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
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A B I L L
To amend sections 9.83, 109.42, 307.93, 341.14, 12
341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 13
753.16, 753.21, 2301.51, 2301.52, 2301.55,
2301.56, 2305.24, 2305.25, 2305.251, 2901.07, 15
2903.13, 2921.36, 2929.01, 2929.13, 2929.14,
2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 17
2950.01, 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.