district, or municipal corporation that    999          

incurred the expenses.  If a person is confined for a felony and   1,000        

the court imposes a sanction under section 2929.18 of the Revised  1,001        

Code that requires the person to reimburse the costs of                         

                                                          27     

                                                                 
confinement, the prosecuting attorney or the municipal chief       1,002        

legal officer shall bring an action to recover the expenses of     1,003        

confinement, the IN ACCORDANCE WITH SECTION 2929.18 of the         1,005        

Revised Code.                                                                   

      (2)  The board of county commissioners, the directors of     1,007        

the district of a joint city and county workhouse or county        1,008        

workhouse, or the legislative authority of the municipal           1,009        

corporation may adopt a resolution or ordinance specifying that a  1,010        

person who is convicted of a felony and who is confined in a       1,011        

workhouse as provided in division (A) of this section is not       1,012        

required to reimburse the county, district, or municipal           1,013        

corporation, as the case may be, for its expenses incurred by      1,014        

reason of the person's confinement, including the expenses listed  1,015        

in division (C)(1) of this section.  If the board, directors, or   1,016        

legislative authority adopts a resolution or ordinance of that     1,017        

nature, the board, directors, or legislative authority shall       1,018        

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  1,019        

impose a sanction under section 2929.18 of the Revised Code that   1,020        

requires the person to reimburse the costs of the confinement.     1,021        

      (D)  In lieu of requiring offenders to reimburse the         1,023        

political subdivision for expenses incurred by reason of the       1,024        

person's confinement under division (C) of this section, the       1,025        

board of county commissioners, the directors of the district of    1,026        

joint city and county workhouse or county workhouse, or the                     

legislative authority of the municipal corporation having control  1,027        

of the workhouse may adopt a prisoner reimbursement policy for     1,028        

the workhouse under this division.  A reimbursement coordinator    1,029        

may be appointed to administer the prisoner reimbursement policy.  1,030        

A prisoner reimbursement policy adopted under this division is a   1,031        

policy that requires a person confined to the workhouse to                      

reimburse the political subdivision responsible for paying         1,032        

prisoner expenses for any expenses it incurs by reason of the      1,033        

person's confinement in the workhouse, which expenses may          1,034        

                                                          28     

                                                                 
include, but are not limited to, the following:                                 

      (1)  A per diem fee for room and board of not more than      1,036        

sixty dollars per day or the actual per diem cost, whichever is    1,037        

less, for the entire period of time the person is confined to the  1,038        

workhouse;                                                                      

      (2)  Actual charges for medical and dental treatment;        1,040        

      (3)  Reimbursement for government property damaged by the    1,042        

person while confined to the workhouse.                            1,043        

      Rates charged shall be on a sliding scale determined by the  1,045        

board of county commissioners, the directors of the district of    1,046        

joint city and county workhouse or county workhouse, or the        1,047        

legislative authority of the municipal corporation having control  1,048        

of the workhouse, based on the ability of the person confined to   1,049        

the workhouse to pay and on consideration of any legal obligation  1,050        

of the person to support a spouse, minor children, or other                     

dependents and any moral obligation to support dependents to whom  1,051        

the person is providing or has in fact provided support.           1,052        

      The reimbursement coordinator or another person designated   1,054        

by the administrator of the workhouse may investigate the          1,055        

financial status of the person and obtain information necessary    1,056        

to investigate that status, by means that may include contacting   1,057        

employers and reviewing income tax records.  The coordinator may   1,058        

work with the confined person to create a repayment plan to be                  

implemented upon the person's release.  At the end of the          1,059        

person's incarceration, the person shall be presented with a       1,060        

billing statement.                                                              

      The reimbursement coordinator or another appointed person    1,062        

may collect, or the board of county commissioners, the directors   1,063        

of the district of joint city and county workhouse or county       1,064        

workhouse, or the legislative authority of the municipal           1,065        

corporation having control of the workhouse may enter into a                    

contract with one or more public agencies or private vendors to    1,066        

collect, any amounts remaining unpaid.  Within twelve months       1,067        

after the date of the confined person's release, the prosecuting   1,068        

                                                          29     

                                                                 
attorney, city director of law, village solicitor, or attorney     1,069        

for the district may file a civil action to seek reimbursement     1,070        

from that person for any billing amount that remains unpaid.  The  1,071        

political subdivision shall not enforce any judgment obtained                   

under this section by means of execution against the person's      1,072        

homestead.  For purposes of this section, "homestead" has the      1,073        

same meaning as in division (A) of section 323.151 of the Revised  1,074        

Code.  Any reimbursement received under this section shall be      1,075        

credited to the general fund of the political subdivision that                  

bore the expense, to be used for general fund purposes.            1,076        

      (E)(1)  Notwithstanding any contrary provision in this       1,078        

section or section 2929.18 or 2929.223 of the Revised Code, the    1,079        

appropriate board of county commissioners and legislative          1,080        

authorities may include in their agreement entered into under      1,081        

division (A) of this section a policy that requires any person     1,082        

who is not indigent and who is confined in the county, city,                    

district, or joint city and county workhouse under this section    1,083        

to pay a reasonable fee for any medical treatment or service       1,084        

requested by and provided to that person.  This fee shall not      1,085        

exceed the actual cost of the treatment or service provided.  No   1,086        

person confined to a county, city, district, or joint city and                  

county workhouse under this section who is indigent shall be       1,087        

required to pay those fees, and no person confined to any          1,088        

workhouse of that type shall be denied any necessary medical care  1,089        

because of inability to pay those fees.                                         

      Upon provision of the requested medical treatment or         1,091        

service, payment of the required fee may be automatically          1,092        

deducted from a person's account record in the workhouse's         1,093        

business office.  If the person has no funds in the person's                    

account, a deduction may be made at a later date during the        1,094        

person's confinement in the workhouse if funds later become        1,095        

available in the person's account.  If the person is released      1,096        

from the workhouse and has an unpaid balance of these fees, the    1,097        

appropriate board of county commissioners and legislative          1,098        

                                                          30     

                                                                 
authorities may bill the person for payment of the remaining                    

unpaid fees in the same proportion as those expenses were borne    1,099        

by the political subdivision issuing the billing statement.  Fees  1,100        

received for medical treatment or services shall be paid into the  1,101        

commissary fund, if one has been created for the workhouse, or if  1,102        

no such fund exists, into the treasuries of the political          1,103        

subdivisions that incurred the expenses of those treatments or     1,104        

services in the same proportion as those expenses were borne by                 

these political subdivisions.                                      1,105        

      (2)  If a person confined to a county, city, district, or    1,107        

joint city and county workhouse is required under division (C) or  1,108        

(D) of this section or section 2929.18 or 2929.223 of the Revised  1,109        

Code to reimburse a county or municipal corporation for expenses   1,110        

incurred by reason of the person's confinement to the workhouse,   1,111        

any fees paid by the person under division (E)(1) of this section  1,112        

shall be deducted from the expenses required to be reimbursed      1,113        

under division (C) or (D) of this section or section 2929.18 or                 

2929.223 of the Revised Code.                                      1,114        

      (F)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,116        

GUILTY TO AN OFFENSE IS INCARCERATED IN THE WORKHOUSE AS PROVIDED  1,117        

IN DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT   1,119        

OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE           1,120        

WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF    1,122        

THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER    1,123        

TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND     1,125        

OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE OPERATION  1,126        

OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE WORKHOUSE   1,127        

WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV          1,129        

INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED  1,130        

INVOLUNTARILY.                                                                  

      Sec. 341.34.  (A)  As used in this section, "building or     1,142        

structure" includes, but is not limited to, a modular unit,        1,143        

building, or structure and a movable unit, building, or            1,144        

structure.                                                         1,145        

                                                          31     

                                                                 
      (B)(1)  The board of county commissioners of any county, by  1,147        

resolution, may dedicate and permit the use, as a minimum          1,148        

security jail, of any vacant or abandoned public building or       1,150        

structure owned by the county that has not been dedicated to or    1,151        

is not then in use for any county or other public purpose, or any  1,152        

building or structure rented or leased by the county.  The board   1,153        

of county commissioners of any county, by resolution, also may     1,154        

dedicate and permit the use, as a minimum security jail, of any    1,155        

building or structure purchased by or constructed by or for the    1,156        

county.  Subject to divisions (B)(3) and (C) of this section,      1,157        

upon the effective date of such a resolution, the specified        1,158        

building or structure shall be used, in accordance with this       1,159        

section, for the confinement of persons who meet one of the        1,160        

following conditions:                                                           

      (a)  The person is sentenced to a term of imprisonment for   1,162        

a traffic violation or a misdemeanor that is not an offense of     1,163        

violence and the person is under the jurisdiction of the county,   1,165        

or the person is sentenced to a term RESIDENTIAL SANCTION in the   1,166        

jail for a felony of the fourth or fifth degree that is not an     1,167        

offense of violence; PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF    1,169        

THE REVISED CODE, AND THE JAIL ADMINISTRATOR OR THE JAIL           1,171        

ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED THE PERSON AS A MINIMAL    1,172        

SECURITY RISK.  IN DETERMINING THE PERSON'S CLASSIFICATION UNDER   1,173        

THIS DIVISION, THE ADMINISTRATOR OR DESIGNEE SHALL CONSIDER ALL    1,174        

RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, THE PERSON'S                   

ESCAPE RISK AND PROPENSITY FOR ASSAULTIVE OR VIOLENT BEHAVIOR,     1,175        

BASED UPON THE PERSON'S PRIOR AND CURRENT BEHAVIOR.                1,176        

      (b)  The person is an inmate transferred by order of a       1,178        

judge of the sentencing court upon the request of the sheriff,     1,179        

administrator, jailer, or other person responsible for operating   1,180        

the jail other than a contractor as defined in division (H) of     1,181        

section 9.06 of the Revised Code, who is named in the request as   1,182        

being suitable for confinement in a minimum security facility and  1,183        

for the confinement of persons convicted of a felony who are       1,184        

                                                          32     

                                                                 
sentenced to a residential sanction in the minimum security        1,186        

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,187        

Revised Code..                                                                  

      (2)  The board of county commissioners of any county, by     1,189        

resolution, may affiliate with one or more adjacent counties, or   1,190        

with one or more municipal corporations located within the county  1,191        

or within an adjacent county, and dedicate and permit the use, as  1,192        

a minimum security jail, of any vacant or abandoned public         1,194        

building or structure owned by any of the affiliating counties or  1,195        

municipal corporations that has not been dedicated to or is not    1,196        

then in use for any public purpose, or any building or structure   1,197        

rented or leased by any of the affiliating counties or municipal   1,198        

corporations.  The board of county commissioners of any county,    1,199        

by resolution, also may affiliate with one or more adjacent        1,200        

counties or with one or more municipal corporations located        1,201        

within the county or within an adjacent county and dedicate and    1,202        

permit the use, as a minimum security jail, of any building or     1,203        

structure purchased by or constructed by or for any of the         1,204        

affiliating counties or municipal corporations.  Any counties and  1,205        

municipal corporations that affiliate for purposes of this         1,206        

division shall enter into an agreement that establishes the        1,207        

responsibilities for the operation and for the cost of operation   1,208        

of the minimum security jail.  Subject to divisions (B)(3) and     1,209        

(C) of this section, upon the effective date of a resolution       1,210        

adopted under this division, the specified building or structure   1,211        

shall be used, in accordance with this section, for the            1,212        

confinement of persons who meet one of the following conditions:   1,213        

      (a)  The person is sentenced to a term of imprisonment for   1,216        

a traffic violation, a misdemeanor that is not an offense of       1,217        

violence, or, if a VIOLATION OF AN ORDINANCE OF ANY municipal      1,218        

corporation is involved, an ordinance of the municipal             1,220        

corporation that is not an offense of violence and the person is   1,221        

under the jurisdiction of any of the affiliating counties or       1,223        

municipal corporations, or the person is sentenced to a term       1,225        

                                                          33     

                                                                 
RESIDENTIAL SANCTION in the jail for a felony of the fourth or     1,226        

fifth degree that is not an offense of violence; PURSUANT TO       1,228        

SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL      1,230        

ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED               

THE PERSON AS A MINIMAL SECURITY RISK.  IN DETERMINING THE         1,231        

PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR  1,232        

DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT   1,233        

LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR            1,234        

ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND  1,235        

CURRENT BEHAVIOR.                                                               

      (b)  The person is an inmate transferred by order of a       1,237        

judge of the sentencing court upon the request of the sheriff,     1,238        

administrator, jailer, or other person responsible for operating   1,239        

the jail other than a contractor as defined in division (H) of     1,240        

section 9.06 of the Revised Code, who is named in the request as   1,241        

being suitable for confinement in a minimum security facility and  1,242        

for the confinement of persons convicted of a felony who are       1,243        

sentenced to a residential sanction in the minimum security        1,245        

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,246        

Revised Code..                                                                  

      (3)  No person shall be confined in a building or structure  1,248        

dedicated as a minimum security jail under division (B)(1) or (2)  1,250        

of this section unless the judge who sentenced the person to the   1,251        

term of imprisonment for the traffic violation or the misdemeanor  1,252        

SPECIFIES THAT THE TERM OF IMPRISONMENT IS TO BE SERVED IN THAT                 

JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE       1,253        

CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who     1,254        

sentenced the person to the residential sanction for the felony    1,257        

specifies that the term of imprisonment or the residential         1,258        

sanction is to be served in that A jail, AND DIVISION (B)(1) OR    1,259        

(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT  1,260        

JAIL.  If a rented or leased building or structure is so           1,262        

dedicated, the building or structure may be used as a minimum      1,263        

security jail only during the period that it is rented or leased   1,264        

                                                          34     

                                                                 
by the county or by an affiliated county or municipal              1,265        

corporation.  If a person convicted of a misdemeanor is confined   1,267        

to a building or structure dedicated as a minimum security jail    1,268        

under division (B)(1) or (2) of this section and the sheriff,      1,269        

administrator, jailer, or other person responsible for operating   1,270        

the jail other than a contractor as defined in division (H) of     1,271        

section 9.06 of the Revised Code determines that it would be more  1,272        

appropriate for the person so confined to be confined in another                

jail or workhouse facility, the sheriff, administrator, jailer,    1,273        

or other person may transfer the person so confined to a more      1,274        

appropriate jail or workhouse facility.                            1,275        

      (C)  All of the following apply to a building or structure   1,277        

that is dedicated pursuant to division (B)(1) or (2) of this       1,278        

section for use as a minimum security jail:                        1,279        

      (1)  To the extent that the use of the building or           1,281        

structure as a minimum security jail requires a variance from any  1,283        

county, municipal corporation, or township zoning regulations or   1,284        

ordinances, the variance shall be granted.                                      

      (2)  Except as provided in this section, the building or     1,286        

structure shall not be used to confine any person unless it is in  1,287        

substantial compliance with any applicable housing, fire           1,288        

prevention, sanitation, health, and safety codes, regulations, or  1,289        

standards.                                                         1,290        

      (3)  Unless such satisfaction or compliance is required      1,292        

under the standards described in division (C)(4) of this section,  1,293        

and notwithstanding any other provision of state or local law to   1,294        

the contrary, the building or structure need not satisfy or        1,295        

comply with any state or local building standard or code in order  1,296        

to be used to confine a person for the purposes specified in       1,297        

division (B) of this section.                                      1,298        

      (4)  The building or structure shall not be used to confine  1,300        

any person unless it is in compliance with all minimum standards   1,301        

and minimum renovation, modification, and construction criteria    1,302        

for minimum security jails that have been proposed by the          1,304        

                                                          35     

                                                                 
department of rehabilitation and correction, through its bureau    1,305        

of adult detention, under section 5120.10 of the Revised Code.     1,306        

      (5)  The building or structure need not be renovated or      1,308        

modified into a secure detention facility in order to be used      1,309        

solely to confine a person for the purposes specified in           1,310        

divisions (B)(1)(a) and (B)(2)(a) of this section.                 1,311        

      (6)  The building or structure shall be used, equipped,      1,313        

furnished, and staffed in the manner necessary to provide          1,314        

adequate and suitable living, sleeping, food service or            1,315        

preparation, drinking, bathing and toilet, sanitation, and other   1,316        

necessary facilities, furnishings, and equipment.                  1,317        

      (D)  Except as provided in this section, a minimum security  1,319        

jail dedicated and used under this section shall be considered to  1,321        

be part of the jail, workhouse, or other correctional facilities   1,322        

of the county or the affiliated counties and municipal             1,323        

corporations for all purposes under the law.  All persons          1,324        

confined in such a minimum security jail shall be and shall        1,325        

remain, in all respects, under the control of the county           1,326        

authority that has responsibility for the management and           1,327        

operation of the jail, workhouse, or other correctional                         

facilities of the county or, if it is operated by any affiliation  1,328        

of counties or municipal corporations, under the control of the    1,329        

specified county or municipal corporation with that authority,     1,330        

provided that, if the person was convicted of a felony and is      1,331        

serving a residential sanction in the facility, all provisions of  1,332        

law that pertain to persons convicted of a felony that would not   1,333        

by their nature clearly be inapplicable apply regarding the        1,334        

person.  A minimum security jail dedicated and used under this     1,335        

section shall be managed and maintained in accordance with         1,336        

policies and procedures adopted by the board of county             1,337        

commissioners or the affiliated counties and municipal             1,338        

corporations governing the safe and healthful operation of the     1,339        

jail, the confinement and supervision of the persons sentenced to  1,340        

it, and their participation in work release or similar             1,341        

                                                          36     

                                                                 
rehabilitation programs.  In addition to other rules of conduct    1,342        

and discipline, the rights of ingress and egress of persons        1,343        

confined in a minimum security jail dedicated and used under this  1,345        

section shall be subject to reasonable restrictions.  Every        1,346        

person confined in a minimum security jail dedicated and used      1,347        

under this section shall be given verbal and written               1,348        

notification, at the time of the person's admission to the jail,   1,349        

that purposely leaving, or purposely failing to return to, the     1,350        

jail without proper authority or permission constitutes the        1,351        

felony offense of escape.                                                       

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,353        

GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A   1,354        

RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN    1,355        

DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON    1,357        

IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A  1,358        

JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b)   1,359        

OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER   1,360        

TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL            1,362        

DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN       1,363        

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED        1,364        

OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV           1,365        

INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE    1,366        

OF THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OFFENDER IN     1,367        

THE JAIL WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS,     1,368        

HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND      1,369        

TREATED INVOLUNTARILY.                                                          

      Sec. 753.02.  (A)  The legislative authority of a municipal  1,381        

corporation shall provide by ordinance for sustaining all persons  1,382        

sentenced to or confined in a prison or station house at the       1,383        

expense of the municipal corporation, and in counties where        1,384        

prisons or station houses are in quarters leased from the board    1,385        

of county commissioners, may contract with the board for the care  1,386        

and maintenance of such persons by the sheriff or other person     1,387        

charged with the care and maintenance of county prisoners.  On     1,388        

                                                          37     

                                                                 
the presentation of bills for food, sustenance, and necessary      1,389        

supplies, to the proper officer, certified by such person as the   1,390        

legislative authority designates, the officer shall audit the      1,391        

bills under the rules prescribed by the legislative authority,     1,392        

and draw the officer's order on the treasurer of the municipal     1,393        

corporation in favor of the person presenting the bill.            1,394        

      (B)(1)  The legislative authority of the municipal           1,396        

corporation may require a person who was convicted of an offense   1,397        

and who is confined in a prison or station house as provided in    1,398        

division (A) of this section, or a person who was convicted of an  1,399        

offense and who is confined in the county jail as provided in      1,400        

section 1905.35 of the Revised Code, to reimburse the municipal    1,401        

corporation for its expenses incurred by reason of the person's    1,402        

confinement, including, but not limited to, the expenses relating  1,403        

to the provision of food, clothing, shelter, medical care,         1,405        

personal hygiene products, including, but not limited to,          1,406        

toothpaste, toothbrushes, and feminine hygiene items, and up to    1,407        

two hours of overtime costs the sheriff or municipal corporation                

incurred relating to the trial of the person.  The amount of       1,408        

reimbursement may be the actual cost of the prisoner's             1,409        

confinement plus the authorized trial overtime costs or a lesser   1,410        

amount determined by the legislative authority of the municipal    1,411        

corporation, provided that the lesser amount shall be determined   1,412        

by a formula that is uniformly applied to persons incarcerated in  1,413        

the prison, station house, or county jail.  The amount of          1,414        

reimbursement shall be determined by a court at a hearing held     1,415        

pursuant to section 2929.18 of the Revised Code if the prisoner    1,416        

person is confined for a felony or section 2929.223 of the         1,417        

Revised Code if the prisoner person is confined for a              1,418        

misdemeanor.  The a confined for a misdemeanor amount or amounts   1,419        

paid in reimbursement by a prisoner PERSON confined for a          1,420        

misdemeanor or the amount recovered from a prisoner PERSON         1,421        

confined for a misdemeanor by executing upon the judgment                       

obtained pursuant to section 2929.223 of the Revised Code shall    1,422        

                                                          38     

                                                                 
be paid into the treasury of the municipal corporation.  If a      1,423        

prisoner person is confined for a felony and the court imposes a   1,424        

sanction under section 2929.18 of the Revised Code that requires   1,425        

the prisoner person to reimburse the costs of confinement, the     1,426        

village solicitor, city director of law, or other chief legal      1,427        

officer shall bring an action to recover the expenses of                        

confinement the IN ACCORDANCE WITH SECTION 2929.18 of the Revised  1,429        

Code.                                                                           

      (2)  The legislative authority of the municipal corporation  1,431        

may adopt an ordinance specifying that a person who is convicted   1,432        

of a felony and who is confined in a prison or station house as    1,433        

provided in division (A) of this section is not required to        1,434        

reimburse the municipal corporation for its expenses incurred by   1,435        

reason of the person's confinement, including the expenses listed  1,436        

in division (B)(1) of this section.  If the legislative authority  1,438        

adopts an ordinance of that nature, the legislative authority                   

shall provide a copy to the court of common pleas of the county,   1,439        

and the court that sentences a person convicted of a felony shall  1,440        

not impose a sanction under section 2929.18 of the Revised Code    1,441        

that requires the person to reimburse the costs of the             1,442        

confinement.                                                                    

      (C)  In lieu of requiring offenders to reimburse the         1,444        

municipal corporation for expenses incurred by reason of the       1,445        

person's confinement under division (B) of this section, the       1,446        

legislative authority of the municipal corporation may adopt a     1,447        

prisoner reimbursement policy for the prison or station house                   

under this division.  The prison or station house administrator    1,448        

may appoint a reimbursement coordinator to administer the          1,449        

prisoner reimbursement policy.  A prisoner reimbursement policy    1,450        

adopted under this division is a policy that requires a person     1,451        

confined to the prison or station house to reimburse the                        

municipal corporation for any expenses it incurs by reason of the  1,452        

person's confinement in the prison or station house, which         1,453        

expenses may include, but are not limited to, the following:       1,454        

                                                          39     

                                                                 
      (1)  A per diem fee for room and board of not more than      1,456        

sixty dollars per day or the actual per diem cost, whichever is    1,457        

less, for the entire period of time the person is confined to the  1,458        

prison or station house;                                                        

      (2)  Actual charges for medical and dental treatment;        1,460        

      (3)  Reimbursement for municipal property damaged by the     1,462        

person while confined to the prison or station house.              1,463        

      Rates charged shall be on a sliding scale determined by the  1,465        

legislative authority of the municipal corporation, based on the   1,466        

ability of the person confined to the prison or station house to   1,467        

pay and on consideration of any legal obligation of the person to  1,468        

support a spouse, minor children, or other dependents and any      1,469        

moral obligation to support dependents to whom the person is       1,470        

providing or has in fact provided support.                                      

      The reimbursement coordinator or another appointed person    1,472        

may investigate the financial status of the confined person and    1,473        

obtain information necessary to investigate that status, by means  1,474        

that may include contacting employers and reviewing income tax     1,475        

records.  The coordinator may work with the confined person to     1,476        

create a repayment plan to be implemented upon the person's                     

release.  At the end of the person's incarceration, the person     1,477        

shall be presented with a billing statement.                       1,478        

      The reimbursement coordinator or another appointed person    1,480        

may collect, or the legislative authority of the municipal         1,481        

corporation may enter into a contract with one or more public      1,482        

agencies or private vendors to collect, any amounts remaining      1,483        

unpaid.  Within twelve months after the date of the confined                    

person's release, the city director of law, village solicitor, or  1,484        

other attorney for the municipal corporation may file a civil      1,485        

action to seek reimbursement from that person for any billing      1,486        

amount that remains unpaid.  The municipal corporation shall not   1,487        

enforce any judgment obtained under this section by means of       1,488        

execution against the person's homestead.  For purposes of this    1,489        

section, "homestead" has the same meaning as in division (A) of                 

                                                          40     

                                                                 
section 323.151 of the Revised Code.  Any reimbursement received   1,490        

under this section shall be credited to the general fund of the    1,491        

municipal corporation that bore the expense, to be used for        1,492        

general fund purposes.                                                          

      (D)(1)  Notwithstanding any contrary provision in this       1,494        

section or section 2929.18 or 2929.223 of the Revised Code, the    1,495        

legislative authority of the municipal corporation may establish   1,496        

a policy that requires any person who is not indigent and who is   1,497        

confined in a prison or station house to pay a reasonable fee for  1,498        

any medical treatment or service requested by and provided to      1,499        

that person.  This fee shall not exceed the actual cost of the                  

treatment or service provided.  No person confined to a prison or  1,500        

station house who is indigent shall be required to pay those       1,501        

fees, and no person confined to a prison or station house shall    1,502        

be denied any necessary medical care because of inability to pay   1,503        

those fees.                                                                     

      Upon provision of the requested medical treatment or         1,505        

service, payment of the required fee may be automatically          1,506        

deducted from a person's account record in the prison or station   1,507        

house's business office.  If the person has no funds in the        1,508        

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   1,509        

later become available in the person's account.  If the person is  1,510        

released from the prison or station house and has an unpaid        1,511        

balance of these fees, the legislative authority may bill the      1,512        

person for payment of the remaining unpaid fees.  Fees received    1,513        

for medical treatment or services shall be paid into the                        

commissary fund, if one has been created for the prison or         1,514        

station house, or if no such fund exists, into the municipal       1,515        

treasury.                                                                       

      (2)  If a person confined to a prison or station house is    1,517        

required under division (B) or (C) of this section or section      1,518        

2929.18 or 2929.223 of the Revised Code to reimburse the           1,519        

municipal corporation for expenses incurred by reason of the       1,520        

                                                          41     

                                                                 
person's confinement to the prison or station house, any fees                   

paid by the person under division (D)(1) of this section shall be  1,521        

deducted from the expenses required to be reimbursed under         1,522        

division (B) or (C) of this section or section 2929.18 or          1,523        

2929.223 of the Revised Code.                                                   

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,525        

GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT IN A   1,526        

PRISON OR STATION HOUSE AS DESCRIBED IN DIVISION (A) OF THIS       1,527        

SECTION, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND  1,528        

WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN      1,529        

RELEASED ON BAIL IS CONFINED IN A PRISON OR STATION HOUSE AS                    

DESCRIBED IN DIVISION (A) OF THIS SECTION PENDING TRIAL, AT THE    1,531        

TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE   1,533        

OPERATION OF THE PRISON OR STATION HOUSE DETERMINES TO BE          1,534        

APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE PRISON   1,535        

OR STATION HOUSE MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER TO                 

BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND OTHER  1,537        

CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE OPERATION OF     1,538        

THE PRISON OR STATION HOUSE MAY CAUSE A CONVICTED OR ACCUSED       1,539        

OFFENDER IN THE PRISON OR STATION HOUSE WHO REFUSES TO BE TESTED   1,540        

OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS  1,541        

DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.                    1,542        

      Sec. 753.04.  (A)  When a person over sixteen years of age   1,553        

is convicted of an offense under the law of this state or an       1,554        

ordinance of a municipal corporation, and the tribunal before      1,555        

which the conviction is had is authorized by law to commit the     1,556        

offender to the county jail or municipal corporation prison, the   1,557        

court, mayor, or judge of the county court, as the case may be,    1,558        

may sentence the offender to a workhouse.                          1,559        

      When a commitment is made from a municipal corporation or    1,561        

township in the county, other than in a municipal corporation      1,562        

having a workhouse, the legislative authority of the municipal     1,563        

corporation or the board of township trustees shall transmit with  1,564        

the mittimus a sum of money equal to not less than seventy cents   1,565        

                                                          42     

                                                                 
per day for the time of the commitment, to be placed in the hands  1,566        

of the superintendent of a workhouse for the care and maintenance  1,567        

of the prisoner.                                                   1,568        

      (B)(1)  The legislative authority of the municipal           1,570        

corporation or the board of township trustees may require a        1,571        

person who is convicted of an offense and who is confined in a     1,573        

workhouse as provided in division (A) of this section, to          1,574        

reimburse the municipal corporation or the township, as the case   1,575        

may be, for its expenses incurred by reason of the person's        1,576        

confinement, including, but not limited to, the expenses relating               

to the provision of food, clothing, shelter, medical care,         1,578        

personal hygiene products, including, but not limited to,                       

toothpaste, toothbrushes, and feminine hygiene items, and up to    1,579        

two hours of overtime costs the sheriff or municipal corporation   1,580        

incurred relating to the trial of the person.  The amount of       1,581        

reimbursement may be the actual cost of the prisoner's             1,582        

confinement plus the authorized trial overtime costs or a lesser   1,583        

amount determined by the legislative authority of the municipal    1,584        

corporation or board of township trustees, provided that the       1,585        

lesser amount shall be determined by a formula that is uniformly   1,586        

applied to persons incarcerated in the workhouse.  The amount of   1,587        

reimbursement shall be determined by a court at a hearing held     1,588        

pursuant to section 2929.18 of the Revised Code if the prisoner    1,589        

person is confined for a felony or section 2929.223 of the         1,591        

Revised Code if the prisoner person is confined for a                           

misdemeanor.  The a confined for a misdemeanor amount or amounts   1,593        

paid in reimbursement by a prisoner PERSON confined for a          1,594        

misdemeanor or the amount recovered from a prisoner PERSON         1,595        

confined for a misdemeanor by executing upon the judgment          1,597        

obtained pursuant to section 2929.223 of the Revised Code shall    1,598        

be paid into the treasury of the municipal corporation or          1,599        

township that incurred the expenses.  If a prisoner person is      1,600        

confined for a felony and the court imposes a sanction under       1,601        

section 2929.18 of the Revised Code that requires the prisoner     1,602        

                                                          43     

                                                                 
person to reimburse the costs of confinement, the city director    1,604        

of law, village solicitor, or other chief legal officer shall      1,605        

bring an action to recover the expenses of confinement the IN                   

ACCORDANCE WITH SECTION 2929.18 of the Revised Code.               1,606        

      (2)  The legislative authority of a municipal corporation    1,608        

or the board of township trustees may adopt an ordinance or        1,609        

resolution specifying that a person who is convicted of a felony   1,610        

and who is confined in a workhouse as provided in division (A) of  1,611        

this section is not required to reimburse the municipal            1,612        

corporation or the township, as the case may be, for its expenses  1,613        

incurred by reason of the person's confinement, including the      1,614        

expenses listed in division (B)(1) of this section.  If the        1,615        

legislative authority or board adopts a resolution of that         1,616        

nature, the legislative authority or board shall provide a copy    1,617        

to the court of common pleas of the county, and the court that     1,618        

sentences a person convicted of a felony shall not impose a        1,619        

sanction under section 2929.18 of the Revised Code that requires   1,620        

the person to reimburse the costs of the confinement.              1,621        

      (C)  In lieu of requiring offenders to reimburse the         1,623        

political subdivision for expenses incurred by reason of the       1,624        

person's confinement in a municipal workhouse under division (B)   1,625        

of this section or under division (C) of section 753.16 of the     1,626        

Revised Code, the legislative authority of the municipal                        

corporation may adopt a prisoner reimbursement policy for the      1,627        

workhouse under this division.  A reimbursement coordinator may    1,628        

be appointed to administer the prisoner reimbursement policy.  A   1,629        

prisoner reimbursement policy adopted under this division is a     1,630        

policy that requires a person confined to the municipal workhouse  1,631        

to reimburse any expenses it incurs by reason of the person's      1,632        

confinement in the workhouse, which expenses may include, but are               

not limited to, the following:                                     1,633        

      (1)  A per diem fee for room and board of not more than      1,635        

sixty dollars per day or the actual per diem cost, whichever is    1,636        

less, for the entire period of time the person is confined to the  1,637        

                                                          44     

                                                                 
workhouse;                                                                      

      (2)  Actual charges for medical and dental treatment;        1,639        

      (3)  Reimbursement for municipal property damaged by the     1,641        

person while confined to the workhouse.                            1,642        

      Rates charged shall be on a sliding scale determined by the  1,644        

legislative authority of the municipal corporation based on the    1,645        

ability of the person confined to the workhouse to pay and on      1,646        

consideration of any legal obligation of the person to support a   1,647        

spouse, minor children, or other dependents and any moral          1,648        

obligation to support dependents to whom the person is providing                

or has in fact provided support.                                   1,649        

      The reimbursement coordinator or another workhouse employee  1,651        

may investigate the financial status of the confined person and    1,652        

obtain information necessary to investigate that status, by means  1,653        

that may include contacting employers and reviewing income tax     1,654        

records.  The coordinator may work with the confined person to     1,655        

create a repayment plan to be implemented upon the person's                     

release.  At the end of the person's incarceration, the person     1,656        

shall be presented with a billing statement.                       1,657        

      The reimbursement coordinator or another workhouse employee  1,659        

may collect, or the legislative authority of the municipal         1,660        

corporation may enter into a contract with one or more public      1,661        

agencies or private vendors to collect, any amounts remaining      1,662        

unpaid.  Within twelve months after the date of the confined                    

person's release, the city director of law, village solicitor, or  1,663        

other attorney for the municipal corporation may file a civil      1,664        

action to seek reimbursement from that person for any billing      1,665        

amount that remains unpaid.  The municipal corporation shall not   1,666        

enforce any judgment obtained under this section by means of       1,667        

execution against the person's homestead.  For purposes of this    1,668        

section, "homestead" has the same meaning as in division (A) of                 

section 323.151 of the Revised Code.  Any reimbursement received   1,669        

under this section shall be credited to the general fund of the    1,670        

political subdivision that bore the expense, to be used for        1,671        

                                                          45     

                                                                 
general fund purposes.                                                          

      (D)(1)  Notwithstanding any contrary provision in this       1,673        

section or section 2929.18 or 2929.223 of the Revised Code, the    1,674        

legislative authority of the municipal corporation or board of     1,675        

township trustees may establish a policy that requires any person  1,676        

who is not indigent and who is confined in the workhouse under     1,677        

division (A) of this section to pay a reasonable fee for any                    

medical treatment or service requested by and provided to that     1,678        

person.  This fee shall not exceed the actual cost of the          1,679        

treatment or service provided.  No person confined to a workhouse  1,680        

who is indigent shall be required to pay those fees, and no        1,681        

person confined to a workhouse shall be denied any necessary       1,682        

medical care because of inability to pay those fees.                            

      Upon provision of the requested medical treatment or         1,684        

service, payment of the required fee may be automatically          1,685        

deducted from a person's account record in the workhouse's         1,686        

business office.  If the person has no funds in the person's                    

account, a deduction may be made at a later date during the        1,687        

person's confinement in the center if funds later become           1,688        

available in the person's account.  If the person is released      1,689        

from the workhouse and has an unpaid balance of these fees, the    1,690        

legislative authority or board of township trustees may bill the   1,691        

person for payment of the remaining unpaid fees.  Fees received                 

for medical treatment or services shall be paid into the           1,692        

commissary fund, if one has been created for the workhouse, or if  1,693        

no such fund exists, into the treasury of the municipal            1,694        

corporation or township.                                                        

      (2)  If a person confined to a workhouse under division (A)  1,696        

of this section is required under division (B) of this section or  1,697        

section 2929.18 or 2929.223 of the Revised Code to reimburse       1,698        

medical expenses incurred by reason of the person's confinement    1,699        

to the workhouse, any fees paid by the person under division       1,700        

(C)(D)(1) of this section shall be deducted from the expenses      1,701        

required to be reimbursed under division (B) of this section or    1,702        

                                                          46     

                                                                 
section 2929.18 or 2929.223 of the Revised Code.                   1,703        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,705        

GUILTY TO AN OFFENSE IS INCARCERATED IN A WORKHOUSE OR IF A        1,706        

PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS NOT BEEN  1,707        

DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL  1,708        

IS CONFINED IN A WORKHOUSE PENDING TRIAL, AT THE TIME OF           1,709        

RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE           1,711        

OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE       1,712        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE   1,713        

CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR        1,715        

TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE   1,716        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A     1,717        

CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE   1,718        

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER      1,720        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         1,721        

      Sec. 753.16.  (A)  Any city or district having a workhouse   1,731        

may receive as inmates of the workhouse persons sentenced or       1,732        

committed to it from counties other than the one in which the      1,733        

workhouse is situated, upon such terms and during such length of   1,734        

time as agreed upon by the boards of county commissioners of such  1,735        

counties, or by the legislative authority of a municipal           1,736        

corporation in such counties and the legislative authority of the  1,737        

city, or the board of the district workhouse, or other authority   1,738        

having the management and control of the workhouse.  Prisoners so  1,739        

received shall in all respects be and remain under the control of  1,740        

such authority, and subject to the rules and discipline of the     1,741        

workhouse the same as other prisoners detained there.              1,742        

      (B)  Prior to the acceptance for housing into a jail or      1,744        

workhouse of persons who are designated by the department of       1,745        

rehabilitation and correction, who plead guilty to or are          1,746        

convicted of a felony of the fourth or fifth degree, and who       1,747        

satisfy the other requirements listed in section 5120.161 of the   1,748        

Revised Code, the legislative authority of a municipal                          

corporation having a jail or workhouse, or the joint board         1,749        

                                                          47     

                                                                 
managing and controlling a workhouse for the joint use of a        1,750        

municipal corporation and a county shall enter into an agreement   1,751        

with the department of rehabilitation and correction under         1,752        

section 5120.161 of the Revised Code for the housing in the jail   1,753        

or workhouse of persons who are designated by the department, who  1,754        

plead guilty to or are convicted of a felony of the fourth or      1,755        

fifth degree, and who satisfy the other requirements listed in     1,756        

that section, in exchange for a per diem fee per person.  Persons  1,757        

incarcerated in the jail or workhouse pursuant to such an          1,758        

agreement shall be subject to supervision and control in the       1,759        

manner described in section 5120.161 of the Revised Code.  This    1,760        

division does not affect the authority of a court to directly      1,761        

sentence a person who is convicted of or pleads guilty to a        1,762        

felony to the jail or workhouse in accordance with section                      

2929.16 of the Revised Code.                                       1,763        

      (C)(1)  The board of county commissioners, the legislative   1,765        

authority of the municipal corporation, or the board or other      1,766        

managing authority of the district workhouse may require a person  1,767        

who was convicted of an offense and who is confined in the         1,769        

workhouse as provided in division (A) of this section, to          1,770        

reimburse the county, municipal corporation, or district, as the   1,771        

case may be, for its expenses incurred by reason of the person's   1,772        

confinement, including, but not limited to, the expenses relating  1,773        

to the provision of food, clothing, shelter, medical care,         1,774        

personal hygiene products, including, but not limited to,          1,775        

toothpaste, toothbrushes, and feminine hygiene items, and up to                 

two hours of overtime costs the sheriff or municipal corporation   1,776        

incurred relating to the trial of the person.  The amount of       1,778        

reimbursement may be the actual cost of the prisoner's PERSON'S    1,779        

confinement plus the authorized trial overtime costs or a lesser   1,780        

amount determined by the board of county commissioners for the     1,782        

county, the legislative authority of the municipal corporation,                 

or the board or other managing authority of the district           1,783        

workhouse, provided that the lesser amount shall be determined by  1,784        

                                                          48     

                                                                 
a formula that is uniformly applied to persons incarcerated in     1,785        

the workhouse.  The amount of reimbursement shall be determined    1,786        

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    1,787        

section 2929.223 of the Revised Code if the prisoner person is     1,789        

confined for a misdemeanor.  The a confined for a misdemeanor or   1,790        

municipal chief legal officer amount or amounts paid in            1,792        

reimbursement by a prisoner PERSON confined for a misdemeanor or   1,793        

the amount recovered from a prisoner PERSON confined for a         1,794        

misdemeanor by executing upon the judgment obtained pursuant to    1,796        

section 2929.223 of the Revised Code shall be paid into the        1,797        

treasury of the county, municipal corporation, or district that    1,798        

incurred the expenses.  If a prisoner person is confined for a     1,799        

felony and the court imposes a sanction under section 2929.18 of                

the Revised Code that requires the prisoner person to reimburse    1,800        

the costs of confinement, the prosecuting attorney or municipal    1,802        

chief legal officer shall bring an action to recover the expenses  1,803        

of confinement the IN ACCORDANCE WITH SECTION 2929.18 of the       1,804        

Revised Code.                                                                   

      (2)  The board of county commissioners, the legislative      1,806        

authority of the municipal corporation, or the board or other      1,807        

managing authority of the district workhouse may adopt a           1,808        

resolution or ordinance specifying that a person who is convicted  1,809        

of a felony and who is confined in the workhouse as provided in    1,810        

division (A) of this section is not required to reimburse the      1,811        

county, municipal corporation, or district, as the case may be,    1,812        

for its expenses incurred by reason of the person's confinement,                

including the expenses listed in division (C)(1) of this section.  1,814        

If the board, legislative authority, or managing authority adopts  1,815        

a resolution of that nature, the board, legislative authority, or  1,816        

managing authority shall provide a copy to the court of common     1,817        

pleas of the county, and the court that sentences a person         1,818        

convicted of a felony shall not impose a sanction under section    1,819        

2929.18 of the Revised Code that requires the person to reimburse  1,820        

                                                          49     

                                                                 
the costs of the confinement.                                      1,821        

      (D)(1)  Notwithstanding any contrary provision in this       1,823        

section or section 2929.223 of the Revised Code, the board of      1,824        

county commissioners, the legislative authority of a municipal     1,825        

corporation, or the board or other managing authority of the       1,826        

district workhouse may establish a policy that requires any        1,827        

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       1,828        

reasonable fee for any medical treatment or service requested by   1,829        

and provided to that person.  This fee shall not exceed the        1,830        

actual cost of the treatment or service provided.  No person who   1,831        

is indigent shall be required to pay those fees, and no person     1,832        

shall be denied any necessary medical care because of inability                 

to pay those fees.                                                 1,833        

      Upon provision of the requested medical treatment or         1,835        

service, payment of the required fee may be automatically          1,836        

deducted from a person's account record in the jail or             1,837        

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   1,838        

the person's confinement in the jail or workhouse if funds later   1,839        

become available in that person's account.  If the person is       1,840        

released from the jail or workhouse and has an unpaid balance of   1,841        

these fees, the board of county commissioners, the legislative     1,842        

authority of the municipal corporation, or the board or other      1,843        

managing authority of the district workhouse may bill the person   1,844        

for payment of the remaining unpaid fees.  Fees received for                    

medical treatment or services shall be paid into the commissary    1,845        

fund, if one has been created for the workhouse, or if no such     1,846        

fund exists, into the treasury of each applicable political        1,847        

subdivision.                                                                    

      (2)  If a person confined to a jail or workhouse is          1,849        

required under division (C) of this section or section 2929.18 or  1,850        

2929.223 of the Revised Code to reimburse medical expenses         1,851        

incurred by reason of the person's confinement to the jail or      1,852        

                                                          50     

                                                                 
workhouse, any fees paid by the person under division (D)(1) of    1,853        

this section shall be deducted from the expenses required to be    1,854        

reimbursed under division (C) of this section or section 2929.18                

or 2929.223 of the Revised Code.                                   1,855        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,857        

GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN   1,858        

DIVISION (A) OF THIS SECTION OR IS INCARCERATED IN THE WORKHOUSE   1,859        

IN THE MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, OR IF A   1,860        

PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN      1,861        

DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL  1,862        

IS CONFINED IN THE WORKHOUSE PENDING TRIAL, AT THE TIME OF         1,863        

RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE           1,865        

OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE       1,866        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE   1,867        

CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR        1,869        

TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE   1,870        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A     1,871        

CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE   1,872        

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER      1,874        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         1,875        

      Sec. 753.21.  (A)  As used in this section, "building or     1,885        

structure" includes, but is not limited to, a modular unit,        1,886        

building, or structure and a movable unit, building, or            1,887        

structure.                                                         1,888        

      (B)(1)  The legislative authority of a municipal             1,890        

corporation, by ordinance, may dedicate and permit the use, as a   1,891        

minimum security jail, of any vacant or abandoned public building  1,893        

or structure owned by the municipal corporation that has not been  1,894        

dedicated to or is not then in use for any municipal or other      1,895        

public purpose, or any building or structure rented or leased by   1,896        

the municipal corporation.  The legislative authority of a         1,897        

municipal corporation, by ordinance, also may dedicate and permit  1,898        

the use, as a minimum security jail, of any building or structure  1,899        

purchased by or constructed by or for the municipal corporation.   1,900        

                                                          51     

                                                                 
Subject to divisions (B)(3) and (C) of this section, upon the      1,901        

effective date of such an ordinance, the specified building or     1,902        

structure shall be used, in accordance with this section, for the  1,903        

confinement of persons who meet one of the following conditions:   1,904        

      (a)  The person is sentenced to a term of imprisonment for   1,906        

a traffic violation, a misdemeanor that is not an offense of       1,907        

violence, or a violation of a municipal ordinance that is not an   1,909        

offense of violence and the person is under the jurisdiction of    1,911        

the municipal corporation, or the person is sentenced to a term    1,913        

RESIDENTIAL SANCTION in the jail for a felony of the fourth or     1,914        

fifth degree that is not an offense of violence; PURSUANT TO       1,916        

SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL      1,918        

ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED               

THE PERSON AS A MINIMAL SECURITY RISK.  IN DETERMINING THE         1,919        

PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR  1,920        

DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT   1,921        

LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR            1,922        

ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND  1,923        

CURRENT BEHAVIOR.                                                               

      (b)  The person is an inmate transferred by order of a       1,925        

judge of the sentencing court upon the request of the sheriff,     1,926        

administrator, jailer, or other person responsible for operating   1,927        

the jail other than a contractor as defined in division (H) of     1,928        

section 9.06 of the Revised Code, who is named in the request as   1,929        

being suitable for confinement in a minimum security facility and  1,930        

for the confinement of persons convicted of a felony who are and   1,932        

sentenced to a residential sanction in the minimum security                     

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,933        

Revised Code.                                                      1,934        

      (2)  The legislative authority of a municipal corporation,   1,936        

by ordinance, may affiliate with the county in which it is         1,937        

located, with one or more counties adjacent to the county in       1,938        

which it is located, or with one or more municipal corporations    1,939        

located within the county in which it is located or within an      1,940        

                                                          52     

                                                                 
adjacent county, and dedicate and permit the use, as a minimum     1,941        

security jail, of any vacant or abandoned public building or       1,943        

structure owned by any of the affiliating counties or municipal    1,944        

corporations that has not been dedicated to or is not then in use  1,945        

for any public purpose, or any building or structure rented or     1,946        

leased by any of the affiliating counties or municipal                          

corporations.  The legislative authority of a municipal            1,947        

corporation, by ordinance, also may affiliate with one or more     1,948        

counties adjacent to the county in which it is located or with     1,949        

one or more municipal corporations located within the county in    1,950        

which it is located or within an adjacent county and dedicate and  1,951        

permit the use, as a minimum security jail, of any building or     1,953        

structure purchased by or constructed by or for any of the         1,954        

affiliating counties or municipal corporations.  Any counties and  1,955        

municipal corporations that affiliate for purposes of this         1,956        

division shall enter into an agreement that establishes the        1,957        

responsibilities for the operation and for the cost of operation   1,958        

of the minimum security jail.  Subject to divisions (B)(3) and     1,959        

(C) of this section, upon the effective date of an ordinance       1,960        

adopted under this division, the specified building or structure   1,961        

shall be used, in accordance with this section, for the            1,962        

confinement of persons who meet one of the following conditions:   1,963        

      (a)  The person is sentenced to a term of imprisonment for   1,965        

a traffic violation, a misdemeanor that is not an offense of       1,967        

violence, or A VIOLATION OF an ordinance of a municipal            1,969        

corporation that is not an offense of violence and the person is   1,970        

under the jurisdiction of any of the affiliating counties or       1,971        

municipal corporations, or the person is sentenced to a term       1,972        

RESIDENTIAL SANCTION in the jail for a felony of the fourth or     1,974        

fifth degree that is not an offense of violence; PURSUANT TO       1,976        

SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL      1,978        

ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED               

THE PERSON AS A MINIMAL SECURITY RISK.  IN DETERMINING THE         1,979        

PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR  1,980        

                                                          53     

                                                                 
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT   1,981        

LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR            1,982        

ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND  1,983        

CURRENT BEHAVIOR.                                                               

      (b)  The person is an inmate transferred by order of a       1,985        

judge of the sentencing court upon the request of the sheriff,     1,986        

administrator, jailer, or other person responsible for operating   1,987        

the jail other than a contractor as defined in division (H) of     1,988        

section 9.06 of the Revised Code, who is named in the request as   1,989        

being suitable for confinement in a minimum security facility and  1,990        

for the confinement of persons convicted of a felony who are       1,991        

sentenced to a residential sanction in the minimum security        1,992        

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,993        

Revised Code.                                                      1,994        

      (3)  No person shall be confined in a building or structure  1,996        

dedicated as a minimum security jail under division (B)(1) or (2)  1,998        

of this section unless the judge who sentenced the person to the   1,999        

term of imprisonment for the traffic violation or the misdemeanor  2,000        

SPECIFIES THAT THE TERM OF IMPRISONMENT IS TO BE SERVED IN THAT                 

JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE       2,001        

CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who     2,002        

sentenced the person to the residential sanction for the felony    2,005        

specifies that the term of imprisonment or the residential         2,006        

sanction is to be served in that A jail, AND DIVISION (B)(1) OR    2,007        

(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT  2,008        

JAIL.  If a rented or leased building or structure is so           2,010        

dedicated, the building or structure may be used as a minimum      2,011        

security jail only during the period that it is rented or leased   2,012        

by the municipal corporation or by an affiliated county or         2,013        

municipal corporation. If a person convicted of a misdemeanor is   2,014        

confined to a building or structure dedicated as a minimum         2,016        

security jail under division (B)(1) or (2) of this section and     2,017        

the sheriff, administrator, jailer, or other person responsible    2,018        

for operating the jail other than a contractor as defined in       2,020        

                                                          54     

                                                                 
division (H) of section 9.06 of the Revised Code determines that   2,021        

it would be more appropriate for the person so confined to be      2,022        

confined in another jail or workhouse facility, the sheriff,       2,023        

administrator, jailer, or other person may transfer the person so  2,024        

confined to a more appropriate jail or workhouse facility.         2,025        

      (C)  All of the following apply in relation to a building    2,027        

or structure that is dedicated pursuant to division (B)(1) or (2)  2,028        

of this section for use as a minimum security jail:                2,029        

      (1)  To the extent that the use of the building or           2,031        

structure as a minimum security jail requires a variance from any  2,033        

municipal corporation, county, or township zoning ordinances or    2,034        

regulations, the variance shall be granted.                                     

      (2)  Except as provided in this section, the building or     2,036        

structure shall not be used to confine any person unless it is in  2,037        

substantial compliance with any applicable housing, fire           2,038        

prevention, sanitation, health, and safety codes, regulations, or  2,039        

standards.                                                         2,040        

      (3)  Unless such satisfaction or compliance is required      2,042        

under the standards described in division (C)(4) of this section,  2,043        

and notwithstanding any other provision of state or local law to   2,044        

the contrary, the building or structure need not satisfy or        2,045        

comply with any state or local building standard or code in order  2,046        

to be used to confine a person for the purposes specified in       2,047        

division (B) of this section.                                      2,048        

      (4)  The building or structure shall not be used to confine  2,050        

any person unless it is in compliance with all minimum standards   2,051        

and minimum renovation, modification, and construction criteria    2,052        

for minimum security jails that have been proposed by the          2,054        

department of rehabilitation and correction, through its bureau    2,055        

of adult detention, under section 5120.10 of the Revised Code.                  

      (5)  The building or structure need not be renovated or      2,057        

modified into a secure detention facility in order to be used      2,058        

solely to confine a person for the purposes specified in           2,059        

divisions (B)(1)(a) and (B)(2)(a) of this section.                 2,060        

                                                          55     

                                                                 
      (6)  The building or structure shall be used, equipped,      2,062        

furnished, and staffed to provide adequate and suitable living,    2,063        

sleeping, food service or preparation, drinking, bathing and       2,064        

toilet, sanitation, and other necessary facilities, furnishings,   2,065        

and equipment.                                                     2,066        

      (D)  Except as provided in this section, a minimum security  2,068        

jail dedicated and used under this section shall be considered to  2,070        

be part of the jail, workhouse, or other correctional facilities   2,071        

of the municipal corporation or the affiliated counties and        2,072        

municipal corporations for all purposes under the law.  All        2,073        

persons confined in such a minimum security jail shall be and      2,074        

shall remain, in all respects, under the control of the authority  2,075        

of the municipal corporation that has responsibility for the       2,076        

management and operation of the jail, workhouse, or other          2,077        

correctional facilities of the municipal corporation or, if it is  2,078        

operated by any affiliation of counties or municipal               2,079        

corporations, under the control of the specified county or         2,080        

municipal corporation with that authority, provided that, if the   2,081        

person was convicted of a felony and is serving a residential                   

sanction in the facility, all provisions of law that pertain to    2,082        

persons convicted of a felony that would not by their nature       2,083        

clearly be inapplicable apply regarding the person.  A minimum     2,085        

security jail dedicated and used under this section shall be       2,086        

managed and maintained in accordance with policies and procedures  2,087        

adopted by the legislative authority of the municipal corporation  2,088        

or the affiliated counties and municipal corporations governing    2,089        

the safe and healthful operation of the jail, the confinement and  2,090        

supervision of the persons sentenced to it, and their              2,091        

participation in work release or similar rehabilitation programs.  2,092        

In addition to other rules of conduct and discipline, the rights   2,093        

of ingress and egress of persons confined in a minimum security    2,094        

jail dedicated and used under this section shall be subject to     2,095        

reasonable restrictions.  Every person confined in a minimum       2,096        

security jail dedicated and used under this section shall be       2,098        

                                                          56     

                                                                 
given verbal and written notification, at the time of the          2,099        

person's admission to the jail, that purposely leaving, or                      

purposely failing to return to, the jail without proper authority  2,100        

or permission constitutes the felony offense of escape.            2,101        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        2,103        

GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A   2,104        

RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN    2,105        

DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON    2,107        

IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A  2,108        

JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b)   2,109        

OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER   2,110        

TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL            2,112        

DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE          2,113        

OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OFFENDER TO BE       2,114        

EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND OTHER     2,115        

CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE OPERATION OF     2,116        

THE JAIL MAY CAUSE A CONVICTED OFFENDER IN THE JAIL WHO REFUSES    2,117        

TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR        2,118        

ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED                2,119        

INVOLUNTARILY.                                                                  

      Sec. 2301.51.  (A)(1)  The court of common pleas of any      2,128        

county that has a population of two hundred thousand or more may   2,129        

formulate a community-based correctional proposal that, upon       2,130        

implementation, would provide a community-based correctional       2,131        

facility and program for the use of that court in accordance with  2,132        

sections 2301.51 to 2301.56 of the Revised Code.  Upon the         2,133        

approval of the director of rehabilitation and correction, the     2,134        

court of common pleas of any county that has a population of two   2,135        

hundred thousand or more may formulate more than one               2,136        

community-based correctional proposal.  In determining whether to  2,137        

grant approval to a court to formulate more than one proposal,     2,139        

the director shall consider the rate at which the county served    2,140        

by the court commits felony offenders to the state correctional    2,141        

system.  If a court formulates more than one proposal, each        2,142        

                                                          57     

                                                                 
proposal shall be for a separate community-based correctional      2,143        

facility and program.                                                           

      For each community-based correctional proposal formulated    2,145        

under this division, the fact that the proposal has been           2,146        

formulated and the fact of any subsequent establishment of a       2,147        

community-based correctional facility and program pursuant to the  2,148        

proposal shall be entered upon the journal of the court.  A        2,149        

county's community-based correctional facilities and programs      2,150        

shall be administered by a judicial corrections board.  The        2,151        

presiding judge of the court shall designate the members of the    2,152        

board, who shall be judges of the court.  The total number of      2,153        

members of the board shall not exceed eleven.  The presiding       2,154        

judge of the court shall serve as chairman of the board.           2,155        

      (2)  The courts of common pleas of two or more adjoining or  2,157        

neighboring counties that have an aggregate population of two      2,158        

hundred thousand or more may form a judicial corrections board     2,159        

and proceed to organize a district and formulate a district        2,160        

community-based correctional proposal that, upon implementation,   2,161        

would provide a district community-based correctional facility     2,162        

and program for the use of the member courts in accordance with    2,163        

sections 2301.51 to 2301.56 of the Revised Code.  Upon the         2,164        

approval of the director of rehabilitation and correction, a       2,165        

judicial corrections board may formulate more than one district    2,166        

community-based correctional proposal.  In determining whether to  2,167        

grant approval to a judicial corrections board to formulate more   2,169        

than one proposal, the director shall consider the rate at which   2,170        

the counties that formed the board commit felony offenders to the  2,171        

state correctional system.  If a judicial corrections board        2,172        

formulates more than one proposal, each proposal shall be for a    2,173        

separate district community-based correctional facility and        2,174        

program.  The judicial corrections board shall consist of not      2,175        

more than eleven judges of the member courts of common pleas, and  2,176        

each member court shall be represented on the board by at least    2,177        

one judge.  The presiding judge of the court of common pleas of    2,178        

                                                          58     

                                                                 
the county with the greatest population shall serve as chairman    2,179        

CHAIRPERSON of the board.  The fact of the formation of a board    2,181        

and district, and, for each district community-based correctional  2,182        

proposal formulated under this division, the fact that the         2,183        

proposal has been formulated and the fact of any subsequent        2,184        

establishment of a district community-based correctional facility  2,185        

and program shall be entered upon the journal of each member       2,186        

court of common pleas.                                                          

      (B)(1)  Each proposal for the establishment of a             2,188        

community-based correctional facility and program or district      2,189        

community-based correctional facility and program that is          2,190        

formulated pursuant to division (A) of this section shall be       2,191        

submitted by the judicial corrections board to the division of     2,192        

parole and community services for its approval under section       2,193        

5120.10 of the Revised Code.                                                    

      (2)  No person shall be sentenced to or placed in a          2,196        

community-based correctional facility and program or to a          2,197        

district community-based correctional facility and program by a    2,199        

court pursuant to section 2929.16 or 2929.17 of the Revised Code,  2,201        

OR by the parole board pursuant to section 2967.28 of the Revised  2,202        

Code, or by the department of rehabilitation and correction        2,203        

pursuant to section 2967.23 of the Revised Code, or otherwise      2,204        

committed or admitted to a facility and program of that type       2,206        

until after the proposal for the establishment of the facility     2,207        

and program has been approved by the division of parole and        2,209        

community services under section 5120.10 of the Revised Code.  A   2,211        

person shall be released by the department of rehabilitation and   2,214        

correction to a facility and program of that type only in          2,216        

accordance with section 2967.23 of the Revised Code, sentenced to  2,219        

a facility and program of that type only pursuant to a sanction    2,221        

imposed by a court pursuant to section 2929.16 or 2929.17 of the   2,223        

Revised Code as the sentence or as any part of the sentence of     2,224        

the person, or otherwise SHALL BE committed or referred to a       2,226        

facility and program of that type only when authorized by law.     2,229        

                                                          59     

                                                                 
      (C)  Upon the approval by the division of parole and         2,231        

community services of a proposal for the establishment of a        2,233        

community-based correctional facility and program or district      2,234        

community-based correctional facility and program submitted to it  2,235        

under division (B) of this section, the judicial corrections       2,236        

board that submitted the proposal may establish and operate the    2,237        

facility and program addressed by the proposal in accordance with  2,238        

the approved proposal, AND division (B)(2) of this section, and    2,239        

section 2967.23 of the Revised Code.  The judicial corrections     2,241        

board may submit a request for funding of some or all of its       2,242        

community-based correctional facilities and programs or district   2,243        

community-based correctional facilities and programs to the board  2,244        

of county commissioners of the county, if the judicial                          

corrections board serves a community-based correctional facility   2,245        

and program, or to the boards of county commissioners of all of    2,246        

the member counties, if the judicial corrections board serves a    2,247        

district community-based correctional facility and program.  The   2,248        

board or boards may appropriate, but are not required to           2,249        

appropriate, a sum of money for funding all aspects of each        2,250        

facility and program as outlined in sections 2301.51 to 2301.56    2,251        

of the Revised Code.  The judicial corrections board has no        2,252        

recourse against a board or boards of county commissioners,        2,253        

either under Chapter 2731. of the Revised Code, under its          2,254        

contempt power, or under any other authority, if the board or      2,255        

boards of county commissioners do not appropriate money for        2,256        

funding any facility or program or if they appropriate money for   2,257        

funding a facility and program in an amount less than the total    2,258        

amount of the submitted request for funding.                       2,259        

      (D)(1)  If a court of common pleas that is being served by   2,261        

any community-based correctional facility and program established  2,262        

pursuant to division (C) of this section determines that it no     2,263        

longer wants to be served by the facility and program, the court   2,264        

may dissolve the facility and program by entering upon the         2,265        

journal of the court the fact of the determination to dissolve     2,266        

                                                          60     

                                                                 
the facility and program and by notifying, in writing, the         2,267        

division of parole and community services of the determination to  2,269        

dissolve the facility and program.  If the court is served by      2,270        

more than one community-based correctional facility and program,   2,271        

it may dissolve some or all of the facilities and programs and,    2,272        

if it does not dissolve all of the facilities and programs, it     2,273        

shall continue the operation of the remaining facilities and       2,274        

programs.                                                                       

      (2)  If all of the courts of common pleas being served by    2,276        

any district community-based correctional facility and program     2,277        

established pursuant to division (C) of this section determine     2,278        

that they no longer want to be served by the facility and          2,279        

program, the courts may dissolve the facility and program by       2,280        

entering upon the journal of each court the fact of the            2,281        

determination to dissolve the facility and program and by the      2,282        

presiding judge of the court of common pleas of the county with    2,283        

the greatest population notifying, in writing, the division of     2,285        

parole and community services of the determination to dissolve     2,286        

the facility and program.  If the courts are served by more than   2,287        

one community-based correctional facility and program, they may    2,288        

dissolve some or all of the facilities and programs and, if they   2,289        

do not dissolve all of the facilities and programs, they shall     2,290        

continue the operation of the remaining facilities and programs.   2,291        

      (3)  If at least one, but not all, of the courts of common   2,293        

pleas being served by one or more district community-based         2,294        

correctional facilities and programs established pursuant to       2,295        

division (C) of this section determines that it no longer wants    2,296        

to be served by the facilities and programs, the court may         2,297        

terminate its involvement with each of the facilities and          2,298        

programs by entering upon the journal of the court the fact of     2,299        

the determination to terminate its involvement with the            2,300        

facilities and programs and by the court notifying, in writing,    2,301        

the division of parole and community services of the               2,302        

determination to terminate its involvement with the facilities     2,304        

                                                          61     

                                                                 
and programs.                                                                   

      If at least one, but not all, of the courts of common pleas  2,306        

being served by one or more district community-based correctional  2,307        

facilities and programs terminates its involvement with each of    2,308        

the facilities and programs in accordance with this division, the  2,309        

other courts of common pleas being served by the facilities and    2,310        

programs may continue to be served by each of the facilities and   2,311        

programs if the other counties are adjoining or neighboring        2,312        

counties and have an aggregate population of two hundred thousand  2,313        

or more.                                                                        

      (E)  Nothing in this section, sections 2301.52 to 2301.56,   2,315        

or section 2967.23, 5120.10, 5120.111, or 5120.122 of the Revised  2,317        

Code modifies or affects or shall be interpreted as modifying or   2,318        

affecting sections 5149.30 to 5149.37 of the Revised Code.         2,319        

      Sec. 2301.52.  Each proposal for a community-based           2,328        

correctional facility and program or a district community-based    2,329        

correctional facility and program shall provide for or contain at  2,330        

least the following:                                               2,331        

      (A)  The designation of a physical facility that will be     2,333        

used for the confinement of persons released to the facility and   2,334        

program by the department of rehabilitation and correction under   2,336        

section 2967.23 of the Revised Code, sentenced to the facility     2,338        

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

the Revised Code, or PERSONS otherwise committed or admitted       2,340        

pursuant to law to the facility and program.  The designate        2,342        

facility shall satisfy all of the following:                                    

      (1)  Be a secure facility that contains lockups and other    2,344        

measures sufficient to ensure the safety of the surrounding        2,345        

community;                                                         2,346        

      (2)  Provide living space and accommodations that are        2,348        

suitable and adequate for the housing upon release, sentencing,    2,350        

or other commitment or admission of the following number of        2,351        

persons:                                                                        

      (a)  For a facility that became operational prior to July    2,353        

                                                          62     

                                                                 
1, 1993, at least twenty, but not more than two hundred, persons;  2,354        

      (b)  For a facility that becomes operational on or after     2,356        

July 1, 1993, at least fifty, but not more than two hundred,       2,357        

persons.                                                           2,358        

      (3)  Be constructed or modified, and maintained and          2,360        

operated, so that it complies with the rules adopted pursuant to   2,362        

Chapter 119. of the Revised Code by the division of parole and     2,363        

community services in the department of rehabilitation and                      

correction for community-based correctional facilities and         2,366        

programs and district community-based correctional facilities and  2,367        

programs.                                                                       

      (B)  The designation of a general treatment program that     2,369        

will be applied individually to each person released to the        2,370        

facility and program by the department of rehabilitation and       2,371        

correction under section 2967.23 of the Revised Code, sentenced    2,372        

to the facility and program by a court pursuant to section         2,374        

2929.16 or 2929.17 of the Revised Code, or otherwise committed or  2,376        

admitted pursuant to law to the facility and program.  The         2,377        

designated general treatment program shall not be limited to, but               

at a minimum shall include, provisions to ensure that:             2,378        

      (1)  Each person released by the department, sentenced by a  2,381        

court, or otherwise committed or admitted to a facility is         2,382        

provided an orientation period of at least thirty days, during     2,383        

which period the person is not permitted to leave the facility     2,384        

and is evaluated in relation to the person's placement in          2,385        

rehabilitative programs;                                           2,386        

      (2)  Each person released by the department, sentenced by a  2,389        

court, or otherwise committed or admitted to a facility is placed  2,390        

in a release program whereby the person will be released           2,391        

temporarily for the purpose of employment in a manner consistent   2,393        

with the applicable work-release program established under         2,394        

section 5147.28 of the Revised Code, for vocational training, or   2,395        

for other educational or rehabilitative programs;                  2,396        

      (3)  All suitable community resources that are available     2,398        

                                                          63     

                                                                 
are utilized in the treatment of each person released by the       2,399        

department, sentenced by a court, or otherwise committed or        2,402        

admitted to the facility.                                                       

      (C)  Provisions to ensure that the facility and program      2,404        

will be staffed and operated by persons who satisfy the minimum    2,405        

educational and experience requirements that are prescribed by     2,406        

rule by the department of rehabilitation and correction;           2,407        

      (D)  Provisions for an intake officer to screen each felony  2,409        

offender who is sentenced by the court or courts that the          2,410        

facility and program serve and to make recommendations to the      2,411        

sentencing court concerning the admission or referral of each      2,412        

felony offender to the facility and program within fourteen days   2,413        

after notification of sentencing;                                  2,414        

      (E)  Written screening standards that are to be used by an   2,416        

intake officer in screening an offender under the provisions       2,417        

described in division (D) of this section and that at a minimum    2,419        

include provisions to ensure that the intake officer will not      2,420        

make a recommendation to a sentencing court in support of the      2,422        

sentencing of a person to the facility and program if the person   2,423        

is ineligible for placement in the facility and program under      2,424        

rules adopted by the facility's and program's judicial             2,425        

corrections board.                                                 2,426        

      (F)  A statement that a good faith effort will be made to    2,428        

ensure that the persons who staff and operate the facility and     2,429        

program proportionately represent the racial, ethnic, and          2,430        

cultural diversity of the persons released, sentenced, or          2,432        

otherwise committed or admitted to the facility and program;       2,433        

      (G)  A statement indicating that the facility's and          2,435        

program's judicial corrections board, in its discretion, may       2,437        

approve the department of rehabilitation and correction's release  2,438        

to the facility and program of a prisoner serving a definite       2,439        

sentence pursuant to section 2967.23 of the Revised Code.          2,440        

      Sec. 2301.55.  (A)  If a judicial corrections board          2,449        

establishes one or more community-based correctional facilities    2,450        

                                                          64     

                                                                 
and programs or district community-based correctional facilities   2,451        

and programs, all of the following apply, for each facility and    2,452        

program so established:                                            2,453        

      (1)  The judicial corrections board shall appoint and fix    2,455        

the compensation of the director of the facility and program and   2,456        

other professional, technical, and clerical employees who are      2,457        

necessary to properly maintain and operate the facility and        2,458        

program.                                                           2,459        

      The director, under the supervision of the judicial          2,461        

corrections board and subject to the rules of the judicial         2,462        

corrections board that are prescribed under division (B) of this   2,463        

section, shall control, manage, operate, and have general charge   2,464        

of the facility and program, and shall have the custody of its     2,465        

property, files, and records.                                      2,466        

      (2)  The judicial corrections board may enter into           2,468        

contracts with the board of county commissioners of the county in  2,469        

which the facility and program is located or, in the case of a     2,470        

district facility and program, with the county commissioners of    2,471        

any county included in the district, whereby the county is to      2,472        

provide buildings, goods, and services to the facility and         2,473        

program.                                                           2,474        

      (3)  The judicial corrections board shall adopt rules for    2,476        

the sentencing or other commitment or admission pursuant to law    2,478        

of persons to, and the operation of, the facility and program.     2,479        

The rules shall provide procedures that conform to sections        2,480        

2301.51 to 2301.56, 2967.23, 5120.10, 5120.111, and 5120.112 of    2,482        

the Revised Code.  The rules adopted under this division shall be  2,483        

entered upon the journal of the court of each member court of a    2,484        

district.                                                          2,485        

      (B)  A judicial corrections board that establishes one or    2,487        

more community-based correctional facilities and programs or       2,488        

district community-based correctional facilities and programs may  2,489        

accept any gift, donation, devise, or bequest of real or personal  2,490        

property made to it by any person, or any grant or appropriation   2,491        

                                                          65     

                                                                 
made to it by any federal, state, or local governmental unit or    2,492        

agency, and use the gift, donation, devise, bequest, grant, or     2,493        

appropriation in any manner that is consistent with any            2,494        

conditions of the gift, donation, devise, bequest, grant, or       2,495        

appropriation and that it considers to be in the interests of the  2,496        

facility and program.  The judicial corrections board may sell,    2,497        

lease, convey, or otherwise transfer any real or personal          2,498        

property that it accepts pursuant to this division following the   2,499        

procedures specified in sections 307.09, 307.10, and 307.12 of     2,500        

the Revised Code.                                                  2,501        

      (C)  A judicial corrections board that establishes one or    2,503        

more community-based correctional facilities and programs or       2,504        

district community-based correctional facilities and programs      2,505        

shall provide the citizens advisory board of the facilities and    2,506        

programs with the staff assistance that the citizens advisory      2,507        

board requires to perform the duties imposed by section 2301.54    2,508        

of the Revised Code.                                               2,509        

      Sec. 2301.56.  (A)  A judicial corrections board that        2,519        

proposes or establishes one or more community-based correctional   2,520        

facilities and programs or district community-based correctional   2,521        

facilities and programs may apply to the division of parole and    2,522        

community services for state financial assistance for the cost of  2,523        

renovation, maintenance, and operation of any of the facilities    2,524        

and programs.  If the judicial corrections board has proposed or   2,525        

established more than one facility and program and if it desires   2,526        

state financial assistance for more than one of the facilities     2,527        

and programs, the board shall submit a separate application for    2,528        

each facility and program for which it desires the financial       2,529        

assistance.                                                        2,530        

      An application for state financial assistance under this     2,532        

section may be made when the judicial corrections board submits    2,533        

for the approval of the section its proposal for the               2,534        

establishment of the facility and program in question to the       2,535        

division of parole and community services under division (B) of    2,536        

                                                          66     

                                                                 
section 2301.51 of the Revised Code, or at any time after the      2,537        

section has approved the proposal.  All applications for state     2,538        

financial assistance for proposed or approved facilities and       2,539        

programs shall be made on forms that are prescribed and furnished  2,540        

by the department of rehabilitation and correction, and in         2,541        

accordance with section 5120.112 of the Revised Code.              2,542        

      The judicial corrections board may submit a request for      2,544        

funding of some or all of its community-based correctional         2,545        

facilities and programs or district community-based correctional   2,546        

facilities and programs to the board of county commissioners of    2,547        

the county, if the judicial corrections board serves a             2,548        

community-based correctional facility and program, or to the       2,549        

boards of county commissioners of all of the member counties, if   2,550        

the judicial corrections board serves a district community-based   2,551        

correctional facility and program.  The board or boards may        2,552        

appropriate, but are not required to appropriate, a sum of money   2,553        

for funding all aspects of each facility and program as outlined   2,554        

in sections 2301.51 to 2301.56 of the Revised Code.  The judicial  2,555        

corrections board has no recourse against a board or boards of     2,556        

county commissioners, either under Chapter 2731. of the Revised    2,557        

Code, under its contempt power, or under any other authority, if   2,558        

the board or boards of county commissioners do not appropriate     2,559        

money for funding any facility or program or if they appropriate   2,560        

money for funding a facility and program in an amount less than    2,561        

the total amount of the submitted request for funding.             2,562        

      (B)(1)  A board of county commissioners may require a        2,564        

person who was convicted of an offense and who is confined in a    2,566        

community-based correctional facility or district community-based  2,567        

correctional facility as provided in sections 2301.51 to 2301.56   2,568        

of the Revised Code, to reimburse the county for its expenses      2,569        

incurred by reason of the person's confinement, including, but     2,570        

not limited to, the expenses relating to the provision of food,    2,571        

clothing, shelter, medical care, personal hygiene products,        2,572        

including, but not limited to, toothpaste, toothbrushes, and       2,573        

                                                          67     

                                                                 
feminine hygiene items, and up to two hours of overtime costs the  2,574        

sheriff or municipal corporation incurred relating to the trial                 

of the person.  The amount of reimbursement may be the actual      2,576        

cost of the prisoner's PERSON'S confinement plus the authorized    2,578        

trial overtime costs or a lesser amount determined by the board                 

of county commissioners for the county, provided that the lesser   2,579        

amount shall be determined by a formula that is uniformly applied  2,581        

to persons incarcerated in the facility.  The amount of                         

reimbursement shall be determined by a court at a hearing held     2,582        

pursuant to section 2929.18 of the Revised Code if the prisoner    2,583        

person is confined for a felony or section 2929.223 of the         2,585        

Revised Code if the prisoner PERSON is confined for a              2,586        

misdemeanor.  The a confined for a misdemeanor amount or amounts   2,587        

paid in reimbursement by a prisoner person confined for a          2,588        

misdemeanor or the amount recovered from a prisoner PERSON         2,589        

confined for a misdemeanor by executing upon the judgment          2,590        

obtained pursuant to section 2929.223 of the Revised Code shall    2,591        

be paid into the treasury of the county that incurred the          2,592        

expenses.  If a prisoner person is confined for a felony and the   2,594        

court imposes a sanction under section 2929.18 of the Revised                   

Code that requires the prisoner person to reimburse the costs of   2,595        

confinement, the prosecuting attorney shall bring an action to     2,597        

recover the expenses of confinement IN ACCORDANCE WITH SECTION     2,598        

2929.18 of the Revised Code.                                                    

      (2)  A board of county commissioners may adopt a resolution  2,600        

specifying that a person who is convicted of a felony and who is   2,601        

confined in a community-based correctional facility or district    2,602        

community-based correctional facility as provided in sections      2,603        

2301.51 to 2301.56 of the Revised Code is not required to          2,604        

reimburse the county for its expenses incurred by reason of the    2,605        

person's confinement, including the expenses listed in division                 

(B)(1) of this section.  If the board adopts a resolution of that  2,607        

nature, the board shall provide a copy to the court of common      2,608        

pleas of the county, and the court that sentences a person                      

                                                          68     

                                                                 
convicted of a felony shall not impose a sanction under section    2,609        

2929.18 of the Revised Code that requires the person to reimburse  2,610        

the costs of the confinement.                                      2,611        

      (C)  In lieu of requiring offenders to reimburse the         2,613        

political subdivision for expenses incurred by reason of the       2,614        

person's confinement pursuant to division (B) of this section,     2,615        

the board or boards of county commissioners, acting jointly with   2,616        

the judicial corrections board, may adopt a prisoner                            

reimbursement policy for the community-based correctional          2,617        

facility under this division to be administered under the          2,618        

direction of the director of the facility.  The director may       2,619        

appoint a reimbursement coordinator to administer the facility's   2,620        

prisoner reimbursement policy.  A prisoner reimbursement policy                 

adopted under this division is a policy that requires a person     2,621        

confined to the facility to reimburse the county or counties for   2,622        

any expenses it incurs by reason of the person's confinement in    2,623        

the facility, which expenses may include, but are not limited to,  2,624        

the following:                                                                  

      (1)  A per diem fee for room and board of not more than      2,626        

sixty dollars per day or the actual per diem cost, whichever is    2,627        

less, for the entire period of time the person is confined to the  2,628        

facility;                                                                       

      (2)  Actual charges for medical and dental treatment;        2,630        

      (3)  Reimbursement for government property damaged by the    2,632        

person while confined to the facility.                             2,633        

      Rates charged shall be on a sliding scale determined by the  2,635        

director with the approval of the judicial corrections board       2,636        

based on the ability of the person confined to the facility to     2,637        

pay and on consideration of any legal obligation of the person to  2,638        

support a spouse, minor children, or other dependents and any                   

moral obligation to support dependents to whom the person is       2,639        

providing or has in fact provided support.                         2,640        

      The reimbursement coordinator or another person designated   2,642        

by the director may investigate the financial status of the        2,643        

                                                          69     

                                                                 
confined person and obtain information necessary to investigate    2,644        

that status, by means that may include contacting employers and    2,645        

reviewing income tax records.  The coordinator may work with the                

confined person to create a repayment plan to be implemented upon  2,646        

the person's release.  At the end of the person's incarceration,   2,647        

the person shall be presented with a billing statement signed by   2,648        

the director.                                                                   

      The reimbursement coordinator or another person designated   2,650        

by the director may collect, or the judicial corrections board     2,651        

may enter into a contract with one or more public agencies or      2,652        

private vendors to collect, any amounts remaining unpaid.  Within  2,653        

twelve months after the date of the confined person's release,                  

the prosecuting attorney may file a civil action in the name of    2,654        

the state in the court of common pleas of the county in which the  2,655        

facility is located to seek reimbursement from that person for     2,656        

any billing amount that remains unpaid.  No judgment obtained      2,657        

under this section shall be enforced by means of execution         2,658        

against the person's homestead.  For purposes of this section,                  

"homestead" has the same meaning as in division (A) of section     2,659        

323.151 of the Revised Code.  Any reimbursement received under     2,660        

this section shall be credited to the general fund of the county   2,661        

that bore the expense, to be used for general fund purposes.       2,662        

      (D)(1)  Notwithstanding any contrary provision in this       2,664        

section or section 2929.18 or 2929.223 of the Revised Code, the    2,665        

judicial corrections board may establish a policy that requires    2,666        

any person who is not indigent and who is confined in the          2,667        

community-based correctional facility or district community-based  2,668        

correctional facility to pay a reasonable fee for any medical      2,669        

treatment or service requested by and provided to that person.                  

This fee shall not exceed the actual cost of the treatment or      2,670        

service provided.  No person confined to a community-based         2,671        

correctional facility or district community-based correctional     2,672        

facility who is indigent shall be required to pay those fees, and  2,673        

no person confined to any facility of that type shall be denied    2,674        

                                                          70     

                                                                 
any necessary medical care because of inability to pay those                    

fees.                                                                           

      Upon provision of the requested medical treatment or         2,676        

service, payment of the required fee may be automatically          2,677        

deducted from a person's account record in the facility's          2,678        

business office.  If the person has no funds in the person's                    

account, a deduction may be made at a later date during the        2,679        

person's confinement in the facility if funds later become         2,680        

available in that person's account.  If the person is released     2,681        

from the facility and has an unpaid balance of these fees, the     2,682        

judicial corrections board may bill the person for payment of the  2,683        

remaining unpaid fees.  Fees received for medical treatment or                  

services shall be paid into the commissary fund, if one has been   2,684        

created for the facility, or if no such fund exists, into the      2,685        

county treasury of the county that actually paid for the           2,686        

treatment or service.                                                           

      (2)  If a person confined to a community-based correctional  2,688        

facility or district community-based correctional facility is      2,689        

required under division (B) or (C) of this section or section      2,690        

2929.18 or 2929.223 of the Revised Code to reimburse the county    2,691        

for expenses incurred by reason of the person's confinement to     2,692        

the facility, any fees paid by the person under division (D)(1)                 

of this section shall be deducted from the expenses required to    2,693        

be reimbursed under division (B) or (C) of this section or         2,694        

section 2929.18 or 2929.223 of the Revised Code.                   2,695        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        2,697        

GUILTY TO AN OFFENSE IS CONFINED IN A COMMUNITY-BASED              2,698        

CORRECTIONAL FACILITY OR DISTRICT COMMUNITY-BASED CORRECTIONAL     2,699        

FACILITY, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE PERSON   2,700        

IN CHARGE OF THE OPERATION OF THE FACILITY DETERMINES TO BE                     

APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE          2,701        

FACILITY MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND       2,702        

TESTED FOR TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS       2,703        

DISEASES.  THE PERSON IN CHARGE OF THE OPERATION OF THE FACILITY   2,704        

                                                          71     

                                                                 
MAY CAUSE A CONVICTED OFFENDER IN THE FACILITY WHO REFUSES TO BE   2,705        

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER      2,706        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         2,707        

      Sec. 2305.24.  Any information, data, reports, or records    2,716        

made available to a quality assurance committee or utilization     2,717        

committee of a hospital or of any not-for-profit health care       2,718        

corporation which THAT is a member of the hospital or of which     2,719        

the hospital is a member shall be confidential and shall be used   2,721        

by the committee and the committee members only in the exercise    2,722        

of the proper functions of the committee.  Any information, data,  2,723        

reports, or records made available to a utilization committee of   2,724        

a state or local medical society composed of doctors of medicine   2,725        

or doctors of osteopathic medicine and surgery shall be            2,726        

confidential and shall be used by the committee and the committee  2,727        

members only in the exercise of the proper functions of the        2,728        

committee.  A right of action similar to that a patient may have   2,729        

against an attending physician for misuse of information, data,    2,730        

reports, or records arising out of the physician-patient           2,731        

relationship, shall accrue against a member of a quality           2,732        

assurance committee or utilization committee for misuse of any     2,733        

information, data, reports, or records furnished to the committee  2,734        

by an attending physician.  No physician, surgeon, institution,    2,735        

or hospital furnishing information, data, reports, or records to   2,736        

a committee with respect to any patient examined or treated by     2,737        

the physician or surgeon or confined in the institution or         2,738        

hospital shall, by reason of the furnishing, be deemed liable in   2,739        

damages to any person, or be held to answer for betrayal of a      2,740        

professional confidence within the meaning and intent of section   2,741        

4731.22 of the Revised Code.  Information, data, or reports        2,742        

furnished to a utilization committee of a state or local medical   2,743        

society shall contain no name of any person involved therein.      2,744        

      Any information, data, reports, or records made available    2,746        

to a quality assurance committee of a state correctional           2,747        

institution operated by the department of rehabilitation and       2,748        

                                                          72     

                                                                 
correction or a quality assurance committee of the central office  2,749        

of the department of rehabilitation and correction or department   2,751        

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

department or committee and the department or committee members    2,752        

only in the exercise of the proper functions of the department or  2,753        

committee.                                                                      

      As used in this section, "utilization committee" is the      2,755        

committee established to administer a utilization review plan of   2,756        

a hospital, of a not-for-profit health care corporation which is   2,757        

a member of the hospital or of which the hospital is a member, or  2,758        

of an extended care facility as provided in the "Health Insurance  2,759        

for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).        2,760        

      Sec. 2305.25.  (A)  No health care entity and no individual  2,770        

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      2,771        

following corporations shall be liable in damages to any person    2,772        

for any acts, omissions, decisions, or other conduct within the    2,773        

scope of the functions of the board, committee, or corporation:    2,774        

      (1)  A peer review committee of a hospital, a nonprofit      2,776        

health care corporation which is a member of the hospital or of    2,777        

which the hospital is a member, or a community mental health       2,778        

center;                                                            2,779        

      (2)  A board or committee of a hospital or of a nonprofit    2,782        

health care corporation which is a member of the hospital or of    2,783        

which the hospital is a member reviewing professional                           

qualifications or activities of the hospital medical staff or      2,784        

applicants for admission to the medical staff;                     2,785        

      (3)  A utilization committee of a state or local society     2,787        

composed of doctors of medicine or doctors of osteopathic          2,788        

medicine and surgery or doctors of podiatric medicine;             2,789        

      (4)  A peer review committee of nursing home providers or    2,791        

administrators, including a corporation engaged in performing the  2,793        

functions of a peer review committee of nursing home providers or  2,794        

administrators, or a corporation engaged in the functions of                    

                                                          73     

                                                                 
another type of peer review or professional standards review       2,795        

committee;                                                         2,796        

      (5)  A peer review committee, professional standards review  2,798        

committee, or arbitration committee of a state or local society    2,799        

composed of doctors of medicine, doctors of osteopathic medicine   2,800        

and surgery, doctors of dentistry, doctors of optometry, doctors   2,801        

of podiatric medicine, psychologists, or registered pharmacists;   2,802        

      (6)  A peer review committee of a health insuring            2,804        

corporation that has at least a two-thirds majority of member      2,806        

physicians in active practice and that conducts professional       2,807        

credentialing and quality review activities involving the          2,808        

competence or professional conduct of health care providers,       2,809        

which conduct adversely affects, or could adversely affect, the    2,810        

health or welfare of any patient.  For purposes of this division,  2,811        

"health insuring corporation" includes wholly owned subsidiaries   2,814        

of a health insuring corporation.                                  2,815        

      (7)  A peer review committee of any insurer authorized       2,817        

under Title XXXIX of the Revised Code to do the business of        2,818        

sickness and accident insurance in this state that has at least a  2,819        

two-thirds majority of physicians in active practice and that      2,820        

conducts professional credentialing and quality review activities  2,821        

involving the competence or professional conduct of health care    2,822        

providers, which conduct adversely affects, or could adversely     2,823        

affect, the health or welfare of any patient;                      2,824        

      (8)  A peer review committee of any insurer authorized       2,826        

under Title XXXIX of the Revised Code to do the business of        2,827        

sickness and accident insurance in this state that has at least a  2,828        

two-thirds majority of physicians in active practice and that      2,829        

conducts professional credentialing and quality review activities  2,830        

involving the competence or professional conduct of a health care  2,831        

facility that has contracted with the insurer to provide health    2,832        

care services to insureds, which conduct adversely affects, or     2,833        

could adversely affect, the health or welfare of any patient;      2,834        

      (9)  A quality assurance committee of a state correctional   2,836        

                                                          74     

                                                                 
institution operated by the department of rehabilitation and       2,838        

correction;                                                                     

      (10)  A quality assurance committee of the central office    2,840        

of the department of rehabilitation and correction or department   2,842        

of mental health;                                                               

      (11)  A peer review committee of an insurer authorized       2,844        

under Title XXXIX of the Revised Code to do the business of        2,845        

medical professional liability insurance in this state and that    2,846        

conducts professional quality review activities involving the      2,848        

competence or professional conduct of health care providers,       2,849        

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

welfare of any patient;                                            2,850        

      (12)(10)  A peer review committee of a health care entity.   2,852        

      (B)(1)  A hospital shall be presumed to not be negligent in  2,854        

the credentialing of a qualified person if the hospital proves by  2,855        

a preponderance of the evidence that at the time of the alleged    2,856        

negligent credentialing of the qualified person it was accredited  2,857        

by the joint commission on accreditation of health care            2,858        

organizations, the American osteopathic association, or the                     

national committee for quality assurance.                          2,859        

      (2)  The presumption that a hospital is not negligent as     2,861        

provided in division (B)(1) of this section may be rebutted only   2,862        

by proof, by a preponderance of the evidence, of any of the        2,863        

following:                                                                      

      (a)  The credentialing and review requirements of the        2,865        

accrediting organization did not apply to the hospital, the        2,866        

qualified person, or the type of professional care that is the     2,867        

basis of the claim against the hospital.                                        

      (b)  The hospital failed to comply with all material         2,869        

credentialing and review requirements of the accrediting           2,870        

organization that applied to the qualified person.                 2,871        

      (c)  The hospital, through its medical staff executive       2,873        

committee or its governing body and sufficiently in advance to     2,874        

take appropriate action, knew that a previously competent          2,875        

                                                          75     

                                                                 
qualified person with staff privileges at the hospital had         2,876        

developed a pattern of incompetence that indicated that the        2,877        

qualified person's privileges should have been limited prior to    2,878        

treating the plaintiff at the hospital.                            2,879        

      (d)  The hospital, through its medical staff executive       2,881        

committee or its governing body and sufficiently in advance to     2,882        

take appropriate action, knew that a previously competent          2,883        

qualified person with staff privileges at the hospital would       2,884        

provide fraudulent medical treatment but failed to limit the       2,885        

qualified person's privileges prior to treating the plaintiff at   2,886        

the hospital.                                                      2,887        

      (3)  If the plaintiff fails to rebut the presumption         2,889        

provided in division (B)(1) of this section, upon the motion of    2,890        

the hospital, the court shall enter judgment in favor of the       2,891        

hospital on the claim of negligent credentialing.                               

      (C)  Nothing in this section otherwise shall relieve any     2,893        

individual or health care entity from liability arising from       2,894        

treatment of a patient.  Nothing in this section shall be          2,895        

construed as creating an exception to section 2305.251 of the      2,896        

Revised Code.                                                                   

      (D)  No person who provides information under this section   2,898        

without malice and in the reasonable belief that the information   2,900        

is warranted by the facts known to the person shall be subject to  2,901        

suit for civil damages as a result of providing the information.   2,902        

      (E)  For purposes of AS USED IN this section:                2,904        

      (1)  "Peer review committee" means a utilization review      2,906        

committee, quality assurance committee, quality improvement        2,907        

committee, tissue committee, credentialing committee, or other     2,908        

committee that conducts professional credentialing and quality     2,909        

review activities involving the competence or professional         2,910        

conduct of health care practitioners.                                           

      (2)  "Health care entity" means a government entity, a       2,912        

for-profit or nonprofit corporation, a limited liability company,  2,913        

a partnership, a professional corporation, a state or local        2,914        

                                                          76     

                                                                 
society as described in division (A)(3) of this section, or other  2,915        

health care organization, including, but not limited to, health    2,916        

care entities described in division (A) of this section, whether   2,917        

acting on its own behalf or on behalf of or in affiliation with    2,918        

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

purpose, professional credentialing or quality review activities   2,919        

involving the competence or professional conduct of health care    2,920        

practitioners or providers.                                        2,921        

      (3)  "Hospital" means either of the following:               2,923        

      (a)  An institution that has been registered or licensed by  2,925        

the Ohio department of health as a hospital;                       2,926        

      (b)  An entity, other than an insurance company authorized   2,928        

to do business in this state, that owns, controls, or is           2,929        

affiliated with an institution that has been registered or         2,931        

licensed by the Ohio department of health as a hospital.                        

      (4)  "Qualified person" means a member of the medical staff  2,933        

of a hospital or a person who has professional privileges at a     2,934        

hospital pursuant to section 3701.351 of the Revised Code.         2,935        

      (F)  This section shall be considered to be purely remedial  2,938        

in its operation and shall be applied in a remedial manner in any  2,939        

civil action in which this section is relevant, whether the civil  2,940        

action is pending in court or commenced on or after the effective  2,941        

date of this section, regardless of when the cause of action       2,942        

accrued and notwithstanding any other section of the Revised Code  2,944        

or prior rule of law of this state.                                             

      Sec. 2305.251.  Proceedings and records within the scope of  2,953        

the peer review or utilization review functions of all review      2,954        

boards, committees, or corporations described in section 2305.25   2,956        

of the Revised Code shall be held in confidence and shall not be   2,957        

subject to discovery or introduction in evidence in any civil      2,958        

action against a health care professional, the department of       2,959        

rehabilitation and correction, the department of mental health, a  2,960        

hospital, a not-for-profit health care corporation which THAT is   2,961        

a member of a hospital or of which a hospital is a member, or      2,962        

                                                          77     

                                                                 
other ANOTHER health care entity arising out of matters that are   2,964        

the subject of evaluation and review by the review board,          2,965        

committee, or corporation.  No person in attendance at a meeting   2,966        

of a review board, committee, or corporation or serving as a       2,967        

member or employee of a review board, committee, or corporation    2,968        

shall be permitted or required to testify in any civil action as   2,969        

to any evidence or other matters produced or presented during the  2,970        

proceedings of the review board, committee, or corporation or as   2,971        

to any finding, recommendation, evaluation, opinion, or other      2,972        

action of the review board, committee, or corporation or a member  2,973        

or employee of it.  Information, documents, or records otherwise   2,975        

available from original sources are not to be construed as being   2,976        

unavailable for discovery or for use in any civil action merely    2,977        

because they were presented during proceedings of a review board,  2,978        

committee, or corporation, nor should any person testifying        2,979        

before a review board, committee, or corporation or who is a       2,980        

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

be prevented from testifying as to matters within the person's     2,982        

knowledge, but the witness cannot be asked about the witness's     2,983        

testimony before the review board, committee, or corporation or    2,984        

an opinion formed by the witness as a result of the review board,  2,985        

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

produce for discovery or for use at trial the proceedings or       2,987        

records described in this section is a final order.                             

      Sec. 2901.07.  (A)  As used in this section:                 2,996        

      (1)  "DNA analysis" and "DNA specimen" have the same         2,998        

meanings as in section 109.573 of the Revised Code.                2,999        

      (2)  "Jail" and "community-based correctional facility"      3,001        

have the same meanings as in section 2929.01 of the Revised Code.  3,002        

      (3)  "Post-release control" has the same meaning as in       3,004        

section 2967.28 2967.01 of the Revised Code.                       3,006        

      (B)(1)  A person who is convicted of or pleads guilty to a   3,009        

felony offense listed in division (D) of this section and who is   3,010        

sentenced to a prison term or to a community residential sanction  3,011        

                                                          78     

                                                                 
in a jail or community-based correctional facility pursuant to     3,012        

section 2929.16 of the Revised Code, and a person who is           3,014        

convicted of or pleads guilty to a misdemeanor offense listed in   3,015        

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

imprisonment shall submit to a DNA specimen collection procedure   3,018        

administered by the director of rehabilitation and correction or   3,019        

the chief administrative officer of the jail or other detention    3,020        

facility in which the person is serving the term of imprisonment.  3,021        

If the person serves the prison term in a state correctional       3,022        

institution, the director of rehabilitation and correction shall   3,023        

cause the DNA specimen to be collected from the person during the  3,024        

intake process at the reception facility designated by the         3,026        

director.  If the person serves the community residential          3,027        

sanction or term of imprisonment in a jail, a community-based      3,028        

correctional facility, or another county, multicounty, municipal,  3,029        

municipal-county, or multicounty-municipal detention facility,     3,030        

the chief administrative officer of the jail, community-based      3,032        

correctional facility, or detention facility shall cause the DNA   3,034        

specimen to be collected from the person during the intake                      

process at the jail, community-based correctional facility, or     3,035        

detention facility.  In accordance with division (C) of this       3,037        

section, the director or the chief administrative officer shall    3,038        

cause the DNA specimen to be forwarded to the bureau of criminal   3,039        

identification and investigation no later than fifteen days after  3,040        

the date of the collection of the DNA specimen.  The DNA specimen  3,041        

shall be collected in accordance with division (C) of this         3,042        

section.                                                                        

      (2)  If a person is convicted of or pleads guilty to an      3,045        

offense listed in division (D) of this section, is serving a       3,047        

prison term, community residential sanction, or term of                         

imprisonment for that offense, and does not provide a DNA          3,048        

specimen pursuant to division (B)(1) of this section, prior to     3,049        

the person's release from the prison term, community residential   3,050        

sanction, or imprisonment, the person shall submit to, and         3,052        

                                                          79     

                                                                 
director of rehabilitation and correction or the chief             3,053        

administrative officer of the jail, community-based correctional   3,054        

facility, or detention facility in which the person is serving                  

the prison term, community residential sanction, or term of        3,056        

imprisonment shall administer, a DNA specimen collection           3,057        

procedure at the state correctional institution, jail,             3,058        

community-based correctional facility, or detention facility in    3,059        

which the person is serving the prison term, community             3,060        

residential sanction, or term of imprisonment.  In accordance      3,062        

with division (C) of this section, the director or the chief       3,064        

administrative officer shall cause the DNA specimen to be                       

forwarded to the bureau of criminal identification and             3,066        

investigation no later than fifteen days after the date of the     3,067        

collection of the DNA specimen.  The DNA specimen shall be         3,068        

collected in accordance with division (C) of this section.         3,069        

      (3)  If a person serving a prison term or community          3,071        

residential sanction for a felony is released on parole, furlough  3,072        

UNDER TRANSITIONAL CONTROL, or other ON ANOTHER TYPE OF release    3,074        

or is on post-release control, if the person is under the          3,076        

supervision of the adult parole authority, if the person is        3,077        

returned to a jail, community-based correctional facility, or      3,078        

state correctional institution for a violation of a condition THE  3,080        

TERMS AND CONDITIONS of the parole, furlough TRANSITIONAL          3,081        

CONTROL, other release, or post-release control, if the person     3,082        

was or will be serving a prison term or community residential      3,083        

sanction for committing an offense listed in division (D) of this  3,086        

section, and if the person did not provide a DNA specimen          3,087        

pursuant to division (B)(1) or (2) of this section, the person     3,089        

shall submit to, and the director of rehabilitation and            3,090        

correction or the chief administrative officer of the jail or      3,091        

community-based correctional facility shall administer, a DNA      3,092        

specimen collection procedure at the jail, community-based         3,094        

correctional facility, or state correctional institution in which  3,095        

the person is serving the prison term or community residential     3,096        

                                                          80     

                                                                 
sanction.  In accordance with division (C) of this section, the    3,099        

director or the chief administrative officer shall cause the DNA   3,101        

specimen to be forwarded to the bureau of criminal identification  3,102        

and investigation no later than fifteen days after the date of     3,103        

the collection of the DNA specimen.  The DNA specimen shall be     3,104        

collected from the person in accordance with division (C) of this  3,106        

section.                                                                        

      (C)  A physician, registered nurse, licensed practical       3,109        

nurse, duly licensed clinical laboratory technician, or other      3,110        

qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          3,111        

pursuant to division (B) of this section.  No later than fifteen   3,112        

days after the date of the collection of the DNA specimen, the     3,113        

director of rehabilitation and correction or the chief             3,114        

administrative officer of the jail, community-based correctional   3,115        

facility, or other county, multicounty, municipal,                 3,116        

municipal-county, or multicounty-municipal detention facility, in  3,117        

which the person is serving the prison term, community             3,118        

residential sanction, or term of imprisonment shall cause the DNA  3,119        

specimen to be forwarded to the bureau of criminal identification  3,120        

and investigation in accordance with procedures established by     3,121        

the superintendent of the bureau under division (H) of section     3,122        

109.573 of the Revised Code.  The bureau shall provide the         3,123        

specimen vials, mailing tubes, labels, postage, and instructions   3,124        

needed for the collection and forwarding of the DNA specimen to    3,125        

the bureau.                                                                     

      (D)  The director of rehabilitation and correction and the   3,127        

chief administrative officer of the jail, community-based          3,128        

correctional facility, or other county, multicounty, municipal,    3,129        

municipal-county, or multicounty-municipal detention facility      3,130        

shall cause a DNA specimen to be collected in accordance with      3,133        

divisions (B) and (C) of this section from a person in its         3,134        

custody who is convicted of or pleads guilty to any of the         3,135        

following offenses:                                                3,136        

                                                          81     

                                                                 
      (1)  A violation of section 2903.01, 2903.02, 2905.01,       3,138        

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      3,140        

Code;                                                                           

      (2)  A violation of section 2907.12 of the Revised Code as   3,142        

it existed prior to September 3, 1996;                             3,143        

      (3)  An attempt to commit a violation of section 2907.02,    3,145        

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    3,147        

violation of section 2907.12 of the Revised Code as it existed                  

prior to September 3, 1996;                                        3,149        

      (4)  A violation of any law that arose out of the same       3,151        

facts and circumstances and same act as did a charge against the   3,154        

person of a violation of section 2907.02, 2907.03, 2907.04, or     3,155        

2907.05 of the Revised Code that previously was dismissed or as    3,156        

did a charge against the person of a violation of section 2907.12  3,157        

of the Revised Code as it existed prior to September 3, 1996,      3,158        

that previously was dismissed;                                                  

      (5)  A violation of section 2905.02 or 2919.23 of the        3,160        

Revised Code that would have been a violation of section 2905.04   3,163        

of the Revised Code as it existed prior to July 1, 1996, had it    3,165        

been committed prior to that date;                                              

      (6)  A sexually oriented offense, as defined in section      3,167        

2950.01 of the Revised Code, if, in relation to that offense, the  3,169        

offender has been adjudicated as being a sexual predator, as       3,170        

defined in section 2950.01 of the Revised Code.                    3,171        

      (E)  The director of rehabilitation and correction or a      3,173        

chief administrative officer of a jail, community-based            3,174        

correctional facility, or other detention facility described in    3,176        

division (B) of this section is not required to comply with this   3,177        

section until the superintendent of the bureau of criminal         3,178        

identification and investigation gives agencies in the criminal    3,179        

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

in the state official notification that the state DNA laboratory   3,180        

is prepared to accept DNA specimens.                               3,181        

      Sec. 2903.13.  (A)  No person shall knowingly cause or       3,190        

                                                          82     

                                                                 
attempt to cause physical harm to another or to another's unborn.  3,191        

      (B)  No person shall recklessly cause serious physical harm  3,193        

to another or to another's unborn.                                 3,194        

      (C)  Whoever violates this section is guilty of assault.     3,196        

Except as otherwise provided in division (C)(1), (2), or (3) of    3,197        

this section, assault is a misdemeanor of the first degree.        3,199        

      (1)  If EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF    3,201        

the offense is committed by a caretaker against a functionally     3,203        

impaired person under the caretaker's care, assault is a felony    3,204        

of the fourth degree.  If the offense is committed by a caretaker  3,205        

against a functionally impaired person under the caretaker's       3,206        

care, if the offender previously has been convicted of or pleaded  3,208        

guilty to a violation of this section or section 2903.11 or        3,209        

2903.16 of the Revised Code, and if in relation to the previous    3,210        

conviction the offender was a caretaker and the victim was a       3,211        

functionally impaired person under the offender's care, assault    3,212        

is a felony of the third degree.                                   3,213        

      (2)  If the offense is committed in any of the following     3,215        

circumstances, assault is a felony of the fifth degree:            3,216        

      (a)  The offense occurs in or on the grounds of a state      3,218        

correctional institution or an institution of the department of    3,219        

youth services, the victim of the offense is an employee of the    3,220        

department of rehabilitation and correction, the department of     3,221        

youth services, or a probation department or is on the premises    3,222        

of the particular institution for business purposes or as a        3,223        

visitor, and the offense is committed by a person incarcerated in  3,224        

the state correctional institution, BY a person institutionalized  3,225        

in the department of youth services institution pursuant to a      3,226        

commitment to the department of youth services, or BY a            3,227        

probationer, furloughee, or parolee, BY AN OFFENDER UNDER          3,229        

TRANSITIONAL CONTROL, UNDER A COMMUNITY CONTROL SANCTION, OR ON    3,231        

AN ESCORTED VISIT, BY A PERSON UNDER POST-RELEASE CONTROL, OR BY   3,233        

AN OFFENDER UNDER ANY OTHER TYPE OF SUPERVISION BY A GOVERNMENT    3,234        

AGENCY;                                                                         

                                                          83     

                                                                 
      (b)  The offense occurs in or on the grounds of a local      3,236        

correctional facility, the victim of the offense is an employee    3,237        

of the local correctional facility or a probation department or    3,238        

is on the premises of the facility for business purposes or as a   3,239        

visitor, and the offense is committed by a person who is under     3,240        

custody in the facility subsequent to the person's arrest for any  3,241        

crime or delinquent act, subsequent to the person's being charged  3,243        

with or convicted of any crime, or subsequent to the person's      3,245        

being alleged to be or adjudicated a delinquent child.             3,246        

      (c)  The offense occurs off the grounds of a state           3,248        

correctional institution and off the grounds of an institution of  3,249        

the department of youth services, the victim of the offense is an  3,250        

employee of the department of rehabilitation and correction, the   3,251        

department of youth services, or a probation department, the       3,252        

offense occurs during the employee's official work hours and       3,253        

while the employee is engaged in official work responsibilities,   3,254        

and the offense is committed by a person incarcerated in a state   3,256        

correctional institution or institutionalized in the department    3,257        

of youth services who temporarily is outside of the institution    3,258        

for any purpose or, by a probationer, OR parolee, or furloughee    3,260        

BY AN OFFENDER UNDER TRANSITIONAL CONTROL, UNDER A COMMUNITY       3,261        

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

POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY OTHER TYPE OF    3,262        

SUPERVISION BY A GOVERNMENT AGENCY.                                3,263        

      (d)  The offense occurs off the grounds of a local           3,265        

correctional facility, the victim of the offense is an employee    3,266        

of the local correctional facility or a probation department, the  3,267        

offense occurs during the employee's official work hours and       3,268        

while the employee is engaged in official work responsibilities,   3,269        

and the offense is committed by a person who is under custody in   3,270        

the facility subsequent to the person's arrest for any crime or    3,271        

delinquent act, subsequent to the person being charged with or     3,272        

convicted of any crime, or subsequent to the person being alleged  3,273        

to be or adjudicated a delinquent child and who temporarily is     3,275        

                                                          84     

                                                                 
outside of the facility for any purpose or by a probationer, OR    3,276        

parolee, or furloughee BY AN OFFENDER UNDER TRANSITIONAL CONTROL,  3,277        

UNDER A COMMUNITY CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A  3,278        

PERSON UNDER POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY     3,279        

OTHER TYPE OF SUPERVISION BY A GOVERNMENT AGENCY.                  3,280        

      (3)  If the victim of the offense is a peace officer, a      3,282        

fire fighter, or a person performing emergency medical service,    3,283        

while in the performance of their official duties, assault is a    3,284        

felony of the fourth degree.                                       3,285        

      (4)  As used in this section:                                3,287        

      (a)  "Peace officer" has the same meaning as in section      3,289        

2935.01 of the Revised Code.                                       3,290        

      (b)  "Fire fighter" has the same meaning as in section       3,292        

3937.41 of the Revised Code.                                       3,293        

      (c)  "Emergency medical service" has the same meaning as in  3,295        

section 4765.01 of the Revised Code.                               3,296        

      (d)  "Local correctional facility" means any county,         3,298        

multicounty, municipal, municipal-county, or                       3,299        

multicounty-municipal jail or workhouse, any minimum security      3,300        

jail established under section 341.23 or 753.21 of the Revised     3,302        

Code, or any other county, multicounty, municipal,                              

municipal-county, or multicounty-municipal facility used for the   3,303        

custody of persons arrested for any crime or delinquent act,       3,304        

persons charged with or convicted of any crime, or persons         3,305        

alleged to be or adjudicated a delinquent child.                   3,306        

      (e)  "Employee of a local correctional facility" means any   3,308        

person who is an employee of the political subdivision or of one   3,309        

or more of the affiliated political subdivisions that operates     3,310        

the local correctional facility and who operates or assists in     3,311        

the operation of the facility.                                     3,312        

      (f)  "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS    3,314        

IN SECTION 2929.01 OF THE REVISED CODE.                            3,315        

      (g)  "ESCORTED VISIT" MEANS AN ESCORTED VISIT GRANTED UNDER  3,317        

SECTION 2967.27 OF THE REVISED CODE.                               3,318        

                                                          85     

                                                                 
      (h)  "POST-RELEASE CONTROL" AND "TRANSITIONAL CONTROL" HAVE  3,320        

THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE.       3,321        

      Sec. 2921.36.  (A)  No person shall knowingly convey, or     3,330        

attempt to convey, onto the grounds of a detention facility or of  3,331        

an institution that is under the control of the department of      3,332        

mental health or the department of mental retardation and          3,333        

developmental disabilities, any of the following items:            3,334        

      (1)  Any deadly weapon or dangerous ordnance, as defined in  3,336        

section 2923.11 of the Revised Code, or any part of or ammunition  3,337        

for use in such a deadly weapon or dangerous ordnance;             3,338        

      (2)  Any drug of abuse, as defined in section 3719.011 of    3,340        

the Revised Code;                                                  3,341        

      (3)  Any intoxicating liquor, as defined in section 4301.01  3,343        

of the Revised Code.                                               3,344        

      (B)  Division (A) of this section does not apply to any      3,346        

person who conveys or attempts to convey an item onto the grounds  3,347        

of a detention facility or of an institution under the control of  3,348        

the department of mental health or the department of mental        3,349        

retardation and developmental disabilities pursuant to the         3,350        

written authorization of the person in charge of the detention     3,351        

facility or the institution and in accordance with the written     3,352        

rules of the detention facility or the institution.                3,353        

      (C)  No person shall knowingly deliver, or attempt to        3,355        

deliver, to any person who is confined in a detention facility or  3,356        

to any patient in an institution under the control of the          3,357        

department of mental health or the department of mental            3,358        

retardation and developmental disabilities, any item listed in     3,359        

division (A)(1), (2), or (3) of this section.                      3,360        

      (D)  No person shall knowingly deliver, or attempt to        3,362        

deliver, cash to any person who is confined in a detention         3,363        

facility.                                                                       

      (E)(1)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER       3,365        

DIVISION (A)(1) OF THIS SECTION THAT THE WEAPON OR DANGEROUS       3,367        

ORDNANCE IN QUESTION WAS BEING TRANSPORTED IN A MOTOR VEHICLE FOR  3,368        

                                                          86     

                                                                 
ANY LAWFUL PURPOSE, THAT IT WAS NOT ON THE ACTOR'S PERSON, AND,                 

IF THE WEAPON OR DANGEROUS ORDNANCE IN QUESTION WAS A FIREARM,     3,369        

THAT IT WAS UNLOADED AND WAS BEING CARRIED IN A CLOSED PACKAGE,    3,370        

BOX, OR CASE OR IN A COMPARTMENT THAT CAN BE REACHED ONLY BY       3,371        

LEAVING THE VEHICLE.                                                            

      (2)  It is an affirmative defense to a charge under          3,373        

division (C) of this section that the actor was not otherwise      3,374        

prohibited by law from delivering the item to the confined person  3,375        

or the patient and that either of the following applies:           3,376        

      (1)(a)  The actor was permitted by the written rules of the  3,378        

detention facility or the institution to deliver the item to the   3,379        

confined person or the patient.                                    3,380        

      (2)(b)  The actor was given written authorization by the     3,382        

person in charge of the detention facility or the institution to   3,383        

deliver the item to the confined person or the patient.            3,384        

      (F)(1)  Whoever violates division (A)(1) of this section or  3,386        

commits a violation of division (C) of this section involving an   3,387        

item listed in division (A)(1) of this section is guilty of        3,388        

illegal conveyance of weapons onto the grounds of a detention      3,389        

facility or a mental health or mental retardation and              3,390        

developmental disabilities institution, a felony of the fourth     3,392        

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

DEPARTMENT OF REHABILITATION AND CORRECTION, THE COURT SHALL       3,393        

IMPOSE A MANDATORY PRISON TERM.                                    3,394        

      (2)  Whoever violates division (A)(2) of this section or     3,396        

commits a violation of division (C) of this section involving any  3,397        

drug of abuse is guilty of illegal conveyance of drugs of abuse    3,398        

onto the grounds of a detention facility or a mental health or     3,399        

mental retardation and developmental disabilities institution, a   3,400        

felony of the fourth degree if the offender is an officer or       3,402        

employee of the facility or institution or a felony of the fifth   3,403        

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

THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF        3,404        

REHABILITATION AND CORRECTION, THE COURT SHALL IMPOSE A MANDATORY  3,405        

                                                          87     

                                                                 
PRISON TERM.                                                                    

      (3)  Whoever violates division (A)(3) of this section or     3,407        

commits a violation of division (C) of this section involving any  3,408        

intoxicating liquor is guilty of illegal conveyance of             3,409        

intoxicating liquor onto the grounds of a detention facility or a  3,410        

mental health or mental retardation and developmental              3,411        

disabilities institution, a misdemeanor of the second degree.      3,412        

      (4)  Whoever violates division (D) of this section is        3,414        

guilty of illegal conveyance of cash onto the grounds of a         3,415        

detention facility, a misdemeanor of the first degree.  If the     3,416        

offender previously has been convicted of or pleaded guilty to a   3,417        

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

cash onto the grounds of a detention facility is a felony of the   3,418        

fifth degree.                                                      3,419        

      Sec. 2929.01.  As used in this chapter:                      3,434        

      (A)(1)  "Alternative residential facility" means, SUBJECT    3,437        

TO DIVISION (A)(2) OF THIS SECTION, any facility other than an     3,438        

offender's home or residence in which an offender is assigned to   3,439        

live and that SATISFIES ALL OF THE FOLLOWING CRITERIA:             3,440        

      (a)  IT provides programs through which the offender may     3,443        

seek or maintain employment or may receive education, training,    3,444        

treatment, or habilitation.  "Alternative                          3,445        

      (b)  IT HAS RECEIVED THE APPROPRIATE LICENSE OR CERTIFICATE  3,448        

FOR ANY SPECIALIZED EDUCATION, TRAINING, TREATMENT, HABILITATION,  3,449        

OR OTHER SERVICE THAT IT PROVIDES FROM THE GOVERNMENT AGENCY THAT  3,450        

IS RESPONSIBLE FOR LICENSING OR CERTIFYING THAT TYPE OF            3,451        

EDUCATION, TRAINING, TREATMENT, HABILITATION, OR SERVICE.          3,452        

      (2)  "ALTERNATIVE residential facility" does not include a   3,456        

community-based correctional facility, jail, halfway house, or     3,457        

prison.                                                                         

      (B)  "Bad time" means the time by which the parole board     3,459        

administratively extends an offender's stated prison term or       3,460        

terms pursuant to section 2967.11 of the Revised Code because the  3,461        

parole board finds by clear and convincing evidence that the       3,462        

                                                          88     

                                                                 
offender, while serving the prison term or terms, committed an     3,463        

act that is a criminal offense under the law of this state or the  3,464        

United States, whether or not the offender is prosecuted for the   3,466        

commission of that act.                                                         

      (C)  "Basic supervision" means a requirement that the        3,469        

offender maintain contact with a person appointed to supervise     3,471        

the offender in accordance with sanctions imposed by the court or  3,472        

imposed by the parole board pursuant to section 2967.28 of the     3,473        

Revised Code.                                                                   

      (D)  "Cocaine," "crack cocaine," "hashish," "L.S.D.," and    3,475        

"unit dose" have the same meanings as in section 2925.01 of the    3,476        

Revised Code.                                                                   

      (E)  "Community-based correctional facility" means a         3,479        

community-based correctional facility and program or district      3,480        

community-based correctional facility and program developed        3,481        

pursuant to sections 2301.51 to 2301.56 of the Revised Code.       3,482        

      (F)  "Community control sanction" means a sanction that is   3,485        

not a prison term and that is described in section 2929.15,        3,486        

2929.16, 2929.17, or 2929.18 of the Revised Code.                  3,487        

      (G)  "Criminally injurious conduct" means any conduct of     3,490        

the type that is described in division (C)(1) or (2) of section    3,491        

2743.51 of the Revised Code and that occurs on or after July 1,    3,492        

1996.                                                                           

      (H)  "Controlled substance," "marihuana," "schedule I," and  3,495        

"schedule II" have the same meanings as in section 3719.01 of the  3,497        

Revised Code.                                                                   

      (I)  "Curfew" means a requirement that an offender during a  3,500        

specified period of time be at a designated place.                 3,501        

      (J)  "Day reporting" means a sanction pursuant to which an   3,504        

offender is required each day to report to and leave a center or   3,505        

other approved reporting location at specified times in order to   3,506        

participate in work, education or training, treatment, and other   3,507        

approved programs at the center or outside the center.             3,508        

      (K)  "Deadly weapon" has the same meaning as in section      3,511        

                                                          89     

                                                                 
2923.11 of the Revised Code.                                       3,512        

      (L)  "Drug and alcohol use monitoring" means a program       3,515        

under which an offender agrees to submit to random chemical        3,516        

analysis of the offender's blood, breath, or urine to determine    3,517        

whether the offender has ingested any alcohol or other drugs.      3,518        

      (M)  "Drug treatment program" means any program under which  3,521        

a person undergoes assessment and treatment designed to reduce or  3,523        

completely eliminate the person's physical or emotional reliance                

upon alcohol, another drug, or alcohol and another drug and under  3,524        

which the person may be required to receive assessment and         3,526        

treatment on an outpatient basis or may be required to reside at   3,527        

a facility other than the person's home or residence while                      

undergoing assessment and treatment.                               3,528        

      (N)  "Economic loss" means any economic detriment suffered   3,531        

by a victim as a result of criminally injurious conduct and        3,532        

includes any loss of income due to lost time at work because of    3,533        

any injury caused to the victim, and any property loss, medical    3,534        

cost, or funeral expense incurred as a result of the criminally    3,535        

injurious conduct.                                                              

      (O)  "Education or training" includes study at, or in        3,538        

conjunction with a program offered by, a university, college, or   3,539        

technical college or vocational study and also includes the        3,540        

completion of primary school, secondary school, and literacy       3,541        

curriculums or their equivalent.                                                

      (P)  "Electronically monitored house arrest" has the same    3,544        

meaning as in section 2929.23 of the Revised Code.                 3,545        

      (Q)  "Eligible offender" has the same meaning as in section  3,548        

2929.23 of the Revised Code except as otherwise specified in       3,549        

section 2929.20 of the Revised Code.                               3,550        

      (R)  "Firearm" has the same meaning as in section 2923.11    3,553        

of the Revised Code.                                                            

      (S)  "Halfway house" means a facility licensed by the        3,556        

division of parole and community services of the department of                  

rehabilitation and correction pursuant to section 2967.14 of the   3,558        

                                                          90     

                                                                 
Revised Code as a suitable facility for the care and treatment of  3,559        

adult offenders.                                                                

      (T)  "House arrest" means a period of confinement of an      3,561        

eligible offender that is in the eligible offender's home or in    3,562        

other premises specified by the sentencing court or by the parole  3,563        

board pursuant to section 2967.28 of the Revised Code, that may    3,564        

be electronically monitored house arrest, and during which all of  3,565        

the following apply:                                               3,566        

      (1)  The eligible offender is required to remain in the      3,568        

eligible offender's home or other specified premises for the       3,570        

specified period of confinement, except for periods of time        3,571        

during which the eligible offender is at the eligible offender's   3,572        

place of employment or at other premises as authorized by the      3,574        

sentencing court or by the parole board.                                        

      (2)  The eligible offender is required to report             3,577        

periodically to a person designated by the court or parole board.  3,578        

      (3)  The eligible offender is subject to any other           3,580        

restrictions and requirements that may be imposed by the           3,581        

sentencing court or by the parole board.                           3,582        

      (U)  "Intensive supervision" means a requirement that an     3,586        

offender maintain frequent contact with a person appointed by the  3,587        

court, or by the parole board pursuant to section 2967.28 of the   3,588        

Revised Code, to supervise the offender while the offender is      3,589        

seeking or maintaining necessary employment and participating in   3,590        

training, education, and treatment programs as required in the     3,591        

court's or parole board's order.                                                

      (V)  "Jail" means a jail, workhouse, minimum security jail,  3,594        

or other residential facility used for the confinement of alleged  3,595        

or convicted offenders that is operated by a political             3,596        

subdivision or a combination of political subdivisions of this     3,597        

state.                                                                          

      (W)  "Delinquent child" has the same meaning as in section   3,599        

2151.02 of the Revised Code.                                       3,600        

      (X)  "License violation report" means a report that is made  3,603        

                                                          91     

                                                                 
by a sentencing court, or by the parole board pursuant to section  3,604        

2967.28 of the Revised Code, to the regulatory or licensing board  3,606        

or agency that issued an offender a professional license or a      3,607        

license or permit to do business in this state and that specifies  3,608        

that the offender has been convicted of or pleaded guilty to an    3,609        

offense that may violate the conditions under which the            3,610        

offender's professional license or license or permit to do         3,611        

business in this state was granted or an offense for which the     3,612        

offender's professional license or license or permit to do                      

business in this state may be revoked or suspended.                3,613        

      (Y)  "Major drug offender" means an offender who is          3,616        

convicted of or pleads guilty to the possession of, sale of, or    3,617        

offer to sell any drug, compound, mixture, preparation, or         3,618        

substance that consists of or contains at least one thousand       3,619        

grams of hashish; at least one hundred grams of crack cocaine; at  3,620        

least one thousand grams of cocaine that is not crack cocaine; at  3,621        

least two hundred fifty grams of heroin; at least five thousand    3,622        

unit doses of L.S.D.; or at least one hundred times the amount of  3,624        

any other schedule I or II controlled substance other than         3,625        

marihuana that is necessary to commit a felony of the third        3,626        

degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or  3,627        

2925.11 of the Revised Code that is based on the possession of,    3,628        

sale of, or offer to sell the controlled substance.                3,629        

      (Z)  "Mandatory prison term" means either ANY of the         3,631        

following:                                                                      

      (1)  Subject to division (CC)(Z)(2) of this section, the     3,634        

term in prison that must be imposed for the offenses or            3,635        

circumstances set forth in divisions (F)(1) to (8) OR (F)(10) of   3,637        

section 2929.13 and division (D) of section 2929.14 of the         3,638        

Revised Code.  Except as provided in sections 2925.02, 2925.03,    3,640        

2925.04, 2925.05, and 2925.11 of the Revised Code, unless the      3,641        

maximum or another specific term is required under section         3,642        

2929.14 of the Revised Code, a mandatory prison term described in  3,643        

this division may be any prison term authorized for the level of   3,644        

                                                          92     

                                                                 
offense.                                                                        

      (2)  The term of sixty days in prison that a sentencing      3,647        

court is required to impose for a fourth degree felony OMVI        3,648        

offense pursuant to division (G)(2) of section 2929.13 and         3,649        

division (A)(4) of section 4511.99 of the Revised Code.            3,650        

      (2)(3)  The term in prison imposed pursuant to section       3,652        

2971.03 of the Revised Code FOR THE OFFENSES AND IN THE            3,653        

CIRCUMSTANCES DESCRIBED IN DIVISION (F)(9) OF SECTION 2929.13 OF   3,654        

THE REVISED CODE and that term as modified or terminated pursuant  3,655        

to section 2971.05 of the Revised Code.                            3,656        

      (AA)  "Monitored time" means a period of time during which   3,659        

an offender continues to be under the control of the sentencing    3,660        

court or parole board, subject to no conditions other than         3,661        

leading a law abiding life.                                                     

      (BB)  "Offender" means a person who, in this state, is       3,664        

convicted of or pleads guilty to a felony or a misdemeanor.        3,665        

      (CC)  "Prison" means a residential facility used for the     3,668        

confinement of convicted felony offenders that is under the        3,669        

control of the department of rehabilitation and correction BUT     3,670        

DOES NOT INCLUDE A VIOLATION SANCTION CENTER OPERATED UNDER                     

AUTHORITY OF SECTION 2967.141 OF THE REVISED CODE.                 3,671        

      (DD)  "Prison term" includes any of the following sanctions  3,674        

for an offender:                                                                

      (1)  A stated prison term;                                   3,676        

      (2)  A term in a prison shortened by, or with the approval   3,679        

of, the sentencing court pursuant to section 2929.20, 2967.26,     3,680        

2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code;      3,681        

      (3)  A term in prison extended by bad time imposed pursuant  3,684        

to section 2967.11 of the Revised Code or imposed for a violation  3,685        

of post-release control pursuant to section 2967.28 of the         3,686        

Revised Code.                                                                   

      (EE)  "Repeat violent offender" means a person about whom    3,689        

both of the following apply:                                                    

      (1)  The person has been convicted of or has pleaded guilty  3,692        

                                                          93     

                                                                 
to, and is being sentenced for committing, for complicity in       3,693        

committing, or for an attempt to commit, aggravated murder,                     

murder, involuntary manslaughter, a felony of the first degree     3,694        

other than one set forth in Chapter 2925. of the Revised Code, a   3,698        

felony of the first degree set forth in Chapter 2925. of the       3,700        

Revised Code that involved an attempt to cause serious physical    3,702        

harm to a person or that resulted in serious physical harm to a    3,703        

person, or a felony of the second degree that involved an attempt  3,704        

to cause serious physical harm to a person or that resulted in     3,706        

serious physical harm to a person.                                              

      (2)  Either of the following applies:                        3,708        

      (a)  The person previously was convicted of or pleaded       3,710        

guilty to, and served a prison term for, any of the following:     3,711        

      (i)  Aggravated murder, murder, involuntary manslaughter,    3,713        

rape, felonious sexual penetration in violation of former section  3,714        

2907.12 of the Revised Code AS IT EXISTED PRIOR TO SEPTEMBER 3,    3,716        

1996, a felony of the first or second degree that resulted in the  3,717        

death of a person or in physical harm to a person, or complicity   3,718        

in or an attempt to commit any of those offenses;                  3,719        

      (ii)  An offense under an existing or former law of this     3,722        

state, another state, or the United States that is or was          3,724        

substantially equivalent to an offense listed under division       3,725        

(EE)(2)(a)(i) of this section.                                     3,727        

      (b)  The person previously was adjudicated a delinquent      3,729        

child for committing an act that if committed by an adult would    3,730        

have been an offense listed in division (EE)(2)(a)(i) or (ii) of   3,732        

this section, the person was committed to the department of youth  3,733        

services for that delinquent act, and the juvenile court in which  3,734        

the person was adjudicated a delinquent child made a specific      3,735        

finding that the adjudication should be considered a conviction    3,737        

for purposes of a determination in the future pursuant to this                  

chapter as to whether the person is a repeat violent offender.     3,738        

      (FF)  "Sanction" means any penalty imposed upon an offender  3,741        

who is convicted of or pleads guilty to an offense, as punishment  3,742        

                                                          94     

                                                                 
for the offense.  "Sanction" includes any sanction imposed         3,743        

pursuant to any provision of sections 2929.14 to 2929.18 of the    3,744        

Revised Code.                                                                   

      (GG)  "Sentence" means the sanction or combination of        3,747        

sanctions imposed by the sentencing court on an offender who is    3,748        

convicted of or pleads guilty to a felony.                                      

      (HH)  "Stated prison term" means the prison term, mandatory  3,751        

prison term, or combination of all prison terms and mandatory      3,752        

prison terms imposed by the sentencing court pursuant to section   3,753        

2929.14 or 2971.03 of the Revised Code.  "Stated prison term"      3,754        

includes any credit received by the offender for time spent in     3,755        

jail awaiting trial, sentencing, or transfer to prison for the     3,756        

offense, AND any time spent under house arrest or electronically   3,757        

monitored house arrest imposed after earning credits pursuant to   3,758        

section 2967.193 of the Revised Code.                              3,759        

      (II)  "Victim-offender mediation" means a reconciliation or  3,762        

mediation program that involves an offender and the victim of the  3,763        

offense committed by the offender and that includes a meeting in   3,764        

which the offender and the victim may discuss the offense,         3,765        

discuss restitution, and consider other sanctions for the          3,766        

offense.                                                                        

      (OO)(JJ)  "Fourth degree felony OMVI offense" means a        3,769        

violation of division (A) of section 4511.19 of the Revised Code   3,771        

that, under section 4511.99 of the Revised Code, is a felony of    3,773        

the fourth degree.                                                              

      (PP)(KK)  "Mandatory term of local incarceration" means the  3,776        

term of sixty days in a jail, a community-based correctional       3,777        

facility, a halfway house, or an alternative residential facility  3,778        

that a sentencing court is required to impose upon a person who    3,779        

is convicted of or pleads guilty to a fourth degree felony OMVI    3,780        

offense pursuant to division (G)(1) of section 2929.13 of the      3,781        

Revised Code and division (A)(4) of section 4511.99 of the                      

Revised Code.                                                      3,782        

      (OO)(LL)  "Designated homicide, assault, or kidnapping       3,784        

                                                          95     

                                                                 
offense," "sexual motivation specification," "sexually violent     3,785        

offense," "sexually violent predator," and "sexually violent       3,786        

predator specification" have the same meanings as in section       3,787        

2971.01 of the Revised Code.                                                    

      (PP)(MM)  "Habitual sex offender," "sexually oriented        3,789        

offense," and "sexual predator" have the same meanings as in       3,790        

section 2950.01 of the Revised Code.                               3,791        

      Sec. 2929.13.  (A)  Except as provided in division (E),      3,806        

(F), or (G) of this section and unless a specific sanction is      3,807        

required to be imposed or is precluded from being imposed          3,808        

pursuant to law, a court that imposes a sentence upon an offender  3,809        

for a felony may impose any sanction or combination of sanctions   3,810        

on the offender that are provided in sections 2929.14 to 2929.18   3,811        

of the Revised Code.  The sentence shall not impose an             3,812        

unnecessary burden on state or local government resources.         3,813        

      If the offender is eligible to be sentenced to community     3,815        

control sanctions, the court shall consider the appropriateness    3,817        

of imposing a financial sanction pursuant to section 2929.18 of    3,818        

the Revised Code or a sanction of community service pursuant to    3,820        

section 2929.17 of the Revised Code as the sole sanction for the   3,821        

offense.  Except as otherwise provided in this division, if the    3,822        

court is required to impose a mandatory prison term for the        3,823        

offense for which sentence is being imposed, the court also may    3,824        

impose a financial sanction pursuant to section 2929.18 of the     3,825        

Revised Code but may not impose any additional sanction or         3,826        

combination of sanctions under section 2929.16 or 2929.17 of the   3,827        

Revised Code.                                                      3,828        

      If the offender is being sentenced for a fourth degree       3,830        

felony OMVI offense, in addition to the mandatory term of local    3,831        

incarceration or the mandatory prison term required for the        3,833        

offense by division (G)(1) or (2) of this section, the court       3,835        

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    3,838        

may impose whichever of the following is applicable:                            

                                                          96     

                                                                 
      (1)  If division (G)(1) of this section requires that the    3,840        

offender be sentenced to a mandatory term of local incarceration,  3,841        

an additional community control sanction or combination of         3,843        

community control sanctions under section 2929.16 or 2929.17 of    3,844        

the Revised Code;                                                  3,845        

      (2)  If division (G)(2) of this section requires that the    3,847        

offender be sentenced to a mandatory prison term, an additional    3,848        

prison term as described in division (D)(4) of section 2929.14 of  3,849        

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  3,852        

(G) of this section, in sentencing an offender for a felony of     3,853        

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                3,855        

      (a)  In committing the offense, the offender caused          3,857        

physical harm to a person.                                         3,858        

      (b)  In committing the offense, the offender attempted to    3,861        

cause or made an actual threat of physical harm to a person with   3,862        

a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    3,865        

cause or made an actual threat of physical harm to a person, and   3,866        

the offender previously was convicted of an offense that caused    3,867        

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  3,870        

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    3,871        

or to bring those committing it to justice; or the offender's      3,872        

professional reputation or position facilitated the offense or     3,873        

was likely to influence the future conduct of others.              3,874        

      (e)  The offender committed the offense for hire or as part  3,876        

of an organized criminal activity.                                 3,877        

      (f)  The offense is a sex offense that is a fourth or fifth  3,880        

degree felony violation of section 2907.03, 2907.04, 2907.05,      3,881        

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  3,882        

Revised Code.                                                                   

                                                          97     

                                                                 
      (g)  The offender previously served a prison term.           3,884        

      (h)  The offender previously was subject to a community      3,886        

control sanction, and the offender committed another offense       3,888        

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   3,891        

(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section   3,892        

and if the court, after considering the factors set forth in       3,893        

section 2929.12 of the Revised Code, finds that a prison term is   3,895        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    3,897        

offender is not amenable to an available community control         3,898        

sanction, the court shall impose a prison term upon the offender.  3,899        

      (b)  Except as provided in division (E), (F), or (G) of      3,901        

this section, if the court does not make a finding described in    3,903        

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   3,904        

section and if the court, after considering the factors set forth  3,905        

in section 2929.12 of the Revised Code, finds that a community     3,907        

control sanction or combination of community control sanctions is  3,909        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      3,912        

impose a community control sanction or combination of community    3,913        

control sanctions upon the offender.                               3,914        

      (C)  Except as provided in division (E) or (F) of this       3,917        

section, in determining whether to impose a prison term as a       3,918        

sanction for a felony of the third degree or a felony drug         3,919        

offense that is a violation of a provision of Chapter 2925. of     3,921        

the Revised Code and that is specified as being subject to this    3,924        

division for purposes of sentencing, the sentencing court shall    3,925        

comply with the purposes and principles of sentencing under        3,926        

section 2929.11 of the Revised Code and with section 2929.12 of    3,929        

the Revised Code.                                                               

      (D)  Except as provided in division (E) or (F) of this       3,932        

section, for a felony of the first or second degree and for a      3,933        

felony drug offense that is a violation of any provision of        3,934        

                                                          98     

                                                                 
Chapter 2925., 3719., or 4729. of the Revised Code for which a     3,935        

presumption in favor of a prison term is specified as being        3,936        

applicable, it is presumed that a prison term is necessary in      3,937        

order to comply with the purposes and principles of sentencing     3,938        

under section 2929.11 of the Revised Code.  Notwithstanding the    3,939        

presumption established under this division, the sentencing court  3,940        

may impose a community control sanction or a combination of        3,941        

community control sanctions instead of a prison term on an         3,942        

offender for a felony of the first or second degree or for a       3,943        

felony drug offense that is a violation of any provision of        3,944        

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        3,945        

applicable if it makes both of the following findings:             3,947        

      (1)  A community control sanction or a combination of        3,949        

community control sanctions would adequately punish the offender   3,951        

and protect the public from future crime, because the applicable   3,952        

factors under section 2929.12 of the Revised Code indicating a     3,954        

lesser likelihood of recidivism outweigh the applicable factors    3,956        

under that section indicating a greater likelihood of recidivism.  3,958        

      (2)  A community control sanction or a combination of        3,960        

community control sanctions would not demean the seriousness of    3,962        

the offense, because one or more factors under section 2929.12 of  3,963        

the Revised Code that indicate that the offender's conduct was     3,964        

less serious than conduct normally constituting the offense are    3,965        

applicable, and they outweigh the applicable factors under that    3,966        

section that indicate that the offender's conduct was more         3,967        

serious than conduct normally constituting the offense.            3,968        

      (E)(1)  Except as provided in division (F) of this section,  3,971        

for any drug offense that is a violation of any provision of       3,972        

Chapter 2925. of the Revised Code and that is a felony of the      3,973        

third, fourth, or fifth degree, the applicability of a             3,974        

presumption under division (D) of this section in favor of a       3,975        

prison term or of division (B) or (C) of this section in           3,976        

determining whether to impose a prison term for the offense shall  3,978        

                                                          99     

                                                                 
be determined as specified in section 2925.02, 2925.03, 2925.04,   3,979        

2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or  3,980        

2925.37 of the Revised Code, whichever is applicable regarding     3,982        

the violation.                                                                  

      (2)  If an offender who was convicted of or pleaded guilty   3,984        

to a felony drug offense in violation of a provision of Chapter    3,985        

2925., 3719., or 4729. of the Revised Code violates the            3,986        

conditions of a community control sanction imposed for the         3,987        

offense solely by possession or using a controlled substance and   3,988        

if the offender has not failed to meet the conditions of any drug  3,989        

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           3,990        

punishment for the violation of the sanction, shall order that     3,991        

the offender participate in a drug treatment program or in         3,992        

alcoholics anonymous, narcotics anonymous, or a similar program    3,993        

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      3,994        

forth in section 2929.11 of the Revised Code.  If the court        3,995        

determines that an order of that nature would not be consistent    3,996        

with those purposes and principles or if the offender violated     3,997        

the conditions of a drug treatment program in which the offender   3,998        

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     3,999        

sanction, including a prison term.                                 4,000        

      (F)  Notwithstanding divisions (A) to (E) of this section,   4,003        

the court shall impose a prison term or terms under sections       4,004        

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     4,005        

Revised Code and except as specifically provided in section        4,006        

2929.20 of the Revised Code or when parole is authorized for the   4,007        

offense under section 2967.13 of the Revised Code, shall not       4,008        

reduce the terms pursuant to section 2929.20, section 2967.193,    4,009        

or any other provision of Chapter 2967. or Chapter 5120. of the    4,011        

Revised Code for any of the following offenses:                    4,012        

      (1)  Aggravated murder when death is not imposed or murder;  4,014        

                                                          100    

                                                                 
      (2)  Rape or an attempt to commit rape by force when the     4,016        

victim is under thirteen years of age;                             4,017        

      (3)  Gross sexual imposition or sexual battery, if the       4,019        

victim is under thirteen years of age, if the offender previously  4,021        

was convicted of or pleaded guilty to rape, felonious sexual       4,022        

penetration, gross sexual imposition, or sexual battery, and if    4,024        

the victim of the previous offense was under thirteen years of                  

age;                                                                            

      (4)  A felony violation of section 2903.06, 2903.07, or      4,027        

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       4,028        

      (5)  A first, second, or third degree felony drug offense    4,031        

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  4,032        

4729.99 of the Revised Code, whichever is applicable regarding     4,034        

the violation, requires the imposition of a mandatory prison       4,035        

term;                                                                           

      (6)  Any offense that is a first or second degree felony     4,037        

and that is not set forth in division (F)(1), (2), (3), or (4) of  4,039        

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   4,041        

degree felony, or an offense under an existing or former law of    4,042        

this state, another state, or the United States that is or was     4,043        

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  4,045        

of the Revised Code, that is a felony, if the offender had a       4,046        

firearm on or about the offender's person or under the offender's  4,047        

control while committing the felony, with respect to a portion of  4,048        

the sentence imposed pursuant to division (D)(1)(a) of section     4,050        

2929.14 of the Revised Code for having the firearm;                             

      (8)  Corrupt activity in violation of section 2923.32 of     4,052        

the Revised Code when the most serious offense in the pattern of   4,054        

corrupt activity that is the basis of the offense is a felony of   4,055        

the first degree;                                                               

                                                          101    

                                                                 
      (9)  Any sexually violent offense for which the offender     4,057        

also is convicted of or pleads guilty to a sexually violent        4,058        

predator specification that was included in the indictment, count  4,059        

in the indictment, or information charging the sexually violent    4,060        

offense;                                                                        

      (10)  A VIOLATION OF DIVISION (A)(1) OR (2) OF SECTION       4,062        

2921.36 OF THE REVISED CODE, OR A VIOLATION OF DIVISION (C) OF     4,063        

THAT SECTION INVOLVING AN ITEM LISTED IN DIVISION (A)(1) OR (2)    4,064        

OF THAT SECTION, IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE  4,065        

DEPARTMENT OF REHABILITATION AND CORRECTION.                       4,066        

      (G)  Notwithstanding divisions (A) to (E) of this section,   4,069        

if an offender is being sentenced for a fourth degree felony OMVI  4,070        

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          4,071        

accordance with the following:                                     4,072        

      (1)  Except as provided in division (G)(2) of this section,  4,074        

the court shall impose upon the offender a mandatory term of       4,075        

local incarceration of sixty days as specified in division (A)(4)  4,076        

of section 4511.99 of the Revised Code and shall not reduce the    4,077        

term pursuant to section 2929.20, 2967.193, or any other           4,078        

provision of the Revised Code.  The court that imposes a           4,079        

mandatory term of local incarceration under this division shall    4,081        

specify whether the term is to be served in a jail, a              4,082        

community-based correctional facility, a halfway house, or an      4,083        

alternative residential facility, and the offender shall serve     4,084        

the term in the type of facility specified by the court.  The      4,085        

court shall not sentence the offender to a prison term and shall   4,086        

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          4,087        

incarceration imposed under division (G)(1) of this section is     4,088        

not subject to extension under section 2967.11 of the Revised      4,089        

Code, to a period of post-release control under section 2967.28    4,090        

of the Revised Code, or to any other Revised Code provision that   4,091        

pertains to a prison term.                                                      

                                                          102    

                                                                 
      (2)  If the offender previously has been sentenced to a      4,093        

mandatory term of local incarceration pursuant to division (G)(1)  4,094        

of this section for a fourth degree felony OMVI offense, the       4,095        

court shall impose upon the offender a mandatory prison term of    4,096        

sixty days as specified in division (A)(4) of section 4511.99 of   4,097        

the Revised Code and shall not reduce the term pursuant to         4,098        

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    4,099        

to a mandatory term of local incarceration pursuant to division    4,100        

(G)(1) of this section for a fourth degree felony OMVI offense be  4,101        

sentenced to another mandatory term of local incarceration under   4,102        

that division for a fourth degree felony OMVI offense.  The court  4,103        

shall not sentence the offender to a community control sanction    4,104        

under section 2929.16 or 2929.17 of the Revised Code.  The         4,105        

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     4,106        

intensive program prison established pursuant to section 5120.033  4,107        

of the Revised Code if the department gave the sentencing judge    4,108        

prior notice of its intent to place the offender in an intensive   4,109        

program prison established under that section and if the judge     4,110        

did not notify the department that the judge disapproved the       4,111        

placement.                                                                      

      (G)(H)  If an offender is being sentenced for a sexually     4,114        

oriented offense committed on or after the effective date of this  4,115        

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   4,116        

the Revised Code if either of the following applies:               4,118        

      (1)  The offense was a sexually violent offense, and the     4,120        

offender also was convicted of or pleaded guilty to a sexually     4,121        

violent predator specification that was included in the            4,122        

indictment, count in the indictment, or information charging the   4,123        

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   4,125        

offense determines pursuant to division (B) of section 2950.09 of  4,126        

                                                          103    

                                                                 
the Revised Code that the offender is a sexual predator.           4,127        

      (H)(I)  If an offender is being sentenced for a sexually     4,130        

oriented offense committed on or after the effective date of this  4,131        

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     4,132        

the Revised Code, the offender's duty to provide notice of a       4,133        

change in residence address and register the new residence         4,134        

address pursuant to section 2950.05 of the Revised Code, the       4,135        

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       4,136        

Code, and the duration of the duties.  The judge shall inform the  4,137        

offender, at the time of sentencing, of those duties and of their  4,138        

duration and, if required under division (A)(2) of section         4,139        

2950.03 of the Revised Code, shall perform the duties specified    4,140        

in that section.                                                   4,141        

      Sec. 2929.14.  (A)  Except as provided in division (C),      4,160        

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       4,161        

relation to an offense for which a sentence of death or life       4,162        

imprisonment is to be imposed, if the court imposing a sentence    4,163        

upon an offender for a felony elects or is required to impose a    4,164        

prison term on the offender pursuant to this chapter and is not    4,165        

prohibited by division (G)(1) of section 2929.13 of the Revised    4,166        

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  4,168        

      (1)  For a felony of the first degree, the prison term       4,170        

shall be three, four, five, six, seven, eight, nine, or ten        4,171        

years.                                                             4,172        

      (2)  For a felony of the second degree, the prison term      4,174        

shall be two, three, four, five, six, seven, or eight years.       4,175        

      (3)  For a felony of the third degree, the prison term       4,177        

shall be one, two, three, four, or five years.                     4,178        

      (4)  For a felony of the fourth degree, the prison term      4,180        

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   4,181        

fourteen, fifteen, sixteen, seventeen, or eighteen months.         4,182        

                                                          104    

                                                                 
      (5)  For a felony of the fifth degree, the prison term       4,184        

shall be six, seven, eight, nine, ten, eleven, or twelve months.   4,186        

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  4,189        

(G) of this section or in Chapter 2925. of the Revised Code, if    4,190        

the court imposing a sentence upon an offender for a felony        4,191        

elects or is required to impose a prison term on the offender and  4,192        

if the offender previously has not served a prison term, the       4,193        

court shall impose the shortest prison term authorized for the     4,194        

offense pursuant to division (A) of this section, unless the       4,195        

court finds on the record that the shortest prison term will       4,196        

demean the seriousness of the offender's conduct or will not       4,197        

adequately protect the public from future crime by the offender    4,198        

or others.                                                         4,199        

      (C)  Except as provided in division (G) of this section or   4,201        

in Chapter 2925. of the Revised Code, the court imposing a         4,202        

sentence upon an offender for a felony may impose the longest      4,203        

prison term authorized for the offense pursuant to division (A)    4,204        

of this section only upon offenders who committed the worst forms  4,205        

of the offense, upon offenders who pose the greatest likelihood    4,206        

of committing future crimes, upon certain major drug offenders     4,207        

under division (D)(3) of this section, and upon certain repeat     4,208        

violent offenders in accordance with division (D)(2) of this       4,210        

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    4,212        

this section, if an offender who is convicted of or pleads guilty  4,213        

to a felony also is convicted of or pleads guilty to a             4,214        

specification of the type described in section 2941.144 of the     4,215        

Revised Code that charges the offender with having a firearm that  4,217        

is an automatic firearm or that was equipped with a firearm        4,218        

muffler or silencer on or about the offender's person or under     4,220        

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     4,221        

Revised Code that charges the offender with having a firearm on    4,222        

or about the offender's person or under the offender's control     4,223        

                                                          105    

                                                                 
while committing the offense and displaying the firearm,           4,225        

brandishing the firearm, indicating that the offender possessed    4,226        

the firearm, or using it to facilitate the offense, or a           4,228        

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    4,230        

or about the offender's person or under the offender's control     4,231        

while committing the felony, the court, after imposing a prison    4,232        

term on the offender for the felony under division (A), (D)(2),    4,234        

or (D)(3) of this section, shall impose an additional prison       4,235        

term, determined pursuant to this division, that shall not be      4,236        

reduced pursuant to section 2929.20, section 2967.193, or any      4,237        

other provision of Chapter 2967. or Chapter 5120. of the Revised   4,238        

Code.  If the specification is of the type described in section    4,240        

2941.144 of the Revised Code, the additional prison term shall be  4,241        

six years.  If the specification is of the type described in       4,243        

section 2941.145 of the Revised Code, the additional prison term   4,245        

shall be three years.  If the specification is of the type         4,246        

described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      4,248        

than one additional prison term on an offender under this          4,249        

division for felonies committed as part of the same act or         4,250        

transaction.  If a court imposes an additional prison term under   4,251        

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       4,252        

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       4,255        

section, if an offender who is convicted of or pleads guilty to a  4,256        

violation of section 2923.161 of the Revised Code or to a felony   4,258        

that includes, as an essential element, purposely or knowingly     4,259        

causing or attempting to cause the death of or physical harm to    4,260        

another, also is convicted of or pleads guilty to a specification  4,261        

of the type described in section 2941.146 of the Revised Code      4,264        

that charges the offender with committing the offense by           4,265        

discharging a firearm from a motor vehicle, as defined in section  4,266        

                                                          106    

                                                                 
4501.01 of the Revised Code, other than a manufactured home, as    4,269        

defined in section 4501.01 of the Revised Code, the court, after   4,271        

imposing a prison term on the offender for the violation of        4,272        

section 2923.161 of the Revised Code or for the other felony       4,274        

offense under division (A), (D)(2), or (D)(3) of this section,     4,275        

shall impose an additional prison term of five years upon the      4,276        

offender that shall not be reduced pursuant to section 2929.20,    4,277        

section 2967.193, or any other provision of Chapter 2967. or       4,278        

Chapter 5120. of the Revised Code.  A court shall not impose more  4,280        

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         4,282        

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     4,283        

also shall impose an additional prison term under division         4,284        

(D)(1)(a)(i) of this section relative to the same offense,         4,285        

provided the criteria specified in that division for imposing an   4,286        

additional prison term are satisfied relative to the offender and  4,287        

the offense.                                                                    

      (b)  The court shall not impose any of the additional        4,289        

prison terms described in division (D)(1)(a) of this section upon  4,292        

an offender for a violation of section 2923.12 of the Revised      4,293        

Code.  The court shall not impose any of the additional prison     4,294        

terms described in that division upon an offender for a violation  4,295        

of section 2923.13 of the Revised Code unless all of the           4,296        

following apply:                                                                

      (i)  The offender previously has been convicted of           4,299        

aggravated murder, murder, or any felony of the first or second    4,300        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    4,303        

was released from prison or post-release control, whichever is     4,304        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  4,307        

to a felony also is convicted of or pleads guilty to a             4,308        

specification of the type described in section 2941.149 of the     4,309        

                                                          107    

                                                                 
Revised Code that the offender is a repeat violent offender, the   4,311        

court shall impose a prison term from the range of terms           4,312        

authorized for the offense under division (A) of this section      4,313        

that may be the longest term in the range and that shall not be    4,314        

reduced pursuant to section 2929.20, section 2967.193, or any      4,316        

other provision of Chapter 2967. or Chapter 5120. of the Revised   4,317        

Code.  If the court finds that the repeat violent offender, in     4,319        

committing the offense, caused any physical harm that carried a    4,320        

substantial risk of death to a person or that involved             4,321        

substantial permanent incapacity or substantial permanent          4,322        

disfigurement of a person, the court shall impose the longest      4,323        

prison term from the range of terms authorized for the offense     4,325        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         4,328        

violent offender imposes the longest prison term from the range    4,329        

of terms authorized for the offense under division (A) of this     4,330        

section, the court may impose on the offender an additional        4,331        

definite prison term of one, two, three, four, five, six, seven,   4,332        

eight, nine, or ten years if the court finds that both of the      4,333        

following apply with respect to the prison terms imposed on the    4,334        

offender pursuant to division (D)(2)(a) of this section and, if    4,335        

applicable, divisions (D)(1) and (3) of this section:              4,336        

      (i)  The terms so imposed are inadequate to punish the       4,339        

offender and protect the public from future crime, because the     4,340        

applicable factors under section 2929.12 of the Revised Code       4,343        

indicating a greater likelihood of recidivism outweigh the         4,345        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          4,346        

      (ii)  The terms so imposed are demeaning to the seriousness  4,349        

of the offense, because one or more of the factors under section   4,350        

2929.12 of the Revised Code indicating that the offender's         4,351        

conduct is more serious than conduct normally constituting the     4,352        

offense are present, and they outweigh the applicable factors      4,353        

under that section indicating that the offender's conduct is less  4,355        

                                                          108    

                                                                 
serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       4,358        

section 2903.01 or 2907.02 of the Revised Code and the penalty     4,359        

imposed for the violation is life imprisonment or commits a        4,360        

violation of section 2903.02 of the Revised Code, if the offender  4,361        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     4,362        

the Revised Code and that section requires the imposition of a     4,364        

ten-year prison term on the offender or if a court imposing a      4,365        

sentence upon an offender for a felony finds that the offender is  4,366        

guilty of a specification of the type described in section         4,367        

2941.1410 of the Revised Code, that the offender is a major drug   4,368        

offender, is guilty of corrupt activity with the most serious      4,369        

offense in the pattern of corrupt activity being a felony of the   4,370        

first degree, or is guilty of an attempted forcible violation of   4,371        

section 2907.02 of the Revised Code with the victim being under    4,372        

thirteen years of age and that attempted violation is the felony   4,373        

for which sentence is being imposed, the court shall impose upon   4,374        

the offender for the felony violation a ten-year prison term that  4,375        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  4,377        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   4,380        

division (D)(3)(a) of this section may impose an additional        4,381        

prison term of one, two, three, four, five, six, seven, eight,     4,382        

nine, or ten years, if the court, with respect to the term         4,383        

imposed under division (D)(3)(a) of this section and, if           4,384        

applicable, divisions (D)(1) and (2) of this section, makes both   4,386        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    4,387        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  4,389        

felony OMVI offense and if division (G)(2) of section 2929.13 of   4,391        

the Revised Code requires the sentencing court to impose upon the  4,392        

offender a mandatory prison term, the sentencing court shall       4,393        

impose upon the offender a mandatory prison term in accordance     4,394        

with that division.  In addition to the mandatory prison term,                  

                                                          109    

                                                                 
the sentencing court may sentence the offender to an additional    4,395        

prison term of any duration specified in division (A)(4) of this   4,396        

section minus the sixty days imposed upon the offender as the      4,397        

mandatory prison term.  The total of the additional prison term    4,398        

imposed under division (D)(4) of this section plus the sixty days  4,399        

imposed as the mandatory prison term shall equal one of the        4,400        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     4,401        

division (D)(4) of this section, the offender shall serve the      4,402        

additional prison term after the offender has served the           4,403        

mandatory prison term required for the offense.  The court shall   4,404        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    4,405        

      (E)(1)  If a mandatory prison term is imposed upon an        4,408        

offender pursuant to division (D)(1)(a) of this section for        4,409        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     4,411        

prison term is imposed upon an offender pursuant to division       4,412        

(D)(1)(b) of this section for committing a felony specified in     4,413        

that division by discharging a firearm from a motor vehicle, the   4,414        

offender shall serve the mandatory prison term consecutively to    4,415        

and prior to the prison term imposed for the underlying felony     4,416        

pursuant to division (A), (D)(2), or (D)(3) of this section or     4,417        

any other section of the Revised Code and consecutively to any     4,418        

other prison term or mandatory prison term previously or           4,420        

subsequently imposed upon the offender.                            4,421        

      (2)  If an offender who is an inmate in a jail, prison, or   4,424        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   4,426        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        4,427        

offender who is an inmate in a jail, prison, or other residential  4,428        

detention facility or is under detention at a detention facility   4,429        

commits another felony while the offender is an escapee in         4,431        

                                                          110    

                                                                 
violation of section 2921.34 of the Revised Code, any prison term  4,433        

imposed upon the offender for one of those violations shall be     4,434        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         4,436        

committed that offense and to any other prison term previously or  4,437        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       4,438        

meanings as in section 2921.01 of the Revised Code.                4,439        

      (3)  If a prison term is imposed for a violation of          4,441        

division (B) of section 2911.01 of the Revised Code, the offender  4,442        

shall serve that prison term consecutively to any other prison     4,443        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     4,445        

for convictions of multiple offenses, the court may require the    4,446        

offender to serve the prison terms consecutively if the court      4,447        

finds that the consecutive service is necessary to protect the     4,448        

public from future crime or to punish the offender and that        4,449        

consecutive sentences are not disproportionate to the seriousness  4,450        

of the offender's conduct and to the danger the offender poses to  4,452        

the public, and if the court also finds any of the following:      4,453        

      (a)  The offender committed the multiple offenses while the  4,456        

offender was awaiting trial or sentencing, was under a sanction    4,457        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    4,458        

Revised Code, or was under post-release control for a prior        4,459        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   4,462        

or unusual that no single prison term for any of the offenses      4,463        

committed as part of a single course of conduct adequately         4,464        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              4,466        

demonstrates that consecutive sentences are necessary to protect   4,467        

the public from future crime by the offender.                      4,468        

      (5)  When consecutive prison terms are imposed pursuant to   4,471        

division (E)(1), (2), (3), or (4) of this section, the term to be  4,472        

                                                          111    

                                                                 
served is the aggregate of all of the terms so imposed.                         

      (F)  If a court imposes a prison term of a type described    4,475        

in division (B) of section 2967.28 of the Revised Code, it shall   4,476        

include in the sentence a requirement that the offender be         4,477        

subject to a period of post-release control after the offender's   4,478        

release from imprisonment, in accordance with that division.  If   4,479        

a court imposes a prison term of a type described in division (C)  4,480        

of that section, it shall include in the sentence a requirement    4,481        

that the offender be subject to a period of post-release control   4,482        

after the offender's release from imprisonment, in accordance      4,483        

with that division, if the parole board determines that a period   4,484        

of post-release control is necessary.                              4,485        

      (G)  If a person is convicted of or pleads guilty to a       4,487        

sexually violent offense and also is convicted of or pleads        4,488        

guilty to a sexually violent predator specification that was       4,489        

included in the indictment, count in the indictment, or            4,490        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   4,491        

the Revised Code, and Chapter 2971. of the Revised Code applies    4,492        

regarding the prison term or term of life imprisonment without     4,493        

parole imposed upon the offender and the service of that term of   4,494        

imprisonment.                                                                   

      (H)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        4,495        

GUILTY TO A FELONY IS SENTENCED TO A PRISON TERM OR TERM OF        4,496        

IMPRISONMENT UNDER THIS SECTION, SECTIONS 2929.02 TO 2929.06 OF    4,497        

THE REVISED CODE, SECTION 2971.03 OF THE REVISED CODE, OR ANY      4,498        

OTHER PROVISION OF LAW, SECTION 5120.163 OF THE REVISED CODE       4,499        

APPLIES REGARDING THE PERSON WHILE THE PERSON IS CONFINED IN A     4,500        

STATE CORRECTIONAL INSTITUTION.                                    4,501        

      Sec. 2929.16.  (A)  The court imposing a sentence for a      4,512        

felony upon an offender who is not required to serve a mandatory   4,513        

prison term may impose any community residential sanction or       4,514        

combination of community residential sanctions under this          4,515        

section.  The court imposing a sentence for a fourth degree                     

                                                          112    

                                                                 
felony OMVI offense upon an offender who is required to serve a    4,517        

mandatory term of local incarceration pursuant to division (G)(1)  4,518        

of section 2929.13 of the Revised Code may impose upon the                      

offender, in addition to the mandatory term of local               4,520        

incarceration, a community residential sanction or combination of  4,521        

community residential sanctions under this section, and the        4,522        

offender shall serve or satisfy the sanction or combination of     4,523        

sanctions after the offender has served the mandatory term of      4,524        

local incarceration required for the offense.  Community           4,525        

residential sanctions include, but are not limited to, the                      

following:                                                         4,526        

      (1)  A term of up to six months at a community-based         4,528        

correctional facility that serves the county;                      4,529        

      (2)  Except as otherwise provided in division (A)(3) of      4,531        

this section AND SUBJECT TO DIVISION (D) OF THIS SECTION, a term   4,533        

of up to six months in a jail, provided that the court shall not   4,534        

impose a sanction under this section that consists of a term in a  4,535        

minimum security jail for a felony of the fourth or fifth degree   4,536        

that is an offense of violence;                                    4,537        

      (3)  If the offender is convicted of a fourth degree felony  4,539        

OMVI offense and is sentenced pursuant to division (G)(1) of       4,540        

section 2929.13 of the Revised Code, SUBJECT TO DIVISION (D) OF    4,541        

THIS SECTION, a term of up to one year in a jail less the          4,542        

mandatory term of local incarceration of sixty consecutive days    4,544        

of imprisonment imposed pursuant to that division;                 4,545        

      (4)  A term in a halfway house;                              4,547        

      (5)  A term in an alternative residential facility.          4,549        

      (B)  The court that assigns any offender convicted of a      4,552        

felony to a residential sanction under this section may authorize  4,553        

the offender to be released so that the offender may seek or       4,554        

maintain employment, receive education or training, or receive     4,555        

treatment.  A release pursuant to this division shall be only for  4,556        

the duration of time that is needed to fulfill the purpose of the  4,557        

release and for travel that reasonably is necessary to fulfill     4,558        

                                                          113    

                                                                 
the purposes of the release.                                                    

      (C)  If the court assigns an offender to a county jail that  4,561        

is not a minimum security misdemeanant jail in a county that has   4,562        

established a county jail industry program pursuant to section                  

5147.30 of the Revised Code, the court shall specify, as part of   4,563        

the sentence, whether the sheriff of that county may consider the  4,564        

offender for participation in the county jail industry program.    4,566        

During the offender's term in the county jail, the court shall     4,567        

retain jurisdiction to modify its specification upon a             4,568        

reassessment of the offender's qualifications for participation                 

in the program.                                                    4,569        

      (D)  IF A COURT SENTENCES AN OFFENDER TO A TERM IN JAIL      4,572        

UNDER DIVISION (A)(2) OR (3) OF THIS SECTION AND IF THE SENTENCE   4,574        

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      4,575        

THAT THE OFFENDER SERVE THE TERM IN A MINIMUM SECURITY JAIL        4,576        

ESTABLISHED UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE.    4,577        

IF THE COURT INCLUDES A SPECIFICATION OF THAT TYPE IN THE          4,579        

SENTENCE AND IF THE ADMINISTRATOR OF THE APPROPRIATE MINIMUM       4,580        

SECURITY JAIL OR THE DESIGNEE OF THAT ADMINISTRATOR CLASSIFIES     4,581        

THE OFFENDER IN ACCORDANCE WITH SECTION 341.34 OR 753.21 OF THE    4,582        

REVISED CODE AS A MINIMAL SECURITY RISK, THE OFFENDER SHALL SERVE  4,583        

THE TERM IN THE MINIMUM SECURITY JAIL ESTABLISHED UNDER SECTION    4,584        

341.34 OR 753.21 OF THE REVISED CODE.  ABSENT A SPECIFICATION OF   4,586        

THAT TYPE AND A FINDING OF THAT TYPE, THE OFFENDER SHALL SERVE     4,587        

THE TERM IN A JAIL OTHER THAN A MINIMUM SECURITY JAIL ESTABLISHED               

UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE.                4,588        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        4,590        

GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL         4,591        

SANCTION AS DESCRIBED IN DIVISION (A) OF THIS SECTION, AT THE      4,592        

TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE   4,593        

OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL,      4,594        

HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE    4,595        

AT WHICH THE OFFENDER WILL SERVE THE RESIDENTIAL SANCTION                       

                                                          114    

                                                                 
DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE          4,596        

OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL,      4,597        

HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE    4,598        

MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND TESTED FOR     4,599        

TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE   4,600        

PERSON IN CHARGE OF THE OPERATION OF THE COMMUNITY-BASED           4,601        

CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE, ALTERNATIVE                         

RESIDENTIAL FACILITY, OR OTHER PLACE AT WHICH THE OFFENDER WILL    4,602        

SERVE THE RESIDENTIAL SANCTION MAY CAUSE A CONVICTED OFFENDER IN   4,603        

THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE,    4,604        

ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE WHO REFUSES TO    4,605        

BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, OR ANOTHER   4,606        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         4,607        

      Sec. 2929.23.  (A)  As used in this section:                 4,616        

      (1)  "Electronic monitoring device" means either of the      4,618        

following:                                                         4,619        

      (a)  Any device that can be operated by electrical or        4,621        

battery power and that conforms with all of the following:         4,622        

      (i)  The device has a transmitter that can be attached to a  4,624        

person, that will transmit a specified signal to a receiver of     4,625        

the type described in division (A)(1)(a)(ii) of this section if    4,626        

the transmitter is removed from the person, turned off, or         4,627        

altered in any manner without prior court approval in relation to  4,628        

electronically monitored house arrest or electronically monitored  4,629        

house detention or without prior approval of the department of     4,630        

rehabilitation and correction in relation to electronically        4,631        

monitored early release THE USE OF AN ELECTRONIC MONITORING        4,632        

DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL or otherwise is       4,633        

tampered with, that can transmit continuously and periodically a   4,634        

signal to that receiver when the person is within a specified      4,635        

distance from the receiver, and that can transmit an appropriate   4,636        

signal to that receiver if the person to whom it is attached       4,637        

travels a specified distance from that receiver.                   4,638        

      (ii)  The device has a receiver that can receive             4,640        

                                                          115    

                                                                 
continuously the signals transmitted by a transmitter of the type  4,641        

described in division (A)(1)(a)(i) of this section, can transmit   4,642        

continuously those signals by telephone to a central monitoring    4,643        

computer of the type described in division (A)(1)(a)(iii) of this  4,644        

section, and can transmit continuously an appropriate signal to    4,645        

that central monitoring computer if the receiver is turned off or  4,646        

altered without prior court approval or otherwise tampered with.   4,647        

      (iii)  The device has a central monitoring computer that     4,649        

can receive continuously the signals transmitted by telephone by   4,650        

a receiver of the type described in division (A)(1)(a)(ii) of      4,651        

this section and can monitor continuously the person to whom an    4,652        

electronic monitoring device of the type described in division     4,653        

(A)(1)(a) of this section is attached.                             4,654        

      (b)  Any device that is not a device of the type described   4,656        

in division (A)(1)(a) of this section and that conforms with all   4,657        

of the following:                                                  4,658        

      (i)  The device includes a transmitter and receiver that     4,660        

can monitor and determine the location of a subject person at any  4,661        

time, or at a designated point in time, through the use of a       4,662        

central monitoring computer or through other electronic means;     4,663        

      (ii)  The device includes a transmitter and receiver that    4,665        

can determine at any time, or at a designated point in time,       4,666        

through the use of a central monitoring computer or other          4,667        

electronic means the fact that the transmitter is turned off or    4,668        

altered in any manner without prior approval of the court in       4,669        

relation to electronically monitored house arrest or               4,670        

electronically monitored house detention or without prior          4,671        

approval of the department of rehabilitation and correction in     4,672        

relation to electronically monitored early release THE USE OF AN   4,673        

ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL         4,674        

CONTROL or otherwise is tampered with.                             4,676        

      (2)  "Certified electronic monitoring device" means an       4,678        

electronic monitoring device that has been certified by the        4,679        

superintendent of the bureau of criminal identification and        4,680        

                                                          116    

                                                                 
investigation pursuant to division (C)(1) of this section.         4,681        

      (3)  "Eligible offender" means a person who has been         4,683        

convicted of or pleaded guilty to any offense, except that a       4,684        

person is not an "eligible offender" if any of the following       4,686        

apply in relation to the person, the offense, or the person and    4,687        

the offense:                                                       4,688        

      (a)  The person is subject to or is serving a term of life   4,690        

imprisonment.                                                                   

      (b)  The person is subject to or is serving a mandatory      4,692        

prison term imposed under division (F) of section 2929.13,         4,693        

division (D) of section 2929.14, or any other section of the       4,694        

Revised Code, provided that, after the person has served all of    4,695        

the mandatory prison terms so imposed, the person may be an        4,696        

eligible offender unless excluded by division (A)(3)(a), (c) or    4,697        

(d) of this section.                                               4,698        

      (c)  The offense is a violation of division (A) of section   4,701        

4511.19 of the Revised Code, and the offender is sentenced for                  

that offense pursuant to division (G)(1) of section 2929.13 of     4,702        

the Revised Code and is serving the mandatory term of local        4,704        

incarceration of sixty consecutive days of imprisonment imposed    4,705        

under that division, provided that, after the person has served    4,706        

all of the mandatory term of local incarceration so imposed, the                

person may be an eligible offender unless excluded by division     4,707        

(A)(3)(a), (b), or (d) of this section.                            4,709        

      (d)  The offense is a violation of division (A) of section   4,712        

4511.19 of the Revised Code, and the person is sentenced for that  4,713        

offense pursuant to division (G)(2) of section 2929.13 of the      4,714        

Revised Code.                                                      4,715        

      (4)  "Electronically monitored house arrest" means a period  4,717        

of confinement of an eligible offender in the eligible offender's  4,719        

home or in other premises specified by the sentencing court,       4,720        

during which period of confinement all of the following apply:     4,721        

      (a)  The eligible offender wears, otherwise has attached to  4,723        

the eligible offender's person, or otherwise is subject to         4,724        

                                                          117    

                                                                 
monitoring by a certified electronic monitoring device, or the     4,726        

eligible offender is subject to monitoring by a certified          4,728        

electronic monitoring system;                                                   

      (b)  The eligible offender is required to remain in the      4,730        

eligible offender's home or other premises specified by the        4,731        

sentencing court for the specified period of confinement, except   4,732        

for periods of time during which the eligible offender is at the   4,734        

eligible offender's place of employment or at other premises as    4,735        

authorized by the sentencing court;                                             

      (c)  The eligible offender is subject to monitoring by a     4,737        

central system that monitors the certified electronic monitoring   4,738        

device that is attached to the eligible offender's person or that  4,740        

otherwise is being used to monitor the eligible offender and that  4,741        

can monitor and determine the eligible offender's location at any  4,743        

time or at a designated point in time, or the eligible offender    4,744        

is required to participate in monitoring by a certified            4,745        

electronic monitoring system;                                      4,746        

      (d)  The eligible offender is required by the sentencing     4,748        

court to report periodically to a person designated by the court;  4,749        

      (e)  The eligible offender is subject to any other           4,751        

restrictions and requirements that may be imposed by the           4,752        

sentencing court.                                                  4,753        

      (5)  "Electronic monitoring system" means a system by which  4,755        

the location of an eligible offender can be verified               4,756        

telephonically through the use of voice-activated voice response   4,757        

technology that conforms with all of the following:                4,758        

      (a)  It can be programmed to call the telephone or           4,760        

telephones assigned to the eligible offender who is the subject    4,762        

of the monitoring as often as necessary;                           4,763        

      (b)  It is equipped with a voice recognition system that     4,765        

can work accurately and reliably under the anticipated conditions  4,766        

in which it will operate;                                          4,767        

      (c)  It is equipped to perform an alarm function if the      4,769        

eligible offender who is the subject of monitoring does not        4,771        

                                                          118    

                                                                 
respond to system commands in the manner required.                 4,772        

      (6)  "Certified electronic monitoring system" means an       4,774        

electronic monitoring system that has been certified by the        4,775        

superintendent of the bureau of criminal identification and        4,776        

investigation pursuant to division (C)(1) of this section.         4,777        

      (7)  "Electronically monitored house detention" has the      4,779        

same meaning as in section 2151.355 of the Revised Code.           4,780        

      (8)  "Electronically monitored early release" has the same   4,782        

meaning as in section 5120.071 of the Revised Code TRANSITIONAL    4,783        

CONTROL" MEANS THE PROGRAM OF TRANSITIONAL CONTROL ESTABLISHED BY  4,784        

THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION      4,785        

2967.26 OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A       4,786        

PROGRAM OF THAT NATURE UNDER THAT SECTION.                                      

      (B)(1)  Any court may impose as a sanction pursuant to       4,788        

sections 2929.15 and 2929.17 of the Revised Code a period of       4,789        

electronically monitored house arrest upon an eligible offender    4,790        

who is convicted of or pleads guilty to a felony, except that the  4,791        

total of any period of electronically monitored house arrest       4,792        

imposed upon that eligible offender plus the period of all other   4,793        

sanctions imposed upon the same eligible offender pursuant to      4,794        

sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised     4,795        

Code shall not exceed five years.  Any court may impose a period   4,796        

of electronically monitored house arrest upon an eligible          4,797        

offender who is convicted of or pleads guilty to a misdemeanor in  4,798        

addition to or in lieu of any other sentence imposed or            4,799        

authorized for the offense, except that the total of any period    4,800        

of electronically monitored house arrest imposed upon that         4,801        

eligible offender plus the period of any sentence of imprisonment  4,802        

imposed upon the same eligible offender shall not exceed the       4,803        

maximum term of imprisonment that could be imposed upon the        4,804        

eligible offender pursuant to section 2929.21 of the Revised Code  4,805        

and except that, if the offense for which an eligible offender is  4,806        

being sentenced is a violation of division (A) of section 4511.19  4,807        

or of division (D)(2) of section 4507.02 of the Revised Code, the  4,808        

                                                          119    

                                                                 
court may impose a period of electronically monitored house        4,809        

arrest upon the eligible offender only when authorized by and      4,810        

only in the circumstances described in division (A) of section     4,811        

4511.99 or division (B) of section 4507.99 of the Revised Code.    4,812        

      If a court imposes a period of electronically monitored      4,814        

house arrest upon an eligible offender, it shall require the       4,815        

eligible offender to wear, otherwise have attached to the          4,816        

eligible offender's person, or otherwise be subject to monitoring  4,818        

by a certified electronic monitoring device or to participate in   4,819        

the operation of and monitoring by a certified electronic          4,820        

monitoring system; to remain in the eligible offender's home or    4,821        

other specified premises for the entire period of electronically   4,823        

monitored house arrest except when the court permits the eligible  4,824        

offender to leave those premises to go to the eligible offender's  4,825        

place of employment or to other specified premises; to be          4,826        

monitored by a central system that monitors the certified          4,827        

electronic monitoring device that is attached to the eligible      4,828        

offender's person or that otherwise is being used to monitor the   4,830        

eligible offender and that can monitor and determine the eligible  4,832        

offender's location at any time or at a designated point in time   4,834        

or to be monitored by the certified electronic monitoring system;  4,835        

to report periodically to a person designated by the court; and,   4,836        

in return for receiving a period of electronically monitored       4,837        

house arrest, to enter into a written contract with the court      4,838        

agreeing to comply with all restrictions and requirements imposed  4,839        

by the court, agreeing to pay any fee imposed by the court for     4,840        

the costs of the electronically monitored house arrest imposed by  4,841        

the court pursuant to division (E) of this section, and agreeing   4,842        

to waive the right to receive credit for any time served on        4,843        

electronically monitored house arrest toward any prison term or                 

sentence of imprisonment imposed upon the eligible offender for    4,845        

the offense for which the period of electronically monitored       4,846        

house arrest was imposed if the eligible offender violates any of  4,847        

the restrictions or requirements of the period of electronically   4,849        

                                                          120    

                                                                 
monitored house arrest, and additionally, it may impose any other  4,850        

reasonable restrictions and requirements upon the eligible         4,851        

offender.                                                                       

      (2)  If an eligible offender violates any of the             4,853        

restrictions or requirements imposed upon the eligible offender    4,854        

as part of the eligible offender's period of electronically        4,856        

monitored house arrest, the eligible offender shall not receive    4,857        

credit for any time served on electronically monitored house       4,858        

arrest toward any prison term or sentence of imprisonment imposed  4,859        

upon the eligible offender for the offense for which the period    4,861        

of electronically monitored house arrest was imposed.              4,862        

      (C)(1)  The superintendent of the bureau of criminal         4,864        

identification and investigation, in accordance with this section  4,865        

and rules adopted by the superintendent pursuant to division       4,866        

(C)(2) of this section, shall certify for use in cases of          4,867        

electronically monitored house arrest, IN electronically           4,868        

monitored house detention, and electronically monitored early      4,869        

release IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL specific  4,870        

types and brands of electronic monitoring devices and electronic   4,871        

monitoring systems that comply with the requirements of this       4,872        

section, section 5120.073 of the Revised Code, and those rules.    4,873        

Any manufacturer that, pursuant to this division, seeks to obtain  4,874        

the certification of any type or brand of electronic monitoring    4,875        

device or electronic monitoring system shall submit to the         4,876        

superintendent an application for certification in accordance      4,877        

with those rules together with the application fee and costs of    4,878        

certification as required by those rules.  The superintendent      4,879        

shall not certify any electronic monitoring device or electronic   4,880        

monitoring system pursuant to this division unless the             4,881        

application fee and costs have been paid to the superintendent.    4,882        

      (2)  The superintendent, in accordance with Chapter 119. of  4,884        

the Revised Code, shall adopt rules for certifying specific types  4,885        

and brands of electronic monitoring devices and electronic         4,886        

monitoring systems for use in electronically monitored house       4,887        

                                                          121    

                                                                 
arrest, IN electronically monitored house detention, and           4,888        

electronically monitored early release IN RELATION TO AN INMATE    4,889        

ON TRANSITIONAL CONTROL.  The rules shall set forth the            4,891        

requirements for obtaining the certification, the application fee  4,892        

and other costs for obtaining the certification, the procedure     4,893        

for applying for certification, and any other requirements and     4,894        

procedures considered necessary by the superintendent.  The rules  4,895        

shall require that no type or brand of electronic monitoring       4,896        

device or electronic monitoring system be certified unless the     4,897        

type or brand of device or system complies with whichever of the   4,898        

following is applicable, in addition to any other requirements     4,899        

specified by the superintendent:                                                

      (a)  For electronic monitoring devices of the type           4,901        

described in division (A)(1)(a) of this section, the type or       4,902        

brand of device complies with all of the following:                4,903        

      (i)  It has a transmitter of the type described in division  4,905        

(A)(1)(a)(i) of this section, a receiver of the type described in  4,906        

division (A)(1)(a)(ii) of this section, and a central monitoring   4,907        

computer of the type described in division (A)(1)(a)(iii) of this  4,908        

section;                                                           4,909        

      (ii)  Its transmitter can be worn by or attached to a        4,911        

person with a minimum of discomfort during normal activities, is   4,912        

difficult to remove, turn off, or otherwise alter without prior    4,913        

court approval in relation to electronically monitored house       4,914        

arrest or electronically monitored house detention or prior        4,915        

approval of the department of rehabilitation and correction in     4,916        

relation to electronically monitored early release THE USE OF AN   4,917        

ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL         4,918        

CONTROL, and will transmit a specified signal to the receiver if   4,920        

it is removed, turned off, altered, or otherwise tampered with;    4,921        

      (iii)  Its receiver is difficult to turn off or alter and    4,923        

will transmit a signal to the central monitoring computer if it    4,924        

is turned off, altered, or otherwise tampered with;                4,925        

      (iv)  Its central monitoring computer is difficult to        4,927        

                                                          122    

                                                                 
circumvent;                                                        4,928        

      (v)  Its transmitter, receiver, and central monitoring       4,930        

computer work accurately and reliably under the anticipated        4,931        

conditions under which electronically monitored house arrest or    4,932        

electronically monitored house detention will be imposed by        4,933        

courts or under which electronically monitored early release AN    4,934        

ELECTRONIC MONITORING DEVICE will be used by the department of     4,936        

rehabilitation and correction IN RELATION TO AN INMATE ON          4,937        

TRANSITIONAL CONTROL;                                                           

      (vi)  It has a backup battery power supply that operates     4,939        

automatically when the main source of electrical or battery power  4,940        

for the device fails.                                              4,941        

      (b)  For electronic monitoring devices of the type           4,943        

described in division (A)(1)(b) of this section, the type or       4,944        

brand of device complies with all of the following:                4,945        

      (i)  It has a transmitter and receiver of the type           4,947        

described in divisions (A)(1)(b)(i) and (ii) of this section.      4,948        

      (ii)  Its transmitter is difficult to turn off or alter      4,950        

without prior court approval in relation to electronically         4,951        

monitored house arrest or electronically monitored house           4,952        

detention or without prior approval of the department of           4,953        

rehabilitation and correction in relation to electronically        4,954        

monitored early release THE USE OF AN ELECTRONIC MONITORING        4,955        

DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL, and, if the          4,956        

transmitter is turned off or altered in any manner without prior   4,958        

approval of the court or department or otherwise is tampered       4,959        

with, the fact that it has been turned off, altered, or tampered   4,960        

with can be determined at any time, or at a designated point in    4,961        

time, through the use of a central monitoring computer or through  4,962        

other electronic means.                                                         

      (iii)  Its receiver is difficult to turn off or alter, and,  4,964        

if the receiver is turned off, altered, or otherwise tampered      4,965        

with, the fact that it has been turned off, altered, or tampered   4,966        

with can be determined at any time, or at a designated point in    4,967        

                                                          123    

                                                                 
time, through the use of a central monitoring computer or through  4,968        

other electronic means.                                            4,969        

      (iv)  Its central monitoring computer or other means of      4,971        

electronic monitoring is difficult to circumvent.                  4,972        

      (v)  Its transmitter, receiver, and central monitoring       4,974        

computer or other means of electronic monitoring work accurately   4,975        

and reliably under the anticipated conditions under which          4,976        

electronically monitored house arrest, OR electronically           4,977        

monitored house detention WILL BE USED, or electronically          4,979        

monitored early release UNDER WHICH AN ELECTRONIC MONITORING       4,980        

DEVICE will be used BY THE DEPARTMENT OF REHABILITATION AND        4,981        

CORRECTION IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL.       4,982        

      (vi)  If it operates on electrical or battery power, it has  4,984        

a backup battery power supply that operates automatically when     4,985        

the main source of electrical or battery power for the device      4,986        

fails, or, if it does not operate on electrical or battery power,  4,987        

it has a backup method of operation so that it will continue to    4,988        

operate if its main method of operation fails.                     4,989        

      (c)  For electronic monitoring systems, the type or brand    4,991        

of system complies with all of the following:                      4,992        

      (i)  It can be programmed to call the telephone or           4,994        

telephones assigned to the person who is the subject of the        4,995        

monitoring as often as necessary;                                  4,996        

      (ii)  It is equipped with a voice recognition system that    4,998        

can work accurately and reliably under the anticipated conditions  4,999        

in which it will operate;                                          5,000        

      (iii)  It is equipped to perform an alarm function if the    5,002        

person who is the subject of the monitoring does not respond to    5,003        

system commands in the manner required.                            5,004        

      (3)  The superintendent shall publish and make available to  5,006        

all courts and to the department of rehabilitation and             5,007        

correction, without charge, a list of all types and brands of      5,008        

electronic monitoring devices and electronic monitoring systems    5,009        

that have been certified by the superintendent pursuant to         5,010        

                                                          124    

                                                                 
division (C)(1) of this section and information about the          5,011        

manufacturers of the certified devices and systems and places at   5,012        

which the devices and systems can be obtained.                     5,013        

      (D)  The superintendent of the bureau of criminal            5,015        

identification and investigation shall deposit all costs and fees  5,016        

collected pursuant to division (C) of this section into the        5,018        

general revenue fund.                                                           

      (E)(1)  Each county in which is located a court that         5,020        

imposes a period of electronically monitored house arrest or       5,021        

electronically monitored house detention as a sentencing sanction  5,022        

or alternative may establish in the county treasury an             5,024        

electronically monitored house arrest and detention fund.  The     5,025        

clerk of each court that uses that sentencing sanction or          5,026        

alternative may deposit into the fund all fees collected from      5,028        

eligible offenders upon whom electronically monitored house        5,029        

arrest or detention is imposed pursuant to this section, section   5,030        

2151.355, or any other section of the Revised Code that            5,031        

specifically authorizes the imposition of electronically           5,032        

monitored house arrest or detention.  Each court that imposes      5,033        

electronically monitored house arrest or detention may adopt by    5,034        

local court rule a reasonable daily fee to be paid by each         5,035        

eligible offender upon whom a period of electronically monitored                

house arrest or detention is imposed as a sentencing sanction or   5,036        

alternative.  The fee may include the actual costs of providing    5,038        

house arrest or detention and an additional amount necessary to    5,039        

enable the court to provide electronically monitored house arrest  5,040        

or detention to indigent eligible offenders.  The fund may be      5,041        

used only for the payment of the costs of electronically           5,042        

monitored house arrest or detention, including, but not limited    5,043        

to, the costs of electronically monitored house arrest or          5,044        

detention for indigent eligible offenders.                                      

      (2)  If a fee is adopted pursuant to division (E)(1) of      5,046        

this section, it shall be in addition to any fine specifically     5,047        

authorized or required by any other section of the Revised Code    5,048        

                                                          125    

                                                                 
for an eligible offender upon whom a period of electronically      5,049        

monitored house arrest or detention is imposed as a sentencing     5,050        

sanction or alternative.                                                        

      Sec. 2930.16.  (A)  If a defendant is incarcerated, a        5,060        

victim in a case who has requested to receive notice under this                 

section shall be given notice of the incarceration of the          5,061        

defendant.  Promptly after sentence is imposed upon the            5,062        

defendant, the prosecutor in the case shall notify the victim of   5,063        

the date on which the defendant will be released from confinement  5,064        

or the prosecutor's reasonable estimate of that date.  The         5,065        

prosecutor also shall notify the victim of the name of the         5,066        

custodial agency of the defendant and tell the victim how to       5,067        

contact that custodial agency.  The victim shall keep the          5,068        

custodial agency informed of the victim's current address and      5,069        

telephone number.                                                               

      (B)(1)  Upon the victim's request, the prosecutor promptly   5,071        

shall notify the victim of any hearing for judicial release of     5,073        

the defendant pursuant to section 2929.20 of the Revised Code and  5,074        

of the victim's right to make a statement under that section.      5,075        

The court shall notify the victim of its ruling in each of those   5,076        

hearings and on each of those applications.                        5,077        

      (2)  Upon the request of a victim of a crime that is a       5,079        

sexually violent offense and that is committed by a sexually       5,080        

violent predator who is sentenced to a prison term pursuant to     5,081        

division (A)(3) of section 2971.03 of the Revised Code, the        5,082        

prosecutor promptly shall notify the victim of any hearing to be   5,083        

conducted pursuant to section 2971.05 of the Revised Code to       5,084        

determine whether to modify the requirement that the offender      5,085        

serve the entire prison term in a state correctional facility in   5,086        

accordance with division (C) of that section, whether to           5,088        

continue, revise, or revoke any existing modification of that      5,089        

requirement, or whether to terminate the prison term in                         

accordance with division (D) of that section.  The court shall     5,091        

notify the victim of any order issued at the conclusion of the     5,092        

                                                          126    

                                                                 
hearing.  As used in this division, "sexually violent offense"     5,094        

and "sexually violent predator" have the same meanings as in       5,095        

section 2971.01 of the Revised Code.                                            

      (C)  Upon the victim's request made at any time before the   5,097        

particular notice would be due, the custodial agency of a          5,098        

defendant shall give the victim any of the following notices that  5,100        

is applicable:                                                                  

      (1)  At least three weeks before the adult parole authority  5,102        

recommends a pardon or commutation of sentence for the defendant   5,104        

or at least three weeks prior to a hearing before the adult        5,105        

parole authority regarding a grant of parole to the defendant,     5,106        

notice of the victim's right to submit a statement regarding the   5,107        

impact of the defendant's release in accordance with section       5,108        

2967.12 of the Revised Code and, if applicable, of the victim's    5,109        

right to appear at a full board hearing of the parole board to                  

give testimony as authorized by section 5149.101 of the Revised    5,110        

Code;                                                                           

      (2)  At least three weeks before the defendant is granted a  5,112        

furlough TRANSFERRED TO TRANSITIONAL CONTROL under section         5,114        

2967.26 or under divisions (A)(1)(c) to (g) of section 2967.27 of  5,115        

the Revised Code or as soon as practicable before the defendant    5,116        

is granted a furlough under division (A)(1)(a) or (b) of section   5,117        

2967.27 of the Revised Code, notice of the pendency of the         5,118        

furlough TRANSFER and of the victim's right under those sections   5,121        

THAT SECTION to submit a statement regarding the impact of the     5,122        

release TRANSFER;                                                               

      (3)  At least three weeks before the defendant is permitted  5,124        

to serve a portion of the defendant's sentence as a period of      5,127        

electronically monitored early release pursuant to section         5,128        

5120.073 of the Revised Code, notice of the pendency of the        5,129        

electronically monitored early release;                                         

      (4)  Prompt notice of the defendant's escape from a          5,132        

facility of the custodial agency in which the defendant was        5,133        

incarcerated, of the defendant's absence without leave from a                   

                                                          127    

                                                                 
mental health or mental retardation and developmental              5,135        

disabilities facility or from other custody, and of the capture    5,136        

of the defendant after an escape or absence;                       5,137        

      (5)(4)  Notice of the defendant's death while in custody;    5,139        

      (6)(5)  Notice of the defendant's release from confinement   5,141        

and the TERMS AND conditions of the release.                       5,143        

      Sec. 2941.39.  When a convict in a state correctional        5,152        

institution is indicted for a felony committed while confined in   5,153        

the correctional institution, he THE CONVICT shall remain in the   5,154        

custody of the warden or superintendent of the institution         5,155        

subject to the order of the court of common pleas of the county    5,156        

in which the institution is located DEPARTMENT OF REHABILITATION   5,157        

AND CORRECTION, SUBJECT TO SECTIONS 2941.40 TO 2941.46 OF THE      5,158        

REVISED CODE.                                                                   

      Sec. 2947.19.  (A)  In a county that has no workhouse but    5,168        

in which is located a city that has a workhouse maintained by the  5,169        

city, the board of county commissioners may agree with the proper  5,170        

authorities of that city upon terms under which persons convicted  5,171        

of misdemeanors shall be maintained in the city workhouse at the   5,172        

expense of the county.  In the case of persons committed to the    5,173        

city workhouse for the violation of a law of this state, whether   5,174        

the commitment is from the court of common pleas, magistrate's     5,175        

court, or other court, the cost of maintaining those persons       5,176        

committed shall be paid out of the general fund of the county, on  5,177        

the allowance of the board of county commissioners, provided that  5,178        

all persons committed to the city workhouse for the violation of   5,179        

ordinances of the city shall be maintained in that workhouse at    5,180        

the sole cost of the city.                                         5,181        

      (B)(1)  The board of county commissioners or the             5,183        

legislative authority of the city may require a person who was     5,184        

convicted of an offense and who is confined in the city workhouse  5,186        

as provided in division (A) of this section to reimburse the       5,187        

county or the city, as the case may be, for its expenses incurred  5,188        

by reason of the person's confinement, including, but not limited  5,189        

                                                          128    

                                                                 
to, the expenses relating to the provision of food, clothing,      5,190        

shelter, medical care, personal hygiene products, including, but   5,191        

not limited to, toothpaste, toothbrushes, and feminine hygiene     5,192        

items, and up to two hours of overtime costs the sheriff or        5,193        

municipal corporation incurred relating to the trial of the        5,194        

person.  The amount of reimbursement may be the actual cost of     5,195        

the prisoner's confinement plus the authorized trial overtime      5,196        

costs or a lesser amount determined by the board of county                      

commissioners for the county or the legislative authority of the   5,197        

city, provided that the lesser amount shall be determined by a     5,198        

formula that is uniformly applied to persons incarcerated in the   5,199        

workhouse.  The court shall determine the amount of reimbursement  5,200        

for the person convicted of the misdemeanor at a hearing held      5,201        

pursuant to section 2929.18 of the Revised Code if the person is   5,202        

confined for a felony or section 2929.223 of the Revised Code if   5,203        

the person is confined for a misdemeanor.  The a confined for a    5,204        

misdemeanor amount or amounts paid in reimbursement by a prisoner  5,206        

confined for a misdemeanor or the amount recovered from a                       

prisoner confined for a misdemeanor by executing upon the          5,207        

judgment obtained pursuant to section 2929.223 of the Revised      5,208        

Code shall be paid into the treasury of the county or city that    5,209        

incurred the expenses.  If a person is convicted of or pleads      5,210        

guilty to a felony and the court imposes a sanction that requires  5,211        

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  5,212        

determination of whether the court may impose a sanction under     5,213        

section 2929.18 of the Revised Code that requires the offender to  5,214        

reimburse the expenses of confinement.  If a person is confined    5,216        

for a felony and the court imposes a sanction under section        5,217        

2929.18 of the Revised Code that requires the offender to          5,218        

reimburse the costs of confinement, the prosecuting attorney of    5,219        

the county or city director of law shall bring an action to        5,220        

recover the expenses of confinement in accordance with section     5,221        

2929.18 of the Revised Code.                                                    

                                                          129    

                                                                 
      (2)  The board of county commissioners or the legislative    5,223        

authority of the city may adopt a resolution or ordinance          5,224        

specifying that a person who is convicted of a felony and who is   5,225        

confined in the city workhouse as provided in division (A) of      5,226        

this section is not required to reimburse the county or city, as   5,227        

the case may be, for its expenses incurred by reason of the        5,228        

person's confinement, including the expenses listed in division    5,229        

(B)(1) of this section.  If the board or legislative authority     5,230        

adopts a resolution or ordinance of that nature, the court that    5,231        

sentences a person convicted of a felony shall not impose a        5,232        

sanction under section 2929.18 of the Revised Code that requires   5,233        

the person to reimburse the costs of the confinement.              5,234        

      (C)  In lieu of requiring offenders to reimburse the county  5,237        

or the city for expenses incurred by reason of the person's                     

confinement under division (A) of this section, the board of       5,239        

county commissioners or the legislative authority of the city may               

adopt a prisoner reimbursement policy for the city workhouse       5,240        

under this division.  The workhouse administrator may appoint a    5,241        

reimbursement coordinator to administer the prisoner               5,242        

reimbursement policy.  A prisoner reimbursement policy adopted                  

under this division is a policy that requires a person confined    5,243        

to the workhouse to reimburse the county or city for any expenses  5,244        

it incurs by reason of the person's confinement in the workhouse,  5,245        

which expenses may include, but are not limited to, the            5,246        

following:                                                                      

      (1)  A per diem fee for room and board of not more than      5,248        

sixty dollars per day or the actual per diem cost, whichever is    5,249        

less for the entire period of time the person is confined to the   5,250        

workhouse;                                                                      

      (2)  Actual charges for medical and dental treatment;        5,252        

      (3)  Reimbursement for government property damaged by the    5,254        

person while confined to the workhouse.                            5,255        

      Rates charged shall be on a sliding scale determined by the  5,257        

board of county commissioners or the legislative authority of the  5,258        

                                                          130    

                                                                 
city, based on the ability of the person confined in the           5,259        

workhouse to pay and on consideration of any legal obligation of   5,260        

the person to support a spouse, minor children, or other           5,261        

dependents and any moral obligation to support dependents to whom               

the person is providing or has in fact provided support.           5,262        

      The reimbursement coordinator or another person designated   5,264        

by the workhouse administrator may investigate the financial       5,265        

status of the confined person and obtain information necessary to  5,266        

investigate that status, by means that may include contacting      5,267        

employers and reviewing income tax records.  The coordinator may   5,268        

work with the confined person to create a repayment plan to be                  

implemented upon the person's release.  At the end of the          5,269        

person's incarceration, the person shall be presented with a       5,270        

billing statement.                                                              

      The reimbursement coordinator or another person designated   5,272        

by the workhouse administrator may collect, or the board of        5,273        

county commissioners or the legislative authority of the city may  5,274        

enter into a contract with one or more public agencies or private  5,275        

vendors to collect, any amounts remaining unpaid.  Within twelve   5,276        

months after the date of the confined person's release, the                     

prosecuting attorney or city director of law may file a civil      5,277        

action to seek reimbursement from that person for any billing      5,278        

amount that remains unpaid.  The county or city shall not enforce  5,279        

any judgment obtained under this section by means of execution     5,280        

against the person's homestead.  For purposes of this section,     5,281        

"homestead" has the same meaning as in division (A) of section     5,282        

323.151 of the Revised Code.  Any reimbursement received under     5,283        

this section shall be credited to the general fund of the county   5,284        

or city that bore the expense, to be used for general fund                      

purposes.                                                          5,285        

      (D)(1)  Notwithstanding any contrary provision in this       5,287        

section or section 2929.18 or 2929.223 of the Revised Code, the    5,289        

board of county commissioners or the legislative authority of the               

city may establish a policy that requires any person who is not    5,290        

                                                          131    

                                                                 
indigent and who is confined in the city workhouse to pay a        5,291        

reasonable fee for any medical treatment or service requested by   5,292        

and provided to that person.  This fee shall not exceed the        5,293        

actual cost of the treatment or service provided.  No person       5,294        

confined to a city workhouse who is indigent shall be required to  5,295        

pay those fees, and no person confined to a city workhouse shall   5,296        

be denied any necessary medical care because of inability to pay   5,297        

those fees.                                                                     

      Upon provision of the requested medical treatment or         5,299        

service, payment of the required fee may be automatically          5,300        

deducted from a person's account record in the workhouse's         5,301        

business office.  If the person has no funds in the person's       5,302        

account, a deduction may be made at a later date during the                     

person's confinement in the workhouse if funds later become        5,303        

available in the person's account.  If the person is released      5,304        

from the workhouse and has an unpaid balance of these fees, the    5,305        

board of county commissioners or the legislative authority may     5,306        

bill the person for payment of the remaining unpaid fees.  Fees                 

received for medical treatment or services shall be paid into the  5,307        

commissary fund, if one has been created for the workhouse, or if  5,308        

no commissary fund exists, into the county or city treasury.       5,309        

      (2)  If a person confined to a city workhouse is required    5,311        

under division (B) of this section or section 2929.18 or 2929.223  5,313        

of the Revised Code to reimburse the county or city for expenses   5,314        

incurred by reason of the person's confinement to the workhouse,                

any fees paid by the person under division (D)(1) of this section  5,316        

shall be deducted from the expenses required to be reimbursed                   

under division (b) of this section or section 2929.18 or 2929.223  5,318        

of the Revised Code.                                                            

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        5,320        

GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN   5,321        

DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT      5,322        

OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE           5,323        

WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF    5,324        

                                                          132    

                                                                 
THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER                 

TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, AND     5,325        

OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE OPERATION  5,326        

OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE WORKHOUSE   5,327        

WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV          5,328        

INFECTION, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED  5,329        

INVOLUNTARILY.                                                                  

      Sec. 2950.01.  As used in this chapter, unless the context   5,338        

clearly requires otherwise:                                        5,339        

      (A)  "Confinement" includes, but is not limited to, a        5,341        

community residential sanction imposed pursuant to section         5,342        

2929.16 of the Revised Code.                                                    

      (B)  "Habitual sex offender" means a person who is           5,345        

convicted of or pleads guilty to a sexually oriented offense and   5,346        

who previously has been convicted of or pleaded guilty to one or                

more sexually oriented offenses.                                   5,347        

      (C)  "Prosecutor" has the same meaning as in section         5,350        

2935.01 of the Revised Code.                                                    

      (D)  "Sexually oriented offense" means any of the following  5,352        

offenses:                                                          5,353        

      (1)  Regardless of the age of the victim of the offense, a   5,355        

violation of section 2907.02, 2907.03, 2907.05, or 2907.12 of the  5,356        

Revised Code;                                                      5,357        

      (2)  Any of the following offenses involving a minor, in     5,359        

the circumstances specified:                                       5,360        

      (a)  A violation of section 2905.01, 2905.02, 2905.03,       5,363        

2905.04, 2905.05, or 2907.04 of the Revised Code when the victim   5,364        

of the offense is under eighteen years of age;                                  

      (b)  A violation of section 2907.21 of the Revised Code      5,367        

when the person who is compelled, induced, procured, encouraged,   5,368        

solicited, requested, or facilitated to engage in, paid or agreed  5,369        

to be paid for, or allowed to engage in the sexual activity in     5,370        

question is under eighteen years of age;                           5,371        

      (c)  A violation of division (A)(1) or (3) of section        5,373        

                                                          133    

                                                                 
2907.321 or 2907.322 of the Revised Code;                          5,375        

      (d)  A violation of division (A)(1) or (2) of section        5,377        

2907.323 of the Revised Code;                                      5,378        

      (e)  A violation of division (B)(5) of section 2919.22 of    5,381        

the Revised Code when the child who is involved in the offense is  5,382        

under eighteen years of age.                                       5,383        

      (3)  Regardless of the age of the victim of the offense, a   5,385        

violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the  5,386        

Revised Code, or of division (A) of section 2903.04 of the         5,388        

Revised Code, that is committed with a purpose to gratify the      5,390        

sexual needs or desires of the offender;                                        

      (4)  A sexually violent offense;                             5,392        

      (5)  A violation of any former law of this state that was    5,394        

substantially equivalent to any offense listed in division         5,395        

(D)(1), (2), (3), or (4) of this section;                          5,396        

      (6)  A violation of an existing or former municipal          5,398        

ordinance or law of another state or the United States, or a       5,400        

violation under the law applicable in a military court, that is    5,401        

or was substantially equivalent to any offense listed in division  5,402        

(D)(1), (2), (3), or (4) of this section;                                       

      (7)  An attempt to commit, conspiracy to commit, or          5,404        

complicity in committing any offense listed in division (D)(1),    5,405        

(2), (3), (4), (5), or (6) of this section.                        5,406        

      (E)  "Sexual predator" means a person who has been           5,409        

convicted of or pleaded guilty to committing a sexually oriented   5,410        

offense and is likely to engage in the future in one or more                    

sexually oriented offenses.                                        5,411        

      (F)  "Supervised release" means a release from a prison      5,413        

term, a term of imprisonment, or another type of confinement that  5,415        

satisfies either of the following conditions:                                   

      (1)  The release is on parole, a conditional pardon, or      5,417        

probation, under a furlough TRANSITIONAL CONTROL, or under a       5,418        

post-release control sanction, and it requires the person to       5,420        

report to or be supervised by a parole officer, probation                       

                                                          134    

                                                                 
officer, field officer, or another type of supervising officer.    5,421        

      (2)  The release is any type of release that is not          5,423        

described in division (F)(1) of this section and that requires     5,424        

the person to report to or be supervised by a probation officer,   5,425        

a parole officer, a field officer, or another type of supervising  5,426        

officer.                                                                        

      (G)  An offender is "adjudicated as being a sexual           5,428        

predator" if any of the following applies:                         5,429        

      (1)  The offender is convicted of or pleads guilty to        5,431        

committing, on or after the effective date of this section, a      5,432        

sexually oriented offense that is a sexually violent offense and   5,433        

also is convicted of or pleads guilty to a sexually violent        5,434        

predator specification that was included in the indictment, count  5,436        

in the indictment, or information that charged the sexually        5,437        

violent offense.                                                                

      (2)  Regardless of when the sexually oriented offense was    5,439        

committed, on or after the effective date of this section, the     5,440        

offender is sentenced for a sexually oriented offense, and the     5,441        

sentencing judge determines pursuant to division (B) of section    5,443        

2950.09 of the Revised Code that the offender is a sexual          5,444        

predator.                                                                       

      (3)  Prior to the effective date of this section, the        5,446        

offender was convicted of or pleaded guilty to, and was sentenced  5,448        

for, a sexually oriented offense, the offender is imprisoned in a  5,449        

state correctional institution on or after the effective date of   5,450        

this section, and, prior to the offender's release from            5,451        

imprisonment, the court determines pursuant to division (C) of     5,452        

section 2950.09 of the Revised Code that the offender is a sexual  5,453        

predator.                                                                       

      (H)  "Sexually violent predator specification" and           5,455        

"sexually violent offense" have the same meanings as in section    5,457        

2971.01 of the Revised Code.                                                    

      (I)  "POST-RELEASE CONTROL SANCTION" AND "TRANSITIONAL       5,459        

CONTROL" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE       5,460        

                                                          135    

                                                                 
REVISED CODE.                                                                   

      Sec. 2961.01.  A person convicted of a felony under the      5,469        

laws of this or any other state or the United States, unless his   5,470        

THE conviction is reversed or annulled, is incompetent to be an    5,472        

elector or juror, or to hold an office of honor, trust, or         5,474        

profit.  When any such person CONVICTED OF A FELONY UNDER ANY LAW  5,475        

OF THAT TYPE is granted probation, parole, JUDICIAL RELEASE, or a  5,477        

conditional pardon OR IS RELEASED UNDER A POST-RELEASE CONTROL                  

SANCTION, he THE PERSON is competent to be an elector during the   5,479        

period of probation or, parole, OR RELEASE or until the            5,480        

conditions of his THE pardon have been performed or have           5,483        

transpired, and IS COMPETENT TO BE AN ELECTOR thereafter                        

following his final discharge.  The full pardon of a convict       5,486        

restores the rights and privileges so forfeited under this                      

section, but a pardon shall not release a convict from the costs   5,487        

of his THE CONVICT'S conviction in this state, unless so           5,489        

specified.                                                                      

      Sec. 2963.35.  The chief of the adult parole authority       5,498        

BUREAU OF SENTENCE COMPUTATION OR ANOTHER INDIVIDUAL SPECIFIED BY  5,499        

THE DIRECTOR OF REHABILITATION AND CORRECTION is designated as     5,500        

the administrator as required by Article VII of the agreement      5,501        

adopted pursuant to section 2963.30 of the Revised Code.  The      5,502        

administrator, acting jointly with like officers of other party    5,503        

states, shall, in accordance with Chapter 119. of the Revised      5,504        

Code, promulgate rules and regulations to carry out the terms of                

the agreement.  The administrator is authorized and empowered to   5,505        

cooperate with all departments, agencies, and officers of this     5,506        

state and its political subdivisions, in facilitating the proper   5,507        

administration of the agreement or of any supplementary agreement  5,508        

or agreements entered into by this state thereunder.               5,509        

      Sec. 2967.01.  As used in this chapter:                      5,518        

      (A)  "State correctional institution" includes any           5,521        

institution or facility that is operated by the department of                   

rehabilitation and correction and that is used for the custody,    5,522        

                                                          136    

                                                                 
care, or treatment of criminal, delinquent, or psychologically or  5,523        

psychiatrically disturbed offenders.                               5,524        

      (B)  "Pardon" means the remission of penalty by the          5,526        

governor in accordance with the power vested in the governor by    5,527        

the constitution.                                                  5,528        

      (C)  "Commutation" or "commutation of sentence" means the    5,530        

substitution by the governor of a lesser for a greater             5,531        

punishment.  A stated prison term may be commuted without the      5,533        

consent of the convict, except when granted upon the acceptance    5,534        

and performance by the convict of conditions precedent.  After     5,535        

commutation, the commuted prison term shall be the only one in     5,536        

existence.  The commutation may be stated in terms of commuting    5,537        

from a named offense to a lesser included offense with a shorter   5,539        

prison term, in terms of commuting from a stated prison term in    5,540        

months and years to a shorter prison term in months and years, or  5,541        

in terms of commuting from any other stated prison term to a       5,542        

shorter prison term.                                                            

      (D)  "Reprieve" means the temporary suspension by the        5,544        

governor of the execution of a sentence or prison term.  The       5,545        

governor may grant a reprieve without the consent of and against   5,546        

the will of the convict.                                                        

      (E)  "Parole" means, regarding a prisoner who is serving a   5,548        

prison term for aggravated murder or murder, who is serving a      5,549        

prison term of life imprisonment for rape or felonious sexual      5,550        

penetration, or who was sentenced prior to the effective date of   5,551        

this amendment, a release of the prisoner from confinement in any  5,552        

state correctional institution by the adult parole authority that  5,553        

is subject to the eligibility criteria specified in this chapter   5,554        

and that is under the terms and conditions, and for the period of               

time, prescribed by the authority in its published rules and       5,555        

official minutes or required by division (A) of section 2967.131   5,556        

of the Revised Code or another provision of this chapter.          5,557        

      (F)  "Head of a state correctional institution" or "head of  5,560        

the institution" means the resident head of the institution and    5,561        

                                                          137    

                                                                 
the person immediately in charge of the institution, whether       5,562        

designated warden, superintendent, or any other name by which the  5,563        

head is known.                                                                  

      (G)  "Convict" means a person who has been convicted of a    5,565        

felony under the laws of this state, whether or not actually       5,566        

confined in a state correctional institution, unless the person    5,567        

has been pardoned or has served the person's sentence or prison    5,568        

term.                                                              5,569        

      (H)  "Prisoner" means a person who is in actual confinement  5,571        

in a state correctional institution.                               5,572        

      (I)  "Parolee" means any inmate who has been released from   5,574        

confinement on parole by order of the adult parole authority or    5,575        

conditionally pardoned, who is under supervision of the adult      5,576        

parole authority and has not been granted a final release, and     5,577        

who has not been declared in violation of the inmate's parole by   5,578        

the authority or is performing the prescribed conditions of a      5,579        

conditional pardon.                                                5,580        

      (J)  "Releasee" means an inmate who has been released from   5,582        

confinement pursuant to section 2967.28 of the Revised Code under  5,584        

a period of post-release control that includes one or more                      

post-release control sanctions.                                    5,585        

      (K)  "Final release" means a remission by the adult parole   5,587        

authority of the balance of the sentence or prison term of a       5,588        

parolee or prisoner or the termination by the authority of a term  5,589        

of post-release control of a releasee.                             5,590        

      (L)  "Parole violator" or "release violator" means any       5,592        

parolee or releasee who has been declared to be in violation of    5,593        

the condition of parole or post-release control specified in       5,594        

division (A) of section 2967.131 of the Revised Code or in         5,595        

violation of any other term, condition, or rule of the parolee's   5,596        

or releasee's parole or of the parolee's or releasee's             5,597        

post-release control sanctions, the determination of which has     5,598        

been made by the adult parole authority and recorded in its        5,599        

official minutes.                                                               

                                                          138    

                                                                 
      (M)  "Administrative release" means a termination of         5,601        

jurisdiction over a particular sentence or prison term by the      5,602        

adult parole authority for administrative convenience.             5,603        

      (N)  "Furloughee" means a prisoner who has been released to  5,605        

conditional confinement by the adult parole authority pursuant to  5,606        

section 2967.26 of the Revised Code or who has been released by    5,607        

the department of rehabilitation and correction pursuant to        5,608        

section 2967.27 of the Revised Code.                               5,609        

      (O)  "Post-release control" and "post-release control        5,611        

sanction" have the same meanings as in section 2967.28 of the      5,614        

Revised Code MEANS A PERIOD OF SUPERVISION BY THE ADULT PAROLE     5,615        

AUTHORITY AFTER A PRISONER'S RELEASE FROM IMPRISONMENT THAT        5,616        

INCLUDES ONE OR MORE POST-RELEASE CONTROL SANCTIONS IMPOSED UNDER  5,617        

SECTION 2967.28 OF THE REVISED CODE.                               5,618        

      (O)  "POST-RELEASE CONTROL SANCTION" MEANS A SANCTION THAT   5,621        

IS AUTHORIZED UNDER SECTIONS 2929.16 TO 2929.18 OF THE REVISED     5,623        

CODE AND THAT IS IMPOSED UPON A PRISONER UPON THE PRISONER'S       5,624        

RELEASE FROM A PRISON TERM.                                        5,626        

      (P)  "Prison COMMUNITY CONTROL SANCTION," "PRISON term,"     5,629        

"MANDATORY PRISON TERM," and "stated prison term" have the same    5,630        

meanings as in section 2929.01 of the Revised Code.                5,631        

      (Q)  "TRANSITIONAL CONTROL" MEANS CONTROL OF A PRISONER      5,633        

UNDER THE TRANSITIONAL CONTROL PROGRAM ESTABLISHED BY THE          5,634        

DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 2967.26  5,635        

OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A PROGRAM OF    5,636        

THAT NATURE UNDER THAT SECTION.                                                 

      Sec. 2967.131.  (A)  In addition to any other terms and      5,645        

conditions of a conditional pardon, OR parole, furlough OF         5,646        

TRANSITIONAL CONTROL, or other OF ANOTHER form of authorized       5,649        

release from confinement in a state correctional institution that               

is granted to an individual and that involves the placement of     5,650        

the individual under the supervision of the adult parole           5,651        

authority, and in addition to any other sanctions of post-release  5,652        

control of a felon imposed under section 2967.28 of the Revised    5,653        

                                                          139    

                                                                 
Code, the authority or, in the case of a conditional pardon, the   5,654        

governor shall include in the terms and conditions of the          5,655        

conditional pardon, parole, furlough TRANSITIONAL CONTROL, or      5,656        

other form of authorized release or shall include as a condition   5,658        

of the post-release control the condition that the parolee,                     

furloughee, or releasee INDIVIDUAL OR FELON abide by the law,      5,660        

including, but not limited to, complying with the provisions of    5,661        

Chapter 2923. of the Revised Code relating to the possession,      5,662        

sale, furnishing, transfer, disposition, purchase, acquisition,                 

carrying, conveying, or use of, or other conduct involving, a      5,663        

firearm or dangerous ordnance, as defined in section 2923.11 of    5,664        

the Revised Code, during the period of the parolee's,              5,665        

furloughee's, or releasee's INDIVIDUAL'S OR FELON'S conditional    5,667        

pardon, parole, furlough TRANSITIONAL CONTROL, other form of       5,668        

authorized release, or post-release control.                       5,670        

      (B)  During the period of a conditional pardon, OR parole,   5,672        

furlough OF TRANSITIONAL CONTROL, or other OF ANOTHER form of      5,675        

authorized release from confinement in a state correctional                     

institution that is granted to an individual and that involves     5,676        

the placement of the individual under the supervision of the       5,677        

adult parole authority, and during a period of post-release        5,678        

control of a felon imposed under section 2967.28 of the Revised    5,679        

Code, authorized field officers of the authority who are engaged   5,680        

within the scope of their supervisory duties or responsibilities   5,681        

may search, with or without a warrant, the person of the parolee,  5,682        

furloughee, or releasee INDIVIDUAL OR FELON, the place of          5,684        

residence of the parolee, furloughee, or releasee INDIVIDUAL OR                 

FELON, and a motor vehicle, another item of tangible or            5,686        

intangible personal property, or other real property in which the  5,687        

parolee, furloughee, or releasee INDIVIDUAL OR FELON has a right,  5,689        

title, or interest or for which the parolee, furloughee, or        5,690        

releasee INDIVIDUAL OR FELON has the express or implied            5,692        

permission of a person with a right, title, or interest to use,    5,694        

occupy, or possess, if the field officers have reasonable grounds  5,696        

                                                          140    

                                                                 
to believe that the parolee, furloughee, or releasee INDIVIDUAL    5,697        

OR FELON is not abiding by the law or otherwise is not complying   5,698        

with the terms and conditions of the parolee's, furloughee's, or   5,699        

releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole,     5,700        

furlough TRANSITIONAL CONTROL, other form of authorized release,   5,703        

or post-release control.  The authority shall provide each         5,704        

parolee, furloughee, or releasee INDIVIDUAL WHO IS GRANTED A       5,705        

CONDITIONAL PARDON OR PAROLE, TRANSITIONAL CONTROL, OR ANOTHER     5,706        

FORM OF AUTHORIZED RELEASE FROM CONFINEMENT IN A STATE                          

CORRECTIONAL INSTITUTION AND EACH FELON WHO IS UNDER POST-RELEASE  5,707        

CONTROL with a written notice that informs the parolee,            5,709        

furloughee, or releasee INDIVIDUAL OR FELON that authorized field  5,711        

officers of the authority who are engaged within the scope of      5,714        

their supervisory duties or responsibilities may conduct those     5,715        

types of searches during the period of the conditional pardon,     5,716        

parole, furlough TRANSITIONAL CONTROL, other form of authorized    5,717        

release, or post-release control if they have reasonable grounds   5,718        

to believe that the parolee, furloughee, or releasee INDIVIDUAL    5,719        

OR FELON is not abiding by the law or otherwise is not complying   5,720        

with the terms and conditions of the parolee's, furloughee's, or   5,721        

releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole,     5,723        

furlough TRANSITIONAL CONTROL, other form of authorized release,   5,725        

or post-release control.                                                        

      Sec. 2967.14.  (A)  The adult parole authority may require   5,734        

a parolee or releasee to reside in a halfway house or other        5,735        

suitable community residential center that has been licensed by    5,736        

the division of parole and community services pursuant to          5,737        

division (C) of this section during a part or for the entire       5,739        

period of the parolee's conditional release or of the releasee's   5,740        

term of post-release control.  The court of common pleas that                   

placed an offender under a sanction consisting of a term in a      5,741        

halfway house or in an alternative residential sanction may        5,743        

require the offender to reside in a halfway house or other                      

suitable community residential center that is designated by the    5,744        

                                                          141    

                                                                 
court and that has been licensed by the division pursuant to       5,745        

division (C) of this section during a part or for the entire       5,746        

period of the offender's residential sanction.                     5,747        

      (B)  The division of parole and community services may       5,749        

enter into agreements with any public or private agency or a       5,750        

department or political subdivision of the state that operates a   5,751        

halfway house or community residential center that has been        5,752        

licensed by the division pursuant to division (C) of this          5,753        

section.  An agreement under this division shall provide for       5,754        

housing, supervision, and other services that are required for     5,755        

parolees, releasees, and persons placed under a residential        5,756        

sanction PERSONS who have been assigned to a halfway house or      5,758        

community residential center, INCLUDING PAROLEES, RELEASEES,       5,759        

PERSONS PLACED UNDER A RESIDENTIAL SANCTION, PERSONS UNDER         5,760        

TRANSITIONAL CONTROL, AND OTHER ELIGIBLE OFFENDERS AS DEFINED IN   5,761        

RULES ADOPTED BY THE DIRECTOR OF REHABILITATION AND CORRECTION IN  5,762        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  An agreement    5,763        

under this division shall provide for per diem payments to the     5,764        

agency, department, or political subdivision on behalf of each     5,765        

parolee and releasee assigned to and each person placed under a    5,766        

residential sanction in a halfway house or community residential   5,767        

center that is operated by the agency, department, or political    5,768        

subdivision and that has been licensed by the division.  The per   5,769        

diem payments shall be equal to the halfway house's or community   5,770        

residential center's average daily per capita costs with its       5,771        

facility at full occupancy.  The per diem payments shall not       5,772        

exceed the total operating costs of the halfway house or           5,773        

community residential center during the term of an agreement. The  5,775        

director of rehabilitation and correction shall adopt rules in     5,776        

accordance with Chapter 119. of the Revised Code for determining   5,777        

includable and excludable costs and income to be used in           5,778        

computing the agency's average daily per capita costs with its                  

facility at full occupancy.                                        5,779        

      The department of rehabilitation and correction may use a    5,781        

                                                          142    

                                                                 
portion of the amount appropriated to the department each fiscal   5,782        

year for the halfway house and community residential center        5,783        

program to pay for contracts for nonresidential services for       5,784        

offenders under the supervision of the adult parole authority.     5,785        

The nonresidential services may include, but are not limited to,   5,786        

treatment for substance abuse, mental health counseling, and       5,787        

counseling for sex offenders.                                      5,788        

      (C)  The division of parole and community services may       5,790        

license a halfway house or community residential center as a       5,791        

suitable facility for the care and treatment of adult offenders    5,792        

only if the halfway house or community residential center          5,793        

complies with the standards that the division adopts in            5,794        

accordance with Chapter 119. of the Revised Code for the           5,795        

licensure of halfway houses and community residential centers.     5,796        

The division shall annually inspect each licensed halfway house    5,797        

and licensed community residential center to determine if it is    5,798        

in compliance with the licensure standards.                                     

      Sec. 2967.141.  (A)  AS USED IN THIS SECTION, "ALTERNATIVE   5,801        

RESIDENTIAL FACILITY" HAS THE SAME MEANING AS IN SECTION 2929.01   5,802        

OF THE REVISED CODE.                                               5,803        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION,        5,806        

THROUGH ITS DIVISION OF PAROLE AND COMMUNITY SERVICES, MAY         5,807        

OPERATE OR CONTRACT FOR THE OPERATION OF ONE OR MORE VIOLATION     5,808        

SANCTION CENTERS AS AN ALTERNATIVE RESIDENTIAL FACILITY.  A        5,809        

VIOLATION SANCTION CENTER OPERATED UNDER AUTHORITY OF THIS         5,810        

DIVISION IS NOT A PRISON WITHIN THE MEANING OF DIVISION (CC) OF    5,811        

SECTION 2929.01 OF THE REVISED CODE.  A VIOLATION SANCTION CENTER               

OPERATED UNDER AUTHORITY OF THIS DIVISION MAY BE USED FOR EITHER   5,812        

OF THE FOLLOWING PURPOSES:                                         5,813        

      (1)  SERVICE OF THE TERM OF A MORE RESTRICTIVE POST-RELEASE  5,816        

CONTROL SANCTION THAT THE PAROLE BOARD, SUBSEQUENT TO A HEARING,   5,817        

IMPOSES PURSUANT TO DIVISION (F)(2) OF SECTION 2967.28 OF THE      5,819        

REVISED CODE UPON A RELEASEE WHO HAS VIOLATED A POST-RELEASE       5,820        

CONTROL SANCTION IMPOSED UPON THE RELEASEE UNDER THAT SECTION;     5,821        

                                                          143    

                                                                 
      (2)  SERVICE OF A SANCTION THAT THE ADULT PAROLE AUTHORITY   5,823        

OR PAROLE BOARD IMPOSES UPON A PAROLEE WHOM THE AUTHORITY          5,824        

DETERMINES TO BE A PAROLE VIOLATOR BECAUSE OF A VIOLATION OF THE   5,825        

TERMS AND CONDITIONS OF THE PAROLEE'S PAROLE OR CONDITIONAL        5,826        

PARDON.                                                            5,827        

      (C)  IF A VIOLATION SANCTION CENTER IS ESTABLISHED UNDER     5,830        

THE AUTHORITY OF THIS SECTION, NOTWITHSTANDING THE FACT THAT THE   5,831        

CENTER IS AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE PURPOSES     5,832        

DESCRIBED IN DIVISION (B) OF THIS SECTION, THE CENTER SHALL BE     5,834        

USED ONLY FOR THE PURPOSES DESCRIBED IN THAT DIVISION.  A                       

VIOLATION SANCTION CENTER ESTABLISHED UNDER THE AUTHORITY OF THIS  5,835        

SECTION IS NOT AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE         5,836        

PURPOSE OF IMPOSING SENTENCE ON AN OFFENDER WHO IS CONVICTED OF    5,837        

OR PLEADS GUILTY TO A FELONY, AND A COURT THAT IS SENTENCING AN    5,839        

OFFENDER FOR A FELONY PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF                

THE REVISED CODE SHALL NOT SENTENCE THE OFFENDER TO A COMMUNITY    5,841        

RESIDENTIAL SANCTION THAT REQUIRES THE OFFENDER TO SERVE A TERM    5,842        

IN THE CENTER.                                                                  

      (D)  IF A RELEASEE IS ORDERED TO SERVE A SANCTION IN A       5,844        

VIOLATION SANCTION CENTER, AS DESCRIBED IN DIVISION (B)(1) OF      5,845        

THIS SECTION, ALL OF THE FOLLOWING APPLY:                          5,846        

      (1)  THE RELEASEE SHALL NOT BE CONSIDERED TO BE UNDER A NEW  5,848        

PRISON TERM FOR A VIOLATION OF POST-RELEASE CONTROL.               5,849        

      (2)  THE TIME THE RELEASEE SERVES IN THE CENTER SHALL NOT    5,851        

COUNT TOWARD, AND SHALL NOT BE CONSIDERED IN DETERMINING, THE      5,852        

MAXIMUM CUMULATIVE PRISON TERM FOR ALL VIOLATIONS THAT IS          5,853        

DESCRIBED IN DIVISION (F)(3) OF SECTION 2967.28 OF THE REVISED     5,854        

CODE.                                                                           

      (3)  THE TIME THE RELEASEE SERVES IN THE CENTER SHALL COUNT  5,856        

AS PART OF, AND SHALL BE CREDITED TOWARD, THE REMAINING PERIOD OF  5,857        

POST-RELEASE CONTROL THAT IS APPLICABLE TO THE RELEASEE.           5,858        

      Sec. 2967.15.  (A)  If an adult parole authority field       5,867        

officer has reasonable cause to believe that a person who is a     5,868        

parolee, furloughee, or other releasee, WHO IS UNDER TRANSITIONAL  5,869        

                                                          144    

                                                                 
CONTROL, OR WHO IS UNDER ANOTHER FORM OF AUTHORIZED RELEASE AND    5,870        

WHO IS under the supervision of the adult parole authority has     5,872        

violated or is violating the condition of a conditional pardon,    5,873        

parole, furlough, other form of authorized release, TRANSITIONAL   5,875        

CONTROL, or post-release control specified in division (A) of      5,877        

section 2967.131 of the Revised Code or any other term or          5,878        

condition of the person's conditional pardon, parole, furlough,    5,879        

other form of authorized release, TRANSITIONAL CONTROL, or         5,880        

post-release control, the field officer may arrest the person      5,882        

without a warrant or order a peace officer to arrest the person    5,883        

without a warrant.  A person so arrested shall be confined in the  5,884        

jail of the county in which the person is arrested or in another   5,885        

facility designated by the chief of the adult parole authority     5,886        

until a determination is made regarding the person's release                    

status.  Upon making an arrest under this section, the arresting   5,887        

or supervising adult parole authority field officer promptly       5,888        

shall notify the superintendent of parole supervision or the       5,889        

superintendent's designee, in writing, that the person has been    5,892        

arrested and is in custody and submit in detail an appropriate     5,893        

report of the reason for the arrest.                               5,894        

      (B)  Except as otherwise provided in this division, prior    5,896        

to the revocation by the adult parole authority of a person's      5,898        

pardon, parole, furlough TRANSITIONAL CONTROL, or other release    5,899        

and prior to the imposition by the parole board or adult parole    5,900        

authority of a new prison term as a post-release control sanction  5,901        

for a person, the adult parole authority shall grant the person a  5,902        

hearing in accordance with rules adopted by the department of      5,903        

rehabilitation and correction under Chapter 119. of the Revised    5,904        

Code.  The adult parole authority is not required to grant the                  

person a hearing if the person is convicted of or pleads guilty    5,905        

to an offense that the person committed while released on a        5,906        

pardon, on parole, furlough TRANSITIONAL CONTROL, or other         5,907        

ANOTHER FORM OF release, or on post-release control and upon       5,909        

which the revocation of the person's pardon, parole, furlough      5,910        

                                                          145    

                                                                 
TRANSITIONAL CONTROL, other release, or post-release control is    5,911        

based.                                                             5,912        

      If a person who has been pardoned is found to be a violator  5,914        

of the conditions of the parolee's conditional pardon or           5,915        

commutation of sentence, the authority forthwith shall transmit    5,916        

to the governor its recommendation concerning that violation, and  5,917        

the violator shall be retained in custody until the governor       5,918        

issues an order concerning that violation.                         5,919        

      If the authority fails to make a determination of the case   5,921        

of a parolee or releasee alleged to be a violator of the terms     5,922        

and conditions of the parolee's or releasee's conditional pardon,  5,923        

parole, other release, or post-release control sanctions within a  5,924        

reasonable time, the parolee or releasee shall be released from    5,926        

custody under the same terms and conditions of the parolee's or    5,927        

releasee's original conditional pardon, parole, other release, or  5,928        

post-release control sanctions.                                    5,929        

      (C)(1)  If a person who is a parolee, furloughee, or other   5,931        

releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER       5,932        

ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE    5,933        

ADULT PAROLE AUTHORITY absconds from supervision, the              5,934        

superintendent SUPERVISING ADULT PAROLE AUTHORITY FIELD OFFICER    5,935        

shall report that fact to the authority SUPERINTENDENT OF PAROLE   5,937        

SUPERVISION, in writing, and the authority shall enter an order    5,939        

upon its official minutes declaring DECLARE that person to be a    5,940        

violator at large.  The superintendent, upon UPON being advised    5,942        

of the apprehension and availability for return of a violator at   5,943        

large, THE SUPERINTENDENT OF PAROLE SUPERVISION shall recommend    5,944        

to the authority that DETERMINE WHETHER the violator at large      5,945        

SHOULD be returned to the institution or restored to parole,       5,946        

furlough TRANSITIONAL CONTROL, other ANOTHER form of authorized    5,948        

release, or post-release control.  If the violator is not          5,949        

restored to parole, furlough, other form of authorized release,    5,950        

or post-release control, the violator shall be returned to a       5,952        

state correctional institution.                                                 

                                                          146    

                                                                 
      The time between the date on which a person who is a         5,954        

parolee, furloughee, or other releasee is declared to be a         5,956        

violator or violator at large and the date on which that person    5,957        

is returned to custody in this state under the immediate control   5,958        

of the adult parole authority shall not be counted as time served  5,959        

under the sentence imposed on that person or as a part of the      5,960        

term of post-release control.                                                   

      (2)  A furloughee or a releasee other than a person who is   5,963        

released on parole, conditional pardon, or post-release control    5,964        

PERSON WHO IS UNDER TRANSITIONAL CONTROL OR WHO IS UNDER ANY FORM  5,966        

OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE ADULT PAROLE    5,967        

AUTHORITY is considered to be in custody while UNDER THE           5,968        

TRANSITIONAL CONTROL OR on furlough or other release, and, if the  5,971        

furloughee or releasee PERSON absconds from supervision, the       5,972        

furloughee or releasee PERSON may be prosecuted for the offense    5,973        

of escape.                                                         5,974        

      (D)  A person who is a parolee, furloughee, or other         5,976        

releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER       5,978        

ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE    5,979        

ADULT PAROLE AUTHORITY and who has violated a term or condition    5,981        

of the person's conditional pardon, parole, furlough TRANSITIONAL  5,982        

CONTROL, other form of authorized release, or post-release         5,983        

control shall be declared to be a violator if the person is        5,985        

committed to a correctional institution outside the state to       5,986        

serve a sentence imposed upon the person by a federal court or a   5,987        

court of another state or if the person otherwise leaves the       5,988        

state.                                                                          

      (E)  As used in this section, "peace officer" has the same   5,990        

meaning as in section 2935.01 of the Revised Code.                 5,991        

      Sec. 2967.191.  The adult parole authority DEPARTMENT OF     6,000        

REHABILITATION AND CORRECTION shall reduce the stated prison term  6,002        

of a prisoner OR, IF THE PRISONER IS SERVING A TERM FOR WHICH      6,003        

THERE IS PAROLE ELIGIBILITY, THE MINIMUM AND MAXIMUM TERM OR THE                

PAROLE ELIGIBILITY DATE OF THE PRISONER by the total number of     6,004        

                                                          147    

                                                                 
days that the prisoner was confined for any reason arising out of  6,005        

the offense for which the prisoner was convicted and sentenced,    6,006        

including confinement in lieu of bail while awaiting trial,        6,007        

confinement for examination to determine the prisoner's            6,009        

competence to stand trial or sanity, and confinement while                      

awaiting transportation to the place where the prisoner is to      6,011        

serve the prisoner's prison term.                                               

      Sec. 2967.22.  Whenever it is brought to the attention of    6,020        

the adult parole authority or a county department of probation     6,021        

that a parolee, furloughee, probationer, PERSON UNDER              6,022        

TRANSITIONAL CONTROL, or releasee appears to be a mentally ill     6,025        

person subject to hospitalization by court order, as defined in    6,026        

section 5122.01 of the Revised Code, or a mentally retarded                     

person subject to institutionalization by court order, as defined  6,027        

in section 5123.01 of the Revised Code, the parole or probation    6,028        

officer, subject to the approval of the chief of the adult parole  6,030        

authority, the designee of the chief of the adult parole           6,031        

authority, or the chief probation officer, may file an affidavit   6,032        

under section 5122.11 or 5123.71 of the Revised Code.  A parolee,  6,033        

probationer, or releasee who is involuntarily detained under       6,035        

Chapter 5122. or 5123. of the Revised Code shall receive credit    6,036        

against the period of parole or probation or the term of                        

post-release control for the period of involuntary detention.      6,037        

      If a parolee, probationer, furloughee PERSON UNDER           6,039        

TRANSITIONAL CONTROL, or releasee escapes from an institution or   6,041        

facility within the department of mental health or the department  6,042        

of mental retardation and developmental disabilities, the          6,043        

superintendent of the institution immediately shall notify the     6,044        

chief of the adult parole authority or the chief probation         6,045        

officer.  Notwithstanding the provisions of section 5122.26 of     6,046        

the Revised Code, the procedure for the apprehension, detention,   6,047        

and return of the parolee, probationer, furloughee PERSON UNDER    6,048        

TRANSITIONAL CONTROL, or releasee is the same as that provided     6,049        

for the apprehension, detention, and return of persons who escape  6,050        

                                                          148    

                                                                 
from institutions operated by the department of rehabilitation     6,051        

and correction.  If the escaped parolee, furloughee PERSON UNDER   6,052        

TRANSITIONAL CONTROL, or releasee is not apprehended and returned  6,054        

to the custody of the department of mental health or the           6,055        

department of mental retardation and developmental disabilities    6,056        

within ninety days after the escape, the parolee, furloughee       6,057        

PERSON UNDER TRANSITIONAL CONTROL, or releasee shall be            6,058        

discharged from the custody of the department of mental health or  6,060        

the department of mental retardation and developmental             6,061        

disabilities and returned to the custody of the department of      6,062        

rehabilitation and correction.  If the escaped probationer is not  6,063        

apprehended and returned to the custody of the department of       6,064        

mental health or the department of mental retardation and          6,065        

developmental disabilities within ninety days after the escape,    6,066        

the probationer shall be discharged from the custody of the        6,067        

department of mental health or the department of mental            6,068        

retardation and developmental disabilities and returned to the     6,069        

custody of the court that sentenced the probationer.               6,070        

      Sec. 2967.26.  (A)(1)  Subject to disapproval by the         6,079        

sentencing judge, the adult parole authority may grant furloughs   6,081        

to trustworthy prisoners, other than those serving a prison term                

or term of life imprisonment without parole imposed pursuant to    6,082        

section 2971.03 of the Revised Code or a sentence of imprisonment  6,084        

for life imposed for an offense committed on or after October 19,  6,085        

1981, who are confined in any state correctional institution for   6,086        

the purpose of employment, vocational training, educational        6,087        

programs, or other programs designated by the director of          6,088        

rehabilitation and correction within this state.  The adult        6,089        

parole authority shall not grant a furlough under this section to  6,090        

a prisoner who is serving a prison term or term of life            6,091        

imprisonment without parole imposed pursuant to section 2971.03    6,092        

of the Revised Code or a sentence of imprisonment for life         6,093        

imposed for an offense committed on or after October 19, 1981.     6,094        

Additionally, the adult parole authority shall not grant a         6,096        

                                                          149    

                                                                 
prisoner a furlough under this section if the prisoner has more    6,097        

than six months of imprisonment to serve until the prisoner's                   

parole eligibility, as determined under section 2967.13 of the     6,098        

Revised Code, or until the expiration of the prisoner's stated     6,099        

prison term THE DEPARTMENT OF REHABILITATION AND CORRECTION, BY    6,100        

RULE, MAY ESTABLISH A TRANSITIONAL CONTROL PROGRAM FOR THE         6,101        

PURPOSE OF CLOSELY MONITORING A PRISONER'S ADJUSTMENT TO           6,102        

COMMUNITY SUPERVISION DURING THE FINAL ONE HUNDRED EIGHTY DAYS OF  6,103        

THE PRISONER'S CONFINEMENT.  IF THE DEPARTMENT ESTABLISHES A       6,104        

TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, THE ADULT        6,105        

PAROLE AUTHORITY MAY TRANSFER ELIGIBLE PRISONERS TO TRANSITIONAL   6,106        

CONTROL STATUS UNDER THE PROGRAM DURING THE FINAL ONE HUNDRED      6,107        

EIGHTY DAYS OF THEIR CONFINEMENT AND UNDER THE TERMS AND           6,108        

CONDITIONS ESTABLISHED BY THE DEPARTMENT, SHALL PROVIDE FOR THE    6,109        

CONFINEMENT AS PROVIDED IN THIS DIVISION OF EACH ELIGIBLE          6,110        

PRISONER SO TRANSFERRED, AND SHALL SUPERVISE EACH ELIGIBLE         6,111        

PRISONER SO TRANSFERRED IN ONE OR MORE COMMUNITY CONTROL           6,112        

SANCTIONS.  EACH ELIGIBLE PRISONER WHO IS TRANSFERRED TO           6,113        

TRANSITIONAL CONTROL STATUS UNDER THE PROGRAM SHALL BE CONFINED    6,114        

IN A SUITABLE FACILITY THAT IS LICENSED PURSUANT TO DIVISION (C)   6,116        

OF SECTION 2967.14 OF THE REVISED CODE, OR SHALL BE CONFINED IN A  6,117        

RESIDENCE THE DEPARTMENT HAS APPROVED FOR THIS PURPOSE AND BE      6,118        

MONITORED PURSUANT TO AN ELECTRONIC MONITORING DEVICE, AS DEFINED  6,120        

IN SECTION 2929.23 OF THE REVISED CODE.  IF THE DEPARTMENT         6,121        

ESTABLISHES A TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION,    6,122        

THE RULES ESTABLISHING THE PROGRAM SHALL INCLUDE CRITERIA THAT     6,123        

DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE PROGRAM, CRITERIA      6,124        

THAT MUST BE SATISFIED TO BE APPROVED AS A RESIDENCE THAT MAY BE   6,125        

USED FOR CONFINEMENT UNDER THE PROGRAM OF A PRISONER THAT IS       6,126        

TRANSFERRED TO IT AND PROCEDURES FOR THE DEPARTMENT TO APPROVE     6,127        

RESIDENCES THAT SATISFY THOSE CRITERIA, AND PROVISIONS OF THE      6,128        

TYPE DESCRIBED IN DIVISION (C) OF THIS SECTION.  AT A MINIMUM,     6,130        

THE CRITERIA THAT DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE      6,131        

PROGRAM SHALL PROVIDE ALL OF THE FOLLOWING:                        6,132        

                                                          150    

                                                                 
      (a)  THAT A PRISONER IS ELIGIBLE FOR THE PROGRAM IF THE      6,135        

PRISONER IS SERVING A PRISON TERM OR TERM OF IMPRISONMENT FOR AN   6,136        

OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT    6,137        

AND IF, AT THE TIME AT WHICH ELIGIBILITY IS BEING DETERMINED, THE  6,138        

PRISONER WOULD HAVE BEEN ELIGIBLE FOR A FURLOUGH UNDER THIS        6,139        

SECTION AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF   6,140        

THIS AMENDMENT OR WOULD HAVE BEEN ELIGIBLE FOR CONDITIONAL         6,141        

RELEASE UNDER FORMER SECTION 2967.23 OF THE REVISED CODE AS THAT   6,142        

SECTION EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS    6,143        

AMENDMENT;                                                                      

      (b)  THAT NO PRISONER WHO IS SERVING A MANDATORY PRISON      6,147        

TERM IS ELIGIBLE FOR THE PROGRAM UNTIL AFTER EXPIRATION OF THE     6,148        

MANDATORY TERM;                                                                 

      (c)  THAT NO PRISONER WHO IS SERVING A PRISON TERM OR TERM   6,151        

OF LIFE IMPRISONMENT WITHOUT PAROLE IMPOSED PURSUANT TO SECTION    6,152        

2971.03 OF THE REVISED CODE IS ELIGIBLE FOR THE PROGRAM.           6,154        

      (2)  At least three weeks prior to granting a furlough to a  6,156        

prisoner TRANSFERRING TO TRANSITIONAL CONTROL under this section   6,158        

A PRISONER WHO IS SERVING A TERM OF IMPRISONMENT OR PRISON TERM    6,159        

FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1996, the adult       6,160        

parole authority shall give notice of the pendency of the          6,161        

furlough TRANSFER TO TRANSITIONAL CONTROL to the court of common   6,162        

pleas of the county in which the indictment against the prisoner   6,163        

was found and of the fact that the court may disapprove the grant  6,164        

TRANSFER of the pending furlough PRISONER TO TRANSITIONAL          6,165        

CONTROL.  If the court disapproves of the grant TRANSFER of the    6,166        

pending furlough PRISONER TO TRANSITIONAL CONTROL, the court       6,167        

shall notify the authority of the disapproval within ten days      6,170        

after receipt of the notice.  If the court timely disapproves the               

grant TRANSFER of the pending furlough PRISONER TO TRANSITIONAL    6,172        

CONTROL, the authority shall not proceed with the furlough         6,173        

TRANSFER.  If the court does not timely disapprove the grant       6,174        

TRANSFER of the pending furlough PRISONER TO TRANSITIONAL          6,175        

CONTROL, the authority may proceed with plans for the furlough     6,176        

                                                          151    

                                                                 
TRANSFER THE PRISONER TO TRANSITIONAL CONTROL.                     6,177        

      (3)  If the victim of an offense for which a prisoner was    6,179        

sentenced to a PRISON TERM OR term of imprisonment has requested   6,180        

notification under section 2930.16 of the Revised Code and has     6,181        

provided the department of rehabilitation and correction with the  6,182        

victim's name and address, the adult parole authority, at least    6,183        

three weeks prior to granting a furlough to TRANSFERRING the       6,184        

prisoner TO TRANSITIONAL CONTROL pursuant to this section, shall   6,185        

notify the victim of the pendency of the furlough TRANSFER and of  6,186        

the victim's right to submit a statement to the authority          6,188        

regarding the impact of the release TRANSFER of the prisoner on    6,190        

furlough TO TRANSITIONAL CONTROL.  If the victim subsequently      6,191        

submits a statement of that nature to the authority, the                        

authority shall consider the statement in deciding whether to      6,192        

grant TRANSFER the furlough PRISONER TO TRANSITIONAL CONTROL.      6,194        

      (B)  The department of rehabilitation and correction shall   6,196        

place conditions on the release of any prisoner who is granted a   6,197        

furlough pursuant to this section.  Each furloughed prisoner       6,198        

TRANSFERRED TO TRANSITIONAL CONTROL UNDER THIS SECTION shall be    6,199        

confined IN THE MANNER DESCRIBED IN DIVISION (A) OF THIS SECTION   6,201        

during any period of time that the furloughed prisoner is not      6,202        

actually working at the furloughed prisoner's approved                          

employment, engaged in a vocational training or other ANOTHER      6,204        

educational program, engaged in another program designated by the  6,207        

director pursuant to division (A) of this section, or engaged in   6,208        

other activities approved by the department.  The confinement of   6,209        

the furloughed prisoner shall be in a suitable facility that has   6,211        

been licensed by the division of parole and community services     6,212        

pursuant to division (C) of section 2967.14 of the Revised Code.   6,213        

      The division of parole and community services may enter      6,216        

into agreements with any agency, public or private, or a                        

department or political subdivision of the state, that operates a  6,217        

facility that has been licensed by the division pursuant to        6,218        

division (C) of section 2967.14 of the Revised Code.  An           6,219        

                                                          152    

                                                                 
agreement shall provide for housing, supervision, and other        6,220        

services that are required for furloughed prisoners who are        6,221        

assigned to the facility.  An agreement shall provide for per      6,222        

diem payments to the agency, department, or political subdivision  6,223        

on behalf of each furloughed prisoner who is assigned to a         6,224        

facility that is operated by the agency, department, or political  6,225        

subdivision and that has been licensed by the division.  The per   6,226        

diem payments shall be equal to the facility's average daily per   6,227        

capita costs with its facility at full occupancy.  The per diem    6,228        

payments shall not exceed the total operating costs of the         6,229        

facility during the term of an agreement.  The director of         6,230        

rehabilitation and correction shall adopt rules in accordance      6,231        

with Chapter 119. of the Revised Code for determining includable   6,232        

and excludable costs and income to be used in computing the        6,233        

agency's average daily per capita costs with its facility at full  6,234        

occupancy.                                                         6,235        

      (C)  The adult parole authority, subject to approval by the  6,237        

director DEPARTMENT of rehabilitation and correction, shall adopt  6,239        

rules for granting furloughs TRANSFERRING ELIGIBLE PRISONERS TO    6,240        

TRANSITIONAL CONTROL, supervising and confining prisoners on       6,241        

furlough SO TRANSFERRED, and administering the furlough            6,243        

TRANSITIONAL CONTROL program in accordance with this section, AND  6,244        

USING THE MONIES DEPOSITED INTO THE TRANSITIONAL CONTROL FUND      6,245        

ESTABLISHED UNDER DIVISION (E) OF THIS SECTION.                                 

      (D)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     6,247        

ADOPT RULES FOR THE ISSUANCE OF PASSES FOR THE LIMITED PURPOSES    6,248        

DESCRIBED IN THIS DIVISION TO PRISONERS WHO ARE TRANSFERRED TO     6,249        

TRANSITIONAL CONTROL UNDER THIS SECTION.  IF THE DEPARTMENT        6,250        

ADOPTS RULES OF THAT NATURE, THE RULES SHALL GOVERN THE GRANTING   6,251        

OF THE PASSES AND SHALL PROVIDE FOR THE SUPERVISION OF PRISONERS   6,252        

WHO ARE TEMPORARILY RELEASED PURSUANT TO ONE OF THOSE PASSES.      6,253        

UPON THE ADOPTION OF RULES UNDER THIS DIVISION, THE DEPARTMENT     6,255        

MAY ISSUE PASSES TO PRISONERS WHO ARE TRANSFERRED TO TRANSITIONAL  6,256        

CONTROL STATUS UNDER THIS SECTION IN ACCORDANCE WITH THE RULES     6,257        

                                                          153    

                                                                 
AND THE PROVISIONS OF THIS DIVISION.  ALL PASSES ISSUED UNDER      6,258        

THIS DIVISION SHALL BE FOR A MAXIMUM OF FORTY-EIGHT HOURS AND MAY  6,259        

BE ISSUED ONLY FOR THE FOLLOWING PURPOSES:                         6,260        

      (1)  TO VISIT A DYING RELATIVE;                              6,262        

      (2)  TO ATTEND THE FUNERAL OF A RELATIVE;                    6,264        

      (3)  TO VISIT WITH FAMILY;                                   6,266        

      (4)  TO OTHERWISE AID IN THE REHABILITATION OF THE           6,268        

PRISONER.                                                          6,269        

      (E)  The adult parole authority may require the A prisoner   6,272        

on furlough WHO IS TRANSFERRED TO TRANSITIONAL CONTROL to pay to   6,273        

the division of parole and community services the reasonable       6,275        

expenses incurred by the division in supervising or confining the  6,276        

prisoner on furlough WHILE UNDER TRANSITIONAL CONTROL.  Inability  6,277        

to pay those reasonable expenses shall not be grounds for          6,280        

refusing to grant a furlough to TRANSFER an otherwise eligible     6,281        

prisoner TO TRANSITIONAL CONTROL.  Amounts received by the         6,282        

division of parole and community services under this division      6,284        

shall be deposited into the furlough services TRANSITIONAL         6,285        

CONTROL fund that, WHICH is hereby created in the state treasury   6,287        

AND WHICH HEREBY REPLACES AND SUCCEEDS THE FURLOUGH SERVICES FUND  6,288        

THAT FORMERLY EXISTED IN THE STATE TREASURY.  ALL MONIES THAT      6,289        

REMAIN IN THE FURLOUGH SERVICES FUND ON THE EFFECTIVE DATE OF                   

THIS AMENDMENT SHALL BE TRANSFERRED ON THAT DATE TO THE            6,290        

TRANSITIONAL CONTROL FUND.  The TRANSITIONAL CONTROL fund shall    6,291        

be used solely to pay costs related to the operation of the        6,292        

furlough education and work release program TRANSITIONAL CONTROL   6,293        

PROGRAM ESTABLISHED UNDER THIS SECTION.  The director of           6,294        

rehabilitation and correction shall adopt rules in accordance      6,295        

with section 111.15 of the Revised Code for the use of the fund.   6,296        

      (E)(F)  A prisoner who violates any rule established by the  6,298        

adult parole authority DEPARTMENT OF REHABILITATION AND            6,300        

CORRECTION under division (A), (C), OR (D) of this section may be  6,302        

returned TRANSFERRED to the A state correctional institution in    6,303        

which the prisoner had been confined prior to furlough PURSUANT    6,305        

                                                          154    

                                                                 
TO RULES ADOPTED UNDER DIVISION (A), (C), OR (D) OF THIS SECTION,  6,306        

but the prisoner shall receive credit towards completing the       6,308        

prisoner's sentence for the time spent on furlough UNDER           6,309        

TRANSITIONAL CONTROL.                                                           

      IF A PRISONER IS TRANSFERRED TO TRANSITIONAL CONTROL UNDER   6,311        

THIS SECTION, UPON SUCCESSFUL COMPLETION OF THE PERIOD OF          6,312        

TRANSITIONAL CONTROL, THE PRISONER MAY BE RELEASED ON PAROLE OR    6,314        

UNDER POST-RELEASE CONTROL PURSUANT TO SECTION 2967.13 OR 2967.28  6,315        

OF THE REVISED CODE AND RULES ADOPTED BY THE DEPARTMENT OF                      

REHABILITATION AND CORRECTION.  IF THE PRISONER IS RELEASED UNDER  6,316        

POST-RELEASE CONTROL, THE DURATION OF THE POST-RELEASE CONTROL,    6,318        

THE TYPE OF POST-RELEASE CONTROL SANCTIONS THAT MAY BE IMPOSED,    6,319        

THE ENFORCEMENT OF THE SANCTIONS, AND THE TREATMENT OF PRISONERS   6,320        

WHO VIOLATE ANY SANCTION APPLICABLE TO THE PRISONER ARE GOVERNED   6,321        

BY SECTION 2967.28 OF THE REVISED CODE.                            6,322        

      Sec. 2967.27.  (A)(1)  Subject to disapproval by the         6,331        

sentencing judge for a furlough granted under divisions (A)(1)(c)  6,332        

to (g) of this section, the THE department of rehabilitation and   6,333        

correction may grant furloughs ESCORTED VISITS to trustworthy      6,335        

prisoners confined in any state correctional facility for the      6,336        

custody and rehabilitation of persons convicted of crime, except   6,337        

that the department shall not grant a furlough for any purpose     6,338        

other than the purposes described in division (A)(1)(a) or (b) of  6,339        

this section to a prisoner serving a sentence of life              6,340        

imprisonment that was imposed for an offense committed on or       6,341        

after October 19, 1981, or to a prisoner serving a prison term or  6,342        

term of life imprisonment without parole imposed pursuant to       6,344        

section 2971.03 of the Revised Code.  The department may           6,345        

authorize furloughs under this section for the LIMITED purpose     6,347        

of:                                                                             

      (a)  Visiting VISITING a dying relative;                     6,349        

      (b)  Attending OR ATTENDING the funeral of a relative;       6,351        

      (c)  Arranging for a suitable parole plan, or an             6,353        

educational or vocational furlough plan;                           6,354        

                                                          155    

                                                                 
      (d)  Arranging for employment;                               6,356        

      (e)  Arranging for suitable residence;                       6,358        

      (f)  Visiting with family;                                   6,360        

      (g)  Otherwise aiding in the rehabilitation of the inmate.   6,362        

      (2)  At least three weeks prior PRIOR to granting a          6,364        

furlough ANY PRISONER AN ESCORTED VISIT FOR THE LIMITED PURPOSE    6,365        

OF VISITING A DYING RELATIVE OR ATTENDING THE FUNERAL OF A         6,366        

RELATIVE under divisions (A)(1)(c) to (g) of this section, the     6,368        

department shall give notice of the pendency of the furlough to    6,369        

the court of common pleas of the county in which the indictment    6,371        

against the prisoner was found and of the fact that the court may  6,372        

disapprove the grant of the pending furlough.  If the court        6,373        

disapproves of the grant, the court shall notify the department                 

of the disapproval within ten days after receipt of the notice.    6,374        

If the court timely disapproves the grant of the pending           6,375        

furlough, the department shall not proceed with the furlough.  If  6,376        

the court does not timely disapprove the grant of the pending      6,377        

furlough, the department may proceed with plans for the furlough   6,378        

NOTIFY ITS OFFICE OF VICTIMS' SERVICES SO THAT THE OFFICE MAY      6,379        

PROVIDE ASSISTANCE TO ANY VICTIM OR VICTIMS OF THE OFFENSE         6,380        

COMMITTED BY THE PRISONER AND TO MEMBERS OF THE FAMILY OF THE      6,381        

VICTIM.                                                                         

      (3)  If the victim of an offense for which a prisoner was    6,383        

sentenced to a term of imprisonment has requested notification     6,385        

under section 2930.16 of the Revised Code and has provided the                  

department of rehabilitation and correction with the victim's      6,386        

name and address, the department, at least three weeks prior to    6,388        

granting a furlough to the prisoner pursuant to divisions          6,389        

(A)(1)(c) to (g) of this section and as soon as practicable prior  6,390        

to granting a furlough to the prisoner pursuant to division        6,391        

(A)(1)(a) or (b) of this section, shall notify the victim of the   6,393        

pendency of the furlough and of the victim's right to submit a                  

statement regarding the impact of the release of the prisoner on   6,395        

furlough.  If the victim subsequently submits a statement of that  6,397        

                                                          156    

                                                                 
nature to the department, the department shall consider the        6,398        

statement in deciding whether to grant the furlough.                            

      (B)  The department of rehabilitation and correction shall   6,400        

adopt rules for THE granting furloughs OF ESCORTED VISITS under    6,402        

this section, AND FOR supervising prisoners on furlough, and       6,403        

administering the furlough program.  The rules shall contain the   6,405        

following prohibitions:                                                         

      (1)  No prisoner who is serving a sentence of life           6,407        

imprisonment that was imposed for an offense committed on or       6,408        

after October 19, 1981, or a prison term or term of life           6,409        

imprisonment without parole imposed pursuant to section 2971.03    6,410        

of the Revised Code shall be eligible for a furlough for any       6,411        

purpose described in division (A)(1)(a) or (b) of this section     6,412        

unless a corrections officer or another corrections staff person   6,413        

accompanies the prisoner at all times while on furlough;           6,414        

      (2)  No prisoner shall be eligible for furlough under this   6,418        

section who has served less than six months in a state             6,419        

correctional institution, except in the situation of attending     6,420        

the funeral of a member of the prisoner's immediate family, or     6,421        

attending a bedside visit with a member of the prisoner's                       

immediate family who is ill and bedridden AN ESCORTED VISIT.       6,422        

      (C)  No prisoner shall be granted a furlough AN ESCORTED     6,424        

VISIT under this section if the prisoner is likely to pose a       6,426        

threat to the public safety or has a record of more than two       6,428        

felony commitments (including the present charge), not more than   6,429        

one of which may be for a crime of an assaultive nature.           6,430        

      (D)  Furloughs may be granted under this section only upon   6,432        

the written approval of the director of the department of          6,433        

rehabilitation and correction or if the director deems it          6,434        

appropriate, by the assistant director of the department, or the   6,435        

wardens within the department.                                     6,436        

      (E)  Furloughs granted under this section shall be for a     6,439        

period no longer than is reasonably necessary to accomplish the    6,440        

purposes of this section, but in no event shall a furlough extend  6,441        

                                                          157    

                                                                 
beyond seven days, nor shall the total furlough time granted to a  6,442        

prisoner within any calendar year exceed fourteen days except      6,443        

furloughs granted under divisions (A)(1)(c) and (d) of this        6,444        

section.                                                                        

      (F)  A prisoner who violates any rule established by the     6,446        

department of rehabilitation and correction under this section     6,447        

may be returned to the state correctional institution from which   6,449        

the prisoner was furloughed, but such a violation does not         6,450        

constitute cause for denial of credit toward completion of the     6,451        

prisoner's sentence of the time the prisoner was on furlough THE   6,452        

PROCEDURE FOR GRANTING AN ESCORTED VISIT UNDER THIS SECTION IS     6,453        

SEPARATE FROM, AND INDEPENDENT OF, THE TRANSITIONAL CONTROL        6,454        

PROGRAM DESCRIBED IN SECTION 2967.26 OF THE REVISED CODE.          6,455        

      Sec. 2967.28.  (A)  As used in this section:                 6,464        

      (1)  "Post-release control" means a period of supervision    6,467        

by the adult parole authority after release from imprisonment                   

that includes one or more post-release control sanctions imposed   6,468        

under this section.                                                6,469        

      (2)  "Post-release control sanction" means a sanction that   6,472        

is authorized under sections 2929.16 to 2929.18 of the Revised     6,473        

Code and that is imposed upon a prisoner upon the prisoner's       6,474        

release from a prison term.                                                     

      (3)  "Monitored time" means the monitored time sanction      6,477        

specified in section 2929.17 of the Revised Code.                  6,478        

      (4)(2)  "Deadly weapon" and "dangerous ordnance" have the    6,481        

same meanings as in section 2923.11 of the Revised Code.           6,482        

      (5)(3)  "Felony sex offense" means a violation of a section  6,484        

contained in Chapter 2907. of the Revised Code that is a felony.   6,486        

      (B)  Each sentence to a prison term for a felony of the      6,489        

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  6,491        

sex offense and in the commission of which the offender caused or  6,492        

threatened to cause physical harm to a person shall include a                   

requirement that the offender be subject to a period of            6,493        

                                                          158    

                                                                 
post-release control imposed by the parole board after the         6,494        

offender's release from imprisonment.  Unless reduced by the       6,495        

parole board pursuant to division (D) of this section when         6,496        

authorized under that division, a period of post-release control   6,498        

required by this division for an offender shall be of one of the   6,499        

following periods:                                                              

      (1)  For a felony of the first degree or for a felony sex    6,501        

offense, five years;                                               6,502        

      (2)  For a felony of the second degree that is not a felony  6,504        

sex offense, three years;                                          6,505        

      (3)  For a felony of the third degree that is not a felony   6,507        

sex offense and in the commission of which the offender caused or  6,508        

threatened physical harm to a person, three years.                 6,509        

      (C)  Any sentence to a prison term for a felony of the       6,512        

third, fourth, or fifth degree that is not subject to division     6,513        

(B)(1) or (3) of this section shall include a requirement that     6,514        

the offender be subject to a period of post-release control of up  6,515        

to three years after the offender's release from imprisonment, if  6,516        

the parole board, in accordance with division (D) of this          6,517        

section, determines that a period of post-release control is       6,518        

necessary for that offender.                                                    

      (D)(1)  Before the prisoner is released from imprisonment,   6,521        

the parole board shall impose upon a prisoner described in         6,523        

division (B) of this section, may impose upon a prisoner           6,524        

described in division (C) of this section, and shall impose upon   6,525        

a prisoner described in division (B)(2)(b) of section 5120.031 or  6,526        

in division (B)(1) of section 5120.032 of the Revised Code, one    6,528        

or more post-release control sanctions to apply during the         6,529        

prisoner's period of post-release control.  Whenever the board                  

imposes one or more post-release control sanctions upon a          6,530        

prisoner, the board, in addition to imposing the sanctions, also   6,531        

shall include as a condition of the post-release control the       6,532        

mandatory condition described in division (A) of section 2967.131  6,533        

of the Revised Code.  The board may impose any other conditions    6,534        

                                                          159    

                                                                 
of release under a post-release control sanction that the board                 

considers appropriate.  Prior to the release of a prisoner for     6,536        

whom it will impose one or more post-release control sanctions     6,537        

under this division, the parole board shall review the prisoner's  6,538        

criminal history, all juvenile court adjudications finding the     6,540        

prisoner, while a juvenile, to be a delinquent child, and the      6,541        

record of the prisoner's conduct while imprisoned.  The parole     6,542        

board shall consider any recommendation regarding post-release     6,543        

control sanctions for the prisoner made by the office of victims'               

services.  After considering those materials, the board shall      6,544        

determine, for a prisoner described in division (B) of this        6,546        

section, division (B)(2)(b) of section 5120.031, or division       6,547        

(B)(1) of section 5120.032 of the Revised Code, which              6,548        

post-release control sanction or combination of post-release       6,549        

control sanctions is reasonable under the circumstances or, for a  6,550        

prisoner described in division (C) of this section, whether a      6,551        

post-release control sanction is necessary and, if so, which       6,552        

post-release control sanction or combination of post-release       6,553        

control sanctions is reasonable under the circumstances.  In the   6,554        

case of a prisoner convicted of a felony of the fourth or fifth    6,556        

degree other than a felony sex offense, the board shall presume                 

that monitored time is the appropriate post-release control        6,557        

sanction unless the board determines that a more restrictive       6,558        

sanction is warranted.  A post-release control sanction imposed    6,559        

under this division takes effect upon the prisoner's release from  6,560        

imprisonment.                                                      6,561        

      (2)  At any time after a prisoner is released from           6,564        

imprisonment and during the period of post-release control                      

applicable to the releasee, the adult parole authority may review  6,567        

the releasee's behavior under the post-release control sanctions   6,568        

imposed upon the releasee under this section.  The authority may                

determine, based upon the review and in accordance with the        6,569        

standards established under division (E) of this section, that a   6,570        

more restrictive or a less restrictive sanction is appropriate     6,572        

                                                          160    

                                                                 
and may impose a different sanction.  Unless the period of         6,573        

post-release control was imposed for an offense described in       6,574        

division (B)(1) of this section, the authority also may recommend  6,575        

that the parole board reduce the duration of the period of         6,576        

post-release control imposed by the court.  If the authority       6,577        

recommends that the board reduce the duration of control for an    6,578        

offense described in division (B)(2), (B)(3), or (C) of this       6,579        

section, the board shall review the releasee's behavior and may    6,581        

reduce the duration of the period of control imposed by the        6,582        

court.  In no case shall the board reduce the duration of the      6,583        

period of control imposed by the court for an offense described                 

in division (B)(1) of this section, and in no case shall the       6,584        

board eliminate the mandatory condition described in division (A)  6,585        

of section 2967.131 of the Revised Code.                           6,586        

      (E)  The department of rehabilitation and correction, in     6,588        

accordance with Chapter 119. of the Revised Code, shall adopt      6,589        

rules that do all of the following:                                6,590        

      (1)  Establish standards for the imposition by the parole    6,593        

board of post-release control sanctions under this section that    6,594        

are consistent with the overriding purposes and sentencing                      

principles set forth in section 2929.11 of the Revised Code and    6,596        

that are appropriate to the needs of releasees;                                 

      (2)  Establish standards by which the parole board can       6,598        

determine which prisoners described in division (C) of this        6,600        

section should be placed under a period of post-release control;   6,601        

      (3)  Establish standards to be used by the parole board in   6,604        

reducing the duration of the period of post-release control                     

imposed by the court when authorized under division (D) of this    6,605        

section, in imposing a more restrictive post-release control       6,607        

sanction than monitored time upon a prisoner convicted of a                     

felony of the fourth or fifth degree other than a felony sex       6,609        

offense, or in imposing a less restrictive control sanction upon   6,611        

a releasee based on the releasee's activities including, but not   6,612        

limited to, remaining free from criminal activity and from the     6,613        

                                                          161    

                                                                 
abuse of alcohol or other drugs, successfully participating in     6,614        

approved rehabilitation programs, maintaining employment, and                   

paying restitution to the victim or meeting the terms of other     6,615        

financial sanctions;                                               6,616        

      (4)  Establish standards to be used by the adult parole      6,618        

authority in modifying a releasee's post-release control           6,619        

sanctions pursuant to division (D)(2) of this section;             6,620        

      (5)  Establish standards to be used by the adult parole      6,622        

authority or parole board in imposing further sanctions under      6,623        

division (F) of this section on releasees who violate              6,624        

post-release control sanctions, including standards that do the    6,625        

following:                                                                      

      (a)  Classify violations according to the degree of          6,627        

seriousness;                                                                    

      (b)  Define the circumstances under which formal action by   6,630        

the parole board is warranted;                                                  

      (c)  Govern the use of evidence at violation hearings;       6,632        

      (d)  Ensure procedural due process to an alleged violator;   6,634        

      (e)  Prescribe nonresidential community control sanctions    6,637        

for most misdemeanor and technical violations;                                  

      (f)  Provide procedures for the return of a releasee to      6,639        

imprisonment for violations of post-release control.               6,640        

      (F)(1)  If a post-release control sanction is imposed upon   6,642        

an offender under this section, the offender upon release from     6,644        

imprisonment shall be under the general jurisdiction of the adult  6,646        

parole authority and generally shall be supervised by the parole   6,647        

supervision section through its staff of parole and field                       

officers as described in section 5149.04 of the Revised Code, as   6,649        

if the offender had been placed on parole.  If the offender upon   6,650        

release from imprisonment violates the post-release control        6,651        

sanction or the mandatory condition described in division (A) of   6,652        

section 2967.131 of the Revised Code, the public or private                     

person or entity that operates or administers the sanction or the  6,654        

program or activity that comprises the sanction shall report the   6,655        

                                                          162    

                                                                 
violation directly to the adult parole authority or to the         6,656        

officer of the authority who supervises the offender.  The         6,657        

authority's officers may treat the offender as if the offender     6,658        

were on parole and in violation of the parole, and otherwise       6,659        

shall comply with this section.                                                 

      (2)  If the adult parole authority determines that a         6,661        

releasee has violated a post-release control sanction or the       6,662        

mandatory condition described in division (A) of section 2967.131  6,663        

of the Revised Code imposed upon the releasee and that a more      6,665        

restrictive sanction is appropriate, the authority may impose a    6,666        

more restrictive sanction upon the releasee, in accordance with    6,667        

the standards established under division (E) of this section, or   6,669        

may report the violation to the parole board for a hearing                      

pursuant to division (F)(3) of this section.  The authority may    6,671        

not, pursuant to this division, increase the duration of the       6,672        

releasee's post-release control, impose as a post-release control  6,673        

sanction a residential sanction that includes a prison term, or    6,674        

eliminate the mandatory condition described in division (A) of     6,675        

section 2967.131 of the Revised Code.                              6,676        

      (3)  The parole board may hold a hearing on any alleged      6,679        

violation by a releasee of a post-release control sanction or the  6,680        

mandatory condition described in division (A) of section 2967.131  6,681        

of the Revised Code imposed upon the releasee.  If after the                    

hearing the board finds that the releasee violated the sanction    6,684        

or mandatory condition, the board may increase the duration of     6,686        

the releasee's post-release control up to the maximum duration     6,687        

authorized by division (B) or (C) of this section or impose a      6,688        

more restrictive post-release control sanction, but in no case     6,689        

shall the board eliminate the mandatory condition described in     6,690        

division (A) of section 2967.131 of the Revised Code.  When        6,691        

appropriate, the board may impose as a post-release control        6,692        

sanction a residential sanction that includes a prison term.  The  6,694        

board shall consider a prison term as a post-release control                    

sanction imposed for a violation of post-release control when the  6,695        

                                                          163    

                                                                 
violation involves a deadly weapon or dangerous ordnance,          6,697        

physical harm or attempted serious physical harm to a person, or   6,698        

sexual misconduct, or when the releasee committed repeated         6,699        

violations of post-release control sanctions.  The period of a     6,700        

prison term that is imposed as a post-release control sanction     6,702        

under this division shall not exceed nine months, and the maximum  6,703        

cumulative prison term for all violations under this section       6,704        

shall not exceed one-half of the stated prison term originally     6,705        

imposed upon the offender as part of this sentence.  The period    6,706        

of a prison term that is imposed as a post-release control         6,707        

sanction under this division shall not count as, or be credited    6,708        

toward, the remaining period of post-release control.                           

      (4)  A releasee who has violated any post-release control    6,711        

sanction or the mandatory condition described in division (A) of   6,712        

section 2967.131 of the Revised Code imposed upon the releasee by               

committing a felony may be prosecuted for the new felony, and,     6,714        

upon conviction, the court shall impose sentence for the new       6,715        

felony.  In addition to the sentence imposed for the new felony,   6,716        

the court may impose a prison term for the violation, and the      6,717        

term imposed for the violation shall be reduced by the prison      6,718        

term that is administratively imposed by the parole board or       6,719        

adult parole authority as a post-release control sanction.  The                 

maximum prison term for the violation shall be either the maximum  6,721        

period of post-release control for the earlier felony under                     

division (B) or (C) of this section minus any time the releasee    6,724        

has spent under post-release control for the earlier felony or     6,725        

twelve months, whichever is greater.  A prison term imposed for    6,726        

the violation shall be served consecutively to any prison term     6,727        

imposed for the new felony.  A prison term imposed for the         6,728        

violation, and a prison term imposed for the new felony, shall                  

not count as, or be credited toward, the remaining period of       6,729        

post-release control imposed for the earlier felony.               6,730        

      (5)  Any period of post-release control shall commence upon  6,732        

an offender's actual release from prison.  If an offender is       6,733        

                                                          164    

                                                                 
serving an indefinite prison term or a life sentence in addition   6,734        

to a stated prison term, the offender shall serve the period of    6,735        

post-release control in the following manner:                      6,736        

      (a)  If a period of post-release control is imposed upon     6,738        

the offender and if the offender also is subject to a period of    6,739        

parole under a life sentence or an indefinite sentence, and if     6,740        

the period of post-release control ends prior to the period of     6,741        

parole, the offender shall be supervised on parole.  The offender  6,742        

shall receive credit for post-release control supervision during   6,743        

the period of parole.  The offender is not eligible for final      6,744        

release under section 2967.16 of the Revised Code until the                     

post-release control period otherwise would have ended.            6,745        

      (b)  If a period of post-release control is imposed upon     6,747        

the offender and if the offender also is subject to a period of    6,748        

parole under an indefinite sentence, and if the period of parole   6,749        

ends prior to the period of post-release control, the offender     6,750        

shall be supervised on post-release control.  The requirements of  6,751        

parole supervision shall be satisfied during the post-release      6,752        

control period.                                                                 

      (c)  If an offender is subject to more than one period of    6,754        

post-release control, the period of post-release control for all   6,755        

of the sentences shall be the period of post-release control that  6,756        

expires last, as determined by the parole board.  Periods of       6,757        

post-release control shall be served concurrently and shall not    6,758        

be imposed consecutively to each other.                                         

      (d)  The period of post-release control for a releasee who   6,761        

commits a felony while under post-release control for an earlier   6,762        

felony shall be the longer of the period of post-release control   6,763        

specified for the new felony under division (B) or (C) of this     6,764        

section or the time remaining under the period of post-release     6,765        

control imposed for the earlier felony as determined by the        6,766        

parole board.                                                                   

      Sec. 3313.65.  (A)  As used in this section and section      6,775        

3313.64 of the Revised Code:                                       6,776        

                                                          165    

                                                                 
      (1)  A person is "in a residential facility" if the person   6,778        

is a resident or a resident patient of an institution, home, or    6,779        

other residential facility that is:                                6,780        

      (a)  Licensed as a nursing home, residential care facility,  6,782        

or home for the aging by the director of health under section      6,784        

3721.02 of the Revised Code or licensed as a community             6,785        

alternative home by the director of health under section 3724.03   6,786        

of the Revised Code;                                                            

      (b)  Licensed as an adult care facility by the director of   6,788        

health under Chapter 3722. of the Revised Code;                    6,789        

      (c)  Maintained as a county home or district home by the     6,791        

board of county commissioners or a joint board of county           6,792        

commissioners under Chapter 5155. of the Revised Code;             6,793        

      (d)  Operated or administered by a board of alcohol, drug    6,795        

addiction, and mental health services under section 340.03 or      6,796        

340.06 of the Revised Code, or provides residential care pursuant  6,797        

to contracts made under section 340.03 or 340.033 of the Revised   6,798        

Code;                                                              6,799        

      (e)  Maintained as a state institution for the mentally ill  6,801        

under Chapter 5119. of the Revised Code;                           6,802        

      (f)  Licensed by the department of mental health under       6,804        

section 5119.20 or 5119.22 of the Revised Code;                    6,805        

      (g)  Licensed as a residential facility by the department    6,807        

of mental retardation and developmental disabilities under         6,808        

section 5123.19 of the Revised Code;                               6,809        

      (h)  Operated by the veteran's administration or another     6,811        

agency of the United States government;                            6,812        

      (i)  The Ohio soldiers' and sailors' home.                   6,814        

      (2)  A person is "in a correctional facility" if any of the  6,816        

following apply:                                                   6,817        

      (a)  The person is an Ohio resident and is:                  6,819        

      (i)  Imprisoned, as defined in section 1.05 of the Revised   6,821        

Code;                                                              6,822        

      (ii)  Serving a term in a community-based correctional       6,824        

                                                          166    

                                                                 
facility or a district community-based correctional facility;      6,825        

      (iii)  Required, as a condition of parole, shock parole,     6,827        

probation, shock probation, furlough TRANSITIONAL CONTROL, or      6,829        

early release from imprisonment, AS A CONDITION OF SHOCK PAROLE    6,830        

OR SHOCK PROBATION GRANTED UNDER THE LAW IN EFFECT PRIOR TO JULY   6,831        

1, 1996, OR AS A CONDITION OF A FURLOUGH GRANTED UNDER THE         6,832        

VERSION OF SECTION 2967.26 OF THE REVISED CODE IN EFFECT PRIOR TO  6,833        

THE EFFECTIVE DATE OF THIS AMENDMENT to reside in a halfway house  6,834        

or other community residential center licensed under section       6,835        

2967.14 of the Revised Code or a similar facility designated by    6,836        

the common pleas court that established the condition or by the    6,837        

adult parole authority.                                                         

      (b)  The person is imprisoned in a state correctional        6,839        

institution of another state or a federal correctional             6,840        

institution but was an Ohio resident at the time the sentence was  6,841        

imposed for the crime for which the person is imprisoned.          6,842        

      (3)  A person is "in a juvenile residential placement" if    6,844        

the person is an Ohio resident who is under twenty-one years of    6,845        

age and has been removed, by the order of a juvenile court, from   6,846        

the place the person resided at the time the person became         6,847        

subject to the court's jurisdiction in the matter that resulted    6,848        

in the person's removal.                                                        

      (B)  If the circumstances described in division (C) of this  6,850        

section apply, the determination of what school district must      6,851        

admit a child to its schools and what district, if any, is liable  6,852        

for tuition shall be made in accordance with this section, rather  6,853        

than section 3313.64 of the Revised Code.                          6,854        

      (C)  A child who does not reside in the school district in   6,856        

which the child's parent resides and for whom a tuition            6,857        

obligation previously has not been established under division      6,858        

(C)(2) of section 3313.64 of the Revised Code shall be admitted    6,859        

to the schools of the district in which the child resides if at    6,860        

least one of the child's parents is in a residential or            6,861        

correctional facility or a juvenile residential placement and the  6,862        

                                                          167    

                                                                 
other parent, if living and not in such a facility or placement,   6,863        

is not known to reside in this state.                              6,864        

      (D)  Regardless of who has custody or care of the child,     6,866        

whether the child resides in a home, or whether the child          6,867        

receives special education, if a district admits a child under     6,868        

division (C) of this section, tuition shall be paid to that        6,869        

district as follows:                                                            

      (1)  If the child's parent is in a juvenile residential      6,871        

placement, by the district in which the child's parent resided at  6,872        

the time the parent became subject to the jurisdiction of the      6,873        

juvenile court;                                                    6,874        

      (2)  If the child's parent is in a correctional facility,    6,876        

by the district in which the child's parent resided at the time    6,877        

the sentence was imposed;                                          6,878        

      (3)  If the child's parent is in a residential facility, by  6,880        

the district in which the parent resided at the time the parent    6,881        

was admitted to the residential facility, except that if the       6,882        

parent was transferred from another residential facility, tuition  6,883        

shall be paid by the district in which the parent resided at the   6,884        

time the parent was admitted to the facility from which the        6,885        

parent first was transferred;                                      6,886        

      (4)  In the event of a disagreement as to which school       6,888        

district is liable for tuition under division (C)(1), (2), or (3)  6,889        

of this section, the superintendent of public instruction shall    6,890        

determine which district shall pay tuition.                        6,891        

      (E)  If a child covered by division (D) of this section      6,893        

receives special education in accordance with Chapter 3323. of     6,894        

the Revised Code, the tuition shall be paid in accordance with     6,895        

section 3323.13 or 3323.14 of the Revised Code.  Tuition for       6,896        

children who do not receive special education shall be paid in     6,897        

accordance with division (I) of section 3313.64 of the Revised     6,898        

Code.                                                              6,899        

      Sec. 5120.031.  (A)  As used in this section:                6,909        

      (1)  "Certificate of high school equivalence" means a        6,911        

                                                          168    

                                                                 
statement that is issued by the state board of education or an     6,912        

equivalent agency of another state and that indicates that its     6,913        

holder has achieved the equivalent of a high school education as   6,914        

measured by scores obtained on the tests of general educational    6,915        

development published by the American council on education.        6,916        

      (2)  "Certificate of adult basic education" means a          6,918        

statement that is issued by the department of rehabilitation and   6,919        

correction through the Ohio central school system approved by the  6,920        

state board of education and that indicates that its holder has    6,921        

achieved a 6.0 grade level, or higher, as measured by scores of    6,922        

nationally standardized or recognized tests.                       6,923        

      (3)   "Deadly weapon" and "firearm" have the same meanings   6,925        

as in section 2923.11 of the Revised Code.                         6,926        

      (4)  "Eligible offender" means a person, other than one who  6,928        

is ineligible to participate in an intensive program prison under  6,930        

the criteria specified in section 5120.032 of the Revised Code,    6,931        

who has been convicted of or pleaded guilty to, and has been       6,933        

sentenced for, a felony.                                                        

      (5)  "Shock incarceration" means the program of              6,935        

incarceration that is established pursuant to the rules of the     6,936        

department of rehabilitation and correction adopted under this     6,937        

section.                                                           6,938        

      (B)(1)  The director of rehabilitation and correction, by    6,940        

rules adopted under Chapter 119. of the Revised Code, shall        6,941        

establish a pilot program of shock incarceration that may be used  6,942        

for eligible offenders who are sentenced to serve a term of        6,943        

imprisonment under the custody of the department of                6,944        

rehabilitation and correction and whom the department, subject to  6,945        

the approval of the sentencing judge, may permit to serve their    6,947        

sentence as a sentence of shock incarceration in accordance with   6,948        

this section.                                                                   

      (2)  The rules for the pilot program shall require that the  6,950        

program be established at an appropriate state correctional        6,951        

institution designated by the director and that the program        6,952        

                                                          169    

                                                                 
consist of both of the following for each eligible offender whom   6,954        

the department, with the approval of the sentencing judge,         6,956        

permits to serve the eligible offender's sentence as a sentence    6,957        

of shock incarceration:                                            6,958        

      (a)  A period of imprisonment at that institution of ninety  6,960        

days that shall consist of a military style combination of         6,961        

discipline, physical training, and hard labor and substance abuse  6,962        

education, employment skills training, social skills training,     6,963        

and psychological treatment.  During the ninety-day period, the    6,964        

department may permit an eligible offender to participate in a     6,965        

self-help program.  Additionally, during the ninety-day period,    6,966        

an eligible offender who holds a high school diploma or a          6,967        

certificate of high school equivalence may be permitted to tutor   6,968        

other eligible offenders in the shock incarceration program.  If   6,969        

an eligible offender does not hold a high school diploma or        6,970        

certificate of high school equivalence, the eligible offender may  6,971        

elect to participate in an education program that is designed to   6,973        

award a certificate of adult basic education or an education       6,974        

program that is designed to award a certificate of high school     6,975        

equivalence to those eligible offenders who successfully complete  6,976        

the education program, whether the completion occurs during or     6,977        

subsequent to the ninety-day period.  To the extent possible, the  6,978        

department shall use as teachers in the education program persons  6,979        

who have been issued a license pursuant to sections 3319.22 to     6,980        

3319.31 of the Revised Code, who have volunteered their services   6,981        

to the education program, and who satisfy any other criteria       6,982        

specified in the rules for the pilot project.                      6,983        

      (b)  Immediately following the ninety-day period of          6,985        

imprisonment, and notwithstanding any other provision governing    6,986        

the furlough or other early release of a prisoner from             6,987        

imprisonment OR THE TRANSFER OF A PRISONER TO TRANSITIONAL         6,988        

CONTROL, one of the following, as determined by the director:      6,989        

      (i)  An intermediate, transitional type of detention for     6,992        

the period of time determined by the director and, immediately     6,993        

                                                          170    

                                                                 
following the intermediate, transitional type of detention, a      6,994        

release under a post-release control sanction imposed in           6,995        

accordance with section 2967.28 of the Revised Code.  The period   6,997        

of intermediate, transitional type of detention imposed by the     6,998        

director under this division may be in a halfway house, in a       6,999        

community-based correctional facility and program or district      7,000        

community-based correctional facility and program established      7,001        

under sections 2301.51 to 2301.56 of the Revised Code, or in any   7,002        

other facility approved by the director that provides for          7,003        

detention to serve as a transition between imprisonment in a       7,004        

state correctional institution and release from imprisonment.      7,005        

      (ii)  A release under a post-release control sanction        7,008        

imposed in accordance with section 2967.28 of the Revised Code.    7,009        

      (3)  The rules for the pilot program also shall include,     7,011        

but are not limited to, all of the following:                      7,012        

      (a)  Rules identifying the locations within the state        7,014        

correctional institution designated by the director that will be   7,015        

used for eligible offenders serving a sentence of shock            7,016        

incarceration;                                                     7,017        

      (b)  Rules establishing specific schedules of discipline,    7,019        

physical training, and hard labor for eligible offenders serving   7,020        

a sentence of shock incarceration, based upon the offender's       7,021        

physical condition and needs;                                      7,022        

      (c)  Rules establishing standards and criteria for the       7,024        

department to use in determining which eligible offenders the      7,025        

department will permit to serve their sentence of imprisonment as  7,026        

a sentence of shock incarceration;                                 7,027        

      (d)  Rules establishing guidelines for the selection of      7,031        

post-release control sanctions for eligible offenders;             7,033        

      (e)   Rules establishing procedures for notifying            7,036        

sentencing courts of the performance of eligible offenders         7,037        

serving their sentences of imprisonment as a sentence of shock     7,038        

incarceration;                                                     7,039        

      (f)  Any other rules that are necessary for the proper       7,042        

                                                          171    

                                                                 
conduct of the pilot program.                                                   

      (C)(1)  Subject to disapproval by the sentencing judge, if   7,044        

an eligible offender is sentenced to a term of imprisonment under  7,046        

the custody of the department, the department may permit the       7,047        

eligible offender to serve the sentence as a sentence of shock     7,048        

incarceration, in accordance with this section and the rules       7,049        

adopted under this section.  At least three weeks prior to                      

permitting an eligible offender to serve a sentence of shock       7,052        

incarceration, the department shall notify the sentencing judge                 

of the proposed shock incarceration and of the fact that the       7,053        

judge may disapprove it.  If the sentencing judge disapproves of   7,055        

shock incarceration for the eligible offender, the judge shall     7,056        

notify the department of the disapproval within ten days after                  

receipt of the notice, and the department shall not permit the     7,058        

eligible offender to serve a sentence of shock incarceration.  If  7,059        

the judge does not timely disapprove of shock incarceration for    7,060        

the eligible offender, the department may proceed with plans for   7,061        

the shock incarceration.                                                        

      (2)  If the department permits an eligible offender to       7,063        

serve the eligible offender's sentence of imprisonment as a        7,064        

sentence of shock incarceration and the eligible offender does     7,065        

not satisfactorily complete the entire period of imprisonment      7,066        

described in division (B)(2)(a) of this section, the offender      7,067        

shall be removed from the pilot program for shock incarceration    7,068        

and shall be required to serve the remainder of the offender's     7,069        

sentence of imprisonment imposed by the sentencing court as a      7,071        

regular term of imprisonment.  If the eligible offender commences  7,072        

a period of post-release control described in division (B)(2)(b)   7,074        

of this section and violates the conditions of that post-release   7,075        

control, the eligible offender shall be subject to the provisions  7,076        

of sections 2967.15 and 2967.28 of the Revised Code regarding      7,078        

violation of post-release control sanctions.                                    

      (3)  If an eligible offender's stated prison term expires    7,082        

at any time during the eligible offender's participation in the    7,084        

                                                          172    

                                                                 
shock incarceration program, the adult parole authority shall      7,085        

terminate the eligible offender's participation in the program     7,087        

and shall issue to the eligible offender a certificate of          7,089        

expiration of the stated prison term.                              7,090        

      (D)  The director shall keep sentencing courts informed of   7,092        

the performance of eligible offenders serving their sentences of   7,093        

imprisonment as a sentence of shock incarceration, including, but  7,094        

not limited to, notice of eligible offenders who fail to           7,095        

satisfactorily complete their entire sentence of shock             7,096        

incarceration or who satisfactorily complete their entire          7,097        

sentence of shock incarceration.                                   7,098        

      (E)  Within a reasonable period of time after November 20,   7,101        

1990, the director shall appoint a committee to search for one or  7,104        

more suitable sites at which one or more programs of shock         7,105        

incarceration, in addition to the pilot program required by        7,106        

division (B)(1) of this section, may be established.  The search                

committee shall consist of the director or the director's          7,107        

designee, as chairman CHAIRPERSON; employees of the department of  7,109        

rehabilitation and correction appointed by the director; and any   7,110        

other persons that the director, in the director's discretion,     7,111        

appoints.  In searching for such sites, the search committee       7,113        

shall give preference to any site owned by the state or any other  7,114        

governmental entity and to any existing structure that reasonably  7,115        

could be renovated, enlarged, converted, or remodeled for          7,116        

purposes of establishing such a program.  The search committee     7,117        

shall prepare a report concerning its activities and, on the       7,118        

earlier of the day that is twelve months after the first day on    7,119        

which an eligible offender began serving a sentence of shock       7,120        

incarceration under the pilot program or January 1, 1992, shall    7,121        

file the report with the president and the minority leader of the  7,122        

senate, the speaker and the minority leader of the house of        7,123        

representatives, the members of the senate who were members of     7,124        

the senate judiciary committee in the 118th general assembly or    7,125        

their successors, and the members of the house of representatives  7,126        

                                                          173    

                                                                 
who were members of the select committee to hear drug legislation  7,127        

that was established in the 118th general assembly or their        7,128        

successors.  Upon the filing of the report, the search committee   7,129        

shall terminate.  The report required by this division shall       7,130        

contain all of the following:                                      7,131        

      (1)  A summary of the process used by the search committee   7,133        

in performing its duties under this division;                      7,134        

      (2)  A summary of all of the sites reviewed by the search    7,136        

committee in performing its duties under this division, and the    7,137        

benefits and disadvantages it found relative to the establishment  7,138        

of a program of shock incarceration at each such site;             7,139        

      (3)  The findings and recommendations of the search          7,141        

committee as to the suitable site or sites, if any, at which a     7,142        

program of shock incarceration, in addition to the pilot program   7,143        

required by division (B)(1) of this section, may be established.   7,144        

      (F)  The director periodically shall review the pilot        7,146        

program for shock incarceration required to be established by      7,147        

division (B)(1) of this section.  The director shall prepare a     7,148        

report relative to the pilot program and, on the earlier of the    7,149        

day that is twelve months after the first day on which an          7,150        

eligible offender began serving a sentence of shock incarceration  7,151        

under the pilot program or January 1, 1992, shall file the report  7,152        

with the president and the minority leader of the senate, the      7,153        

speaker and the minority leader of the house of representatives,   7,154        

the members of the senate who were members of the senate           7,155        

judiciary committee in the 118th general assembly or their         7,156        

successors, and the members of the house of representatives who    7,157        

were members of the select committee to hear drug legislation      7,158        

that was established in the 118th general assembly or their        7,159        

successors.  The pilot program shall not terminate at the time of  7,160        

the filing of the report, but shall continue in operation in       7,161        

accordance with this section.  The report required by this         7,162        

division shall include all of the following:                       7,163        

      (1)  A summary of the pilot program as initially             7,165        

                                                          174    

                                                                 
established, a summary of all changes in the pilot program made    7,166        

during the period covered by the report and the reasons for the    7,167        

changes, and a summary of the pilot program as it exists on the    7,168        

date of preparation of the report;                                 7,169        

      (2)  A summary of the effectiveness of the pilot program,    7,171        

in the opinion of the director and employees of the department     7,172        

involved in its operation;                                         7,173        

      (3)  An analysis of the total cost of the pilot program, of  7,175        

its cost per inmate who was permitted to serve a sentence of       7,176        

shock incarceration and who served the entire sentence of shock    7,177        

incarceration, and of its cost per inmate who was permitted to     7,178        

serve a sentence of shock incarceration;                           7,179        

      (4)  A summary of the standards and criteria used by the     7,181        

department in determining which eligible offenders were permitted  7,182        

to serve their sentence of imprisonment as a sentence of shock     7,183        

incarceration;                                                     7,184        

      (5)  A summary of the characteristics of the eligible        7,186        

offenders who were permitted to serve their sentence of            7,187        

imprisonment as a sentence of shock incarceration, which summary   7,188        

shall include, but not be limited to, a listing of every offense   7,189        

of which any such eligible offender was convicted or to which any  7,190        

such eligible offender pleaded guilty and in relation to which     7,191        

the eligible offender served a sentence of shock incarceration,    7,193        

and the total number of such eligible offenders who were           7,194        

convicted of or pleaded guilty to each such offense;               7,195        

      (6)  A listing of the number of eligible offenders who were  7,197        

permitted to serve a sentence of shock incarceration and who did   7,198        

not serve the entire sentence of shock incarceration, and, to the  7,199        

extent possible, a summary of the length of the terms of           7,200        

imprisonment served by such eligible offenders after they were     7,201        

removed from the pilot program;                                    7,202        

      (7)  A summary of the effect of the pilot program on         7,204        

overcrowding at state correctional institutions;                   7,205        

      (8)  To the extent possible, an analysis of the rate of      7,207        

                                                          175    

                                                                 
recidivism of eligible offenders who were permitted to serve a     7,208        

sentence of shock incarceration and who served the entire          7,209        

sentence of shock incarceration;                                   7,210        

      (9)  Recommendations as to legislative changes to the pilot  7,212        

program that would assist in its operation or that could further   7,213        

alleviate overcrowding at state correctional institutions, and     7,214        

recommendations as to whether the pilot program should be          7,215        

expanded.                                                          7,216        

      Sec. 5120.05.  Except as otherwise provided as to            7,225        

appointments by chiefs of divisions, the director of               7,226        

rehabilitation and correction shall appoint the employees that     7,227        

are necessary for the efficient conduct of the department of       7,228        

rehabilitation and correction and shall prescribe their titles     7,229        

and duties.  The department OF REHABILITATION AND CORRECTION may   7,230        

maintain, operate, manage, and govern all state institutions for   7,233        

the custody, control, training, and rehabilitation of persons      7,234        

convicted of crime and sentenced to correctional institutions.     7,235        

      The department may designate correctional institutions by    7,237        

appropriate respective names.                                      7,238        

      The department may receive from the department of youth      7,240        

services any children in the custody of the department of youth    7,241        

services, committed to the department of rehabilitation and        7,242        

correction by the department of youth services, upon the terms     7,243        

and conditions that are agreed upon by the departments.            7,244        

      Sec. 5120.06.  (A)  The following divisions are hereby       7,253        

established in the department of rehabilitation and correction:    7,256        

      (A)(1)  The division of business administration;             7,258        

      (B)(2)  The division of parole and community services.       7,260        

      (B)  The director OF REHABILITATION AND CORRECTION may       7,262        

establish other OFFICES, divisions IN ADDITION TO THOSE SPECIFIED  7,264        

IN DIVISION (A) OF THIS SECTION, BUREAUS, AND OTHER                7,265        

ADMINISTRATIVE UNITS WITHIN THE DEPARTMENT OF REHABILITATION AND   7,266        

CORRECTION and prescribe their powers and duties.                  7,267        

      Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of  7,276        

                                                          176    

                                                                 
the Revised Code:                                                               

      (A)  "Private, nonprofit organization" means a private       7,278        

association, organization, corporation, or other entity that is    7,279        

exempt from federal income taxation under section 501(a) and is    7,280        

described in section 501(c) of the "Internal Revenue Code of       7,281        

1986," 100 stat. STAT. 2085, 26 U.S.C.A. 501, as amended.          7,282        

      (B)  "Governmental agency" means a state agency; a           7,284        

municipal corporation, county, township, other political           7,285        

subdivision or special district in this state established by or    7,286        

pursuant to law, or a combination of those political subdivisions  7,287        

or special districts; the United States or a department,                        

division, or agency of the United States; or an agency,            7,288        

commission, or authority established pursuant to an interstate     7,289        

compact or agreement.                                              7,290        

      (C)  "State agency" means the state or one of its branches,  7,292        

offices, boards, commissions, authorities, departments,            7,293        

divisions, or other units or agencies of the state.                7,294        

      (D)  "Halfway house organization" means a private,           7,296        

nonprofit organization or a governmental agency that provides      7,297        

programs or activities in areas directly concerned with housing    7,298        

AND MONITORING offenders who are under the community supervision   7,300        

of the department of rehabilitation and correction or whom a       7,301        

court places in a halfway house pursuant to section 2929.16 of     7,302        

the Revised Code.                                                               

      (E)  "Halfway house facility" means a capital facility in    7,304        

this state to which all of the following apply:                    7,305        

      (1)  The construction of the capital facility is authorized  7,308        

or funded by the general assembly pursuant to division (C) of      7,309        

section 5120.105 of the Revised Code.                                           

      (2)  The state owns or has a sufficient real property        7,311        

interest in the capital facility or in the site of the capital     7,312        

facility for a period of not less than the greater of the useful   7,313        

life of the capital facility, as determined by the director of     7,314        

budget and management using the guidelines for maximum maturities  7,316        

                                                          177    

                                                                 
as provided under divisions (B), (C), and (E) of section 133.20    7,317        

of the Revised Code and certified to the department of             7,318        

rehabilitation and correction and the Ohio building authority, or  7,319        

the final maturity of obligations issued by the Ohio building                   

authority to finance the capital facility.                         7,320        

      (3)  The capital facility is managed directly by, or by      7,322        

contract with, the department of rehabilitation and correction     7,323        

and is used for housing offenders who are under the community      7,324        

supervision of the department of rehabilitation and correction or  7,325        

whom a court places in a halfway house pursuant to section         7,326        

2929.16 of the Revised Code.                                       7,327        

      (F)  "Construction" includes acquisition, demolition,        7,329        

reconstruction, alteration, renovation, remodeling, enlargement,   7,330        

improvement, site improvements, and related equipping and          7,331        

furnishing.                                                                     

      (G)  "General building services" means general building      7,334        

services for a halfway house facility that include, but are not    7,335        

limited to, general custodial care, security, maintenance,         7,336        

repair, painting, decoration, cleaning, utilities, fire safety,    7,337        

grounds and site maintenance and upkeep, and plumbing.             7,338        

      (H)  "Manage," "operate," or "management" means the          7,341        

provision of, or the exercise of control over the provision of,    7,342        

activities that relate to the housing of offenders in              7,343        

correctional facilities, including, but not limited to, providing  7,344        

for release services for offenders who are under the community     7,345        

supervision of the department of rehabilitation and correction,    7,346        

whom OR ARE PLACED BY a court places in a halfway house pursuant   7,347        

to section 2929.16 of the Revised Code, and who reside in halfway  7,348        

house facilities.                                                  7,349        

      Sec. 5120.103.  (A)  To the extent that funds are            7,359        

available, the department of rehabilitation and correction, in     7,360        

accordance with this section and sections 5120.104 and 5120.105    7,361        

of the Revised Code, may construct or provide for the              7,362        

construction of halfway house facilities for offenders whom a      7,363        

                                                          178    

                                                                 
court places in a halfway house pursuant to section 2929.16 of     7,364        

the Revised Code or who are eligible for community supervision by  7,365        

the department of rehabilitation and correction.                   7,366        

      (B)  A halfway house organization that seeks to construct    7,368        

ASSIST IN THE PROGRAM PLANNING OF a halfway house facility         7,369        

described in division (A) of this section shall file an            7,370        

application with the director of rehabilitation and correction.    7,371        

The applicant shall submit with the application a plan that        7,372        

specifies all of the services that will be provided to offenders   7,373        

whom a court places in a halfway house pursuant to section         7,374        

2929.16 of the Revised Code or who are eligible for community      7,375        

supervision by the department of rehabilitation and correction     7,376        

and who reside in the halfway house facility AS SET FORTH IN A     7,377        

REQUEST FOR PROPOSAL.  Upon the submission of an application, the  7,378        

division of parole and community services shall review it and, if  7,379        

the division believes it is appropriate, shall submit a            7,380        

recommendation for its approval to the director.  When the         7,381        

division submits a recommendation for approval of an application,  7,382        

the director may approve the application.  The director shall not  7,383        

take action or fail to take action, or permit the taking of        7,385        

action or the failure to take action, with respect to halfway      7,386        

house facilities that would adversely affect the exclusion of      7,387        

interest on public obligations or on fractionalized interests in   7,388        

public obligations from gross income for federal income tax        7,389        

purposes, or the classification or qualification of the public     7,390        

obligations or the interest on or fractionalized interests in      7,391        

public obligations for, or their exemption from, other treatment   7,392        

under the Internal Revenue Code.                                                

      (C)  The director of rehabilitation and correction and the   7,394        

halfway house organization may enter into an agreement             7,395        

establishing terms for the construction PROGRAM PLANNING of the    7,396        

halfway house facility.  Any terms so established shall conform    7,398        

to the terms of any covenant or agreement pertaining to an                      

obligation from which the funds used for the construction of the   7,399        

                                                          179    

                                                                 
halfway house facility are derived.                                7,400        

      (D)  The director of rehabilitation and correction, in       7,402        

accordance with Chapter 119. of the Revised Code, shall adopt      7,403        

rules that specify procedures by which a halfway house             7,404        

organization may apply for construction A CONTRACT FOR PROGRAM     7,405        

PLANNING of a halfway house facility CONSTRUCTED under this        7,406        

section, procedures for the department to follow in considering    7,407        

an application, criteria for granting approval of an application,  7,408        

and any other rules that are necessary for the proper conduct of   7,409        

the construction SELECTION OF PROGRAM PLANNERS of a halfway house  7,410        

facility.                                                                       

      Sec. 5120.104.  (A)  It is hereby declared to be a public    7,421        

purpose and an essential governmental function of the state that   7,422        

the department of rehabilitation and correction, in the name of    7,423        

the state and for the use and benefit of the department,           7,424        

purchase, acquire, construct, own, lease, or sublease capital      7,425        

facilities or sites for capital facilities for use as halfway      7,426        

house facilities.                                                               

      (B)  The director of rehabilitation and correction may       7,429        

lease or sublease capital facilities or sites for capital          7,430        

facilities under division (A) of this section to or from, and may  7,431        

make any other agreement with respect to the purchase,             7,432        

construction, management, or operation of those capital                         

facilities with, a halfway house organization that has the         7,433        

authority under the law to operate those capital facilities and    7,435        

OR the Ohio building authority.  The director may make any lease,  7,437        

sublease, or other agreement under this division without the       7,438        

necessity for advertisement, auction, competitive bidding, court                

order, or other action or formality otherwise required by law.     7,439        

Notwithstanding any other provision of the Revised Code, the       7,440        

director shall make each lease or sublease to or from the Ohio     7,441        

building authority in accordance with division (D) of section      7,442        

152.24 of the Revised Code.                                                     

      (C)  The director, by a sale, lease, sublease, release, or   7,445        

                                                          180    

                                                                 
other agreement, may dispose of real or personal property or a     7,446        

lesser interest in real or personal property that is held or       7,447        

owned by the state for the use and benefit of the department, if   7,448        

the department does not need the property or interest for its      7,449        

purposes.  The department shall make a sale, lease, sublease,      7,450        

release, or other agreement under this division upon the terms     7,451        

that it determines, subject to the approval by the governor in     7,452        

the case of a sale, lease, sublease, release, or other agreement   7,453        

regarding real property or an interest in real property.  The      7,454        

director may make a lease, sublease, or other grant of use of      7,455        

property or an interest in property under this division without    7,456        

the necessity for advertisement, auction, competitive bidding,     7,457        

court order, or other action or formality otherwise required by    7,458        

law.                                                                            

      (D)  The director may grant an easement or other interest    7,460        

in real property held by the state for the use and benefit of the  7,461        

department if that easement or interest will not interfere with    7,462        

the use of the property as a halfway house facility.               7,463        

      (E)  All property purchased, acquired, constructed, owned,   7,466        

leased, or subleased by the department in the exercise of its      7,467        

powers and duties are public property used exclusively for a       7,468        

public purpose, and that property and the income derived by the    7,469        

department from the property are exempt from all taxation within   7,470        

this state, including without limitation, ad valorem and excise    7,471        

taxes.                                                                          

      Sec. 5120.105.  (A)  The department of administrative        7,480        

services shall provide for the construction of a halfway house     7,481        

facility in conformity with Chapter 153. of the Revised Code,      7,482        

except that construction services may be provided by the           7,484        

department of rehabilitation and correction or by a halfway house               

organization that occupies, will occupy, or is responsible for     7,485        

the management of the facility, as determined by the department    7,486        

of rehabilitation and correction.  The construction services to    7,487        

be provided by the halfway house organization under this division  7,488        

                                                          181    

                                                                 
shall be specified in an agreement between the department of       7,489        

rehabilitation and correction, the department of administrative    7,490        

services, and the halfway house organization.                      7,491        

      (B)  In the absence of an agreement as specified in this     7,494        

division, the general building services for THE DIRECTOR OF        7,495        

REHABILITATION AND CORRECTION MAY ENTER INTO AN AGREEMENT WITH A   7,496        

HALFWAY HOUSE ORGANIZATION FOR THE MANAGEMENT OF a halfway house   7,497        

facility shall be provided by the department of rehabilitation     7,499        

and correction or by a halfway house organization that occupies,   7,500        

will occupy, or is responsible for the management of the           7,501        

facility, as determined by the department of rehabilitation and    7,502        

correction.  The halfway house organization that occupies, will    7,503        

occupy, or is responsible for the management of a halfway house    7,504        

facility shall pay the costs of management of and general          7,505        

building services for the halfway house facility as provided in    7,506        

an agreement between the department of rehabilitation and          7,507        

correction and the halfway house organization.                     7,508        

      (C)  No state funds, including state bond proceeds, shall    7,511        

be spent on the construction of a halfway house facility under     7,512        

sections 5120.102 to 5120.105 of the Revised Code, unless the      7,514        

general assembly has specifically authorized the spending of       7,515        

money on, or has made an appropriation to the department of        7,516        

rehabilitation and correction for, the construction of the         7,517        

halfway house facility or rental payments relating to the          7,518        

financing of the construction of that facility.  An authorization  7,519        

to spend money or an appropriation for planning a halfway house    7,520        

facility does not constitute an authorization to spend money on,   7,521        

or an appropriation for, the construction of that facility.        7,522        

Capital funds for the construction of halfway house facilities     7,523        

under sections 5120.102 to 5120.105 of the Revised Code shall be   7,526        

paid from the adult correctional building fund created by the      7,527        

general assembly in the custody of the state treasurer.            7,528        

      Sec. 5120.16.  (A)  Persons sentenced to any institution,    7,537        

division, or place under the control and management of the         7,538        

                                                          182    

                                                                 
department of rehabilitation and correction are committed to the   7,539        

control, care, and custody of the department.  Subject to          7,540        

division (B) of this section, the director of rehabilitation and   7,541        

correction or the director's designee may direct that persons      7,543        

sentenced to the department, or to any institution or place        7,544        

within the department, shall first be conveyed INITIALLY to an     7,545        

appropriate facility established and maintained by the department  7,546        

for reception, examination, observation, and classification of     7,547        

the persons so sentenced.  If a presentence investigation report   7,548        

was not prepared pursuant to section 2947.06 or 2951.03 of the     7,549        

Revised Code or Criminal Rule 32.2 regarding any person sentenced  7,550        

to the department or to any institution or place within the        7,551        

department, the director or the director's designee may order the  7,552        

department's field staff to conduct an offender background         7,553        

investigation and prepare an offender background investigation     7,554        

report regarding the person.  The investigation and report shall   7,555        

be conducted in accordance with division (A) of section 2951.03    7,556        

of the Revised Code and the report shall contain the same          7,557        

information as a presentence investigation report prepared         7,558        

pursuant to that section.                                          7,559        

      When the examination, observation, and classification of     7,561        

the person have been completed by the facility and a written       7,562        

report of the examination, observation, and classification is      7,563        

filed with the commitment papers, the director or the director's   7,564        

designee, subject to division (B) of this section, shall assign    7,565        

the person to a suitable state institution or place maintained by  7,566        

the state within the director's department or shall designate      7,567        

that the person is to be housed in a county, multicounty,          7,568        

municipal, municipal-county, or multicounty-municipal jail or      7,569        

workhouse, if authorized by section 5120.161 of the Revised Code,               

there to be confined, cared for, treated, trained, and             7,570        

rehabilitated until paroled, released in accordance with section   7,571        

2967.20, 2967.23 2929.20, 2967.26, or 2967.28 of the Revised       7,572        

Code, or otherwise released under the order of the court that      7,575        

                                                          183    

                                                                 
imposed the person's sentence.  No person committed by a probate   7,576        

court, a trial court pursuant to section 2945.40, 2945.401, or     7,577        

2945.402 of the Revised Code subsequent to a finding of not                     

guilty by reason of insanity, or a juvenile court shall be         7,578        

assigned to a state correctional institution.                      7,579        

      If a person is sentenced, committed, or assigned for the     7,581        

commission of a felony to any one of the institutions or places    7,582        

maintained by the department or to a county, multicounty,          7,583        

municipal, municipal-county, or multicounty-municipal jail or      7,584        

workhouse, the department, by order duly recorded and subject to   7,585        

division (B) of this section, may transfer the person to any       7,586        

other institution, or, if authorized by section 5120.161 of the    7,587        

Revised Code, to a county, multicounty, municipal,                 7,588        

municipal-county, or multicounty-municipal jail or workhouse.      7,589        

      (B)  If the case of a child who is alleged to be a           7,591        

delinquent child is transferred for criminal prosecution to the    7,592        

appropriate court having jurisdiction of the offense pursuant to   7,593        

division (B) or (C) of section 2151.26 of the Revised Code, if     7,595        

the child is convicted of or pleads guilty to a felony in that     7,596        

case, if the child is sentenced to a prison term, as defined in    7,597        

section 2901.01 of the Revised Code, and if the child is under     7,598        

eighteen years of age when delivered to the custody of the         7,599        

department of rehabilitation and correction, all of the following  7,600        

apply regarding the housing of the child:                          7,601        

      (1)  Until the child attains eighteen years of age, subject  7,603        

to divisions (B)(2), (3), and (4) of this section, the department  7,605        

shall house the child in a housing unit in a state correctional                 

institution separate from inmates who are eighteen years of age    7,606        

or older.                                                          7,607        

      (2)  The department is not required to house the child in    7,609        

the manner described in division (B)(1) of this section if the     7,611        

child does not observe the rules and regulations of the                         

institution or the child otherwise creates a security risk by      7,612        

being housed separately.                                                        

                                                          184    

                                                                 
      (3)  If the department receives too few inmates who are      7,614        

under eighteen years of age to fill a housing unit in a state      7,615        

correctional institution separate from inmates who are eighteen    7,616        

years of age or older, as described in division (B)(1) of this     7,617        

section, the department may house the child in a housing unit in   7,618        

a state correctional institution that includes both inmates who    7,619        

are under eighteen years of age and inmates who are eighteen       7,620        

years of age or older and under twenty-one years of age.           7,621        

      (4)  Upon the child's attainment of eighteen years of age,   7,623        

the department may house the child with the adult population of    7,624        

the state correctional institution.                                7,625        

      (C)  The director or the director's designee shall develop   7,627        

a policy for dealing with problems related to infection with the   7,628        

human immunodeficiency virus.  The policy shall include methods    7,629        

of identifying individuals committed to the custody of the         7,630        

department who are at high risk of infection with the virus, AND   7,632        

counseling these THOSE individuals, and, if it is determined to    7,633        

be medically appropriate, offering them the opportunity to be      7,634        

given an HIV test approved by the director of health pursuant to   7,636        

section 3701.241 of the Revised Code.                              7,637        

      Arrangements for housing individuals diagnosed as having     7,639        

AIDS or an AIDS-related condition shall be made by the department  7,641        

based on security and medical considerations and in accordance                  

with division (B) of this section, if applicable.                  7,642        

      Sec. 5120.163.  AT THE TIME OF RECEPTION AND AT OTHER TIMES  7,644        

THE DIRECTOR DETERMINES TO BE APPROPRIATE, THE DEPARTMENT OF       7,645        

REHABILITATION AND CORRECTION MAY EXAMINE AND TEST A PRISONER FOR  7,646        

TUBERCULOSIS, HIV INFECTION, AND OTHER CONTAGIOUS DISEASES.  THE   7,648        

DEPARTMENT MAY TEST AND TREAT INVOLUNTARILY A PRISONER IN A STATE  7,649        

CORRECTIONAL INSTITUTION WHO REFUSES TO BE TESTED OR TREATED FOR   7,650        

TUBERCULOSIS, HIV INFECTION, OR ANOTHER CONTAGIOUS DISEASE.        7,651        

      Sec. 5120.172.  A MINOR WHOSE CASE IS TRANSFERRED FOR        7,653        

CRIMINAL PROSECUTION PURSUANT TO SECTION 2151.26 OF THE REVISED    7,655        

CODE, WHO IS PROSECUTED AS AN ADULT AND IS CONVICTED OF OR PLEADS  7,656        

                                                          185    

                                                                 
GUILTY TO ONE OR MORE OFFENSES IN THAT CASE, AND WHO IS SENTENCED  7,657        

TO A PRISON TERM OR TERM OF IMPRISONMENT IN A STATE CORRECTIONAL   7,659        

INSTITUTION FOR ONE OR MORE OF THOSE OFFENSES SHALL BE CONSIDERED               

EMANCIPATED FOR THE PURPOSE OF CONSENTING TO MEDICAL TREATMENT     7,661        

WHILE CONFINED IN THE STATE CORRECTIONAL INSTITUTION.              7,662        

      Sec. 5120.211.  (A)  AS USED IN THIS SECTION:                7,665        

      (1)  "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT    7,667        

IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF            7,668        

REHABILITATION AND CORRECTION BY THE DIRECTOR OF REHABILITATION    7,669        

AND CORRECTION, A COMMITTEE APPOINTED AT A STATE CORRECTIONAL      7,670        

INSTITUTION BY THE MANAGING OFFICER OF THE INSTITUTION, OR A DULY               

AUTHORIZED SUBCOMMITTEE OF A COMMITTEE OF THAT NATURE AND THAT IS  7,671        

DESIGNATED TO CARRY OUT QUALITY ASSURANCE PROGRAM ACTIVITIES.      7,672        

      (2)  "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE       7,674        

PROGRAM WITHIN THE DEPARTMENT OF REHABILITATION AND CORRECTION     7,675        

TO SYSTEMATICALLY REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND    7,676        

MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS               7,678        

INSTITUTIONS, THE SAFETY AND SECURITY OF PERSONS RECEIVING                      

MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS   7,680        

INSTITUTIONS, AND THE EFFICIENCY AND EFFECTIVENESS OF THE          7,681        

UTILIZATION OF STAFF AND RESOURCES IN THE DELIVERY OF MEDICAL AND  7,682        

MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS                            

INSTITUTIONS.                                                      7,683        

      (3)  "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDES THE     7,685        

ACTIVITIES OF THE INSTITUTIONAL AND CENTRAL OFFICE QUALITY         7,686        

ASSURANCE COMMITTEES, OF PERSONS WHO PROVIDE, COLLECT, OR COMPILE  7,687        

INFORMATION AND REPORTS REQUIRED BY QUALITY ASSURANCE COMMITTEES,  7,688        

AND OF PERSONS WHO RECEIVE, REVIEW, OR IMPLEMENT THE                            

RECOMMENDATIONS MADE BY QUALITY ASSURANCE COMMITTEES.  "QUALITY    7,689        

ASSURANCE PROGRAM ACTIVITIES" INCLUDES CREDENTIALING, INFECTION    7,690        

CONTROL, UTILIZATION REVIEW INCLUDING ACCESS TO PATIENT CARE,      7,691        

PATIENT CARE ASSESSMENTS, MEDICAL AND MENTAL HEALTH RECORDS,       7,692        

MEDICAL AND MENTAL HEALTH RESOURCE MANAGEMENT, MORTALITY AND       7,694        

MORBIDITY REVIEW, AND IDENTIFICATION AND PREVENTION OF MEDICAL OR               

                                                          186    

                                                                 
MENTAL HEALTH INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY  7,695        

ASSURANCE COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY    7,696        

ASSURANCE COMMITTEE.                                               7,697        

      (4)  "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS,      7,699        

RECORDS, MINUTES, AND REPORTS THAT EMANATE FROM QUALITY ASSURANCE  7,700        

PROGRAM ACTIVITIES.  "QUALITY ASSURANCE RECORDS" DOES NOT INCLUDE  7,701        

AGGREGATE STATISTICAL INFORMATION THAT DOES NOT DISCLOSE THE       7,703        

IDENTITY OF PERSONS RECEIVING OR PROVIDING MEDICAL OR MENTAL                    

HEALTH SERVICES IN STATE CORRECTIONAL INSTITUTIONS.                7,704        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  7,707        

QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC      7,708        

RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE     7,709        

USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY       7,710        

ASSURANCE PROGRAM.                                                              

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  7,712        

PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS    7,713        

AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS       7,714        

SHALL WILFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY PERSON  7,715        

OR ENTITY.                                                                      

      (C)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  7,718        

NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY, AND IS  7,719        

NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE      7,720        

PROCEEDING.                                                                     

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  7,723        

MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS                      

PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM  7,724        

SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR         7,725        

ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE        7,726        

RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION,            7,727        

EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,                    

MEMBER, OR PERSON.                                                 7,728        

      (3)  INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE  7,730        

FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING             7,731        

UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL   7,733        

                                                          187    

                                                                 
OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED    7,735        

TO A QUALITY ASSURANCE COMMITTEE.  NO PERSON TESTIFYING BEFORE A   7,736        

QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A                      

QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS  7,737        

TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT   7,739        

BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY           7,740        

ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A  7,741        

RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.                          

      (D)(1)  A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE   7,744        

BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO     7,745        

THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY                 

ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL  7,746        

ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY     7,748        

PERSON AS A RESULT OF PROVIDING THE INFORMATION.                   7,749        

      (2)  A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON     7,751        

ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE   7,752        

OF THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL NOT BE    7,753        

LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO  7,754        

PERSON OR PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS,          7,755        

DECISIONS, OR OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF   7,756        

THE QUALITY ASSURANCE PROGRAM.                                                  

      (3)  NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION   7,758        

OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A       7,759        

PATIENT.                                                                        

      (E)  QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND         7,762        

TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,                 

ONLY TO THE FOLLOWING PERSONS OR ENTITIES OR IN THE FOLLOWING      7,763        

CIRCUMSTANCES:                                                     7,764        

      (1)  PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT  7,766        

OF REHABILITATION AND CORRECTION AND WHO HAVE AUTHORITY TO         7,768        

EVALUATE OR IMPLEMENT THE RECOMMENDATIONS OF AN INSTITUTIONAL OR   7,770        

CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;                                     

      (2)  PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED   7,772        

TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO STATE  7,773        

                                                          188    

                                                                 
CORRECTIONAL INSTITUTIONS OR TO PERFORM MONITORING OF STATE        7,774        

CORRECTIONAL INSTITUTIONS AS REQUIRED BY LAW;                      7,775        

      (3)  A GOVERNMENTAL BOARD OR AGENCY, A PROFESSIONAL HEALTH   7,777        

CARE SOCIETY OR ORGANIZATION, OR A PROFESSIONAL STANDARDS REVIEW   7,778        

ORGANIZATION, IF THE RECORDS OR TESTIMONY ARE NEEDED TO PERFORM    7,779        

LICENSING, CREDENTIALING, OR MONITORING OF PROFESSIONAL STANDARDS  7,780        

WITH RESPECT TO MEDICAL OR MENTAL HEALTH PROFESSIONALS EMPLOYED    7,781        

OR RETAINED BY THE DEPARTMENT;                                                  

      (4)  A CRIMINAL OR CIVIL LAW ENFORCEMENT AGENCY OR PUBLIC    7,783        

HEALTH AGENCY CHARGED BY LAW WITH THE PROTECTION OF PUBLIC HEALTH  7,784        

OR SAFETY, IF A QUALIFIED REPRESENTATIVE OF THE AGENCY MAKES A     7,785        

WRITTEN REQUEST STATING THAT THE RECORDS OR TESTIMONY IS           7,786        

NECESSARY FOR A PURPOSE AUTHORIZED BY LAW;                                      

      (5)  IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING COMMENCED    7,788        

BY AN ENTITY DESCRIBED IN DIVISION (E)(3) OR (4) OF THIS SECTION   7,789        

AND FOR A PURPOSE DESCRIBED IN THAT DIVISION, BUT ONLY WITH        7,791        

RESPECT TO THE SUBJECT OF THE PROCEEDINGS.                                      

      (F)  A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO   7,793        

DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE          7,795        

CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY        7,796        

ASSURANCE RECORDS.  THE NAMES AND OTHER IDENTIFYING INFORMATION    7,797        

REGARDING INDIVIDUAL PATIENTS, EMPLOYEES, OR MEMBERS OF A QUALITY  7,798        

ASSURANCE COMMITTEE CONTAINED IN A QUALITY ASSURANCE RECORD SHALL  7,800        

BE DELETED FROM THE RECORD PRIOR TO THE DISCLOSURE OF THE RECORD   7,801        

UNLESS THE IDENTITY OF AN INDIVIDUAL IS NECESSARY TO THE PURPOSE   7,802        

FOR WHICH DISCLOSURE IS BEING MADE AND DOES NOT CONSTITUTE A       7,803        

CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY.                  7,804        

      Sec. 5120.331.  (A)  Not later than the first day of April   7,814        

of each year, the department of rehabilitation and correction      7,815        

shall prepare an annual report covering the preceding calendar     7,816        

year that does all of the following:                                            

      (1)  Indicates the total number of persons sentenced to any  7,818        

institution, division, or place under its control and management   7,819        

who are delivered within that calendar year to its custody and     7,820        

                                                          189    

                                                                 
control;                                                           7,821        

      (2)  Indicates the total number of persons who, during that  7,823        

calendar year, were released from a prison term on any of the      7,825        

following bases:                                                   7,826        

      (a)  On judicial release under section 2929.20 of the        7,829        

Revised Code;                                                      7,830        

      (b)  On furlough TRANSITIONAL CONTROL under section 2967.26  7,832        

of the Revised Code;                                               7,833        

      (c)  On parole;                                              7,835        

      (d)  Due to the expiration of the stated prison term         7,837        

imposed;                                                                        

      (e)  On any basis not described in divisions (A)(2)(a) to    7,839        

(d) of this section.                                               7,840        

      (3)  Lists each offense, by Revised Code section number      7,842        

and, if applicable, by designated name, for which at least one     7,843        

person who was released from a prison term in that calendar year   7,845        

was serving a prison term at the time of release;                  7,847        

      (4)  For each offense included in the list described in      7,849        

division (A)(3) of this section, indicates all of the following:   7,850        

      (a)  The total number of persons released from a prison      7,852        

term in that calendar year who were serving a prison term for      7,854        

that offense at the time of release;                               7,855        

      (b)  The shortest, longest, and average prison term that     7,857        

had been imposed for that offense upon the persons described in    7,860        

division (A)(4)(a) of this section and that they were serving at   7,861        

the time of release;                                                            

      (c)  The shortest, longest, and average period of            7,863        

imprisonment actually served by the persons described in division  7,864        

(A)(4)(a) of this section under a prison term that had been        7,866        

imposed for that offense upon them and that they were serving at   7,867        

the time of release;                                               7,868        

      (d)  The total number of persons released from a prison      7,870        

term in that calendar year under each of the bases for release     7,872        

set forth in division (A)(2) of this section who were serving a    7,873        

                                                          190    

                                                                 
prison term for that offense at the time of release;               7,874        

      (e)  The shortest, longest, and average prison term that     7,876        

had been imposed for that offense upon the persons in each         7,879        

category described in division (A)(4)(d) of this section and that  7,880        

they were serving at the time of release;                                       

      (f)  The shortest, longest, and average period of            7,882        

imprisonment actually served by the persons in each category       7,883        

described in division (A)(4)(d) of this section under a prison     7,885        

term that had been imposed for that offense upon them and that     7,886        

they were serving at the time of release.                          7,887        

      (B)  No report prepared under division (A) of this section   7,889        

shall identify or enable the identification of any person          7,890        

released from a prison term in the preceding calendar year.        7,892        

      (C)  Each annual report prepared under division (A) of this  7,894        

section shall be distributed to each member of the general         7,895        

assembly.                                                          7,896        

      (D)  As used in this section, "prison term" and "stated      7,898        

prison term" have the same meanings as in section 2929.01 of the   7,899        

Revised Code.                                                                   

      Sec. 5120.38.  Subject to the rules and regulations of the   7,908        

department of rehabilitation and correction, each institution      7,909        

under the department's jurisdiction shall be under the control of  7,910        

a managing officer known as a superintendent WARDEN or other       7,911        

appropriate title.  Such THE managing officer shall be appointed   7,913        

by the director of the department of rehabilitation and            7,915        

correction and shall be in the unclassified service and serve at   7,916        

the pleasure of the director.  Appointment to the position of      7,917        

managing officer shall be made from persons holding positions in   7,918        

the classified service in the department.  A WHO HAVE CRIMINAL     7,919        

JUSTICE EXPERIENCE.                                                             

      A person so WHO IS appointed TO THE POSITION OF MANAGING     7,922        

OFFICER FROM A POSITION IN THE CLASSIFIED SERVICE shall retain                  

the right to resume the position and status THAT THE PERSON held   7,924        

by him in the classified service immediately prior to his THE      7,927        

                                                          191    

                                                                 
appointment.  Upon being relieved of his THE PERSON'S duties as    7,928        

managing officer, such THE person shall be reinstated to the       7,930        

position in the classified service THAT THE PERSON held by him     7,931        

immediately prior to his THE appointment to the position of        7,932        

managing officer or to another position, certified by THAT the     7,934        

director, with approval of the state department of personnel       7,935        

ADMINISTRATIVE SERVICES, CERTIFIES as being substantially equal    7,937        

to such THAT PRIOR position.  Service as a managing officer shall  7,938        

be counted as service in the position in the classified service    7,939        

held by such THE person immediately preceding his THE appointment  7,941        

as managing officer.  When such A person WHO is reinstated to a    7,943        

position in the classified service, as provided in this section,   7,944        

he shall be entitled to all rights and emoluments accruing to      7,945        

such THE position during the time of his THE PERSON'S service as   7,946        

managing officer.                                                  7,947        

      The managing officer, under the director, shall have entire  7,949        

executive charge of the institution for which such THE managing    7,950        

officer is appointed.  Subject to civil service rules and          7,951        

regulations, the managing officer shall appoint the necessary      7,952        

employees, and he THE MANAGING OFFICER or the director may remove  7,954        

such employees for cause.  A report of all appointments,           7,955        

resignations, and discharges shall be filed with the director at   7,956        

the close of each month.                                           7,957        

      After conference with the managing officer of each           7,959        

institution, the director shall determine the number of employees  7,960        

to be appointed to the various institutions.                       7,961        

      Sec. 5120.381.  SUBJECT TO THE RULES OF THE DEPARTMENT OF    7,963        

REHABILITATION AND CORRECTION, THE DIRECTOR OF REHABILITATION AND  7,964        

CORRECTION MAY APPOINT A DEPUTY WARDEN FOR EACH INSTITUTION UNDER  7,965        

THE JURISDICTION OF THE DEPARTMENT.  A DEPUTY WARDEN SHALL BE IN   7,966        

THE UNCLASSIFIED SERVICE AND SERVE AT THE PLEASURE OF THE          7,967        

DIRECTOR.  THE DIRECTOR SHALL MAKE AN APPOINTMENT TO THE POSITION               

OF DEPUTY WARDEN FROM PERSONS HAVING CRIMINAL JUSTICE EXPERIENCE.  7,968        

A PERSON WHO IS APPOINTED TO A POSITION AS DEPUTY WARDEN FROM A    7,969        

                                                          192    

                                                                 
POSITION IN THE CLASSIFIED SERVICE SHALL RETAIN THE RIGHT TO       7,970        

RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE         7,971        

CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT.  IF THE   7,972        

PERSON IS RELIEVED OF THE PERSON'S DUTIES AS DEPUTY WARDEN, THE                 

DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION IN THE         7,974        

CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR TO THE   7,975        

APPOINTMENT AS DEPUTY WARDEN OR TO ANOTHER POSITION THAT IS        7,976        

CERTIFIED BY THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF                   

ADMINISTRATIVE SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT      7,977        

PRIOR POSITION.  SERVICE AS DEPUTY WARDEN SHALL BE COUNTED AS      7,978        

SERVICE IN THE POSITION IN THE CLASSIFIED SERVICE THAT THE PERSON  7,979        

HELD IMMEDIATELY PRECEDING THE APPOINTMENT AS DEPUTY WARDEN.  A    7,980        

PERSON WHO IS REINSTATED TO A POSITION IN THE CLASSIFIED SERVICE   7,981        

AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL RIGHTS AND                       

EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF THE         7,982        

PERSON'S SERVICE AS DEPUTY WARDEN.                                 7,983        

      Sec. 5120.382.  EXCEPT AS OTHERWISE PROVIDED IN THIS         7,985        

CHAPTER FOR APPOINTMENTS BY DIVISION CHIEFS AND MANAGING           7,986        

OFFICERS, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL      7,989        

APPOINT EMPLOYEES WHO ARE NECESSARY FOR THE EFFICIENT CONDUCT OF                

THE DEPARTMENT OF REHABILITATION AND CORRECTION AND PRESCRIBE      7,990        

THEIR TITLES AND DUTIES.  A PERSON WHO IS APPOINTED TO AN          7,991        

UNCLASSIFIED POSITION FROM A POSITION IN THE CLASSIFIED SERVICE    7,992        

SHALL SERVE AT THE PLEASURE OF THE DIRECTOR AND RETAIN THE RIGHT   7,993        

TO RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE      7,994        

CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT.  IF THE   7,995        

PERSON IS RELIEVED OF THE PERSON'S DUTIES FOR THE UNCLASSIFIED     7,996        

POSITION, THE DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION  7,997        

IN THE CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR   7,998        

TO THE APPOINTMENT OR TO ANOTHER POSITION THAT IS CERTIFIED BY     7,999        

THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE    8,000        

SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT PRIOR CLASSIFIED    8,001        

POSITION.  SERVICE IN THE UNCLASSIFIED SERVICE PURSUANT TO THE     8,002        

APPOINTMENT SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE                  

                                                          193    

                                                                 
CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRECEDING THE  8,003        

APPOINTMENT.  A PERSON WHO IS REINSTATED TO A POSITION IN THE      8,004        

CLASSIFIED SERVICE AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL  8,005        

RIGHTS AND EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF  8,006        

THE PERSON'S UNCLASSIFIED SERVICE.                                              

      Sec. 5120.56.  (A)  AS USED IN THIS SECTION:                 8,009        

      (1)  "ANCILLARY SERVICES" MEANS SERVICES PROVIDED TO AN      8,011        

OFFENDER AS NECESSARY FOR THE PARTICULAR CIRCUMSTANCES OF THE      8,012        

OFFENDER'S PERSONAL SUPERVISION, INCLUDING, BUT NOT LIMITED TO,    8,013        

SPECIALIZED COUNSELING, TESTING, OR OTHER SERVICES NOT INCLUDED    8,015        

IN THE CALCULATION OF RESIDENTIAL OR SUPERVISION COSTS.            8,016        

      (2)  "COST DEBT" MEANS A COST OF INCARCERATION OR            8,018        

SUPERVISION THAT MAY BE ASSESSED AGAINST AND COLLECTED FROM AN     8,019        

OFFENDER AS A DEBT TO THE STATE AS DESCRIBED IN DIVISION (E) OF    8,020        

THIS SECTION.                                                      8,021        

      (3)  "DETENTION FACILITY" MEANS ANY PLACE USED FOR THE       8,023        

CONFINEMENT OF A PERSON CHARGED WITH OR CONVICTED OF ANY CRIME.    8,024        

      (4)  "OFFENDER" MEANS ANY INMATE, PAROLEE, PROBATIONER,      8,026        

RELEASEE, OR OTHER PERSON WHO HAS BEEN CONVICTED OF OR PLEADED     8,028        

GUILTY TO ANY FELONY OR MISDEMEANOR AND IS SENTENCED TO ANY OF     8,029        

THE FOLLOWING:                                                                  

      (a)  A TERM OF IMPRISONMENT, A PRISON TERM, OR ANOTHER TYPE  8,031        

OF CONFINEMENT IN A DETENTION FACILITY;                            8,033        

      (b)  PARTICIPATION IN ANOTHER CORRECTIONAL PROGRAM IN LIEU   8,035        

OF INCARCERATION.                                                  8,036        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     8,039        

RECOVER FROM AN OFFENDER WHO IS IN ITS CUSTODY OR UNDER ITS                     

SUPERVISION ANY COST DEBT DESCRIBED IN DIVISION (E) OF THIS        8,041        

SECTION.  TO SATISFY A COST DEBT DESCRIBED IN THAT DIVISION THAT   8,042        

RELATES TO AN OFFENDER, THE DEPARTMENT MAY APPLY DIRECTLY ASSETS   8,043        

THAT ARE IN THE DEPARTMENT'S POSSESSION AND THAT ARE BEING HELD    8,044        

FOR THAT OFFENDER WITHOUT FURTHER PROCEEDINGS IN AID OF            8,046        

EXECUTION, AND, IF ASSETS BELONGING TO OR SUBJECT TO THE           8,048        

DIRECTION OF THAT OFFENDER ARE IN THE POSSESSION OF A THIRD                     

                                                          194    

                                                                 
PARTY, THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO          8,049        

INITIATE PROCEEDINGS TO COLLECT THE ASSETS FROM THE THIRD PARTY    8,050        

TO SATISFY THE COST DEBT.                                                       

      (C)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     8,053        

REQUIRE ANY OFFENDER TO REIMBURSE A LOCAL GOVERNMENT OR PRIVATE    8,054        

ENTITY FOR ANY SERVICE PROVIDED TO THE OFFENDER IN A PROGRAM OF    8,055        

THE LOCAL GOVERNMENT OR PRIVATE ENTITY THAT IS FUNDED IN WHOLE OR  8,056        

IN PART BY THE STATE.  THE DEPARTMENT MAY AUTHORIZE THE LOCAL      8,057        

GOVERNMENT OR PRIVATE ENTITY TO OBTAIN REIMBURSEMENT FROM THE      8,058        

OFFENDER ON BEHALF OF THE DEPARTMENT.  THE DEPARTMENT MAY REQUIRE  8,059        

THE LOCAL GOVERNMENT OR PRIVATE ENTITY TO REIMBURSE THE STATE      8,060        

FUNDING AUTHORITY FOR THE REIMBURSED FUNDS COLLECTED FROM          8,061        

OFFENDERS ON ITS BEHALF, OR MAY REQUIRE THAT THE LOCAL GOVERNMENT  8,063        

OR PRIVATE ENTITY MANAGE AND EXPEND THE REIMBURSED FUNDS, IN       8,065        

ACCORDANCE WITH ANY RULES ADOPTED UNDER DIVISION (G) OF THIS       8,066        

SECTION.                                                                        

      (D)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (F) OR (H) OF  8,070        

THIS SECTION, ALL OF THE FOLLOWING ASSETS OF AN OFFENDER SHALL BE  8,071        

SUBJECT TO ATTACHMENT, COLLECTION, OR APPLICATION TOWARD THE COST  8,072        

DEBTS DESCRIBED IN DIVISION (E) OF THIS SECTION THAT ARE TO BE     8,073        

RECOVERED UNDER DIVISION (B) OF THIS SECTION:                      8,074        

      (1)  SUBJECT TO DIVISION (F) OF THIS SECTION, ANY PAY THE    8,076        

OFFENDER RECEIVES FROM THE STATE;                                  8,077        

      (2)  SUBJECT TO DIVISION (F) OF THIS SECTION, ANY FUNDS THE  8,079        

OFFENDER RECEIVES FROM PERSONS ON AN APPROVED VISITOR LIST;        8,081        

      (3)  ANY LIQUID ASSETS BELONGING TO THE OFFENDER AND IN THE  8,083        

CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION;        8,084        

      (4)  ANY ASSETS THE OFFENDER ACQUIRES OR ANY OTHER INCOME    8,086        

THE OFFENDER EARNS SUBSEQUENT TO THE OFFENDER'S COMMITMENT.        8,088        

      (E)  COSTS OF INCARCERATION OR SUPERVISION THAT MAY BE       8,091        

ASSESSED AGAINST AND COLLECTED FROM AN OFFENDER UNDER DIVISION     8,092        

(B) OF THIS SECTION AS A DEBT TO THE STATE SHALL INCLUDE, BUT ARE  8,093        

NOT LIMITED TO, ALL OF THE FOLLOWING COSTS THAT ACCRUE WHILE THE   8,094        

OFFENDER IS IN THE CUSTODY OR UNDER THE SUPERVISION OF THE         8,095        

                                                          195    

                                                                 
DEPARTMENT OF REHABILITATION AND CORRECTION:                                    

      (1)  ANY USER FEE OR COPAYMENT FOR SERVICES AT A DETENTION   8,097        

FACILITY OR HOUSING FACILITY, INCLUDING, BUT NOT LIMITED TO, A     8,098        

FEE OR COPAYMENT FOR SICK CALL VISITS;                             8,099        

      (2)  ASSESSMENT FOR DAMAGE TO OR DESTRUCTION OF PROPERTY IN  8,101        

A DETENTION FACILITY SUBSEQUENT TO COMMITMENT;                     8,102        

      (3)  RESTITUTION TO AN OFFENDER OR TO A STAFF MEMBER OF A    8,104        

STATE CORRECTIONAL INSTITUTION FOR THEFT, LOSS, OR DAMAGE TO THE   8,105        

PERSONAL PROPERTY OF THE OFFENDER OR STAFF MEMBER;                 8,107        

      (4)  THE COST OF HOUSING AND FEEDING THE OFFENDER IN A       8,109        

DETENTION FACILITY;                                                8,110        

      (5)  THE COST OF SUPERVISION OF THE OFFENDER;                8,112        

      (6)  THE COST OF ANY ANCILLARY SERVICES PROVIDED TO THE      8,114        

OFFENDER.                                                                       

      (F)  THE COST OF HOUSING AND FEEDING AN OFFENDER IN A STATE  8,117        

CORRECTIONAL INSTITUTION SHALL NOT BE COLLECTED FROM A PAYMENT     8,118        

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  8,119        

OFFENDER RECEIVES FROM VISITORS, UNLESS THE COMBINED ASSETS IN     8,120        

THE OFFENDER'S INSTITUTION PERSONAL ACCOUNT EXCEED, AT ANY TIME,   8,121        

ONE HUNDRED DOLLARS.  IF THE COMBINED ASSETS IN THAT ACCOUNT       8,122        

EXCEED ONE HUNDRED DOLLARS, THE COST OF HOUSING AND FEEDING THE    8,123        

OFFENDER MAY BE COLLECTED FROM THE AMOUNT IN EXCESS OF ONE         8,124        

HUNDRED DOLLARS.                                                   8,125        

      (G)(1)  THE DEPARTMENT OF REHABILITATION AND CORRECTION      8,128        

SHALL ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE   8,129        

TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.                     8,130        

      (2)  THE RULES ADOPTED UNDER DIVISION (G)(1) OF THIS         8,133        

SECTION SHALL INCLUDE, BUT ARE NOT LIMITED TO, RULES THAT          8,134        

ESTABLISH OR CONTAIN ALL OF THE FOLLOWING:                                      

      (a)  A PROCESS FOR ASCERTAINING THE ITEMS OF COST TO BE      8,136        

ASSESSED AGAINST AN OFFENDER;                                      8,137        

      (b)  SUBJECT TO DIVISION (G)(3) OF THIS SECTION, A PROCESS   8,140        

BY WHICH THE OFFENDER SHALL HAVE THE OPPORTUNITY TO RESPOND TO     8,141        

                                                          196    

                                                                 
THE ASSESSMENT OF COSTS UNDER DIVISION (B) OR (C) OF THIS SECTION  8,142        

AND TO CONTEST ANY ITEM OF COST IN THE DEPARTMENT'S CALCULATION    8,143        

OR AS IT APPLIES TO THE OFFENDER;                                               

      (c)  A REQUIREMENT THAT THE OFFENDER BE NOTIFIED, IN         8,145        

WRITING, OF A FINAL DECISION TO COLLECT OR APPLY THE OFFENDER'S    8,146        

ASSETS UNDER DIVISION (B) OR (C) OF THIS SECTION AND THAT THE      8,147        

NOTIFICATION BE PROVIDED AFTER THE OFFENDER HAS HAD AN             8,148        

OPPORTUNITY TO CONTEST THE APPLICATION OR COLLECTION;              8,149        

      (d)  CRITERIA FOR EVALUATING AN OFFENDER'S ONGOING,          8,151        

PERMANENT INJURY AND EVALUATING THE ABILITY OF THAT TYPE OF        8,152        

OFFENDER TO PROVIDE FOR THE OFFENDER AFTER INCARCERATION.          8,153        

      (3)  THE RULES ADOPTED UNDER DIVISION (G)(1) OF THIS         8,156        

SECTION MAY ALLOW THE COLLECTION OF A COST DEBT AS A FLAT FEE OR   8,157        

OVER TIME IN INSTALLMENTS.  IF THE COST DEBT IS TO BE COLLECTED    8,158        

OVER TIME IN INSTALLMENTS, THE RULES ARE NOT REQUIRED TO PERMIT    8,159        

THE OFFENDER AN OPPORTUNITY TO CONTEST THE ASSESSMENT OF EACH      8,160        

INSTALLMENT.  THE RULES MAY ESTABLISH A STANDARD FEE TO APPLY TO                

ALL OFFENDERS WHO RECEIVE A PARTICULAR SERVICE.                    8,161        

      (H)  THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL   8,164        

NOT COLLECT COST DEBTS OR APPLY OFFENDER ASSETS TOWARD A COST      8,165        

DEBT UNDER DIVISION (B) OR (C) OF THIS SECTION IF, DUE TO AN       8,166        

ONGOING, PERMANENT INJURY, THE COLLECTION OR APPLICATION WOULD     8,167        

UNJUSTLY LIMIT THE OFFENDER'S ABILITY TO PROVIDE FOR THE OFFENDER  8,168        

AFTER INCARCERATION.                                                            

      (I)  IF AN OFFENDER ACQUIRES ASSETS AFTER THE OFFENDER IS    8,171        

CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE AND IF THE TRANSFEROR  8,172        

KNOWS OF THE OFFENDER'S STATUS AS AN OFFENDER, THE TRANSFEROR                   

SHALL NOTIFY THE DEPARTMENT OF REHABILITATION AND CORRECTION IN    8,173        

ADVANCE OF THE TRANSFER.                                           8,174        

      (J)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE       8,177        

OFFENDER FINANCIAL RESPONSIBILITY FUND.  ALL MONEYS COLLECTED BY   8,178        

OR ON BEHALF OF THE DEPARTMENT UNDER THIS SECTION, AND ALL MONEYS               

CURRENTLY IN THE DEPARTMENT'S CUSTODY THAT ARE APPLIED TO SATISFY  8,180        

AN ALLOWABLE COST DEBT UNDER THIS SECTION, SHALL BE DEPOSITED      8,182        

                                                          197    

                                                                 
INTO THE FUND.  THE DEPARTMENT OF REHABILITATION AND CORRECTION                 

MAY EXPEND MONEYS IN THE FUND FOR GOODS AND SERVICES OF THE SAME   8,183        

TYPE AS THOSE FOR WHICH OFFENDERS ARE ASSESSED PURSUANT TO THIS    8,184        

SECTION.                                                                        

      Sec. 5120.99.  A PERSON WHO VIOLATES DIVISION (B)(2) OF      8,187        

SECTION 5120.211 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN  8,189        

TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE  8,190        

THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE.              8,191        

      Sec. 5122.10.  Any psychiatrist, licensed clinical           8,200        

psychologist, licensed physician, health officer, parole officer,  8,201        

police officer, or sheriff may take a person into custody, or the  8,202        

chief of the adult parole authority or a parole or probation       8,203        

officer with the approval of the chief of the authority may take   8,204        

a parolee, probationer, OFFENDER ON POST-RELEASE CONTROL, or       8,205        

furloughee OFFENDER UNDER TRANSITIONAL CONTROL into custody and    8,206        

may immediately transport him THE PAROLEE, PROBATIONER, OFFENDER   8,208        

ON POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL    8,210        

to a hospital or, notwithstanding section 5119.20 of the Revised   8,212        

Code, to a general hospital not licensed by the department of      8,213        

mental health where he THE PAROLEE, PROBATIONER, OFFENDER ON       8,214        

POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL may   8,215        

be held for the period prescribed in this section, if the          8,217        

psychiatrist, licensed clinical psychologist, licensed physician,  8,218        

health officer, parole officer, police officer, or sheriff has                  

reason to believe that the person is a mentally ill person         8,220        

subject to hospitalization by court order under division (B) of    8,221        

section 5122.01 of the Revised Code, and represents a substantial  8,222        

risk of physical harm to himself SELF or others if allowed to      8,223        

remain at liberty pending examination.                             8,224        

      A written statement shall be given to such hospital by the   8,226        

transporting psychiatrist, licensed clinical psychologist,         8,227        

licensed physician, health officer, parole officer, police         8,228        

officer, chief of the adult parole authority, parole or probation  8,229        

officer, or sheriff stating the circumstances under which such     8,230        

                                                          198    

                                                                 
person was taken into custody and the reasons for the              8,231        

psychiatrist's, licensed clinical psychologist's, licensed         8,232        

physician's, health officer's, parole officer's, police            8,233        

officer's, chief of the adult parole authority's, parole or        8,234        

probation officer's, or sheriff's belief.  This statement shall    8,235        

be made available to the respondent or his THE RESPONDENT'S        8,236        

attorney upon request of either.                                   8,237        

      Every reasonable and appropriate effort shall be made to     8,239        

take persons into custody in the least conspicuous manner          8,240        

possible.  A person taking the respondent into custody pursuant    8,241        

to this section shall explain to the respondent:  the name,        8,242        

professional designation, and agency affiliation of the person     8,243        

taking the respondent into custody; that the custody-taking is     8,244        

not a criminal arrest; and that the person is being taken for      8,245        

examination by mental health professionals at a specified mental   8,246        

health facility identified by name.                                8,247        

      If a person taken into custody under this section is         8,249        

transported to a general hospital, the general hospital may admit  8,250        

the person, or provide care and treatment for the person, or       8,251        

both, notwithstanding section 5119.20 of the Revised Code, but by  8,252        

the end of twenty-four hours after his arrival at the general      8,253        

hospital, the person shall be transferred to a hospital as         8,254        

defined in section 5122.01 of the Revised Code.                    8,255        

      A person transported or transferred to a hospital or         8,257        

community mental health agency under this section shall be         8,258        

examined by the staff of the hospital or agency within             8,259        

twenty-four hours after his arrival at the hospital or agency. If  8,261        

to conduct the examination requires that the person remain                      

overnight, the hospital or agency shall admit the person in an     8,262        

unclassified status until making a disposition under this          8,263        

section.  After the examination, if the chief clinical officer of  8,264        

the hospital or agency believes that the person is not a mentally  8,265        

ill person subject to hospitalization by court order, he THE       8,266        

CHIEF CLINICAL OFFICER shall release or discharge the person       8,267        

                                                          199    

                                                                 
immediately unless a court has issued a temporary order of         8,268        

detention applicable to the person under section 5122.11 of the    8,269        

Revised Code.  After the examination, if the chief clinical        8,270        

officer believes that the person is a mentally ill person subject  8,271        

to hospitalization by court order, he THE CHIEF CLINICAL OFFICER   8,272        

may detain the person for not more than three court days           8,273        

following the day of the examination and during such period admit  8,274        

the person as a voluntary patient under section 5122.02 of the     8,275        

Revised Code or file an affidavit under section 5122.11 of the     8,276        

Revised Code.  If neither action is taken and a court has not      8,277        

otherwise issued a temporary order of detention applicable to the  8,278        

person under section 5122.11 of the Revised Code, the chief        8,279        

clinical officer shall discharge the person at the end of the      8,280        

three-day period unless the person has been sentenced to the       8,281        

department of rehabilitation and correction and has not been       8,282        

released from his THE PERSON'S sentence, in which case the person  8,283        

shall be returned to that department.                              8,284        

      Sec. 5122.32.  (A)  AS USED IN THIS SECTION:                 8,286        

      (1)  "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT    8,288        

IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF MENTAL     8,289        

HEALTH BY THE DIRECTOR OF MENTAL HEALTH, A COMMITTEE OF A          8,290        

HOSPITAL OR COMMUNITY SETTING PROGRAM, A COMMITTEE ESTABLISHED     8,291        

PURSUANT TO SECTION 5119.47 OF THE REVISED CODE OF THE DEPARTMENT  8,292        

OF MENTAL HEALTH APPOINTED BY THE MANAGING OFFICER OF THE                       

HOSPITAL OR PROGRAM, OR A DULY AUTHORIZED SUBCOMMITTEE OF A        8,294        

COMMITTEE OF THAT NATURE AND THAT IS DESIGNATED TO CARRY OUT       8,295        

QUALITY ASSURANCE PROGRAM ACTIVITIES.                                           

      (2)  "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE       8,297        

PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH TO SYSTEMATICALLY   8,298        

REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND MENTAL HEALTH        8,300        

SERVICES WITHIN THE DEPARTMENT AND ITS HOSPITALS AND COMMUNITY     8,301        

SETTING PROGRAMS, THE SAFETY AND SECURITY OF PERSONS RECEIVING                  

MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS   8,303        

HOSPITALS AND COMMUNITY SETTING PROGRAMS, AND THE EFFICIENCY AND   8,304        

                                                          200    

                                                                 
EFFECTIVENESS OF THE UTILIZATION OF STAFF AND RESOURCES IN THE     8,305        

DELIVERY OF MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE                       

DEPARTMENT AND ITS HOSPITALS AND COMMUNITY SETTING PROGRAMS.       8,306        

"QUALITY ASSURANCE PROGRAM" INCLUDES THE CENTRAL OFFICE QUALITY    8,308        

ASSURANCE COMMITTEES, MORBIDITY AND MORTALITY REVIEW COMMITTEES,   8,309        

QUALITY ASSURANCE PROGRAMS OF COMMUNITY SETTING PROGRAMS, QUALITY  8,310        

ASSURANCE COMMITTEES OF HOSPITALS OPERATED BY THE DEPARTMENT OF    8,311        

MENTAL HEALTH, AND THE OFFICE OF LICENSURE AND CERTIFICATION OF                 

THE DEPARTMENT.                                                    8,312        

      (3)  "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDE          8,314        

COLLECTING OR COMPILING INFORMATION AND REPORTS REQUIRED BY A      8,315        

QUALITY ASSURANCE COMMITTEE, RECEIVING, REVIEWING, OR              8,316        

IMPLEMENTING THE RECOMMENDATIONS MADE BY A QUALITY ASSURANCE       8,317        

COMMITTEE, AND CREDENTIALING, PRIVILEGING, INFECTION CONTROL,                   

TISSUE REVIEW, PEER REVIEW, UTILIZATION REVIEW INCLUDING ACCESS    8,318        

TO PATIENT CARE RECORDS, PATIENT CARE ASSESSMENT RECORDS, AND      8,320        

MEDICAL AND MENTAL HEALTH RECORDS, MEDICAL AND MENTAL HEALTH       8,322        

RESOURCE MANAGEMENT, MORTALITY AND MORBIDITY REVIEW, AND                        

IDENTIFICATION AND PREVENTION OF MEDICAL OR MENTAL HEALTH          8,323        

INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY ASSURANCE      8,324        

COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY ASSURANCE    8,325        

COMMITTEE.                                                                      

      (4)  "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS,      8,327        

DISCUSSION, RECORDS, FINDINGS, RECOMMENDATIONS, EVALUATIONS,       8,328        

OPINIONS, MINUTES, REPORTS, AND OTHER DOCUMENTS OR ACTIONS THAT    8,329        

EMANATE FROM QUALITY ASSURANCE COMMITTEES, QUALITY ASSURANCE       8,330        

PROGRAMS, OR QUALITY ASSURANCE PROGRAM ACTIVITIES.  "QUALITY       8,331        

ASSURANCE RECORDS" DOES NOT INCLUDE AGGREGATE STATISTICAL          8,332        

INFORMATION THAT DOES NOT DISCLOSE THE IDENTITY OF PERSONS                      

RECEIVING OR PROVIDING MEDICAL OR MENTAL HEALTH SERVICES IN        8,334        

DEPARTMENT OF MENTAL HEALTH INSTITUTIONS.                                       

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  8,337        

QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC      8,338        

RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE     8,339        

                                                          201    

                                                                 
USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY       8,340        

ASSURANCE PROGRAM.                                                              

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  8,342        

PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS    8,343        

AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS       8,344        

SHALL WILLFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY        8,345        

PERSON OR ENTITY.                                                               

      (C)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  8,348        

NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY IN, AND  8,349        

IS NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE   8,350        

PROCEEDING.                                                                     

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  8,353        

MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS                      

PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM  8,354        

SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR         8,355        

ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE        8,356        

RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION,            8,357        

EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,                    

MEMBER, OR PERSON.                                                 8,358        

      (3)  INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE  8,360        

FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING             8,361        

UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL   8,363        

OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED    8,365        

TO A QUALITY ASSURANCE COMMITTEE.  NO PERSON TESTIFYING BEFORE A   8,366        

QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A                      

QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS  8,367        

TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT   8,369        

BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY           8,370        

ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A  8,371        

RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.                          

      (D)(1)  A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE   8,374        

BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO     8,375        

THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY                 

ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL  8,376        

                                                          202    

                                                                 
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY     8,378        

PERSON AS A RESULT OF PROVIDING THE INFORMATION.                   8,379        

      (2)  A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON     8,381        

ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE   8,382        

OF THE DEPARTMENT OF MENTAL HEALTH SHALL NOT BE LIABLE IN DAMAGES  8,383        

IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR          8,384        

PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, DECISIONS, OR      8,385        

OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF THE QUALITY     8,386        

ASSURANCE PROGRAM.                                                              

      (3)  NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION   8,388        

OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A       8,389        

PATIENT.                                                                        

      (E)  QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND         8,392        

TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,                 

ONLY TO THE FOLLOWING PERSONS OR ENTITIES:                         8,393        

      (1)  PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT  8,395        

OF MENTAL HEALTH AND WHO HAVE AUTHORITY TO EVALUATE OR IMPLEMENT   8,396        

THE RECOMMENDATIONS OF A STATE-OPERATED HOSPITAL, COMMUNITY        8,397        

SETTING PROGRAM, OR CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;    8,398        

      (2)  PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED   8,400        

TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO        8,401        

DEPARTMENT OF MENTAL HEALTH HOSPITALS OR COMMUNITY SETTING         8,402        

PROGRAMS, OR TO PERFORM MONITORING OF A HOSPITAL OR PROGRAM OF     8,403        

THAT NATURE AS REQUIRED BY LAW.                                                 

      (F)  A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO   8,405        

DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE          8,406        

CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY        8,407        

ASSURANCE RECORDS.                                                              

      Sec. 5122.99.  A PERSON WHO VIOLATES DIVISION (B)(2) OF      8,409        

SECTION 5122.32 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN   8,410        

TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE  8,411        

THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE.              8,412        

      Sec. 5145.16.  (A)  The department of rehabilitation and     8,421        

correction shall establish a program for the employment WORK       8,422        

                                                          203    

                                                                 
PROGRAMS in some form of labor of FOR as many prisoners as         8,424        

possible who are in the custody of the department, except those    8,426        

prisoners who are not able to perform labor because of illness or  8,427        

other health problems, security requirements, routine processing,  8,428        

disciplinary action, or other reasonable circumstances or because  8,429        

they are engaged in educational, vocational, or other training.    8,430        

The employment LABOR may be in the department's manufacturing and  8,431        

service industries and agriculture, in private industry or         8,433        

agriculture that is located within or outside the department's     8,434        

institutions, in public works, in institutional jobs necessary     8,435        

for the proper maintenance and operation of the institutions       8,436        

under the control of the department, or in any other appropriate   8,437        

form of labor.  The department, pursuant to the program, shall     8,438        

attempt to employ, provide employment for, and seek employment     8,439        

for ENGAGE IN WORK PROGRAMS as many prisoners as possible who are  8,440        

in their ITS custody AND WHO ARE ELIGIBLE FOR THE PROGRAMS.  The   8,442        

department is not required to provide employment for ENGAGE every  8,443        

employable ELIGIBLE prisoner in their custody A WORK PROGRAM when  8,445        

there is not sufficient money, facilities, or jobs ARE NOT         8,447        

available to provide the employment FOR THE PROGRAM; however, the  8,448        

department shall continuously seek sources of employment LABOR     8,449        

for as many employable ELIGIBLE prisoners as possible.             8,450        

      (B)  The department, in establishing and administering the   8,452        

program WORK PROGRAMS established pursuant to division (A) of      8,453        

this section, shall do all of the following:                       8,455        

      (1)  Assign a level, grade within the level, or other        8,457        

category for each job within the penal manufacturing and service   8,458        

industries and agriculture, each job within private industry and   8,459        

agriculture, each institutional job, each job in public works,     8,461        

and every other job for which prisoners are eligible to perform    8,462        

labor.  The level, grade, and other categorization of each job     8,463        

shall be dependent upon the skills required to perform the job,    8,464        

the security that is present at the job, the salary and other      8,465        

compensation for the job, and any other relevant characteristics   8,466        

                                                          204    

                                                                 
of the job.                                                        8,467        

      (2)  Establish for each institution controlled by the        8,469        

department a system for assigning prisoners to perform jobs, for   8,470        

periodically evaluating the job performance of each prisoner, and  8,471        

for periodically evaluating the qualifications of each prisoner    8,472        

for other jobs;                                                    8,473        

      (3)  Transfer prisoners, whenever appropriate, to            8,475        

institutions controlled by the department to enable a prisoner to  8,476        

be employed at ENGAGED IN a different job;                         8,477        

      (4)  Whenever appropriate, permit prisoners to be            8,479        

furloughed RELEASED ON TRANSITIONAL CONTROL, in addition to other  8,481        

authorized reasons for granting a furlough TRANSFERRING A          8,482        

PRISONER TO TRANSITIONAL CONTROL, to gain POST-RELEASE employment  8,483        

in private industry or agriculture;                                8,484        

      (5)  Attempt to provide jobs and job training for prisoners  8,486        

that will be useful to the prisoners in obtaining employment when  8,487        

released, except that institutional jobs at the institutions need  8,488        

not be related to employment outside the institution;              8,489        

      (6)  Establish an accounting system to administer and        8,491        

allocate the earnings of the prisoners as provided by division     8,492        

(C)(8) of this section;                                            8,493        

      (7)  Require all persons IN PRIVATE INDUSTRY OR AGRICULTURE  8,495        

who employ prisoners to meet all applicable work safety            8,497        

standards.                                                                      

      (C)  The department, in establishing and administering the   8,499        

program WORK PROGRAMS required to be established by division (A)   8,500        

of this section, may do any of the following:                      8,502        

      (1)  Enter into contracts with private industry and          8,504        

agriculture and receive grants to establish test work programs     8,505        

within or outside institutions under the control of the            8,506        

department;                                                        8,507        

      (2)  Enter into contracts with private industry for the      8,509        

establishment of manufacturing and service industries within or    8,510        

close to institutions under the control of the department for the  8,511        

                                                          205    

                                                                 
employment of prisoners;                                           8,512        

      (3)  Enter into contracts with private industry and          8,514        

agriculture to provide employment WORK PROGRAMS for prisoners;     8,515        

      (4)  Lease or sell state-owned land for the establishment    8,517        

of private industry or agriculture upon the condition that the     8,518        

majority of the industrial or agricultural jobs created by the     8,519        

industry or agriculture be given to prisoners;                     8,520        

      (5)  Construct factories or shops to provide employment      8,522        

WORK PROGRAMS for prisoners;                                       8,524        

      (6)  Enter into contracts with labor organizations, except   8,526        

that the department shall not permit any prisoners to establish    8,527        

their own labor organization and that a labor organization shall   8,528        

not represent any prisoners employed within an institution         8,529        

controlled by the department;                                      8,530        

      (7)  Enter into any other contracts or perform any other     8,532        

functions that are necessary to comply with division (A) of this   8,533        

section or section 5145.161 of the Revised Code;                   8,534        

      (8)  Allocate the earnings of the prisoners as follows:      8,536        

      (a)  Up to twenty-five per cent of the earnings to           8,539        

reimburse the state for room and board and for the expense of                   

providing employment to the prisoner.                              8,540        

      (b)  Up to twenty-five per cent of the earnings to be        8,543        

distributed to one or both of the following:                                    

      (i)  To the victims of the prisoner's offenses for           8,545        

restitution if the prisoner voluntarily requests or is under       8,546        

court order to make restitution payments;                          8,547        

      (ii)  To the reparations fund established pursuant to        8,550        

division (A) of section 2743.191 of the Revised Code if the        8,551        

prisoner voluntarily participates in an approved work and          8,552        

training program under this section.                                            

      (c)  Up to twenty-five per cent of the earnings to the       8,555        

prisoner's dependents.                                                          

      (d)  At least twenty-five per cent of the earnings to the    8,558        

account of the prisoner.                                                        

                                                          206    

                                                                 
      (D)  A PRISONER WHO IS ENGAGED IN A WORK PROGRAM THAT IS     8,560        

ESTABLISHED UNDER THIS SECTION AND IN WHICH THE PRISONER IS        8,562        

REQUIRED TO OPERATE A MOTOR VEHICLE, AS DEFINED IN DIVISION (I)    8,563        

OF SECTION 4509.01 OF THE REVISED CODE, IS AN "EMPLOYEE" OF THE    8,564        

STATE FOR THE SOLE PURPOSE OF LIABILITY INSURANCE COVERAGE                      

PURSUANT TO SECTION 9.83 OF THE REVISED CODE TO COVER THE          8,566        

PRISONER'S REQUIRED OPERATION OF THE MOTOR VEHICLE.  A PRISONER    8,567        

ENROLLED IN A WORK PROGRAM ESTABLISHED BY THE DEPARTMENT OF                     

REHABILITATION AND CORRECTION SHALL NOT BE CONSIDERED AS AN        8,568        

EMPLOYEE OF THE STATE UNDER ANY OTHER CIRCUMSTANCE OR FOR ANY      8,569        

OTHER PURPOSE.                                                                  

      Sec. 5145.24.  (A)  THE DIRECTOR OF REHABILITATION AND       8,571        

CORRECTION MAY GRANT AN ADMINISTRATIVE RELEASE, AS DEFINED IN      8,572        

SECTION 2967.01 OF THE REVISED CODE, TO A PRISONER WHO ESCAPED     8,573        

FROM A STATE CORRECTIONAL INSTITUTION AND WHOSE WHEREABOUTS ARE    8,574        

UNKNOWN WHEN BOTH OF THE FOLLOWING APPLY:                          8,575        

      (1)  THE NINETIETH ANNIVERSARY OF THE PRISONER'S BIRTH HAS   8,578        

PASSED;                                                                         

      (2)  A PERIOD OF AT LEAST TWENTY YEARS HAS PASSED SINCE THE  8,581        

DATE OF THE PRISONER'S ESCAPE.                                                  

      (B)  THE DIRECTOR SHALL ADOPT RULES PURSUANT TO SECTION      8,583        

111.15 OF THE REVISED CODE FOR THE GRANTING OF AN ADMINISTRATIVE   8,584        

RELEASE UNDER THIS SECTION.                                                     

      (C)  AN ADMINISTRATIVE RELEASE GRANTED UNDER THIS SECTION    8,586        

DOES NOT OPERATE TO RESTORE THE RIGHTS AND PRIVILEGES FORFEITED    8,587        

BY CONVICTION AS PROVIDED IN SECTION 2961.01 OF THE REVISED CODE.  8,588        

      (D)  THE AUTHORITY TO GRANT AN ADMINISTRATIVE RELEASE THAT   8,590        

IS CONTAINED IN THIS SECTION IS INDEPENDENT OF THE ADMINISTRATIVE  8,591        

RELEASE PROVISIONS CONTAINED IN SECTION 2967.17 OF THE REVISED     8,592        

CODE.                                                                           

      Sec. 5149.05.  (A)  Subject to division (B) of this          8,601        

section, employees of the adult parole authority, when authorized  8,603        

by the chief of the division of parole and community services,     8,604        

may carry firearms if required in the discharge of their duties.   8,605        

                                                          207    

                                                                 
      (B)  The chief of the adult parole authority may grant a     8,607        

state parole officer or field officer AN EMPLOYEE permission to    8,608        

carry firearms A FIREARM in the discharge of THE EMPLOYEE'S        8,610        

official duties, provided that any parole officer or field         8,611        

officer who is granted permission to carry firearms in the         8,612        

discharge of official duties shall, within six months of           8,613        

receiving permission to carry a firearm, THE EMPLOYEE HAS          8,614        

successfully complete COMPLETED a basic firearm training program   8,615        

that is conducted at a training school approved by the Ohio peace  8,616        

officer training commission and that is substantially similar to   8,617        

the basic firearm training program for peace officers conducted    8,618        

at the Ohio peace officer training academy and receive a           8,619        

certificate of satisfactory completion of that program from the    8,620        

executive director of the Ohio peace officer training commission.  8,621        

Any state parole or field officer who does not successfully        8,622        

complete a basic firearm training program within the six-month     8,623        

period after receiving permission to carry a firearm shall not     8,624        

carry a firearm in the discharge of official duties until the      8,625        

officer has successfully completed a basic firearm training        8,626        

program.  After receipt of a certificate of satisfactory           8,627        

completion of a basic firearm training program, to maintain the    8,628        

right to carry firearms in the discharge of official duties, a     8,629        

state parole officer or field officer shall ADMINISTERED BY THE    8,630        

DEPARTMENT OF REHABILITATION AND CORRECTION.  IN ORDER TO          8,631        

CONTINUE TO CARRY A FIREARM IN THE DISCHARGE OF THE EMPLOYEE'S                  

OFFICIAL DUTIES, THE EMPLOYEE ANNUALLY SHALL successfully          8,632        

complete a firearms requalification program in accordance with     8,634        

section 109.801 of the Revised Code.                                            

      Sec. 5149.09.  Except as provided in section 5149.02 and     8,643        

division (B) of section 5149.10 of the Revised Code, all           8,644        

positions in the adult parole authority are in the classified      8,646        

civil service of the state, and appointments to the various        8,648        

positions in the department shall be made in accordance with       8,649        

Chapter 124. of the Revised Code and with rules adopted pursuant   8,650        

                                                          208    

                                                                 
to that chapter.                                                                

      The chief of the division of parole and community services   8,652        

is the principal appointing authority of the adult parole          8,653        

authority, and the chief shall appoint all officers and employees  8,655        

of the authority except for those officers appointed by the        8,656        

director of rehabilitation and correction pursuant to section      8,657        

5149.02 or division (B) of section 5149.10 of the Revised Code.    8,658        

      Sec. 5149.30.  As used in sections 5149.30 to 5149.37 of     8,667        

the Revised Code:                                                  8,668        

      (A)  "Community corrections programs" include, but are not   8,672        

limited to, probation, parole, preventive or diversionary                       

corrections programs, release-on-recognizance programs, and        8,673        

PROSECUTORIAL DIVERSION PROGRAMS, specialized treatment programs   8,675        

for alcoholic and narcotic-addicted offenders, AND COMMUNITY       8,676        

CONTROL SANCTIONS AS DEFINED IN SECTION 2929.01 OF THE REVISED     8,677        

CODE.                                                                           

      (B)  "Local corrections planning board" means the board      8,679        

established in each county under section 5149.34 of the Revised    8,680        

Code.                                                              8,681        

      (C)  "Joint county corrections planning board" means the     8,683        

board established by contiguous MULTIPLE counties under section    8,684        

5149.35 of the Revised Code.                                       8,686        

      Sec. 5149.31.  The department of rehabilitation and          8,695        

correction shall do all of the following:                          8,696        

      (A)  Establish and administer a program of subsidies to FOR  8,698        

eligible counties and groups of contiguous counties for felony     8,699        

offenders and a program of subsidies to FOR eligible municipal     8,701        

corporations, counties, and groups of contiguous counties for      8,704        

misdemeanor offenders for the development, implementation, and     8,706        

operation of community corrections programs.  Department                        

expenditures for administration of both programs of subsidies      8,707        

shall not exceed ten per cent of the moneys appropriated for each  8,708        

of the purposes of this division.                                  8,709        

      (B)  Adopt and promulgate rules, under Chapter 119. of the   8,711        

                                                          209    

                                                                 
Revised Code, providing standards for community corrections        8,712        

programs.  The standards shall be designed to improve the quality  8,713        

and efficiency of the programs and to reduce the number of         8,714        

persons committed to state correctional institutions and to        8,716        

county, multicounty, municipal, municipal-county, or                            

multicounty-municipal jails or workhouses for offenses for which   8,717        

community control sanctions are authorized under section 2929.13   8,718        

or 2929.15 of the Revised Code.  In developing the standards, the  8,719        

department shall consult with, and seek the advice of, local       8,720        

corrections agencies, law enforcement agencies, and other public   8,721        

and private agencies concerned with corrections.  The department   8,722        

shall conduct, and permit participation by local corrections       8,723        

planning boards established under section 5149.34 of the Revised   8,724        

Code and joint county corrections planning boards established      8,725        

under section 5149.35 of the Revised Code in, an annual review of  8,726        

the standards to measure their effectiveness in promoting the      8,727        

purposes specified in this division and shall amend or rescind     8,728        

any existing rule providing a standard or adopt and promulgate     8,729        

additional rules providing standards, under Chapter 119. of the    8,730        

Revised Code, if the review indicates that the standards fail to   8,731        

promote the purposes.                                              8,732        

      (C)  Accept and use any funds, goods, or services from the   8,734        

federal government or any other public or private source for the   8,735        

support of the subsidy programs established under division (A) of  8,737        

this section.  The department may comply with any conditions and                

enter into any agreements that it considers necessary to obtain    8,738        

these funds, goods, or services.                                   8,739        

      (D)  Adopt rules, in accordance with Chapter 119. of the     8,741        

Revised Code, and do all other things necessary to implement       8,742        

sections 5149.30 to 5149.37 of the Revised Code;                   8,743        

      (E)  Evaluate or provide for the evaluation of community     8,745        

corrections programs funded by the subsidy programs established    8,746        

under division (A) of this section and establish means of          8,747        

measuring their effectiveness;                                                  

                                                          210    

                                                                 
      (F)  Prepare an annual report evaluating the subsidy         8,749        

programs established under division (A) of this section.  The      8,750        

report shall include, but need not be limited to, analyses of the  8,751        

structure of the programs and their administration by the          8,752        

department, the effectiveness of the programs in the development   8,753        

and implementation of community corrections programs, the          8,754        

specific standards adopted and promulgated under division (B) of   8,755        

this section and their effectiveness in promoting the purposes of  8,756        

the programs, and the findings of the evaluations conducted under  8,757        

division (E) of this section.  The director of rehabilitation and  8,758        

correction shall review and certify the accuracy of the report     8,759        

and provide copies of it, upon request, to members of the general  8,760        

assembly.                                                          8,761        

      (G)  Provide training or assistance, upon THE request OF A   8,763        

LOCAL CORRECTIONS PLANNING BOARD OR A JOINT COUNTY CORRECTIONS     8,764        

PLANNING BOARD, to any local unit of government with an            8,766        

in-service training program for corrections personnel, subject to  8,767        

available resources of the department.                             8,768        

      Sec. 5149.32.  To be eligible for funds from the subsidy     8,777        

programs established under division (A) of section 5149.31 of the  8,779        

Revised Code, a municipal corporation, county, or group of         8,780        

contiguous counties shall comply with all of the following that    8,781        

are relevant:                                                      8,782        

      (A)  Maintain programs that meet the standards adopted       8,784        

under division (B) of section 5149.31 of the Revised Code, or, in  8,785        

the case of a county or group of contiguous counties that has not  8,786        

established a department of probation and receives probation       8,787        

services through the parole supervision section of the authority,  8,788        

establish that any subsidy received from the subsidy program for   8,790        

felony offenders established under division (A) of section                      

5149.31 of the Revised Code would be used to establish or          8,792        

maintain programs that meet the standards adopted under division   8,793        

(B) of that section and that are or will be operated by the        8,794        

parole supervision section as an extension of the probation        8,795        

                                                          211    

                                                                 
services it provides to the county or group of contiguous          8,796        

counties;                                                                       

      (B)  Demonstrate that it has made efforts to unify or        8,798        

coordinate its correctional service programs through               8,799        

consolidation, written agreements, purchase of service contracts,  8,800        

or other means;                                                    8,801        

      (C)  Demonstrate that the comprehensive plan, if any, for    8,803        

the county in which the municipal corporation is located, for the  8,804        

county, or for each county of the group of contiguous counties,    8,805        

as adopted under section 5149.34 of the Revised Code, has been     8,806        

approved by the director of rehabilitation and correction, or      8,807        

demonstrate, if applicable, an approval as described in division   8,808        

(C) of section 5149.34 of the Revised Code;                        8,809        

      (D)  If a subsidy was received in any prior fiscal year      8,811        

from a subsidy program established under division (A) of section   8,813        

5149.31 of the Revised Code, demonstrate that the subsidy was      8,814        

expended in a good faith effort to improve the quality and                      

efficiency of its community corrections programs and to reduce     8,816        

the number of persons committed to state correctional              8,817        

institutions and to county, multicounty, municipal,                             

municipal-county, or multicounty-municipal jails or workhouses.    8,818        

      Sec. 5149.33.  No municipal corporation, county, or group    8,827        

of contiguous counties receiving a subsidy under division (A) of   8,828        

section 5149.31 of the Revised Code shall reduce, by the amount    8,829        

of the subsidy it receives or by a greater or lesser amount, the   8,830        

amount of local, nonfederal funds it expends for corrections,      8,831        

including, but not limited to, the amount of local, nonfederal                  

funds it expends for the operation of the county, multicounty,     8,832        

municipal, municipal-county, or multicounty-municipal jail or      8,833        

workhouse, for any county or municipal probation department, or    8,834        

for any community corrections program.  Each subsidy shall be      8,835        

used to make corrections expenditures in excess of those being     8,836        

made from local, nonfederal funds.  No subsidy or portion of a     8,837        

subsidy shall be used to make capital improvements.  If a          8,838        

                                                          212    

                                                                 
recipient violates this section, the department of rehabilitation  8,839        

and correction shall discontinue subsidy payments to the                        

recipient.                                                         8,840        

      Sec. 5149.34.  (A)(1)(a)  If a county desires to receive a   8,849        

subsidy from a subsidy program established under division (A) of   8,851        

section 5149.31 of the Revised Code for two or more community      8,852        

corrections programs as described in division (B) of that          8,854        

section, then, on and after August 22, 1990, the board of county   8,855        

commissioners of the county shall establish, by a resolution as    8,858        

described in this division, and maintain a local corrections       8,859        

planning board that, except as provided in division (A)(1)(b)(2)   8,860        

of this section, shall include an administrator of a county,       8,862        

multicounty, municipal, municipal-county, or                       8,863        

multicounty-municipal jail or workhouse located in the county, a   8,864        

county commissioner of that county, a judge of the court of        8,865        

common pleas of that county, a judge of a municipal court OR       8,866        

COUNTY COURT of that county, an attorney whose practice of law     8,867        

primarily involves the representation of criminal defendants, the  8,868        

chief law enforcement officer of the largest municipal             8,869        

corporation located in the county, the county sheriff, one or      8,870        

more prosecutors, as defined in section 2935.01 of the Revised     8,871        

Code, one or more representatives of the public, one of whom       8,873        

shall be a victim of crime, one or more additional                              

representatives of the law enforcement community, one or more      8,875        

additional representatives of the judiciary, one or more           8,876        

additional representatives of the field of corrections, and        8,877        

officials from the largest municipal corporation located in the    8,878        

county.  A majority of the members of the board shall be employed  8,879        

in the adult criminal justice field.  At least two members of the  8,880        

board shall be members of the largest racial minority population,  8,882        

if any, in the county, and at least two other members of the       8,883        

board shall be women.  The resolution shall state the number and   8,884        

nature of the members, the duration of their terms, the manner of  8,885        

filling vacancies on the board, and the compensation, if any,      8,886        

                                                          213    

                                                                 
that members are to receive.  THE BOARD OF COUNTY COMMISSIONERS    8,887        

ALSO MAY SPECIFY, AS PART OF THE RESOLUTION, ANY OTHER DUTIES THE  8,888        

LOCAL CORRECTIONS PLANNING BOARD IS TO ASSUME.                                  

      (b)(2)  If, for good cause shown, including, but not         8,890        

limited to, the refusal of a specified individual to serve on a    8,891        

local corrections planning board, a particular county is not able  8,892        

to satisfy the requirements specified in division (A)(1)(a) of     8,893        

this section for the composition of such a board, the director of  8,894        

rehabilitation and correction may waive the requirements to the    8,895        

extent necessary and approve a composition for the board that      8,896        

otherwise is consistent with the requirements.                     8,897        

      (2)  If a county desires to receive a subsidy from a         8,899        

subsidy program established under division (A) of section 5149.31  8,900        

of the Revised Code for only one community corrections program as  8,902        

described in division (B) of that section, and if that county      8,903        

received prior to August 22, 1990, a subsidy from that program     8,904        

for any community corrections program as described in division     8,905        

(B) of that section, then, on and after August 22, 1990, the       8,906        

board of county commissioners of the county shall establish and    8,907        

maintain, subject to division (A)(1)(b) of this section, a local   8,908        

corrections planning board as described in division (A)(1)(a) of   8,909        

this section.                                                      8,910        

      (3)  If a county desires to receive a subsidy from a         8,912        

subsidy program established under division (A) of section 5149.31  8,913        

of the Revised Code for only one community corrections program as  8,914        

described in division (B) of that section, and if that county did  8,916        

not receive prior to August 22, 1990, a subsidy from that program  8,917        

for any community corrections program as described in division     8,918        

(B) of that section, then, on and after August 22, 1990, the       8,919        

board of county commissioners of the county may establish and                   

maintain, but is not required to establish and maintain as a       8,920        

condition of receiving the subsidy, a local corrections planning   8,921        

board as described in division (A)(1)(a) of this section.  If the  8,922        

board of county commissioners elects to establish and maintain a   8,923        

                                                          214    

                                                                 
local corrections planning board, the board either shall comply    8,924        

with division (B) or (C) of this section.                          8,925        

      (B)  Each local corrections planning board established       8,927        

pursuant to division (A)(1) or (2) of this section shall adopt     8,928        

within eighteen months after its establishment, and from time to   8,929        

time shall revise, a comprehensive plan for the development,       8,931        

implementation, and operation of corrections services in the       8,932        

county.  The plan shall be adopted and revised after               8,933        

consideration has been given to the impact that it will have or    8,934        

has had on the populations of state correctional institutions and  8,936        

county, multicounty, municipal, municipal-county, or               8,937        

multicounty-municipal jails or workhouses in the county, and       8,938        

shall be designed to unify or coordinate corrections services in   8,939        

the county and to reduce the number of persons committed,          8,940        

consistent with the standards adopted under division (B) of        8,941        

section 5149.31 of the Revised Code, from that county to state     8,942        

correctional institutions and to county, multicounty, municipal,   8,943        

municipal-county, or multicounty-municipal jails or workhouses.    8,944        

The plan and any revisions to the plan shall be submitted to the   8,945        

board of county commissioners of the county in which the local     8,946        

corrections planning board is located for approval.                8,947        

      If a county has a community-based correctional facility and  8,949        

program established in accordance with sections 2301.51 to         8,950        

2301.56 of the Revised Code, the budgets of the facility and       8,951        

program shall not be subject to approval by the local corrections  8,952        

planning board, but instead shall continue to be determined in     8,953        

accordance with those sections.  However, the local corrections    8,954        

planning board shall include the facility and program as part of   8,955        

the comprehensive plan adopted and revised pursuant to this        8,956        

division.                                                          8,957        

      (C)  If a county desires to receive a subsidy from a         8,959        

subsidy program established under division (A) of section 5149.31  8,960        

of the Revised Code for only one community corrections program as  8,962        

described in division (B) of that section, if that county did not  8,963        

                                                          215    

                                                                 
receive prior to August 22, 1990, a subsidy from that program for  8,964        

any community corrections program as described in division (B) of  8,965        

that section, and if a local corrections planning board is not     8,966        

established and maintained for that county or a local corrections  8,967        

planning board is established and maintained for that county but   8,968        

the board does not adopt a comprehensive plan as described in      8,969        

division (B) of this section in accordance with division (A)(3)    8,970        

of this section, then, prior to receiving a subsidy from the       8,971        

subsidy program for the felony community corrections program or    8,973        

from the subsidy program for the misdemeanor community                          

corrections program, the board shall obtain the approval of the    8,975        

relevant parties in the criminal justice system that will be       8,976        

affected by the community corrections program.                                  

      Sec. 5149.35.  (A)  The boards of county commissioners of    8,986        

two or more contiguous counties may enter into an agreement for    8,987        

the joint development, implementation, and operation of community  8,989        

corrections programs and, if the circumstances described in        8,991        

division (A)(1)(a) or (2) of section 5149.34 of the Revised Code   8,992        

apply to the counties, shall MAY establish and maintain a joint    8,994        

county corrections planning board.  Subject to division            8,995        

(A)(1)(b)(2) of section 5149.34 of the Revised Code, the board     8,996        

shall consist of an equal number of members of each county's       8,997        

local corrections planning board as established and maintained     8,998        

under division (A)(1)(a) or (2) of that section.  The joint        8,999        

county corrections planning board shall comply with the            9,000        

comprehensive plans adopted under that section in the operation    9,001        

of community corrections programs, but, if provisions of the       9,003        

comprehensive plans are contradictory or otherwise inconsistent,   9,004        

the board shall determine which provisions control.                9,005        

      (B)  If contiguous counties desire to receive a subsidy      9,007        

from a subsidy program established under division (A) of section   9,009        

5149.31 of the Revised Code for only one community corrections     9,010        

program as described in division (B) of that section, and if the   9,011        

counties did not receive prior to August 22, 1990, a subsidy from  9,013        

                                                          216    

                                                                 
that program for a community corrections program as described in                

division (B) of that section, then, on and after August 22, 1990,  9,015        

the boards of county commissioners of the counties may establish   9,018        

and maintain, but are not required to establish and maintain as a  9,019        

condition of receiving the subsidy, a joint county corrections     9,020        

planning board as described in division (A) of this section.  If   9,021        

the boards of county commissioners elect to establish and          9,022        

maintain a joint county corrections planning board, the board      9,023        

shall comply with either division (B) or (C) of section 5149.34    9,024        

of the Revised Code.  If the boards of county commissioners do     9,025        

not elect to establish and maintain a joint county corrections     9,026        

planning board or if they establish and maintain a joint county    9,027        

corrections planning board but the board does not adopt a          9,028        

comprehensive plan as described in division (B) of section         9,029        

5149.34 of the Revised Code, the board shall comply with division  9,030        

(C) of that section.                                                            

      Sec. 5149.36.  Subject to appropriations by the general      9,040        

assembly, the department of rehabilitation and correction shall    9,041        

award subsidies to eligible municipal corporations, counties, and  9,042        

groups of contiguous counties pursuant to the subsidy programs     9,043        

described in division (A) of section 5149.31 of the Revised Code   9,044        

only in accordance with criteria that the department shall         9,045        

specify in rules adopted pursuant to Chapter 119. of the Revised   9,046        

Code.  The criteria shall be designed to provide for subsidy       9,047        

awards only on the basis of demonstrated need and the              9,048        

satisfaction of specified priorities.  The criteria shall be       9,049        

consistent with the following:                                                  

      (A)  First priority shall be given to the continued funding  9,051        

of existing community corrections programs that satisfy the        9,053        

standards adopted pursuant to division (B) of section 5149.31 of   9,054        

the Revised Code and that are designed to reduce the number of     9,055        

persons committed to state correctional institutions.              9,056        

      (B)  Second priority shall be given to new community         9,058        

corrections programs that are designed to reduce the number of     9,060        

                                                          217    

                                                                 
persons committed to state correctional institutions or the        9,062        

number of persons committed to county, multicounty, municipal,     9,063        

municipal-county, or multicounty-municipal jails or workhouses.    9,064        

      Sec. 5149.37.  No provision of sections 5149.30 to 5149.36   9,073        

of the Revised Code shall be construed to impose limitations upon  9,074        

the power of the department of rehabilitation and correction       9,075        

under Chapters 5120. and 5149. of the Revised Code to afford       9,076        

municipal corporations and counties with and to supervise their    9,077        

probation, parole, and other corrections services, or to impose    9,078        

limitations upon the power of the department to contract with a    9,079        

county or group of contiguous counties that has not established a  9,080        

department of probation and receives probation services through    9,081        

the parole supervision section of the authority, for the purpose   9,082        

of establishing and maintaining with the amount of a subsidy       9,083        

awarded to the county or group of contiguous counties pursuant to  9,084        

sections 5149.31 to 5149.36 of the Revised Code one or more        9,085        

community corrections programs that meet the standards adopted     9,087        

under division (B) of section 5149.31 of the Revised Code and      9,088        

that are or will be operated by the parole supervision section as  9,089        

an extension of the probation services it provides to the county   9,090        

or group of contiguous counties.                                                

      Section 2.  That existing sections 9.83, 109.42, 307.93,     9,092        

341.14, 341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16,    9,093        

753.21, 2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25,      9,094        

2305.251, 2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14,    9,096        

2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2961.01,     9,097        

2963.35, 2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22,   9,099        

2967.26, 2967.27, 2967.28, 3313.65, 5120.031, 5120.05, 5120.06,    9,100        

5120.102, 5120.103, 5120.104, 5120.105, 5120.16, 5120.331,         9,101        

5120.38, 5122.10, 5145.16, 5149.05, 5149.09, 5149.30, 5149.31,     9,102        

5149.32, 5149.33, 5149.34, 5149.35, 5149.36, and 5149.37 and       9,104        

sections 2967.23, 5120.07, 5120.071, 5120.072, 5120.073, and       9,105        

5120.074 of the Revised Code are hereby repealed.                  9,107        

      Section 3.  That Sections 3, 4, and 5 of Am. Sub. H.B. 725   9,109        

                                                          218    

                                                                 
of the 119th General Assembly are hereby repealed.                 9,110        

      Section 4.  Section 109.42 of the Revised Code is presented  9,113        

in this act as a composite of the section as amended by both Am.   9,114        

Sub. H.B. 601 and Am. Sub. H.B. 180 of the 121st General           9,115        

Assembly, with the new language of neither of the acts shown in    9,117        

capital letters.  Sections 307.93, 341.14, 341.19, 341.23,         9,118        

341.34, 753.02, 753.04, 753.16, 753.21, 2301.56, and 2947.19 of    9,119        

the Revised Code are presented in this act as a composite of the   9,120        

sections as amended by Sub. H.B. 480 and Am. Sub. S.B. 269 of the  9,121        

121st General Assembly, with the new language of neither of the    9,122        

acts shown in capital letters.  Section 2903.13 of the Revised     9,124        

Code is presented in this act as a composite of the section as     9,125        

amended by both Am. Sub. S.B. 239 and Sub. H.B. 480 of the 121st   9,126        

General Assembly, with the new language of neither of the acts     9,128        

shown in capital letters.  Section 2929.01 of the Revised Code is  9,129        

presented in this act as a composite of the section as amended by  9,130        

Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. S.B. 166, Am. Sub.      9,131        

S.B. 269, and Am. Sub. H.B. 180 of the 121st General Assembly,     9,133        

with the new language of none of the acts shown in capital         9,135        

letters.  Section 2929.13 of the Revised Code is presented in      9,136        

this act as a composite of the section as amended by Am. Sub.      9,138        

H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am. Sub. H.B.               

180 of the 121st General Assembly, with the new language of none   9,141        

of the acts shown in capital letters.  Section 2967.27 of the      9,142        

Revised Code is presented in this act as a composite of the        9,143        

section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B.     9,144        

180 of the 121st General Assembly, with the new language of        9,145        

neither of the acts shown in capital letters.  Section 3313.65 of  9,147        

the Revised Code is presented in this act as a composite of the    9,148        

section as amended by both Am. Sub. H.B. 117 and Am. Sub. S.B. 2   9,149        

of the 121st General Assembly, with the new language of neither    9,151        

of the acts shown in capital letters.  Section 5120.031 of the     9,152        

Revised Code is presented in this act as a composite of the        9,153        

section as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B.     9,154        

                                                          219    

                                                                 
230 of the 121st General Assembly, with the new language of        9,155        

neither of the acts shown in capital letters.  Section 5120.16 of  9,157        

the Revised Code is presented in this act as a composite of the    9,158        

section as amended by both Am. Sub. H.B. 124 and Am. Sub. S.B.     9,159        

285 of the 121st General Assembly, with the new language of        9,160        

neither of the acts shown in capital letters.  This is in          9,162        

recognition of the principle stated in division (B) of section                  

1.52 of the Revised Code that such amendments are to be            9,163        

harmonized where not substantively irreconcilable and constitutes  9,164        

a legislative finding that such is the resulting version in        9,165        

effect prior to the effective date of this act.                    9,166        

      Section 5.  Sections 1, 2, 3, and 4 of this act shall take   9,168        

effect on July 1, 1997, or on the earliest date permitted by law,  9,169        

whichever is later.