As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


        SENATORS B. JOHNSON-BLESSING-CARNES-WATTS-GAETH-           7/1          

                      REPRESENTATIVE GARCIA                        7/2          


                                                                   7/4          

                           A   B I L L                                          

             To amend sections 9.83, 109.42, 307.93, 341.14,       7/6          

                341.19, 341.21, 341.23, 341.34, 753.02, 753.04,    7/7          

                753.16, 753.21, 2301.51, 2301.52, 2301.55,                      

                2301.56, 2305.24, 2305.25, 2305.251, 2901.07,      7/9          

                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, 2969.21, 2969.22, 2969.24,                    

                2969.26, 3313.65, 5120.031, 5120.05, 5120.06,      23           

                5120.102, 5120.103, 5120.104, 5120.105, 5120.16,   24           

                5120.331, 5120.38, 5122.10, 5145.16, 5149.05,      25           

                5149.09, 5149.30, 5149.31, 5149.32, 5149.33,                    

                5149.34, 5149.35, 5149.36, and 5149.37, to enact   27           

                sections 2967.141, 5120.163, 5120.172, 5120.211,   29           

                5120.381, 5120.382, 5120.56, 5120.99, 5122.32,     30           

                5122.99, and 5145.24 and to repeal sections        31           

                2967.23, 5120.07, 5120.071, 5120.072, 5120.073,                 

                and 5120.074 of the Revised Code and to repeal     32           

                Sections 3, 4, and 5 of Am. Sub. H.B. 725 of the   33           

                119th General Assembly relative to the law                      

                governing the Department of Rehabilitation and     34           

                Correction, to certain corrections-related         35           

                matters, to quality assurance records of the                    

                Department of Rehabilitation and Correction and    36           

                the Department of Mental Health, to the                         

                competence as electors of felons who are on        37           

                                                          2      

                                                                 
                judicial release or under post-release control,    38           

                and to the examination and testing for             39           

                tuberculosis, hepatitis, HIV infection, and other  40           

                contagious diseases of convicted and certain       41           

                accused offenders who are confined.                42           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        44           

      Section 1.  That sections 9.83, 109.42, 307.93, 341.14,      46           

341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16, 753.21,    47           

2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25, 2305.251,    48           

2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14, 2929.16,     49           

2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2961.01, 2963.35,     50           

2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 2967.26,   53           

2967.27, 2967.28, 2969.21, 2969.22, 2969.24, 2969.26, 3313.65,     54           

5120.031, 5120.05, 5120.06, 5120.102, 5120.103, 5120.104,          55           

5120.105, 5120.16, 5120.331, 5120.38, 5122.10, 5145.16, 5149.05,   58           

5149.09, 5149.30, 5149.31, 5149.32, 5149.33, 5149.34, 5149.35,     59           

5149.36, and 5149.37 be amended and sections 2967.141, 5120.163,   60           

5120.172, 5120.211, 5120.381, 5120.382, 5120.56, 5120.99,          63           

5122.32, 5122.99, and 5145.24 of the Revised Code be enacted to    64           

read as follows:                                                                

      Sec. 9.83.  (A)  The state and any political subdivision     73           

may procure a policy or policies of insurance insuring its         74           

officers and employees against liability for injury, death, or     75           

loss to person or property that arises out of the operation of an  76           

automobile, truck, motor vehicle with auxiliary equipment,         77           

self-propelling equipment or trailer, aircraft, or watercraft by   78           

the officers or employees while engaged in the course of their     79           

employment or official responsibilities for the state or the       80           

political subdivision.  The state is authorized to expend funds    81           

to pay judgments that are rendered in any court against its        82           

officers or employees and that result from such operation, and is  83           

authorized to expend funds to compromise claims for liability      84           

against its officers or employees that result from such            85           

                                                          3      

                                                                 
operation.  No insurer shall deny coverage under such a policy,    86           

and the state shall not refuse to pay judgments or compromise      87           

claims, on the ground that an automobile, truck, motor vehicle     88           

with auxiliary equipment, self-propelling equipment or trailer,    89           

aircraft, or watercraft was not being used in the course of an     90           

officer's or employee's employment or official responsibilities    91           

for the state or a political subdivision unless the officer or     92           

employee who was operating an automobile, truck, motor vehicle     93           

with auxiliary equipment, or self-propelling equipment or trailer  94           

is convicted of a violation of section 124.71 of the Revised Code  95           

as a result of the same events.                                    96           

      (B)  Such funds shall be reserved as are necessary, in the   98           

exercise of sound and prudent actuarial judgment, to cover         99           

potential expense, fees, damage, loss, or other liability.  The    100          

superintendent of insurance may recommend or, if the state         101          

requests of the superintendent, shall recommend, a specific        102          

amount for any period of time that, in his THE SUPERINTENDENT'S    103          

opinion, represents such a judgment.                               105          

      (C)  Nothing in this section shall be construed to require   107          

the department of administrative services to purchase liability    108          

insurance for all state vehicles in a single policy of insurance   109          

or to cover all state vehicles under a single plan of              110          

self-insurance.                                                    111          

      (D)  Insurance procured by the state pursuant to this        113          

section shall be procured as provided in section 125.03 of the     114          

Revised Code.                                                      115          

      (E)  FOR PURPOSES OF LIABILITY INSURANCE PROCURED UNDER      117          

THIS SECTION TO COVER THE OPERATION OF A MOTOR VEHICLE BY A        118          

PRISONER FOR WHOM THE INSURANCE IS PROCURED, "EMPLOYEE" INCLUDES   119          

A PRISONER IN THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND  121          

CORRECTION WHO IS ENROLLED IN A WORK PROGRAM THAT IS ESTABLISHED   122          

BY THE DEPARTMENT PURSUANT TO SECTION 5145.16 OF THE REVISED CODE               

AND IN WHICH THE PRISONER IS REQUIRED TO OPERATE A MOTOR VEHICLE,  123          

AS DEFINED IN SECTION 4509.01 OF THE REVISED CODE, AND WHO IS      124          

                                                          4      

                                                                 
ENGAGED IN THE OPERATION OF A MOTOR VEHICLE IN THE COURSE OF THE   125          

WORK PROGRAM.                                                                   

      Sec. 109.42.  (A)  The attorney general shall prepare and    134          

have printed a pamphlet that contains a compilation of all         135          

statutes relative to victim's rights in which the attorney         136          

general lists and explains the statutes in the form of a victim's  138          

bill of rights.  The attorney general shall distribute the         139          

pamphlet to all sheriffs, marshals, municipal corporation and      141          

township police departments, constables, and other law             142          

enforcement agencies, to all prosecuting attorneys, city           143          

directors of law, village solicitors, and other similar chief      144          

legal officers of municipal corporations, and to organizations     145          

that represent or provide services for victims of crime.  The      146          

victim's bill of rights set forth in the pamphlet shall contain a  147          

description of all of the rights of victims that are provided for  148          

in Chapter 2930. or in any other section of the Revised Code and   149          

shall include, but not be limited to, all of the following:        150          

      (1)  The right of a victim or a victim's representative to   153          

attend a proceeding before a grand jury, in a juvenile case, or    154          

in a criminal case pursuant to a subpoena without being            155          

discharged from the victim's or representative's employment,       156          

having the victim's or representative's employment terminated,     157          

having the victim's or representative's pay decreased or           158          

withheld, or otherwise being punished, penalized, or threatened    159          

as a result of time lost from regular employment because of the    160          

victim's or representative's attendance at the proceeding          162          

pursuant to the subpoena, as set forth in section 2151.211,        163          

2930.18, 2939.121, or 2945.451 of the Revised Code;                             

      (2)  The potential availability pursuant to section          165          

2151.411 of the Revised Code of a forfeited recognizance to pay    166          

damages caused by a child when the delinquency of the child or     167          

child's violation of probation is found to be proximately caused   168          

by the failure of the child's parent or guardian to subject the    169          

child to reasonable parental authority or to faithfully discharge  170          

                                                          5      

                                                                 
the conditions of probation;                                       171          

      (3)  The availability of awards of reparations pursuant to   173          

sections 2743.51 to 2743.72 of the Revised Code for injuries       174          

caused by criminal offenses;                                       175          

      (4)  The right of the victim in certain criminal cases or a  177          

victim's representative to receive, pursuant to section 2930.06    178          

of the Revised Code, notice of the date, time, and place of the    179          

trial in the case or, if there will not be a trial, information    180          

from the prosecutor, as defined in section 2930.01 of the Revised  181          

Code, regarding the disposition of the case;                                    

      (5)  The right of the victim in certain criminal cases or a  183          

victim's representative to receive, pursuant to section 2930.04,   184          

2930.05, or 2930.06 of the Revised Code, notice of the name of     185          

the person charged with the violation, the case or docket number   186          

assigned to the charge, and a telephone number or numbers that     187          

can be called to obtain information about the disposition of the   188          

case;                                                                           

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

of the victim's representative pursuant to section 2930.13 or      192          

2930.14 of the Revised Code, subject to any reasonable terms set   193          

by the court as authorized under section 2930.14 of the Revised    194          

Code, to make a statement about the victimization and, if          196          

applicable, a statement relative to the sentencing of the          197          

offender;                                                          198          

      (7)  The opportunity to obtain a court order, pursuant to    200          

section 2945.04 of the Revised Code, to prevent or stop the        201          

commission of the offense of intimidation of a crime victim or     202          

witness or an offense against the person or property of the        203          

complainant, or of the complainant's ward or child;                204          

      (8)  The right of the victim in certain criminal cases or a  206          

victim's representative pursuant to sections 2929.20, 2930.10,     207          

2930.16, and 2930.17 of the Revised Code to receive notice of a    208          

pending motion for judicial release of the person who committed    210          

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

                                                          6      

                                                                 
statement at the court hearing on the motion;                      211          

      (9)  The right of the victim in certain criminal cases or a  213          

victim's representative, pursuant to section 2930.16, 2967.12, OR  215          

2967.26, or 2967.27 of the Revised Code, to receive notice of any  216          

pending commutation, pardon, parole, or furlough TRANSITIONAL      217          

CONTROL, OTHER FORM OF AUTHORIZED RELEASE, OR POST-RELEASE         218          

CONTROL for the person who committed the offense against the       219          

victim or any application for release of that person and to send   221          

a written statement relative to the victimization and the pending  222          

action to the adult parole authority;                              223          

      (10)  The right of the victim to bring a civil action        225          

pursuant to sections 2969.01 to 2969.06 of the Revised Code to     226          

obtain money from the offender's profit fund;                      227          

      (11)  The right, pursuant to section 3109.09 of the Revised  230          

Code, to maintain a civil action to recover compensatory damages                

not exceeding ten thousand dollars and costs from the parent of a  232          

minor who willfully damages property through the commission of an  233          

act that would be a theft offense, as defined in section 2913.01   234          

of the Revised Code, if committed by an adult;                                  

      (12)  The right, pursuant to section 3109.10 of the Revised  236          

Code, to maintain a civil action to recover compensatory damages   237          

not exceeding ten thousand dollars and costs from the parent of a  238          

minor who willfully and maliciously assaults a person;             239          

      (13)  The possibility of receiving restitution from an       241          

offender or a delinquent child pursuant to section 2151.355,       242          

2929.18, or 2929.21 of the Revised Code;                           243          

      (14)  The right of the victim in certain criminal cases or   246          

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

Revised Code, to receive notice of the escape from confinement or  248          

custody of the person who committed the offense, to receive that   249          

notice from the custodial agency of the person at the victim's     250          

last address or telephone number provided to the custodial         251          

agency, and to receive notice that, if either the victim's         252          

address or telephone number changes, it is in the victim's         253          

                                                          7      

                                                                 
interest to provide the new address or telephone number to the     254          

custodial agency.                                                  255          

      (15)  The right of a victim of domestic violence to seek     257          

the issuance of a temporary protection order pursuant to section   259          

2919.26 of the Revised Code, to seek the issuance of a civil       260          

protection order pursuant to section 3113.31 of the Revised Code,  261          

and to be accompanied by a victim advocate during court                         

proceedings.                                                       262          

      (16)  The right of a victim of a sexually oriented offense   265          

that is committed by a person who is adjudicated as being a        266          

sexual predator or, in certain cases, by a person who is           267          

determined to be a habitual sex offender to receive, pursuant to   268          

section 2950.10 of the Revised Code, notice that the offender has  270          

registered with a sheriff under section 2950.04 or 2950.05 of the  271          

Revised Code and notice of the offender's name and residence       272          

address or addresses, and a summary of the manner in which the     273          

victim must make a request to receive the notice.  As used in      274          

this division, "sexually oriented offense," "adjudicated as being  275          

a sexual predator," and "habitual sex offender" have the same      276          

meanings as in section 2950.01 of the Revised Code.                277          

      (17)  The right of a victim of certain sexually violent      279          

offenses committed by a sexually violent predator who is           280          

sentenced to a prison term pursuant to division (A)(3) of section  282          

2971.03 of the Revised Code to receive, pursuant to section        283          

2930.16 of the Revised Code, notice of a hearing to determine      284          

whether to modify the requirement that the offender serve the      285          

entire prison term in a state correctional facility, whether to    286          

continue, revise, or revoke any existing modification of that      287          

requirement, or whether to terminate the prison term.  As used in  288          

this division, "sexually violent offense" and "sexually violent    289          

predator" have the same meanings as in section 2971.01 of the      290          

Revised Code.                                                                   

      (B)(1)(a)  Subject to division (B)(1)(c) of this section, a  292          

prosecuting attorney, assistant prosecuting attorney, city         294          

                                                          8      

                                                                 
director of law, assistant director of law, village solicitor,     295          

assistant village solicitor, or similar chief legal officer of a   296          

municipal corporation or an assistant of any such officer who      297          

prosecutes an offense committed in this state, upon first contact  298          

with the victim of the offense, the victim's family, or the        299          

victim's dependents, shall give the victim, the victim's family,   300          

or the victim's dependents a copy of the pamphlet prepared         301          

pursuant to division (A) of this section and explain, upon         302          

request, the information in the pamphlet to the victim, the        303          

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

      (b)  Subject to division (B)(1)(c) of this section, a law    305          

enforcement agency that investigates an offense committed in this  308          

state shall give the victim of the offense, the victim's family,   309          

or the victim's dependents a copy of the pamphlet prepared         311          

pursuant to division (A) of this section at one of the following   312          

times:                                                                          

      (i)  Upon first contact with the victim, the victim's        314          

family, or the victim's dependents;                                315          

      (ii)  If the offense is an offense of violence, if the       317          

circumstances of the offense and the condition of the victim, the  319          

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

victim, the victim's family, or the victim's dependents will not   320          

be able to understand the significance of the pamphlet upon first  322          

contact with the agency, and if the agency anticipates that it     323          

will have an additional contact with the victim, the victim's      324          

family, or the victim's dependents, upon the agency's second       325          

contact with the victim, the victim's family, or the victim's      326          

dependents.                                                                     

      If the agency does not give the victim, the victim's         328          

family, or the victim's dependents a copy of the pamphlet upon     329          

first contact with them and does not have a second contact with    330          

the victim, the victim's family, or the victim's dependents, the   332          

agency shall mail a copy of the pamphlet to the victim, the        333          

victim's family, or the victim's dependents at their last known    334          

                                                          9      

                                                                 
address.                                                           335          

      (c)  In complying on and after December 9, 1994, with the    337          

duties imposed by division (B)(1)(a) or (b) of this section, an    339          

official or a law enforcement agency shall use copies of the       340          

pamphlet that are in the official's or agency's possession on      341          

December 9, 1994, until the official or agency has distributed     343          

all of those copies.  After the official or agency has             344          

distributed all of those copies, the official or agency shall use  345          

only copies of the pamphlet that contain at least the information  346          

described in division (A)(1) to (15) of this section.              347          

      (2)  The failure of a law enforcement agency or of a         349          

prosecuting attorney, assistant prosecuting attorney, director of  350          

law, assistant director of law, village solicitor, assistant       351          

village solicitor, or similar chief legal officer of a municipal   352          

corporation or an assistant to any such officer to give, as        353          

required by division (B)(1) of this section, the victim of an      355          

offense, the victim's family, or the victim's dependents a copy    356          

of the pamphlet prepared pursuant to division (A) of this section  357          

does not give the victim, the victim's family, the victim's        358          

dependents, or a victim's representative any rights under section  360          

122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,  361          

3109.09, or 3109.10 of the Revised Code or under any other         362          

provision of the Revised Code and does not affect any right under  363          

those sections.                                                    364          

      (3)  A law enforcement agency, a prosecuting attorney or     366          

assistant prosecuting attorney, or a director of law, assistant    367          

director of law, village solicitor, assistant village solicitor,   368          

or similar chief legal officer of a municipal corporation that     369          

distributes a copy of the pamphlet prepared pursuant to division   370          

(A) of this section shall not be required to distribute a copy of  371          

an information card or other printed material provided by the      372          

clerk of the court of claims pursuant to section 2743.71 of the    373          

Revised Code.                                                                   

      (C)  The cost of printing and distributing the pamphlet      375          

                                                          10     

                                                                 
prepared pursuant to division (A) of this section shall be paid    376          

out of the reparations fund, created pursuant to section 2743.191  377          

of the Revised Code, in accordance with division (D) of that       378          

section.                                                           379          

      (D)  As used in this section:                                381          

      (1)  "Victim's representative" has the same meaning as in    383          

section 2930.01 of the Revised Code;                               384          

      (2)  "Victim advocate" has the same meaning as in section    387          

2919.26 of the Revised Code.                                                    

      Sec. 307.93.  (A)  The boards of county commissioners of     397          

two or more adjacent counties may contract for the joint           398          

establishment of a multicounty correctional center, and the board  399          

of county commissioners of a county or the boards of two or more   400          

counties may contract with any municipal corporation or municipal  401          

corporations located in that county or those counties for the      402          

joint establishment of a municipal-county or                       403          

multicounty-municipal correctional center.  The center shall       404          

augment county and, where applicable, municipal jail programs and  405          

facilities by providing custody and rehabilitative programs for    406          

those persons under the charge of the sheriff of any of the        407          

contracting counties or of the officer or officers of the          408          

contracting municipal corporation or municipal corporations        409          

having charge of persons incarcerated in the municipal jail,       410          

workhouse, or other correctional facility who, in the opinion of   411          

the sentencing court, need programs of custody and rehabilitation  412          

not available at the county or municipal jail and by providing     413          

custody and rehabilitative programs in accordance with division    414          

(C) of this section, if applicable.  The contract may include,     415          

but need not be limited to, provisions regarding the acquisition,  416          

construction, maintenance, repair, termination of operations, and  417          

administration of the center.  The contract shall prescribe the    418          

manner of funding of, and debt assumption for, the center and the  419          

standards and procedures to be followed in the operation of the    420          

center.  Except as provided in division (H) of this section, the   422          

                                                          11     

                                                                 
contracting counties and municipal corporations shall form a       424          

corrections commission to oversee the administration of the        425          

center.  Members of the commission shall consist of the sheriff    426          

of each participating county, the president of the board of        427          

county commissioners of each participating county, the presiding   428          

judge of the court of common pleas of each participating county,   429          

or, if the court of common pleas of a participating county has     430          

only one judge, then that judge, the chief of police of each       431          

participating municipal corporation, the mayor or city manager of  432          

each participating municipal corporation, and the presiding judge  433          

or the sole judge of the municipal court of each participating     434          

municipal corporation.  Any of the foregoing officers may appoint  435          

a designee to serve in the officer's place on the corrections      436          

commission.  The standards and procedures shall be formulated and  437          

agreed to by the commission and may be amended at any time during  438          

the life of the contract by agreement of the parties to the        439          

contract upon the advice of the commission.  The standards and     440          

procedures formulated by the commission shall include, but need    441          

not be limited to, designation of the person in charge of the      442          

center, the categories of employees to be employed at the center,  443          

the appointing authority of the center, and the standards of       444          

treatment and security to be maintained at the center.  The        445          

person in charge of, and all persons employed to work at, the      446          

center shall have all the powers of police officers as are         447          

necessary for the proper performance of the duties relating to     448          

their positions at the center.                                                  

      (B)  Each board of county commissioners that enters a        450          

contract under division (A) of this section may appoint a          451          

building commission pursuant to section 153.21 of the Revised      452          

Code.  If any commissions are appointed, they shall function       453          

jointly in the construction of a multicounty or                    454          

multicounty-municipal correctional center with all the powers and  455          

duties authorized by law.                                          456          

      (C)  Prior to the acceptance for custody and rehabilitation  458          

                                                          12     

                                                                 
into a center established under this section of any persons who    459          

are designated by the department of rehabilitation and             460          

correction, who plead guilty to or are convicted of a felony of    461          

the fourth or fifth degree, and who satisfy the other                           

requirements listed in section 5120.161 of the Revised Code, the   462          

corrections commission of a center established under this section  464          

shall enter into an agreement with the department of               465          

rehabilitation and correction under section 5120.161 of the        466          

Revised Code for the custody and rehabilitation in the center of   467          

persons who are designated by the department, who plead guilty to  468          

or are convicted of a felony of the fourth or fifth degree, and    469          

who satisfy the other requirements listed in that section, in                   

exchange for a per diem fee per person.  Persons incarcerated in   470          

the center pursuant to an agreement entered into under this        471          

division shall be subject to supervision and control in the        473          

manner described in section 5120.161 of the Revised Code.  This    474          

division does not affect the authority of a court to directly      475          

sentence a person who is convicted of or pleads guilty to a        476          

felony to the center in accordance with section 2929.16 of the                  

Revised Code.                                                      477          

      (D)(1)  Each board of county commissioners and the           479          

legislative authority of each municipal corporation that enters    480          

into a contract under division (A) of this section may require a   481          

person who was convicted of an offense an offense, who is under    483          

the charge of the sheriff of their county or of the officer or     484          

officers of the contracting municipal corporation or municipal     485          

corporations having charge of persons incarcerated in the          486          

municipal jail, workhouse, or other correctional facility, and     487          

who is confined in the multicounty or multicounty-municipal                     

correctional center as provided in that division, to reimburse     488          

the applicable county or municipal corporation for its expenses    489          

incurred by reason of the person's confinement in the center.      490          

The expenses of confinement include, but are not limited to, the   491          

expenses relating to the provision of food, clothing, shelter,     493          

                                                          13     

                                                                 
medical care, personal hygiene products, including, but not                     

limited to, toothpaste, toothbrushes, and feminine hygiene items,  494          

and up to two hours of overtime costs the sheriff or municipal     495          

corporation incurred relating to the trial of the person.  The     497          

amount of reimbursement may be the actual cost of the prisoner's   498          

PERSON'S confinement plus the authorized trial overtime costs or   499          

a lesser amount determined by the board of county commissioners    500          

of the county or the legislative authority of the municipal        501          

corporation, provided that the lesser amount shall be determined   502          

by a formula that is uniformly applied to persons incarcerated in  503          

the center.  The amount of reimbursement shall be determined by a  504          

court at a hearing held pursuant to section 2929.18 of the         505          

Revised Code if the prisoner person is confined for a felony or    506          

section 2929.223 of the Revised Code if the prisoner person is     507          

confined for a misdemeanor.  The a confined for a misdemeanor      508          

amount or amounts paid in reimbursement by a prisoner PERSON       510          

confined for a misdemeanor or the amount recovered from a          511          

prisoner PERSON confined for a misdemeanor by executing upon the   512          

judgment obtained pursuant to section 2929.223 of the Revised      513          

Code shall be paid into the treasury of the county or municipal    514          

corporation that incurred the expenses.  If a prisoner person is   515          

confined for a felony and the court imposes a sanction under       516          

section 2929.18 of the Revised Code that requires the prisoner     517          

person to reimburse the costs of confinement, the prosecuting      519          

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

corporation shall bring an action to recover the expenses of the   521          

confinement, as determined by the court pursuant to section                     

2929.181 in accordance with section 2929.18 of the Revised Code.   522          

      (2)  Each board of county commissioners and the legislative  524          

authority of each municipal corporation that enters into a         525          

contract under division (A) of this section may adopt a            526          

resolution or ordinance specifying that a person who was           527          

convicted of a felony, who is under the charge of the sheriff of   528          

their county or of an officer of one of the contracting municipal  529          

                                                          14     

                                                                 
corporations having charge of persons incarcerated in the          530          

municipal jail, workhouse, or other facility, and who is confined  531          

in the multicounty or multicounty-municipal correctional center    532          

as provided in that division is not required to reimburse the                   

applicable county or municipal corporation for its expenses        534          

incurred by reason of the person's confinement in the center,      535          

including the expenses listed in division (D)(1) of this section.  536          

If the boards and legislative authorities adopt a resolution or    537          

ordnance ORDINANCE of that nature, the boards and legislative      538          

authorities shall provide a copy to the courts of common pleas of  539          

their counties, and the court that sentences a person convicted    540          

of a felony shall not impose a sanction under section 2929.18 of   541          

the Revised Code that requires the person to reimburse the costs                

of the confinement.                                                542          

      (E)  In lieu of requiring offenders to reimburse the county  544          

for expenses incurred by reason of the person's confinement under  545          

division (D) of this section, each board of county commissioners   546          

and the legislative authority of each municipal corporation that   547          

enters into a contract under division (A) of this section may      548          

jointly adopt a prisoner reimbursement policy for the center                    

pursuant to this section to be administered by the person          549          

appointed under division (A) of this section to be in charge of    550          

the center.  The person in charge may appoint a reimbursement      551          

coordinator to administer the center's prisoner reimbursement      552          

policy.  A prisoner reimbursement policy adopted under this        553          

division is a policy that requires a person confined to the                     

center to reimburse the applicable political subdivisions for any  554          

expenses incurred by reason of the person's confinement in the     555          

center, which expenses may include, but are not limited to, the    556          

following:                                                                      

      (1)  A per diem fee for room and board of not more than      558          

sixty dollars per day or the actual per diem cost, whichever is    559          

less, for the entire period of time the person is confined to the  560          

center;                                                                         

                                                          15     

                                                                 
      (2)  Actual charges for medical and dental treatment;        562          

      (3)  Reimbursement for government property damaged by the    564          

person while confined to the center.                               565          

      Rates charged shall be on a sliding scale determined by the  567          

corrections commission based on the ability of the person          568          

confined to the center to pay and on consideration of any legal    569          

obligation of the person to support a spouse, minor children, or   570          

other dependents and any moral obligation to support dependents    571          

to whom the person is providing or has in fact provided support.   572          

      The reimbursement coordinator or another person designated   574          

by the person in charge may investigate the financial status of    575          

the confined person and obtain information necessary to            576          

investigate that status, by means that may include contacting      577          

employers and reviewing income tax records.  The coordinator may                

work with the confined person to create a repayment plan to be     578          

implemented upon the person's release.  At the end of that         579          

person's incarceration, the person shall be presented with a       580          

billing statement.                                                              

      The reimbursement coordinator or another person designated   582          

by the person in charge of the center may collect, or the          583          

corrections commission may enter into a contract with one or more  584          

public agencies or private vendors to collect, any amounts         585          

remaining unpaid.  Within twelve months after the date of the                   

confined person's release, the prosecuting attorney, city          587          

director of law, or village solicitor of a participating                        

political subdivision may file a civil action to seek              588          

reimbursement from that person for any billing amount that         589          

remains unpaid.  The participating political subdivisions shall    590          

not enforce any judgment obtained under this section by means of   591          

execution against the person's homestead.  For purposes of this    592          

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

section 323.151 of the Revised Code.  Any reimbursement received   593          

under this section shall be credited to the general fund of the    594          

political subdivision that bore the expense, to be used for        595          

                                                          16     

                                                                 
general fund purposes.                                                          

      (F)(1)  Notwithstanding any contrary provision in this       597          

section or section 2929.18 or 2929.223 of the Revised Code, the    598          

corrections commission of a center may establish a policy that     599          

requires any person who is not indigent and who is confined in     600          

the multicounty, municipal-county, or multicounty-municipal        601          

correctional center to pay a reasonable fee for any medical        602          

treatment or service requested by and provided to that person.                  

This fee shall not exceed the actual cost of the treatment or      603          

service provided.  No person confined to a multicounty,            604          

municipal-county, or multicounty-municipal correctional center     605          

who is indigent shall be required to pay those fees, and no        606          

person who is confined to a correctional center of that type                    

shall be denied any necessary medical care because of inability    607          

to pay those fees.                                                              

      Upon provision of the requested medical treatment or         609          

service, payment of the required fee may be automatically          610          

deducted from a person's account record in the center's business   611          

office.  If the person has no funds in the person's account, a     612          

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

confinement in the center if funds later become available in the   613          

person's account.  If the person is released from the center and   614          

has an unpaid balance of these fees, the corrections commission    615          

may bill the person for payment of the remaining unpaid fees.      616          

Fees received for medical treatment or services shall be paid      617          

into the commissary fund, if one has been created for the center,  618          

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

subdivisions that incurred the expenses of those treatments and    619          

services, in the same proportion as those expenses were borne by   620          

those political subdivisions.                                      621          

      (2)  If a person confined to a multicounty,                  623          

municipal-county, or multicounty-municipal correctional center is  624          

required under division (D) or (E) of this section or section      625          

2929.18 or 2929.223 of the Revised Code to reimburse a county or   626          

                                                          17     

                                                                 
municipal corporation for expenses incurred by reason of the       627          

person's confinement to the center, any fees paid by the person    628          

under division (F)(1) of this section shall be deducted from the   629          

expenses required to be reimbursed under division (D) or (E) of    630          

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

      (G)(1)  The corrections commission of a center established   633          

under this section may establish a commissary for the center.      634          

The commissary may be established either in-house or by another    635          

arrangement.  If a commissary is established, all persons                       

incarcerated in the center shall receive commissary privileges.    637          

A person's purchases from the commissary shall be deducted from    638          

the person's account record in the center's business office.  The  639          

commissary shall provide for the distribution to indigent persons  640          

incarcerated in the center of necessary hygiene articles and       641          

writing materials.                                                              

      (2)  If a commissary is established, the corrections         643          

commission of a center established under this section shall        644          

establish a commissary fund for the center.  The management of     645          

funds in the commissary fund shall be strictly controlled in       646          

accordance with procedures adopted by the auditor of state.        647          

Commissary fund revenue over and above operating costs and         648          

reserve shall be considered profits.  All profits from the         649          

commissary fund shall be used to purchase supplies and equipment   650          

for the benefit of persons incarcerated in the center.  The        651          

corrections commission shall adopt rules and regulations for the   652          

operation of any commissary fund it establishes.                   653          

      (H)  In lieu of forming a corrections commission to          655          

administer a multicounty correctional center or a                  656          

municipal-county or multicounty-municipal correctional center,     657          

the boards of county commissioners and the legislative             658          

authorities of the municipal corporations contracting to                        

establish the center may also agree to contract for the private    659          

operation and management of the center as provided in section      660          

9.06 of the Revised Code, but only if the center houses only       661          

                                                          18     

                                                                 
misdemeanant inmates.  In order to enter into a contract under     662          

section 9.06 of the Revised Code, all the boards and legislative   663          

authorities establishing the center shall approve and be parties   664          

to the contract.                                                                

      (I)  IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN  666          

OFFENSE IS SENTENCED TO A TERM IN A MULTICOUNTY CORRECTIONAL       667          

CENTER OR A MUNICIPAL-COUNTY OR MULTICOUNTY-MUNICIPAL              668          

CORRECTIONAL CENTER OR IS INCARCERATED IN THE CENTER IN THE        669          

MANNER DESCRIBED IN DIVISION (C) OF THIS SECTION, OR IF A PERSON   670          

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  671          

A MULTICOUNTY CORRECTIONAL CENTER OR A MUNICIPAL-COUNTY OR         672          

MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER PENDING TRIAL, AT THE    674          

TIME OF RECEPTION AND AT OTHER TIMES THE OFFICER, OFFICERS, OR     675          

OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER DETERMINES   676          

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

CHARGE OF THE OPERATION OF THE CENTER MAY CAUSE THE CONVICTED OR   677          

ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV   678          

INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A,    679          

B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE OFFICER, OFFICERS,   681          

OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER MAY       682          

CAUSE A CONVICTED OR ACCUSED OFFENDER IN THE CENTER WHO REFUSES    683          

TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION,           684          

HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR  687          

ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED                             

INVOLUNTARILY.                                                     688          

      (J)  As used in this section, "multicounty-municipal" means  689          

more than one county and a municipal corporation, or more than     690          

one municipal corporation and a county, or more than one           691          

municipal corporation and more than one county.                    692          

      Sec. 341.14.  (A)  The sheriff of an adjoining county shall  702          

not receive prisoners as provided by section 341.12 of the         703          

Revised Code unless there is deposited weekly with the sheriff an  705          

amount equal to the actual cost of keeping and feeding each                     

                                                          19     

                                                                 
prisoner so committed for the use of the jail of that county, and  706          

the same amount for a period of time less than one week.  If a     707          

prisoner is discharged before the expiration of the term for       708          

which the prisoner was committed, the excess of the amount         709          

advanced shall be refunded.                                                     

      (B)(1)  The board of county commissioners of the county      711          

that receives pursuant to section 341.12 of the Revised Code for   712          

confinement in its jail, a prisoner who was convicted of an        713          

offense, may require the prisoner to reimburse the county for its  715          

expenses incurred by reason of the prisoner's confinement,         716          

including, but not limited to, the expenses relating to the        717          

provision of food, clothing, shelter, medical care, person         718          

hygiene products, including, but not limited to, toothpaste,       719          

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

overtime costs the sheriff or municipal corporation incurred       720          

relating to the trial of the person.  The amount of reimbursement  722          

may be the actual cost of the prisoner's confinement plus the      723          

authorized trial overtime costs or a lesser amount determined by                

the board of county commissioners of the county, provided that     725          

the lesser amount shall be determined by a formula that is         726          

uniformly applied to persons incarcerated in the jail.  The                     

amount of reimbursement shall be determined by a court at a        727          

hearing held pursuant to section 2929.18 of the Revised Code if    728          

the prisoner is confined for a felony or section 2929.223 of the   729          

Revised Code if the prisoner is confined for a misdemeanor.  The   730          

a confined for a misdemeanor amount or amounts paid in             731          

reimbursement by a prisoner confined for a misdemeanor or the      732          

amount recovered from a prisoner confined for a misdemeanor by     733          

executing upon the judgment obtained pursuant to section 2929.223  735          

of the Revised Code shall be paid into the county treasury.  If a  736          

prisoner is confined for a felony and the court imposes a          737          

sanction under section 2929.18 of the Revised Code that requires                

the prisoner to reimburse the costs of confinement, the            738          

prosecuting attorney shall bring an action to recover the          739          

                                                          20     

                                                                 
expenses of confinement, the IN ACCORDANCE WITH SECTION 2929.18    740          

of the Revised Code.                                                            

      (2)  The board of county commissioners of the county that    742          

receives, pursuant to section 341.12 of the Revised Code for       743          

confinement in its jail a prisoner who was convicted of a felony   744          

may adopt a resolution specifying that prisoners convicted of      745          

felonies are not required to reimburse the county for its          746          

expenses incurred by reason of the prisoner's confinement,                      

including the expenses listed in division (B)(1) of this section.  747          

If the board adopts a resolution of that nature, the board shall   748          

provide a copy to the court of common pleas of the county, and     749          

the court that sentences a person convicted of a felony shall not  750          

impose a sanction under section 2929.18 of the Revised Code that   751          

requires the person to reimburse the costs of the confinement.     752          

      (C)  Divisions (A) and (B) of section 341.06 of the Revised  755          

Code apply regarding a prisoner confined in a jail as described                 

in division (B) of this section.                                   756          

      (D)  IF A COUNTY RECEIVES PURSUANT TO SECTION 341.12 OF THE  758          

REVISED CODE FOR CONFINEMENT IN ITS JAIL A PERSON WHO HAS BEEN     760          

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    761          

FOR AN OFFENSE, WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND   762          

HAS NOT BEEN RELEASED ON BAIL, AND WHO IS CONFINED IN JAIL         763          

PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE     764          

SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE JAIL     765          

DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN       766          

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR     767          

ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV   768          

INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A,    769          

B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE SHERIFF OR OTHER     771          

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

CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE        772          

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,      773          

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     774          

                                                          21     

                                                                 
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         776          

      Sec. 341.19.  (A)(1)  The board of county commissioners may  786          

require a person who was convicted of an offense and who is        787          

confined in the county jail to reimburse the county for its        788          

expenses incurred by reason of the person's confinement,           789          

including, but not limited to, the expenses relating to the        790          

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

hygiene products, including, but not limited to, toothpaste,       791          

toothbrushes, and feminine hygiene items, and up to two hours of   792          

overtime costs the sheriff or municipal corporation incurred       793          

relating to the trial of the person.  The amount of reimbursement  794          

may be the actual cost of the prisoner's confinement plus the      795          

authorized trial overtime costs or a lesser amount determined by   797          

the board of county commissioners of the county, provided that     798          

the lesser amount shall be determined by a formula that is                      

uniformly applied to persons incarcerated in the jail.  The        799          

amount of reimbursement shall be determined by a court at a        800          

hearing held pursuant to section 2929.18 of the Revised Code if    801          

the prisoner PERSON is confined for a felony or section 2929.223   802          

of the Revised Code if the prisoner PERSON is confined for a       803          

misdemeanor.  The a confined for a misdemeanor amount or amounts   804          

paid in reimbursement by a prisoner PERSON confined for a          806          

misdemeanor or the amount recovered from a prisoner PERSON         807          

confined for a misdemeanor by executing upon the judgment          808          

obtained pursuant to section 2929.223 of the Revised Code shall    809          

be paid into the county treasury.  If a prisoner PERSON is         810          

confined for a felony and the court imposes a sanction under       811          

section 2929.18 of the Revised Code that requires the prisoner     812          

PERSON to reimburse the costs of confinement, the prosecuting      813          

attorney shall bring an action to recover the expenses of          814          

confinement in accordance with section 2929.18 of the Revised                   

Code.                                                              815          

      (2)(B)  The board of county commissioners may adopt a        818          

resolution specifying that a person who is convicted of a felony                

                                                          22     

                                                                 
and who is confined in the county jail is not required to          819          

reimburse the county for its expenses incurred by reason of the    820          

person's confinement, including the expenses listed in division    821          

(A)(1) of this section.  If the board adopts a resolution of that  822          

nature, the board shall provide a copy to the court of common      823          

pleas of the county, and the court that sentences a person         824          

convicted of a felony shall not impose a sanction under section    825          

2929.18 of the Revised Code that requires the person to reimburse               

the costs of the confinement.                                      826          

      (B)  Divisions (A) and (B) of section 341.06 of the Revised  829          

Code apply regarding a prisoner confined in a jail as described                 

in division (A) of this section.                                   830          

      (C)  IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN  832          

OFFENSE IS SENTENCED TO A TERM IN A JAIL, OR IF A PERSON WHO HAS   833          

BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS  834          

HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL IS CONFINED IN      835          

JAIL PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES    836          

THE SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE      838          

JAIL DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN  839          

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR     840          

ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV   841          

INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A,    842          

B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE SHERIFF OR OTHER     844          

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

CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE        845          

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,      846          

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     847          

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         849          

      Sec. 341.21.  (A)  The board of county commissioners may     858          

direct the sheriff to receive into custody prisoners charged with  860          

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

prisoners until discharged.                                        861          

      The board of the county in which prisoners charged with or   863          

convicted of crime by the United States may be so committed may    864          

                                                          23     

                                                                 
negotiate and conclude any contracts with the United States for    865          

the use of the jail as provided by this section and as the board   866          

sees fit.                                                                       

      A prisoner so committed shall be supported at the expense    868          

of the United States during the prisoner's confinement in the      870          

county jail. No greater compensation shall be charged by a         871          

sheriff for the subsistence of that type of prisoner than is       872          

provided by section 311.20 of the Revised Code to be charged for   873          

the subsistence of state prisoners.                                874          

      A sheriff or jailer who neglects or refuses to perform the   876          

services and duties directed by the board by reason of this        877          

division, shall be liable to the same penalties, forfeitures, and  878          

actions as if the prisoner had been committed under the authority  880          

of this state.                                                                  

      (B)  Prior to the acceptance for housing into the county     882          

jail of persons who are designated by the department of            883          

rehabilitation and correction, who plead guilty to or are          884          

convicted of a felony of the fourth or fifth degree, and who       885          

satisfy the other requirements listed in section 5120.161 of the   886          

Revised Code, the board of county commissioners shall enter into                

an agreement with the department of rehabilitation and correction  887          

under section 5120.161 of the Revised Code for the housing in the  888          

county jail of persons designated by the department who plead      889          

guilty to or are convicted of a felony of the fourth or fifth      890          

degree and who satisfy the other requirements listed in that       891          

section in exchange for a per diem fee per person.  Persons        892          

incarcerated in the county jail pursuant to an agreement entered   893          

into under this division shall be subject to supervision and       895          

control in the manner described in section 5120.161 of the         896          

Revised Code.  This division does not affect the authority of a    897          

court to directly sentence a person who is convicted of or pleads  898          

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

2929.16 of the Revised Code.                                       899          

      (C)(1)  Notwithstanding any contrary provision in the        901          

                                                          24     

                                                                 
Revised Code, the board of county commissioners may establish a    902          

policy that requires any person who is not indigent and who is     903          

confined in the jail under division (B) of this section to pay a   904          

reasonable fee for any medical treatment or service requested by   905          

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

actual cost of the treatment or service requested by and provided  906          

to that person.  This fee shall not exceed the actual cost of the  907          

treatment or service provided.  No person confined to the jail     908          

who is indigent shall be required to pay those fees, and no        909          

person confined to the jail shall be denied any necessary medical               

care because of inability to pay those fees.                       910          

      Upon provision of the requested medical treatment or         912          

service, payment of the required fee may be automatically          913          

deducted from a person's account record in the jail's business     914          

office.  If the person has no funds in the person's account, a     915          

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

confinement in the jail if funds later become available in the     916          

person's account.  If the person is released from the jail and     917          

has an unpaid balance of these fees, the board of county           918          

commissioners may bill the person for payment of the remaining     919          

unpaid fees.  Fees received for medical treatment or services                   

shall be paid into the commissary fund, if one has been            920          

established for the jail or if no such fund exists, into the       921          

county treasury.                                                                

      (2)  If a person confined to the jail is required under      923          

section 341.06, 2929.18, or 2929.223 of the Revised Code to        924          

reimburse the county for expenses incurred by reason of the        925          

person's confinement to the jail, any fees paid by the person      926          

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

expenses required to be reimbursed under section 341.06, 2929.18,  928          

or 2929.223 of the Revised Code.                                                

      (D)  IF A SHERIFF RECEIVES INTO CUSTODY A PRISONER           930          

CONVICTED OF CRIME BY THE UNITED STATES AS DESCRIBED IN DIVISION   931          

(A) OF THIS SECTION, IF A PERSON WHO HAS BEEN CONVICTED OF OR      932          

                                                          25     

                                                                 
PLEADED GUILTY TO AN OFFENSE IS INCARCERATED IN THE JAIL IN THE    933          

MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, IF A SHERIFF     934          

RECEIVES INTO CUSTODY A PRISONER CHARGED WITH A CRIME BY THE       935          

UNITED STATES AND THE PRISONER HAS HAD BAIL DENIED OR HAS HAD      936          

BAIL SET, HAS NOT BEEN RELEASED ON BAIL, AND IS CONFINED IN JAIL   937          

PENDING TRIAL, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN         938          

OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS  939          

NOT BEEN RELEASED ON BAIL IS CONFINED IN JAIL PENDING TRIAL, AT    940          

THE TIME OF RECEPTION AND AT OTHER TIMES THE SHERIFF OR OTHER      941          

PERSON IN CHARGE OF THE OPERATION OF THE JAIL DETERMINES TO BE     942          

APPROPRIATE, THE SHERIFF OR OTHER PERSON IN CHARGE OF THE                       

OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER  943          

TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION,         944          

HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C,     945          

AND OTHER CONTAGIOUS DISEASES.  THE SHERIFF OR OTHER PERSON IN     947          

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OR       948          

ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE TESTED OR TREATED                

FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT      949          

LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE    951          

TO BE TESTED AND TREATED INVOLUNTARILY.                            952          

      Sec. 341.23.  (A)  The board of county commissioners of any  962          

county or the legislative authority of any municipal corporation   963          

in which there is no workhouse, may agree with the legislative     964          

authority of any municipal corporation or other authority having   965          

control of the workhouse of any other city, or with the directors  966          

of any district of a joint city and county workhouse or county     967          

workhouse, upon terms on which persons convicted of a misdemeanor  968          

by any court or magistrate of a county or municipal corporation    969          

having no workhouse, may be received into such workhouse, under    970          

sentence of the court or magistrate.  Such board or legislative    971          

authority may pay the expenses incurred under the agreement out    972          

of the general fund of such county or municipal corporation, upon  973          

the certificate of the proper officer of the workhouse.            974          

      (B)  The sheriff or other officer transporting any person    976          

                                                          26     

                                                                 
to such workhouse shall receive six cents per mile for the         977          

sheriff or officer, going and returning, five cents per mile for   978          

transporting the convict, and five cents per mile, going and       979          

coming, for the service of each deputy, to be allowed as in cases  980          

in which a person is transported to a state correctional           981          

institution.  The number of miles shall be computed by the usual   982          

routes of travel and, in state cases, shall be paid out of the     983          

general fund of the county, on the allowance of the board, and     984          

for the violation of the ordinances of any municipal corporation,  985          

shall be paid by such municipal corporation on the order of its    986          

legislative authority.                                             987          

      (C)(1)  The board of county commissioners, the directors of  989          

the district of a joint city and county workhouse or county        990          

workhouse, or the legislative authority of the municipal           991          

corporation may require a person who was convicted of an offense   992          

and who is confined in a workhouse as provided in division (A) of  994          

this section, to reimburse the county, district, or municipal      995          

corporation, as the case may be, for its expenses incurred by      996          

reason of the person's confinement, including, but not limited     997          

to, the expenses relating to the provision of food, clothing,      998          

shelter, medical care, personal hygiene products, including, but   999          

not limited to, toothpaste, toothbrushes, and feminine hygiene     1,000        

items, and up to two hours of overtime costs the sheriff or        1,001        

municipal corporation incurred relating to the trial of the        1,002        

person.  The amount of reimbursement may be the actual cost of     1,003        

the prisoner's PERSON'S confinement plus the authorized trial      1,005        

overtime costs or a lesser amount determined by the board of       1,006        

county commissioners of the county, the directors of the district  1,007        

of the joint city or county workhouse, or the legislative          1,008        

authority of the municipal corporation, provided that the lesser                

amount shall be determined by a formula that is uniformly applied  1,009        

to persons incarcerated in the workhouse.  The amount of           1,010        

reimbursement shall be determined by a court at a hearing held     1,011        

pursuant to section 2929.18 of the Revised Code if the person is   1,012        

                                                          27     

                                                                 
confined for a felony or section 2929.223 of the Revised Code if   1,013        

the person is confined for a misdemeanor.  The a confined for a    1,014        

misdemeanor or the municipal chief legal officer amount or                      

amounts paid in reimbursement by a person confined for a           1,015        

misdemeanor or the amount recovered from a person confined for a   1,016        

misdemeanor by executing upon the judgment obtained pursuant to    1,017        

section 2929.223 of the Revised Code shall be paid into the        1,018        

treasury of the county, district, or municipal corporation that    1,019        

incurred the expenses.  If a person is confined for a felony and   1,020        

the court imposes a sanction under section 2929.18 of the Revised  1,021        

Code that requires the person to reimburse the costs of                         

confinement, the prosecuting attorney or the municipal chief       1,022        

legal officer shall bring an action to recover the expenses of     1,023        

confinement, the IN ACCORDANCE WITH SECTION 2929.18 of the         1,025        

Revised Code.                                                                   

      (2)  The board of county commissioners, the directors of     1,027        

the district of a joint city and county workhouse or county        1,028        

workhouse, or the legislative authority of the municipal           1,029        

corporation may adopt a resolution or ordinance specifying that a  1,030        

person who is convicted of a felony and who is confined in a       1,031        

workhouse as provided in division (A) of this section is not       1,032        

required to reimburse the county, district, or municipal           1,033        

corporation, as the case may be, for its expenses incurred by      1,034        

reason of the person's confinement, including the expenses listed  1,035        

in division (C)(1) of this section.  If the board, directors, or   1,036        

legislative authority adopts a resolution or ordinance of that     1,037        

nature, the board, directors, or legislative authority shall       1,038        

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  1,039        

impose a sanction under section 2929.18 of the Revised Code that   1,040        

requires the person to reimburse the costs of the confinement.     1,041        

      (D)  In lieu of requiring offenders to reimburse the         1,043        

political subdivision for expenses incurred by reason of the       1,044        

person's confinement under division (C) of this section, the       1,045        

                                                          28     

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

joint city and county workhouse or county workhouse, or the                     

legislative authority of the municipal corporation having control  1,047        

of the workhouse may adopt a prisoner reimbursement policy for     1,048        

the workhouse under this division.  A reimbursement coordinator    1,049        

may be appointed to administer the prisoner reimbursement policy.  1,050        

A prisoner reimbursement policy adopted under this division is a   1,051        

policy that requires a person confined to the workhouse to                      

reimburse the political subdivision responsible for paying         1,052        

prisoner expenses for any expenses it incurs by reason of the      1,053        

person's confinement in the workhouse, which expenses may          1,054        

include, but are not limited to, the following:                                 

      (1)  A per diem fee for room and board of not more than      1,056        

sixty dollars per day or the actual per diem cost, whichever is    1,057        

less, for the entire period of time the person is confined to the  1,058        

workhouse;                                                                      

      (2)  Actual charges for medical and dental treatment;        1,060        

      (3)  Reimbursement for government property damaged by the    1,062        

person while confined to the workhouse.                            1,063        

      Rates charged shall be on a sliding scale determined by the  1,065        

board of county commissioners, the directors of the district of    1,066        

joint city and county workhouse or county workhouse, or the        1,067        

legislative authority of the municipal corporation having control  1,068        

of the workhouse, based on the ability of the person confined to   1,069        

the workhouse to pay and on consideration of any legal obligation  1,070        

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

dependents and any moral obligation to support dependents to whom  1,071        

the person is providing or has in fact provided support.           1,072        

      The reimbursement coordinator or another person designated   1,074        

by the administrator of the workhouse may investigate the          1,075        

financial status of the person and obtain information necessary    1,076        

to investigate that status, by means that may include contacting   1,077        

employers and reviewing income tax records.  The coordinator may   1,078        

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

                                                          29     

                                                                 
implemented upon the person's release.  At the end of the          1,079        

person's incarceration, the person shall be presented with a       1,080        

billing statement.                                                              

      The reimbursement coordinator or another appointed person    1,082        

may collect, or the board of county commissioners, the directors   1,083        

of the district of joint city and county workhouse or county       1,084        

workhouse, or the legislative authority of the municipal           1,085        

corporation having control of the workhouse may enter into a                    

contract with one or more public agencies or private vendors to    1,086        

collect, any amounts remaining unpaid.  Within twelve months       1,087        

after the date of the confined person's release, the prosecuting   1,088        

attorney, city director of law, village solicitor, or attorney     1,089        

for the district may file a civil action to seek reimbursement     1,090        

from that person for any billing amount that remains unpaid.  The  1,091        

political subdivision shall not enforce any judgment obtained                   

under this section by means of execution against the person's      1,092        

homestead.  For purposes of this section, "homestead" has the      1,093        

same meaning as in division (A) of section 323.151 of the Revised  1,094        

Code.  Any reimbursement received under this section shall be      1,095        

credited to the general fund of the political subdivision that                  

bore the expense, to be used for general fund purposes.            1,096        

      (E)(1)  Notwithstanding any contrary provision in this       1,098        

section or section 2929.18 or 2929.223 of the Revised Code, the    1,099        

appropriate board of county commissioners and legislative          1,100        

authorities may include in their agreement entered into under      1,101        

division (A) of this section a policy that requires any person     1,102        

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

district, or joint city and county workhouse under this section    1,103        

to pay a reasonable fee for any medical treatment or service       1,104        

requested by and provided to that person.  This fee shall not      1,105        

exceed the actual cost of the treatment or service provided.  No   1,106        

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

county workhouse under this section who is indigent shall be       1,107        

required to pay those fees, and no person confined to any          1,108        

                                                          30     

                                                                 
workhouse of that type shall be denied any necessary medical care  1,109        

because of inability to pay those fees.                                         

      Upon provision of the requested medical treatment or         1,111        

service, payment of the required fee may be automatically          1,112        

deducted from a person's account record in the workhouse's         1,113        

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

account, a deduction may be made at a later date during the        1,114        

person's confinement in the workhouse if funds later become        1,115        

available in the person's account.  If the person is released      1,116        

from the workhouse and has an unpaid balance of these fees, the    1,117        

appropriate board of county commissioners and legislative          1,118        

authorities may bill the person for payment of the remaining                    

unpaid fees in the same proportion as those expenses were borne    1,119        

by the political subdivision issuing the billing statement.  Fees  1,120        

received for medical treatment or services shall be paid into the  1,121        

commissary fund, if one has been created for the workhouse, or if  1,122        

no such fund exists, into the treasuries of the political          1,123        

subdivisions that incurred the expenses of those treatments or     1,124        

services in the same proportion as those expenses were borne by                 

these political subdivisions.                                      1,125        

      (2)  If a person confined to a county, city, district, or    1,127        

joint city and county workhouse is required under division (C) or  1,128        

(D) of this section or section 2929.18 or 2929.223 of the Revised  1,129        

Code to reimburse a county or municipal corporation for expenses   1,130        

incurred by reason of the person's confinement to the workhouse,   1,131        

any fees paid by the person under division (E)(1) of this section  1,132        

shall be deducted from the expenses required to be reimbursed      1,133        

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

2929.223 of the Revised Code.                                      1,134        

      (F)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,136        

GUILTY TO AN OFFENSE IS INCARCERATED IN THE WORKHOUSE AS PROVIDED  1,137        

IN DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT   1,139        

OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE           1,140        

WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF    1,142        

                                                          31     

                                                                 
THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER    1,143        

TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION,         1,145        

HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C,     1,146        

AND OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE        1,148        

OPERATION OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE   1,149        

WORKHOUSE WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS,    1,151        

HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS   1,152        

A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND        1,154        

TREATED INVOLUNTARILY.                                                          

      Sec. 341.34.  (A)  As used in this section, "building or     1,166        

structure" includes, but is not limited to, a modular unit,        1,167        

building, or structure and a movable unit, building, or            1,168        

structure.                                                         1,169        

      (B)(1)  The board of county commissioners of any county, by  1,171        

resolution, may dedicate and permit the use, as a minimum          1,172        

security jail, of any vacant or abandoned public building or       1,174        

structure owned by the county that has not been dedicated to or    1,175        

is not then in use for any county or other public purpose, or any  1,176        

building or structure rented or leased by the county.  The board   1,177        

of county commissioners of any county, by resolution, also may     1,178        

dedicate and permit the use, as a minimum security jail, of any    1,179        

building or structure purchased by or constructed by or for the    1,180        

county.  Subject to divisions (B)(3) and (C) of this section,      1,181        

upon the effective date of such a resolution, the specified        1,182        

building or structure shall be used, in accordance with this       1,183        

section, for the confinement of persons who meet one of the        1,184        

following conditions:                                                           

      (a)  The person is sentenced to a term of imprisonment for   1,186        

a traffic violation or a misdemeanor that is not an offense of     1,187        

violence and the person is under the jurisdiction of the county,   1,189        

or the person is sentenced to a term RESIDENTIAL SANCTION in the   1,190        

jail for a felony of the fourth or fifth degree that is not an     1,191        

offense of violence; PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF    1,193        

THE REVISED CODE, AND THE JAIL ADMINISTRATOR OR THE JAIL           1,195        

                                                          32     

                                                                 
ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED THE PERSON AS A MINIMAL    1,196        

SECURITY RISK.  IN DETERMINING THE PERSON'S CLASSIFICATION UNDER   1,197        

THIS DIVISION, THE ADMINISTRATOR OR DESIGNEE SHALL CONSIDER ALL    1,198        

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

ESCAPE RISK AND PROPENSITY FOR ASSAULTIVE OR VIOLENT BEHAVIOR,     1,199        

BASED UPON THE PERSON'S PRIOR AND CURRENT BEHAVIOR.                1,200        

      (b)  The person is an inmate transferred by order of a       1,202        

judge of the sentencing court upon the request of the sheriff,     1,203        

administrator, jailer, or other person responsible for operating   1,204        

the jail other than a contractor as defined in division (H) of     1,205        

section 9.06 of the Revised Code, who is named in the request as   1,206        

being suitable for confinement in a minimum security facility and  1,207        

for the confinement of persons convicted of a felony who are       1,208        

sentenced to a residential sanction in the minimum security        1,210        

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,211        

Revised Code..                                                                  

      (2)  The board of county commissioners of any county, by     1,213        

resolution, may affiliate with one or more adjacent counties, or   1,214        

with one or more municipal corporations located within the county  1,215        

or within an adjacent county, and dedicate and permit the use, as  1,216        

a minimum security jail, of any vacant or abandoned public         1,218        

building or structure owned by any of the affiliating counties or  1,219        

municipal corporations that has not been dedicated to or is not    1,220        

then in use for any public purpose, or any building or structure   1,221        

rented or leased by any of the affiliating counties or municipal   1,222        

corporations.  The board of county commissioners of any county,    1,223        

by resolution, also may affiliate with one or more adjacent        1,224        

counties or with one or more municipal corporations located        1,225        

within the county or within an adjacent county and dedicate and    1,226        

permit the use, as a minimum security jail, of any building or     1,227        

structure purchased by or constructed by or for any of the         1,228        

affiliating counties or municipal corporations.  Any counties and  1,229        

municipal corporations that affiliate for purposes of this         1,230        

division shall enter into an agreement that establishes the        1,231        

                                                          33     

                                                                 
responsibilities for the operation and for the cost of operation   1,232        

of the minimum security jail.  Subject to divisions (B)(3) and     1,233        

(C) of this section, upon the effective date of a resolution       1,234        

adopted under this division, the specified building or structure   1,235        

shall be used, in accordance with this section, for the            1,236        

confinement of persons who meet one of the following conditions:   1,237        

      (a)  The person is sentenced to a term of imprisonment for   1,240        

a traffic violation, a misdemeanor that is not an offense of       1,241        

violence, or, if a VIOLATION OF AN ORDINANCE OF ANY municipal      1,242        

corporation is involved, an ordinance of the municipal             1,244        

corporation that is not an offense of violence and the person is   1,245        

under the jurisdiction of any of the affiliating counties or       1,247        

municipal corporations, or the person is sentenced to a term       1,249        

RESIDENTIAL SANCTION in the jail for a felony of the fourth or     1,250        

fifth degree that is not an offense of violence; PURSUANT TO       1,252        

SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL      1,254        

ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED               

THE PERSON AS A MINIMAL SECURITY RISK.  IN DETERMINING THE         1,255        

PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR  1,256        

DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT   1,257        

LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR            1,258        

ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND  1,259        

CURRENT BEHAVIOR.                                                               

      (b)  The person is an inmate transferred by order of a       1,261        

judge of the sentencing court upon the request of the sheriff,     1,262        

administrator, jailer, or other person responsible for operating   1,263        

the jail other than a contractor as defined in division (H) of     1,264        

section 9.06 of the Revised Code, who is named in the request as   1,265        

being suitable for confinement in a minimum security facility and  1,266        

for the confinement of persons convicted of a felony who are       1,267        

sentenced to a residential sanction in the minimum security        1,269        

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,270        

Revised Code..                                                                  

      (3)  No person shall be confined in a building or structure  1,272        

                                                          34     

                                                                 
dedicated as a minimum security jail under division (B)(1) or (2)  1,274        

of this section unless the judge who sentenced the person to the   1,275        

term of imprisonment for the traffic violation or the misdemeanor  1,276        

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

JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE       1,277        

CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who     1,278        

sentenced the person to the residential sanction for the felony    1,281        

specifies that the term of imprisonment or the residential         1,282        

sanction is to be served in that A jail, AND DIVISION (B)(1) OR    1,283        

(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT  1,284        

JAIL.  If a rented or leased building or structure is so           1,286        

dedicated, the building or structure may be used as a minimum      1,287        

security jail only during the period that it is rented or leased   1,288        

by the county or by an affiliated county or municipal              1,289        

corporation.  If a person convicted of a misdemeanor is confined   1,291        

to a building or structure dedicated as a minimum security jail    1,292        

under division (B)(1) or (2) of this section and the sheriff,      1,293        

administrator, jailer, or other person responsible for operating   1,294        

the jail other than a contractor as defined in division (H) of     1,295        

section 9.06 of the Revised Code determines that it would be more  1,296        

appropriate for the person so confined to be confined in another                

jail or workhouse facility, the sheriff, administrator, jailer,    1,297        

or other person may transfer the person so confined to a more      1,298        

appropriate jail or workhouse facility.                            1,299        

      (C)  All of the following apply to a building or structure   1,301        

that is dedicated pursuant to division (B)(1) or (2) of this       1,302        

section for use as a minimum security jail:                        1,303        

      (1)  To the extent that the use of the building or           1,305        

structure as a minimum security jail requires a variance from any  1,307        

county, municipal corporation, or township zoning regulations or   1,308        

ordinances, the variance shall be granted.                                      

      (2)  Except as provided in this section, the building or     1,310        

structure shall not be used to confine any person unless it is in  1,311        

substantial compliance with any applicable housing, fire           1,312        

                                                          35     

                                                                 
prevention, sanitation, health, and safety codes, regulations, or  1,313        

standards.                                                         1,314        

      (3)  Unless such satisfaction or compliance is required      1,316        

under the standards described in division (C)(4) of this section,  1,317        

and notwithstanding any other provision of state or local law to   1,318        

the contrary, the building or structure need not satisfy or        1,319        

comply with any state or local building standard or code in order  1,320        

to be used to confine a person for the purposes specified in       1,321        

division (B) of this section.                                      1,322        

      (4)  The building or structure shall not be used to confine  1,324        

any person unless it is in compliance with all minimum standards   1,325        

and minimum renovation, modification, and construction criteria    1,326        

for minimum security jails that have been proposed by the          1,328        

department of rehabilitation and correction, through its bureau    1,329        

of adult detention, under section 5120.10 of the Revised Code.     1,330        

      (5)  The building or structure need not be renovated or      1,332        

modified into a secure detention facility in order to be used      1,333        

solely to confine a person for the purposes specified in           1,334        

divisions (B)(1)(a) and (B)(2)(a) of this section.                 1,335        

      (6)  The building or structure shall be used, equipped,      1,337        

furnished, and staffed in the manner necessary to provide          1,338        

adequate and suitable living, sleeping, food service or            1,339        

preparation, drinking, bathing and toilet, sanitation, and other   1,340        

necessary facilities, furnishings, and equipment.                  1,341        

      (D)  Except as provided in this section, a minimum security  1,343        

jail dedicated and used under this section shall be considered to  1,345        

be part of the jail, workhouse, or other correctional facilities   1,346        

of the county or the affiliated counties and municipal             1,347        

corporations for all purposes under the law.  All persons          1,348        

confined in such a minimum security jail shall be and shall        1,349        

remain, in all respects, under the control of the county           1,350        

authority that has responsibility for the management and           1,351        

operation of the jail, workhouse, or other correctional                         

facilities of the county or, if it is operated by any affiliation  1,352        

                                                          36     

                                                                 
of counties or municipal corporations, under the control of the    1,353        

specified county or municipal corporation with that authority,     1,354        

provided that, if the person was convicted of a felony and is      1,355        

serving a residential sanction in the facility, all provisions of  1,356        

law that pertain to persons convicted of a felony that would not   1,357        

by their nature clearly be inapplicable apply regarding the        1,358        

person.  A minimum security jail dedicated and used under this     1,359        

section shall be managed and maintained in accordance with         1,360        

policies and procedures adopted by the board of county             1,361        

commissioners or the affiliated counties and municipal             1,362        

corporations governing the safe and healthful operation of the     1,363        

jail, the confinement and supervision of the persons sentenced to  1,364        

it, and their participation in work release or similar             1,365        

rehabilitation programs.  In addition to other rules of conduct    1,366        

and discipline, the rights of ingress and egress of persons        1,367        

confined in a minimum security jail dedicated and used under this  1,369        

section shall be subject to reasonable restrictions.  Every        1,370        

person confined in a minimum security jail dedicated and used      1,371        

under this section shall be given verbal and written               1,372        

notification, at the time of the person's admission to the jail,   1,373        

that purposely leaving, or purposely failing to return to, the     1,374        

jail without proper authority or permission constitutes the        1,375        

felony offense of escape.                                                       

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,377        

GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A   1,378        

RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN    1,379        

DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON    1,381        

IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A  1,382        

JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b)   1,383        

OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER   1,384        

TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL            1,386        

DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN       1,387        

CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED        1,388        

OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV           1,389        

                                                          37     

                                                                 
INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A,    1,390        

B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF  1,392        

THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OFFENDER IN THE    1,393        

JAIL WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV     1,394        

INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A,    1,395        

B, AND C, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED   1,397        

INVOLUNTARILY.                                                                  

      Sec. 753.02.  (A)  The legislative authority of a municipal  1,409        

corporation shall provide by ordinance for sustaining all persons  1,410        

sentenced to or confined in a prison or station house at the       1,411        

expense of the municipal corporation, and in counties where        1,412        

prisons or station houses are in quarters leased from the board    1,413        

of county commissioners, may contract with the board for the care  1,414        

and maintenance of such persons by the sheriff or other person     1,415        

charged with the care and maintenance of county prisoners.  On     1,416        

the presentation of bills for food, sustenance, and necessary      1,417        

supplies, to the proper officer, certified by such person as the   1,418        

legislative authority designates, the officer shall audit the      1,419        

bills under the rules prescribed by the legislative authority,     1,420        

and draw the officer's order on the treasurer of the municipal     1,421        

corporation in favor of the person presenting the bill.            1,422        

      (B)(1)  The legislative authority of the municipal           1,424        

corporation may require a person who was convicted of an offense   1,425        

and who is confined in a prison or station house as provided in    1,426        

division (A) of this section, or a person who was convicted of an  1,427        

offense and who is confined in the county jail as provided in      1,428        

section 1905.35 of the Revised Code, to reimburse the municipal    1,429        

corporation for its expenses incurred by reason of the person's    1,430        

confinement, including, but not limited to, the expenses relating  1,431        

to the provision of food, clothing, shelter, medical care,         1,433        

personal hygiene products, including, but not limited to,          1,434        

toothpaste, toothbrushes, and feminine hygiene items, and up to    1,435        

two hours of overtime costs the sheriff or municipal corporation                

incurred relating to the trial of the person.  The amount of       1,436        

                                                          38     

                                                                 
reimbursement may be the actual cost of the prisoner's             1,437        

confinement plus the authorized trial overtime costs or a lesser   1,438        

amount determined by the legislative authority of the municipal    1,439        

corporation, provided that the lesser amount shall be determined   1,440        

by a formula that is uniformly applied to persons incarcerated in  1,441        

the prison, station house, or county jail.  The amount of          1,442        

reimbursement shall be determined by a court at a hearing held     1,443        

pursuant to section 2929.18 of the Revised Code if the prisoner    1,444        

person is confined for a felony or section 2929.223 of the         1,445        

Revised Code if the prisoner person is confined for a              1,446        

misdemeanor.  The a confined for a misdemeanor amount or amounts   1,447        

paid in reimbursement by a prisoner PERSON confined for a          1,448        

misdemeanor or the amount recovered from a prisoner PERSON         1,449        

confined for a misdemeanor by executing upon the judgment                       

obtained pursuant to section 2929.223 of the Revised Code shall    1,450        

be paid into the treasury of the municipal corporation.  If a      1,451        

prisoner person is confined for a felony and the court imposes a   1,452        

sanction under section 2929.18 of the Revised Code that requires   1,453        

the prisoner person to reimburse the costs of confinement, the     1,454        

village solicitor, city director of law, or other chief legal      1,455        

officer shall bring an action to recover the expenses of                        

confinement the IN ACCORDANCE WITH SECTION 2929.18 of the Revised  1,457        

Code.                                                                           

      (2)  The legislative authority of the municipal corporation  1,459        

may adopt an ordinance specifying that a person who is convicted   1,460        

of a felony and who is confined in a prison or station house as    1,461        

provided in division (A) of this section is not required to        1,462        

reimburse the municipal corporation for its expenses incurred by   1,463        

reason of the person's confinement, including the expenses listed  1,464        

in division (B)(1) of this section.  If the legislative authority  1,466        

adopts an ordinance of that nature, the legislative authority                   

shall provide a copy to the court of common pleas of the county,   1,467        

and the court that sentences a person convicted of a felony shall  1,468        

not impose a sanction under section 2929.18 of the Revised Code    1,469        

                                                          39     

                                                                 
that requires the person to reimburse the costs of the             1,470        

confinement.                                                                    

      (C)  In lieu of requiring offenders to reimburse the         1,472        

municipal corporation for expenses incurred by reason of the       1,473        

person's confinement under division (B) of this section, the       1,474        

legislative authority of the municipal corporation may adopt a     1,475        

prisoner reimbursement policy for the prison or station house                   

under this division.  The prison or station house administrator    1,476        

may appoint a reimbursement coordinator to administer the          1,477        

prisoner reimbursement policy.  A prisoner reimbursement policy    1,478        

adopted under this division is a policy that requires a person     1,479        

confined to the prison or station house to reimburse the                        

municipal corporation for any expenses it incurs by reason of the  1,480        

person's confinement in the prison or station house, which         1,481        

expenses may include, but are not limited to, the following:       1,482        

      (1)  A per diem fee for room and board of not more than      1,484        

sixty dollars per day or the actual per diem cost, whichever is    1,485        

less, for the entire period of time the person is confined to the  1,486        

prison or station house;                                                        

      (2)  Actual charges for medical and dental treatment;        1,488        

      (3)  Reimbursement for municipal property damaged by the     1,490        

person while confined to the prison or station house.              1,491        

      Rates charged shall be on a sliding scale determined by the  1,493        

legislative authority of the municipal corporation, based on the   1,494        

ability of the person confined to the prison or station house to   1,495        

pay and on consideration of any legal obligation of the person to  1,496        

support a spouse, minor children, or other dependents and any      1,497        

moral obligation to support dependents to whom the person is       1,498        

providing or has in fact provided support.                                      

      The reimbursement coordinator or another appointed person    1,500        

may investigate the financial status of the confined person and    1,501        

obtain information necessary to investigate that status, by means  1,502        

that may include contacting employers and reviewing income tax     1,503        

records.  The coordinator may work with the confined person to     1,504        

                                                          40     

                                                                 
create a repayment plan to be implemented upon the person's                     

release.  At the end of the person's incarceration, the person     1,505        

shall be presented with a billing statement.                       1,506        

      The reimbursement coordinator or another appointed person    1,508        

may collect, or the legislative authority of the municipal         1,509        

corporation may enter into a contract with one or more public      1,510        

agencies or private vendors to collect, any amounts remaining      1,511        

unpaid.  Within twelve months after the date of the confined                    

person's release, the city director of law, village solicitor, or  1,512        

other attorney for the municipal corporation may file a civil      1,513        

action to seek reimbursement from that person for any billing      1,514        

amount that remains unpaid.  The municipal corporation shall not   1,515        

enforce any judgment obtained under this section by means of       1,516        

execution against the person's homestead.  For purposes of this    1,517        

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

section 323.151 of the Revised Code.  Any reimbursement received   1,518        

under this section shall be credited to the general fund of the    1,519        

municipal corporation that bore the expense, to be used for        1,520        

general fund purposes.                                                          

      (D)(1)  Notwithstanding any contrary provision in this       1,522        

section or section 2929.18 or 2929.223 of the Revised Code, the    1,523        

legislative authority of the municipal corporation may establish   1,524        

a policy that requires any person who is not indigent and who is   1,525        

confined in a prison or station house to pay a reasonable fee for  1,526        

any medical treatment or service requested by and provided to      1,527        

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

treatment or service provided.  No person confined to a prison or  1,528        

station house who is indigent shall be required to pay those       1,529        

fees, and no person confined to a prison or station house shall    1,530        

be denied any necessary medical care because of inability to pay   1,531        

those fees.                                                                     

      Upon provision of the requested medical treatment or         1,533        

service, payment of the required fee may be automatically          1,534        

deducted from a person's account record in the prison or station   1,535        

                                                          41     

                                                                 
house's business office.  If the person has no funds in the        1,536        

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   1,537        

later become available in the person's account.  If the person is  1,538        

released from the prison or station house and has an unpaid        1,539        

balance of these fees, the legislative authority may bill the      1,540        

person for payment of the remaining unpaid fees.  Fees received    1,541        

for medical treatment or services shall be paid into the                        

commissary fund, if one has been created for the prison or         1,542        

station house, or if no such fund exists, into the municipal       1,543        

treasury.                                                                       

      (2)  If a person confined to a prison or station house is    1,545        

required under division (B) or (C) of this section or section      1,546        

2929.18 or 2929.223 of the Revised Code to reimburse the           1,547        

municipal corporation for expenses incurred by reason of the       1,548        

person's confinement to the prison or station house, any fees                   

paid by the person under division (D)(1) of this section shall be  1,549        

deducted from the expenses required to be reimbursed under         1,550        

division (B) or (C) of this section or section 2929.18 or          1,551        

2929.223 of the Revised Code.                                                   

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,553        

GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT IN A   1,554        

PRISON OR STATION HOUSE AS DESCRIBED IN DIVISION (A) OF THIS       1,555        

SECTION, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND  1,556        

WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN      1,557        

RELEASED ON BAIL IS CONFINED IN A PRISON OR STATION HOUSE AS                    

DESCRIBED IN DIVISION (A) OF THIS SECTION PENDING TRIAL, AT THE    1,559        

TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE   1,561        

OPERATION OF THE PRISON OR STATION HOUSE DETERMINES TO BE          1,562        

APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE PRISON   1,563        

OR STATION HOUSE MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER TO                 

BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION,            1,565        

HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C,     1,566        

AND OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE        1,568        

                                                          42     

                                                                 
OPERATION OF THE PRISON OR STATION HOUSE MAY CAUSE A CONVICTED OR  1,569        

ACCUSED OFFENDER IN THE PRISON OR STATION HOUSE WHO REFUSES TO BE               

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,      1,571        

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     1,572        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         1,574        

      Sec. 753.04.  (A)  When a person over sixteen years of age   1,585        

is convicted of an offense under the law of this state or an       1,586        

ordinance of a municipal corporation, and the tribunal before      1,587        

which the conviction is had is authorized by law to commit the     1,588        

offender to the county jail or municipal corporation prison, the   1,589        

court, mayor, or judge of the county court, as the case may be,    1,590        

may sentence the offender to a workhouse.                          1,591        

      When a commitment is made from a municipal corporation or    1,593        

township in the county, other than in a municipal corporation      1,594        

having a workhouse, the legislative authority of the municipal     1,595        

corporation or the board of township trustees shall transmit with  1,596        

the mittimus a sum of money equal to not less than seventy cents   1,597        

per day for the time of the commitment, to be placed in the hands  1,598        

of the superintendent of a workhouse for the care and maintenance  1,599        

of the prisoner.                                                   1,600        

      (B)(1)  The legislative authority of the municipal           1,602        

corporation or the board of township trustees may require a        1,603        

person who is convicted of an offense and who is confined in a     1,605        

workhouse as provided in division (A) of this section, to          1,606        

reimburse the municipal corporation or the township, as the case   1,607        

may be, for its expenses incurred by reason of the person's        1,608        

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

to the provision of food, clothing, shelter, medical care,         1,610        

personal hygiene products, including, but not limited to,                       

toothpaste, toothbrushes, and feminine hygiene items, and up to    1,611        

two hours of overtime costs the sheriff or municipal corporation   1,612        

incurred relating to the trial of the person.  The amount of       1,613        

reimbursement may be the actual cost of the prisoner's             1,614        

confinement plus the authorized trial overtime costs or a lesser   1,615        

                                                          43     

                                                                 
amount determined by the legislative authority of the municipal    1,616        

corporation or board of township trustees, provided that the       1,617        

lesser amount shall be determined by a formula that is uniformly   1,618        

applied to persons incarcerated in the workhouse.  The amount of   1,619        

reimbursement shall be determined by a court at a hearing held     1,620        

pursuant to section 2929.18 of the Revised Code if the prisoner    1,621        

person is confined for a felony or section 2929.223 of the         1,623        

Revised Code if the prisoner person is confined for a                           

misdemeanor.  The a confined for a misdemeanor amount or amounts   1,625        

paid in reimbursement by a prisoner PERSON confined for a          1,626        

misdemeanor or the amount recovered from a prisoner PERSON         1,627        

confined for a misdemeanor by executing upon the judgment          1,629        

obtained pursuant to section 2929.223 of the Revised Code shall    1,630        

be paid into the treasury of the municipal corporation or          1,631        

township that incurred the expenses.  If a prisoner person is      1,632        

confined for a felony and the court imposes a sanction under       1,633        

section 2929.18 of the Revised Code that requires the prisoner     1,634        

person to reimburse the costs of confinement, the city director    1,636        

of law, village solicitor, or other chief legal officer shall      1,637        

bring an action to recover the expenses of confinement the IN                   

ACCORDANCE WITH SECTION 2929.18 of the Revised Code.               1,638        

      (2)  The legislative authority of a municipal corporation    1,640        

or the board of township trustees may adopt an ordinance or        1,641        

resolution specifying that a person who is convicted of a felony   1,642        

and who is confined in a workhouse as provided in division (A) of  1,643        

this section is not required to reimburse the municipal            1,644        

corporation or the township, as the case may be, for its expenses  1,645        

incurred by reason of the person's confinement, including the      1,646        

expenses listed in division (B)(1) of this section.  If the        1,647        

legislative authority or board adopts a resolution of that         1,648        

nature, the legislative authority or board shall provide a copy    1,649        

to the court of common pleas of the county, and the court that     1,650        

sentences a person convicted of a felony shall not impose a        1,651        

sanction under section 2929.18 of the Revised Code that requires   1,652        

                                                          44     

                                                                 
the person to reimburse the costs of the confinement.              1,653        

      (C)  In lieu of requiring offenders to reimburse the         1,655        

political subdivision for expenses incurred by reason of the       1,656        

person's confinement in a municipal workhouse under division (B)   1,657        

of this section or under division (C) of section 753.16 of the     1,658        

Revised Code, the legislative authority of the municipal                        

corporation may adopt a prisoner reimbursement policy for the      1,659        

workhouse under this division.  A reimbursement coordinator may    1,660        

be appointed to administer the prisoner reimbursement policy.  A   1,661        

prisoner reimbursement policy adopted under this division is a     1,662        

policy that requires a person confined to the municipal workhouse  1,663        

to reimburse any expenses it incurs by reason of the person's      1,664        

confinement in the workhouse, which expenses may include, but are               

not limited to, the following:                                     1,665        

      (1)  A per diem fee for room and board of not more than      1,667        

sixty dollars per day or the actual per diem cost, whichever is    1,668        

less, for the entire period of time the person is confined to the  1,669        

workhouse;                                                                      

      (2)  Actual charges for medical and dental treatment;        1,671        

      (3)  Reimbursement for municipal property damaged by the     1,673        

person while confined to the workhouse.                            1,674        

      Rates charged shall be on a sliding scale determined by the  1,676        

legislative authority of the municipal corporation based on the    1,677        

ability of the person confined to the workhouse to pay and on      1,678        

consideration of any legal obligation of the person to support a   1,679        

spouse, minor children, or other dependents and any moral          1,680        

obligation to support dependents to whom the person is providing                

or has in fact provided support.                                   1,681        

      The reimbursement coordinator or another workhouse employee  1,683        

may investigate the financial status of the confined person and    1,684        

obtain information necessary to investigate that status, by means  1,685        

that may include contacting employers and reviewing income tax     1,686        

records.  The coordinator may work with the confined person to     1,687        

create a repayment plan to be implemented upon the person's                     

                                                          45     

                                                                 
release.  At the end of the person's incarceration, the person     1,688        

shall be presented with a billing statement.                       1,689        

      The reimbursement coordinator or another workhouse employee  1,691        

may collect, or the legislative authority of the municipal         1,692        

corporation may enter into a contract with one or more public      1,693        

agencies or private vendors to collect, any amounts remaining      1,694        

unpaid.  Within twelve months after the date of the confined                    

person's release, the city director of law, village solicitor, or  1,695        

other attorney for the municipal corporation may file a civil      1,696        

action to seek reimbursement from that person for any billing      1,697        

amount that remains unpaid.  The municipal corporation shall not   1,698        

enforce any judgment obtained under this section by means of       1,699        

execution against the person's homestead.  For purposes of this    1,700        

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

section 323.151 of the Revised Code.  Any reimbursement received   1,701        

under this section shall be credited to the general fund of the    1,702        

political subdivision that bore the expense, to be used for        1,703        

general fund purposes.                                                          

      (D)(1)  Notwithstanding any contrary provision in this       1,705        

section or section 2929.18 or 2929.223 of the Revised Code, the    1,706        

legislative authority of the municipal corporation or board of     1,707        

township trustees may establish a policy that requires any person  1,708        

who is not indigent and who is confined in the workhouse under     1,709        

division (A) of this section to pay a reasonable fee for any                    

medical treatment or service requested by and provided to that     1,710        

person.  This fee shall not exceed the actual cost of the          1,711        

treatment or service provided.  No person confined to a workhouse  1,712        

who is indigent shall be required to pay those fees, and no        1,713        

person confined to a workhouse shall be denied any necessary       1,714        

medical care because of inability to pay those fees.                            

      Upon provision of the requested medical treatment or         1,716        

service, payment of the required fee may be automatically          1,717        

deducted from a person's account record in the workhouse's         1,718        

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

                                                          46     

                                                                 
account, a deduction may be made at a later date during the        1,719        

person's confinement in the center if funds later become           1,720        

available in the person's account.  If the person is released      1,721        

from the workhouse and has an unpaid balance of these fees, the    1,722        

legislative authority or board of township trustees may bill the   1,723        

person for payment of the remaining unpaid fees.  Fees received                 

for medical treatment or services shall be paid into the           1,724        

commissary fund, if one has been created for the workhouse, or if  1,725        

no such fund exists, into the treasury of the municipal            1,726        

corporation or township.                                                        

      (2)  If a person confined to a workhouse under division (A)  1,728        

of this section is required under division (B) of this section or  1,729        

section 2929.18 or 2929.223 of the Revised Code to reimburse       1,730        

medical expenses incurred by reason of the person's confinement    1,731        

to the workhouse, any fees paid by the person under division       1,732        

(C)(D)(1) of this section shall be deducted from the expenses      1,733        

required to be reimbursed under division (B) of this section or    1,734        

section 2929.18 or 2929.223 of the Revised Code.                   1,735        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,737        

GUILTY TO AN OFFENSE IS INCARCERATED IN A WORKHOUSE OR IF A        1,738        

PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS NOT BEEN  1,739        

DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL  1,740        

IS CONFINED IN A WORKHOUSE PENDING TRIAL, AT THE TIME OF           1,741        

RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE           1,743        

OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE       1,744        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE   1,745        

CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR        1,747        

TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED  1,748        

TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE      1,750        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A     1,751        

CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE   1,752        

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,      1,754        

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     1,755        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         1,757        

                                                          47     

                                                                 
      Sec. 753.16.  (A)  Any city or district having a workhouse   1,767        

may receive as inmates of the workhouse persons sentenced or       1,768        

committed to it from counties other than the one in which the      1,769        

workhouse is situated, upon such terms and during such length of   1,770        

time as agreed upon by the boards of county commissioners of such  1,771        

counties, or by the legislative authority of a municipal           1,772        

corporation in such counties and the legislative authority of the  1,773        

city, or the board of the district workhouse, or other authority   1,774        

having the management and control of the workhouse.  Prisoners so  1,775        

received shall in all respects be and remain under the control of  1,776        

such authority, and subject to the rules and discipline of the     1,777        

workhouse the same as other prisoners detained there.              1,778        

      (B)  Prior to the acceptance for housing into a jail or      1,780        

workhouse of persons who are designated by the department of       1,781        

rehabilitation and correction, who plead guilty to or are          1,782        

convicted of a felony of the fourth or fifth degree, and who       1,783        

satisfy the other requirements listed in section 5120.161 of the   1,784        

Revised Code, the legislative authority of a municipal                          

corporation having a jail or workhouse, or the joint board         1,785        

managing and controlling a workhouse for the joint use of a        1,786        

municipal corporation and a county shall enter into an agreement   1,787        

with the department of rehabilitation and correction under         1,788        

section 5120.161 of the Revised Code for the housing in the jail   1,789        

or workhouse of persons who are designated by the department, who  1,790        

plead guilty to or are convicted of a felony of the fourth or      1,791        

fifth degree, and who satisfy the other requirements listed in     1,792        

that section, in exchange for a per diem fee per person.  Persons  1,793        

incarcerated in the jail or workhouse pursuant to such an          1,794        

agreement shall be subject to supervision and control in the       1,795        

manner described in section 5120.161 of the Revised Code.  This    1,796        

division does not affect the authority of a court to directly      1,797        

sentence a person who is convicted of or pleads guilty to a        1,798        

felony to the jail or workhouse in accordance with section                      

2929.16 of the Revised Code.                                       1,799        

                                                          48     

                                                                 
      (C)(1)  The board of county commissioners, the legislative   1,801        

authority of the municipal corporation, or the board or other      1,802        

managing authority of the district workhouse may require a person  1,803        

who was convicted of an offense and who is confined in the         1,805        

workhouse as provided in division (A) of this section, to          1,806        

reimburse the county, municipal corporation, or district, as the   1,807        

case may be, for its expenses incurred by reason of the person's   1,808        

confinement, including, but not limited to, the expenses relating  1,809        

to the provision of food, clothing, shelter, medical care,         1,810        

personal hygiene products, including, but not limited to,          1,811        

toothpaste, toothbrushes, and feminine hygiene items, and up to                 

two hours of overtime costs the sheriff or municipal corporation   1,812        

incurred relating to the trial of the person.  The amount of       1,814        

reimbursement may be the actual cost of the prisoner's PERSON'S    1,815        

confinement plus the authorized trial overtime costs or a lesser   1,816        

amount determined by the board of county commissioners for the     1,818        

county, the legislative authority of the municipal corporation,                 

or the board or other managing authority of the district           1,819        

workhouse, provided that the lesser amount shall be determined by  1,820        

a formula that is uniformly applied to persons incarcerated in     1,821        

the workhouse.  The amount of reimbursement shall be determined    1,822        

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    1,823        

section 2929.223 of the Revised Code if the prisoner person is     1,825        

confined for a misdemeanor.  The a confined for a misdemeanor or   1,826        

municipal chief legal officer amount or amounts paid in            1,828        

reimbursement by a prisoner PERSON confined for a misdemeanor or   1,829        

the amount recovered from a prisoner PERSON confined for a         1,830        

misdemeanor by executing upon the judgment obtained pursuant to    1,832        

section 2929.223 of the Revised Code shall be paid into the        1,833        

treasury of the county, municipal corporation, or district that    1,834        

incurred the expenses.  If a prisoner person is confined for a     1,835        

felony and the court imposes a sanction under section 2929.18 of                

the Revised Code that requires the prisoner person to reimburse    1,836        

                                                          49     

                                                                 
the costs of confinement, the prosecuting attorney or municipal    1,838        

chief legal officer shall bring an action to recover the expenses  1,839        

of confinement the IN ACCORDANCE WITH SECTION 2929.18 of the       1,840        

Revised Code.                                                                   

      (2)  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 adopt a           1,844        

resolution or ordinance specifying that a person who is convicted  1,845        

of a felony and who is confined in the workhouse as provided in    1,846        

division (A) of this section is not required to reimburse the      1,847        

county, municipal corporation, or district, as the case may be,    1,848        

for its expenses incurred by reason of the person's confinement,                

including the expenses listed in division (C)(1) of this section.  1,850        

If the board, legislative authority, or managing authority adopts  1,851        

a resolution of that nature, the board, legislative authority, or  1,852        

managing authority shall provide a copy to the court of common     1,853        

pleas of the county, and the court that sentences a person         1,854        

convicted of a felony shall not impose a sanction under section    1,855        

2929.18 of the Revised Code that requires the person to reimburse  1,856        

the costs of the confinement.                                      1,857        

      (D)(1)  Notwithstanding any contrary provision in this       1,859        

section or section 2929.223 of the Revised Code, the board of      1,860        

county commissioners, the legislative authority of a municipal     1,861        

corporation, or the board or other managing authority of the       1,862        

district workhouse may establish a policy that requires any        1,863        

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       1,864        

reasonable fee for any medical treatment or service requested by   1,865        

and provided to that person.  This fee shall not exceed the        1,866        

actual cost of the treatment or service provided.  No person who   1,867        

is indigent shall be required to pay those fees, and no person     1,868        

shall be denied any necessary medical care because of inability                 

to pay those fees.                                                 1,869        

      Upon provision of the requested medical treatment or         1,871        

                                                          50     

                                                                 
service, payment of the required fee may be automatically          1,872        

deducted from a person's account record in the jail or             1,873        

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   1,874        

the person's confinement in the jail or workhouse if funds later   1,875        

become available in that person's account.  If the person is       1,876        

released from the jail or workhouse and has an unpaid balance of   1,877        

these fees, the board of county commissioners, the legislative     1,878        

authority of the municipal corporation, or the board or other      1,879        

managing authority of the district workhouse may bill the person   1,880        

for payment of the remaining unpaid fees.  Fees received for                    

medical treatment or services shall be paid into the commissary    1,881        

fund, if one has been created for the workhouse, or if no such     1,882        

fund exists, into the treasury of each applicable political        1,883        

subdivision.                                                                    

      (2)  If a person confined to a jail or workhouse is          1,885        

required under division (C) of this section or section 2929.18 or  1,886        

2929.223 of the Revised Code to reimburse medical expenses         1,887        

incurred by reason of the person's confinement to the jail or      1,888        

workhouse, any fees paid by the person under division (D)(1) of    1,889        

this section shall be deducted from the expenses required to be    1,890        

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

or 2929.223 of the Revised Code.                                   1,891        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        1,893        

GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN   1,894        

DIVISION (A) OF THIS SECTION OR IS INCARCERATED IN THE WORKHOUSE   1,895        

IN THE MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, OR IF A   1,896        

PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN      1,897        

DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL  1,898        

IS CONFINED IN THE WORKHOUSE PENDING TRIAL, AT THE TIME OF         1,899        

RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE           1,901        

OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE       1,902        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE   1,903        

CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR        1,905        

                                                          51     

                                                                 
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED  1,906        

TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE      1,908        

PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A     1,909        

CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE   1,910        

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,      1,912        

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     1,913        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         1,915        

      Sec. 753.21.  (A)  As used in this section, "building or     1,925        

structure" includes, but is not limited to, a modular unit,        1,926        

building, or structure and a movable unit, building, or            1,927        

structure.                                                         1,928        

      (B)(1)  The legislative authority of a municipal             1,930        

corporation, by ordinance, may dedicate and permit the use, as a   1,931        

minimum security jail, of any vacant or abandoned public building  1,933        

or structure owned by the municipal corporation that has not been  1,934        

dedicated to or is not then in use for any municipal or other      1,935        

public purpose, or any building or structure rented or leased by   1,936        

the municipal corporation.  The legislative authority of a         1,937        

municipal corporation, by ordinance, also may dedicate and permit  1,938        

the use, as a minimum security jail, of any building or structure  1,939        

purchased by or constructed by or for the municipal corporation.   1,940        

Subject to divisions (B)(3) and (C) of this section, upon the      1,941        

effective date of such an ordinance, the specified building or     1,942        

structure shall be used, in accordance with this section, for the  1,943        

confinement of persons who meet one of the following conditions:   1,944        

      (a)  The person is sentenced to a term of imprisonment for   1,946        

a traffic violation, a misdemeanor that is not an offense of       1,947        

violence, or a violation of a municipal ordinance that is not an   1,949        

offense of violence and the person is under the jurisdiction of    1,951        

the municipal corporation, or the person is sentenced to a term    1,953        

RESIDENTIAL SANCTION in the jail for a felony of the fourth or     1,954        

fifth degree that is not an offense of violence; PURSUANT TO       1,956        

SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL      1,958        

ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED               

                                                          52     

                                                                 
THE PERSON AS A MINIMAL SECURITY RISK.  IN DETERMINING THE         1,959        

PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR  1,960        

DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT   1,961        

LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR            1,962        

ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND  1,963        

CURRENT BEHAVIOR.                                                               

      (b)  The person is an inmate transferred by order of a       1,965        

judge of the sentencing court upon the request of the sheriff,     1,966        

administrator, jailer, or other person responsible for operating   1,967        

the jail other than a contractor as defined in division (H) of     1,968        

section 9.06 of the Revised Code, who is named in the request as   1,969        

being suitable for confinement in a minimum security facility and  1,970        

for the confinement of persons convicted of a felony who are and   1,972        

sentenced to a residential sanction in the minimum security                     

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   1,973        

Revised Code.                                                      1,974        

      (2)  The legislative authority of a municipal corporation,   1,976        

by ordinance, may affiliate with the county in which it is         1,977        

located, with one or more counties adjacent to the county in       1,978        

which it is located, or with one or more municipal corporations    1,979        

located within the county in which it is located or within an      1,980        

adjacent county, and dedicate and permit the use, as a minimum     1,981        

security jail, of any vacant or abandoned public building or       1,983        

structure owned by any of the affiliating counties or municipal    1,984        

corporations that has not been dedicated to or is not then in use  1,985        

for any public purpose, or any building or structure rented or     1,986        

leased by any of the affiliating counties or municipal                          

corporations.  The legislative authority of a municipal            1,987        

corporation, by ordinance, also may affiliate with one or more     1,988        

counties adjacent to the county in which it is located or with     1,989        

one or more municipal corporations located within the county in    1,990        

which it is located or within an adjacent county and dedicate and  1,991        

permit the use, as a minimum security jail, of any building or     1,993        

structure purchased by or constructed by or for any of the         1,994        

                                                          53     

                                                                 
affiliating counties or municipal corporations.  Any counties and  1,995        

municipal corporations that affiliate for purposes of this         1,996        

division shall enter into an agreement that establishes the        1,997        

responsibilities for the operation and for the cost of operation   1,998        

of the minimum security jail.  Subject to divisions (B)(3) and     1,999        

(C) of this section, upon the effective date of an ordinance       2,000        

adopted under this division, the specified building or structure   2,001        

shall be used, in accordance with this section, for the            2,002        

confinement of persons who meet one of the following conditions:   2,003        

      (a)  The person is sentenced to a term of imprisonment for   2,005        

a traffic violation, a misdemeanor that is not an offense of       2,007        

violence, or A VIOLATION OF an ordinance of a municipal            2,009        

corporation that is not an offense of violence and the person is   2,010        

under the jurisdiction of any of the affiliating counties or       2,011        

municipal corporations, or the person is sentenced to a term       2,012        

RESIDENTIAL SANCTION in the jail for a felony of the fourth or     2,014        

fifth degree that is not an offense of violence; PURSUANT TO       2,016        

SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL      2,018        

ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED               

THE PERSON AS A MINIMAL SECURITY RISK.  IN DETERMINING THE         2,019        

PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR  2,020        

DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT   2,021        

LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR            2,022        

ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND  2,023        

CURRENT BEHAVIOR.                                                               

      (b)  The person is an inmate transferred by order of a       2,025        

judge of the sentencing court upon the request of the sheriff,     2,026        

administrator, jailer, or other person responsible for operating   2,027        

the jail other than a contractor as defined in division (H) of     2,028        

section 9.06 of the Revised Code, who is named in the request as   2,029        

being suitable for confinement in a minimum security facility and  2,030        

for the confinement of persons convicted of a felony who are       2,031        

sentenced to a residential sanction in the minimum security        2,032        

misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the   2,033        

                                                          54     

                                                                 
Revised Code.                                                      2,034        

      (3)  No person shall be confined in a building or structure  2,036        

dedicated as a minimum security jail under division (B)(1) or (2)  2,038        

of this section unless the judge who sentenced the person to the   2,039        

term of imprisonment for the traffic violation or the misdemeanor  2,040        

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

JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE       2,041        

CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who     2,042        

sentenced the person to the residential sanction for the felony    2,045        

specifies that the term of imprisonment or the residential         2,046        

sanction is to be served in that A jail, AND DIVISION (B)(1) OR    2,047        

(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT  2,048        

JAIL.  If a rented or leased building or structure is so           2,050        

dedicated, the building or structure may be used as a minimum      2,051        

security jail only during the period that it is rented or leased   2,052        

by the municipal corporation or by an affiliated county or         2,053        

municipal corporation. If a person convicted of a misdemeanor is   2,054        

confined to a building or structure dedicated as a minimum         2,056        

security jail under division (B)(1) or (2) of this section and     2,057        

the sheriff, administrator, jailer, or other person responsible    2,058        

for operating the jail other than a contractor as defined in       2,060        

division (H) of section 9.06 of the Revised Code determines that   2,061        

it would be more appropriate for the person so confined to be      2,062        

confined in another jail or workhouse facility, the sheriff,       2,063        

administrator, jailer, or other person may transfer the person so  2,064        

confined to a more appropriate jail or workhouse facility.         2,065        

      (C)  All of the following apply in relation to a building    2,067        

or structure that is dedicated pursuant to division (B)(1) or (2)  2,068        

of this section for use as a minimum security jail:                2,069        

      (1)  To the extent that the use of the building or           2,071        

structure as a minimum security jail requires a variance from any  2,073        

municipal corporation, county, or township zoning ordinances or    2,074        

regulations, the variance shall be granted.                                     

      (2)  Except as provided in this section, the building or     2,076        

                                                          55     

                                                                 
structure shall not be used to confine any person unless it is in  2,077        

substantial compliance with any applicable housing, fire           2,078        

prevention, sanitation, health, and safety codes, regulations, or  2,079        

standards.                                                         2,080        

      (3)  Unless such satisfaction or compliance is required      2,082        

under the standards described in division (C)(4) of this section,  2,083        

and notwithstanding any other provision of state or local law to   2,084        

the contrary, the building or structure need not satisfy or        2,085        

comply with any state or local building standard or code in order  2,086        

to be used to confine a person for the purposes specified in       2,087        

division (B) of this section.                                      2,088        

      (4)  The building or structure shall not be used to confine  2,090        

any person unless it is in compliance with all minimum standards   2,091        

and minimum renovation, modification, and construction criteria    2,092        

for minimum security jails that have been proposed by the          2,094        

department of rehabilitation and correction, through its bureau    2,095        

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

      (5)  The building or structure need not be renovated or      2,097        

modified into a secure detention facility in order to be used      2,098        

solely to confine a person for the purposes specified in           2,099        

divisions (B)(1)(a) and (B)(2)(a) of this section.                 2,100        

      (6)  The building or structure shall be used, equipped,      2,102        

furnished, and staffed to provide adequate and suitable living,    2,103        

sleeping, food service or preparation, drinking, bathing and       2,104        

toilet, sanitation, and other necessary facilities, furnishings,   2,105        

and equipment.                                                     2,106        

      (D)  Except as provided in this section, a minimum security  2,108        

jail dedicated and used under this section shall be considered to  2,110        

be part of the jail, workhouse, or other correctional facilities   2,111        

of the municipal corporation or the affiliated counties and        2,112        

municipal corporations for all purposes under the law.  All        2,113        

persons confined in such a minimum security jail shall be and      2,114        

shall remain, in all respects, under the control of the authority  2,115        

of the municipal corporation that has responsibility for the       2,116        

                                                          56     

                                                                 
management and operation of the jail, workhouse, or other          2,117        

correctional facilities of the municipal corporation or, if it is  2,118        

operated by any affiliation of counties or municipal               2,119        

corporations, under the control of the specified county or         2,120        

municipal corporation with that authority, provided that, if the   2,121        

person was convicted of a felony and is serving a residential                   

sanction in the facility, all provisions of law that pertain to    2,122        

persons convicted of a felony that would not by their nature       2,123        

clearly be inapplicable apply regarding the person.  A minimum     2,125        

security jail dedicated and used under this section shall be       2,126        

managed and maintained in accordance with policies and procedures  2,127        

adopted by the legislative authority of the municipal corporation  2,128        

or the affiliated counties and municipal corporations governing    2,129        

the safe and healthful operation of the jail, the confinement and  2,130        

supervision of the persons sentenced to it, and their              2,131        

participation in work release or similar rehabilitation programs.  2,132        

In addition to other rules of conduct and discipline, the rights   2,133        

of ingress and egress of persons confined in a minimum security    2,134        

jail dedicated and used under this section shall be subject to     2,135        

reasonable restrictions.  Every person confined in a minimum       2,136        

security jail dedicated and used under this section shall be       2,138        

given verbal and written notification, at the time of the          2,139        

person's admission to the jail, that purposely leaving, or                      

purposely failing to return to, the jail without proper authority  2,140        

or permission constitutes the felony offense of escape.            2,141        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        2,143        

GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A   2,144        

RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN    2,145        

DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON    2,147        

IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A  2,148        

JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b)   2,149        

OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER   2,150        

TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL            2,152        

DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE          2,153        

                                                          57     

                                                                 
OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OFFENDER TO BE       2,154        

EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,    2,155        

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, AND OTHER      2,156        

CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE OPERATION OF     2,158        

THE JAIL MAY CAUSE A CONVICTED OFFENDER IN THE JAIL WHO REFUSES    2,159        

TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION,           2,160        

HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR  2,161        

ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED                2,163        

INVOLUNTARILY.                                                                  

      Sec. 2301.51.  (A)(1)  The court of common pleas of any      2,172        

county that has a population of two hundred thousand or more may   2,173        

formulate a community-based correctional proposal that, upon       2,174        

implementation, would provide a community-based correctional       2,175        

facility and program for the use of that court in accordance with  2,176        

sections 2301.51 to 2301.56 of the Revised Code.  Upon the         2,177        

approval of the director of rehabilitation and correction, the     2,178        

court of common pleas of any county that has a population of two   2,179        

hundred thousand or more may formulate more than one               2,180        

community-based correctional proposal.  In determining whether to  2,181        

grant approval to a court to formulate more than one proposal,     2,183        

the director shall consider the rate at which the county served    2,184        

by the court commits felony offenders to the state correctional    2,185        

system.  If a court formulates more than one proposal, each        2,186        

proposal shall be for a separate community-based correctional      2,187        

facility and program.                                                           

      For each community-based correctional proposal formulated    2,189        

under this division, the fact that the proposal has been           2,190        

formulated and the fact of any subsequent establishment of a       2,191        

community-based correctional facility and program pursuant to the  2,192        

proposal shall be entered upon the journal of the court.  A        2,193        

county's community-based correctional facilities and programs      2,194        

shall be administered by a judicial corrections board.  The        2,195        

presiding judge of the court shall designate the members of the    2,196        

board, who shall be judges of the court.  The total number of      2,197        

                                                          58     

                                                                 
members of the board shall not exceed eleven.  The presiding       2,198        

judge of the court shall serve as chairman of the board.           2,199        

      (2)  The courts of common pleas of two or more adjoining or  2,201        

neighboring counties that have an aggregate population of two      2,202        

hundred thousand or more may form a judicial corrections board     2,203        

and proceed to organize a district and formulate a district        2,204        

community-based correctional proposal that, upon implementation,   2,205        

would provide a district community-based correctional facility     2,206        

and program for the use of the member courts in accordance with    2,207        

sections 2301.51 to 2301.56 of the Revised Code.  Upon the         2,208        

approval of the director of rehabilitation and correction, a       2,209        

judicial corrections board may formulate more than one district    2,210        

community-based correctional proposal.  In determining whether to  2,211        

grant approval to a judicial corrections board to formulate more   2,213        

than one proposal, the director shall consider the rate at which   2,214        

the counties that formed the board commit felony offenders to the  2,215        

state correctional system.  If a judicial corrections board        2,216        

formulates more than one proposal, each proposal shall be for a    2,217        

separate district community-based correctional facility and        2,218        

program.  The judicial corrections board shall consist of not      2,219        

more than eleven judges of the member courts of common pleas, and  2,220        

each member court shall be represented on the board by at least    2,221        

one judge.  The presiding judge of the court of common pleas of    2,222        

the county with the greatest population shall serve as chairman    2,223        

CHAIRPERSON of the board.  The fact of the formation of a board    2,225        

and district, and, for each district community-based correctional  2,226        

proposal formulated under this division, the fact that the         2,227        

proposal has been formulated and the fact of any subsequent        2,228        

establishment of a district community-based correctional facility  2,229        

and program shall be entered upon the journal of each member       2,230        

court of common pleas.                                                          

      (B)(1)  Each proposal for the establishment of a             2,232        

community-based correctional facility and program or district      2,233        

community-based correctional facility and program that is          2,234        

                                                          59     

                                                                 
formulated pursuant to division (A) of this section shall be       2,235        

submitted by the judicial corrections board to the division of     2,236        

parole and community services for its approval under section       2,237        

5120.10 of the Revised Code.                                                    

      (2)  No person shall be sentenced to or placed in a          2,240        

community-based correctional facility and program or to a          2,241        

district community-based correctional facility and program by a    2,243        

court pursuant to section 2929.16 or 2929.17 of the Revised Code,  2,245        

OR by the parole board pursuant to section 2967.28 of the Revised  2,246        

Code, or by the department of rehabilitation and correction        2,247        

pursuant to section 2967.23 of the Revised Code, or otherwise      2,248        

committed or admitted to a facility and program of that type       2,250        

until after the proposal for the establishment of the facility     2,251        

and program has been approved by the division of parole and        2,253        

community services under section 5120.10 of the Revised Code.  A   2,255        

person shall be released by the department of rehabilitation and   2,258        

correction to a facility and program of that type only in          2,260        

accordance with section 2967.23 of the Revised Code, sentenced to  2,263        

a facility and program of that type only pursuant to a sanction    2,265        

imposed by a court pursuant to section 2929.16 or 2929.17 of the   2,267        

Revised Code as the sentence or as any part of the sentence of     2,268        

the person, or otherwise SHALL BE committed or referred to a       2,270        

facility and program of that type only when authorized by law.     2,273        

      (C)  Upon the approval by the division of parole and         2,275        

community services of a proposal for the establishment of a        2,277        

community-based correctional facility and program or district      2,278        

community-based correctional facility and program submitted to it  2,279        

under division (B) of this section, the judicial corrections       2,280        

board that submitted the proposal may establish and operate the    2,281        

facility and program addressed by the proposal in accordance with  2,282        

the approved proposal, AND division (B)(2) of this section, and    2,283        

section 2967.23 of the Revised Code.  The judicial corrections     2,285        

board may submit a request for funding of some or all of its       2,286        

community-based correctional facilities and programs or district   2,287        

                                                          60     

                                                                 
community-based correctional facilities and programs to the board  2,288        

of county commissioners of the county, if the judicial                          

corrections board serves a community-based correctional facility   2,289        

and program, or to the boards of county commissioners of all of    2,290        

the member counties, if the judicial corrections board serves a    2,291        

district community-based correctional facility and program.  The   2,292        

board or boards may appropriate, but are not required to           2,293        

appropriate, a sum of money for funding all aspects of each        2,294        

facility and program as outlined in sections 2301.51 to 2301.56    2,295        

of the Revised Code.  The judicial corrections board has no        2,296        

recourse against a board or boards of county commissioners,        2,297        

either under Chapter 2731. of the Revised Code, under its          2,298        

contempt power, or under any other authority, if the board or      2,299        

boards of county commissioners do not appropriate money for        2,300        

funding any facility or program or if they appropriate money for   2,301        

funding a facility and program in an amount less than the total    2,302        

amount of the submitted request for funding.                       2,303        

      (D)(1)  If a court of common pleas that is being served by   2,305        

any community-based correctional facility and program established  2,306        

pursuant to division (C) of this section determines that it no     2,307        

longer wants to be served by the facility and program, the court   2,308        

may dissolve the facility and program by entering upon the         2,309        

journal of the court the fact of the determination to dissolve     2,310        

the facility and program and by notifying, in writing, the         2,311        

division of parole and community services of the determination to  2,313        

dissolve the facility and program.  If the court is served by      2,314        

more than one community-based correctional facility and program,   2,315        

it may dissolve some or all of the facilities and programs and,    2,316        

if it does not dissolve all of the facilities and programs, it     2,317        

shall continue the operation of the remaining facilities and       2,318        

programs.                                                                       

      (2)  If all of the courts of common pleas being served by    2,320        

any district community-based correctional facility and program     2,321        

established pursuant to division (C) of this section determine     2,322        

                                                          61     

                                                                 
that they no longer want to be served by the facility and          2,323        

program, the courts may dissolve the facility and program by       2,324        

entering upon the journal of each court the fact of the            2,325        

determination to dissolve the facility and program and by the      2,326        

presiding judge of the court of common pleas of the county with    2,327        

the greatest population notifying, in writing, the division of     2,329        

parole and community services of the determination to dissolve     2,330        

the facility and program.  If the courts are served by more than   2,331        

one community-based correctional facility and program, they may    2,332        

dissolve some or all of the facilities and programs and, if they   2,333        

do not dissolve all of the facilities and programs, they shall     2,334        

continue the operation of the remaining facilities and programs.   2,335        

      (3)  If at least one, but not all, of the courts of common   2,337        

pleas being served by one or more district community-based         2,338        

correctional facilities and programs established pursuant to       2,339        

division (C) of this section determines that it no longer wants    2,340        

to be served by the facilities and programs, the court may         2,341        

terminate its involvement with each of the facilities and          2,342        

programs by entering upon the journal of the court the fact of     2,343        

the determination to terminate its involvement with the            2,344        

facilities and programs and by the court notifying, in writing,    2,345        

the division of parole and community services of the               2,346        

determination to terminate its involvement with the facilities     2,348        

and programs.                                                                   

      If at least one, but not all, of the courts of common pleas  2,350        

being served by one or more district community-based correctional  2,351        

facilities and programs terminates its involvement with each of    2,352        

the facilities and programs in accordance with this division, the  2,353        

other courts of common pleas being served by the facilities and    2,354        

programs may continue to be served by each of the facilities and   2,355        

programs if the other counties are adjoining or neighboring        2,356        

counties and have an aggregate population of two hundred thousand  2,357        

or more.                                                                        

      (E)  Nothing in this section, sections 2301.52 to 2301.56,   2,359        

                                                          62     

                                                                 
or section 2967.23, 5120.10, 5120.111, or 5120.122 of the Revised  2,361        

Code modifies or affects or shall be interpreted as modifying or   2,362        

affecting sections 5149.30 to 5149.37 of the Revised Code.         2,363        

      Sec. 2301.52.  Each proposal for a community-based           2,372        

correctional facility and program or a district community-based    2,373        

correctional facility and program shall provide for or contain at  2,374        

least the following:                                               2,375        

      (A)  The designation of a physical facility that will be     2,377        

used for the confinement of persons released to the facility and   2,378        

program by the department of rehabilitation and correction under   2,380        

section 2967.23 of the Revised Code, sentenced to the facility     2,382        

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

the Revised Code, or PERSONS otherwise committed or admitted       2,384        

pursuant to law to the facility and program.  The designate        2,386        

facility shall satisfy all of the following:                                    

      (1)  Be a secure facility that contains lockups and other    2,388        

measures sufficient to ensure the safety of the surrounding        2,389        

community;                                                         2,390        

      (2)  Provide living space and accommodations that are        2,392        

suitable and adequate for the housing upon release, sentencing,    2,394        

or other commitment or admission of the following number of        2,395        

persons:                                                                        

      (a)  For a facility that became operational prior to July    2,397        

1, 1993, at least twenty, but not more than two hundred, persons;  2,398        

      (b)  For a facility that becomes operational on or after     2,400        

July 1, 1993, at least fifty, but not more than two hundred,       2,401        

persons.                                                           2,402        

      (3)  Be constructed or modified, and maintained and          2,404        

operated, so that it complies with the rules adopted pursuant to   2,406        

Chapter 119. of the Revised Code by the division of parole and     2,407        

community services in the department of rehabilitation and                      

correction for community-based correctional facilities and         2,410        

programs and district community-based correctional facilities and  2,411        

programs.                                                                       

                                                          63     

                                                                 
      (B)  The designation of a general treatment program that     2,413        

will be applied individually to each person released to the        2,414        

facility and program by the department of rehabilitation and       2,415        

correction under section 2967.23 of the Revised Code, sentenced    2,416        

to the facility and program by a court pursuant to section         2,418        

2929.16 or 2929.17 of the Revised Code, or otherwise committed or  2,420        

admitted pursuant to law to the facility and program.  The         2,421        

designated general treatment program shall not be limited to, but               

at a minimum shall include, provisions to ensure that:             2,422        

      (1)  Each person released by the department, sentenced by a  2,425        

court, or otherwise committed or admitted to a facility is         2,426        

provided an orientation period of at least thirty days, during     2,427        

which period the person is not permitted to leave the facility     2,428        

and is evaluated in relation to the person's placement in          2,429        

rehabilitative programs;                                           2,430        

      (2)  Each person released by the department, sentenced by a  2,433        

court, or otherwise committed or admitted to a facility is placed  2,434        

in a release program whereby the person will be released           2,435        

temporarily for the purpose of employment in a manner consistent   2,437        

with the applicable work-release program established under         2,438        

section 5147.28 of the Revised Code, for vocational training, or   2,439        

for other educational or rehabilitative programs;                  2,440        

      (3)  All suitable community resources that are available     2,442        

are utilized in the treatment of each person released by the       2,443        

department, sentenced by a court, or otherwise committed or        2,446        

admitted to the facility.                                                       

      (C)  Provisions to ensure that the facility and program      2,448        

will be staffed and operated by persons who satisfy the minimum    2,449        

educational and experience requirements that are prescribed by     2,450        

rule by the department of rehabilitation and correction;           2,451        

      (D)  Provisions for an intake officer to screen each felony  2,453        

offender who is sentenced by the court or courts that the          2,454        

facility and program serve and to make recommendations to the      2,455        

sentencing court concerning the admission or referral of each      2,456        

                                                          64     

                                                                 
felony offender to the facility and program within fourteen days   2,457        

after notification of sentencing;                                  2,458        

      (E)  Written screening standards that are to be used by an   2,460        

intake officer in screening an offender under the provisions       2,461        

described in division (D) of this section and that at a minimum    2,463        

include provisions to ensure that the intake officer will not      2,464        

make a recommendation to a sentencing court in support of the      2,466        

sentencing of a person to the facility and program if the person   2,467        

is ineligible for placement in the facility and program under      2,468        

rules adopted by the facility's and program's judicial             2,469        

corrections board.                                                 2,470        

      (F)  A statement that a good faith effort will be made to    2,472        

ensure that the persons who staff and operate the facility and     2,473        

program proportionately represent the racial, ethnic, and          2,474        

cultural diversity of the persons released, sentenced, or          2,476        

otherwise committed or admitted to the facility and program;       2,477        

      (G)  A statement indicating that the facility's and          2,479        

program's judicial corrections board, in its discretion, may       2,481        

approve the department of rehabilitation and correction's release  2,482        

to the facility and program of a prisoner serving a definite       2,483        

sentence pursuant to section 2967.23 of the Revised Code.          2,484        

      Sec. 2301.55.  (A)  If a judicial corrections board          2,493        

establishes one or more community-based correctional facilities    2,494        

and programs or district community-based correctional facilities   2,495        

and programs, all of the following apply, for each facility and    2,496        

program so established:                                            2,497        

      (1)  The judicial corrections board shall appoint and fix    2,499        

the compensation of the director of the facility and program and   2,500        

other professional, technical, and clerical employees who are      2,501        

necessary to properly maintain and operate the facility and        2,502        

program.                                                           2,503        

      The director, under the supervision of the judicial          2,505        

corrections board and subject to the rules of the judicial         2,506        

corrections board that are prescribed under division (B) of this   2,507        

                                                          65     

                                                                 
section, shall control, manage, operate, and have general charge   2,508        

of the facility and program, and shall have the custody of its     2,509        

property, files, and records.                                      2,510        

      (2)  The judicial corrections board may enter into           2,512        

contracts with the board of county commissioners of the county in  2,513        

which the facility and program is located or, in the case of a     2,514        

district facility and program, with the county commissioners of    2,515        

any county included in the district, whereby the county is to      2,516        

provide buildings, goods, and services to the facility and         2,517        

program.                                                           2,518        

      (3)  The judicial corrections board shall adopt rules for    2,520        

the sentencing or other commitment or admission pursuant to law    2,522        

of persons to, and the operation of, the facility and program.     2,523        

The rules shall provide procedures that conform to sections        2,524        

2301.51 to 2301.56, 2967.23, 5120.10, 5120.111, and 5120.112 of    2,526        

the Revised Code.  The rules adopted under this division shall be  2,527        

entered upon the journal of the court of each member court of a    2,528        

district.                                                          2,529        

      (B)  A judicial corrections board that establishes one or    2,531        

more community-based correctional facilities and programs or       2,532        

district community-based correctional facilities and programs may  2,533        

accept any gift, donation, devise, or bequest of real or personal  2,534        

property made to it by any person, or any grant or appropriation   2,535        

made to it by any federal, state, or local governmental unit or    2,536        

agency, and use the gift, donation, devise, bequest, grant, or     2,537        

appropriation in any manner that is consistent with any            2,538        

conditions of the gift, donation, devise, bequest, grant, or       2,539        

appropriation and that it considers to be in the interests of the  2,540        

facility and program.  The judicial corrections board may sell,    2,541        

lease, convey, or otherwise transfer any real or personal          2,542        

property that it accepts pursuant to this division following the   2,543        

procedures specified in sections 307.09, 307.10, and 307.12 of     2,544        

the Revised Code.                                                  2,545        

      (C)  A judicial corrections board that establishes one or    2,547        

                                                          66     

                                                                 
more community-based correctional facilities and programs or       2,548        

district community-based correctional facilities and programs      2,549        

shall provide the citizens advisory board of the facilities and    2,550        

programs with the staff assistance that the citizens advisory      2,551        

board requires to perform the duties imposed by section 2301.54    2,552        

of the Revised Code.                                               2,553        

      Sec. 2301.56.  (A)  A judicial corrections board that        2,563        

proposes or establishes one or more community-based correctional   2,564        

facilities and programs or district community-based correctional   2,565        

facilities and programs may apply to the division of parole and    2,566        

community services for state financial assistance for the cost of  2,567        

renovation, maintenance, and operation of any of the facilities    2,568        

and programs.  If the judicial corrections board has proposed or   2,569        

established more than one facility and program and if it desires   2,570        

state financial assistance for more than one of the facilities     2,571        

and programs, the board shall submit a separate application for    2,572        

each facility and program for which it desires the financial       2,573        

assistance.                                                        2,574        

      An application for state financial assistance under this     2,576        

section may be made when the judicial corrections board submits    2,577        

for the approval of the section its proposal for the               2,578        

establishment of the facility and program in question to the       2,579        

division of parole and community services under division (B) of    2,580        

section 2301.51 of the Revised Code, or at any time after the      2,581        

section has approved the proposal.  All applications for state     2,582        

financial assistance for proposed or approved facilities and       2,583        

programs shall be made on forms that are prescribed and furnished  2,584        

by the department of rehabilitation and correction, and in         2,585        

accordance with section 5120.112 of the Revised Code.              2,586        

      The judicial corrections board may submit a request for      2,588        

funding of some or all of its community-based correctional         2,589        

facilities and programs or district community-based correctional   2,590        

facilities and programs to the board of county commissioners of    2,591        

the county, if the judicial corrections board serves a             2,592        

                                                          67     

                                                                 
community-based correctional facility and program, or to the       2,593        

boards of county commissioners of all of the member counties, if   2,594        

the judicial corrections board serves a district community-based   2,595        

correctional facility and program.  The board or boards may        2,596        

appropriate, but are not required to appropriate, a sum of money   2,597        

for funding all aspects of each facility and program as outlined   2,598        

in sections 2301.51 to 2301.56 of the Revised Code.  The judicial  2,599        

corrections board has no recourse against a board or boards of     2,600        

county commissioners, either under Chapter 2731. of the Revised    2,601        

Code, under its contempt power, or under any other authority, if   2,602        

the board or boards of county commissioners do not appropriate     2,603        

money for funding any facility or program or if they appropriate   2,604        

money for funding a facility and program in an amount less than    2,605        

the total amount of the submitted request for funding.             2,606        

      (B)(1)  A board of county commissioners may require a        2,608        

person who was convicted of an offense and who is confined in a    2,610        

community-based correctional facility or district community-based  2,611        

correctional facility as provided in sections 2301.51 to 2301.56   2,612        

of the Revised Code, to reimburse the county for its expenses      2,613        

incurred by reason of the person's confinement, including, but     2,614        

not limited to, the expenses relating to the provision of food,    2,615        

clothing, shelter, medical care, personal hygiene products,        2,616        

including, but not limited to, toothpaste, toothbrushes, and       2,617        

feminine hygiene items, and up to two hours of overtime costs the  2,618        

sheriff or municipal corporation incurred relating to the trial                 

of the person.  The amount of reimbursement may be the actual      2,620        

cost of the prisoner's PERSON'S confinement plus the authorized    2,622        

trial overtime costs or a lesser amount determined by the board                 

of county commissioners for the county, provided that the lesser   2,623        

amount shall be determined by a formula that is uniformly applied  2,625        

to persons incarcerated in the facility.  The amount of                         

reimbursement shall be determined by a court at a hearing held     2,626        

pursuant to section 2929.18 of the Revised Code if the prisoner    2,627        

person is confined for a felony or section 2929.223 of the         2,629        

                                                          68     

                                                                 
Revised Code if the prisoner PERSON is confined for a              2,630        

misdemeanor.  The a confined for a misdemeanor amount or amounts   2,631        

paid in reimbursement by a prisoner person confined for a          2,632        

misdemeanor or the amount recovered from a prisoner PERSON         2,633        

confined for a misdemeanor by executing upon the judgment          2,634        

obtained pursuant to section 2929.223 of the Revised Code shall    2,635        

be paid into the treasury of the county that incurred the          2,636        

expenses.  If a prisoner person is confined for a felony and the   2,638        

court imposes a sanction under section 2929.18 of the Revised                   

Code that requires the prisoner person to reimburse the costs of   2,639        

confinement, the prosecuting attorney shall bring an action to     2,641        

recover the expenses of confinement IN ACCORDANCE WITH SECTION     2,642        

2929.18 of the Revised Code.                                                    

      (2)  A board of county commissioners may adopt a resolution  2,644        

specifying that a person who is convicted of a felony and who is   2,645        

confined in a community-based correctional facility or district    2,646        

community-based correctional facility as provided in sections      2,647        

2301.51 to 2301.56 of the Revised Code is not required to          2,648        

reimburse the county for its expenses incurred by reason of the    2,649        

person's confinement, including the expenses listed in division                 

(B)(1) of this section.  If the board adopts a resolution of that  2,651        

nature, the board shall provide a copy to the court of common      2,652        

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

convicted of a felony shall not impose a sanction under section    2,653        

2929.18 of the Revised Code that requires the person to reimburse  2,654        

the costs of the confinement.                                      2,655        

      (C)  In lieu of requiring offenders to reimburse the         2,657        

political subdivision for expenses incurred by reason of the       2,658        

person's confinement pursuant to division (B) of this section,     2,659        

the board or boards of county commissioners, acting jointly with   2,660        

the judicial corrections board, may adopt a prisoner                            

reimbursement policy for the community-based correctional          2,661        

facility under this division to be administered under the          2,662        

direction of the director of the facility.  The director may       2,663        

                                                          69     

                                                                 
appoint a reimbursement coordinator to administer the facility's   2,664        

prisoner reimbursement policy.  A prisoner reimbursement policy                 

adopted under this division is a policy that requires a person     2,665        

confined to the facility to reimburse the county or counties for   2,666        

any expenses it incurs by reason of the person's confinement in    2,667        

the facility, which expenses may include, but are not limited to,  2,668        

the following:                                                                  

      (1)  A per diem fee for room and board of not more than      2,670        

sixty dollars per day or the actual per diem cost, whichever is    2,671        

less, for the entire period of time the person is confined to the  2,672        

facility;                                                                       

      (2)  Actual charges for medical and dental treatment;        2,674        

      (3)  Reimbursement for government property damaged by the    2,676        

person while confined to the facility.                             2,677        

      Rates charged shall be on a sliding scale determined by the  2,679        

director with the approval of the judicial corrections board       2,680        

based on the ability of the person confined to the facility to     2,681        

pay and on consideration of any legal obligation of the person to  2,682        

support a spouse, minor children, or other dependents and any                   

moral obligation to support dependents to whom the person is       2,683        

providing or has in fact provided support.                         2,684        

      The reimbursement coordinator or another person designated   2,686        

by the director may investigate the financial status of the        2,687        

confined person and obtain information necessary to investigate    2,688        

that status, by means that may include contacting employers and    2,689        

reviewing income tax records.  The coordinator may work with the                

confined person to create a repayment plan to be implemented upon  2,690        

the person's release.  At the end of the person's incarceration,   2,691        

the person shall be presented with a billing statement signed by   2,692        

the director.                                                                   

      The reimbursement coordinator or another person designated   2,694        

by the director may collect, or the judicial corrections board     2,695        

may enter into a contract with one or more public agencies or      2,696        

private vendors to collect, any amounts remaining unpaid.  Within  2,697        

                                                          70     

                                                                 
twelve months after the date of the confined person's release,                  

the prosecuting attorney may file a civil action in the name of    2,698        

the state in the court of common pleas of the county in which the  2,699        

facility is located to seek reimbursement from that person for     2,700        

any billing amount that remains unpaid.  No judgment obtained      2,701        

under this section shall be enforced by means of execution         2,702        

against the person's homestead.  For purposes of this section,                  

"homestead" has the same meaning as in division (A) of section     2,703        

323.151 of the Revised Code.  Any reimbursement received under     2,704        

this section shall be credited to the general fund of the county   2,705        

that bore the expense, to be used for general fund purposes.       2,706        

      (D)(1)  Notwithstanding any contrary provision in this       2,708        

section or section 2929.18 or 2929.223 of the Revised Code, the    2,709        

judicial corrections board may establish a policy that requires    2,710        

any person who is not indigent and who is confined in the          2,711        

community-based correctional facility or district community-based  2,712        

correctional facility to pay a reasonable fee for any medical      2,713        

treatment or service requested by and provided to that person.                  

This fee shall not exceed the actual cost of the treatment or      2,714        

service provided.  No person confined to a community-based         2,715        

correctional facility or district community-based correctional     2,716        

facility who is indigent shall be required to pay those fees, and  2,717        

no person confined to any facility of that type shall be denied    2,718        

any necessary medical care because of inability to pay those                    

fees.                                                                           

      Upon provision of the requested medical treatment or         2,720        

service, payment of the required fee may be automatically          2,721        

deducted from a person's account record in the facility's          2,722        

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

account, a deduction may be made at a later date during the        2,723        

person's confinement in the facility if funds later become         2,724        

available in that person's account.  If the person is released     2,725        

from the facility and has an unpaid balance of these fees, the     2,726        

judicial corrections board may bill the person for payment of the  2,727        

                                                          71     

                                                                 
remaining unpaid fees.  Fees received for medical treatment or                  

services shall be paid into the commissary fund, if one has been   2,728        

created for the facility, or if no such fund exists, into the      2,729        

county treasury of the county that actually paid for the           2,730        

treatment or service.                                                           

      (2)  If a person confined to a community-based correctional  2,732        

facility or district community-based correctional facility is      2,733        

required under division (B) or (C) of this section or section      2,734        

2929.18 or 2929.223 of the Revised Code to reimburse the county    2,735        

for expenses incurred by reason of the person's confinement to     2,736        

the facility, any fees paid by the person under division (D)(1)                 

of this section shall be deducted from the expenses required to    2,737        

be reimbursed under division (B) or (C) of this section or         2,738        

section 2929.18 or 2929.223 of the Revised Code.                   2,739        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        2,741        

GUILTY TO AN OFFENSE IS CONFINED IN A COMMUNITY-BASED              2,742        

CORRECTIONAL FACILITY OR DISTRICT COMMUNITY-BASED CORRECTIONAL     2,743        

FACILITY, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE PERSON   2,744        

IN CHARGE OF THE OPERATION OF THE FACILITY DETERMINES TO BE                     

APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE          2,745        

FACILITY MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND       2,746        

TESTED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT   2,747        

NOT LIMITED TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS         2,748        

DISEASES.  THE PERSON IN CHARGE OF THE OPERATION OF THE FACILITY   2,750        

MAY CAUSE A CONVICTED OFFENDER IN THE FACILITY WHO REFUSES TO BE   2,751        

TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,      2,752        

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     2,753        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         2,755        

      Sec. 2305.24.  Any information, data, reports, or records    2,764        

made available to a quality assurance committee or utilization     2,765        

committee of a hospital or of any not-for-profit health care       2,766        

corporation which THAT is a member of the hospital or of which     2,767        

the hospital is a member shall be confidential and shall be used   2,769        

by the committee and the committee members only in the exercise    2,770        

                                                          72     

                                                                 
of the proper functions of the committee.  Any information, data,  2,771        

reports, or records made available to a utilization committee of   2,772        

a state or local medical society composed of doctors of medicine   2,773        

or doctors of osteopathic medicine and surgery shall be            2,774        

confidential and shall be used by the committee and the committee  2,775        

members only in the exercise of the proper functions of the        2,776        

committee.  A right of action similar to that a patient may have   2,777        

against an attending physician for misuse of information, data,    2,778        

reports, or records arising out of the physician-patient           2,779        

relationship, shall accrue against a member of a quality           2,780        

assurance committee or utilization committee for misuse of any     2,781        

information, data, reports, or records furnished to the committee  2,782        

by an attending physician.  No physician, surgeon, institution,    2,783        

or hospital furnishing information, data, reports, or records to   2,784        

a committee with respect to any patient examined or treated by     2,785        

the physician or surgeon or confined in the institution or         2,786        

hospital shall, by reason of the furnishing, be deemed liable in   2,787        

damages to any person, or be held to answer for betrayal of a      2,788        

professional confidence within the meaning and intent of section   2,789        

4731.22 of the Revised Code.  Information, data, or reports        2,790        

furnished to a utilization committee of a state or local medical   2,791        

society shall contain no name of any person involved therein.      2,792        

      Any information, data, reports, or records made available    2,794        

to a quality assurance committee of a state correctional           2,795        

institution operated by the department of rehabilitation and       2,796        

correction or a quality assurance committee of the central office  2,797        

of the department of rehabilitation and correction or department   2,799        

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

department or committee and the department or committee members    2,800        

only in the exercise of the proper functions of the department or  2,801        

committee.                                                                      

      As used in this section, "utilization committee" is the      2,803        

committee established to administer a utilization review plan of   2,804        

a hospital, of a not-for-profit health care corporation which is   2,805        

                                                          73     

                                                                 
a member of the hospital or of which the hospital is a member, or  2,806        

of an extended care facility as provided in the "Health Insurance  2,807        

for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).        2,808        

      Sec. 2305.25.  (A)  No health care entity and no individual  2,818        

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      2,819        

following corporations shall be liable in damages to any person    2,820        

for any acts, omissions, decisions, or other conduct within the    2,821        

scope of the functions of the board, committee, or corporation:    2,822        

      (1)  A peer review committee of a hospital, a nonprofit      2,824        

health care corporation which is a member of the hospital or of    2,825        

which the hospital is a member, or a community mental health       2,826        

center;                                                            2,827        

      (2)  A board or committee of a hospital or of a nonprofit    2,830        

health care corporation which is a member of the hospital or of    2,831        

which the hospital is a member reviewing professional                           

qualifications or activities of the hospital medical staff or      2,832        

applicants for admission to the medical staff;                     2,833        

      (3)  A utilization committee of a state or local society     2,835        

composed of doctors of medicine or doctors of osteopathic          2,836        

medicine and surgery or doctors of podiatric medicine;             2,837        

      (4)  A peer review committee of nursing home providers or    2,839        

administrators, including a corporation engaged in performing the  2,841        

functions of a peer review committee of nursing home providers or  2,842        

administrators, or a corporation engaged in the functions of                    

another type of peer review or professional standards review       2,843        

committee;                                                         2,844        

      (5)  A peer review committee, professional standards review  2,846        

committee, or arbitration committee of a state or local society    2,847        

composed of doctors of medicine, doctors of osteopathic medicine   2,848        

and surgery, doctors of dentistry, doctors of optometry, doctors   2,849        

of podiatric medicine, psychologists, or registered pharmacists;   2,850        

      (6)  A peer review committee of a health insuring            2,852        

corporation that has at least a two-thirds majority of member      2,854        

                                                          74     

                                                                 
physicians in active practice and that conducts professional       2,855        

credentialing and quality review activities involving the          2,856        

competence or professional conduct of health care providers,       2,857        

which conduct adversely affects, or could adversely affect, the    2,858        

health or welfare of any patient.  For purposes of this division,  2,859        

"health insuring corporation" includes wholly owned subsidiaries   2,862        

of a health insuring corporation.                                  2,863        

      (7)  A peer review committee of any insurer authorized       2,865        

under Title XXXIX of the Revised Code to do the business of        2,866        

sickness and accident insurance in this state that has at least a  2,867        

two-thirds majority of physicians in active practice and that      2,868        

conducts professional credentialing and quality review activities  2,869        

involving the competence or professional conduct of health care    2,870        

providers, which conduct adversely affects, or could adversely     2,871        

affect, the health or welfare of any patient;                      2,872        

      (8)  A peer review committee of any insurer authorized       2,874        

under Title XXXIX of the Revised Code to do the business of        2,875        

sickness and accident insurance in this state that has at least a  2,876        

two-thirds majority of physicians in active practice and that      2,877        

conducts professional credentialing and quality review activities  2,878        

involving the competence or professional conduct of a health care  2,879        

facility that has contracted with the insurer to provide health    2,880        

care services to insureds, which conduct adversely affects, or     2,881        

could adversely affect, the health or welfare of any patient;      2,882        

      (9)  A quality assurance committee of a state correctional   2,884        

institution operated by the department of rehabilitation and       2,886        

correction;                                                                     

      (10)  A quality assurance committee of the central office    2,888        

of the department of rehabilitation and correction or department   2,890        

of mental health;                                                               

      (11)  A peer review committee of an insurer authorized       2,892        

under Title XXXIX of the Revised Code to do the business of        2,893        

medical professional liability insurance in this state and that    2,894        

conducts professional quality review activities involving the      2,896        

                                                          75     

                                                                 
competence or professional conduct of health care providers,       2,897        

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

welfare of any patient;                                            2,898        

      (12)(10)  A peer review committee of a health care entity.   2,900        

      (B)(1)  A hospital shall be presumed to not be negligent in  2,902        

the credentialing of a qualified person if the hospital proves by  2,903        

a preponderance of the evidence that at the time of the alleged    2,904        

negligent credentialing of the qualified person it was accredited  2,905        

by the joint commission on accreditation of health care            2,906        

organizations, the American osteopathic association, or the                     

national committee for quality assurance.                          2,907        

      (2)  The presumption that a hospital is not negligent as     2,909        

provided in division (B)(1) of this section may be rebutted only   2,910        

by proof, by a preponderance of the evidence, of any of the        2,911        

following:                                                                      

      (a)  The credentialing and review requirements of the        2,913        

accrediting organization did not apply to the hospital, the        2,914        

qualified person, or the type of professional care that is the     2,915        

basis of the claim against the hospital.                                        

      (b)  The hospital failed to comply with all material         2,917        

credentialing and review requirements of the accrediting           2,918        

organization that applied to the qualified person.                 2,919        

      (c)  The hospital, through its medical staff executive       2,921        

committee or its governing body and sufficiently in advance to     2,922        

take appropriate action, knew that a previously competent          2,923        

qualified person with staff privileges at the hospital had         2,924        

developed a pattern of incompetence that indicated that the        2,925        

qualified person's privileges should have been limited prior to    2,926        

treating the plaintiff at the hospital.                            2,927        

      (d)  The hospital, through its medical staff executive       2,929        

committee or its governing body and sufficiently in advance to     2,930        

take appropriate action, knew that a previously competent          2,931        

qualified person with staff privileges at the hospital would       2,932        

provide fraudulent medical treatment but failed to limit the       2,933        

                                                          76     

                                                                 
qualified person's privileges prior to treating the plaintiff at   2,934        

the hospital.                                                      2,935        

      (3)  If the plaintiff fails to rebut the presumption         2,937        

provided in division (B)(1) of this section, upon the motion of    2,938        

the hospital, the court shall enter judgment in favor of the       2,939        

hospital on the claim of negligent credentialing.                               

      (C)  Nothing in this section otherwise shall relieve any     2,941        

individual or health care entity from liability arising from       2,942        

treatment of a patient.  Nothing in this section shall be          2,943        

construed as creating an exception to section 2305.251 of the      2,944        

Revised Code.                                                                   

      (D)  No person who provides information under this section   2,946        

without malice and in the reasonable belief that the information   2,948        

is warranted by the facts known to the person shall be subject to  2,949        

suit for civil damages as a result of providing the information.   2,950        

      (E)  For purposes of AS USED IN this section:                2,952        

      (1)  "Peer review committee" means a utilization review      2,954        

committee, quality assurance committee, quality improvement        2,955        

committee, tissue committee, credentialing committee, or other     2,956        

committee that conducts professional credentialing and quality     2,957        

review activities involving the competence or professional         2,958        

conduct of health care practitioners.                                           

      (2)  "Health care entity" means a government entity, a       2,960        

for-profit or nonprofit corporation, a limited liability company,  2,961        

a partnership, a professional corporation, a state or local        2,962        

society as described in division (A)(3) of this section, or other  2,963        

health care organization, including, but not limited to, health    2,964        

care entities described in division (A) of this section, whether   2,965        

acting on its own behalf or on behalf of or in affiliation with    2,966        

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

purpose, professional credentialing or quality review activities   2,967        

involving the competence or professional conduct of health care    2,968        

practitioners or providers.                                        2,969        

      (3)  "Hospital" means either of the following:               2,971        

                                                          77     

                                                                 
      (a)  An institution that has been registered or licensed by  2,973        

the Ohio department of health as a hospital;                       2,974        

      (b)  An entity, other than an insurance company authorized   2,976        

to do business in this state, that owns, controls, or is           2,977        

affiliated with an institution that has been registered or         2,979        

licensed by the Ohio department of health as a hospital.                        

      (4)  "Qualified person" means a member of the medical staff  2,981        

of a hospital or a person who has professional privileges at a     2,982        

hospital pursuant to section 3701.351 of the Revised Code.         2,983        

      (F)  This section shall be considered to be purely remedial  2,986        

in its operation and shall be applied in a remedial manner in any  2,987        

civil action in which this section is relevant, whether the civil  2,988        

action is pending in court or commenced on or after the effective  2,989        

date of this section, regardless of when the cause of action       2,990        

accrued and notwithstanding any other section of the Revised Code  2,992        

or prior rule of law of this state.                                             

      Sec. 2305.251.  Proceedings and records within the scope of  3,001        

the peer review or utilization review functions of all review      3,002        

boards, committees, or corporations described in section 2305.25   3,004        

of the Revised Code shall be held in confidence and shall not be   3,005        

subject to discovery or introduction in evidence in any civil      3,006        

action against a health care professional, the department of       3,007        

rehabilitation and correction, the department of mental health, a  3,008        

hospital, a not-for-profit health care corporation which THAT is   3,009        

a member of a hospital or of which a hospital is a member, or      3,010        

other ANOTHER health care entity arising out of matters that are   3,012        

the subject of evaluation and review by the review board,          3,013        

committee, or corporation.  No person in attendance at a meeting   3,014        

of a review board, committee, or corporation or serving as a       3,015        

member or employee of a review board, committee, or corporation    3,016        

shall be permitted or required to testify in any civil action as   3,017        

to any evidence or other matters produced or presented during the  3,018        

proceedings of the review board, committee, or corporation or as   3,019        

to any finding, recommendation, evaluation, opinion, or other      3,020        

                                                          78     

                                                                 
action of the review board, committee, or corporation or a member  3,021        

or employee of it.  Information, documents, or records otherwise   3,023        

available from original sources are not to be construed as being   3,024        

unavailable for discovery or for use in any civil action merely    3,025        

because they were presented during proceedings of a review board,  3,026        

committee, or corporation, nor should any person testifying        3,027        

before a review board, committee, or corporation or who is a       3,028        

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

be prevented from testifying as to matters within the person's     3,030        

knowledge, but the witness cannot be asked about the witness's     3,031        

testimony before the review board, committee, or corporation or    3,032        

an opinion formed by the witness as a result of the review board,  3,033        

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

produce for discovery or for use at trial the proceedings or       3,035        

records described in this section is a final order.                             

      Sec. 2901.07.  (A)  As used in this section:                 3,044        

      (1)  "DNA analysis" and "DNA specimen" have the same         3,046        

meanings as in section 109.573 of the Revised Code.                3,047        

      (2)  "Jail" and "community-based correctional facility"      3,049        

have the same meanings as in section 2929.01 of the Revised Code.  3,050        

      (3)  "Post-release control" has the same meaning as in       3,052        

section 2967.28 2967.01 of the Revised Code.                       3,054        

      (B)(1)  A person who is convicted of or pleads guilty to a   3,057        

felony offense listed in division (D) of this section and who is   3,058        

sentenced to a prison term or to a community residential sanction  3,059        

in a jail or community-based correctional facility pursuant to     3,060        

section 2929.16 of the Revised Code, and a person who is           3,062        

convicted of or pleads guilty to a misdemeanor offense listed in   3,063        

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

imprisonment shall submit to a DNA specimen collection procedure   3,066        

administered by the director of rehabilitation and correction or   3,067        

the chief administrative officer of the jail or other detention    3,068        

facility in which the person is serving the term of imprisonment.  3,069        

If the person serves the prison term in a state correctional       3,070        

                                                          79     

                                                                 
institution, the director of rehabilitation and correction shall   3,071        

cause the DNA specimen to be collected from the person during the  3,072        

intake process at the reception facility designated by the         3,074        

director.  If the person serves the community residential          3,075        

sanction or term of imprisonment in a jail, a community-based      3,076        

correctional facility, or another county, multicounty, municipal,  3,077        

municipal-county, or multicounty-municipal detention facility,     3,078        

the chief administrative officer of the jail, community-based      3,080        

correctional facility, or detention facility shall cause the DNA   3,082        

specimen to be collected from the person during the intake                      

process at the jail, community-based correctional facility, or     3,083        

detention facility.  In accordance with division (C) of this       3,085        

section, the director or the chief administrative officer shall    3,086        

cause the DNA specimen to be forwarded to the bureau of criminal   3,087        

identification and investigation no later than fifteen days after  3,088        

the date of the collection of the DNA specimen.  The DNA specimen  3,089        

shall be collected in accordance with division (C) of this         3,090        

section.                                                                        

      (2)  If a person is convicted of or pleads guilty to an      3,093        

offense listed in division (D) of this section, is serving a       3,095        

prison term, community residential sanction, or term of                         

imprisonment for that offense, and does not provide a DNA          3,096        

specimen pursuant to division (B)(1) of this section, prior to     3,097        

the person's release from the prison term, community residential   3,098        

sanction, or imprisonment, the person shall submit to, and         3,100        

director of rehabilitation and correction or the chief             3,101        

administrative officer of the jail, community-based correctional   3,102        

facility, or detention facility in which the person is serving                  

the prison term, community residential sanction, or term of        3,104        

imprisonment shall administer, a DNA specimen collection           3,105        

procedure at the state correctional institution, jail,             3,106        

community-based correctional facility, or detention facility in    3,107        

which the person is serving the prison term, community             3,108        

residential sanction, or term of imprisonment.  In accordance      3,110        

                                                          80     

                                                                 
with division (C) of this section, the director or the chief       3,112        

administrative officer shall cause the DNA specimen to be                       

forwarded to the bureau of criminal identification and             3,114        

investigation no later than fifteen days after the date of the     3,115        

collection of the DNA specimen.  The DNA specimen shall be         3,116        

collected in accordance with division (C) of this section.         3,117        

      (3)  If a person serving a prison term or community          3,119        

residential sanction for a felony is released on parole, furlough  3,120        

UNDER TRANSITIONAL CONTROL, or other ON ANOTHER TYPE OF release    3,122        

or is on post-release control, if the person is under the          3,124        

supervision of the adult parole authority, if the person is        3,125        

returned to a jail, community-based correctional facility, or      3,126        

state correctional institution for a violation of a condition THE  3,128        

TERMS AND CONDITIONS of the parole, furlough TRANSITIONAL          3,129        

CONTROL, other release, or post-release control, if the person     3,130        

was or will be serving a prison term or community residential      3,131        

sanction for committing an offense listed in division (D) of this  3,134        

section, and if the person did not provide a DNA specimen          3,135        

pursuant to division (B)(1) or (2) of this section, the person     3,137        

shall submit to, and the director of rehabilitation and            3,138        

correction or the chief administrative officer of the jail or      3,139        

community-based correctional facility shall administer, a DNA      3,140        

specimen collection procedure at the jail, community-based         3,142        

correctional facility, or state correctional institution in which  3,143        

the person is serving the prison term or community residential     3,144        

sanction.  In accordance with division (C) of this section, the    3,147        

director or the chief administrative officer shall cause the DNA   3,149        

specimen to be forwarded to the bureau of criminal identification  3,150        

and investigation no later than fifteen days after the date of     3,151        

the collection of the DNA specimen.  The DNA specimen shall be     3,152        

collected from the person in accordance with division (C) of this  3,154        

section.                                                                        

      (C)  A physician, registered nurse, licensed practical       3,157        

nurse, duly licensed clinical laboratory technician, or other      3,158        

                                                          81     

                                                                 
qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          3,159        

pursuant to division (B) of this section.  No later than fifteen   3,160        

days after the date of the collection of the DNA specimen, the     3,161        

director of rehabilitation and correction or the chief             3,162        

administrative officer of the jail, community-based correctional   3,163        

facility, or other county, multicounty, municipal,                 3,164        

municipal-county, or multicounty-municipal detention facility, in  3,165        

which the person is serving the prison term, community             3,166        

residential sanction, or term of imprisonment shall cause the DNA  3,167        

specimen to be forwarded to the bureau of criminal identification  3,168        

and investigation in accordance with procedures established by     3,169        

the superintendent of the bureau under division (H) of section     3,170        

109.573 of the Revised Code.  The bureau shall provide the         3,171        

specimen vials, mailing tubes, labels, postage, and instructions   3,172        

needed for the collection and forwarding of the DNA specimen to    3,173        

the bureau.                                                                     

      (D)  The director of rehabilitation and correction and the   3,175        

chief administrative officer of the jail, community-based          3,176        

correctional facility, or other county, multicounty, municipal,    3,177        

municipal-county, or multicounty-municipal detention facility      3,178        

shall cause a DNA specimen to be collected in accordance with      3,181        

divisions (B) and (C) of this section from a person in its         3,182        

custody who is convicted of or pleads guilty to any of the         3,183        

following offenses:                                                3,184        

      (1)  A violation of section 2903.01, 2903.02, 2905.01,       3,186        

2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised      3,188        

Code;                                                                           

      (2)  A violation of section 2907.12 of the Revised Code as   3,190        

it existed prior to September 3, 1996;                             3,191        

      (3)  An attempt to commit a violation of section 2907.02,    3,193        

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    3,195        

violation of section 2907.12 of the Revised Code as it existed                  

prior to September 3, 1996;                                        3,197        

                                                          82     

                                                                 
      (4)  A violation of any law that arose out of the same       3,199        

facts and circumstances and same act as did a charge against the   3,202        

person of a violation of section 2907.02, 2907.03, 2907.04, or     3,203        

2907.05 of the Revised Code that previously was dismissed or as    3,204        

did a charge against the person of a violation of section 2907.12  3,205        

of the Revised Code as it existed prior to September 3, 1996,      3,206        

that previously was dismissed;                                                  

      (5)  A violation of section 2905.02 or 2919.23 of the        3,208        

Revised Code that would have been a violation of section 2905.04   3,211        

of the Revised Code as it existed prior to July 1, 1996, had it    3,213        

been committed prior to that date;                                              

      (6)  A sexually oriented offense, as defined in section      3,215        

2950.01 of the Revised Code, if, in relation to that offense, the  3,217        

offender has been adjudicated as being a sexual predator, as       3,218        

defined in section 2950.01 of the Revised Code.                    3,219        

      (E)  The director of rehabilitation and correction or a      3,221        

chief administrative officer of a jail, community-based            3,222        

correctional facility, or other detention facility described in    3,224        

division (B) of this section is not required to comply with this   3,225        

section until the superintendent of the bureau of criminal         3,226        

identification and investigation gives agencies in the criminal    3,227        

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

in the state official notification that the state DNA laboratory   3,228        

is prepared to accept DNA specimens.                               3,229        

      Sec. 2903.13.  (A)  No person shall knowingly cause or       3,238        

attempt to cause physical harm to another or to another's unborn.  3,239        

      (B)  No person shall recklessly cause serious physical harm  3,241        

to another or to another's unborn.                                 3,242        

      (C)  Whoever violates this section is guilty of assault.     3,244        

Except as otherwise provided in division (C)(1), (2), or (3) of    3,245        

this section, assault is a misdemeanor of the first degree.        3,247        

      (1)  If EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF    3,249        

the offense is committed by a caretaker against a functionally     3,251        

impaired person under the caretaker's care, assault is a felony    3,252        

                                                          83     

                                                                 
of the fourth degree.  If the offense is committed by a caretaker  3,253        

against a functionally impaired person under the caretaker's       3,254        

care, if the offender previously has been convicted of or pleaded  3,256        

guilty to a violation of this section or section 2903.11 or        3,257        

2903.16 of the Revised Code, and if in relation to the previous    3,258        

conviction the offender was a caretaker and the victim was a       3,259        

functionally impaired person under the offender's care, assault    3,260        

is a felony of the third degree.                                   3,261        

      (2)  If the offense is committed in any of the following     3,263        

circumstances, assault is a felony of the fifth degree:            3,264        

      (a)  The offense occurs in or on the grounds of a state      3,266        

correctional institution or an institution of the department of    3,267        

youth services, the victim of the offense is an employee of the    3,268        

department of rehabilitation and correction, the department of     3,269        

youth services, or a probation department or is on the premises    3,270        

of the particular institution for business purposes or as a        3,271        

visitor, and the offense is committed by a person incarcerated in  3,272        

the state correctional institution, BY a person institutionalized  3,273        

in the department of youth services institution pursuant to a      3,274        

commitment to the department of youth services, or BY a            3,275        

probationer, furloughee, or parolee, BY AN OFFENDER UNDER          3,277        

TRANSITIONAL CONTROL, UNDER A COMMUNITY CONTROL SANCTION, OR ON    3,279        

AN ESCORTED VISIT, BY A PERSON UNDER POST-RELEASE CONTROL, OR BY   3,281        

AN OFFENDER UNDER ANY OTHER TYPE OF SUPERVISION BY A GOVERNMENT    3,282        

AGENCY;                                                                         

      (b)  The offense occurs in or on the grounds of a local      3,284        

correctional facility, the victim of the offense is an employee    3,285        

of the local correctional facility or a probation department or    3,286        

is on the premises of the facility for business purposes or as a   3,287        

visitor, and the offense is committed by a person who is under     3,288        

custody in the facility subsequent to the person's arrest for any  3,289        

crime or delinquent act, subsequent to the person's being charged  3,291        

with or convicted of any crime, or subsequent to the person's      3,293        

being alleged to be or adjudicated a delinquent child.             3,294        

                                                          84     

                                                                 
      (c)  The offense occurs off the grounds of a state           3,296        

correctional institution and off the grounds of an institution of  3,297        

the department of youth services, the victim of the offense is an  3,298        

employee of the department of rehabilitation and correction, the   3,299        

department of youth services, or a probation department, the       3,300        

offense occurs during the employee's official work hours and       3,301        

while the employee is engaged in official work responsibilities,   3,302        

and the offense is committed by a person incarcerated in a state   3,304        

correctional institution or institutionalized in the department    3,305        

of youth services who temporarily is outside of the institution    3,306        

for any purpose or, by a probationer, OR parolee, or furloughee    3,308        

BY AN OFFENDER UNDER TRANSITIONAL CONTROL, UNDER A COMMUNITY       3,309        

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

POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY OTHER TYPE OF    3,310        

SUPERVISION BY A GOVERNMENT AGENCY.                                3,311        

      (d)  The offense occurs off the grounds of a local           3,313        

correctional facility, the victim of the offense is an employee    3,314        

of the local correctional facility or a probation department, the  3,315        

offense occurs during the employee's official work hours and       3,316        

while the employee is engaged in official work responsibilities,   3,317        

and the offense is committed by a person who is under custody in   3,318        

the facility subsequent to the person's arrest for any crime or    3,319        

delinquent act, subsequent to the person being charged with or     3,320        

convicted of any crime, or subsequent to the person being alleged  3,321        

to be or adjudicated a delinquent child and who temporarily is     3,323        

outside of the facility for any purpose or by a probationer, OR    3,324        

parolee, or furloughee BY AN OFFENDER UNDER TRANSITIONAL CONTROL,  3,325        

UNDER A COMMUNITY CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A  3,326        

PERSON UNDER POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY     3,327        

OTHER TYPE OF SUPERVISION BY A GOVERNMENT AGENCY.                  3,328        

      (e)  The victim of the offense is a school teacher or        3,330        

administrator or a school bus operator, and the offense occurs on  3,331        

school premises, in a school building, on a school bus, or while   3,332        

the victim is outside of school premises or a school bus and is    3,333        

                                                          85     

                                                                 
ingaged in duties or official responsibilities associated with     3,334        

the victim's employement or position as a school teacher or                     

administrator or a school bus operator, including, but not         3,335        

limited to, driving, accompanying, or chaperoning students at or   3,336        

on class or field trips, athletic events, or other school          3,337        

extracurricular activities or functions outide of school           3,338        

premises.                                                                       

      (3)  If the victim of the offense is a peace officer, a      3,340        

fire fighter, or a person performing emergency medical service,    3,341        

while in the performance of their official duties, assault is a    3,342        

felony of the fourth degree.                                       3,343        

      (4)  As used in this section:                                3,345        

      (a)  "Peace officer" has the same meaning as in section      3,347        

2935.01 of the Revised Code.                                       3,348        

      (b)  "Fire fighter" has the same meaning as in section       3,350        

3937.41 of the Revised Code.                                       3,351        

      (c)  "Emergency medical service" has the same meaning as in  3,353        

section 4765.01 of the Revised Code.                               3,354        

      (d)  "Local correctional facility" means a county,           3,356        

multicounty, municipal, municipal-county, or                       3,357        

multicounty-municipal jail or workhouse, a minimum security jail   3,359        

established under section 341.23 or 753.21 of the Revised Code,    3,360        

or another county, multicounty, municipal, municipal-county, or    3,361        

multicounty-municipal facility used for the custody of persons     3,362        

arrested for any crime or delinquent act, persons charged with or  3,363        

convicted of any crime, or persons alleged to be or adjudicated a  3,364        

delinquent child.                                                               

      (e)  "Employee of a local correctional facility" means a     3,366        

person who is an employee of the political subdivision or of one   3,367        

or more of the affiliated political subdivisions that operates     3,368        

the local correctional facility and who operates or assists in     3,369        

the operation of the facility.                                     3,370        

      (f)  "School," "school building," and "school premises"      3,372        

have the same meanings as in section 2925.01 of the Revised Code.  3,373        

                                                          86     

                                                                 
      (g)  "School teacher or administrator" means either of the   3,375        

following:                                                                      

      (i)  A person who is employed in the public schools of the   3,377        

state under a contract described in section 3319.08 of the         3,378        

Revised Code in a position in which the person is required to      3,379        

have a certificate issued pursuant to sections 3319.22 to          3,380        

3319.311 of the Revised Code.                                                   

      (ii)  A person who is employed by a nonpublic school for     3,382        

which the state board of education prescribes minimum standards    3,383        

under section 3301.07 of the Revised Code and who is certificated  3,384        

in accordance with section 3301.071 of the Revised Code.           3,385        

      (h)  "School bus" has the same meaning as in section         3,387        

4511.01 of the Revised Code.                                       3,388        

      (i)  "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS    3,390        

IN SECTION 2929.01 OF THE REVISED CODE.                            3,391        

      (j)  "ESCORTED VISIT" MEANS AN ESCORTED VISIT GRANTED UNDER  3,393        

SECTION 2967.27 OF THE REVISED CODE.                               3,394        

      (k)  "POST-RELEASE CONTROL" AND "TRANSITIONAL CONTROL" HAVE  3,396        

THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE.       3,397        

      Sec. 2921.36.  (A)  No person shall knowingly convey, or     3,406        

attempt to convey, onto the grounds of a detention facility or of  3,407        

an institution that is under the control of the department of      3,408        

mental health or the department of mental retardation and          3,409        

developmental disabilities, any of the following items:            3,410        

      (1)  Any deadly weapon or dangerous ordnance, as defined in  3,412        

section 2923.11 of the Revised Code, or any part of or ammunition  3,413        

for use in such a deadly weapon or dangerous ordnance;             3,414        

      (2)  Any drug of abuse, as defined in section 3719.011 of    3,416        

the Revised Code;                                                  3,417        

      (3)  Any intoxicating liquor, as defined in section 4301.01  3,419        

of the Revised Code.                                               3,420        

      (B)  Division (A) of this section does not apply to any      3,422        

person who conveys or attempts to convey an item onto the grounds  3,423        

of a detention facility or of an institution under the control of  3,424        

                                                          87     

                                                                 
the department of mental health or the department of mental        3,425        

retardation and developmental disabilities pursuant to the         3,426        

written authorization of the person in charge of the detention     3,427        

facility or the institution and in accordance with the written     3,428        

rules of the detention facility or the institution.                3,429        

      (C)  No person shall knowingly deliver, or attempt to        3,431        

deliver, to any person who is confined in a detention facility or  3,432        

to any patient in an institution under the control of the          3,433        

department of mental health or the department of mental            3,434        

retardation and developmental disabilities, any item listed in     3,435        

division (A)(1), (2), or (3) of this section.                      3,436        

      (D)  No person shall knowingly deliver, or attempt to        3,438        

deliver, cash to any person who is confined in a detention         3,439        

facility.                                                                       

      (E)(1)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER       3,441        

DIVISION (A)(1) OF THIS SECTION THAT THE WEAPON OR DANGEROUS       3,443        

ORDNANCE IN QUESTION WAS BEING TRANSPORTED IN A MOTOR VEHICLE FOR  3,444        

ANY LAWFUL PURPOSE, THAT IT WAS NOT ON THE ACTOR'S PERSON, AND,                 

IF THE WEAPON OR DANGEROUS ORDNANCE IN QUESTION WAS A FIREARM,     3,445        

THAT IT WAS UNLOADED AND WAS BEING CARRIED IN A CLOSED PACKAGE,    3,446        

BOX, OR CASE OR IN A COMPARTMENT THAT CAN BE REACHED ONLY BY       3,447        

LEAVING THE VEHICLE.                                                            

      (2)  It is an affirmative defense to a charge under          3,449        

division (C) of this section that the actor was not otherwise      3,450        

prohibited by law from delivering the item to the confined person  3,451        

or the patient and that either of the following applies:           3,452        

      (1)(a)  The actor was permitted by the written rules of the  3,454        

detention facility or the institution to deliver the item to the   3,455        

confined person or the patient.                                    3,456        

      (2)(b)  The actor was given written authorization by the     3,458        

person in charge of the detention facility or the institution to   3,459        

deliver the item to the confined person or the patient.            3,460        

      (F)(1)  Whoever violates division (A)(1) of this section or  3,462        

commits a violation of division (C) of this section involving an   3,463        

                                                          88     

                                                                 
item listed in division (A)(1) of this section is guilty of        3,464        

illegal conveyance of weapons onto the grounds of a detention      3,465        

facility or a mental health or mental retardation and              3,466        

developmental disabilities institution, a felony of the fourth     3,468        

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

DEPARTMENT OF REHABILITATION AND CORRECTION, THE COURT SHALL       3,469        

IMPOSE A MANDATORY PRISON TERM.                                    3,470        

      (2)  Whoever violates division (A)(2) of this section or     3,472        

commits a violation of division (C) of this section involving any  3,473        

drug of abuse is guilty of illegal conveyance of drugs of abuse    3,474        

onto the grounds of a detention facility or a mental health or     3,475        

mental retardation and developmental disabilities institution, a   3,476        

felony of the fourth degree if the offender is an officer or       3,478        

employee of the facility or institution or a felony of the fifth   3,479        

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

THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF        3,480        

REHABILITATION AND CORRECTION, THE COURT SHALL IMPOSE A MANDATORY  3,481        

PRISON TERM.                                                                    

      (3)  Whoever violates division (A)(3) of this section or     3,483        

commits a violation of division (C) of this section involving any  3,484        

intoxicating liquor is guilty of illegal conveyance of             3,485        

intoxicating liquor onto the grounds of a detention facility or a  3,486        

mental health or mental retardation and developmental              3,487        

disabilities institution, a misdemeanor of the second degree.      3,488        

      (4)  Whoever violates division (D) of this section is        3,490        

guilty of illegal conveyance of cash onto the grounds of a         3,491        

detention facility, a misdemeanor of the first degree.  If the     3,492        

offender previously has been convicted of or pleaded guilty to a   3,493        

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

cash onto the grounds of a detention facility is a felony of the   3,494        

fifth degree.                                                      3,495        

      Sec. 2929.01.  As used in this chapter:                      3,510        

      (A)(1)  "Alternative residential facility" means, SUBJECT    3,513        

TO DIVISION (A)(2) OF THIS SECTION, any facility other than an     3,514        

                                                          89     

                                                                 
offender's home or residence in which an offender is assigned to   3,515        

live and that SATISFIES ALL OF THE FOLLOWING CRITERIA:             3,516        

      (a)  IT provides programs through which the offender may     3,519        

seek or maintain employment or may receive education, training,    3,520        

treatment, or habilitation.  "Alternative                          3,521        

      (b)  IT HAS RECEIVED THE APPROPRIATE LICENSE OR CERTIFICATE  3,524        

FOR ANY SPECIALIZED EDUCATION, TRAINING, TREATMENT, HABILITATION,  3,525        

OR OTHER SERVICE THAT IT PROVIDES FROM THE GOVERNMENT AGENCY THAT  3,526        

IS RESPONSIBLE FOR LICENSING OR CERTIFYING THAT TYPE OF            3,527        

EDUCATION, TRAINING, TREATMENT, HABILITATION, OR SERVICE.          3,528        

      (2)  "ALTERNATIVE residential facility" does not include a   3,532        

community-based correctional facility, jail, halfway house, or     3,533        

prison.                                                                         

      (B)  "Bad time" means the time by which the parole board     3,535        

administratively extends an offender's stated prison term or       3,536        

terms pursuant to section 2967.11 of the Revised Code because the  3,537        

parole board finds by clear and convincing evidence that the       3,538        

offender, while serving the prison term or terms, committed an     3,539        

act that is a criminal offense under the law of this state or the  3,540        

United States, whether or not the offender is prosecuted for the   3,542        

commission of that act.                                                         

      (C)  "Basic supervision" means a requirement that the        3,545        

offender maintain contact with a person appointed to supervise     3,547        

the offender in accordance with sanctions imposed by the court or  3,548        

imposed by the parole board pursuant to section 2967.28 of the     3,549        

Revised Code.                                                                   

      (D)  "Cocaine," "crack cocaine," "hashish," "L.S.D.," and    3,551        

"unit dose" have the same meanings as in section 2925.01 of the    3,552        

Revised Code.                                                                   

      (E)  "Community-based correctional facility" means a         3,555        

community-based correctional facility and program or district      3,556        

community-based correctional facility and program developed        3,557        

pursuant to sections 2301.51 to 2301.56 of the Revised Code.       3,558        

      (F)  "Community control sanction" means a sanction that is   3,561        

                                                          90     

                                                                 
not a prison term and that is described in section 2929.15,        3,562        

2929.16, 2929.17, or 2929.18 of the Revised Code.                  3,563        

      (G)  "Criminally injurious conduct" means any conduct of     3,566        

the type that is described in division (C)(1) or (2) of section    3,567        

2743.51 of the Revised Code and that occurs on or after July 1,    3,568        

1996.                                                                           

      (H)  "Controlled substance," "marihuana," "schedule I," and  3,571        

"schedule II" have the same meanings as in section 3719.01 of the  3,573        

Revised Code.                                                                   

      (I)  "Curfew" means a requirement that an offender during a  3,576        

specified period of time be at a designated place.                 3,577        

      (J)  "Day reporting" means a sanction pursuant to which an   3,580        

offender is required each day to report to and leave a center or   3,581        

other approved reporting location at specified times in order to   3,582        

participate in work, education or training, treatment, and other   3,583        

approved programs at the center or outside the center.             3,584        

      (K)  "Deadly weapon" has the same meaning as in section      3,587        

2923.11 of the Revised Code.                                       3,588        

      (L)  "Drug and alcohol use monitoring" means a program       3,591        

under which an offender agrees to submit to random chemical        3,592        

analysis of the offender's blood, breath, or urine to determine    3,593        

whether the offender has ingested any alcohol or other drugs.      3,594        

      (M)  "Drug treatment program" means any program under which  3,597        

a person undergoes assessment and treatment designed to reduce or  3,599        

completely eliminate the person's physical or emotional reliance                

upon alcohol, another drug, or alcohol and another drug and under  3,600        

which the person may be required to receive assessment and         3,602        

treatment on an outpatient basis or may be required to reside at   3,603        

a facility other than the person's home or residence while                      

undergoing assessment and treatment.                               3,604        

      (N)  "Economic loss" means any economic detriment suffered   3,607        

by a victim as a result of criminally injurious conduct and        3,608        

includes any loss of income due to lost time at work because of    3,609        

any injury caused to the victim, and any property loss, medical    3,610        

                                                          91     

                                                                 
cost, or funeral expense incurred as a result of the criminally    3,611        

injurious conduct.                                                              

      (O)  "Education or training" includes study at, or in        3,614        

conjunction with a program offered by, a university, college, or   3,615        

technical college or vocational study and also includes the        3,616        

completion of primary school, secondary school, and literacy       3,617        

curriculums or their equivalent.                                                

      (P)  "Electronically monitored house arrest" has the same    3,620        

meaning as in section 2929.23 of the Revised Code.                 3,621        

      (Q)  "Eligible offender" has the same meaning as in section  3,624        

2929.23 of the Revised Code except as otherwise specified in       3,625        

section 2929.20 of the Revised Code.                               3,626        

      (R)  "Firearm" has the same meaning as in section 2923.11    3,629        

of the Revised Code.                                                            

      (S)  "Halfway house" means a facility licensed by the        3,632        

division of parole and community services of the department of                  

rehabilitation and correction pursuant to section 2967.14 of the   3,634        

Revised Code as a suitable facility for the care and treatment of  3,635        

adult offenders.                                                                

      (T)  "House arrest" means a period of confinement of an      3,637        

eligible offender that is in the eligible offender's home or in    3,638        

other premises specified by the sentencing court or by the parole  3,639        

board pursuant to section 2967.28 of the Revised Code, that may    3,640        

be electronically monitored house arrest, and during which all of  3,641        

the following apply:                                               3,642        

      (1)  The eligible offender is required to remain in the      3,644        

eligible offender's home or other specified premises for the       3,646        

specified period of confinement, except for periods of time        3,647        

during which the eligible offender is at the eligible offender's   3,648        

place of employment or at other premises as authorized by the      3,650        

sentencing court or by the parole board.                                        

      (2)  The eligible offender is required to report             3,653        

periodically to a person designated by the court or parole board.  3,654        

      (3)  The eligible offender is subject to any other           3,656        

                                                          92     

                                                                 
restrictions and requirements that may be imposed by the           3,657        

sentencing court or by the parole board.                           3,658        

      (U)  "Intensive supervision" means a requirement that an     3,662        

offender maintain frequent contact with a person appointed by the  3,663        

court, or by the parole board pursuant to section 2967.28 of the   3,664        

Revised Code, to supervise the offender while the offender is      3,665        

seeking or maintaining necessary employment and participating in   3,666        

training, education, and treatment programs as required in the     3,667        

court's or parole board's order.                                                

      (V)  "Jail" means a jail, workhouse, minimum security jail,  3,670        

or other residential facility used for the confinement of alleged  3,671        

or convicted offenders that is operated by a political             3,672        

subdivision or a combination of political subdivisions of this     3,673        

state.                                                                          

      (W)  "Delinquent child" has the same meaning as in section   3,675        

2151.02 of the Revised Code.                                       3,676        

      (X)  "License violation report" means a report that is made  3,679        

by a sentencing court, or by the parole board pursuant to section  3,680        

2967.28 of the Revised Code, to the regulatory or licensing board  3,682        

or agency that issued an offender a professional license or a      3,683        

license or permit to do business in this state and that specifies  3,684        

that the offender has been convicted of or pleaded guilty to an    3,685        

offense that may violate the conditions under which the            3,686        

offender's professional license or license or permit to do         3,687        

business in this state was granted or an offense for which the     3,688        

offender's professional license or license or permit to do                      

business in this state may be revoked or suspended.                3,689        

      (Y)  "Major drug offender" means an offender who is          3,692        

convicted of or pleads guilty to the possession of, sale of, or    3,693        

offer to sell any drug, compound, mixture, preparation, or         3,694        

substance that consists of or contains at least one thousand       3,695        

grams of hashish; at least one hundred grams of crack cocaine; at  3,696        

least one thousand grams of cocaine that is not crack cocaine; at  3,697        

least two hundred fifty grams of heroin; at least five thousand    3,698        

                                                          93     

                                                                 
unit doses of L.S.D.; or at least one hundred times the amount of  3,700        

any other schedule I or II controlled substance other than         3,701        

marihuana that is necessary to commit a felony of the third        3,702        

degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or  3,703        

2925.11 of the Revised Code that is based on the possession of,    3,704        

sale of, or offer to sell the controlled substance.                3,705        

      (Z)  "Mandatory prison term" means either ANY of the         3,707        

following:                                                                      

      (1)  Subject to division (CC)(Z)(2) of this section, the     3,710        

term in prison that must be imposed for the offenses or            3,711        

circumstances set forth in divisions (F)(1) to (8) OR (F)(10) of   3,713        

section 2929.13 and division (D) of section 2929.14 of the         3,714        

Revised Code.  Except as provided in sections 2925.02, 2925.03,    3,716        

2925.04, 2925.05, and 2925.11 of the Revised Code, unless the      3,717        

maximum or another specific term is required under section         3,718        

2929.14 of the Revised Code, a mandatory prison term described in  3,719        

this division may be any prison term authorized for the level of   3,720        

offense.                                                                        

      (2)  The term of sixty days in prison that a sentencing      3,723        

court is required to impose for a fourth degree felony OMVI        3,724        

offense pursuant to division (G)(2) of section 2929.13 and         3,725        

division (A)(4) of section 4511.99 of the Revised Code.            3,726        

      (2)(3)  The term in prison imposed pursuant to section       3,728        

2971.03 of the Revised Code FOR THE OFFENSES AND IN THE            3,729        

CIRCUMSTANCES DESCRIBED IN DIVISION (F)(9) OF SECTION 2929.13 OF   3,730        

THE REVISED CODE and that term as modified or terminated pursuant  3,731        

to section 2971.05 of the Revised Code.                            3,732        

      (AA)  "Monitored time" means a period of time during which   3,735        

an offender continues to be under the control of the sentencing    3,736        

court or parole board, subject to no conditions other than         3,737        

leading a law abiding life.                                                     

      (BB)  "Offender" means a person who, in this state, is       3,740        

convicted of or pleads guilty to a felony or a misdemeanor.        3,741        

      (CC)  "Prison" means a residential facility used for the     3,744        

                                                          94     

                                                                 
confinement of convicted felony offenders that is under the        3,745        

control of the department of rehabilitation and correction BUT     3,746        

DOES NOT INCLUDE A VIOLATION SANCTION CENTER OPERATED UNDER                     

AUTHORITY OF SECTION 2967.141 OF THE REVISED CODE.                 3,747        

      (DD)  "Prison term" includes any of the following sanctions  3,750        

for an offender:                                                                

      (1)  A stated prison term;                                   3,752        

      (2)  A term in a prison shortened by, or with the approval   3,755        

of, the sentencing court pursuant to section 2929.20, 2967.26,     3,756        

2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code;      3,757        

      (3)  A term in prison extended by bad time imposed pursuant  3,760        

to section 2967.11 of the Revised Code or imposed for a violation  3,761        

of post-release control pursuant to section 2967.28 of the         3,762        

Revised Code.                                                                   

      (EE)  "Repeat violent offender" means a person about whom    3,765        

both of the following apply:                                                    

      (1)  The person has been convicted of or has pleaded guilty  3,768        

to, and is being sentenced for committing, for complicity in       3,769        

committing, or for an attempt to commit, aggravated murder,                     

murder, involuntary manslaughter, a felony of the first degree     3,770        

other than one set forth in Chapter 2925. of the Revised Code, a   3,774        

felony of the first degree set forth in Chapter 2925. of the       3,776        

Revised Code that involved an attempt to cause serious physical    3,778        

harm to a person or that resulted in serious physical harm to a    3,779        

person, or a felony of the second degree that involved an attempt  3,780        

to cause serious physical harm to a person or that resulted in     3,782        

serious physical harm to a person.                                              

      (2)  Either of the following applies:                        3,784        

      (a)  The person previously was convicted of or pleaded       3,786        

guilty to, and served a prison term for, any of the following:     3,787        

      (i)  Aggravated murder, murder, involuntary manslaughter,    3,789        

rape, felonious sexual penetration in violation of former section  3,790        

2907.12 of the Revised Code AS IT EXISTED PRIOR TO SEPTEMBER 3,    3,792        

1996, a felony of the first or second degree that resulted in the  3,793        

                                                          95     

                                                                 
death of a person or in physical harm to a person, or complicity   3,794        

in or an attempt to commit any of those offenses;                  3,795        

      (ii)  An offense under an existing or former law of this     3,798        

state, another state, or the United States that is or was          3,800        

substantially equivalent to an offense listed under division       3,801        

(EE)(2)(a)(i) of this section.                                     3,803        

      (b)  The person previously was adjudicated a delinquent      3,805        

child for committing an act that if committed by an adult would    3,806        

have been an offense listed in division (EE)(2)(a)(i) or (ii) of   3,808        

this section, the person was committed to the department of youth  3,809        

services for that delinquent act, and the juvenile court in which  3,810        

the person was adjudicated a delinquent child made a specific      3,811        

finding that the adjudication should be considered a conviction    3,813        

for purposes of a determination in the future pursuant to this                  

chapter as to whether the person is a repeat violent offender.     3,814        

      (FF)  "Sanction" means any penalty imposed upon an offender  3,817        

who is convicted of or pleads guilty to an offense, as punishment  3,818        

for the offense.  "Sanction" includes any sanction imposed         3,819        

pursuant to any provision of sections 2929.14 to 2929.18 of the    3,820        

Revised Code.                                                                   

      (GG)  "Sentence" means the sanction or combination of        3,823        

sanctions imposed by the sentencing court on an offender who is    3,824        

convicted of or pleads guilty to a felony.                                      

      (HH)  "Stated prison term" means the prison term, mandatory  3,827        

prison term, or combination of all prison terms and mandatory      3,828        

prison terms imposed by the sentencing court pursuant to section   3,829        

2929.14 or 2971.03 of the Revised Code.  "Stated prison term"      3,830        

includes any credit received by the offender for time spent in     3,831        

jail awaiting trial, sentencing, or transfer to prison for the     3,832        

offense, AND any time spent under house arrest or electronically   3,833        

monitored house arrest imposed after earning credits pursuant to   3,834        

section 2967.193 of the Revised Code.                              3,835        

      (II)  "Victim-offender mediation" means a reconciliation or  3,838        

mediation program that involves an offender and the victim of the  3,839        

                                                          96     

                                                                 
offense committed by the offender and that includes a meeting in   3,840        

which the offender and the victim may discuss the offense,         3,841        

discuss restitution, and consider other sanctions for the          3,842        

offense.                                                                        

      (OO)(JJ)  "Fourth degree felony OMVI offense" means a        3,845        

violation of division (A) of section 4511.19 of the Revised Code   3,847        

that, under section 4511.99 of the Revised Code, is a felony of    3,849        

the fourth degree.                                                              

      (PP)(KK)  "Mandatory term of local incarceration" means the  3,852        

term of sixty days in a jail, a community-based correctional       3,853        

facility, a halfway house, or an alternative residential facility  3,854        

that a sentencing court is required to impose upon a person who    3,855        

is convicted of or pleads guilty to a fourth degree felony OMVI    3,856        

offense pursuant to division (G)(1) of section 2929.13 of the      3,857        

Revised Code and division (A)(4) of section 4511.99 of the                      

Revised Code.                                                      3,858        

      (OO)(LL)  "Designated homicide, assault, or kidnapping       3,860        

offense," "sexual motivation specification," "sexually violent     3,861        

offense," "sexually violent predator," and "sexually violent       3,862        

predator specification" have the same meanings as in section       3,863        

2971.01 of the Revised Code.                                                    

      (PP)(MM)  "Habitual sex offender," "sexually oriented        3,865        

offense," and "sexual predator" have the same meanings as in       3,866        

section 2950.01 of the Revised Code.                               3,867        

      Sec. 2929.13.  (A)  Except as provided in division (E),      3,882        

(F), or (G) of this section and unless a specific sanction is      3,883        

required to be imposed or is precluded from being imposed          3,884        

pursuant to law, a court that imposes a sentence upon an offender  3,885        

for a felony may impose any sanction or combination of sanctions   3,886        

on the offender that are provided in sections 2929.14 to 2929.18   3,887        

of the Revised Code.  The sentence shall not impose an             3,888        

unnecessary burden on state or local government resources.         3,889        

      If the offender is eligible to be sentenced to community     3,891        

control sanctions, the court shall consider the appropriateness    3,893        

                                                          97     

                                                                 
of imposing a financial sanction pursuant to section 2929.18 of    3,894        

the Revised Code or a sanction of community service pursuant to    3,896        

section 2929.17 of the Revised Code as the sole sanction for the   3,897        

offense.  Except as otherwise provided in this division, if the    3,898        

court is required to impose a mandatory prison term for the        3,899        

offense for which sentence is being imposed, the court also may    3,900        

impose a financial sanction pursuant to section 2929.18 of the     3,901        

Revised Code but may not impose any additional sanction or         3,902        

combination of sanctions under section 2929.16 or 2929.17 of the   3,903        

Revised Code.                                                      3,904        

      If the offender is being sentenced for a fourth degree       3,906        

felony OMVI offense, in addition to the mandatory term of local    3,907        

incarceration or the mandatory prison term required for the        3,909        

offense by division (G)(1) or (2) of this section, the court       3,911        

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    3,914        

may impose whichever of the following is applicable:                            

      (1)  If division (G)(1) of this section requires that the    3,916        

offender be sentenced to a mandatory term of local incarceration,  3,917        

an additional community control sanction or combination of         3,919        

community control sanctions under section 2929.16 or 2929.17 of    3,920        

the Revised Code;                                                  3,921        

      (2)  If division (G)(2) of this section requires that the    3,923        

offender be sentenced to a mandatory prison term, an additional    3,924        

prison term as described in division (D)(4) of section 2929.14 of  3,925        

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  3,928        

(G) of this section, in sentencing an offender for a felony of     3,929        

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                3,931        

      (a)  In committing the offense, the offender caused          3,933        

physical harm to a person.                                         3,934        

      (b)  In committing the offense, the offender attempted to    3,937        

cause or made an actual threat of physical harm to a person with   3,938        

                                                          98     

                                                                 
a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    3,941        

cause or made an actual threat of physical harm to a person, and   3,942        

the offender previously was convicted of an offense that caused    3,943        

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  3,946        

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    3,947        

or to bring those committing it to justice; or the offender's      3,948        

professional reputation or position facilitated the offense or     3,949        

was likely to influence the future conduct of others.              3,950        

      (e)  The offender committed the offense for hire or as part  3,952        

of an organized criminal activity.                                 3,953        

      (f)  The offense is a sex offense that is a fourth or fifth  3,956        

degree felony violation of section 2907.03, 2907.04, 2907.05,      3,957        

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  3,958        

Revised Code.                                                                   

      (g)  The offender previously served a prison term.           3,960        

      (h)  The offender previously was subject to a community      3,962        

control sanction, and the offender committed another offense       3,964        

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   3,967        

(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section   3,968        

and if the court, after considering the factors set forth in       3,969        

section 2929.12 of the Revised Code, finds that a prison term is   3,971        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    3,973        

offender is not amenable to an available community control         3,974        

sanction, the court shall impose a prison term upon the offender.  3,975        

      (b)  Except as provided in division (E), (F), or (G) of      3,977        

this section, if the court does not make a finding described in    3,979        

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   3,980        

section and if the court, after considering the factors set forth  3,981        

in section 2929.12 of the Revised Code, finds that a community     3,983        

                                                          99     

                                                                 
control sanction or combination of community control sanctions is  3,985        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      3,988        

impose a community control sanction or combination of community    3,989        

control sanctions upon the offender.                               3,990        

      (C)  Except as provided in division (E) or (F) of this       3,993        

section, in determining whether to impose a prison term as a       3,994        

sanction for a felony of the third degree or a felony drug         3,995        

offense that is a violation of a provision of Chapter 2925. of     3,997        

the Revised Code and that is specified as being subject to this    4,000        

division for purposes of sentencing, the sentencing court shall    4,001        

comply with the purposes and principles of sentencing under        4,002        

section 2929.11 of the Revised Code and with section 2929.12 of    4,005        

the Revised Code.                                                               

      (D)  Except as provided in division (E) or (F) of this       4,008        

section, for a felony of the first or second degree and for a      4,009        

felony drug offense that is a violation of any provision of        4,010        

Chapter 2925., 3719., or 4729. of the Revised Code for which a     4,011        

presumption in favor of a prison term is specified as being        4,012        

applicable, it is presumed that a prison term is necessary in      4,013        

order to comply with the purposes and principles of sentencing     4,014        

under section 2929.11 of the Revised Code.  Notwithstanding the    4,015        

presumption established under this division, the sentencing court  4,016        

may impose a community control sanction or a combination of        4,017        

community control sanctions instead of a prison term on an         4,018        

offender for a felony of the first or second degree or for a       4,019        

felony drug offense that is a violation of any provision of        4,020        

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        4,021        

applicable if it makes both of the following findings:             4,023        

      (1)  A community control sanction or a combination of        4,025        

community control sanctions would adequately punish the offender   4,027        

and protect the public from future crime, because the applicable   4,028        

factors under section 2929.12 of the Revised Code indicating a     4,030        

                                                          100    

                                                                 
lesser likelihood of recidivism outweigh the applicable factors    4,032        

under that section indicating a greater likelihood of recidivism.  4,034        

      (2)  A community control sanction or a combination of        4,036        

community control sanctions would not demean the seriousness of    4,038        

the offense, because one or more factors under section 2929.12 of  4,039        

the Revised Code that indicate that the offender's conduct was     4,040        

less serious than conduct normally constituting the offense are    4,041        

applicable, and they outweigh the applicable factors under that    4,042        

section that indicate that the offender's conduct was more         4,043        

serious than conduct normally constituting the offense.            4,044        

      (E)(1)  Except as provided in division (F) of this section,  4,047        

for any drug offense that is a violation of any provision of       4,048        

Chapter 2925. of the Revised Code and that is a felony of the      4,049        

third, fourth, or fifth degree, the applicability of a             4,050        

presumption under division (D) of this section in favor of a       4,051        

prison term or of division (B) or (C) of this section in           4,052        

determining whether to impose a prison term for the offense shall  4,054        

be determined as specified in section 2925.02, 2925.03, 2925.04,   4,055        

2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or  4,056        

2925.37 of the Revised Code, whichever is applicable regarding     4,058        

the violation.                                                                  

      (2)  If an offender who was convicted of or pleaded guilty   4,060        

to a felony drug offense in violation of a provision of Chapter    4,061        

2925., 3719., or 4729. of the Revised Code violates the            4,062        

conditions of a community control sanction imposed for the         4,063        

offense solely by possession or using a controlled substance and   4,064        

if the offender has not failed to meet the conditions of any drug  4,065        

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           4,066        

punishment for the violation of the sanction, shall order that     4,067        

the offender participate in a drug treatment program or in         4,068        

alcoholics anonymous, narcotics anonymous, or a similar program    4,069        

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      4,070        

                                                          101    

                                                                 
forth in section 2929.11 of the Revised Code.  If the court        4,071        

determines that an order of that nature would not be consistent    4,072        

with those purposes and principles or if the offender violated     4,073        

the conditions of a drug treatment program in which the offender   4,074        

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     4,075        

sanction, including a prison term.                                 4,076        

      (F)  Notwithstanding divisions (A) to (E) of this section,   4,079        

the court shall impose a prison term or terms under sections       4,080        

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     4,081        

Revised Code and except as specifically provided in section        4,082        

2929.20 of the Revised Code or when parole is authorized for the   4,083        

offense under section 2967.13 of the Revised Code, shall not       4,084        

reduce the terms pursuant to section 2929.20, section 2967.193,    4,085        

or any other provision of Chapter 2967. or Chapter 5120. of the    4,087        

Revised Code for any of the following offenses:                    4,088        

      (1)  Aggravated murder when death is not imposed or murder;  4,090        

      (2)  Rape or an attempt to commit rape by force when the     4,092        

victim is under thirteen years of age;                             4,093        

      (3)  Gross sexual imposition or sexual battery, if the       4,095        

victim is under thirteen years of age, if the offender previously  4,097        

was convicted of or pleaded guilty to rape, felonious sexual       4,098        

penetration, gross sexual imposition, or sexual battery, and if    4,100        

the victim of the previous offense was under thirteen years of                  

age;                                                                            

      (4)  A felony violation of section 2903.06, 2903.07, or      4,103        

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       4,104        

      (5)  A first, second, or third degree felony drug offense    4,107        

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  4,108        

4729.99 of the Revised Code, whichever is applicable regarding     4,110        

the violation, requires the imposition of a mandatory prison       4,111        

term;                                                                           

                                                          102    

                                                                 
      (6)  Any offense that is a first or second degree felony     4,113        

and that is not set forth in division (F)(1), (2), (3), or (4) of  4,115        

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   4,117        

degree felony, or an offense under an existing or former law of    4,118        

this state, another state, or the United States that is or was     4,119        

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  4,121        

of the Revised Code, that is a felony, if the offender had a       4,122        

firearm on or about the offender's person or under the offender's  4,123        

control while committing the felony, with respect to a portion of  4,124        

the sentence imposed pursuant to division (D)(1)(a) of section     4,126        

2929.14 of the Revised Code for having the firearm;                             

      (8)  Corrupt activity in violation of section 2923.32 of     4,128        

the Revised Code when the most serious offense in the pattern of   4,130        

corrupt activity that is the basis of the offense is a felony of   4,131        

the first degree;                                                               

      (9)  Any sexually violent offense for which the offender     4,133        

also is convicted of or pleads guilty to a sexually violent        4,134        

predator specification that was included in the indictment, count  4,135        

in the indictment, or information charging the sexually violent    4,136        

offense;                                                                        

      (10)  A VIOLATION OF DIVISION (A)(1) OR (2) OF SECTION       4,138        

2921.36 OF THE REVISED CODE, OR A VIOLATION OF DIVISION (C) OF     4,139        

THAT SECTION INVOLVING AN ITEM LISTED IN DIVISION (A)(1) OR (2)    4,140        

OF THAT SECTION, IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE  4,141        

DEPARTMENT OF REHABILITATION AND CORRECTION.                       4,142        

      (G)  Notwithstanding divisions (A) to (E) of this section,   4,145        

if an offender is being sentenced for a fourth degree felony OMVI  4,146        

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          4,147        

accordance with the following:                                     4,148        

      (1)  Except as provided in division (G)(2) of this section,  4,150        

the court shall impose upon the offender a mandatory term of       4,151        

                                                          103    

                                                                 
local incarceration of sixty days as specified in division (A)(4)  4,152        

of section 4511.99 of the Revised Code and shall not reduce the    4,153        

term pursuant to section 2929.20, 2967.193, or any other           4,154        

provision of the Revised Code.  The court that imposes a           4,155        

mandatory term of local incarceration under this division shall    4,157        

specify whether the term is to be served in a jail, a              4,158        

community-based correctional facility, a halfway house, or an      4,159        

alternative residential facility, and the offender shall serve     4,160        

the term in the type of facility specified by the court.  The      4,161        

court shall not sentence the offender to a prison term and shall   4,162        

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          4,163        

incarceration imposed under division (G)(1) of this section is     4,164        

not subject to extension under section 2967.11 of the Revised      4,165        

Code, to a period of post-release control under section 2967.28    4,166        

of the Revised Code, or to any other Revised Code provision that   4,167        

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      4,169        

mandatory term of local incarceration pursuant to division (G)(1)  4,170        

of this section for a fourth degree felony OMVI offense, the       4,171        

court shall impose upon the offender a mandatory prison term of    4,172        

sixty days as specified in division (A)(4) of section 4511.99 of   4,173        

the Revised Code and shall not reduce the term pursuant to         4,174        

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    4,175        

to a mandatory term of local incarceration pursuant to division    4,176        

(G)(1) of this section for a fourth degree felony OMVI offense be  4,177        

sentenced to another mandatory term of local incarceration under   4,178        

that division for a fourth degree felony OMVI offense.  The court  4,179        

shall not sentence the offender to a community control sanction    4,180        

under section 2929.16 or 2929.17 of the Revised Code.  The         4,181        

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     4,182        

intensive program prison established pursuant to section 5120.033  4,183        

                                                          104    

                                                                 
of the Revised Code if the department gave the sentencing judge    4,184        

prior notice of its intent to place the offender in an intensive   4,185        

program prison established under that section and if the judge     4,186        

did not notify the department that the judge disapproved the       4,187        

placement.                                                                      

      (G)(H)  If an offender is being sentenced for a sexually     4,190        

oriented offense committed on or after the effective date of this  4,191        

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   4,192        

the Revised Code if either of the following applies:               4,194        

      (1)  The offense was a sexually violent offense, and the     4,196        

offender also was convicted of or pleaded guilty to a sexually     4,197        

violent predator specification that was included in the            4,198        

indictment, count in the indictment, or information charging the   4,199        

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   4,201        

offense determines pursuant to division (B) of section 2950.09 of  4,202        

the Revised Code that the offender is a sexual predator.           4,203        

      (H)(I)  If an offender is being sentenced for a sexually     4,206        

oriented offense committed on or after the effective date of this  4,207        

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     4,208        

the Revised Code, the offender's duty to provide notice of a       4,209        

change in residence address and register the new residence         4,210        

address pursuant to section 2950.05 of the Revised Code, the       4,211        

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       4,212        

Code, and the duration of the duties.  The judge shall inform the  4,213        

offender, at the time of sentencing, of those duties and of their  4,214        

duration and, if required under division (A)(2) of section         4,215        

2950.03 of the Revised Code, shall perform the duties specified    4,216        

in that section.                                                   4,217        

      Sec. 2929.14.  (A)  Except as provided in division (C),      4,236        

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       4,237        

                                                          105    

                                                                 
relation to an offense for which a sentence of death or life       4,238        

imprisonment is to be imposed, if the court imposing a sentence    4,239        

upon an offender for a felony elects or is required to impose a    4,240        

prison term on the offender pursuant to this chapter and is not    4,241        

prohibited by division (G)(1) of section 2929.13 of the Revised    4,242        

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  4,244        

      (1)  For a felony of the first degree, the prison term       4,246        

shall be three, four, five, six, seven, eight, nine, or ten        4,247        

years.                                                             4,248        

      (2)  For a felony of the second degree, the prison term      4,250        

shall be two, three, four, five, six, seven, or eight years.       4,251        

      (3)  For a felony of the third degree, the prison term       4,253        

shall be one, two, three, four, or five years.                     4,254        

      (4)  For a felony of the fourth degree, the prison term      4,256        

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   4,257        

fourteen, fifteen, sixteen, seventeen, or eighteen months.         4,258        

      (5)  For a felony of the fifth degree, the prison term       4,260        

shall be six, seven, eight, nine, ten, eleven, or twelve months.   4,262        

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  4,265        

(G) of this section or in Chapter 2925. of the Revised Code, if    4,266        

the court imposing a sentence upon an offender for a felony        4,267        

elects or is required to impose a prison term on the offender and  4,268        

if the offender previously has not served a prison term, the       4,269        

court shall impose the shortest prison term authorized for the     4,270        

offense pursuant to division (A) of this section, unless the       4,271        

court finds on the record that the shortest prison term will       4,272        

demean the seriousness of the offender's conduct or will not       4,273        

adequately protect the public from future crime by the offender    4,274        

or others.                                                         4,275        

      (C)  Except as provided in division (G) of this section or   4,277        

in Chapter 2925. of the Revised Code, the court imposing a         4,278        

sentence upon an offender for a felony may impose the longest      4,279        

prison term authorized for the offense pursuant to division (A)    4,280        

                                                          106    

                                                                 
of this section only upon offenders who committed the worst forms  4,281        

of the offense, upon offenders who pose the greatest likelihood    4,282        

of committing future crimes, upon certain major drug offenders     4,283        

under division (D)(3) of this section, and upon certain repeat     4,284        

violent offenders in accordance with division (D)(2) of this       4,286        

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    4,288        

this section, if an offender who is convicted of or pleads guilty  4,289        

to a felony also is convicted of or pleads guilty to a             4,290        

specification of the type described in section 2941.144 of the     4,291        

Revised Code that charges the offender with having a firearm that  4,293        

is an automatic firearm or that was equipped with a firearm        4,294        

muffler or silencer on or about the offender's person or under     4,296        

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     4,297        

Revised Code that charges the offender with having a firearm on    4,298        

or about the offender's person or under the offender's control     4,299        

while committing the offense and displaying the firearm,           4,301        

brandishing the firearm, indicating that the offender possessed    4,302        

the firearm, or using it to facilitate the offense, or a           4,304        

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    4,306        

or about the offender's person or under the offender's control     4,307        

while committing the felony, the court, after imposing a prison    4,308        

term on the offender for the felony under division (A), (D)(2),    4,310        

or (D)(3) of this section, shall impose an additional prison       4,311        

term, determined pursuant to this division, that shall not be      4,312        

reduced pursuant to section 2929.20, section 2967.193, or any      4,313        

other provision of Chapter 2967. or Chapter 5120. of the Revised   4,314        

Code.  If the specification is of the type described in section    4,316        

2941.144 of the Revised Code, the additional prison term shall be  4,317        

six years.  If the specification is of the type described in       4,319        

section 2941.145 of the Revised Code, the additional prison term   4,321        

shall be three years.  If the specification is of the type         4,322        

                                                          107    

                                                                 
described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      4,324        

than one additional prison term on an offender under this          4,325        

division for felonies committed as part of the same act or         4,326        

transaction.  If a court imposes an additional prison term under   4,327        

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       4,328        

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       4,331        

section, if an offender who is convicted of or pleads guilty to a  4,332        

violation of section 2923.161 of the Revised Code or to a felony   4,334        

that includes, as an essential element, purposely or knowingly     4,335        

causing or attempting to cause the death of or physical harm to    4,336        

another, also is convicted of or pleads guilty to a specification  4,337        

of the type described in section 2941.146 of the Revised Code      4,340        

that charges the offender with committing the offense by           4,341        

discharging a firearm from a motor vehicle, as defined in section  4,342        

4501.01 of the Revised Code, other than a manufactured home, as    4,345        

defined in section 4501.01 of the Revised Code, the court, after   4,347        

imposing a prison term on the offender for the violation of        4,348        

section 2923.161 of the Revised Code or for the other felony       4,350        

offense under division (A), (D)(2), or (D)(3) of this section,     4,351        

shall impose an additional prison term of five years upon the      4,352        

offender that shall not be reduced pursuant to section 2929.20,    4,353        

section 2967.193, or any other provision of Chapter 2967. or       4,354        

Chapter 5120. of the Revised Code.  A court shall not impose more  4,356        

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         4,358        

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     4,359        

also shall impose an additional prison term under division         4,360        

(D)(1)(a)(i) of this section relative to the same offense,         4,361        

provided the criteria specified in that division for imposing an   4,362        

additional prison term are satisfied relative to the offender and  4,363        

                                                          108    

                                                                 
the offense.                                                                    

      (b)  The court shall not impose any of the additional        4,365        

prison terms described in division (D)(1)(a) of this section upon  4,368        

an offender for a violation of section 2923.12 of the Revised      4,369        

Code.  The court shall not impose any of the additional prison     4,370        

terms described in that division upon an offender for a violation  4,371        

of section 2923.13 of the Revised Code unless all of the           4,372        

following apply:                                                                

      (i)  The offender previously has been convicted of           4,375        

aggravated murder, murder, or any felony of the first or second    4,376        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    4,379        

was released from prison or post-release control, whichever is     4,380        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  4,383        

to a felony also is convicted of or pleads guilty to a             4,384        

specification of the type described in section 2941.149 of the     4,385        

Revised Code that the offender is a repeat violent offender, the   4,387        

court shall impose a prison term from the range of terms           4,388        

authorized for the offense under division (A) of this section      4,389        

that may be the longest term in the range and that shall not be    4,390        

reduced pursuant to section 2929.20, section 2967.193, or any      4,392        

other provision of Chapter 2967. or Chapter 5120. of the Revised   4,393        

Code.  If the court finds that the repeat violent offender, in     4,395        

committing the offense, caused any physical harm that carried a    4,396        

substantial risk of death to a person or that involved             4,397        

substantial permanent incapacity or substantial permanent          4,398        

disfigurement of a person, the court shall impose the longest      4,399        

prison term from the range of terms authorized for the offense     4,401        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         4,404        

violent offender imposes the longest prison term from the range    4,405        

of terms authorized for the offense under division (A) of this     4,406        

section, the court may impose on the offender an additional        4,407        

                                                          109    

                                                                 
definite prison term of one, two, three, four, five, six, seven,   4,408        

eight, nine, or ten years if the court finds that both of the      4,409        

following apply with respect to the prison terms imposed on the    4,410        

offender pursuant to division (D)(2)(a) of this section and, if    4,411        

applicable, divisions (D)(1) and (3) of this section:              4,412        

      (i)  The terms so imposed are inadequate to punish the       4,415        

offender and protect the public from future crime, because the     4,416        

applicable factors under section 2929.12 of the Revised Code       4,419        

indicating a greater likelihood of recidivism outweigh the         4,421        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          4,422        

      (ii)  The terms so imposed are demeaning to the seriousness  4,425        

of the offense, because one or more of the factors under section   4,426        

2929.12 of the Revised Code indicating that the offender's         4,427        

conduct is more serious than conduct normally constituting the     4,428        

offense are present, and they outweigh the applicable factors      4,429        

under that section indicating that the offender's conduct is less  4,431        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       4,434        

section 2903.01 or 2907.02 of the Revised Code and the penalty     4,435        

imposed for the violation is life imprisonment or commits a        4,436        

violation of section 2903.02 of the Revised Code, if the offender  4,437        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     4,438        

the Revised Code and that section requires the imposition of a     4,440        

ten-year prison term on the offender or if a court imposing a      4,441        

sentence upon an offender for a felony finds that the offender is  4,442        

guilty of a specification of the type described in section         4,443        

2941.1410 of the Revised Code, that the offender is a major drug   4,444        

offender, is guilty of corrupt activity with the most serious      4,445        

offense in the pattern of corrupt activity being a felony of the   4,446        

first degree, or is guilty of an attempted forcible violation of   4,447        

section 2907.02 of the Revised Code with the victim being under    4,448        

thirteen years of age and that attempted violation is the felony   4,449        

for which sentence is being imposed, the court shall impose upon   4,450        

                                                          110    

                                                                 
the offender for the felony violation a ten-year prison term that  4,451        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  4,453        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   4,456        

division (D)(3)(a) of this section may impose an additional        4,457        

prison term of one, two, three, four, five, six, seven, eight,     4,458        

nine, or ten years, if the court, with respect to the term         4,459        

imposed under division (D)(3)(a) of this section and, if           4,460        

applicable, divisions (D)(1) and (2) of this section, makes both   4,462        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    4,463        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  4,465        

felony OMVI offense and if division (G)(2) of section 2929.13 of   4,467        

the Revised Code requires the sentencing court to impose upon the  4,468        

offender a mandatory prison term, the sentencing court shall       4,469        

impose upon the offender a mandatory prison term in accordance     4,470        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    4,471        

prison term of any duration specified in division (A)(4) of this   4,472        

section minus the sixty days imposed upon the offender as the      4,473        

mandatory prison term.  The total of the additional prison term    4,474        

imposed under division (D)(4) of this section plus the sixty days  4,475        

imposed as the mandatory prison term shall equal one of the        4,476        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     4,477        

division (D)(4) of this section, the offender shall serve the      4,478        

additional prison term after the offender has served the           4,479        

mandatory prison term required for the offense.  The court shall   4,480        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    4,481        

      (E)(1)  If a mandatory prison term is imposed upon an        4,484        

offender pursuant to division (D)(1)(a) of this section for        4,485        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     4,487        

                                                          111    

                                                                 
prison term is imposed upon an offender pursuant to division       4,488        

(D)(1)(b) of this section for committing a felony specified in     4,489        

that division by discharging a firearm from a motor vehicle, the   4,490        

offender shall serve the mandatory prison term consecutively to    4,491        

and prior to the prison term imposed for the underlying felony     4,492        

pursuant to division (A), (D)(2), or (D)(3) of this section or     4,493        

any other section of the Revised Code and consecutively to any     4,494        

other prison term or mandatory prison term previously or           4,496        

subsequently imposed upon the offender.                            4,497        

      (2)  If an offender who is an inmate in a jail, prison, or   4,500        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   4,502        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        4,503        

offender who is an inmate in a jail, prison, or other residential  4,504        

detention facility or is under detention at a detention facility   4,505        

commits another felony while the offender is an escapee in         4,507        

violation of section 2921.34 of the Revised Code, any prison term  4,509        

imposed upon the offender for one of those violations shall be     4,510        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         4,512        

committed that offense and to any other prison term previously or  4,513        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       4,514        

meanings as in section 2921.01 of the Revised Code.                4,515        

      (3)  If a prison term is imposed for a violation of          4,517        

division (B) of section 2911.01 of the Revised Code, the offender  4,518        

shall serve that prison term consecutively to any other prison     4,519        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     4,521        

for convictions of multiple offenses, the court may require the    4,522        

offender to serve the prison terms consecutively if the court      4,523        

finds that the consecutive service is necessary to protect the     4,524        

public from future crime or to punish the offender and that        4,525        

                                                          112    

                                                                 
consecutive sentences are not disproportionate to the seriousness  4,526        

of the offender's conduct and to the danger the offender poses to  4,528        

the public, and if the court also finds any of the following:      4,529        

      (a)  The offender committed the multiple offenses while the  4,532        

offender was awaiting trial or sentencing, was under a sanction    4,533        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    4,534        

Revised Code, or was under post-release control for a prior        4,535        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   4,538        

or unusual that no single prison term for any of the offenses      4,539        

committed as part of a single course of conduct adequately         4,540        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              4,542        

demonstrates that consecutive sentences are necessary to protect   4,543        

the public from future crime by the offender.                      4,544        

      (5)  When consecutive prison terms are imposed pursuant to   4,547        

division (E)(1), (2), (3), or (4) of this section, the term to be  4,548        

served is the aggregate of all of the terms so imposed.                         

      (F)  If a court imposes a prison term of a type described    4,551        

in division (B) of section 2967.28 of the Revised Code, it shall   4,552        

include in the sentence a requirement that the offender be         4,553        

subject to a period of post-release control after the offender's   4,554        

release from imprisonment, in accordance with that division.  If   4,555        

a court imposes a prison term of a type described in division (C)  4,556        

of that section, it shall include in the sentence a requirement    4,557        

that the offender be subject to a period of post-release control   4,558        

after the offender's release from imprisonment, in accordance      4,559        

with that division, if the parole board determines that a period   4,560        

of post-release control is necessary.                              4,561        

      (G)  If a person is convicted of or pleads guilty to a       4,563        

sexually violent offense and also is convicted of or pleads        4,564        

guilty to a sexually violent predator specification that was       4,565        

included in the indictment, count in the indictment, or            4,566        

information charging that offense, the court shall impose                       

                                                          113    

                                                                 
sentence upon the offender in accordance with section 2971.03 of   4,567        

the Revised Code, and Chapter 2971. of the Revised Code applies    4,568        

regarding the prison term or term of life imprisonment without     4,569        

parole imposed upon the offender and the service of that term of   4,570        

imprisonment.                                                                   

      (H)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        4,571        

GUILTY TO A FELONY IS SENTENCED TO A PRISON TERM OR TERM OF        4,572        

IMPRISONMENT UNDER THIS SECTION, SECTIONS 2929.02 TO 2929.06 OF    4,573        

THE REVISED CODE, SECTION 2971.03 OF THE REVISED CODE, OR ANY      4,574        

OTHER PROVISION OF LAW, SECTION 5120.163 OF THE REVISED CODE       4,575        

APPLIES REGARDING THE PERSON WHILE THE PERSON IS CONFINED IN A     4,576        

STATE CORRECTIONAL INSTITUTION.                                    4,577        

      Sec. 2929.16.  (A)  The court imposing a sentence for a      4,588        

felony upon an offender who is not required to serve a mandatory   4,589        

prison term may impose any community residential sanction or       4,590        

combination of community residential sanctions under this          4,591        

section.  The court imposing a sentence for a fourth degree                     

felony OMVI offense upon an offender who is required to serve a    4,593        

mandatory term of local incarceration pursuant to division (G)(1)  4,594        

of section 2929.13 of the Revised Code may impose upon the                      

offender, in addition to the mandatory term of local               4,596        

incarceration, a community residential sanction or combination of  4,597        

community residential sanctions under this section, and the        4,598        

offender shall serve or satisfy the sanction or combination of     4,599        

sanctions after the offender has served the mandatory term of      4,600        

local incarceration required for the offense.  Community           4,601        

residential sanctions include, but are not limited to, the                      

following:                                                         4,602        

      (1)  A term of up to six months at a community-based         4,604        

correctional facility that serves the county;                      4,605        

      (2)  Except as otherwise provided in division (A)(3) of      4,607        

this section AND SUBJECT TO DIVISION (D) OF THIS SECTION, a term   4,609        

of up to six months in a jail, provided that the court shall not   4,610        

impose a sanction under this section that consists of a term in a  4,611        

                                                          114    

                                                                 
minimum security jail for a felony of the fourth or fifth degree   4,612        

that is an offense of violence;                                    4,613        

      (3)  If the offender is convicted of a fourth degree felony  4,615        

OMVI offense and is sentenced pursuant to division (G)(1) of       4,616        

section 2929.13 of the Revised Code, SUBJECT TO DIVISION (D) OF    4,617        

THIS SECTION, a term of up to one year in a jail less the          4,618        

mandatory term of local incarceration of sixty consecutive days    4,620        

of imprisonment imposed pursuant to that division;                 4,621        

      (4)  A term in a halfway house;                              4,623        

      (5)  A term in an alternative residential facility.          4,625        

      (B)  The court that assigns any offender convicted of a      4,628        

felony to a residential sanction under this section may authorize  4,629        

the offender to be released so that the offender may seek or       4,630        

maintain employment, receive education or training, or receive     4,631        

treatment.  A release pursuant to this division shall be only for  4,632        

the duration of time that is needed to fulfill the purpose of the  4,633        

release and for travel that reasonably is necessary to fulfill     4,634        

the purposes of the release.                                                    

      (C)  If the court assigns an offender to a county jail that  4,637        

is not a minimum security misdemeanant jail in a county that has   4,638        

established a county jail industry program pursuant to section                  

5147.30 of the Revised Code, the court shall specify, as part of   4,639        

the sentence, whether the sheriff of that county may consider the  4,640        

offender for participation in the county jail industry program.    4,642        

During the offender's term in the county jail, the court shall     4,643        

retain jurisdiction to modify its specification upon a             4,644        

reassessment of the offender's qualifications for participation                 

in the program.                                                    4,645        

      (D)  IF A COURT SENTENCES AN OFFENDER TO A TERM IN JAIL      4,648        

UNDER DIVISION (A)(2) OR (3) OF THIS SECTION AND IF THE SENTENCE   4,650        

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      4,651        

THAT THE OFFENDER SERVE THE TERM IN A MINIMUM SECURITY JAIL        4,652        

ESTABLISHED UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE.    4,653        

                                                          115    

                                                                 
IF THE COURT INCLUDES A SPECIFICATION OF THAT TYPE IN THE          4,655        

SENTENCE AND IF THE ADMINISTRATOR OF THE APPROPRIATE MINIMUM       4,656        

SECURITY JAIL OR THE DESIGNEE OF THAT ADMINISTRATOR CLASSIFIES     4,657        

THE OFFENDER IN ACCORDANCE WITH SECTION 341.34 OR 753.21 OF THE    4,658        

REVISED CODE AS A MINIMAL SECURITY RISK, THE OFFENDER SHALL SERVE  4,659        

THE TERM IN THE MINIMUM SECURITY JAIL ESTABLISHED UNDER SECTION    4,660        

341.34 OR 753.21 OF THE REVISED CODE.  ABSENT A SPECIFICATION OF   4,662        

THAT TYPE AND A FINDING OF THAT TYPE, THE OFFENDER SHALL SERVE     4,663        

THE TERM IN A JAIL OTHER THAN A MINIMUM SECURITY JAIL ESTABLISHED               

UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE.                4,664        

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        4,666        

GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL         4,667        

SANCTION AS DESCRIBED IN DIVISION (A) OF THIS SECTION, AT THE      4,668        

TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE   4,669        

OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL,      4,670        

HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE    4,671        

AT WHICH THE OFFENDER WILL SERVE THE RESIDENTIAL SANCTION                       

DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE          4,672        

OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL,      4,673        

HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE    4,674        

MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND TESTED FOR     4,675        

TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED  4,676        

TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE      4,678        

PERSON IN CHARGE OF THE OPERATION OF THE COMMUNITY-BASED           4,679        

CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE, ALTERNATIVE                         

RESIDENTIAL FACILITY, OR OTHER PLACE AT WHICH THE OFFENDER WILL    4,680        

SERVE THE RESIDENTIAL SANCTION MAY CAUSE A CONVICTED OFFENDER IN   4,681        

THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE,    4,682        

ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE WHO REFUSES TO    4,683        

BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS,   4,684        

INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER     4,685        

CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY.         4,687        

      Sec. 2929.23.  (A)  As used in this section:                 4,696        

      (1)  "Electronic monitoring device" means either of the      4,698        

                                                          116    

                                                                 
following:                                                         4,699        

      (a)  Any device that can be operated by electrical or        4,701        

battery power and that conforms with all of the following:         4,702        

      (i)  The device has a transmitter that can be attached to a  4,704        

person, that will transmit a specified signal to a receiver of     4,705        

the type described in division (A)(1)(a)(ii) of this section if    4,706        

the transmitter is removed from the person, turned off, or         4,707        

altered in any manner without prior court approval in relation to  4,708        

electronically monitored house arrest or electronically monitored  4,709        

house detention or without prior approval of the department of     4,710        

rehabilitation and correction in relation to electronically        4,711        

monitored early release THE USE OF AN ELECTRONIC MONITORING        4,712        

DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL or otherwise is       4,713        

tampered with, that can transmit continuously and periodically a   4,714        

signal to that receiver when the person is within a specified      4,715        

distance from the receiver, and that can transmit an appropriate   4,716        

signal to that receiver if the person to whom it is attached       4,717        

travels a specified distance from that receiver.                   4,718        

      (ii)  The device has a receiver that can receive             4,720        

continuously the signals transmitted by a transmitter of the type  4,721        

described in division (A)(1)(a)(i) of this section, can transmit   4,722        

continuously those signals by telephone to a central monitoring    4,723        

computer of the type described in division (A)(1)(a)(iii) of this  4,724        

section, and can transmit continuously an appropriate signal to    4,725        

that central monitoring computer if the receiver is turned off or  4,726        

altered without prior court approval or otherwise tampered with.   4,727        

      (iii)  The device has a central monitoring computer that     4,729        

can receive continuously the signals transmitted by telephone by   4,730        

a receiver of the type described in division (A)(1)(a)(ii) of      4,731        

this section and can monitor continuously the person to whom an    4,732        

electronic monitoring device of the type described in division     4,733        

(A)(1)(a) of this section is attached.                             4,734        

      (b)  Any device that is not a device of the type described   4,736        

in division (A)(1)(a) of this section and that conforms with all   4,737        

                                                          117    

                                                                 
of the following:                                                  4,738        

      (i)  The device includes a transmitter and receiver that     4,740        

can monitor and determine the location of a subject person at any  4,741        

time, or at a designated point in time, through the use of a       4,742        

central monitoring computer or through other electronic means;     4,743        

      (ii)  The device includes a transmitter and receiver that    4,745        

can determine at any time, or at a designated point in time,       4,746        

through the use of a central monitoring computer or other          4,747        

electronic means the fact that the transmitter is turned off or    4,748        

altered in any manner without prior approval of the court in       4,749        

relation to electronically monitored house arrest or               4,750        

electronically monitored house detention or without prior          4,751        

approval of the department of rehabilitation and correction in     4,752        

relation to electronically monitored early release THE USE OF AN   4,753        

ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL         4,754        

CONTROL or otherwise is tampered with.                             4,756        

      (2)  "Certified electronic monitoring device" means an       4,758        

electronic monitoring device that has been certified by the        4,759        

superintendent of the bureau of criminal identification and        4,760        

investigation pursuant to division (C)(1) of this section.         4,761        

      (3)  "Eligible offender" means a person who has been         4,763        

convicted of or pleaded guilty to any offense, except that a       4,764        

person is not an "eligible offender" if any of the following       4,766        

apply in relation to the person, the offense, or the person and    4,767        

the offense:                                                       4,768        

      (a)  The person is subject to or is serving a term of life   4,770        

imprisonment.                                                                   

      (b)  The person is subject to or is serving a mandatory      4,772        

prison term imposed under division (F) of section 2929.13,         4,773        

division (D) of section 2929.14, or any other section of the       4,774        

Revised Code, provided that, after the person has served all of    4,775        

the mandatory prison terms so imposed, the person may be an        4,776        

eligible offender unless excluded by division (A)(3)(a), (c) or    4,777        

(d) of this section.                                               4,778        

                                                          118    

                                                                 
      (c)  The offense is a violation of division (A) of section   4,781        

4511.19 of the Revised Code, and the offender is sentenced for                  

that offense pursuant to division (G)(1) of section 2929.13 of     4,782        

the Revised Code and is serving the mandatory term of local        4,784        

incarceration of sixty consecutive days of imprisonment imposed    4,785        

under that division, provided that, after the person has served    4,786        

all of the mandatory term of local incarceration so imposed, the                

person may be an eligible offender unless excluded by division     4,787        

(A)(3)(a), (b), or (d) of this section.                            4,789        

      (d)  The offense is a violation of division (A) of section   4,792        

4511.19 of the Revised Code, and the person is sentenced for that  4,793        

offense pursuant to division (G)(2) of section 2929.13 of the      4,794        

Revised Code.                                                      4,795        

      (4)  "Electronically monitored house arrest" means a period  4,797        

of confinement of an eligible offender in the eligible offender's  4,799        

home or in other premises specified by the sentencing court,       4,800        

during which period of confinement all of the following apply:     4,801        

      (a)  The eligible offender wears, otherwise has attached to  4,803        

the eligible offender's person, or otherwise is subject to         4,804        

monitoring by a certified electronic monitoring device, or the     4,806        

eligible offender is subject to monitoring by a certified          4,808        

electronic monitoring system;                                                   

      (b)  The eligible offender is required to remain in the      4,810        

eligible offender's home or other premises specified by the        4,811        

sentencing court for the specified period of confinement, except   4,812        

for periods of time during which the eligible offender is at the   4,814        

eligible offender's place of employment or at other premises as    4,815        

authorized by the sentencing court;                                             

      (c)  The eligible offender is subject to monitoring by a     4,817        

central system that monitors the certified electronic monitoring   4,818        

device that is attached to the eligible offender's person or that  4,820        

otherwise is being used to monitor the eligible offender and that  4,821        

can monitor and determine the eligible offender's location at any  4,823        

time or at a designated point in time, or the eligible offender    4,824        

                                                          119    

                                                                 
is required to participate in monitoring by a certified            4,825        

electronic monitoring system;                                      4,826        

      (d)  The eligible offender is required by the sentencing     4,828        

court to report periodically to a person designated by the court;  4,829        

      (e)  The eligible offender is subject to any other           4,831        

restrictions and requirements that may be imposed by the           4,832        

sentencing court.                                                  4,833        

      (5)  "Electronic monitoring system" means a system by which  4,835        

the location of an eligible offender can be verified               4,836        

telephonically through the use of voice-activated voice response   4,837        

technology that conforms with all of the following:                4,838        

      (a)  It can be programmed to call the telephone or           4,840        

telephones assigned to the eligible offender who is the subject    4,842        

of the monitoring as often as necessary;                           4,843        

      (b)  It is equipped with a voice recognition system that     4,845        

can work accurately and reliably under the anticipated conditions  4,846        

in which it will operate;                                          4,847        

      (c)  It is equipped to perform an alarm function if the      4,849        

eligible offender who is the subject of monitoring does not        4,851        

respond to system commands in the manner required.                 4,852        

      (6)  "Certified electronic monitoring system" means an       4,854        

electronic monitoring system that has been certified by the        4,855        

superintendent of the bureau of criminal identification and        4,856        

investigation pursuant to division (C)(1) of this section.         4,857        

      (7)  "Electronically monitored house detention" has the      4,859        

same meaning as in section 2151.355 of the Revised Code.           4,860        

      (8)  "Electronically monitored early release" has the same   4,862        

meaning as in section 5120.071 of the Revised Code TRANSITIONAL    4,863        

CONTROL" MEANS THE PROGRAM OF TRANSITIONAL CONTROL ESTABLISHED BY  4,864        

THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION      4,865        

2967.26 OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A       4,866        

PROGRAM OF THAT NATURE UNDER THAT SECTION.                                      

      (B)(1)  Any court may impose as a sanction pursuant to       4,868        

sections 2929.15 and 2929.17 of the Revised Code a period of       4,869        

                                                          120    

                                                                 
electronically monitored house arrest upon an eligible offender    4,870        

who is convicted of or pleads guilty to a felony, except that the  4,871        

total of any period of electronically monitored house arrest       4,872        

imposed upon that eligible offender plus the period of all other   4,873        

sanctions imposed upon the same eligible offender pursuant to      4,874        

sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised     4,875        

Code shall not exceed five years.  Any court may impose a period   4,876        

of electronically monitored house arrest upon an eligible          4,877        

offender who is convicted of or pleads guilty to a misdemeanor in  4,878        

addition to or in lieu of any other sentence imposed or            4,879        

authorized for the offense, except that the total of any period    4,880        

of electronically monitored house arrest imposed upon that         4,881        

eligible offender plus the period of any sentence of imprisonment  4,882        

imposed upon the same eligible offender shall not exceed the       4,883        

maximum term of imprisonment that could be imposed upon the        4,884        

eligible offender pursuant to section 2929.21 of the Revised Code  4,885        

and except that, if the offense for which an eligible offender is  4,886        

being sentenced is a violation of division (A) of section 4511.19  4,887        

or of division (D)(2) of section 4507.02 of the Revised Code, the  4,888        

court may impose a period of electronically monitored house        4,889        

arrest upon the eligible offender only when authorized by and      4,890        

only in the circumstances described in division (A) of section     4,891        

4511.99 or division (B) of section 4507.99 of the Revised Code.    4,892        

      If a court imposes a period of electronically monitored      4,894        

house arrest upon an eligible offender, it shall require the       4,895        

eligible offender to wear, otherwise have attached to the          4,896        

eligible offender's person, or otherwise be subject to monitoring  4,898        

by a certified electronic monitoring device or to participate in   4,899        

the operation of and monitoring by a certified electronic          4,900        

monitoring system; to remain in the eligible offender's home or    4,901        

other specified premises for the entire period of electronically   4,903        

monitored house arrest except when the court permits the eligible  4,904        

offender to leave those premises to go to the eligible offender's  4,905        

place of employment or to other specified premises; to be          4,906        

                                                          121    

                                                                 
monitored by a central system that monitors the certified          4,907        

electronic monitoring device that is attached to the eligible      4,908        

offender's person or that otherwise is being used to monitor the   4,910        

eligible offender and that can monitor and determine the eligible  4,912        

offender's location at any time or at a designated point in time   4,914        

or to be monitored by the certified electronic monitoring system;  4,915        

to report periodically to a person designated by the court; and,   4,916        

in return for receiving a period of electronically monitored       4,917        

house arrest, to enter into a written contract with the court      4,918        

agreeing to comply with all restrictions and requirements imposed  4,919        

by the court, agreeing to pay any fee imposed by the court for     4,920        

the costs of the electronically monitored house arrest imposed by  4,921        

the court pursuant to division (E) of this section, and agreeing   4,922        

to waive the right to receive credit for any time served on        4,923        

electronically monitored house arrest toward any prison term or                 

sentence of imprisonment imposed upon the eligible offender for    4,925        

the offense for which the period of electronically monitored       4,926        

house arrest was imposed if the eligible offender violates any of  4,927        

the restrictions or requirements of the period of electronically   4,929        

monitored house arrest, and additionally, it may impose any other  4,930        

reasonable restrictions and requirements upon the eligible         4,931        

offender.                                                                       

      (2)  If an eligible offender violates any of the             4,933        

restrictions or requirements imposed upon the eligible offender    4,934        

as part of the eligible offender's period of electronically        4,936        

monitored house arrest, the eligible offender shall not receive    4,937        

credit for any time served on electronically monitored house       4,938        

arrest toward any prison term or sentence of imprisonment imposed  4,939        

upon the eligible offender for the offense for which the period    4,941        

of electronically monitored house arrest was imposed.              4,942        

      (C)(1)  The superintendent of the bureau of criminal         4,944        

identification and investigation, in accordance with this section  4,945        

and rules adopted by the superintendent pursuant to division       4,946        

(C)(2) of this section, shall certify for use in cases of          4,947        

                                                          122    

                                                                 
electronically monitored house arrest, IN electronically           4,948        

monitored house detention, and electronically monitored early      4,949        

release IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL specific  4,950        

types and brands of electronic monitoring devices and electronic   4,951        

monitoring systems that comply with the requirements of this       4,952        

section, section 5120.073 of the Revised Code, and those rules.    4,953        

Any manufacturer that, pursuant to this division, seeks to obtain  4,954        

the certification of any type or brand of electronic monitoring    4,955        

device or electronic monitoring system shall submit to the         4,956        

superintendent an application for certification in accordance      4,957        

with those rules together with the application fee and costs of    4,958        

certification as required by those rules.  The superintendent      4,959        

shall not certify any electronic monitoring device or electronic   4,960        

monitoring system pursuant to this division unless the             4,961        

application fee and costs have been paid to the superintendent.    4,962        

      (2)  The superintendent, in accordance with Chapter 119. of  4,964        

the Revised Code, shall adopt rules for certifying specific types  4,965        

and brands of electronic monitoring devices and electronic         4,966        

monitoring systems for use in electronically monitored house       4,967        

arrest, IN electronically monitored house detention, and           4,968        

electronically monitored early release IN RELATION TO AN INMATE    4,969        

ON TRANSITIONAL CONTROL.  The rules shall set forth the            4,971        

requirements for obtaining the certification, the application fee  4,972        

and other costs for obtaining the certification, the procedure     4,973        

for applying for certification, and any other requirements and     4,974        

procedures considered necessary by the superintendent.  The rules  4,975        

shall require that no type or brand of electronic monitoring       4,976        

device or electronic monitoring system be certified unless the     4,977        

type or brand of device or system complies with whichever of the   4,978        

following is applicable, in addition to any other requirements     4,979        

specified by the superintendent:                                                

      (a)  For electronic monitoring devices of the type           4,981        

described in division (A)(1)(a) of this section, the type or       4,982        

brand of device complies with all of the following:                4,983        

                                                          123    

                                                                 
      (i)  It has a transmitter of the type described in division  4,985        

(A)(1)(a)(i) of this section, a receiver of the type described in  4,986        

division (A)(1)(a)(ii) of this section, and a central monitoring   4,987        

computer of the type described in division (A)(1)(a)(iii) of this  4,988        

section;                                                           4,989        

      (ii)  Its transmitter can be worn by or attached to a        4,991        

person with a minimum of discomfort during normal activities, is   4,992        

difficult to remove, turn off, or otherwise alter without prior    4,993        

court approval in relation to electronically monitored house       4,994        

arrest or electronically monitored house detention or prior        4,995        

approval of the department of rehabilitation and correction in     4,996        

relation to electronically monitored early release THE USE OF AN   4,997        

ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL         4,998        

CONTROL, and will transmit a specified signal to the receiver if   5,000        

it is removed, turned off, altered, or otherwise tampered with;    5,001        

      (iii)  Its receiver is difficult to turn off or alter and    5,003        

will transmit a signal to the central monitoring computer if it    5,004        

is turned off, altered, or otherwise tampered with;                5,005        

      (iv)  Its central monitoring computer is difficult to        5,007        

circumvent;                                                        5,008        

      (v)  Its transmitter, receiver, and central monitoring       5,010        

computer work accurately and reliably under the anticipated        5,011        

conditions under which electronically monitored house arrest or    5,012        

electronically monitored house detention will be imposed by        5,013        

courts or under which electronically monitored early release AN    5,014        

ELECTRONIC MONITORING DEVICE will be used by the department of     5,016        

rehabilitation and correction IN RELATION TO AN INMATE ON          5,017        

TRANSITIONAL CONTROL;                                                           

      (vi)  It has a backup battery power supply that operates     5,019        

automatically when the main source of electrical or battery power  5,020        

for the device fails.                                              5,021        

      (b)  For electronic monitoring devices of the type           5,023        

described in division (A)(1)(b) of this section, the type or       5,024        

brand of device complies with all of the following:                5,025        

                                                          124    

                                                                 
      (i)  It has a transmitter and receiver of the type           5,027        

described in divisions (A)(1)(b)(i) and (ii) of this section.      5,028        

      (ii)  Its transmitter is difficult to turn off or alter      5,030        

without prior court approval in relation to electronically         5,031        

monitored house arrest or electronically monitored house           5,032        

detention or without prior approval of the department of           5,033        

rehabilitation and correction in relation to electronically        5,034        

monitored early release THE USE OF AN ELECTRONIC MONITORING        5,035        

DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL, and, if the          5,036        

transmitter is turned off or altered in any manner without prior   5,038        

approval of the court or department or otherwise is tampered       5,039        

with, the fact that it has been turned off, altered, or tampered   5,040        

with can be determined at any time, or at a designated point in    5,041        

time, through the use of a central monitoring computer or through  5,042        

other electronic means.                                                         

      (iii)  Its receiver is difficult to turn off or alter, and,  5,044        

if the receiver is turned off, altered, or otherwise tampered      5,045        

with, the fact that it has been turned off, altered, or tampered   5,046        

with can be determined at any time, or at a designated point in    5,047        

time, through the use of a central monitoring computer or through  5,048        

other electronic means.                                            5,049        

      (iv)  Its central monitoring computer or other means of      5,051        

electronic monitoring is difficult to circumvent.                  5,052        

      (v)  Its transmitter, receiver, and central monitoring       5,054        

computer or other means of electronic monitoring work accurately   5,055        

and reliably under the anticipated conditions under which          5,056        

electronically monitored house arrest, OR electronically           5,057        

monitored house detention WILL BE USED, or electronically          5,059        

monitored early release UNDER WHICH AN ELECTRONIC MONITORING       5,060        

DEVICE will be used BY THE DEPARTMENT OF REHABILITATION AND        5,061        

CORRECTION IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL.       5,062        

      (vi)  If it operates on electrical or battery power, it has  5,064        

a backup battery power supply that operates automatically when     5,065        

the main source of electrical or battery power for the device      5,066        

                                                          125    

                                                                 
fails, or, if it does not operate on electrical or battery power,  5,067        

it has a backup method of operation so that it will continue to    5,068        

operate if its main method of operation fails.                     5,069        

      (c)  For electronic monitoring systems, the type or brand    5,071        

of system complies with all of the following:                      5,072        

      (i)  It can be programmed to call the telephone or           5,074        

telephones assigned to the person who is the subject of the        5,075        

monitoring as often as necessary;                                  5,076        

      (ii)  It is equipped with a voice recognition system that    5,078        

can work accurately and reliably under the anticipated conditions  5,079        

in which it will operate;                                          5,080        

      (iii)  It is equipped to perform an alarm function if the    5,082        

person who is the subject of the monitoring does not respond to    5,083        

system commands in the manner required.                            5,084        

      (3)  The superintendent shall publish and make available to  5,086        

all courts and to the department of rehabilitation and             5,087        

correction, without charge, a list of all types and brands of      5,088        

electronic monitoring devices and electronic monitoring systems    5,089        

that have been certified by the superintendent pursuant to         5,090        

division (C)(1) of this section and information about the          5,091        

manufacturers of the certified devices and systems and places at   5,092        

which the devices and systems can be obtained.                     5,093        

      (D)  The superintendent of the bureau of criminal            5,095        

identification and investigation shall deposit all costs and fees  5,096        

collected pursuant to division (C) of this section into the        5,098        

general revenue fund.                                                           

      (E)(1)  Each county in which is located a court that         5,100        

imposes a period of electronically monitored house arrest or       5,101        

electronically monitored house detention as a sentencing sanction  5,102        

or alternative may establish in the county treasury an             5,104        

electronically monitored house arrest and detention fund.  The     5,105        

clerk of each court that uses that sentencing sanction or          5,106        

alternative may deposit into the fund all fees collected from      5,108        

eligible offenders upon whom electronically monitored house        5,109        

                                                          126    

                                                                 
arrest or detention is imposed pursuant to this section, section   5,110        

2151.355, or any other section of the Revised Code that            5,111        

specifically authorizes the imposition of electronically           5,112        

monitored house arrest or detention.  Each court that imposes      5,113        

electronically monitored house arrest or detention may adopt by    5,114        

local court rule a reasonable daily fee to be paid by each         5,115        

eligible offender upon whom a period of electronically monitored                

house arrest or detention is imposed as a sentencing sanction or   5,116        

alternative.  The fee may include the actual costs of providing    5,118        

house arrest or detention and an additional amount necessary to    5,119        

enable the court to provide electronically monitored house arrest  5,120        

or detention to indigent eligible offenders.  The fund may be      5,121        

used only for the payment of the costs of electronically           5,122        

monitored house arrest or detention, including, but not limited    5,123        

to, the costs of electronically monitored house arrest or          5,124        

detention for indigent eligible offenders.                                      

      (2)  If a fee is adopted pursuant to division (E)(1) of      5,126        

this section, it shall be in addition to any fine specifically     5,127        

authorized or required by any other section of the Revised Code    5,128        

for an eligible offender upon whom a period of electronically      5,129        

monitored house arrest or detention is imposed as a sentencing     5,130        

sanction or alternative.                                                        

      Sec. 2930.16.  (A)  If a defendant is incarcerated, a        5,140        

victim in a case who has requested to receive notice under this                 

section shall be given notice of the incarceration of the          5,141        

defendant.  Promptly after sentence is imposed upon the            5,142        

defendant, the prosecutor in the case shall notify the victim of   5,143        

the date on which the defendant will be released from confinement  5,144        

or the prosecutor's reasonable estimate of that date.  The         5,145        

prosecutor also shall notify the victim of the name of the         5,146        

custodial agency of the defendant and tell the victim how to       5,147        

contact that custodial agency.  The victim shall keep the          5,148        

custodial agency informed of the victim's current address and      5,149        

telephone number.                                                               

                                                          127    

                                                                 
      (B)(1)  Upon the victim's request, the prosecutor promptly   5,151        

shall notify the victim of any hearing for judicial release of     5,153        

the defendant pursuant to section 2929.20 of the Revised Code and  5,154        

of the victim's right to make a statement under that section.      5,155        

The court shall notify the victim of its ruling in each of those   5,156        

hearings and on each of those applications.                        5,157        

      (2)  Upon the request of a victim of a crime that is a       5,159        

sexually violent offense and that is committed by a sexually       5,160        

violent predator who is sentenced to a prison term pursuant to     5,161        

division (A)(3) of section 2971.03 of the Revised Code, the        5,162        

prosecutor promptly shall notify the victim of any hearing to be   5,163        

conducted pursuant to section 2971.05 of the Revised Code to       5,164        

determine whether to modify the requirement that the offender      5,165        

serve the entire prison term in a state correctional facility in   5,166        

accordance with division (C) of that section, whether to           5,168        

continue, revise, or revoke any existing modification of that      5,169        

requirement, or whether to terminate the prison term in                         

accordance with division (D) of that section.  The court shall     5,171        

notify the victim of any order issued at the conclusion of the     5,172        

hearing.  As used in this division, "sexually violent offense"     5,174        

and "sexually violent predator" have the same meanings as in       5,175        

section 2971.01 of the Revised Code.                                            

      (C)  Upon the victim's request made at any time before the   5,177        

particular notice would be due, the custodial agency of a          5,178        

defendant shall give the victim any of the following notices that  5,180        

is applicable:                                                                  

      (1)  At least three weeks before the adult parole authority  5,182        

recommends a pardon or commutation of sentence for the defendant   5,184        

or at least three weeks prior to a hearing before the adult        5,185        

parole authority regarding a grant of parole to the defendant,     5,186        

notice of the victim's right to submit a statement regarding the   5,187        

impact of the defendant's release in accordance with section       5,188        

2967.12 of the Revised Code and, if applicable, of the victim's    5,189        

right to appear at a full board hearing of the parole board to                  

                                                          128    

                                                                 
give testimony as authorized by section 5149.101 of the Revised    5,190        

Code;                                                                           

      (2)  At least three weeks before the defendant is granted a  5,192        

furlough TRANSFERRED TO TRANSITIONAL CONTROL under section         5,194        

2967.26 or under divisions (A)(1)(c) to (g) of section 2967.27 of  5,195        

the Revised Code or as soon as practicable before the defendant    5,196        

is granted a furlough under division (A)(1)(a) or (b) of section   5,197        

2967.27 of the Revised Code, notice of the pendency of the         5,198        

furlough TRANSFER and of the victim's right under those sections   5,201        

THAT SECTION to submit a statement regarding the impact of the     5,202        

release TRANSFER;                                                               

      (3)  At least three weeks before the defendant is permitted  5,204        

to serve a portion of the defendant's sentence as a period of      5,207        

electronically monitored early release pursuant to section         5,208        

5120.073 of the Revised Code, notice of the pendency of the        5,209        

electronically monitored early release;                                         

      (4)  Prompt notice of the defendant's escape from a          5,212        

facility of the custodial agency in which the defendant was        5,213        

incarcerated, of the defendant's absence without leave from a                   

mental health or mental retardation and developmental              5,215        

disabilities facility or from other custody, and of the capture    5,216        

of the defendant after an escape or absence;                       5,217        

      (5)(4)  Notice of the defendant's death while in custody;    5,219        

      (6)(5)  Notice of the defendant's release from confinement   5,221        

and the TERMS AND conditions of the release.                       5,223        

      Sec. 2941.39.  When a convict in a state correctional        5,232        

institution is indicted for a felony committed while confined in   5,233        

the correctional institution, he THE CONVICT shall remain in the   5,234        

custody of the warden or superintendent of the institution         5,235        

subject to the order of the court of common pleas of the county    5,236        

in which the institution is located DEPARTMENT OF REHABILITATION   5,237        

AND CORRECTION, SUBJECT TO SECTIONS 2941.40 TO 2941.46 OF THE      5,238        

REVISED CODE.                                                                   

      Sec. 2947.19.  (A)  In a county that has no workhouse but    5,248        

                                                          129    

                                                                 
in which is located a city that has a workhouse maintained by the  5,249        

city, the board of county commissioners may agree with the proper  5,250        

authorities of that city upon terms under which persons convicted  5,251        

of misdemeanors shall be maintained in the city workhouse at the   5,252        

expense of the county.  In the case of persons committed to the    5,253        

city workhouse for the violation of a law of this state, whether   5,254        

the commitment is from the court of common pleas, magistrate's     5,255        

court, or other court, the cost of maintaining those persons       5,256        

committed shall be paid out of the general fund of the county, on  5,257        

the allowance of the board of county commissioners, provided that  5,258        

all persons committed to the city workhouse for the violation of   5,259        

ordinances of the city shall be maintained in that workhouse at    5,260        

the sole cost of the city.                                         5,261        

      (B)(1)  The board of county commissioners or the             5,263        

legislative authority of the city may require a person who was     5,264        

convicted of an offense and who is confined in the city workhouse  5,266        

as provided in division (A) of this section to reimburse the       5,267        

county or the city, as the case may be, for its expenses incurred  5,268        

by reason of the person's confinement, including, but not limited  5,269        

to, the expenses relating to the provision of food, clothing,      5,270        

shelter, medical care, personal hygiene products, including, but   5,271        

not limited to, toothpaste, toothbrushes, and feminine hygiene     5,272        

items, and up to two hours of overtime costs the sheriff or        5,273        

municipal corporation incurred relating to the trial of the        5,274        

person.  The amount of reimbursement may be the actual cost of     5,275        

the prisoner's confinement plus the authorized trial overtime      5,276        

costs or a lesser amount determined by the board of county                      

commissioners for the county or the legislative authority of the   5,277        

city, provided that the lesser amount shall be determined by a     5,278        

formula that is uniformly applied to persons incarcerated in the   5,279        

workhouse.  The court shall determine the amount of reimbursement  5,280        

for the person convicted of the misdemeanor at a hearing held      5,281        

pursuant to section 2929.18 of the Revised Code if the person is   5,282        

confined for a felony or section 2929.223 of the Revised Code if   5,283        

                                                          130    

                                                                 
the person is confined for a misdemeanor.  The a confined for a    5,284        

misdemeanor amount or amounts paid in reimbursement by a prisoner  5,286        

confined for a misdemeanor or the amount recovered from a                       

prisoner confined for a misdemeanor by executing upon the          5,287        

judgment obtained pursuant to section 2929.223 of the Revised      5,288        

Code shall be paid into the treasury of the county or city that    5,289        

incurred the expenses.  If a person is convicted of or pleads      5,290        

guilty to a felony and the court imposes a sanction that requires  5,291        

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  5,292        

determination of whether the court may impose a sanction under     5,293        

section 2929.18 of the Revised Code that requires the offender to  5,294        

reimburse the expenses of confinement.  If a person is confined    5,296        

for a felony and the court imposes a sanction under section        5,297        

2929.18 of the Revised Code that requires the offender to          5,298        

reimburse the costs of confinement, the prosecuting attorney of    5,299        

the county or city director of law shall bring an action to        5,300        

recover the expenses of confinement in accordance with section     5,301        

2929.18 of the Revised Code.                                                    

      (2)  The board of county commissioners or the legislative    5,303        

authority of the city may adopt a resolution or ordinance          5,304        

specifying that a person who is convicted of a felony and who is   5,305        

confined in the city workhouse as provided in division (A) of      5,306        

this section is not required to reimburse the county or city, as   5,307        

the case may be, for its expenses incurred by reason of the        5,308        

person's confinement, including the expenses listed in division    5,309        

(B)(1) of this section.  If the board or legislative authority     5,310        

adopts a resolution or ordinance of that nature, the court that    5,311        

sentences a person convicted of a felony shall not impose a        5,312        

sanction under section 2929.18 of the Revised Code that requires   5,313        

the person to reimburse the costs of the confinement.              5,314        

      (C)  In lieu of requiring offenders to reimburse the county  5,317        

or the city for expenses incurred by reason of the person's                     

confinement under division (A) of this section, the board of       5,319        

                                                          131    

                                                                 
county commissioners or the legislative authority of the city may               

adopt a prisoner reimbursement policy for the city workhouse       5,320        

under this division.  The workhouse administrator may appoint a    5,321        

reimbursement coordinator to administer the prisoner               5,322        

reimbursement policy.  A prisoner reimbursement policy adopted                  

under this division is a policy that requires a person confined    5,323        

to the workhouse to reimburse the county or city for any expenses  5,324        

it incurs by reason of the person's confinement in the workhouse,  5,325        

which expenses may include, but are not limited to, the            5,326        

following:                                                                      

      (1)  A per diem fee for room and board of not more than      5,328        

sixty dollars per day or the actual per diem cost, whichever is    5,329        

less for the entire period of time the person is confined to the   5,330        

workhouse;                                                                      

      (2)  Actual charges for medical and dental treatment;        5,332        

      (3)  Reimbursement for government property damaged by the    5,334        

person while confined to the workhouse.                            5,335        

      Rates charged shall be on a sliding scale determined by the  5,337        

board of county commissioners or the legislative authority of the  5,338        

city, based on the ability of the person confined in the           5,339        

workhouse to pay and on consideration of any legal obligation of   5,340        

the person to support a spouse, minor children, or other           5,341        

dependents and any moral obligation to support dependents to whom               

the person is providing or has in fact provided support.           5,342        

      The reimbursement coordinator or another person designated   5,344        

by the workhouse administrator may investigate the financial       5,345        

status of the confined person and obtain information necessary to  5,346        

investigate that status, by means that may include contacting      5,347        

employers and reviewing income tax records.  The coordinator may   5,348        

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

implemented upon the person's release.  At the end of the          5,349        

person's incarceration, the person shall be presented with a       5,350        

billing statement.                                                              

      The reimbursement coordinator or another person designated   5,352        

                                                          132    

                                                                 
by the workhouse administrator may collect, or the board of        5,353        

county commissioners or the legislative authority of the city may  5,354        

enter into a contract with one or more public agencies or private  5,355        

vendors to collect, any amounts remaining unpaid.  Within twelve   5,356        

months after the date of the confined person's release, the                     

prosecuting attorney or city director of law may file a civil      5,357        

action to seek reimbursement from that person for any billing      5,358        

amount that remains unpaid.  The county or city shall not enforce  5,359        

any judgment obtained under this section by means of execution     5,360        

against the person's homestead.  For purposes of this section,     5,361        

"homestead" has the same meaning as in division (A) of section     5,362        

323.151 of the Revised Code.  Any reimbursement received under     5,363        

this section shall be credited to the general fund of the county   5,364        

or city that bore the expense, to be used for general fund                      

purposes.                                                          5,365        

      (D)(1)  Notwithstanding any contrary provision in this       5,367        

section or section 2929.18 or 2929.223 of the Revised Code, the    5,369        

board of county commissioners or the legislative authority of the               

city may establish a policy that requires any person who is not    5,370        

indigent and who is confined in the city workhouse to pay a        5,371        

reasonable fee for any medical treatment or service requested by   5,372        

and provided to that person.  This fee shall not exceed the        5,373        

actual cost of the treatment or service provided.  No person       5,374        

confined to a city workhouse who is indigent shall be required to  5,375        

pay those fees, and no person confined to a city workhouse shall   5,376        

be denied any necessary medical care because of inability to pay   5,377        

those fees.                                                                     

      Upon provision of the requested medical treatment or         5,379        

service, payment of the required fee may be automatically          5,380        

deducted from a person's account record in the workhouse's         5,381        

business office.  If the person has no funds in the person's       5,382        

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

person's confinement in the workhouse if funds later become        5,383        

available in the person's account.  If the person is released      5,384        

                                                          133    

                                                                 
from the workhouse and has an unpaid balance of these fees, the    5,385        

board of county commissioners or the legislative authority may     5,386        

bill the person for payment of the remaining unpaid fees.  Fees                 

received for medical treatment or services shall be paid into the  5,387        

commissary fund, if one has been created for the workhouse, or if  5,388        

no commissary fund exists, into the county or city treasury.       5,389        

      (2)  If a person confined to a city workhouse is required    5,391        

under division (B) of this section or section 2929.18 or 2929.223  5,393        

of the Revised Code to reimburse the county or city for expenses   5,394        

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

any fees paid by the person under division (D)(1) of this section  5,396        

shall be deducted from the expenses required to be reimbursed                   

under division (b) of this section or section 2929.18 or 2929.223  5,398        

of the Revised Code.                                                            

      (E)  IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED        5,400        

GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN   5,401        

DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT      5,402        

OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE           5,403        

WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF    5,404        

THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER                 

TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION,         5,405        

HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C,     5,406        

AND OTHER CONTAGIOUS DISEASES.  THE PERSON IN CHARGE OF THE        5,408        

OPERATION OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE   5,409        

WORKHOUSE WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS,    5,410        

HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS   5,411        

A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND        5,413        

TREATED INVOLUNTARILY.                                                          

      Sec. 2950.01.  As used in this chapter, unless the context   5,422        

clearly requires otherwise:                                        5,423        

      (A)  "Confinement" includes, but is not limited to, a        5,425        

community residential sanction imposed pursuant to section         5,426        

2929.16 of the Revised Code.                                                    

      (B)  "Habitual sex offender" means a person who is           5,429        

                                                          134    

                                                                 
convicted of or pleads guilty to a sexually oriented offense and   5,430        

who previously has been convicted of or pleaded guilty to one or                

more sexually oriented offenses.                                   5,431        

      (C)  "Prosecutor" has the same meaning as in section         5,434        

2935.01 of the Revised Code.                                                    

      (D)  "Sexually oriented offense" means any of the following  5,436        

offenses:                                                          5,437        

      (1)  Regardless of the age of the victim of the offense, a   5,439        

violation of section 2907.02, 2907.03, 2907.05, or 2907.12 of the  5,440        

Revised Code;                                                      5,441        

      (2)  Any of the following offenses involving a minor, in     5,443        

the circumstances specified:                                       5,444        

      (a)  A violation of section 2905.01, 2905.02, 2905.03,       5,447        

2905.04, 2905.05, or 2907.04 of the Revised Code when the victim   5,448        

of the offense is under eighteen years of age;                                  

      (b)  A violation of section 2907.21 of the Revised Code      5,451        

when the person who is compelled, induced, procured, encouraged,   5,452        

solicited, requested, or facilitated to engage in, paid or agreed  5,453        

to be paid for, or allowed to engage in the sexual activity in     5,454        

question is under eighteen years of age;                           5,455        

      (c)  A violation of division (A)(1) or (3) of section        5,457        

2907.321 or 2907.322 of the Revised Code;                          5,459        

      (d)  A violation of division (A)(1) or (2) of section        5,461        

2907.323 of the Revised Code;                                      5,462        

      (e)  A violation of division (B)(5) of section 2919.22 of    5,465        

the Revised Code when the child who is involved in the offense is  5,466        

under eighteen years of age.                                       5,467        

      (3)  Regardless of the age of the victim of the offense, a   5,469        

violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the  5,470        

Revised Code, or of division (A) of section 2903.04 of the         5,472        

Revised Code, that is committed with a purpose to gratify the      5,474        

sexual needs or desires of the offender;                                        

      (4)  A sexually violent offense;                             5,476        

      (5)  A violation of any former law of this state that was    5,478        

                                                          135    

                                                                 
substantially equivalent to any offense listed in division         5,479        

(D)(1), (2), (3), or (4) of this section;                          5,480        

      (6)  A violation of an existing or former municipal          5,482        

ordinance or law of another state or the United States, or a       5,484        

violation under the law applicable in a military court, that is    5,485        

or was substantially equivalent to any offense listed in division  5,486        

(D)(1), (2), (3), or (4) of this section;                                       

      (7)  An attempt to commit, conspiracy to commit, or          5,488        

complicity in committing any offense listed in division (D)(1),    5,489        

(2), (3), (4), (5), or (6) of this section.                        5,490        

      (E)  "Sexual predator" means a person who has been           5,493        

convicted of or pleaded guilty to committing a sexually oriented   5,494        

offense and is likely to engage in the future in one or more                    

sexually oriented offenses.                                        5,495        

      (F)  "Supervised release" means a release from a prison      5,497        

term, a term of imprisonment, or another type of confinement that  5,499        

satisfies either of the following conditions:                                   

      (1)  The release is on parole, a conditional pardon, or      5,501        

probation, under a furlough TRANSITIONAL CONTROL, or under a       5,502        

post-release control sanction, and it requires the person to       5,504        

report to or be supervised by a parole officer, probation                       

officer, field officer, or another type of supervising officer.    5,505        

      (2)  The release is any type of release that is not          5,507        

described in division (F)(1) of this section and that requires     5,508        

the person to report to or be supervised by a probation officer,   5,509        

a parole officer, a field officer, or another type of supervising  5,510        

officer.                                                                        

      (G)  An offender is "adjudicated as being a sexual           5,512        

predator" if any of the following applies:                         5,513        

      (1)  The offender is convicted of or pleads guilty to        5,515        

committing, on or after the effective date of this section, a      5,516        

sexually oriented offense that is a sexually violent offense and   5,517        

also is convicted of or pleads guilty to a sexually violent        5,518        

predator specification that was included in the indictment, count  5,520        

                                                          136    

                                                                 
in the indictment, or information that charged the sexually        5,521        

violent offense.                                                                

      (2)  Regardless of when the sexually oriented offense was    5,523        

committed, on or after the effective date of this section, the     5,524        

offender is sentenced for a sexually oriented offense, and the     5,525        

sentencing judge determines pursuant to division (B) of section    5,527        

2950.09 of the Revised Code that the offender is a sexual          5,528        

predator.                                                                       

      (3)  Prior to the effective date of this section, the        5,530        

offender was convicted of or pleaded guilty to, and was sentenced  5,532        

for, a sexually oriented offense, the offender is imprisoned in a  5,533        

state correctional institution on or after the effective date of   5,534        

this section, and, prior to the offender's release from            5,535        

imprisonment, the court determines pursuant to division (C) of     5,536        

section 2950.09 of the Revised Code that the offender is a sexual  5,537        

predator.                                                                       

      (H)  "Sexually violent predator specification" and           5,539        

"sexually violent offense" have the same meanings as in section    5,541        

2971.01 of the Revised Code.                                                    

      (I)  "POST-RELEASE CONTROL SANCTION" AND "TRANSITIONAL       5,543        

CONTROL" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE       5,544        

REVISED CODE.                                                                   

      Sec. 2961.01.  A person convicted of a felony under the      5,553        

laws of this or any other state or the United States, unless his   5,554        

THE conviction is reversed or annulled, is incompetent to be an    5,556        

elector or juror, or to hold an office of honor, trust, or         5,558        

profit.  When any such person CONVICTED OF A FELONY UNDER ANY LAW  5,559        

OF THAT TYPE is granted probation, parole, JUDICIAL RELEASE, or a  5,561        

conditional pardon OR IS RELEASED UNDER A POST-RELEASE CONTROL                  

SANCTION, he THE PERSON is competent to be an elector during the   5,563        

period of probation or, parole, OR RELEASE or until the            5,564        

conditions of his THE pardon have been performed or have           5,567        

transpired, and IS COMPETENT TO BE AN ELECTOR thereafter                        

following his final discharge.  The full pardon of a convict       5,570        

                                                          137    

                                                                 
restores the rights and privileges so forfeited under this                      

section, but a pardon shall not release a convict from the costs   5,571        

of his THE CONVICT'S conviction in this state, unless so           5,573        

specified.                                                                      

      Sec. 2963.35.  The chief of the adult parole authority       5,582        

BUREAU OF SENTENCE COMPUTATION OR ANOTHER INDIVIDUAL SPECIFIED BY  5,583        

THE DIRECTOR OF REHABILITATION AND CORRECTION is designated as     5,584        

the administrator as required by Article VII of the agreement      5,585        

adopted pursuant to section 2963.30 of the Revised Code.  The      5,586        

administrator, acting jointly with like officers of other party    5,587        

states, shall, in accordance with Chapter 119. of the Revised      5,588        

Code, promulgate rules and regulations to carry out the terms of                

the agreement.  The administrator is authorized and empowered to   5,589        

cooperate with all departments, agencies, and officers of this     5,590        

state and its political subdivisions, in facilitating the proper   5,591        

administration of the agreement or of any supplementary agreement  5,592        

or agreements entered into by this state thereunder.               5,593        

      Sec. 2967.01.  As used in this chapter:                      5,602        

      (A)  "State correctional institution" includes any           5,605        

institution or facility that is operated by the department of                   

rehabilitation and correction and that is used for the custody,    5,606        

care, or treatment of criminal, delinquent, or psychologically or  5,607        

psychiatrically disturbed offenders.                               5,608        

      (B)  "Pardon" means the remission of penalty by the          5,610        

governor in accordance with the power vested in the governor by    5,611        

the constitution.                                                  5,612        

      (C)  "Commutation" or "commutation of sentence" means the    5,614        

substitution by the governor of a lesser for a greater             5,615        

punishment.  A stated prison term may be commuted without the      5,617        

consent of the convict, except when granted upon the acceptance    5,618        

and performance by the convict of conditions precedent.  After     5,619        

commutation, the commuted prison term shall be the only one in     5,620        

existence.  The commutation may be stated in terms of commuting    5,621        

from a named offense to a lesser included offense with a shorter   5,623        

                                                          138    

                                                                 
prison term, in terms of commuting from a stated prison term in    5,624        

months and years to a shorter prison term in months and years, or  5,625        

in terms of commuting from any other stated prison term to a       5,626        

shorter prison term.                                                            

      (D)  "Reprieve" means the temporary suspension by the        5,628        

governor of the execution of a sentence or prison term.  The       5,629        

governor may grant a reprieve without the consent of and against   5,630        

the will of the convict.                                                        

      (E)  "Parole" means, regarding a prisoner who is serving a   5,632        

prison term for aggravated murder or murder, who is serving a      5,633        

prison term of life imprisonment for rape or felonious sexual      5,634        

penetration, or who was sentenced prior to the effective date of   5,635        

this amendment JULY 1, 1996, a release of the prisoner from        5,637        

confinement in any state correctional institution by the adult                  

parole authority that is subject to the eligibility criteria       5,638        

specified in this chapter and that is under the terms and          5,639        

conditions, and for the period of time, prescribed by the          5,640        

authority in its published rules and official minutes or required  5,641        

by division (A) of section 2967.131 of the Revised Code or                      

another provision of this chapter.                                 5,642        

      (F)  "Head of a state correctional institution" or "head of  5,645        

the institution" means the resident head of the institution and    5,646        

the person immediately in charge of the institution, whether       5,647        

designated warden, superintendent, or any other name by which the  5,648        

head is known.                                                                  

      (G)  "Convict" means a person who has been convicted of a    5,650        

felony under the laws of this state, whether or not actually       5,651        

confined in a state correctional institution, unless the person    5,652        

has been pardoned or has served the person's sentence or prison    5,653        

term.                                                              5,654        

      (H)  "Prisoner" means a person who is in actual confinement  5,656        

in a state correctional institution.                               5,657        

      (I)  "Parolee" means any inmate who has been released from   5,659        

confinement on parole by order of the adult parole authority or    5,660        

                                                          139    

                                                                 
conditionally pardoned, who is under supervision of the adult      5,661        

parole authority and has not been granted a final release, and     5,662        

who has not been declared in violation of the inmate's parole by   5,663        

the authority or is performing the prescribed conditions of a      5,664        

conditional pardon.                                                5,665        

      (J)  "Releasee" means an inmate who has been released from   5,667        

confinement pursuant to section 2967.28 of the Revised Code under  5,669        

a period of post-release control that includes one or more                      

post-release control sanctions.                                    5,670        

      (K)  "Final release" means a remission by the adult parole   5,672        

authority of the balance of the sentence or prison term of a       5,673        

parolee or prisoner or the termination by the authority of a term  5,674        

of post-release control of a releasee.                             5,675        

      (L)  "Parole violator" or "release violator" means any       5,677        

parolee or releasee who has been declared to be in violation of    5,678        

the condition of parole or post-release control specified in       5,679        

division (A) of section 2967.131 of the Revised Code or in         5,680        

violation of any other term, condition, or rule of the parolee's   5,681        

or releasee's parole or of the parolee's or releasee's             5,682        

post-release control sanctions, the determination of which has     5,683        

been made by the adult parole authority and recorded in its        5,684        

official minutes.                                                               

      (M)  "Administrative release" means a termination of         5,686        

jurisdiction over a particular sentence or prison term by the      5,687        

adult parole authority for administrative convenience.             5,688        

      (N)  "Furloughee" means a prisoner who has been released to  5,690        

conditional confinement by the adult parole authority pursuant to  5,691        

section 2967.26 of the Revised Code or who has been released by    5,692        

the department of rehabilitation and correction pursuant to        5,693        

section 2967.27 of the Revised Code.                               5,694        

      (O)  "Post-release control" and "post-release control        5,696        

sanction" have the same meanings as in section 2967.28 of the      5,699        

Revised Code MEANS A PERIOD OF SUPERVISION BY THE ADULT PAROLE     5,700        

AUTHORITY AFTER A PRISONER'S RELEASE FROM IMPRISONMENT THAT        5,701        

                                                          140    

                                                                 
INCLUDES ONE OR MORE POST-RELEASE CONTROL SANCTIONS IMPOSED UNDER  5,702        

SECTION 2967.28 OF THE REVISED CODE.                               5,703        

      (O)  "POST-RELEASE CONTROL SANCTION" MEANS A SANCTION THAT   5,706        

IS AUTHORIZED UNDER SECTIONS 2929.16 TO 2929.18 OF THE REVISED     5,708        

CODE AND THAT IS IMPOSED UPON A PRISONER UPON THE PRISONER'S       5,709        

RELEASE FROM A PRISON TERM.                                        5,711        

      (P)  "Prison COMMUNITY CONTROL SANCTION," "PRISON term,"     5,714        

"MANDATORY PRISON TERM," and "stated prison term" have the same    5,715        

meanings as in section 2929.01 of the Revised Code.                5,716        

      (Q)  "TRANSITIONAL CONTROL" MEANS CONTROL OF A PRISONER      5,718        

UNDER THE TRANSITIONAL CONTROL PROGRAM ESTABLISHED BY THE          5,719        

DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 2967.26  5,720        

OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A PROGRAM OF    5,721        

THAT NATURE UNDER THAT SECTION.                                                 

      Sec. 2967.131.  (A)  In addition to any other terms and      5,730        

conditions of a conditional pardon, OR parole, furlough OF         5,731        

TRANSITIONAL CONTROL, or other OF ANOTHER form of authorized       5,734        

release from confinement in a state correctional institution that               

is granted to an individual and that involves the placement of     5,735        

the individual under the supervision of the adult parole           5,736        

authority, and in addition to any other sanctions of post-release  5,737        

control of a felon imposed under section 2967.28 of the Revised    5,738        

Code, the authority or, in the case of a conditional pardon, the   5,739        

governor shall include in the terms and conditions of the          5,740        

conditional pardon, parole, furlough TRANSITIONAL CONTROL, or      5,741        

other form of authorized release or shall include as a condition   5,743        

of the post-release control the condition that the parolee,                     

furloughee, or releasee INDIVIDUAL OR FELON abide by the law,      5,745        

including, but not limited to, complying with the provisions of    5,746        

Chapter 2923. of the Revised Code relating to the possession,      5,747        

sale, furnishing, transfer, disposition, purchase, acquisition,                 

carrying, conveying, or use of, or other conduct involving, a      5,748        

firearm or dangerous ordnance, as defined in section 2923.11 of    5,749        

the Revised Code, during the period of the parolee's,              5,750        

                                                          141    

                                                                 
furloughee's, or releasee's INDIVIDUAL'S OR FELON'S conditional    5,752        

pardon, parole, furlough TRANSITIONAL CONTROL, other form of       5,753        

authorized release, or post-release control.                       5,755        

      (B)  During the period of a conditional pardon, OR parole,   5,757        

furlough OF TRANSITIONAL CONTROL, or other OF ANOTHER form of      5,760        

authorized release from confinement in a state correctional                     

institution that is granted to an individual and that involves     5,761        

the placement of the individual under the supervision of the       5,762        

adult parole authority, and during a period of post-release        5,763        

control of a felon imposed under section 2967.28 of the Revised    5,764        

Code, authorized field officers of the authority who are engaged   5,765        

within the scope of their supervisory duties or responsibilities   5,766        

may search, with or without a warrant, the person of the parolee,  5,767        

furloughee, or releasee INDIVIDUAL OR FELON, the place of          5,769        

residence of the parolee, furloughee, or releasee INDIVIDUAL OR                 

FELON, and a motor vehicle, another item of tangible or            5,771        

intangible personal property, or other real property in which the  5,772        

parolee, furloughee, or releasee INDIVIDUAL OR FELON has a right,  5,774        

title, or interest or for which the parolee, furloughee, or        5,775        

releasee INDIVIDUAL OR FELON has the express or implied            5,777        

permission of a person with a right, title, or interest to use,    5,779        

occupy, or possess, if the field officers have reasonable grounds  5,781        

to believe that the parolee, furloughee, or releasee INDIVIDUAL    5,782        

OR FELON is not abiding by the law or otherwise is not complying   5,783        

with the terms and conditions of the parolee's, furloughee's, or   5,784        

releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole,     5,785        

furlough TRANSITIONAL CONTROL, other form of authorized release,   5,788        

or post-release control.  The authority shall provide each         5,789        

parolee, furloughee, or releasee INDIVIDUAL WHO IS GRANTED A       5,790        

CONDITIONAL PARDON OR PAROLE, TRANSITIONAL CONTROL, OR ANOTHER     5,791        

FORM OF AUTHORIZED RELEASE FROM CONFINEMENT IN A STATE                          

CORRECTIONAL INSTITUTION AND EACH FELON WHO IS UNDER POST-RELEASE  5,792        

CONTROL with a written notice that informs the parolee,            5,794        

furloughee, or releasee INDIVIDUAL OR FELON that authorized field  5,796        

                                                          142    

                                                                 
officers of the authority who are engaged within the scope of      5,799        

their supervisory duties or responsibilities may conduct those     5,800        

types of searches during the period of the conditional pardon,     5,801        

parole, furlough TRANSITIONAL CONTROL, other form of authorized    5,802        

release, or post-release control if they have reasonable grounds   5,803        

to believe that the parolee, furloughee, or releasee INDIVIDUAL    5,804        

OR FELON is not abiding by the law or otherwise is not complying   5,805        

with the terms and conditions of the parolee's, furloughee's, or   5,806        

releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole,     5,808        

furlough TRANSITIONAL CONTROL, other form of authorized release,   5,810        

or post-release control.                                                        

      Sec. 2967.14.  (A)  The adult parole authority may require   5,819        

a parolee or releasee to reside in a halfway house or other        5,820        

suitable community residential center that has been licensed by    5,821        

the division of parole and community services pursuant to          5,822        

division (C) of this section during a part or for the entire       5,824        

period of the parolee's conditional release or of the releasee's   5,825        

term of post-release control.  The court of common pleas that                   

placed an offender under a sanction consisting of a term in a      5,826        

halfway house or in an alternative residential sanction may        5,828        

require the offender to reside in a halfway house or other                      

suitable community residential center that is designated by the    5,829        

court and that has been licensed by the division pursuant to       5,830        

division (C) of this section during a part or for the entire       5,831        

period of the offender's residential sanction.                     5,832        

      (B)  The division of parole and community services may       5,834        

enter into agreements with any public or private agency or a       5,835        

department or political subdivision of the state that operates a   5,836        

halfway house or community residential center that has been        5,837        

licensed by the division pursuant to division (C) of this          5,838        

section.  An agreement under this division shall provide for       5,839        

housing, supervision, and other services that are required for     5,840        

parolees, releasees, and persons placed under a residential        5,841        

sanction PERSONS who have been assigned to a halfway house or      5,843        

                                                          143    

                                                                 
community residential center, INCLUDING PAROLEES, RELEASEES,       5,844        

PERSONS PLACED UNDER A RESIDENTIAL SANCTION, PERSONS UNDER         5,845        

TRANSITIONAL CONTROL, AND OTHER ELIGIBLE OFFENDERS AS DEFINED IN   5,846        

RULES ADOPTED BY THE DIRECTOR OF REHABILITATION AND CORRECTION IN  5,847        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  An agreement    5,848        

under this division shall provide for per diem payments to the     5,849        

agency, department, or political subdivision on behalf of each     5,850        

parolee and releasee assigned to and each person placed under a    5,851        

residential sanction in a halfway house or community residential   5,852        

center that is operated by the agency, department, or political    5,853        

subdivision and that has been licensed by the division.  The per   5,854        

diem payments shall be equal to the halfway house's or community   5,855        

residential center's average daily per capita costs with its       5,856        

facility at full occupancy.  The per diem payments shall not       5,857        

exceed the total operating costs of the halfway house or           5,858        

community residential center during the term of an agreement. The  5,860        

director of rehabilitation and correction shall adopt rules in     5,861        

accordance with Chapter 119. of the Revised Code for determining   5,862        

includable and excludable costs and income to be used in           5,863        

computing the agency's average daily per capita costs with its                  

facility at full occupancy.                                        5,864        

      The department of rehabilitation and correction may use a    5,866        

portion of the amount appropriated to the department each fiscal   5,867        

year for the halfway house and community residential center        5,868        

program to pay for contracts for nonresidential services for       5,869        

offenders under the supervision of the adult parole authority.     5,870        

The nonresidential services may include, but are not limited to,   5,871        

treatment for substance abuse, mental health counseling, and       5,872        

counseling for sex offenders.                                      5,873        

      (C)  The division of parole and community services may       5,875        

license a halfway house or community residential center as a       5,876        

suitable facility for the care and treatment of adult offenders    5,877        

only if the halfway house or community residential center          5,878        

complies with the standards that the division adopts in            5,879        

                                                          144    

                                                                 
accordance with Chapter 119. of the Revised Code for the           5,880        

licensure of halfway houses and community residential centers.     5,881        

The division shall annually inspect each licensed halfway house    5,882        

and licensed community residential center to determine if it is    5,883        

in compliance with the licensure standards.                                     

      Sec. 2967.141.  (A)  AS USED IN THIS SECTION, "ALTERNATIVE   5,886        

RESIDENTIAL FACILITY" HAS THE SAME MEANING AS IN SECTION 2929.01   5,887        

OF THE REVISED CODE.                                               5,888        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION,        5,891        

THROUGH ITS DIVISION OF PAROLE AND COMMUNITY SERVICES, MAY         5,892        

OPERATE OR CONTRACT FOR THE OPERATION OF ONE OR MORE VIOLATION     5,893        

SANCTION CENTERS AS AN ALTERNATIVE RESIDENTIAL FACILITY.  A        5,894        

VIOLATION SANCTION CENTER OPERATED UNDER AUTHORITY OF THIS         5,895        

DIVISION IS NOT A PRISON WITHIN THE MEANING OF DIVISION (CC) OF    5,896        

SECTION 2929.01 OF THE REVISED CODE.  A VIOLATION SANCTION CENTER               

OPERATED UNDER AUTHORITY OF THIS DIVISION MAY BE USED FOR EITHER   5,897        

OF THE FOLLOWING PURPOSES:                                         5,898        

      (1)  SERVICE OF THE TERM OF A MORE RESTRICTIVE POST-RELEASE  5,901        

CONTROL SANCTION THAT THE PAROLE BOARD, SUBSEQUENT TO A HEARING,   5,902        

IMPOSES PURSUANT TO DIVISION (F)(2) OF SECTION 2967.28 OF THE      5,904        

REVISED CODE UPON A RELEASEE WHO HAS VIOLATED A POST-RELEASE       5,905        

CONTROL SANCTION IMPOSED UPON THE RELEASEE UNDER THAT SECTION;     5,906        

      (2)  SERVICE OF A SANCTION THAT THE ADULT PAROLE AUTHORITY   5,908        

OR PAROLE BOARD IMPOSES UPON A PAROLEE WHOM THE AUTHORITY          5,909        

DETERMINES TO BE A PAROLE VIOLATOR BECAUSE OF A VIOLATION OF THE   5,910        

TERMS AND CONDITIONS OF THE PAROLEE'S PAROLE OR CONDITIONAL        5,911        

PARDON.                                                            5,912        

      (C)  IF A VIOLATION SANCTION CENTER IS ESTABLISHED UNDER     5,915        

THE AUTHORITY OF THIS SECTION, NOTWITHSTANDING THE FACT THAT THE   5,916        

CENTER IS AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE PURPOSES     5,917        

DESCRIBED IN DIVISION (B) OF THIS SECTION, THE CENTER SHALL BE     5,919        

USED ONLY FOR THE PURPOSES DESCRIBED IN THAT DIVISION.  A                       

VIOLATION SANCTION CENTER ESTABLISHED UNDER THE AUTHORITY OF THIS  5,920        

SECTION IS NOT AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE         5,921        

                                                          145    

                                                                 
PURPOSE OF IMPOSING SENTENCE ON AN OFFENDER WHO IS CONVICTED OF    5,922        

OR PLEADS GUILTY TO A FELONY, AND A COURT THAT IS SENTENCING AN    5,924        

OFFENDER FOR A FELONY PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF                

THE REVISED CODE SHALL NOT SENTENCE THE OFFENDER TO A COMMUNITY    5,926        

RESIDENTIAL SANCTION THAT REQUIRES THE OFFENDER TO SERVE A TERM    5,927        

IN THE CENTER.                                                                  

      (D)  IF A RELEASEE IS ORDERED TO SERVE A SANCTION IN A       5,929        

VIOLATION SANCTION CENTER, AS DESCRIBED IN DIVISION (B)(1) OF      5,930        

THIS SECTION, ALL OF THE FOLLOWING APPLY:                          5,931        

      (1)  THE RELEASEE SHALL NOT BE CONSIDERED TO BE UNDER A NEW  5,933        

PRISON TERM FOR A VIOLATION OF POST-RELEASE CONTROL.               5,934        

      (2)  THE TIME THE RELEASEE SERVES IN THE CENTER SHALL NOT    5,936        

COUNT TOWARD, AND SHALL NOT BE CONSIDERED IN DETERMINING, THE      5,937        

MAXIMUM CUMULATIVE PRISON TERM FOR ALL VIOLATIONS THAT IS          5,938        

DESCRIBED IN DIVISION (F)(3) OF SECTION 2967.28 OF THE REVISED     5,939        

CODE.                                                                           

      (3)  THE TIME THE RELEASEE SERVES IN THE CENTER SHALL COUNT  5,941        

AS PART OF, AND SHALL BE CREDITED TOWARD, THE REMAINING PERIOD OF  5,942        

POST-RELEASE CONTROL THAT IS APPLICABLE TO THE RELEASEE.           5,943        

      Sec. 2967.15.  (A)  If an adult parole authority field       5,952        

officer has reasonable cause to believe that a person who is a     5,953        

parolee, furloughee, or other releasee, WHO IS UNDER TRANSITIONAL  5,954        

CONTROL, OR WHO IS UNDER ANOTHER FORM OF AUTHORIZED RELEASE AND    5,955        

WHO IS under the supervision of the adult parole authority has     5,957        

violated or is violating the condition of a conditional pardon,    5,958        

parole, furlough, other form of authorized release, TRANSITIONAL   5,960        

CONTROL, or post-release control specified in division (A) of      5,962        

section 2967.131 of the Revised Code or any other term or          5,963        

condition of the person's conditional pardon, parole, furlough,    5,964        

other form of authorized release, TRANSITIONAL CONTROL, or         5,965        

post-release control, the field officer may arrest the person      5,967        

without a warrant or order a peace officer to arrest the person    5,968        

without a warrant.  A person so arrested shall be confined in the  5,969        

jail of the county in which the person is arrested or in another   5,970        

                                                          146    

                                                                 
facility designated by the chief of the adult parole authority     5,971        

until a determination is made regarding the person's release                    

status.  Upon making an arrest under this section, the arresting   5,972        

or supervising adult parole authority field officer promptly       5,973        

shall notify the superintendent of parole supervision or the       5,974        

superintendent's designee, in writing, that the person has been    5,977        

arrested and is in custody and submit in detail an appropriate     5,978        

report of the reason for the arrest.                               5,979        

      (B)  Except as otherwise provided in this division, prior    5,981        

to the revocation by the adult parole authority of a person's      5,983        

pardon, parole, furlough TRANSITIONAL CONTROL, or other release    5,984        

and prior to the imposition by the parole board or adult parole    5,985        

authority of a new prison term as a post-release control sanction  5,986        

for a person, the adult parole authority shall grant the person a  5,987        

hearing in accordance with rules adopted by the department of      5,988        

rehabilitation and correction under Chapter 119. of the Revised    5,989        

Code.  The adult parole authority is not required to grant the                  

person a hearing if the person is convicted of or pleads guilty    5,990        

to an offense that the person committed while released on a        5,991        

pardon, on parole, furlough TRANSITIONAL CONTROL, or other         5,992        

ANOTHER FORM OF release, or on post-release control and upon       5,994        

which the revocation of the person's pardon, parole, furlough      5,995        

TRANSITIONAL CONTROL, other release, or post-release control is    5,996        

based.                                                             5,997        

      If a person who has been pardoned is found to be a violator  5,999        

of the conditions of the parolee's conditional pardon or           6,000        

commutation of sentence, the authority forthwith shall transmit    6,001        

to the governor its recommendation concerning that violation, and  6,002        

the violator shall be retained in custody until the governor       6,003        

issues an order concerning that violation.                         6,004        

      If the authority fails to make a determination of the case   6,006        

of a parolee or releasee alleged to be a violator of the terms     6,007        

and conditions of the parolee's or releasee's conditional pardon,  6,008        

parole, other release, or post-release control sanctions within a  6,009        

                                                          147    

                                                                 
reasonable time, the parolee or releasee shall be released from    6,011        

custody under the same terms and conditions of the parolee's or    6,012        

releasee's original conditional pardon, parole, other release, or  6,013        

post-release control sanctions.                                    6,014        

      (C)(1)  If a person who is a parolee, furloughee, or other   6,016        

releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER       6,017        

ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE    6,018        

ADULT PAROLE AUTHORITY absconds from supervision, the              6,019        

superintendent SUPERVISING ADULT PAROLE AUTHORITY FIELD OFFICER    6,020        

shall report that fact to the authority SUPERINTENDENT OF PAROLE   6,022        

SUPERVISION, in writing, and the authority shall enter an order    6,024        

upon its official minutes declaring DECLARE that person to be a    6,025        

violator at large.  The superintendent, upon UPON being advised    6,027        

of the apprehension and availability for return of a violator at   6,028        

large, THE SUPERINTENDENT OF PAROLE SUPERVISION shall recommend    6,029        

to the authority that DETERMINE WHETHER the violator at large      6,030        

SHOULD be returned to the institution or restored to parole,       6,031        

furlough TRANSITIONAL CONTROL, other ANOTHER form of authorized    6,033        

release, or post-release control.  If the violator is not          6,034        

restored to parole, furlough, other form of authorized release,    6,035        

or post-release control, the violator shall be returned to a       6,037        

state correctional institution.                                                 

      The time between the date on which a person who is a         6,039        

parolee, furloughee, or other releasee is declared to be a         6,041        

violator or violator at large and the date on which that person    6,042        

is returned to custody in this state under the immediate control   6,043        

of the adult parole authority shall not be counted as time served  6,044        

under the sentence imposed on that person or as a part of the      6,045        

term of post-release control.                                                   

      (2)  A furloughee or a releasee other than a person who is   6,048        

released on parole, conditional pardon, or post-release control    6,049        

PERSON WHO IS UNDER TRANSITIONAL CONTROL OR WHO IS UNDER ANY FORM  6,051        

OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE ADULT PAROLE    6,052        

AUTHORITY is considered to be in custody while UNDER THE           6,053        

                                                          148    

                                                                 
TRANSITIONAL CONTROL OR on furlough or other release, and, if the  6,056        

furloughee or releasee PERSON absconds from supervision, the       6,057        

furloughee or releasee PERSON may be prosecuted for the offense    6,058        

of escape.                                                         6,059        

      (D)  A person who is a parolee, furloughee, or other         6,061        

releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER       6,063        

ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE    6,064        

ADULT PAROLE AUTHORITY and who has violated a term or condition    6,066        

of the person's conditional pardon, parole, furlough TRANSITIONAL  6,067        

CONTROL, other form of authorized release, or post-release         6,068        

control shall be declared to be a violator if the person is        6,070        

committed to a correctional institution outside the state to       6,071        

serve a sentence imposed upon the person by a federal court or a   6,072        

court of another state or if the person otherwise leaves the       6,073        

state.                                                                          

      (E)  As used in this section, "peace officer" has the same   6,075        

meaning as in section 2935.01 of the Revised Code.                 6,076        

      Sec. 2967.191.  The adult parole authority DEPARTMENT OF     6,085        

REHABILITATION AND CORRECTION shall reduce the stated prison term  6,087        

of a prisoner OR, IF THE PRISONER IS SERVING A TERM FOR WHICH      6,088        

THERE IS PAROLE ELIGIBILITY, THE MINIMUM AND MAXIMUM TERM OR THE                

PAROLE ELIGIBILITY DATE OF THE PRISONER by the total number of     6,089        

days that the prisoner was confined for any reason arising out of  6,090        

the offense for which the prisoner was convicted and sentenced,    6,091        

including confinement in lieu of bail while awaiting trial,        6,092        

confinement for examination to determine the prisoner's            6,094        

competence to stand trial or sanity, and confinement while                      

awaiting transportation to the place where the prisoner is to      6,096        

serve the prisoner's prison term.                                               

      Sec. 2967.22.  Whenever it is brought to the attention of    6,105        

the adult parole authority or a county department of probation     6,106        

that a parolee, furloughee, probationer, PERSON UNDER              6,107        

TRANSITIONAL CONTROL, or releasee appears to be a mentally ill     6,110        

person subject to hospitalization by court order, as defined in    6,111        

                                                          149    

                                                                 
section 5122.01 of the Revised Code, or a mentally retarded                     

person subject to institutionalization by court order, as defined  6,112        

in section 5123.01 of the Revised Code, the parole or probation    6,113        

officer, subject to the approval of the chief of the adult parole  6,115        

authority, the designee of the chief of the adult parole           6,116        

authority, or the chief probation officer, may file an affidavit   6,117        

under section 5122.11 or 5123.71 of the Revised Code.  A parolee,  6,118        

probationer, or releasee who is involuntarily detained under       6,120        

Chapter 5122. or 5123. of the Revised Code shall receive credit    6,121        

against the period of parole or probation or the term of                        

post-release control for the period of involuntary detention.      6,122        

      If a parolee, probationer, furloughee PERSON UNDER           6,124        

TRANSITIONAL CONTROL, or releasee escapes from an institution or   6,126        

facility within the department of mental health or the department  6,127        

of mental retardation and developmental disabilities, the          6,128        

superintendent of the institution immediately shall notify the     6,129        

chief of the adult parole authority or the chief probation         6,130        

officer.  Notwithstanding the provisions of section 5122.26 of     6,131        

the Revised Code, the procedure for the apprehension, detention,   6,132        

and return of the parolee, probationer, furloughee PERSON UNDER    6,133        

TRANSITIONAL CONTROL, or releasee is the same as that provided     6,134        

for the apprehension, detention, and return of persons who escape  6,135        

from institutions operated by the department of rehabilitation     6,136        

and correction.  If the escaped parolee, furloughee PERSON UNDER   6,137        

TRANSITIONAL CONTROL, or releasee is not apprehended and returned  6,139        

to the custody of the department of mental health or the           6,140        

department of mental retardation and developmental disabilities    6,141        

within ninety days after the escape, the parolee, furloughee       6,142        

PERSON UNDER TRANSITIONAL CONTROL, or releasee shall be            6,143        

discharged from the custody of the department of mental health or  6,145        

the department of mental retardation and developmental             6,146        

disabilities and returned to the custody of the department of      6,147        

rehabilitation and correction.  If the escaped probationer is not  6,148        

apprehended and returned to the custody of the department of       6,149        

                                                          150    

                                                                 
mental health or the department of mental retardation and          6,150        

developmental disabilities within ninety days after the escape,    6,151        

the probationer shall be discharged from the custody of the        6,152        

department of mental health or the department of mental            6,153        

retardation and developmental disabilities and returned to the     6,154        

custody of the court that sentenced the probationer.               6,155        

      Sec. 2967.26.  (A)(1)  Subject to disapproval by the         6,164        

sentencing judge, the adult parole authority may grant furloughs   6,166        

to trustworthy prisoners, other than those serving a prison term                

or term of life imprisonment without parole imposed pursuant to    6,167        

section 2971.03 of the Revised Code or a sentence of imprisonment  6,169        

for life imposed for an offense committed on or after October 19,  6,170        

1981, who are confined in any state correctional institution for   6,171        

the purpose of employment, vocational training, educational        6,172        

programs, or other programs designated by the director of          6,173        

rehabilitation and correction within this state.  The adult        6,174        

parole authority shall not grant a furlough under this section to  6,175        

a prisoner who is serving a prison term or term of life            6,176        

imprisonment without parole imposed pursuant to section 2971.03    6,177        

of the Revised Code or a sentence of imprisonment for life         6,178        

imposed for an offense committed on or after October 19, 1981.     6,179        

Additionally, the adult parole authority shall not grant a         6,181        

prisoner a furlough under this section if the prisoner has more    6,182        

than six months of imprisonment to serve until the prisoner's                   

parole eligibility, as determined under section 2967.13 of the     6,183        

Revised Code, or until the expiration of the prisoner's stated     6,184        

prison term THE DEPARTMENT OF REHABILITATION AND CORRECTION, BY    6,185        

RULE, MAY ESTABLISH A TRANSITIONAL CONTROL PROGRAM FOR THE         6,186        

PURPOSE OF CLOSELY MONITORING A PRISONER'S ADJUSTMENT TO           6,187        

COMMUNITY SUPERVISION DURING THE FINAL ONE HUNDRED EIGHTY DAYS OF  6,188        

THE PRISONER'S CONFINEMENT.  IF THE DEPARTMENT ESTABLISHES A       6,189        

TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, THE ADULT        6,190        

PAROLE AUTHORITY MAY TRANSFER ELIGIBLE PRISONERS TO TRANSITIONAL   6,191        

CONTROL STATUS UNDER THE PROGRAM DURING THE FINAL ONE HUNDRED      6,192        

                                                          151    

                                                                 
EIGHTY DAYS OF THEIR CONFINEMENT AND UNDER THE TERMS AND           6,193        

CONDITIONS ESTABLISHED BY THE DEPARTMENT, SHALL PROVIDE FOR THE    6,194        

CONFINEMENT AS PROVIDED IN THIS DIVISION OF EACH ELIGIBLE          6,195        

PRISONER SO TRANSFERRED, AND SHALL SUPERVISE EACH ELIGIBLE         6,196        

PRISONER SO TRANSFERRED IN ONE OR MORE COMMUNITY CONTROL           6,197        

SANCTIONS.  EACH ELIGIBLE PRISONER WHO IS TRANSFERRED TO           6,198        

TRANSITIONAL CONTROL STATUS UNDER THE PROGRAM SHALL BE CONFINED    6,199        

IN A SUITABLE FACILITY THAT IS LICENSED PURSUANT TO DIVISION (C)   6,201        

OF SECTION 2967.14 OF THE REVISED CODE, OR SHALL BE CONFINED IN A  6,202        

RESIDENCE THE DEPARTMENT HAS APPROVED FOR THIS PURPOSE AND BE      6,203        

MONITORED PURSUANT TO AN ELECTRONIC MONITORING DEVICE, AS DEFINED  6,205        

IN SECTION 2929.23 OF THE REVISED CODE.  IF THE DEPARTMENT         6,206        

ESTABLISHES A TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION,    6,207        

THE RULES ESTABLISHING THE PROGRAM SHALL INCLUDE CRITERIA THAT     6,208        

DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE PROGRAM, CRITERIA      6,209        

THAT MUST BE SATISFIED TO BE APPROVED AS A RESIDENCE THAT MAY BE   6,210        

USED FOR CONFINEMENT UNDER THE PROGRAM OF A PRISONER THAT IS       6,211        

TRANSFERRED TO IT AND PROCEDURES FOR THE DEPARTMENT TO APPROVE     6,212        

RESIDENCES THAT SATISFY THOSE CRITERIA, AND PROVISIONS OF THE      6,213        

TYPE DESCRIBED IN DIVISION (C) OF THIS SECTION.  AT A MINIMUM,     6,215        

THE CRITERIA THAT DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE      6,216        

PROGRAM SHALL PROVIDE ALL OF THE FOLLOWING:                        6,217        

      (a)  THAT A PRISONER IS ELIGIBLE FOR THE PROGRAM IF THE      6,220        

PRISONER IS SERVING A PRISON TERM OR TERM OF IMPRISONMENT FOR AN   6,221        

OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT    6,222        

AND IF, AT THE TIME AT WHICH ELIGIBILITY IS BEING DETERMINED, THE  6,223        

PRISONER WOULD HAVE BEEN ELIGIBLE FOR A FURLOUGH UNDER THIS        6,224        

SECTION AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF   6,225        

THIS AMENDMENT OR WOULD HAVE BEEN ELIGIBLE FOR CONDITIONAL         6,226        

RELEASE UNDER FORMER SECTION 2967.23 OF THE REVISED CODE AS THAT   6,227        

SECTION EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS    6,228        

AMENDMENT;                                                                      

      (b)  THAT NO PRISONER WHO IS SERVING A MANDATORY PRISON      6,232        

TERM IS ELIGIBLE FOR THE PROGRAM UNTIL AFTER EXPIRATION OF THE     6,233        

                                                          152    

                                                                 
MANDATORY TERM;                                                                 

      (c)  THAT NO PRISONER WHO IS SERVING A PRISON TERM OR TERM   6,236        

OF LIFE IMPRISONMENT WITHOUT PAROLE IMPOSED PURSUANT TO SECTION    6,237        

2971.03 OF THE REVISED CODE IS ELIGIBLE FOR THE PROGRAM.           6,239        

      (2)  At least three weeks prior to granting a furlough to a  6,241        

prisoner TRANSFERRING TO TRANSITIONAL CONTROL under this section   6,243        

A PRISONER WHO IS SERVING A TERM OF IMPRISONMENT OR PRISON TERM    6,244        

FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1996, the adult       6,245        

parole authority shall give notice of the pendency of the          6,246        

furlough TRANSFER TO TRANSITIONAL CONTROL to the court of common   6,247        

pleas of the county in which the indictment against the prisoner   6,248        

was found and of the fact that the court may disapprove the grant  6,249        

TRANSFER of the pending furlough PRISONER TO TRANSITIONAL          6,250        

CONTROL.  If the court disapproves of the grant TRANSFER of the    6,251        

pending furlough PRISONER TO TRANSITIONAL CONTROL, the court       6,252        

shall notify the authority of the disapproval within ten days      6,255        

after receipt of the notice.  If the court timely disapproves the               

grant TRANSFER of the pending furlough PRISONER TO TRANSITIONAL    6,257        

CONTROL, the authority shall not proceed with the furlough         6,258        

TRANSFER.  If the court does not timely disapprove the grant       6,259        

TRANSFER of the pending furlough PRISONER TO TRANSITIONAL          6,260        

CONTROL, the authority may proceed with plans for the furlough     6,261        

TRANSFER THE PRISONER TO TRANSITIONAL CONTROL.                     6,262        

      (3)  If the victim of an offense for which a prisoner was    6,264        

sentenced to a PRISON TERM OR term of imprisonment has requested   6,265        

notification under section 2930.16 of the Revised Code and has     6,266        

provided the department of rehabilitation and correction with the  6,267        

victim's name and address, the adult parole authority, at least    6,268        

three weeks prior to granting a furlough to TRANSFERRING the       6,269        

prisoner TO TRANSITIONAL CONTROL pursuant to this section, shall   6,270        

notify the victim of the pendency of the furlough TRANSFER and of  6,271        

the victim's right to submit a statement to the authority          6,273        

regarding the impact of the release TRANSFER of the prisoner on    6,275        

furlough TO TRANSITIONAL CONTROL.  If the victim subsequently      6,276        

                                                          153    

                                                                 
submits a statement of that nature to the authority, the                        

authority shall consider the statement in deciding whether to      6,277        

grant TRANSFER the furlough PRISONER TO TRANSITIONAL CONTROL.      6,279        

      (B)  The department of rehabilitation and correction shall   6,281        

place conditions on the release of any prisoner who is granted a   6,282        

furlough pursuant to this section.  Each furloughed prisoner       6,283        

TRANSFERRED TO TRANSITIONAL CONTROL UNDER THIS SECTION shall be    6,284        

confined IN THE MANNER DESCRIBED IN DIVISION (A) OF THIS SECTION   6,286        

during any period of time that the furloughed prisoner is not      6,287        

actually working at the furloughed prisoner's approved                          

employment, engaged in a vocational training or other ANOTHER      6,289        

educational program, engaged in another program designated by the  6,292        

director pursuant to division (A) of this section, or engaged in   6,293        

other activities approved by the department.  The confinement of   6,294        

the furloughed prisoner shall be in a suitable facility that has   6,296        

been licensed by the division of parole and community services     6,297        

pursuant to division (C) of section 2967.14 of the Revised Code.   6,298        

      The division of parole and community services may enter      6,301        

into agreements with any agency, public or private, or a                        

department or political subdivision of the state, that operates a  6,302        

facility that has been licensed by the division pursuant to        6,303        

division (C) of section 2967.14 of the Revised Code.  An           6,304        

agreement shall provide for housing, supervision, and other        6,305        

services that are required for furloughed prisoners who are        6,306        

assigned to the facility.  An agreement shall provide for per      6,307        

diem payments to the agency, department, or political subdivision  6,308        

on behalf of each furloughed prisoner who is assigned to a         6,309        

facility that is operated by the agency, department, or political  6,310        

subdivision and that has been licensed by the division.  The per   6,311        

diem payments shall be equal to the facility's average daily per   6,312        

capita costs with its facility at full occupancy.  The per diem    6,313        

payments shall not exceed the total operating costs of the         6,314        

facility during the term of an agreement.  The director of         6,315        

rehabilitation and correction shall adopt rules in accordance      6,316        

                                                          154    

                                                                 
with Chapter 119. of the Revised Code for determining includable   6,317        

and excludable costs and income to be used in computing the        6,318        

agency's average daily per capita costs with its facility at full  6,319        

occupancy.                                                         6,320        

      (C)  The adult parole authority, subject to approval by the  6,322        

director DEPARTMENT of rehabilitation and correction, shall adopt  6,324        

rules for granting furloughs TRANSFERRING ELIGIBLE PRISONERS TO    6,325        

TRANSITIONAL CONTROL, supervising and confining prisoners on       6,326        

furlough SO TRANSFERRED, and administering the furlough            6,328        

TRANSITIONAL CONTROL program in accordance with this section, AND  6,329        

USING THE MONIES DEPOSITED INTO THE TRANSITIONAL CONTROL FUND      6,330        

ESTABLISHED UNDER DIVISION (E) OF THIS SECTION.                                 

      (D)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     6,332        

ADOPT RULES FOR THE ISSUANCE OF PASSES FOR THE LIMITED PURPOSES    6,333        

DESCRIBED IN THIS DIVISION TO PRISONERS WHO ARE TRANSFERRED TO     6,334        

TRANSITIONAL CONTROL UNDER THIS SECTION.  IF THE DEPARTMENT        6,335        

ADOPTS RULES OF THAT NATURE, THE RULES SHALL GOVERN THE GRANTING   6,336        

OF THE PASSES AND SHALL PROVIDE FOR THE SUPERVISION OF PRISONERS   6,337        

WHO ARE TEMPORARILY RELEASED PURSUANT TO ONE OF THOSE PASSES.      6,338        

UPON THE ADOPTION OF RULES UNDER THIS DIVISION, THE DEPARTMENT     6,340        

MAY ISSUE PASSES TO PRISONERS WHO ARE TRANSFERRED TO TRANSITIONAL  6,341        

CONTROL STATUS UNDER THIS SECTION IN ACCORDANCE WITH THE RULES     6,342        

AND THE PROVISIONS OF THIS DIVISION.  ALL PASSES ISSUED UNDER      6,343        

THIS DIVISION SHALL BE FOR A MAXIMUM OF FORTY-EIGHT HOURS AND MAY  6,344        

BE ISSUED ONLY FOR THE FOLLOWING PURPOSES:                         6,345        

      (1)  TO VISIT A DYING RELATIVE;                              6,347        

      (2)  TO ATTEND THE FUNERAL OF A RELATIVE;                    6,349        

      (3)  TO VISIT WITH FAMILY;                                   6,351        

      (4)  TO OTHERWISE AID IN THE REHABILITATION OF THE           6,353        

PRISONER.                                                          6,354        

      (E)  The adult parole authority may require the A prisoner   6,357        

on furlough WHO IS TRANSFERRED TO TRANSITIONAL CONTROL to pay to   6,358        

the division of parole and community services the reasonable       6,360        

expenses incurred by the division in supervising or confining the  6,361        

                                                          155    

                                                                 
prisoner on furlough WHILE UNDER TRANSITIONAL CONTROL.  Inability  6,362        

to pay those reasonable expenses shall not be grounds for          6,365        

refusing to grant a furlough to TRANSFER an otherwise eligible     6,366        

prisoner TO TRANSITIONAL CONTROL.  Amounts received by the         6,367        

division of parole and community services under this division      6,369        

shall be deposited into the furlough services TRANSITIONAL         6,370        

CONTROL fund that, WHICH is hereby created in the state treasury   6,372        

AND WHICH HEREBY REPLACES AND SUCCEEDS THE FURLOUGH SERVICES FUND  6,373        

THAT FORMERLY EXISTED IN THE STATE TREASURY.  ALL MONIES THAT      6,374        

REMAIN IN THE FURLOUGH SERVICES FUND ON THE EFFECTIVE DATE OF                   

THIS AMENDMENT SHALL BE TRANSFERRED ON THAT DATE TO THE            6,375        

TRANSITIONAL CONTROL FUND.  The TRANSITIONAL CONTROL fund shall    6,376        

be used solely to pay costs related to the operation of the        6,377        

furlough education and work release program TRANSITIONAL CONTROL   6,378        

PROGRAM ESTABLISHED UNDER THIS SECTION.  The director of           6,379        

rehabilitation and correction shall adopt rules in accordance      6,380        

with section 111.15 of the Revised Code for the use of the fund.   6,381        

      (E)(F)  A prisoner who violates any rule established by the  6,383        

adult parole authority DEPARTMENT OF REHABILITATION AND            6,385        

CORRECTION under division (A), (C), OR (D) of this section may be  6,387        

returned TRANSFERRED to the A state correctional institution in    6,388        

which the prisoner had been confined prior to furlough PURSUANT    6,390        

TO RULES ADOPTED UNDER DIVISION (A), (C), OR (D) OF THIS SECTION,  6,391        

but the prisoner shall receive credit towards completing the       6,393        

prisoner's sentence for the time spent on furlough UNDER           6,394        

TRANSITIONAL CONTROL.                                                           

      IF A PRISONER IS TRANSFERRED TO TRANSITIONAL CONTROL UNDER   6,396        

THIS SECTION, UPON SUCCESSFUL COMPLETION OF THE PERIOD OF          6,397        

TRANSITIONAL CONTROL, THE PRISONER MAY BE RELEASED ON PAROLE OR    6,399        

UNDER POST-RELEASE CONTROL PURSUANT TO SECTION 2967.13 OR 2967.28  6,400        

OF THE REVISED CODE AND RULES ADOPTED BY THE DEPARTMENT OF                      

REHABILITATION AND CORRECTION.  IF THE PRISONER IS RELEASED UNDER  6,401        

POST-RELEASE CONTROL, THE DURATION OF THE POST-RELEASE CONTROL,    6,403        

THE TYPE OF POST-RELEASE CONTROL SANCTIONS THAT MAY BE IMPOSED,    6,404        

                                                          156    

                                                                 
THE ENFORCEMENT OF THE SANCTIONS, AND THE TREATMENT OF PRISONERS   6,405        

WHO VIOLATE ANY SANCTION APPLICABLE TO THE PRISONER ARE GOVERNED   6,406        

BY SECTION 2967.28 OF THE REVISED CODE.                            6,407        

      Sec. 2967.27.  (A)(1)  Subject to disapproval by the         6,416        

sentencing judge for a furlough granted under divisions (A)(1)(c)  6,417        

to (g) of this section, the THE department of rehabilitation and   6,418        

correction may grant furloughs ESCORTED VISITS to trustworthy      6,420        

prisoners confined in any state correctional facility for the      6,421        

custody and rehabilitation of persons convicted of crime, except   6,422        

that the department shall not grant a furlough for any purpose     6,423        

other than the purposes described in division (A)(1)(a) or (b) of  6,424        

this section to a prisoner serving a sentence of life              6,425        

imprisonment that was imposed for an offense committed on or       6,426        

after October 19, 1981, or to a prisoner serving a prison term or  6,427        

term of life imprisonment without parole imposed pursuant to       6,429        

section 2971.03 of the Revised Code.  The department may           6,430        

authorize furloughs under this section for the LIMITED purpose     6,432        

of:                                                                             

      (a)  Visiting VISITING a dying relative;                     6,434        

      (b)  Attending OR ATTENDING the funeral of a relative;       6,436        

      (c)  Arranging for a suitable parole plan, or an             6,438        

educational or vocational furlough plan;                           6,439        

      (d)  Arranging for employment;                               6,441        

      (e)  Arranging for suitable residence;                       6,443        

      (f)  Visiting with family;                                   6,445        

      (g)  Otherwise aiding in the rehabilitation of the inmate.   6,447        

      (2)  At least three weeks prior PRIOR to granting a          6,449        

furlough ANY PRISONER AN ESCORTED VISIT FOR THE LIMITED PURPOSE    6,450        

OF VISITING A DYING RELATIVE OR ATTENDING THE FUNERAL OF A         6,451        

RELATIVE under divisions (A)(1)(c) to (g) of this section, the     6,453        

department shall give notice of the pendency of the furlough to    6,454        

the court of common pleas of the county in which the indictment    6,456        

against the prisoner was found and of the fact that the court may  6,457        

disapprove the grant of the pending furlough.  If the court        6,458        

                                                          157    

                                                                 
disapproves of the grant, the court shall notify the department                 

of the disapproval within ten days after receipt of the notice.    6,459        

If the court timely disapproves the grant of the pending           6,460        

furlough, the department shall not proceed with the furlough.  If  6,461        

the court does not timely disapprove the grant of the pending      6,462        

furlough, the department may proceed with plans for the furlough   6,463        

NOTIFY ITS OFFICE OF VICTIMS' SERVICES SO THAT THE OFFICE MAY      6,464        

PROVIDE ASSISTANCE TO ANY VICTIM OR VICTIMS OF THE OFFENSE         6,465        

COMMITTED BY THE PRISONER AND TO MEMBERS OF THE FAMILY OF THE      6,466        

VICTIM.                                                                         

      (3)  If the victim of an offense for which a prisoner was    6,468        

sentenced to a term of imprisonment has requested notification     6,470        

under section 2930.16 of the Revised Code and has provided the                  

department of rehabilitation and correction with the victim's      6,471        

name and address, the department, at least three weeks prior to    6,473        

granting a furlough to the prisoner pursuant to divisions          6,474        

(A)(1)(c) to (g) of this section and as soon as practicable prior  6,475        

to granting a furlough to the prisoner pursuant to division        6,476        

(A)(1)(a) or (b) of this section, shall notify the victim of the   6,478        

pendency of the furlough and of the victim's right to submit a                  

statement regarding the impact of the release of the prisoner on   6,480        

furlough.  If the victim subsequently submits a statement of that  6,482        

nature to the department, the department shall consider the        6,483        

statement in deciding whether to grant the furlough.                            

      (B)  The department of rehabilitation and correction shall   6,485        

adopt rules for THE granting furloughs OF ESCORTED VISITS under    6,487        

this section, AND FOR supervising prisoners on furlough, and       6,488        

administering the furlough program.  The rules shall contain the   6,490        

following prohibitions:                                                         

      (1)  No prisoner who is serving a sentence of life           6,492        

imprisonment that was imposed for an offense committed on or       6,493        

after October 19, 1981, or a prison term or term of life           6,494        

imprisonment without parole imposed pursuant to section 2971.03    6,495        

of the Revised Code shall be eligible for a furlough for any       6,496        

                                                          158    

                                                                 
purpose described in division (A)(1)(a) or (b) of this section     6,497        

unless a corrections officer or another corrections staff person   6,498        

accompanies the prisoner at all times while on furlough;           6,499        

      (2)  No prisoner shall be eligible for furlough under this   6,503        

section who has served less than six months in a state             6,504        

correctional institution, except in the situation of attending     6,505        

the funeral of a member of the prisoner's immediate family, or     6,506        

attending a bedside visit with a member of the prisoner's                       

immediate family who is ill and bedridden AN ESCORTED VISIT.       6,507        

      (C)  No prisoner shall be granted a furlough AN ESCORTED     6,509        

VISIT under this section if the prisoner is likely to pose a       6,511        

threat to the public safety or has a record of more than two       6,513        

felony commitments (including the present charge), not more than   6,514        

one of which may be for a crime of an assaultive nature.           6,515        

      (D)  Furloughs may be granted under this section only upon   6,517        

the written approval of the director of the department of          6,518        

rehabilitation and correction or if the director deems it          6,519        

appropriate, by the assistant director of the department, or the   6,520        

wardens within the department.                                     6,521        

      (E)  Furloughs granted under this section shall be for a     6,524        

period no longer than is reasonably necessary to accomplish the    6,525        

purposes of this section, but in no event shall a furlough extend  6,526        

beyond seven days, nor shall the total furlough time granted to a  6,527        

prisoner within any calendar year exceed fourteen days except      6,528        

furloughs granted under divisions (A)(1)(c) and (d) of this        6,529        

section.                                                                        

      (F)  A prisoner who violates any rule established by the     6,531        

department of rehabilitation and correction under this section     6,532        

may be returned to the state correctional institution from which   6,534        

the prisoner was furloughed, but such a violation does not         6,535        

constitute cause for denial of credit toward completion of the     6,536        

prisoner's sentence of the time the prisoner was on furlough THE   6,537        

PROCEDURE FOR GRANTING AN ESCORTED VISIT UNDER THIS SECTION IS     6,538        

SEPARATE FROM, AND INDEPENDENT OF, THE TRANSITIONAL CONTROL        6,539        

                                                          159    

                                                                 
PROGRAM DESCRIBED IN SECTION 2967.26 OF THE REVISED CODE.          6,540        

      Sec. 2967.28.  (A)  As used in this section:                 6,549        

      (1)  "Post-release control" means a period of supervision    6,552        

by the adult parole authority after release from imprisonment                   

that includes one or more post-release control sanctions imposed   6,553        

under this section.                                                6,554        

      (2)  "Post-release control sanction" means a sanction that   6,557        

is authorized under sections 2929.16 to 2929.18 of the Revised     6,558        

Code and that is imposed upon a prisoner upon the prisoner's       6,559        

release from a prison term.                                                     

      (3)  "Monitored time" means the monitored time sanction      6,562        

specified in section 2929.17 of the Revised Code.                  6,563        

      (4)(2)  "Deadly weapon" and "dangerous ordnance" have the    6,566        

same meanings as in section 2923.11 of the Revised Code.           6,567        

      (5)(3)  "Felony sex offense" means a violation of a section  6,569        

contained in Chapter 2907. of the Revised Code that is a felony.   6,571        

      (B)  Each sentence to a prison term for a felony of the      6,574        

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  6,576        

sex offense and in the commission of which the offender caused or  6,577        

threatened to cause physical harm to a person shall include a                   

requirement that the offender be subject to a period of            6,578        

post-release control imposed by the parole board after the         6,579        

offender's release from imprisonment.  Unless reduced by the       6,580        

parole board pursuant to division (D) of this section when         6,581        

authorized under that division, a period of post-release control   6,583        

required by this division for an offender shall be of one of the   6,584        

following periods:                                                              

      (1)  For a felony of the first degree or for a felony sex    6,586        

offense, five years;                                               6,587        

      (2)  For a felony of the second degree that is not a felony  6,589        

sex offense, three years;                                          6,590        

      (3)  For a felony of the third degree that is not a felony   6,592        

sex offense and in the commission of which the offender caused or  6,593        

                                                          160    

                                                                 
threatened physical harm to a person, three years.                 6,594        

      (C)  Any sentence to a prison term for a felony of the       6,597        

third, fourth, or fifth degree that is not subject to division     6,598        

(B)(1) or (3) of this section shall include a requirement that     6,599        

the offender be subject to a period of post-release control of up  6,600        

to three years after the offender's release from imprisonment, if  6,601        

the parole board, in accordance with division (D) of this          6,602        

section, determines that a period of post-release control is       6,603        

necessary for that offender.                                                    

      (D)(1)  Before the prisoner is released from imprisonment,   6,606        

the parole board shall impose upon a prisoner described in         6,608        

division (B) of this section, may impose upon a prisoner           6,609        

described in division (C) of this section, and shall impose upon   6,610        

a prisoner described in division (B)(2)(b) of section 5120.031 or  6,611        

in division (B)(1) of section 5120.032 of the Revised Code, one    6,613        

or more post-release control sanctions to apply during the         6,614        

prisoner's period of post-release control.  Whenever the board                  

imposes one or more post-release control sanctions upon a          6,615        

prisoner, the board, in addition to imposing the sanctions, also   6,616        

shall include as a condition of the post-release control the       6,617        

mandatory condition described in division (A) of section 2967.131  6,618        

of the Revised Code.  The board may impose any other conditions    6,619        

of release under a post-release control sanction that the board                 

considers appropriate.  Prior to the release of a prisoner for     6,621        

whom it will impose one or more post-release control sanctions     6,622        

under this division, the parole board shall review the prisoner's  6,623        

criminal history, all juvenile court adjudications finding the     6,625        

prisoner, while a juvenile, to be a delinquent child, and the      6,626        

record of the prisoner's conduct while imprisoned.  The parole     6,627        

board shall consider any recommendation regarding post-release     6,628        

control sanctions for the prisoner made by the office of victims'               

services.  After considering those materials, the board shall      6,629        

determine, for a prisoner described in division (B) of this        6,631        

section, division (B)(2)(b) of section 5120.031, or division       6,632        

                                                          161    

                                                                 
(B)(1) of section 5120.032 of the Revised Code, which              6,633        

post-release control sanction or combination of post-release       6,634        

control sanctions is reasonable under the circumstances or, for a  6,635        

prisoner described in division (C) of this section, whether a      6,636        

post-release control sanction is necessary and, if so, which       6,637        

post-release control sanction or combination of post-release       6,638        

control sanctions is reasonable under the circumstances.  In the   6,639        

case of a prisoner convicted of a felony of the fourth or fifth    6,641        

degree other than a felony sex offense, the board shall presume                 

that monitored time is the appropriate post-release control        6,642        

sanction unless the board determines that a more restrictive       6,643        

sanction is warranted.  A post-release control sanction imposed    6,644        

under this division takes effect upon the prisoner's release from  6,645        

imprisonment.                                                      6,646        

      (2)  At any time after a prisoner is released from           6,649        

imprisonment and during the period of post-release control                      

applicable to the releasee, the adult parole authority may review  6,652        

the releasee's behavior under the post-release control sanctions   6,653        

imposed upon the releasee under this section.  The authority may                

determine, based upon the review and in accordance with the        6,654        

standards established under division (E) of this section, that a   6,655        

more restrictive or a less restrictive sanction is appropriate     6,657        

and may impose a different sanction.  Unless the period of         6,658        

post-release control was imposed for an offense described in       6,659        

division (B)(1) of this section, the authority also may recommend  6,660        

that the parole board reduce the duration of the period of         6,661        

post-release control imposed by the court.  If the authority       6,662        

recommends that the board reduce the duration of control for an    6,663        

offense described in division (B)(2), (B)(3), or (C) of this       6,664        

section, the board shall review the releasee's behavior and may    6,666        

reduce the duration of the period of control imposed by the        6,667        

court.  In no case shall the board reduce the duration of the      6,668        

period of control imposed by the court for an offense described                 

in division (B)(1) of this section, and in no case shall the       6,669        

                                                          162    

                                                                 
board eliminate the mandatory condition described in division (A)  6,670        

of section 2967.131 of the Revised Code.                           6,671        

      (E)  The department of rehabilitation and correction, in     6,673        

accordance with Chapter 119. of the Revised Code, shall adopt      6,674        

rules that do all of the following:                                6,675        

      (1)  Establish standards for the imposition by the parole    6,678        

board of post-release control sanctions under this section that    6,679        

are consistent with the overriding purposes and sentencing                      

principles set forth in section 2929.11 of the Revised Code and    6,681        

that are appropriate to the needs of releasees;                                 

      (2)  Establish standards by which the parole board can       6,683        

determine which prisoners described in division (C) of this        6,685        

section should be placed under a period of post-release control;   6,686        

      (3)  Establish standards to be used by the parole board in   6,689        

reducing the duration of the period of post-release control                     

imposed by the court when authorized under division (D) of this    6,690        

section, in imposing a more restrictive post-release control       6,692        

sanction than monitored time upon a prisoner convicted of a                     

felony of the fourth or fifth degree other than a felony sex       6,694        

offense, or in imposing a less restrictive control sanction upon   6,696        

a releasee based on the releasee's activities including, but not   6,697        

limited to, remaining free from criminal activity and from the     6,698        

abuse of alcohol or other drugs, successfully participating in     6,699        

approved rehabilitation programs, maintaining employment, and                   

paying restitution to the victim or meeting the terms of other     6,700        

financial sanctions;                                               6,701        

      (4)  Establish standards to be used by the adult parole      6,703        

authority in modifying a releasee's post-release control           6,704        

sanctions pursuant to division (D)(2) of this section;             6,705        

      (5)  Establish standards to be used by the adult parole      6,707        

authority or parole board in imposing further sanctions under      6,708        

division (F) of this section on releasees who violate              6,709        

post-release control sanctions, including standards that do the    6,710        

following:                                                                      

                                                          163    

                                                                 
      (a)  Classify violations according to the degree of          6,712        

seriousness;                                                                    

      (b)  Define the circumstances under which formal action by   6,715        

the parole board is warranted;                                                  

      (c)  Govern the use of evidence at violation hearings;       6,717        

      (d)  Ensure procedural due process to an alleged violator;   6,719        

      (e)  Prescribe nonresidential community control sanctions    6,722        

for most misdemeanor and technical violations;                                  

      (f)  Provide procedures for the return of a releasee to      6,724        

imprisonment for violations of post-release control.               6,725        

      (F)(1)  If a post-release control sanction is imposed upon   6,727        

an offender under this section, the offender upon release from     6,729        

imprisonment shall be under the general jurisdiction of the adult  6,731        

parole authority and generally shall be supervised by the parole   6,732        

supervision section through its staff of parole and field                       

officers as described in section 5149.04 of the Revised Code, as   6,734        

if the offender had been placed on parole.  If the offender upon   6,735        

release from imprisonment violates the post-release control        6,736        

sanction or the mandatory condition described in division (A) of   6,737        

section 2967.131 of the Revised Code, the public or private                     

person or entity that operates or administers the sanction or the  6,739        

program or activity that comprises the sanction shall report the   6,740        

violation directly to the adult parole authority or to the         6,741        

officer of the authority who supervises the offender.  The         6,742        

authority's officers may treat the offender as if the offender     6,743        

were on parole and in violation of the parole, and otherwise       6,744        

shall comply with this section.                                                 

      (2)  If the adult parole authority determines that a         6,746        

releasee has violated a post-release control sanction or the       6,747        

mandatory condition described in division (A) of section 2967.131  6,748        

of the Revised Code imposed upon the releasee and that a more      6,750        

restrictive sanction is appropriate, the authority may impose a    6,751        

more restrictive sanction upon the releasee, in accordance with    6,752        

the standards established under division (E) of this section, or   6,754        

                                                          164    

                                                                 
may report the violation to the parole board for a hearing                      

pursuant to division (F)(3) of this section.  The authority may    6,756        

not, pursuant to this division, increase the duration of the       6,757        

releasee's post-release control, impose as a post-release control  6,758        

sanction a residential sanction that includes a prison term, or    6,759        

eliminate the mandatory condition described in division (A) of     6,760        

section 2967.131 of the Revised Code.                              6,761        

      (3)  The parole board may hold a hearing on any alleged      6,764        

violation by a releasee of a post-release control sanction or the  6,765        

mandatory condition described in division (A) of section 2967.131  6,766        

of the Revised Code imposed upon the releasee.  If after the                    

hearing the board finds that the releasee violated the sanction    6,769        

or mandatory condition, the board may increase the duration of     6,771        

the releasee's post-release control up to the maximum duration     6,772        

authorized by division (B) or (C) of this section or impose a      6,773        

more restrictive post-release control sanction, but in no case     6,774        

shall the board eliminate the mandatory condition described in     6,775        

division (A) of section 2967.131 of the Revised Code.  When        6,776        

appropriate, the board may impose as a post-release control        6,777        

sanction a residential sanction that includes a prison term.  The  6,779        

board shall consider a prison term as a post-release control                    

sanction imposed for a violation of post-release control when the  6,780        

violation involves a deadly weapon or dangerous ordnance,          6,782        

physical harm or attempted serious physical harm to a person, or   6,783        

sexual misconduct, or when the releasee committed repeated         6,784        

violations of post-release control sanctions.  The period of a     6,785        

prison term that is imposed as a post-release control sanction     6,787        

under this division shall not exceed nine months, and the maximum  6,788        

cumulative prison term for all violations under this section       6,789        

shall not exceed one-half of the stated prison term originally     6,790        

imposed upon the offender as part of this sentence.  The period    6,791        

of a prison term that is imposed as a post-release control         6,792        

sanction under this division shall not count as, or be credited    6,793        

toward, the remaining period of post-release control.                           

                                                          165    

                                                                 
      (4)  A releasee who has violated any post-release control    6,796        

sanction or the mandatory condition described in division (A) of   6,797        

section 2967.131 of the Revised Code imposed upon the releasee by               

committing a felony may be prosecuted for the new felony, and,     6,799        

upon conviction, the court shall impose sentence for the new       6,800        

felony.  In addition to the sentence imposed for the new felony,   6,801        

the court may impose a prison term for the violation, and the      6,802        

term imposed for the violation shall be reduced by the prison      6,803        

term that is administratively imposed by the parole board or       6,804        

adult parole authority as a post-release control sanction.  The                 

maximum prison term for the violation shall be either the maximum  6,806        

period of post-release control for the earlier felony under                     

division (B) or (C) of this section minus any time the releasee    6,809        

has spent under post-release control for the earlier felony or     6,810        

twelve months, whichever is greater.  A prison term imposed for    6,811        

the violation shall be served consecutively to any prison term     6,812        

imposed for the new felony.  A prison term imposed for the         6,813        

violation, and a prison term imposed for the new felony, shall                  

not count as, or be credited toward, the remaining period of       6,814        

post-release control imposed for the earlier felony.               6,815        

      (5)  Any period of post-release control shall commence upon  6,817        

an offender's actual release from prison.  If an offender is       6,818        

serving an indefinite prison term or a life sentence in addition   6,819        

to a stated prison term, the offender shall serve the period of    6,820        

post-release control in the following manner:                      6,821        

      (a)  If a period of post-release control is imposed upon     6,823        

the offender and if the offender also is subject to a period of    6,824        

parole under a life sentence or an indefinite sentence, and if     6,825        

the period of post-release control ends prior to the period of     6,826        

parole, the offender shall be supervised on parole.  The offender  6,827        

shall receive credit for post-release control supervision during   6,828        

the period of parole.  The offender is not eligible for final      6,829        

release under section 2967.16 of the Revised Code until the                     

post-release control period otherwise would have ended.            6,830        

                                                          166    

                                                                 
      (b)  If a period of post-release control is imposed upon     6,832        

the offender and if the offender also is subject to a period of    6,833        

parole under an indefinite sentence, and if the period of parole   6,834        

ends prior to the period of post-release control, the offender     6,835        

shall be supervised on post-release control.  The requirements of  6,836        

parole supervision shall be satisfied during the post-release      6,837        

control period.                                                                 

      (c)  If an offender is subject to more than one period of    6,839        

post-release control, the period of post-release control for all   6,840        

of the sentences shall be the period of post-release control that  6,841        

expires last, as determined by the parole board.  Periods of       6,842        

post-release control shall be served concurrently and shall not    6,843        

be imposed consecutively to each other.                                         

      (d)  The period of post-release control for a releasee who   6,846        

commits a felony while under post-release control for an earlier   6,847        

felony shall be the longer of the period of post-release control   6,848        

specified for the new felony under division (B) or (C) of this     6,849        

section or the time remaining under the period of post-release     6,850        

control imposed for the earlier felony as determined by the        6,851        

parole board.                                                                   

      Sec. 2969.21.  As used in sections 2969.21 to 2969.27 of     6,860        

the Revised Code:                                                  6,861        

      (A)  "Clerk" means the elected or appointed clerk of any     6,863        

court in this state, except the court of claims, in which an       6,864        

inmate has commenced a civil action or has filed an appeal of the  6,865        

judgment or order in a civil action of that nature.                6,866        

      (B)(1)  "Civil action or appeal against a government entity  6,868        

or employee" means any of the following:                           6,869        

      (a)  A civil action that an inmate commences against the     6,872        

state, a political subdivision, or an employee of the state or a                

political subdivision in a court of common pleas, court of         6,873        

appeals, county court, or municipal court or in the supreme        6,874        

court;                                                                          

      (b)  An appeal of the judgment or order in a civil action    6,877        

                                                          167    

                                                                 
of the type described in division (B)(1)(a) of this section that   6,879        

an inmate files in a court of appeals or in the supreme court.                  

      (2)  "Civil action or appeal against a governmental entity   6,881        

or employee" does not include any civil action that an inmate      6,882        

commences against the state, a political subdivision, or an        6,883        

employee of the state or a political subdivision in the court of   6,885        

claims or an appeal of the judgment or order entered by the court  6,886        

of claims in a civil action of that nature, that an inmate files                

in a court of appeals or the supreme court.                        6,887        

      (C)  "Employee" means an officer or employee of the state    6,890        

or of a political subdivision who is acting under color of state                

law.                                                                            

      (D)  "Inmate" means a person who is in actual confinement    6,893        

in a state correctional institution or in a county, multicounty,   6,894        

municipal, municipal-county, or multicounty-municipal jail or      6,895        

workhouse OR A RELEASEE WHO IS SERVING A SANCTION IN A VIOLATION   6,896        

SANCTION CENTER.                                                                

      (E)  "Inmate account" means an account maintained by the     6,899        

department of rehabilitation and correction under rules adopted    6,900        

by the director of rehabilitation and correction pursuant to       6,901        

section 5120.01 of the Revised Code or a similar account           6,902        

maintained by a sheriff or any other administrator of a jail or    6,903        

workhouse OR BY THE ADMINISTRATOR OF A VIOLATION SANCTION CENTER.  6,904        

      (F)  "Political subdivision" means a county, township,       6,906        

city, or village; the office of an elected officer of a county,    6,907        

township, city, or village; or a department, board, office,        6,908        

commission, agency, institution, or other instrumentality of a     6,909        

county, township, city, or village.                                             

      (G)  "State" has the same meaning as in section 2743.01 of   6,911        

the Revised Code.                                                  6,912        

      (H)  "State correctional institution" has the same meaning   6,915        

as in section 2967.01 of the Revised Code.                         6,916        

      (I)  "VIOLATION SANCTION CENTER" MEANS AN ALTERNATIVE        6,918        

RESIDENTIAL FACILITY THAT HOUSES RELEASEES WHO HAVE VIOLATED A     6,919        

                                                          168    

                                                                 
POST-RELEASE CONTROL SANCTION OR THE TERMS AND CONDITIONS OF       6,920        

PAROLE OR OF A CONDITIONAL PARDON AND THAT IS OPERATED PURSUANT    6,921        

TO SECTION 2967.141 OF THE REVISED CODE.                                        

      Sec. 2969.22.  (A)(1)  Whenever an inmate commences a civil  6,930        

action or appeal against a government entity or employee on or     6,931        

after the effective date of this section OCTOBER 17, 1996, all of  6,933        

the following apply:                                                            

      (a)  The clerk of the court in which the civil action or     6,935        

appeal is filed shall notify the inmate and either the department  6,936        

of rehabilitation and correction or, if the inmate is confined in  6,937        

a jail or workhouse, the sheriff or other administrator of the     6,939        

jail or workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION  6,940        

CENTER, WHICHEVER HAS PHYSICAL CUSTODY OF THE INMATE, of the       6,941        

deductions and procedures required by divisions (A) to (D) of      6,942        

this section, and shall identify in the notice the civil action    6,943        

or appeal by case name, case number, name of each party, and the   6,944        

court in which the civil action or appeal was brought.             6,945        

      (b)  The clerk of the court in which the civil action or     6,947        

appeal is filed shall charge to the inmate either the total        6,948        

payment of the requisite fees that are described in section        6,949        

2303.20 of the Revised Code or that otherwise are applicable to    6,951        

actions or appeals filed in that court or, if the inmate has                    

submitted an affidavit of indigency, all funds in the inmate       6,953        

account of that inmate in excess of ten dollars, and shall notify               

the inmate of the charge.                                          6,954        

      (c)  Unless the amount charged under division (A)(1)(b) of   6,957        

this section constitutes the total amount of the requisite fees,   6,958        

all income in the inmate account of the inmate shall be forwarded  6,959        

to the clerk of the court during each calendar month following     6,960        

the month in which the inmate filed the civil action or appeal                  

until the total payment of the requisite fees occurs.  The first   6,961        

ten dollars in the inmate account of the inmate each month shall   6,963        

be excluded from that forwarding requirement.  If multiple                      

charges are assessed to an inmate account under this division,     6,964        

                                                          169    

                                                                 
charges shall be calculated on the basis of the inmate's total     6,965        

income and shall be paid as described in this division until the   6,966        

charges exceed one hundred per cent of nonexcluded funds in the    6,967        

inmate account; thereafter, all unpaid fees shall be paid          6,968        

simultaneously from the inmate account of the inmate to the                     

appropriate court or courts pro rata.                              6,969        

      (d)  Upon receipt of the notice of the requisite fees        6,971        

payable pursuant to divisions (A)(1)(a) to (c) of this section,    6,973        

the department, sheriff, or other administrator of the jail or     6,974        

workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION CENTER   6,975        

shall deduct from the inmate account of the inmate and transmit    6,976        

to the clerk of the appropriate court the appropriate amounts of   6,977        

the requisite fees as described in divisions (A)(1)(b) and (c) of  6,978        

this section.                                                                   

      (2)  The procedures described in this section apply          6,980        

notwithstanding any contrary court rule or the filing of a         6,981        

poverty affidavit.                                                              

      (3)  This section does not limit the clerk of a court of     6,983        

common pleas, court of appeals, county court, or municipal court   6,984        

or the clerk of the supreme court from considering any other       6,985        

inmate resources separate and apart from an inmate account of an   6,986        

inmate in evaluating the inmate's ability to pay court costs,      6,987        

fees, awards, or other amounts.                                                 

      (B)  An inmate who commences a civil action or appeal        6,989        

against a governmental entity or employee on or after the          6,990        

effective date of this section OCTOBER 17, 1996, shall be          6,992        

considered to have authorized payment as the plaintiff in the                   

civil action or the appellant in the appeal of the requisite fees  6,993        

that are described in section 2303.20 of the Revised Code or that  6,994        

otherwise are applicable to actions or appeals filed in the court  6,995        

in which the action or appeal is filed, using the procedures set   6,996        

forth in this section, until total payment of the requisite fees.  6,997        

      (C)(1)  If an inmate files a civil action or appeal against  6,999        

a government entity or employee on or after the effective date of  7,001        

                                                          170    

                                                                 
this section OCTOBER 17, 1996, upon the termination of the civil   7,002        

action or appeal, the clerk of the court in which the action or    7,004        

appeal was filed shall notify the department of rehabilitation     7,005        

and correction or, if the inmate is confined in a jail or          7,007        

workhouse, the sheriff or other administrator of the jail or                    

workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION CENTER   7,008        

of the outcome of the civil action or appeal and shall identify    7,009        

the civil action or appeal by case name, case number, name of      7,010        

each party, and the court in which the civil action or appeal was  7,011        

brought.                                                                        

      (2)  The department of rehabilitation and correction or,     7,013        

the sheriff or other administrator of a jail or workhouse, OR THE  7,015        

ADMINISTRATOR OF THE VIOLATION SANCTION CENTER shall keep in the   7,016        

inmate's file a record of the information supplied by the clerk    7,019        

of the appropriate court under division (C)(1) of this section.    7,020        

      (D)  If an inmate is to be released from confinement prior   7,022        

to the total payment of the requisite fees as provided in          7,024        

divisions (A) and (B) of this section, the department of           7,026        

rehabilitation and correction or, if the confinement was in a                   

jail or workhouse, the sheriff or other administrator of the jail  7,027        

or workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION       7,028        

CENTER, WHICHEVER HAS PHYSICAL CUSTODY OF THE INMATE, shall        7,029        

inform the clerk of the court of common pleas, court of appeals,   7,031        

county court, municipal court, or supreme court of the release.    7,032        

The department, sheriff, or other administrator of the jail or     7,034        

workhouse, OR ADMINISTRATOR OF THE VIOLATION SANCTION CENTER       7,035        

shall deduct from the inmate account of the inmate in the month    7,037        

of the inmate's release from custody an amount sufficient to pay   7,038        

the remainder of the requisite fees owed and transmit that amount  7,039        

to the clerk.  If there are insufficient funds in the inmate       7,040        

account of the inmate to totally pay the requisite fees, the       7,041        

department, sheriff, or other administrator of the jail or         7,042        

workhouse, OR ADMINISTRATOR OF THE VIOLATION SANCTION CENTER       7,043        

shall deduct the balance of the account and transmit that amount   7,045        

                                                          171    

                                                                 
to the clerk.  The clerk shall inform the court of the amount of   7,046        

the requisite fees still owed.                                                  

      Sec. 2969.24.  (A)  If an inmate files a civil action or     7,055        

appeal against a government entity or employee, the court in       7,056        

which the action or appeal is filed, on its own motion or on the   7,058        

motion of a party, may dismiss the civil action or appeal at any                

stage in the proceedings if the court finds any of the following:  7,059        

      (1)  The allegation of indigency in a poverty affidavit      7,061        

filed by the inmate is false.                                      7,062        

      (2)  The claim that is the basis of the civil action or the  7,064        

issues of law that are the basis of the appeal are frivolous or    7,065        

malicious.                                                                      

      (3)  The inmate filed an affidavit required by section       7,067        

2969.25 or 2969.26 of the Revised Code that was materially false.  7,069        

      (B)  For the purposes of this section, in determining        7,072        

whether a claim that is the basis of the civil action or the       7,073        

issues of law that are the basis of the appeal are frivolous or    7,074        

malicious, the court may consider whether any of the following     7,075        

applies:                                                                        

      (1)  The claim fails to state a claim or the issues of law   7,077        

fail to state any issues of law.                                   7,078        

      (2)  The claim has no arguable basis in law or fact or the   7,080        

issues of law have no arguable basis in law.                       7,081        

      (3)  It is clear that the inmate cannot prove material       7,083        

facts in support of the claim or in support of the issues of law.  7,084        

      (4)  The claim that is the basis of the civil action is      7,086        

substantially similar to a claim in a previous civil action filed  7,088        

by the inmate or the issues of law that are the basis of the       7,089        

appeal are substantially similar to issues of law raised in a      7,090        

previous appeal filed by the inmate, in that the claim that is                  

the basis of the current civil action or the issues of law that    7,091        

are the basis of the current appeal involve the same parties or    7,092        

arise from the same operative facts as the claim or issues of law  7,093        

in the previous civil action or appeal.                                         

                                                          172    

                                                                 
      (C)  If a party files a motion requesting the dismissal of   7,095        

a civil action or appeal under division (A) of this section, the   7,096        

court shall hold a hearing on the motion.  If the court raises     7,097        

the issue of the dismissal of a civil action or appeal under       7,098        

division (A) of this section by its own motion, the court may      7,099        

hold a hearing on the motion.  If practicable, the court may hold  7,101        

the hearing described in this division by telephone or, in the                  

alternative, at the state correctional institution, jail, or       7,103        

workhouse, OR VIOLATION SANCTION CENTER in which the inmate is     7,104        

confined.                                                          7,105        

      (D)  On the filing of a motion for dismissal of a civil      7,107        

action under division (A) of this section, the court may suspend   7,109        

discovery relating to the civil action pending the determination   7,110        

of the motion.                                                                  

      (E)  Divisions (A) to (D) of this section do not limit the   7,113        

authority of the court in which the civil action or appeal is                   

filed to otherwise dismiss the civil action or appeal.             7,114        

      Sec. 2969.26.  (A)  If an inmate commences a civil action    7,123        

or appeal against a government entity or employee and if the       7,124        

inmate's claim in the civil action or the inmate's claim in the    7,125        

civil action that is being appealed is subject to the grievance    7,127        

system for the state correctional institution, jail, or            7,128        

workhouse, OR VIOLATION SANCTION CENTER in which the inmate is     7,129        

confined, the inmate shall file both of the following with the     7,130        

court:                                                                          

      (1)  An affidavit stating that the grievance was filed and   7,133        

the date on which the inmate received the decision regarding the                

grievance.                                                         7,134        

      (2)  A copy of any written decision regarding the grievance  7,137        

from the grievance system.                                                      

      (B)  If the civil action or appeal is commenced before the   7,139        

grievance system process is complete, the court shall stay the     7,141        

civil action or appeal for a period not to exceed one hundred      7,142        

eighty days to permit the completion of the grievance system       7,143        

                                                          173    

                                                                 
process.                                                                        

      Sec. 3313.65.  (A)  As used in this section and section      7,152        

3313.64 of the Revised Code:                                       7,153        

      (1)  A person is "in a residential facility" if the person   7,155        

is a resident or a resident patient of an institution, home, or    7,156        

other residential facility that is:                                7,157        

      (a)  Licensed as a nursing home, residential care facility,  7,159        

or home for the aging by the director of health under section      7,161        

3721.02 of the Revised Code or licensed as a community             7,162        

alternative home by the director of health under section 3724.03   7,163        

of the Revised Code;                                                            

      (b)  Licensed as an adult care facility by the director of   7,165        

health under Chapter 3722. of the Revised Code;                    7,166        

      (c)  Maintained as a county home or district home by the     7,168        

board of county commissioners or a joint board of county           7,169        

commissioners under Chapter 5155. of the Revised Code;             7,170        

      (d)  Operated or administered by a board of alcohol, drug    7,172        

addiction, and mental health services under section 340.03 or      7,173        

340.06 of the Revised Code, or provides residential care pursuant  7,174        

to contracts made under section 340.03 or 340.033 of the Revised   7,175        

Code;                                                              7,176        

      (e)  Maintained as a state institution for the mentally ill  7,178        

under Chapter 5119. of the Revised Code;                           7,179        

      (f)  Licensed by the department of mental health under       7,181        

section 5119.20 or 5119.22 of the Revised Code;                    7,182        

      (g)  Licensed as a residential facility by the department    7,184        

of mental retardation and developmental disabilities under         7,185        

section 5123.19 of the Revised Code;                               7,186        

      (h)  Operated by the veteran's administration or another     7,188        

agency of the United States government;                            7,189        

      (i)  The Ohio soldiers' and sailors' home.                   7,191        

      (2)  A person is "in a correctional facility" if any of the  7,193        

following apply:                                                   7,194        

      (a)  The person is an Ohio resident and is:                  7,196        

                                                          174    

                                                                 
      (i)  Imprisoned, as defined in section 1.05 of the Revised   7,198        

Code;                                                              7,199        

      (ii)  Serving a term in a community-based correctional       7,201        

facility or a district community-based correctional facility;      7,202        

      (iii)  Required, as a condition of parole, shock parole,     7,204        

probation, shock probation, furlough TRANSITIONAL CONTROL, or      7,206        

early release from imprisonment, AS A CONDITION OF SHOCK PAROLE    7,207        

OR SHOCK PROBATION GRANTED UNDER THE LAW IN EFFECT PRIOR TO JULY   7,208        

1, 1996, OR AS A CONDITION OF A FURLOUGH GRANTED UNDER THE         7,209        

VERSION OF SECTION 2967.26 OF THE REVISED CODE IN EFFECT PRIOR TO  7,210        

THE EFFECTIVE DATE OF THIS AMENDMENT to reside in a halfway house  7,211        

or other community residential center licensed under section       7,212        

2967.14 of the Revised Code or a similar facility designated by    7,213        

the common pleas court that established the condition or by the    7,214        

adult parole authority.                                                         

      (b)  The person is imprisoned in a state correctional        7,216        

institution of another state or a federal correctional             7,217        

institution but was an Ohio resident at the time the sentence was  7,218        

imposed for the crime for which the person is imprisoned.          7,219        

      (3)  A person is "in a juvenile residential placement" if    7,221        

the person is an Ohio resident who is under twenty-one years of    7,222        

age and has been removed, by the order of a juvenile court, from   7,223        

the place the person resided at the time the person became         7,224        

subject to the court's jurisdiction in the matter that resulted    7,225        

in the person's removal.                                                        

      (B)  If the circumstances described in division (C) of this  7,227        

section apply, the determination of what school district must      7,228        

admit a child to its schools and what district, if any, is liable  7,229        

for tuition shall be made in accordance with this section, rather  7,230        

than section 3313.64 of the Revised Code.                          7,231        

      (C)  A child who does not reside in the school district in   7,233        

which the child's parent resides and for whom a tuition            7,234        

obligation previously has not been established under division      7,235        

(C)(2) of section 3313.64 of the Revised Code shall be admitted    7,236        

                                                          175    

                                                                 
to the schools of the district in which the child resides if at    7,237        

least one of the child's parents is in a residential or            7,238        

correctional facility or a juvenile residential placement and the  7,239        

other parent, if living and not in such a facility or placement,   7,240        

is not known to reside in this state.                              7,241        

      (D)  Regardless of who has custody or care of the child,     7,243        

whether the child resides in a home, or whether the child          7,244        

receives special education, if a district admits a child under     7,245        

division (C) of this section, tuition shall be paid to that        7,246        

district as follows:                                                            

      (1)  If the child's parent is in a juvenile residential      7,248        

placement, by the district in which the child's parent resided at  7,249        

the time the parent became subject to the jurisdiction of the      7,250        

juvenile court;                                                    7,251        

      (2)  If the child's parent is in a correctional facility,    7,253        

by the district in which the child's parent resided at the time    7,254        

the sentence was imposed;                                          7,255        

      (3)  If the child's parent is in a residential facility, by  7,257        

the district in which the parent resided at the time the parent    7,258        

was admitted to the residential facility, except that if the       7,259        

parent was transferred from another residential facility, tuition  7,260        

shall be paid by the district in which the parent resided at the   7,261        

time the parent was admitted to the facility from which the        7,262        

parent first was transferred;                                      7,263        

      (4)  In the event of a disagreement as to which school       7,265        

district is liable for tuition under division (C)(1), (2), or (3)  7,266        

of this section, the superintendent of public instruction shall    7,267        

determine which district shall pay tuition.                        7,268        

      (E)  If a child covered by division (D) of this section      7,270        

receives special education in accordance with Chapter 3323. of     7,271        

the Revised Code, the tuition shall be paid in accordance with     7,272        

section 3323.13 or 3323.14 of the Revised Code.  Tuition for       7,273        

children who do not receive special education shall be paid in     7,274        

accordance with division (I) of section 3313.64 of the Revised     7,275        

                                                          176    

                                                                 
Code.                                                              7,276        

      Sec. 5120.031.  (A)  As used in this section:                7,286        

      (1)  "Certificate of high school equivalence" means a        7,288        

statement that is issued by the state board of education or an     7,289        

equivalent agency of another state and that indicates that its     7,290        

holder has achieved the equivalent of a high school education as   7,291        

measured by scores obtained on the tests of general educational    7,292        

development published by the American council on education.        7,293        

      (2)  "Certificate of adult basic education" means a          7,295        

statement that is issued by the department of rehabilitation and   7,296        

correction through the Ohio central school system approved by the  7,297        

state board of education and that indicates that its holder has    7,298        

achieved a 6.0 grade level, or higher, as measured by scores of    7,299        

nationally standardized or recognized tests.                       7,300        

      (3)   "Deadly weapon" and "firearm" have the same meanings   7,302        

as in section 2923.11 of the Revised Code.                         7,303        

      (4)  "Eligible offender" means a person, other than one who  7,305        

is ineligible to participate in an intensive program prison under  7,307        

the criteria specified in section 5120.032 of the Revised Code,    7,308        

who has been convicted of or pleaded guilty to, and has been       7,310        

sentenced for, a felony.                                                        

      (5)  "Shock incarceration" means the program of              7,312        

incarceration that is established pursuant to the rules of the     7,313        

department of rehabilitation and correction adopted under this     7,314        

section.                                                           7,315        

      (B)(1)  The director of rehabilitation and correction, by    7,317        

rules adopted under Chapter 119. of the Revised Code, shall        7,318        

establish a pilot program of shock incarceration that may be used  7,319        

for eligible offenders who are sentenced to serve a term of        7,320        

imprisonment under the custody of the department of                7,321        

rehabilitation and correction and whom the department, subject to  7,322        

the approval of the sentencing judge, may permit to serve their    7,324        

sentence as a sentence of shock incarceration in accordance with   7,325        

this section.                                                                   

                                                          177    

                                                                 
      (2)  The rules for the pilot program shall require that the  7,327        

program be established at an appropriate state correctional        7,328        

institution designated by the director and that the program        7,329        

consist of both of the following for each eligible offender whom   7,331        

the department, with the approval of the sentencing judge,         7,333        

permits to serve the eligible offender's sentence as a sentence    7,334        

of shock incarceration:                                            7,335        

      (a)  A period of imprisonment at that institution of ninety  7,337        

days that shall consist of a military style combination of         7,338        

discipline, physical training, and hard labor and substance abuse  7,339        

education, employment skills training, social skills training,     7,340        

and psychological treatment.  During the ninety-day period, the    7,341        

department may permit an eligible offender to participate in a     7,342        

self-help program.  Additionally, during the ninety-day period,    7,343        

an eligible offender who holds a high school diploma or a          7,344        

certificate of high school equivalence may be permitted to tutor   7,345        

other eligible offenders in the shock incarceration program.  If   7,346        

an eligible offender does not hold a high school diploma or        7,347        

certificate of high school equivalence, the eligible offender may  7,348        

elect to participate in an education program that is designed to   7,350        

award a certificate of adult basic education or an education       7,351        

program that is designed to award a certificate of high school     7,352        

equivalence to those eligible offenders who successfully complete  7,353        

the education program, whether the completion occurs during or     7,354        

subsequent to the ninety-day period.  To the extent possible, the  7,355        

department shall use as teachers in the education program persons  7,356        

who have been issued a license pursuant to sections 3319.22 to     7,357        

3319.31 of the Revised Code, who have volunteered their services   7,358        

to the education program, and who satisfy any other criteria       7,359        

specified in the rules for the pilot project.                      7,360        

      (b)  Immediately following the ninety-day period of          7,362        

imprisonment, and notwithstanding any other provision governing    7,363        

the furlough or other early release of a prisoner from             7,364        

imprisonment OR THE TRANSFER OF A PRISONER TO TRANSITIONAL         7,365        

                                                          178    

                                                                 
CONTROL, one of the following, as determined by the director:      7,366        

      (i)  An intermediate, transitional type of detention for     7,369        

the period of time determined by the director and, immediately     7,370        

following the intermediate, transitional type of detention, a      7,371        

release under a post-release control sanction imposed in           7,372        

accordance with section 2967.28 of the Revised Code.  The period   7,374        

of intermediate, transitional type of detention imposed by the     7,375        

director under this division may be in a halfway house, in a       7,376        

community-based correctional facility and program or district      7,377        

community-based correctional facility and program established      7,378        

under sections 2301.51 to 2301.56 of the Revised Code, or in any   7,379        

other facility approved by the director that provides for          7,380        

detention to serve as a transition between imprisonment in a       7,381        

state correctional institution and release from imprisonment.      7,382        

      (ii)  A release under a post-release control sanction        7,385        

imposed in accordance with section 2967.28 of the Revised Code.    7,386        

      (3)  The rules for the pilot program also shall include,     7,388        

but are not limited to, all of the following:                      7,389        

      (a)  Rules identifying the locations within the state        7,391        

correctional institution designated by the director that will be   7,392        

used for eligible offenders serving a sentence of shock            7,393        

incarceration;                                                     7,394        

      (b)  Rules establishing specific schedules of discipline,    7,396        

physical training, and hard labor for eligible offenders serving   7,397        

a sentence of shock incarceration, based upon the offender's       7,398        

physical condition and needs;                                      7,399        

      (c)  Rules establishing standards and criteria for the       7,401        

department to use in determining which eligible offenders the      7,402        

department will permit to serve their sentence of imprisonment as  7,403        

a sentence of shock incarceration;                                 7,404        

      (d)  Rules establishing guidelines for the selection of      7,408        

post-release control sanctions for eligible offenders;             7,410        

      (e)   Rules establishing procedures for notifying            7,413        

sentencing courts of the performance of eligible offenders         7,414        

                                                          179    

                                                                 
serving their sentences of imprisonment as a sentence of shock     7,415        

incarceration;                                                     7,416        

      (f)  Any other rules that are necessary for the proper       7,419        

conduct of the pilot program.                                                   

      (C)(1)  Subject to disapproval by the sentencing judge, if   7,421        

an eligible offender is sentenced to a term of imprisonment under  7,423        

the custody of the department, the department may permit the       7,424        

eligible offender to serve the sentence as a sentence of shock     7,425        

incarceration, in accordance with this section and the rules       7,426        

adopted under this section.  At least three weeks prior to                      

permitting an eligible offender to serve a sentence of shock       7,429        

incarceration, the department shall notify the sentencing judge                 

of the proposed shock incarceration and of the fact that the       7,430        

judge may disapprove it.  If the sentencing judge disapproves of   7,432        

shock incarceration for the eligible offender, the judge shall     7,433        

notify the department of the disapproval within ten days after                  

receipt of the notice, and the department shall not permit the     7,435        

eligible offender to serve a sentence of shock incarceration.  If  7,436        

the judge does not timely disapprove of shock incarceration for    7,437        

the eligible offender, the department may proceed with plans for   7,438        

the shock incarceration.                                                        

      (2)  If the department permits an eligible offender to       7,440        

serve the eligible offender's sentence of imprisonment as a        7,441        

sentence of shock incarceration and the eligible offender does     7,442        

not satisfactorily complete the entire period of imprisonment      7,443        

described in division (B)(2)(a) of this section, the offender      7,444        

shall be removed from the pilot program for shock incarceration    7,445        

and shall be required to serve the remainder of the offender's     7,446        

sentence of imprisonment imposed by the sentencing court as a      7,448        

regular term of imprisonment.  If the eligible offender commences  7,449        

a period of post-release control described in division (B)(2)(b)   7,451        

of this section and violates the conditions of that post-release   7,452        

control, the eligible offender shall be subject to the provisions  7,453        

of sections 2967.15 and 2967.28 of the Revised Code regarding      7,455        

                                                          180    

                                                                 
violation of post-release control sanctions.                                    

      (3)  If an eligible offender's stated prison term expires    7,459        

at any time during the eligible offender's participation in the    7,461        

shock incarceration program, the adult parole authority shall      7,462        

terminate the eligible offender's participation in the program     7,464        

and shall issue to the eligible offender a certificate of          7,466        

expiration of the stated prison term.                              7,467        

      (D)  The director shall keep sentencing courts informed of   7,469        

the performance of eligible offenders serving their sentences of   7,470        

imprisonment as a sentence of shock incarceration, including, but  7,471        

not limited to, notice of eligible offenders who fail to           7,472        

satisfactorily complete their entire sentence of shock             7,473        

incarceration or who satisfactorily complete their entire          7,474        

sentence of shock incarceration.                                   7,475        

      (E)  Within a reasonable period of time after November 20,   7,478        

1990, the director shall appoint a committee to search for one or  7,481        

more suitable sites at which one or more programs of shock         7,482        

incarceration, in addition to the pilot program required by        7,483        

division (B)(1) of this section, may be established.  The search                

committee shall consist of the director or the director's          7,484        

designee, as chairman CHAIRPERSON; employees of the department of  7,486        

rehabilitation and correction appointed by the director; and any   7,487        

other persons that the director, in the director's discretion,     7,488        

appoints.  In searching for such sites, the search committee       7,490        

shall give preference to any site owned by the state or any other  7,491        

governmental entity and to any existing structure that reasonably  7,492        

could be renovated, enlarged, converted, or remodeled for          7,493        

purposes of establishing such a program.  The search committee     7,494        

shall prepare a report concerning its activities and, on the       7,495        

earlier of the day that is twelve months after the first day on    7,496        

which an eligible offender began serving a sentence of shock       7,497        

incarceration under the pilot program or January 1, 1992, shall    7,498        

file the report with the president and the minority leader of the  7,499        

senate, the speaker and the minority leader of the house of        7,500        

                                                          181    

                                                                 
representatives, the members of the senate who were members of     7,501        

the senate judiciary committee in the 118th general assembly or    7,502        

their successors, and the members of the house of representatives  7,503        

who were members of the select committee to hear drug legislation  7,504        

that was established in the 118th general assembly or their        7,505        

successors.  Upon the filing of the report, the search committee   7,506        

shall terminate.  The report required by this division shall       7,507        

contain all of the following:                                      7,508        

      (1)  A summary of the process used by the search committee   7,510        

in performing its duties under this division;                      7,511        

      (2)  A summary of all of the sites reviewed by the search    7,513        

committee in performing its duties under this division, and the    7,514        

benefits and disadvantages it found relative to the establishment  7,515        

of a program of shock incarceration at each such site;             7,516        

      (3)  The findings and recommendations of the search          7,518        

committee as to the suitable site or sites, if any, at which a     7,519        

program of shock incarceration, in addition to the pilot program   7,520        

required by division (B)(1) of this section, may be established.   7,521        

      (F)  The director periodically shall review the pilot        7,523        

program for shock incarceration required to be established by      7,524        

division (B)(1) of this section.  The director shall prepare a     7,525        

report relative to the pilot program and, on the earlier of the    7,526        

day that is twelve months after the first day on which an          7,527        

eligible offender began serving a sentence of shock incarceration  7,528        

under the pilot program or January 1, 1992, shall file the report  7,529        

with the president and the minority leader of the senate, the      7,530        

speaker and the minority leader of the house of representatives,   7,531        

the members of the senate who were members of the senate           7,532        

judiciary committee in the 118th general assembly or their         7,533        

successors, and the members of the house of representatives who    7,534        

were members of the select committee to hear drug legislation      7,535        

that was established in the 118th general assembly or their        7,536        

successors.  The pilot program shall not terminate at the time of  7,537        

the filing of the report, but shall continue in operation in       7,538        

                                                          182    

                                                                 
accordance with this section.  The report required by this         7,539        

division shall include all of the following:                       7,540        

      (1)  A summary of the pilot program as initially             7,542        

established, a summary of all changes in the pilot program made    7,543        

during the period covered by the report and the reasons for the    7,544        

changes, and a summary of the pilot program as it exists on the    7,545        

date of preparation of the report;                                 7,546        

      (2)  A summary of the effectiveness of the pilot program,    7,548        

in the opinion of the director and employees of the department     7,549        

involved in its operation;                                         7,550        

      (3)  An analysis of the total cost of the pilot program, of  7,552        

its cost per inmate who was permitted to serve a sentence of       7,553        

shock incarceration and who served the entire sentence of shock    7,554        

incarceration, and of its cost per inmate who was permitted to     7,555        

serve a sentence of shock incarceration;                           7,556        

      (4)  A summary of the standards and criteria used by the     7,558        

department in determining which eligible offenders were permitted  7,559        

to serve their sentence of imprisonment as a sentence of shock     7,560        

incarceration;                                                     7,561        

      (5)  A summary of the characteristics of the eligible        7,563        

offenders who were permitted to serve their sentence of            7,564        

imprisonment as a sentence of shock incarceration, which summary   7,565        

shall include, but not be limited to, a listing of every offense   7,566        

of which any such eligible offender was convicted or to which any  7,567        

such eligible offender pleaded guilty and in relation to which     7,568        

the eligible offender served a sentence of shock incarceration,    7,570        

and the total number of such eligible offenders who were           7,571        

convicted of or pleaded guilty to each such offense;               7,572        

      (6)  A listing of the number of eligible offenders who were  7,574        

permitted to serve a sentence of shock incarceration and who did   7,575        

not serve the entire sentence of shock incarceration, and, to the  7,576        

extent possible, a summary of the length of the terms of           7,577        

imprisonment served by such eligible offenders after they were     7,578        

removed from the pilot program;                                    7,579        

                                                          183    

                                                                 
      (7)  A summary of the effect of the pilot program on         7,581        

overcrowding at state correctional institutions;                   7,582        

      (8)  To the extent possible, an analysis of the rate of      7,584        

recidivism of eligible offenders who were permitted to serve a     7,585        

sentence of shock incarceration and who served the entire          7,586        

sentence of shock incarceration;                                   7,587        

      (9)  Recommendations as to legislative changes to the pilot  7,589        

program that would assist in its operation or that could further   7,590        

alleviate overcrowding at state correctional institutions, and     7,591        

recommendations as to whether the pilot program should be          7,592        

expanded.                                                          7,593        

      Sec. 5120.05.  Except as otherwise provided as to            7,602        

appointments by chiefs of divisions, the director of               7,603        

rehabilitation and correction shall appoint the employees that     7,604        

are necessary for the efficient conduct of the department of       7,605        

rehabilitation and correction and shall prescribe their titles     7,606        

and duties.  The department OF REHABILITATION AND CORRECTION may   7,607        

maintain, operate, manage, and govern all state institutions for   7,610        

the custody, control, training, and rehabilitation of persons      7,611        

convicted of crime and sentenced to correctional institutions.     7,612        

      The department may designate correctional institutions by    7,614        

appropriate respective names.                                      7,615        

      The department may receive from the department of youth      7,617        

services any children in the custody of the department of youth    7,618        

services, committed to the department of rehabilitation and        7,619        

correction by the department of youth services, upon the terms     7,620        

and conditions that are agreed upon by the departments.            7,621        

      Sec. 5120.06.  (A)  The following divisions are hereby       7,630        

established in the department of rehabilitation and correction:    7,633        

      (A)(1)  The division of business administration;             7,635        

      (B)(2)  The division of parole and community services.       7,637        

      (B)  The director OF REHABILITATION AND CORRECTION may       7,639        

establish other OFFICES, divisions IN ADDITION TO THOSE SPECIFIED  7,641        

IN DIVISION (A) OF THIS SECTION, BUREAUS, AND OTHER                7,642        

                                                          184    

                                                                 
ADMINISTRATIVE UNITS WITHIN THE DEPARTMENT OF REHABILITATION AND   7,643        

CORRECTION and prescribe their powers and duties.                  7,644        

      Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of  7,653        

the Revised Code:                                                               

      (A)  "Private, nonprofit organization" means a private       7,655        

association, organization, corporation, or other entity that is    7,656        

exempt from federal income taxation under section 501(a) and is    7,657        

described in section 501(c) of the "Internal Revenue Code of       7,658        

1986," 100 stat. STAT. 2085, 26 U.S.C.A. 501, as amended.          7,659        

      (B)  "Governmental agency" means a state agency; a           7,661        

municipal corporation, county, township, other political           7,662        

subdivision or special district in this state established by or    7,663        

pursuant to law, or a combination of those political subdivisions  7,664        

or special districts; the United States or a department,                        

division, or agency of the United States; or an agency,            7,665        

commission, or authority established pursuant to an interstate     7,666        

compact or agreement.                                              7,667        

      (C)  "State agency" means the state or one of its branches,  7,669        

offices, boards, commissions, authorities, departments,            7,670        

divisions, or other units or agencies of the state.                7,671        

      (D)  "Halfway house organization" means a private,           7,673        

nonprofit organization or a governmental agency that provides      7,674        

programs or activities in areas directly concerned with housing    7,675        

AND MONITORING offenders who are under the community supervision   7,677        

of the department of rehabilitation and correction or whom a       7,678        

court places in a halfway house pursuant to section 2929.16 of     7,679        

the Revised Code.                                                               

      (E)  "Halfway house facility" means a capital facility in    7,681        

this state to which all of the following apply:                    7,682        

      (1)  The construction of the capital facility is authorized  7,685        

or funded by the general assembly pursuant to division (C) of      7,686        

section 5120.105 of the Revised Code.                                           

      (2)  The state owns or has a sufficient real property        7,688        

interest in the capital facility or in the site of the capital     7,689        

                                                          185    

                                                                 
facility for a period of not less than the greater of the useful   7,690        

life of the capital facility, as determined by the director of     7,691        

budget and management using the guidelines for maximum maturities  7,693        

as provided under divisions (B), (C), and (E) of section 133.20    7,694        

of the Revised Code and certified to the department of             7,695        

rehabilitation and correction and the Ohio building authority, or  7,696        

the final maturity of obligations issued by the Ohio building                   

authority to finance the capital facility.                         7,697        

      (3)  The capital facility is managed directly by, or by      7,699        

contract with, the department of rehabilitation and correction     7,700        

and is used for housing offenders who are under the community      7,701        

supervision of the department of rehabilitation and correction or  7,702        

whom a court places in a halfway house pursuant to section         7,703        

2929.16 of the Revised Code.                                       7,704        

      (F)  "Construction" includes acquisition, demolition,        7,706        

reconstruction, alteration, renovation, remodeling, enlargement,   7,707        

improvement, site improvements, and related equipping and          7,708        

furnishing.                                                                     

      (G)  "General building services" means general building      7,711        

services for a halfway house facility that include, but are not    7,712        

limited to, general custodial care, security, maintenance,         7,713        

repair, painting, decoration, cleaning, utilities, fire safety,    7,714        

grounds and site maintenance and upkeep, and plumbing.             7,715        

      (H)  "Manage," "operate," or "management" means the          7,718        

provision of, or the exercise of control over the provision of,    7,719        

activities that relate to the housing of offenders in              7,720        

correctional facilities, including, but not limited to, providing  7,721        

for release services for offenders who are under the community     7,722        

supervision of the department of rehabilitation and correction,    7,723        

whom OR ARE PLACED BY a court places in a halfway house pursuant   7,724        

to section 2929.16 of the Revised Code, and who reside in halfway  7,725        

house facilities.                                                  7,726        

      Sec. 5120.103.  (A)  To the extent that funds are            7,736        

available, the department of rehabilitation and correction, in     7,737        

                                                          186    

                                                                 
accordance with this section and sections 5120.104 and 5120.105    7,738        

of the Revised Code, may construct or provide for the              7,739        

construction of halfway house facilities for offenders whom a      7,740        

court places in a halfway house pursuant to section 2929.16 of     7,741        

the Revised Code or who are eligible for community supervision by  7,742        

the department of rehabilitation and correction.                   7,743        

      (B)  A halfway house organization that seeks to construct    7,745        

ASSIST IN THE PROGRAM PLANNING OF a halfway house facility         7,746        

described in division (A) of this section shall file an            7,747        

application with the director of rehabilitation and correction.    7,748        

The applicant shall submit with the application a plan that        7,749        

specifies all of the services that will be provided to offenders   7,750        

whom a court places in a halfway house pursuant to section         7,751        

2929.16 of the Revised Code or who are eligible for community      7,752        

supervision by the department of rehabilitation and correction     7,753        

and who reside in the halfway house facility AS SET FORTH IN A     7,754        

REQUEST FOR PROPOSAL.  Upon the submission of an application, the  7,755        

division of parole and community services shall review it and, if  7,756        

the division believes it is appropriate, shall submit a            7,757        

recommendation for its approval to the director.  When the         7,758        

division submits a recommendation for approval of an application,  7,759        

the director may approve the application.  The director shall not  7,760        

take action or fail to take action, or permit the taking of        7,762        

action or the failure to take action, with respect to halfway      7,763        

house facilities that would adversely affect the exclusion of      7,764        

interest on public obligations or on fractionalized interests in   7,765        

public obligations from gross income for federal income tax        7,766        

purposes, or the classification or qualification of the public     7,767        

obligations or the interest on or fractionalized interests in      7,768        

public obligations for, or their exemption from, other treatment   7,769        

under the Internal Revenue Code.                                                

      (C)  The director of rehabilitation and correction and the   7,771        

halfway house organization may enter into an agreement             7,772        

establishing terms for the construction PROGRAM PLANNING of the    7,773        

                                                          187    

                                                                 
halfway house facility.  Any terms so established shall conform    7,775        

to the terms of any covenant or agreement pertaining to an                      

obligation from which the funds used for the construction of the   7,776        

halfway house facility are derived.                                7,777        

      (D)  The director of rehabilitation and correction, in       7,779        

accordance with Chapter 119. of the Revised Code, shall adopt      7,780        

rules that specify procedures by which a halfway house             7,781        

organization may apply for construction A CONTRACT FOR PROGRAM     7,782        

PLANNING of a halfway house facility CONSTRUCTED under this        7,783        

section, procedures for the department to follow in considering    7,784        

an application, criteria for granting approval of an application,  7,785        

and any other rules that are necessary for the proper conduct of   7,786        

the construction SELECTION OF PROGRAM PLANNERS of a halfway house  7,787        

facility.                                                                       

      Sec. 5120.104.  (A)  It is hereby declared to be a public    7,798        

purpose and an essential governmental function of the state that   7,799        

the department of rehabilitation and correction, in the name of    7,800        

the state and for the use and benefit of the department,           7,801        

purchase, acquire, construct, own, lease, or sublease capital      7,802        

facilities or sites for capital facilities for use as halfway      7,803        

house facilities.                                                               

      (B)  The director of rehabilitation and correction may       7,806        

lease or sublease capital facilities or sites for capital          7,807        

facilities under division (A) of this section to or from, and may  7,808        

make any other agreement with respect to the purchase,             7,809        

construction, management, or operation of those capital                         

facilities with, a halfway house organization that has the         7,810        

authority under the law to operate those capital facilities and    7,812        

OR the Ohio building authority.  The director may make any lease,  7,814        

sublease, or other agreement under this division without the       7,815        

necessity for advertisement, auction, competitive bidding, court                

order, or other action or formality otherwise required by law.     7,816        

Notwithstanding any other provision of the Revised Code, the       7,817        

director shall make each lease or sublease to or from the Ohio     7,818        

                                                          188    

                                                                 
building authority in accordance with division (D) of section      7,819        

152.24 of the Revised Code.                                                     

      (C)  The director, by a sale, lease, sublease, release, or   7,822        

other agreement, may dispose of real or personal property or a     7,823        

lesser interest in real or personal property that is held or       7,824        

owned by the state for the use and benefit of the department, if   7,825        

the department does not need the property or interest for its      7,826        

purposes.  The department shall make a sale, lease, sublease,      7,827        

release, or other agreement under this division upon the terms     7,828        

that it determines, subject to the approval by the governor in     7,829        

the case of a sale, lease, sublease, release, or other agreement   7,830        

regarding real property or an interest in real property.  The      7,831        

director may make a lease, sublease, or other grant of use of      7,832        

property or an interest in property under this division without    7,833        

the necessity for advertisement, auction, competitive bidding,     7,834        

court order, or other action or formality otherwise required by    7,835        

law.                                                                            

      (D)  The director may grant an easement or other interest    7,837        

in real property held by the state for the use and benefit of the  7,838        

department if that easement or interest will not interfere with    7,839        

the use of the property as a halfway house facility.               7,840        

      (E)  All property purchased, acquired, constructed, owned,   7,843        

leased, or subleased by the department in the exercise of its      7,844        

powers and duties are public property used exclusively for a       7,845        

public purpose, and that property and the income derived by the    7,846        

department from the property are exempt from all taxation within   7,847        

this state, including without limitation, ad valorem and excise    7,848        

taxes.                                                                          

      Sec. 5120.105.  (A)  The department of administrative        7,857        

services shall provide for the construction of a halfway house     7,858        

facility in conformity with Chapter 153. of the Revised Code,      7,859        

except that construction services may be provided by the           7,861        

department of rehabilitation and correction or by a halfway house               

organization that occupies, will occupy, or is responsible for     7,862        

                                                          189    

                                                                 
the management of the facility, as determined by the department    7,863        

of rehabilitation and correction.  The construction services to    7,864        

be provided by the halfway house organization under this division  7,865        

shall be specified in an agreement between the department of       7,866        

rehabilitation and correction, the department of administrative    7,867        

services, and the halfway house organization.                      7,868        

      (B)  In the absence of an agreement as specified in this     7,871        

division, the general building services for THE DIRECTOR OF        7,872        

REHABILITATION AND CORRECTION MAY ENTER INTO AN AGREEMENT WITH A   7,873        

HALFWAY HOUSE ORGANIZATION FOR THE MANAGEMENT OF a halfway house   7,874        

facility shall be provided by the department of rehabilitation     7,876        

and correction or by a halfway house organization that occupies,   7,877        

will occupy, or is responsible for the management of the           7,878        

facility, as determined by the department of rehabilitation and    7,879        

correction.  The halfway house organization that occupies, will    7,880        

occupy, or is responsible for the management of a halfway house    7,881        

facility shall pay the costs of management of and general          7,882        

building services for the halfway house facility as provided in    7,883        

an agreement between the department of rehabilitation and          7,884        

correction and the halfway house organization.                     7,885        

      (C)  No state funds, including state bond proceeds, shall    7,888        

be spent on the construction of a halfway house facility under     7,889        

sections 5120.102 to 5120.105 of the Revised Code, unless the      7,891        

general assembly has specifically authorized the spending of       7,892        

money on, or has made an appropriation to the department of        7,893        

rehabilitation and correction for, the construction of the         7,894        

halfway house facility or rental payments relating to the          7,895        

financing of the construction of that facility.  An authorization  7,896        

to spend money or an appropriation for planning a halfway house    7,897        

facility does not constitute an authorization to spend money on,   7,898        

or an appropriation for, the construction of that facility.        7,899        

Capital funds for the construction of halfway house facilities     7,900        

under sections 5120.102 to 5120.105 of the Revised Code shall be   7,903        

paid from the adult correctional building fund created by the      7,904        

                                                          190    

                                                                 
general assembly in the custody of the state treasurer.            7,905        

      Sec. 5120.16.  (A)  Persons sentenced to any institution,    7,914        

division, or place under the control of the department of          7,916        

rehabilitation and correction are committed to the control, care,  7,917        

and custody of the department.  Subject to division (B) of this    7,918        

section, the director of rehabilitation and correction or the      7,919        

director's designee may direct that persons sentenced to the       7,920        

department, or to any institution or place within the department,  7,921        

shall first be conveyed INITIALLY to an appropriate facility       7,922        

established and maintained by the department for reception,        7,923        

examination, observation, and classification of the persons so     7,924        

sentenced.  If a presentence investigation report was not          7,925        

prepared pursuant to section 2947.06 or 2951.03 of the Revised     7,926        

Code or Criminal Rule 32.2 regarding any person sentenced to the   7,927        

department or to any institution or place within the department,   7,928        

the director or the director's designee may order the                           

department's field staff to conduct an offender background         7,929        

investigation and prepare an offender background investigation     7,930        

report regarding the person.  The investigation and report shall   7,931        

be conducted in accordance with division (A) of section 2951.03    7,932        

of the Revised Code and the report shall contain the same          7,933        

information as a presentence investigation report prepared         7,934        

pursuant to that section.                                          7,935        

      When the examination, observation, and classification of     7,937        

the person have been completed by the facility and a written       7,938        

report of the examination, observation, and classification is      7,939        

filed with the commitment papers, the director or the director's   7,940        

designee, subject to division (B) of this section, shall assign    7,941        

the person to a suitable state institution or place maintained by  7,942        

the state within the director's department or shall designate      7,943        

that the person is to be housed in a county, multicounty,          7,944        

municipal, municipal-county, or multicounty-municipal jail or      7,945        

workhouse, if authorized by section 5120.161 of the Revised Code,               

there to be confined, cared for, treated, trained, and             7,946        

                                                          191    

                                                                 
rehabilitated until paroled, released in accordance with section   7,947        

2967.20, 2967.23 2929.20, 2967.26, or 2967.28 of the Revised       7,948        

Code, or otherwise released under the order of the court that      7,950        

imposed the person's sentence.  No person committed by a probate   7,951        

court, a trial court pursuant to section 2945.40, 2945.401, or     7,952        

2945.402 of the Revised Code subsequent to a finding of not                     

guilty by reason of insanity, or a juvenile court shall be         7,953        

assigned to a state correctional institution.                      7,954        

      If a person is sentenced, committed, or assigned for the     7,956        

commission of a felony to any one of the institutions or places    7,957        

maintained by the department or to a county, multicounty,          7,958        

municipal, municipal-county, or multicounty-municipal jail or      7,959        

workhouse, the department, by order duly recorded and subject to   7,960        

division (B) of this section, may transfer the person to any       7,961        

other institution, or, if authorized by section 5120.161 of the    7,962        

Revised Code, to a county, multicounty, municipal,                 7,963        

municipal-county, or multicounty-municipal jail or workhouse.      7,964        

      (B)  If the case of a child who is alleged to be a           7,966        

delinquent child is transferred for criminal prosecution to the    7,967        

appropriate court having jurisdiction of the offense pursuant to   7,968        

division (B) or (C) of section 2151.26 of the Revised Code, if     7,970        

the child is convicted of or pleads guilty to a felony in that     7,971        

case, if the child is sentenced to a prison term, as defined in    7,972        

section 2901.01 of the Revised Code, and if the child is under     7,973        

eighteen years of age when delivered to the custody of the         7,974        

department of rehabilitation and correction, all of the following  7,975        

apply regarding the housing of the child:                          7,976        

      (1)  Until the child attains eighteen years of age, subject  7,978        

to divisions (B)(2), (3), and (4) of this section, the department  7,980        

shall house the child in a housing unit in a state correctional                 

institution separate from inmates who are eighteen years of age    7,981        

or older.                                                          7,982        

      (2)  The department is not required to house the child in    7,984        

the manner described in division (B)(1) of this section if the     7,986        

                                                          192    

                                                                 
child does not observe the rules and regulations of the                         

institution or the child otherwise creates a security risk by      7,987        

being housed separately.                                                        

      (3)  If the department receives too few inmates who are      7,989        

under eighteen years of age to fill a housing unit in a state      7,990        

correctional institution separate from inmates who are eighteen    7,991        

years of age or older, as described in division (B)(1) of this     7,992        

section, the department may house the child in a housing unit in   7,993        

a state correctional institution that includes both inmates who    7,994        

are under eighteen years of age and inmates who are eighteen       7,995        

years of age or older and under twenty-one years of age.           7,996        

      (4)  Upon the child's attainment of eighteen years of age,   7,998        

the department may house the child with the adult population of    7,999        

the state correctional institution.                                8,000        

      (C)  The director or the director's designee shall develop   8,002        

a policy for dealing with problems related to infection with the   8,003        

human immunodeficiency virus.  The policy shall include methods    8,004        

of identifying individuals committed to the custody of the         8,005        

department who are at high risk of infection with the virus, AND   8,006        

counseling these THOSE individuals, and, if it is determined to    8,008        

be medically appropriate, offering them the opportunity to be      8,009        

given an HIV test approved by the director of health pursuant to   8,010        

section 3701.241 of the Revised Code.                              8,011        

      Arrangements for housing individuals diagnosed as having     8,013        

AIDS or an AIDS-related condition shall be made by the department  8,015        

based on security and medical considerations and in accordance                  

with division (B) of this section, if applicable.                  8,016        

      Sec. 5120.163.  AT THE TIME OF RECEPTION AND AT OTHER TIMES  8,018        

THE DIRECTOR DETERMINES TO BE APPROPRIATE, THE DEPARTMENT OF       8,019        

REHABILITATION AND CORRECTION MAY EXAMINE AND TEST A PRISONER FOR  8,020        

TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED  8,021        

TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES.  THE      8,023        

DEPARTMENT MAY TEST AND TREAT INVOLUNTARILY A PRISONER IN A STATE  8,024        

CORRECTIONAL INSTITUTION WHO REFUSES TO BE TESTED OR TREATED FOR   8,025        

                                                          193    

                                                                 
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED  8,026        

TO HEPATITIS A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE.           8,028        

      Sec. 5120.172.  A MINOR WHOSE CASE IS TRANSFERRED FOR        8,030        

CRIMINAL PROSECUTION PURSUANT TO SECTION 2151.26 OF THE REVISED    8,032        

CODE, WHO IS PROSECUTED AS AN ADULT AND IS CONVICTED OF OR PLEADS  8,033        

GUILTY TO ONE OR MORE OFFENSES IN THAT CASE, AND WHO IS SENTENCED  8,034        

TO A PRISON TERM OR TERM OF IMPRISONMENT IN A STATE CORRECTIONAL   8,036        

INSTITUTION FOR ONE OR MORE OF THOSE OFFENSES SHALL BE CONSIDERED               

EMANCIPATED FOR THE PURPOSE OF CONSENTING TO MEDICAL TREATMENT     8,038        

WHILE CONFINED IN THE STATE CORRECTIONAL INSTITUTION.              8,039        

      Sec. 5120.211.  (A)  AS USED IN THIS SECTION:                8,042        

      (1)  "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT    8,044        

IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF            8,045        

REHABILITATION AND CORRECTION BY THE DIRECTOR OF REHABILITATION    8,046        

AND CORRECTION, A COMMITTEE APPOINTED AT A STATE CORRECTIONAL      8,047        

INSTITUTION BY THE MANAGING OFFICER OF THE INSTITUTION, OR A DULY               

AUTHORIZED SUBCOMMITTEE OF A COMMITTEE OF THAT NATURE AND THAT IS  8,048        

DESIGNATED TO CARRY OUT QUALITY ASSURANCE PROGRAM ACTIVITIES.      8,049        

      (2)  "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE       8,051        

PROGRAM WITHIN THE DEPARTMENT OF REHABILITATION AND CORRECTION     8,052        

TO SYSTEMATICALLY REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND    8,053        

MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS               8,055        

INSTITUTIONS, THE SAFETY AND SECURITY OF PERSONS RECEIVING                      

MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS   8,057        

INSTITUTIONS, AND THE EFFICIENCY AND EFFECTIVENESS OF THE          8,058        

UTILIZATION OF STAFF AND RESOURCES IN THE DELIVERY OF MEDICAL AND  8,059        

MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS                            

INSTITUTIONS.                                                      8,060        

      (3)  "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDES THE     8,062        

ACTIVITIES OF THE INSTITUTIONAL AND CENTRAL OFFICE QUALITY         8,063        

ASSURANCE COMMITTEES, OF PERSONS WHO PROVIDE, COLLECT, OR COMPILE  8,064        

INFORMATION AND REPORTS REQUIRED BY QUALITY ASSURANCE COMMITTEES,  8,065        

AND OF PERSONS WHO RECEIVE, REVIEW, OR IMPLEMENT THE                            

RECOMMENDATIONS MADE BY QUALITY ASSURANCE COMMITTEES.  "QUALITY    8,066        

                                                          194    

                                                                 
ASSURANCE PROGRAM ACTIVITIES" INCLUDES CREDENTIALING, INFECTION    8,067        

CONTROL, UTILIZATION REVIEW INCLUDING ACCESS TO PATIENT CARE,      8,068        

PATIENT CARE ASSESSMENTS, MEDICAL AND MENTAL HEALTH RECORDS,       8,069        

MEDICAL AND MENTAL HEALTH RESOURCE MANAGEMENT, MORTALITY AND       8,071        

MORBIDITY REVIEW, AND IDENTIFICATION AND PREVENTION OF MEDICAL OR               

MENTAL HEALTH INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY  8,072        

ASSURANCE COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY    8,073        

ASSURANCE COMMITTEE.                                               8,074        

      (4)  "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS,      8,076        

RECORDS, MINUTES, AND REPORTS THAT EMANATE FROM QUALITY ASSURANCE  8,077        

PROGRAM ACTIVITIES.  "QUALITY ASSURANCE RECORDS" DOES NOT INCLUDE  8,078        

AGGREGATE STATISTICAL INFORMATION THAT DOES NOT DISCLOSE THE       8,080        

IDENTITY OF PERSONS RECEIVING OR PROVIDING MEDICAL OR MENTAL                    

HEALTH SERVICES IN STATE CORRECTIONAL INSTITUTIONS.                8,081        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  8,084        

QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC      8,085        

RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE     8,086        

USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY       8,087        

ASSURANCE PROGRAM.                                                              

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  8,089        

PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS    8,090        

AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS       8,091        

SHALL WILFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY PERSON  8,092        

OR ENTITY.                                                                      

      (C)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  8,095        

NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY, AND IS  8,096        

NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE      8,097        

PROCEEDING.                                                                     

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  8,100        

MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS                      

PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM  8,101        

SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR         8,102        

ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE        8,103        

RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION,            8,104        

                                                          195    

                                                                 
EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,                    

MEMBER, OR PERSON.                                                 8,105        

      (3)  INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE  8,107        

FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING             8,108        

UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL   8,110        

OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED    8,112        

TO A QUALITY ASSURANCE COMMITTEE.  NO PERSON TESTIFYING BEFORE A   8,113        

QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A                      

QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS  8,114        

TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT   8,116        

BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY           8,117        

ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A  8,118        

RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.                          

      (D)(1)  A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE   8,121        

BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO     8,122        

THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY                 

ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL  8,123        

ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY     8,125        

PERSON AS A RESULT OF PROVIDING THE INFORMATION.                   8,126        

      (2)  A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON     8,128        

ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE   8,129        

OF THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL NOT BE    8,130        

LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO  8,131        

PERSON OR PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS,          8,132        

DECISIONS, OR OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF   8,133        

THE QUALITY ASSURANCE PROGRAM.                                                  

      (3)  NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION   8,135        

OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A       8,136        

PATIENT.                                                                        

      (E)  QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND         8,139        

TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,                 

ONLY TO THE FOLLOWING PERSONS OR ENTITIES OR IN THE FOLLOWING      8,140        

CIRCUMSTANCES:                                                     8,141        

      (1)  PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT  8,143        

                                                          196    

                                                                 
OF REHABILITATION AND CORRECTION AND WHO HAVE AUTHORITY TO         8,145        

EVALUATE OR IMPLEMENT THE RECOMMENDATIONS OF AN INSTITUTIONAL OR   8,147        

CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;                                     

      (2)  PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED   8,149        

TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO STATE  8,150        

CORRECTIONAL INSTITUTIONS OR TO PERFORM MONITORING OF STATE        8,151        

CORRECTIONAL INSTITUTIONS AS REQUIRED BY LAW;                      8,152        

      (3)  A GOVERNMENTAL BOARD OR AGENCY, A PROFESSIONAL HEALTH   8,154        

CARE SOCIETY OR ORGANIZATION, OR A PROFESSIONAL STANDARDS REVIEW   8,155        

ORGANIZATION, IF THE RECORDS OR TESTIMONY ARE NEEDED TO PERFORM    8,156        

LICENSING, CREDENTIALING, OR MONITORING OF PROFESSIONAL STANDARDS  8,157        

WITH RESPECT TO MEDICAL OR MENTAL HEALTH PROFESSIONALS EMPLOYED    8,158        

OR RETAINED BY THE DEPARTMENT;                                                  

      (4)  A CRIMINAL OR CIVIL LAW ENFORCEMENT AGENCY OR PUBLIC    8,160        

HEALTH AGENCY CHARGED BY LAW WITH THE PROTECTION OF PUBLIC HEALTH  8,161        

OR SAFETY, IF A QUALIFIED REPRESENTATIVE OF THE AGENCY MAKES A     8,162        

WRITTEN REQUEST STATING THAT THE RECORDS OR TESTIMONY IS           8,163        

NECESSARY FOR A PURPOSE AUTHORIZED BY LAW;                                      

      (5)  IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING COMMENCED    8,165        

BY AN ENTITY DESCRIBED IN DIVISION (E)(3) OR (4) OF THIS SECTION   8,166        

AND FOR A PURPOSE DESCRIBED IN THAT DIVISION, BUT ONLY WITH        8,168        

RESPECT TO THE SUBJECT OF THE PROCEEDINGS.                                      

      (F)  A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO   8,170        

DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE          8,172        

CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY        8,173        

ASSURANCE RECORDS.  THE NAMES AND OTHER IDENTIFYING INFORMATION    8,174        

REGARDING INDIVIDUAL PATIENTS, EMPLOYEES, OR MEMBERS OF A QUALITY  8,175        

ASSURANCE COMMITTEE CONTAINED IN A QUALITY ASSURANCE RECORD SHALL  8,177        

BE DELETED FROM THE RECORD PRIOR TO THE DISCLOSURE OF THE RECORD   8,178        

UNLESS THE IDENTITY OF AN INDIVIDUAL IS NECESSARY TO THE PURPOSE   8,179        

FOR WHICH DISCLOSURE IS BEING MADE AND DOES NOT CONSTITUTE A       8,180        

CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY.                  8,181        

      Sec. 5120.331.  (A)  Not later than the first day of April   8,191        

of each year, the department of rehabilitation and correction      8,192        

                                                          197    

                                                                 
shall prepare an annual report covering the preceding calendar     8,193        

year that does all of the following:                                            

      (1)  Indicates the total number of persons sentenced to any  8,195        

institution, division, or place under its control and management   8,196        

who are delivered within that calendar year to its custody and     8,197        

control;                                                           8,198        

      (2)  Indicates the total number of persons who, during that  8,200        

calendar year, were released from a prison term on any of the      8,202        

following bases:                                                   8,203        

      (a)  On judicial release under section 2929.20 of the        8,206        

Revised Code;                                                      8,207        

      (b)  On furlough TRANSITIONAL CONTROL under section 2967.26  8,209        

of the Revised Code;                                               8,210        

      (c)  On parole;                                              8,212        

      (d)  Due to the expiration of the stated prison term         8,214        

imposed;                                                                        

      (e)  On any basis not described in divisions (A)(2)(a) to    8,216        

(d) of this section.                                               8,217        

      (3)  Lists each offense, by Revised Code section number      8,219        

and, if applicable, by designated name, for which at least one     8,220        

person who was released from a prison term in that calendar year   8,222        

was serving a prison term at the time of release;                  8,224        

      (4)  For each offense included in the list described in      8,226        

division (A)(3) of this section, indicates all of the following:   8,227        

      (a)  The total number of persons released from a prison      8,229        

term in that calendar year who were serving a prison term for      8,231        

that offense at the time of release;                               8,232        

      (b)  The shortest, longest, and average prison term that     8,234        

had been imposed for that offense upon the persons described in    8,237        

division (A)(4)(a) of this section and that they were serving at   8,238        

the time of release;                                                            

      (c)  The shortest, longest, and average period of            8,240        

imprisonment actually served by the persons described in division  8,241        

(A)(4)(a) of this section under a prison term that had been        8,243        

                                                          198    

                                                                 
imposed for that offense upon them and that they were serving at   8,244        

the time of release;                                               8,245        

      (d)  The total number of persons released from a prison      8,247        

term in that calendar year under each of the bases for release     8,249        

set forth in division (A)(2) of this section who were serving a    8,250        

prison term for that offense at the time of release;               8,251        

      (e)  The shortest, longest, and average prison term that     8,253        

had been imposed for that offense upon the persons in each         8,256        

category described in division (A)(4)(d) of this section and that  8,257        

they were serving at the time of release;                                       

      (f)  The shortest, longest, and average period of            8,259        

imprisonment actually served by the persons in each category       8,260        

described in division (A)(4)(d) of this section under a prison     8,262        

term that had been imposed for that offense upon them and that     8,263        

they were serving at the time of release.                          8,264        

      (B)  No report prepared under division (A) of this section   8,266        

shall identify or enable the identification of any person          8,267        

released from a prison term in the preceding calendar year.        8,269        

      (C)  Each annual report prepared under division (A) of this  8,271        

section shall be distributed to each member of the general         8,272        

assembly.                                                          8,273        

      (D)  As used in this section, "prison term" and "stated      8,275        

prison term" have the same meanings as in section 2929.01 of the   8,276        

Revised Code.                                                                   

      Sec. 5120.38.  Subject to the rules and regulations of the   8,285        

department of rehabilitation and correction, each institution      8,286        

under the department's jurisdiction other than an institution      8,287        

operated pursuant to a contract entered into under section 9.06    8,288        

of the Revised Code shall be under the control of a managing       8,290        

officer known as a superintendent WARDEN or other appropriate      8,291        

title.  Such THE managing officer shall be appointed by the        8,292        

director of the department of rehabilitation and correction and    8,294        

shall be in the unclassified service and serve at the pleasure of  8,295        

the director.  Appointment to the position of managing officer     8,296        

                                                          199    

                                                                 
shall be made from persons holding positions in the classified     8,297        

service in the department.  A WHO HAVE CRIMINAL JUSTICE            8,298        

EXPERIENCE.                                                                     

      A person so WHO IS appointed TO THE POSITION OF MANAGING     8,301        

OFFICER FROM A POSITION IN THE CLASSIFIED SERVICE shall retain                  

the right to resume the position and status that the person held   8,304        

in the classified service immediately prior to the appointment.    8,306        

Upon being relieved of the person's duties as managing officer,    8,307        

such THE person shall be reinstated to the position in the         8,309        

classified service that the person held immediately prior to the   8,311        

appointment to the position of managing officer or to another      8,313        

position, certified by THAT the director, with approval of the     8,315        

state department of personnel ADMINISTRATIVE SERVICES, CERTIFIES   8,316        

as being substantially equal to such THAT PRIOR position.          8,317        

Service as a managing officer shall be counted as service in the   8,319        

position in the classified service held by such THE person         8,320        

immediately preceding the person's appointment as managing         8,323        

officer.  A person who is reinstated to a position in the          8,325        

classified service, as provided in this section, shall be          8,326        

entitled to all rights and emoluments accruing to such THE         8,327        

position during the time of the person's service as managing       8,329        

officer.                                                                        

      The managing officer, under the director, shall have entire  8,331        

executive charge of the institution for which such THE managing    8,332        

officer is appointed.  Subject to civil service rules and          8,333        

regulations, the managing officer shall appoint the necessary      8,334        

employees and the managing officer or the director may remove      8,335        

such employees for cause.  A report of all appointments,           8,337        

resignations, and discharges shall be filed with the director at   8,338        

the close of each month.                                           8,339        

      After conference with the managing officer of each           8,341        

institution, the director shall determine the number of employees  8,342        

to be appointed to the various institutions.                       8,343        

      Sec. 5120.381.  SUBJECT TO THE RULES OF THE DEPARTMENT OF    8,345        

                                                          200    

                                                                 
REHABILITATION AND CORRECTION, THE DIRECTOR OF REHABILITATION AND  8,346        

CORRECTION MAY APPOINT A DEPUTY WARDEN FOR EACH INSTITUTION UNDER  8,347        

THE JURISDICTION OF THE DEPARTMENT.  A DEPUTY WARDEN SHALL BE IN   8,348        

THE UNCLASSIFIED SERVICE AND SERVE AT THE PLEASURE OF THE          8,349        

DIRECTOR.  THE DIRECTOR SHALL MAKE AN APPOINTMENT TO THE POSITION               

OF DEPUTY WARDEN FROM PERSONS HAVING CRIMINAL JUSTICE EXPERIENCE.  8,350        

A PERSON WHO IS APPOINTED TO A POSITION AS DEPUTY WARDEN FROM A    8,351        

POSITION IN THE CLASSIFIED SERVICE SHALL RETAIN THE RIGHT TO       8,352        

RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE         8,353        

CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT.  IF THE   8,354        

PERSON IS RELIEVED OF THE PERSON'S DUTIES AS DEPUTY WARDEN, THE                 

DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION IN THE         8,356        

CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR TO THE   8,357        

APPOINTMENT AS DEPUTY WARDEN OR TO ANOTHER POSITION THAT IS        8,358        

CERTIFIED BY THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF                   

ADMINISTRATIVE SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT      8,359        

PRIOR POSITION.  SERVICE AS DEPUTY WARDEN SHALL BE COUNTED AS      8,360        

SERVICE IN THE POSITION IN THE CLASSIFIED SERVICE THAT THE PERSON  8,361        

HELD IMMEDIATELY PRECEDING THE APPOINTMENT AS DEPUTY WARDEN.  A    8,362        

PERSON WHO IS REINSTATED TO A POSITION IN THE CLASSIFIED SERVICE   8,363        

AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL RIGHTS AND                       

EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF THE         8,364        

PERSON'S SERVICE AS DEPUTY WARDEN.                                 8,365        

      Sec. 5120.382.  EXCEPT AS OTHERWISE PROVIDED IN THIS         8,367        

CHAPTER FOR APPOINTMENTS BY DIVISION CHIEFS AND MANAGING           8,368        

OFFICERS, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL      8,371        

APPOINT EMPLOYEES WHO ARE NECESSARY FOR THE EFFICIENT CONDUCT OF                

THE DEPARTMENT OF REHABILITATION AND CORRECTION AND PRESCRIBE      8,372        

THEIR TITLES AND DUTIES.  A PERSON WHO IS APPOINTED TO AN          8,373        

UNCLASSIFIED POSITION FROM A POSITION IN THE CLASSIFIED SERVICE    8,374        

SHALL SERVE AT THE PLEASURE OF THE DIRECTOR AND RETAIN THE RIGHT   8,375        

TO RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE      8,376        

CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT.  IF THE   8,377        

PERSON IS RELIEVED OF THE PERSON'S DUTIES FOR THE UNCLASSIFIED     8,378        

                                                          201    

                                                                 
POSITION, THE DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION  8,379        

IN THE CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR   8,380        

TO THE APPOINTMENT OR TO ANOTHER POSITION THAT IS CERTIFIED BY     8,381        

THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE    8,382        

SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT PRIOR CLASSIFIED    8,383        

POSITION.  SERVICE IN THE UNCLASSIFIED SERVICE PURSUANT TO THE     8,384        

APPOINTMENT SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE                  

CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRECEDING THE  8,385        

APPOINTMENT.  A PERSON WHO IS REINSTATED TO A POSITION IN THE      8,386        

CLASSIFIED SERVICE AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL  8,387        

RIGHTS AND EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF  8,388        

THE PERSON'S UNCLASSIFIED SERVICE.                                              

      Sec. 5120.56.  (A)  AS USED IN THIS SECTION:                 8,391        

      (1)  "ANCILLARY SERVICES" MEANS SERVICES PROVIDED TO AN      8,393        

OFFENDER AS NECESSARY FOR THE PARTICULAR CIRCUMSTANCES OF THE      8,394        

OFFENDER'S PERSONAL SUPERVISION, INCLUDING, BUT NOT LIMITED TO,    8,395        

SPECIALIZED COUNSELING, TESTING, OR OTHER SERVICES NOT INCLUDED    8,397        

IN THE CALCULATION OF RESIDENTIAL OR SUPERVISION COSTS.            8,398        

      (2)  "COST DEBT" MEANS A COST OF INCARCERATION OR            8,400        

SUPERVISION THAT MAY BE ASSESSED AGAINST AND COLLECTED FROM AN     8,401        

OFFENDER AS A DEBT TO THE STATE AS DESCRIBED IN DIVISION (D) OF    8,402        

THIS SECTION.                                                      8,403        

      (3)  "DETENTION FACILITY" MEANS ANY PLACE USED FOR THE       8,405        

CONFINEMENT OF A PERSON CHARGED WITH OR CONVICTED OF ANY CRIME.    8,406        

      (4)  "OFFENDER" MEANS ANY INMATE, PAROLEE, PROBATIONER,      8,408        

RELEASEE, OR OTHER PERSON WHO HAS BEEN CONVICTED OF OR PLEADED     8,410        

GUILTY TO ANY FELONY OR MISDEMEANOR AND IS SENTENCED TO ANY OF     8,411        

THE FOLLOWING:                                                                  

      (a)  A TERM OF IMPRISONMENT, A PRISON TERM, OR ANOTHER TYPE  8,413        

OF CONFINEMENT IN A DETENTION FACILITY;                            8,415        

      (b)  PARTICIPATION IN ANOTHER CORRECTIONAL PROGRAM IN LIEU   8,417        

OF INCARCERATION.                                                  8,418        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY     8,421        

RECOVER FROM AN OFFENDER WHO IS IN ITS CUSTODY OR UNDER ITS                     

                                                          202    

                                                                 
SUPERVISION ANY COST DEBT DESCRIBED IN DIVISION (D) OF THIS        8,423        

SECTION.  TO SATISFY A COST DEBT DESCRIBED IN THAT DIVISION THAT   8,424        

RELATES TO AN OFFENDER, THE DEPARTMENT MAY APPLY DIRECTLY ASSETS   8,425        

THAT ARE IN THE DEPARTMENT'S POSSESSION AND THAT ARE BEING HELD    8,426        

FOR THAT OFFENDER WITHOUT FURTHER PROCEEDINGS IN AID OF            8,428        

EXECUTION, AND, IF ASSETS BELONGING TO OR SUBJECT TO THE           8,430        

DIRECTION OF THAT OFFENDER ARE IN THE POSSESSION OF A THIRD                     

PARTY, THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO          8,431        

INITIATE PROCEEDINGS TO COLLECT THE ASSETS FROM THE THIRD PARTY    8,432        

TO SATISFY THE COST DEBT.                                                       

      (C)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E) OR (G) OF  8,436        

THIS SECTION, ALL OF THE FOLLOWING ASSETS OF AN OFFENDER SHALL BE  8,437        

SUBJECT TO ATTACHMENT, COLLECTION, OR APPLICATION TOWARD THE COST  8,438        

DEBTS DESCRIBED IN DIVISION (D) OF THIS SECTION THAT ARE TO BE     8,439        

RECOVERED UNDER DIVISION (B) OF THIS SECTION:                      8,440        

      (1)  SUBJECT TO DIVISION (E) OF THIS SECTION, ANY PAY THE    8,442        

OFFENDER RECEIVES FROM THE STATE;                                  8,443        

      (2)  SUBJECT TO DIVISION (E) OF THIS SECTION, ANY FUNDS THE  8,445        

OFFENDER RECEIVES FROM PERSONS ON AN APPROVED VISITOR LIST;        8,447        

      (3)  ANY LIQUID ASSETS BELONGING TO THE OFFENDER AND IN THE  8,449        

CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION;        8,450        

      (4)  ANY ASSETS THE OFFENDER ACQUIRES OR ANY OTHER INCOME    8,452        

THE OFFENDER EARNS SUBSEQUENT TO THE OFFENDER'S COMMITMENT.        8,454        

      (D)  COSTS OF INCARCERATION OR SUPERVISION THAT MAY BE       8,457        

ASSESSED AGAINST AND COLLECTED FROM AN OFFENDER UNDER DIVISION     8,458        

(B) OF THIS SECTION AS A DEBT TO THE STATE SHALL INCLUDE, BUT ARE  8,459        

NOT LIMITED TO, ALL OF THE FOLLOWING COSTS THAT ACCRUE WHILE THE   8,460        

OFFENDER IS IN THE CUSTODY OR UNDER THE SUPERVISION OF THE         8,461        

DEPARTMENT OF REHABILITATION AND CORRECTION:                                    

      (1)  ANY USER FEE OR COPAYMENT FOR SERVICES AT A DETENTION   8,463        

FACILITY OR HOUSING FACILITY, INCLUDING, BUT NOT LIMITED TO, A     8,464        

FEE OR COPAYMENT FOR SICK CALL VISITS;                             8,465        

      (2)  ASSESSMENT FOR DAMAGE TO OR DESTRUCTION OF PROPERTY IN  8,467        

A DETENTION FACILITY SUBSEQUENT TO COMMITMENT;                     8,468        

                                                          203    

                                                                 
      (3)  RESTITUTION TO AN OFFENDER OR TO A STAFF MEMBER OF A    8,470        

STATE CORRECTIONAL INSTITUTION FOR THEFT, LOSS, OR DAMAGE TO THE   8,471        

PERSONAL PROPERTY OF THE OFFENDER OR STAFF MEMBER;                 8,473        

      (4)  THE COST OF HOUSING AND FEEDING THE OFFENDER IN A       8,475        

DETENTION FACILITY;                                                8,476        

      (5)  THE COST OF SUPERVISION OF THE OFFENDER;                8,478        

      (6)  THE COST OF ANY ANCILLARY SERVICES PROVIDED TO THE      8,480        

OFFENDER.                                                                       

      (E)  THE COST OF HOUSING AND FEEDING AN OFFENDER IN A STATE  8,483        

CORRECTIONAL INSTITUTION SHALL NOT BE COLLECTED FROM A PAYMENT     8,484        

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  8,485        

OFFENDER RECEIVES FROM VISITORS, UNLESS THE COMBINED ASSETS IN     8,486        

THE OFFENDER'S INSTITUTION PERSONAL ACCOUNT EXCEED, AT ANY TIME,   8,487        

ONE HUNDRED DOLLARS.  IF THE COMBINED ASSETS IN THAT ACCOUNT       8,488        

EXCEED ONE HUNDRED DOLLARS, THE COST OF HOUSING AND FEEDING THE    8,489        

OFFENDER MAY BE COLLECTED FROM THE AMOUNT IN EXCESS OF ONE         8,490        

HUNDRED DOLLARS.                                                   8,491        

      (F)(1)  THE DEPARTMENT OF REHABILITATION AND CORRECTION      8,494        

SHALL ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE   8,495        

TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.                     8,496        

      (2)  THE RULES ADOPTED UNDER DIVISION (F)(1) OF THIS         8,499        

SECTION SHALL INCLUDE, BUT ARE NOT LIMITED TO, RULES THAT          8,500        

ESTABLISH OR CONTAIN ALL OF THE FOLLOWING:                                      

      (a)  A PROCESS FOR ASCERTAINING THE ITEMS OF COST TO BE      8,502        

ASSESSED AGAINST AN OFFENDER;                                      8,503        

      (b)  SUBJECT TO DIVISION (F)(3) OF THIS SECTION, A PROCESS   8,506        

BY WHICH THE OFFENDER SHALL HAVE THE OPPORTUNITY TO RESPOND TO     8,507        

THE ASSESSMENT OF COSTS UNDER DIVISION (B) OF THIS SECTION AND TO  8,508        

CONTEST ANY ITEM OF COST IN THE DEPARTMENT'S CALCULATION OR AS IT  8,509        

APPLIES TO THE OFFENDER;                                                        

      (c)  A REQUIREMENT THAT THE OFFENDER BE NOTIFIED, IN         8,511        

WRITING, OF A FINAL DECISION TO COLLECT OR APPLY THE OFFENDER'S    8,512        

ASSETS UNDER DIVISION (B) OF THIS SECTION AND THAT THE             8,513        

                                                          204    

                                                                 
NOTIFICATION BE PROVIDED AFTER THE OFFENDER HAS HAD AN             8,514        

OPPORTUNITY TO CONTEST THE APPLICATION OR COLLECTION;              8,515        

      (d)  CRITERIA FOR EVALUATING AN OFFENDER'S ONGOING,          8,517        

PERMANENT INJURY AND EVALUATING THE ABILITY OF THAT TYPE OF        8,518        

OFFENDER TO PROVIDE FOR THE OFFENDER AFTER INCARCERATION.          8,519        

      (3)  THE RULES ADOPTED UNDER DIVISION (F)(1) OF THIS         8,522        

SECTION MAY ALLOW THE COLLECTION OF A COST DEBT AS A FLAT FEE OR   8,523        

OVER TIME IN INSTALLMENTS.  IF THE COST DEBT IS TO BE COLLECTED    8,524        

OVER TIME IN INSTALLMENTS, THE RULES ARE NOT REQUIRED TO PERMIT    8,525        

THE OFFENDER AN OPPORTUNITY TO CONTEST THE ASSESSMENT OF EACH      8,526        

INSTALLMENT.  THE RULES MAY ESTABLISH A STANDARD FEE TO APPLY TO                

ALL OFFENDERS WHO RECEIVE A PARTICULAR SERVICE.                    8,527        

      (G)  THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL   8,530        

NOT COLLECT COST DEBTS OR APPLY OFFENDER ASSETS TOWARD A COST      8,531        

DEBT UNDER DIVISION (B) OF THIS SECTION IF, DUE TO AN ONGOING,     8,532        

PERMANENT INJURY, THE COLLECTION OR APPLICATION WOULD UNJUSTLY     8,533        

LIMIT THE OFFENDER'S ABILITY TO PROVIDE FOR THE OFFENDER AFTER     8,534        

INCARCERATION.                                                                  

      (H)  IF AN OFFENDER ACQUIRES ASSETS AFTER THE OFFENDER IS    8,537        

CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE AND IF THE TRANSFEROR  8,538        

KNOWS OF THE OFFENDER'S STATUS AS AN OFFENDER, THE TRANSFEROR                   

SHALL NOTIFY THE DEPARTMENT OF REHABILITATION AND CORRECTION IN    8,539        

ADVANCE OF THE TRANSFER.                                           8,540        

      (I)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE       8,543        

OFFENDER FINANCIAL RESPONSIBILITY FUND.  ALL MONEYS COLLECTED BY   8,544        

OR ON BEHALF OF THE DEPARTMENT UNDER THIS SECTION, AND ALL MONEYS               

CURRENTLY IN THE DEPARTMENT'S CUSTODY THAT ARE APPLIED TO SATISFY  8,546        

AN ALLOWABLE COST DEBT UNDER THIS SECTION, SHALL BE DEPOSITED      8,548        

INTO THE FUND.  THE DEPARTMENT OF REHABILITATION AND CORRECTION                 

MAY EXPEND MONEYS IN THE FUND FOR GOODS AND SERVICES OF THE SAME   8,549        

TYPE AS THOSE FOR WHICH OFFENDERS ARE ASSESSED PURSUANT TO THIS    8,550        

SECTION.                                                                        

      Sec. 5120.99.  A PERSON WHO VIOLATES DIVISION (B)(2) OF      8,553        

SECTION 5120.211 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN  8,555        

                                                          205    

                                                                 
TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE  8,556        

THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE.              8,557        

      Sec. 5122.10.  Any psychiatrist, licensed clinical           8,566        

psychologist, licensed physician, health officer, parole officer,  8,567        

police officer, or sheriff may take a person into custody, or the  8,568        

chief of the adult parole authority or a parole or probation       8,569        

officer with the approval of the chief of the authority may take   8,570        

a parolee, probationer, OFFENDER ON POST-RELEASE CONTROL, or       8,571        

furloughee OFFENDER UNDER TRANSITIONAL CONTROL into custody and    8,572        

may immediately transport him THE PAROLEE, PROBATIONER, OFFENDER   8,574        

ON POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL    8,576        

to a hospital or, notwithstanding section 5119.20 of the Revised   8,578        

Code, to a general hospital not licensed by the department of      8,579        

mental health where he THE PAROLEE, PROBATIONER, OFFENDER ON       8,580        

POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL may   8,581        

be held for the period prescribed in this section, if the          8,583        

psychiatrist, licensed clinical psychologist, licensed physician,  8,584        

health officer, parole officer, police officer, or sheriff has                  

reason to believe that the person is a mentally ill person         8,586        

subject to hospitalization by court order under division (B) of    8,587        

section 5122.01 of the Revised Code, and represents a substantial  8,588        

risk of physical harm to himself SELF or others if allowed to      8,589        

remain at liberty pending examination.                             8,590        

      A written statement shall be given to such hospital by the   8,592        

transporting psychiatrist, licensed clinical psychologist,         8,593        

licensed physician, health officer, parole officer, police         8,594        

officer, chief of the adult parole authority, parole or probation  8,595        

officer, or sheriff stating the circumstances under which such     8,596        

person was taken into custody and the reasons for the              8,597        

psychiatrist's, licensed clinical psychologist's, licensed         8,598        

physician's, health officer's, parole officer's, police            8,599        

officer's, chief of the adult parole authority's, parole or        8,600        

probation officer's, or sheriff's belief.  This statement shall    8,601        

be made available to the respondent or his THE RESPONDENT'S        8,602        

                                                          206    

                                                                 
attorney upon request of either.                                   8,603        

      Every reasonable and appropriate effort shall be made to     8,605        

take persons into custody in the least conspicuous manner          8,606        

possible.  A person taking the respondent into custody pursuant    8,607        

to this section shall explain to the respondent:  the name,        8,608        

professional designation, and agency affiliation of the person     8,609        

taking the respondent into custody; that the custody-taking is     8,610        

not a criminal arrest; and that the person is being taken for      8,611        

examination by mental health professionals at a specified mental   8,612        

health facility identified by name.                                8,613        

      If a person taken into custody under this section is         8,615        

transported to a general hospital, the general hospital may admit  8,616        

the person, or provide care and treatment for the person, or       8,617        

both, notwithstanding section 5119.20 of the Revised Code, but by  8,618        

the end of twenty-four hours after his arrival at the general      8,619        

hospital, the person shall be transferred to a hospital as         8,620        

defined in section 5122.01 of the Revised Code.                    8,621        

      A person transported or transferred to a hospital or         8,623        

community mental health agency under this section shall be         8,624        

examined by the staff of the hospital or agency within             8,625        

twenty-four hours after his arrival at the hospital or agency. If  8,627        

to conduct the examination requires that the person remain                      

overnight, the hospital or agency shall admit the person in an     8,628        

unclassified status until making a disposition under this          8,629        

section.  After the examination, if the chief clinical officer of  8,630        

the hospital or agency believes that the person is not a mentally  8,631        

ill person subject to hospitalization by court order, he THE       8,632        

CHIEF CLINICAL OFFICER shall release or discharge the person       8,633        

immediately unless a court has issued a temporary order of         8,634        

detention applicable to the person under section 5122.11 of the    8,635        

Revised Code.  After the examination, if the chief clinical        8,636        

officer believes that the person is a mentally ill person subject  8,637        

to hospitalization by court order, he THE CHIEF CLINICAL OFFICER   8,638        

may detain the person for not more than three court days           8,639        

                                                          207    

                                                                 
following the day of the examination and during such period admit  8,640        

the person as a voluntary patient under section 5122.02 of the     8,641        

Revised Code or file an affidavit under section 5122.11 of the     8,642        

Revised Code.  If neither action is taken and a court has not      8,643        

otherwise issued a temporary order of detention applicable to the  8,644        

person under section 5122.11 of the Revised Code, the chief        8,645        

clinical officer shall discharge the person at the end of the      8,646        

three-day period unless the person has been sentenced to the       8,647        

department of rehabilitation and correction and has not been       8,648        

released from his THE PERSON'S sentence, in which case the person  8,649        

shall be returned to that department.                              8,650        

      Sec. 5122.32.  (A)  AS USED IN THIS SECTION:                 8,652        

      (1)  "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT    8,654        

IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF MENTAL     8,655        

HEALTH BY THE DIRECTOR OF MENTAL HEALTH, A COMMITTEE OF A          8,656        

HOSPITAL OR COMMUNITY SETTING PROGRAM, A COMMITTEE ESTABLISHED     8,657        

PURSUANT TO SECTION 5119.47 OF THE REVISED CODE OF THE DEPARTMENT  8,658        

OF MENTAL HEALTH APPOINTED BY THE MANAGING OFFICER OF THE                       

HOSPITAL OR PROGRAM, OR A DULY AUTHORIZED SUBCOMMITTEE OF A        8,660        

COMMITTEE OF THAT NATURE AND THAT IS DESIGNATED TO CARRY OUT       8,661        

QUALITY ASSURANCE PROGRAM ACTIVITIES.                                           

      (2)  "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE       8,663        

PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH TO SYSTEMATICALLY   8,664        

REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND MENTAL HEALTH        8,666        

SERVICES WITHIN THE DEPARTMENT AND ITS HOSPITALS AND COMMUNITY     8,667        

SETTING PROGRAMS, THE SAFETY AND SECURITY OF PERSONS RECEIVING                  

MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS   8,669        

HOSPITALS AND COMMUNITY SETTING PROGRAMS, AND THE EFFICIENCY AND   8,670        

EFFECTIVENESS OF THE UTILIZATION OF STAFF AND RESOURCES IN THE     8,671        

DELIVERY OF MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE                       

DEPARTMENT AND ITS HOSPITALS AND COMMUNITY SETTING PROGRAMS.       8,672        

"QUALITY ASSURANCE PROGRAM" INCLUDES THE CENTRAL OFFICE QUALITY    8,674        

ASSURANCE COMMITTEES, MORBIDITY AND MORTALITY REVIEW COMMITTEES,   8,675        

QUALITY ASSURANCE PROGRAMS OF COMMUNITY SETTING PROGRAMS, QUALITY  8,676        

                                                          208    

                                                                 
ASSURANCE COMMITTEES OF HOSPITALS OPERATED BY THE DEPARTMENT OF    8,677        

MENTAL HEALTH, AND THE OFFICE OF LICENSURE AND CERTIFICATION OF                 

THE DEPARTMENT.                                                    8,678        

      (3)  "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDE          8,680        

COLLECTING OR COMPILING INFORMATION AND REPORTS REQUIRED BY A      8,681        

QUALITY ASSURANCE COMMITTEE, RECEIVING, REVIEWING, OR              8,682        

IMPLEMENTING THE RECOMMENDATIONS MADE BY A QUALITY ASSURANCE       8,683        

COMMITTEE, AND CREDENTIALING, PRIVILEGING, INFECTION CONTROL,                   

TISSUE REVIEW, PEER REVIEW, UTILIZATION REVIEW INCLUDING ACCESS    8,684        

TO PATIENT CARE RECORDS, PATIENT CARE ASSESSMENT RECORDS, AND      8,686        

MEDICAL AND MENTAL HEALTH RECORDS, MEDICAL AND MENTAL HEALTH       8,688        

RESOURCE MANAGEMENT, MORTALITY AND MORBIDITY REVIEW, AND                        

IDENTIFICATION AND PREVENTION OF MEDICAL OR MENTAL HEALTH          8,689        

INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY ASSURANCE      8,690        

COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY ASSURANCE    8,691        

COMMITTEE.                                                                      

      (4)  "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS,      8,693        

DISCUSSION, RECORDS, FINDINGS, RECOMMENDATIONS, EVALUATIONS,       8,694        

OPINIONS, MINUTES, REPORTS, AND OTHER DOCUMENTS OR ACTIONS THAT    8,695        

EMANATE FROM QUALITY ASSURANCE COMMITTEES, QUALITY ASSURANCE       8,696        

PROGRAMS, OR QUALITY ASSURANCE PROGRAM ACTIVITIES.  "QUALITY       8,697        

ASSURANCE RECORDS" DOES NOT INCLUDE AGGREGATE STATISTICAL          8,698        

INFORMATION THAT DOES NOT DISCLOSE THE IDENTITY OF PERSONS                      

RECEIVING OR PROVIDING MEDICAL OR MENTAL HEALTH SERVICES IN        8,700        

DEPARTMENT OF MENTAL HEALTH INSTITUTIONS.                                       

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  8,703        

QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC      8,704        

RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE     8,705        

USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY       8,706        

ASSURANCE PROGRAM.                                                              

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  8,708        

PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS    8,709        

AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS       8,710        

SHALL WILLFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY        8,711        

                                                          209    

                                                                 
PERSON OR ENTITY.                                                               

      (C)(1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  8,714        

NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY IN, AND  8,715        

IS NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE   8,716        

PROCEEDING.                                                                     

      (2)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO  8,719        

MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS                      

PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM  8,720        

SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR         8,721        

ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE        8,722        

RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION,            8,723        

EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,                    

MEMBER, OR PERSON.                                                 8,724        

      (3)  INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE  8,726        

FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING             8,727        

UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL   8,729        

OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED    8,731        

TO A QUALITY ASSURANCE COMMITTEE.  NO PERSON TESTIFYING BEFORE A   8,732        

QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A                      

QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS  8,733        

TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT   8,735        

BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY           8,736        

ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A  8,737        

RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.                          

      (D)(1)  A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE   8,740        

BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO     8,741        

THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY                 

ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL  8,742        

ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY     8,744        

PERSON AS A RESULT OF PROVIDING THE INFORMATION.                   8,745        

      (2)  A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON     8,747        

ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE   8,748        

OF THE DEPARTMENT OF MENTAL HEALTH SHALL NOT BE LIABLE IN DAMAGES  8,749        

IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR          8,750        

                                                          210    

                                                                 
PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, DECISIONS, OR      8,751        

OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF THE QUALITY     8,752        

ASSURANCE PROGRAM.                                                              

      (3)  NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION   8,754        

OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A       8,755        

PATIENT.                                                                        

      (E)  QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND         8,758        

TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,                 

ONLY TO THE FOLLOWING PERSONS OR ENTITIES:                         8,759        

      (1)  PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT  8,761        

OF MENTAL HEALTH AND WHO HAVE AUTHORITY TO EVALUATE OR IMPLEMENT   8,762        

THE RECOMMENDATIONS OF A STATE-OPERATED HOSPITAL, COMMUNITY        8,763        

SETTING PROGRAM, OR CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;    8,764        

      (2)  PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED   8,766        

TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO        8,767        

DEPARTMENT OF MENTAL HEALTH HOSPITALS OR COMMUNITY SETTING         8,768        

PROGRAMS, OR TO PERFORM MONITORING OF A HOSPITAL OR PROGRAM OF     8,769        

THAT NATURE AS REQUIRED BY LAW.                                                 

      (F)  A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO   8,771        

DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE          8,772        

CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY        8,773        

ASSURANCE RECORDS.                                                              

      (G)  NOTHING IN THIS SECTION SHALL LIMIT THE ACCESS OF THE   8,775        

LEGAL RIGHTS SERVICE TO RECORDS OR PERSONNEL AS SET FORTH IN       8,776        

SECTIONS 5123.60 TO 5123.604 OF THE REVISED CODE.  NOTHING IN      8,778        

THIS SECTION SHALL LIMIT THE ADMISSIBILITY OF DOCUMENTARY OR       8,779        

TESTIMONIAL EVIDENCE IN AN ACTION BROUGHT BY THE LEGAL RIGHTS      8,780        

SERVICE IN ITS OWN NAME OR ON BEHALF OF A CLIENT.                               

      Sec. 5122.99.  A PERSON WHO VIOLATES DIVISION (B)(2) OF      8,782        

SECTION 5122.32 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN   8,783        

TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE  8,784        

THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE.              8,785        

      Sec. 5145.16.  (A)  The department of rehabilitation and     8,794        

correction shall establish a program for the employment WORK       8,795        

                                                          211    

                                                                 
PROGRAMS in some form of labor of FOR as many prisoners as         8,797        

possible who are in the custody of the department, except those    8,799        

prisoners who are not able to perform labor because of illness or  8,800        

other health problems, security requirements, routine processing,  8,801        

disciplinary action, or other reasonable circumstances or because  8,802        

they are engaged in educational, vocational, or other training.    8,803        

The employment LABOR may be in the department's manufacturing and  8,804        

service industries and agriculture, in private industry or         8,806        

agriculture that is located within or outside the department's     8,807        

institutions, in public works, in institutional jobs necessary     8,808        

for the proper maintenance and operation of the institutions       8,809        

under the control of the department, or in any other appropriate   8,810        

form of labor.  The department, pursuant to the program, shall     8,811        

attempt to employ, provide employment for, and seek employment     8,812        

for ENGAGE IN WORK PROGRAMS as many prisoners as possible who are  8,813        

in their ITS custody AND WHO ARE ELIGIBLE FOR THE PROGRAMS.  The   8,815        

department is not required to provide employment for ENGAGE every  8,816        

employable ELIGIBLE prisoner in their custody A WORK PROGRAM when  8,818        

there is not sufficient money, facilities, or jobs ARE NOT         8,820        

available to provide the employment FOR THE PROGRAM; however, the  8,821        

department shall continuously seek sources of employment LABOR     8,822        

for as many employable ELIGIBLE prisoners as possible.             8,823        

      (B)  The department, in establishing and administering the   8,825        

program WORK PROGRAMS established pursuant to division (A) of      8,826        

this section, shall do all of the following:                       8,828        

      (1)  Assign a level, grade within the level, or other        8,830        

category for each job within the penal manufacturing and service   8,831        

industries and agriculture, each job within private industry and   8,832        

agriculture, each institutional job, each job in public works,     8,834        

and every other job for which prisoners are eligible to perform    8,835        

labor.  The level, grade, and other categorization of each job     8,836        

shall be dependent upon the skills required to perform the job,    8,837        

the security that is present at the job, the salary and other      8,838        

compensation for the job, and any other relevant characteristics   8,839        

                                                          212    

                                                                 
of the job.                                                        8,840        

      (2)  Establish for each institution controlled by the        8,842        

department a system for assigning prisoners to perform jobs, for   8,843        

periodically evaluating the job performance of each prisoner, and  8,844        

for periodically evaluating the qualifications of each prisoner    8,845        

for other jobs;                                                    8,846        

      (3)  Transfer prisoners, whenever appropriate, to            8,848        

institutions controlled by the department to enable a prisoner to  8,849        

be employed at ENGAGED IN a different job;                         8,850        

      (4)  Whenever appropriate, permit prisoners to be            8,852        

furloughed RELEASED ON TRANSITIONAL CONTROL, in addition to other  8,854        

authorized reasons for granting a furlough TRANSFERRING A          8,855        

PRISONER TO TRANSITIONAL CONTROL, to gain POST-RELEASE employment  8,856        

in private industry or agriculture;                                8,857        

      (5)  Attempt to provide jobs and job training for prisoners  8,859        

that will be useful to the prisoners in obtaining employment when  8,860        

released, except that institutional jobs at the institutions need  8,861        

not be related to employment outside the institution;              8,862        

      (6)  Establish an accounting system to administer and        8,864        

allocate the earnings of the prisoners as provided by division     8,865        

(C)(8) of this section;                                            8,866        

      (7)  Require all persons IN PRIVATE INDUSTRY OR AGRICULTURE  8,868        

who employ prisoners to meet all applicable work safety            8,870        

standards.                                                                      

      (C)  The department, in establishing and administering the   8,872        

program WORK PROGRAMS required to be established by division (A)   8,873        

of this section, may do any of the following:                      8,875        

      (1)  Enter into contracts with private industry and          8,877        

agriculture and receive grants to establish test work programs     8,878        

within or outside institutions under the control of the            8,879        

department;                                                        8,880        

      (2)  Enter into contracts with private industry for the      8,882        

establishment of manufacturing and service industries within or    8,883        

close to institutions under the control of the department for the  8,884        

                                                          213    

                                                                 
employment of prisoners;                                           8,885        

      (3)  Enter into contracts with private industry and          8,887        

agriculture to provide employment WORK PROGRAMS for prisoners;     8,888        

      (4)  Lease or sell state-owned land for the establishment    8,890        

of private industry or agriculture upon the condition that the     8,891        

majority of the industrial or agricultural jobs created by the     8,892        

industry or agriculture be given to prisoners;                     8,893        

      (5)  Construct factories or shops to provide employment      8,895        

WORK PROGRAMS for prisoners;                                       8,897        

      (6)  Enter into contracts with labor organizations, except   8,899        

that the department shall not permit any prisoners to establish    8,900        

their own labor organization and that a labor organization shall   8,901        

not represent any prisoners employed within an institution         8,902        

controlled by the department;                                      8,903        

      (7)  Enter into any other contracts or perform any other     8,905        

functions that are necessary to comply with division (A) of this   8,906        

section or section 5145.161 of the Revised Code;                   8,907        

      (8)  Allocate the earnings of the prisoners as follows:      8,909        

      (a)  Up to twenty-five per cent of the earnings to           8,912        

reimburse the state for room and board and for the expense of                   

providing employment to the prisoner.                              8,913        

      (b)  Up to twenty-five per cent of the earnings to be        8,916        

distributed to one or both of the following:                                    

      (i)  To the victims of the prisoner's offenses for           8,918        

restitution if the prisoner voluntarily requests or is under       8,919        

court order to make restitution payments;                          8,920        

      (ii)  To the reparations fund established pursuant to        8,923        

division (A) of section 2743.191 of the Revised Code if the        8,924        

prisoner voluntarily participates in an approved work and          8,925        

training program under this section.                                            

      (c)  Up to twenty-five per cent of the earnings to the       8,928        

prisoner's dependents.                                                          

      (d)  At least twenty-five per cent of the earnings to the    8,931        

account of the prisoner.                                                        

                                                          214    

                                                                 
      (D)  A PRISONER WHO IS ENGAGED IN A WORK PROGRAM THAT IS     8,933        

ESTABLISHED UNDER THIS SECTION AND IN WHICH THE PRISONER IS        8,935        

REQUIRED TO OPERATE A MOTOR VEHICLE, AS DEFINED IN DIVISION (I)    8,936        

OF SECTION 4509.01 OF THE REVISED CODE, IS AN "EMPLOYEE" OF THE    8,937        

STATE FOR THE SOLE PURPOSE OF LIABILITY INSURANCE COVERAGE                      

PURSUANT TO SECTION 9.83 OF THE REVISED CODE TO COVER THE          8,939        

PRISONER'S REQUIRED OPERATION OF THE MOTOR VEHICLE.  A PRISONER    8,940        

ENROLLED IN A WORK PROGRAM ESTABLISHED BY THE DEPARTMENT OF                     

REHABILITATION AND CORRECTION SHALL NOT BE CONSIDERED AS AN        8,941        

EMPLOYEE OF THE STATE UNDER ANY OTHER CIRCUMSTANCE OR FOR ANY      8,942        

OTHER PURPOSE.                                                                  

      Sec. 5145.24.  (A)  THE DIRECTOR OF REHABILITATION AND       8,944        

CORRECTION MAY GRANT AN ADMINISTRATIVE RELEASE, AS DEFINED IN      8,945        

SECTION 2967.01 OF THE REVISED CODE, TO A PRISONER WHO ESCAPED     8,946        

FROM A STATE CORRECTIONAL INSTITUTION AND WHOSE WHEREABOUTS ARE    8,947        

UNKNOWN WHEN BOTH OF THE FOLLOWING APPLY:                          8,948        

      (1)  THE NINETIETH ANNIVERSARY OF THE PRISONER'S BIRTH HAS   8,951        

PASSED;                                                                         

      (2)  A PERIOD OF AT LEAST TWENTY YEARS HAS PASSED SINCE THE  8,954        

DATE OF THE PRISONER'S ESCAPE.                                                  

      (B)  THE DIRECTOR SHALL ADOPT RULES PURSUANT TO SECTION      8,956        

111.15 OF THE REVISED CODE FOR THE GRANTING OF AN ADMINISTRATIVE   8,957        

RELEASE UNDER THIS SECTION.                                                     

      (C)  AN ADMINISTRATIVE RELEASE GRANTED UNDER THIS SECTION    8,959        

DOES NOT OPERATE TO RESTORE THE RIGHTS AND PRIVILEGES FORFEITED    8,960        

BY CONVICTION AS PROVIDED IN SECTION 2961.01 OF THE REVISED CODE.  8,961        

      (D)  THE AUTHORITY TO GRANT AN ADMINISTRATIVE RELEASE THAT   8,963        

IS CONTAINED IN THIS SECTION IS INDEPENDENT OF THE ADMINISTRATIVE  8,964        

RELEASE PROVISIONS CONTAINED IN SECTION 2967.17 OF THE REVISED     8,965        

CODE.                                                                           

      Sec. 5149.05.  (A)  Subject to division (B) of this          8,974        

section, employees of the adult parole authority, when authorized  8,976        

by the chief of the division of parole and community services,     8,977        

may carry firearms if required in the discharge of their duties.   8,978        

                                                          215    

                                                                 
      (B)  The chief of the adult parole authority may grant a     8,980        

state parole officer or field officer AN EMPLOYEE permission to    8,981        

carry firearms A FIREARM in the discharge of THE EMPLOYEE'S        8,983        

official duties, provided that any parole officer or field         8,984        

officer who is granted permission to carry firearms in the         8,985        

discharge of official duties shall, within six months of           8,986        

receiving permission to carry a firearm, THE EMPLOYEE HAS          8,987        

successfully complete COMPLETED a basic firearm training program   8,988        

that is conducted at a training school approved by the Ohio peace  8,989        

officer training commission and that is substantially similar to   8,990        

the basic firearm training program for peace officers conducted    8,991        

at the Ohio peace officer training academy and receive a           8,992        

certificate of satisfactory completion of that program from the    8,993        

executive director of the Ohio peace officer training commission.  8,994        

Any state parole or field officer who does not successfully        8,995        

complete a basic firearm training program within the six-month     8,996        

period after receiving permission to carry a firearm shall not     8,997        

carry a firearm in the discharge of official duties until the      8,998        

officer has successfully completed a basic firearm training        8,999        

program.  After receipt of a certificate of satisfactory           9,000        

completion of a basic firearm training program, to maintain the    9,001        

right to carry firearms in the discharge of official duties, a     9,002        

state parole officer or field officer shall ADMINISTERED BY THE    9,003        

DEPARTMENT OF REHABILITATION AND CORRECTION.  IN ORDER TO          9,004        

CONTINUE TO CARRY A FIREARM IN THE DISCHARGE OF THE EMPLOYEE'S                  

OFFICIAL DUTIES, THE EMPLOYEE ANNUALLY SHALL successfully          9,005        

complete a firearms requalification program in accordance with     9,007        

section 109.801 of the Revised Code.                                            

      Sec. 5149.09.  Except as provided in section 5149.02 and     9,016        

division (B) of section 5149.10 of the Revised Code, all           9,017        

positions in the adult parole authority are in the classified      9,019        

civil service of the state, and appointments to the various        9,021        

positions in the department shall be made in accordance with       9,022        

Chapter 124. of the Revised Code and with rules adopted pursuant   9,023        

                                                          216    

                                                                 
to that chapter.                                                                

      The chief of the division of parole and community services   9,025        

is the principal appointing authority of the adult parole          9,026        

authority, and the chief shall appoint all officers and employees  9,028        

of the authority except for those officers appointed by the        9,029        

director of rehabilitation and correction pursuant to section      9,030        

5149.02 or division (B) of section 5149.10 of the Revised Code.    9,031        

      Sec. 5149.30.  As used in sections 5149.30 to 5149.37 of     9,040        

the Revised Code:                                                  9,041        

      (A)  "Community corrections programs" include, but are not   9,045        

limited to, probation, parole, preventive or diversionary                       

corrections programs, release-on-recognizance programs, and        9,046        

PROSECUTORIAL DIVERSION PROGRAMS, specialized treatment programs   9,048        

for alcoholic and narcotic-addicted offenders, AND COMMUNITY       9,049        

CONTROL SANCTIONS AS DEFINED IN SECTION 2929.01 OF THE REVISED     9,050        

CODE.                                                                           

      (B)  "Local corrections planning board" means the board      9,052        

established in each county under section 5149.34 of the Revised    9,053        

Code.                                                              9,054        

      (C)  "Joint county corrections planning board" means the     9,056        

board established by contiguous MULTIPLE counties under section    9,057        

5149.35 of the Revised Code.                                       9,059        

      Sec. 5149.31.  The department of rehabilitation and          9,068        

correction shall do all of the following:                          9,069        

      (A)  Establish and administer a program of subsidies to FOR  9,071        

eligible counties and groups of contiguous counties for felony     9,072        

offenders and a program of subsidies to FOR eligible municipal     9,074        

corporations, counties, and groups of contiguous counties for      9,077        

misdemeanor offenders for the development, implementation, and     9,079        

operation of community corrections programs.  Department                        

expenditures for administration of both programs of subsidies      9,080        

shall not exceed ten per cent of the moneys appropriated for each  9,081        

of the purposes of this division.                                  9,082        

      (B)  Adopt and promulgate rules, under Chapter 119. of the   9,084        

                                                          217    

                                                                 
Revised Code, providing standards for community corrections        9,085        

programs.  The standards shall be designed to improve the quality  9,086        

and efficiency of the programs and to reduce the number of         9,087        

persons committed to state correctional institutions and to        9,089        

county, multicounty, municipal, municipal-county, or                            

multicounty-municipal jails or workhouses for offenses for which   9,090        

community control sanctions are authorized under section 2929.13   9,091        

or 2929.15 of the Revised Code.  In developing the standards, the  9,092        

department shall consult with, and seek the advice of, local       9,093        

corrections agencies, law enforcement agencies, and other public   9,094        

and private agencies concerned with corrections.  The department   9,095        

shall conduct, and permit participation by local corrections       9,096        

planning boards established under section 5149.34 of the Revised   9,097        

Code and joint county corrections planning boards established      9,098        

under section 5149.35 of the Revised Code in, an annual review of  9,099        

the standards to measure their effectiveness in promoting the      9,100        

purposes specified in this division and shall amend or rescind     9,101        

any existing rule providing a standard or adopt and promulgate     9,102        

additional rules providing standards, under Chapter 119. of the    9,103        

Revised Code, if the review indicates that the standards fail to   9,104        

promote the purposes.                                              9,105        

      (C)  Accept and use any funds, goods, or services from the   9,107        

federal government or any other public or private source for the   9,108        

support of the subsidy programs established under division (A) of  9,110        

this section.  The department may comply with any conditions and                

enter into any agreements that it considers necessary to obtain    9,111        

these funds, goods, or services.                                   9,112        

      (D)  Adopt rules, in accordance with Chapter 119. of the     9,114        

Revised Code, and do all other things necessary to implement       9,115        

sections 5149.30 to 5149.37 of the Revised Code;                   9,116        

      (E)  Evaluate or provide for the evaluation of community     9,118        

corrections programs funded by the subsidy programs established    9,119        

under division (A) of this section and establish means of          9,120        

measuring their effectiveness;                                                  

                                                          218    

                                                                 
      (F)  Prepare an annual report evaluating the subsidy         9,122        

programs established under division (A) of this section.  The      9,123        

report shall include, but need not be limited to, analyses of the  9,124        

structure of the programs and their administration by the          9,125        

department, the effectiveness of the programs in the development   9,126        

and implementation of community corrections programs, the          9,127        

specific standards adopted and promulgated under division (B) of   9,128        

this section and their effectiveness in promoting the purposes of  9,129        

the programs, and the findings of the evaluations conducted under  9,130        

division (E) of this section.  The director of rehabilitation and  9,131        

correction shall review and certify the accuracy of the report     9,132        

and provide copies of it, upon request, to members of the general  9,133        

assembly.                                                          9,134        

      (G)  Provide training or assistance, upon THE request OF A   9,136        

LOCAL CORRECTIONS PLANNING BOARD OR A JOINT COUNTY CORRECTIONS     9,137        

PLANNING BOARD, to any local unit of government with an            9,139        

in-service training program for corrections personnel, subject to  9,140        

available resources of the department.                             9,141        

      Sec. 5149.32.  To be eligible for funds from the subsidy     9,150        

programs established under division (A) of section 5149.31 of the  9,152        

Revised Code, a municipal corporation, county, or group of         9,153        

contiguous counties shall comply with all of the following that    9,154        

are relevant:                                                      9,155        

      (A)  Maintain programs that meet the standards adopted       9,157        

under division (B) of section 5149.31 of the Revised Code, or, in  9,158        

the case of a county or group of contiguous counties that has not  9,159        

established a department of probation and receives probation       9,160        

services through the parole supervision section of the authority,  9,161        

establish that any subsidy received from the subsidy program for   9,163        

felony offenders established under division (A) of section                      

5149.31 of the Revised Code would be used to establish or          9,165        

maintain programs that meet the standards adopted under division   9,166        

(B) of that section and that are or will be operated by the        9,167        

parole supervision section as an extension of the probation        9,168        

                                                          219    

                                                                 
services it provides to the county or group of contiguous          9,169        

counties;                                                                       

      (B)  Demonstrate that it has made efforts to unify or        9,171        

coordinate its correctional service programs through               9,172        

consolidation, written agreements, purchase of service contracts,  9,173        

or other means;                                                    9,174        

      (C)  Demonstrate that the comprehensive plan, if any, for    9,176        

the county in which the municipal corporation is located, for the  9,177        

county, or for each county of the group of contiguous counties,    9,178        

as adopted under section 5149.34 of the Revised Code, has been     9,179        

approved by the director of rehabilitation and correction, or      9,180        

demonstrate, if applicable, an approval as described in division   9,181        

(C) of section 5149.34 of the Revised Code;                        9,182        

      (D)  If a subsidy was received in any prior fiscal year      9,184        

from a subsidy program established under division (A) of section   9,186        

5149.31 of the Revised Code, demonstrate that the subsidy was      9,187        

expended in a good faith effort to improve the quality and                      

efficiency of its community corrections programs and to reduce     9,189        

the number of persons committed to state correctional              9,190        

institutions and to county, multicounty, municipal,                             

municipal-county, or multicounty-municipal jails or workhouses.    9,191        

      Sec. 5149.33.  No municipal corporation, county, or group    9,200        

of contiguous counties receiving a subsidy under division (A) of   9,201        

section 5149.31 of the Revised Code shall reduce, by the amount    9,202        

of the subsidy it receives or by a greater or lesser amount, the   9,203        

amount of local, nonfederal funds it expends for corrections,      9,204        

including, but not limited to, the amount of local, nonfederal                  

funds it expends for the operation of the county, multicounty,     9,205        

municipal, municipal-county, or multicounty-municipal jail or      9,206        

workhouse, for any county or municipal probation department, or    9,207        

for any community corrections program.  Each subsidy shall be      9,208        

used to make corrections expenditures in excess of those being     9,209        

made from local, nonfederal funds.  No subsidy or portion of a     9,210        

subsidy shall be used to make capital improvements.  If a          9,211        

                                                          220    

                                                                 
recipient violates this section, the department of rehabilitation  9,212        

and correction shall discontinue subsidy payments to the                        

recipient.                                                         9,213        

      Sec. 5149.34.  (A)(1)(a)  If a county desires to receive a   9,222        

subsidy from a subsidy program established under division (A) of   9,224        

section 5149.31 of the Revised Code for two or more community      9,225        

corrections programs as described in division (B) of that          9,227        

section, then, on and after August 22, 1990, the board of county   9,228        

commissioners of the county shall establish, by a resolution as    9,231        

described in this division, and maintain a local corrections       9,232        

planning board that, except as provided in division (A)(1)(b)(2)   9,233        

of this section, shall include an administrator of a county,       9,235        

multicounty, municipal, municipal-county, or                       9,236        

multicounty-municipal jail or workhouse located in the county, a   9,237        

county commissioner of that county, a judge of the court of        9,238        

common pleas of that county, a judge of a municipal court OR       9,239        

COUNTY COURT of that county, an attorney whose practice of law     9,240        

primarily involves the representation of criminal defendants, the  9,241        

chief law enforcement officer of the largest municipal             9,242        

corporation located in the county, the county sheriff, one or      9,243        

more prosecutors, as defined in section 2935.01 of the Revised     9,244        

Code, one or more representatives of the public, one of whom       9,246        

shall be a victim of crime, one or more additional                              

representatives of the law enforcement community, one or more      9,248        

additional representatives of the judiciary, one or more           9,249        

additional representatives of the field of corrections, and        9,250        

officials from the largest municipal corporation located in the    9,251        

county.  A majority of the members of the board shall be employed  9,252        

in the adult criminal justice field.  At least two members of the  9,253        

board shall be members of the largest racial minority population,  9,255        

if any, in the county, and at least two other members of the       9,256        

board shall be women.  The resolution shall state the number and   9,257        

nature of the members, the duration of their terms, the manner of  9,258        

filling vacancies on the board, and the compensation, if any,      9,259        

                                                          221    

                                                                 
that members are to receive.  THE BOARD OF COUNTY COMMISSIONERS    9,260        

ALSO MAY SPECIFY, AS PART OF THE RESOLUTION, ANY OTHER DUTIES THE  9,261        

LOCAL CORRECTIONS PLANNING BOARD IS TO ASSUME.                                  

      (b)(2)  If, for good cause shown, including, but not         9,263        

limited to, the refusal of a specified individual to serve on a    9,264        

local corrections planning board, a particular county is not able  9,265        

to satisfy the requirements specified in division (A)(1)(a) of     9,266        

this section for the composition of such a board, the director of  9,267        

rehabilitation and correction may waive the requirements to the    9,268        

extent necessary and approve a composition for the board that      9,269        

otherwise is consistent with the requirements.                     9,270        

      (2)  If a county desires to receive a subsidy from a         9,272        

subsidy program established under division (A) of section 5149.31  9,273        

of the Revised Code for only one community corrections program as  9,275        

described in division (B) of that section, and if that county      9,276        

received prior to August 22, 1990, a subsidy from that program     9,277        

for any community corrections program as described in division     9,278        

(B) of that section, then, on and after August 22, 1990, the       9,279        

board of county commissioners of the county shall establish and    9,280        

maintain, subject to division (A)(1)(b) of this section, a local   9,281        

corrections planning board as described in division (A)(1)(a) of   9,282        

this section.                                                      9,283        

      (3)  If a county desires to receive a subsidy from a         9,285        

subsidy program established under division (A) of section 5149.31  9,286        

of the Revised Code for only one community corrections program as  9,287        

described in division (B) of that section, and if that county did  9,289        

not receive prior to August 22, 1990, a subsidy from that program  9,290        

for any community corrections program as described in division     9,291        

(B) of that section, then, on and after August 22, 1990, the       9,292        

board of county commissioners of the county may establish and                   

maintain, but is not required to establish and maintain as a       9,293        

condition of receiving the subsidy, a local corrections planning   9,294        

board as described in division (A)(1)(a) of this section.  If the  9,295        

board of county commissioners elects to establish and maintain a   9,296        

                                                          222    

                                                                 
local corrections planning board, the board either shall comply    9,297        

with division (B) or (C) of this section.                          9,298        

      (B)  Each local corrections planning board established       9,300        

pursuant to division (A)(1) or (2) of this section shall adopt     9,301        

within eighteen months after its establishment, and from time to   9,302        

time shall revise, a comprehensive plan for the development,       9,304        

implementation, and operation of corrections services in the       9,305        

county.  The plan shall be adopted and revised after               9,306        

consideration has been given to the impact that it will have or    9,307        

has had on the populations of state correctional institutions and  9,309        

county, multicounty, municipal, municipal-county, or               9,310        

multicounty-municipal jails or workhouses in the county, and       9,311        

shall be designed to unify or coordinate corrections services in   9,312        

the county and to reduce the number of persons committed,          9,313        

consistent with the standards adopted under division (B) of        9,314        

section 5149.31 of the Revised Code, from that county to state     9,315        

correctional institutions and to county, multicounty, municipal,   9,316        

municipal-county, or multicounty-municipal jails or workhouses.    9,317        

The plan and any revisions to the plan shall be submitted to the   9,318        

board of county commissioners of the county in which the local     9,319        

corrections planning board is located for approval.                9,320        

      If a county has a community-based correctional facility and  9,322        

program established in accordance with sections 2301.51 to         9,323        

2301.56 of the Revised Code, the budgets of the facility and       9,324        

program shall not be subject to approval by the local corrections  9,325        

planning board, but instead shall continue to be determined in     9,326        

accordance with those sections.  However, the local corrections    9,327        

planning board shall include the facility and program as part of   9,328        

the comprehensive plan adopted and revised pursuant to this        9,329        

division.                                                          9,330        

      (C)  If a county desires to receive a subsidy from a         9,332        

subsidy program established under division (A) of section 5149.31  9,333        

of the Revised Code for only one community corrections program as  9,335        

described in division (B) of that section, if that county did not  9,336        

                                                          223    

                                                                 
receive prior to August 22, 1990, a subsidy from that program for  9,337        

any community corrections program as described in division (B) of  9,338        

that section, and if a local corrections planning board is not     9,339        

established and maintained for that county or a local corrections  9,340        

planning board is established and maintained for that county but   9,341        

the board does not adopt a comprehensive plan as described in      9,342        

division (B) of this section in accordance with division (A)(3)    9,343        

of this section, then, prior to receiving a subsidy from the       9,344        

subsidy program for the felony community corrections program or    9,346        

from the subsidy program for the misdemeanor community                          

corrections program, the board shall obtain the approval of the    9,348        

relevant parties in the criminal justice system that will be       9,349        

affected by the community corrections program.                                  

      Sec. 5149.35.  (A)  The boards of county commissioners of    9,359        

two or more contiguous counties may enter into an agreement for    9,360        

the joint development, implementation, and operation of community  9,362        

corrections programs and, if the circumstances described in        9,364        

division (A)(1)(a) or (2) of section 5149.34 of the Revised Code   9,365        

apply to the counties, shall MAY establish and maintain a joint    9,367        

county corrections planning board.  Subject to division            9,368        

(A)(1)(b)(2) of section 5149.34 of the Revised Code, the board     9,369        

shall consist of an equal number of members of each county's       9,370        

local corrections planning board as established and maintained     9,371        

under division (A)(1)(a) or (2) of that section.  The joint        9,372        

county corrections planning board shall comply with the            9,373        

comprehensive plans adopted under that section in the operation    9,374        

of community corrections programs, but, if provisions of the       9,376        

comprehensive plans are contradictory or otherwise inconsistent,   9,377        

the board shall determine which provisions control.                9,378        

      (B)  If contiguous counties desire to receive a subsidy      9,380        

from a subsidy program established under division (A) of section   9,382        

5149.31 of the Revised Code for only one community corrections     9,383        

program as described in division (B) of that section, and if the   9,384        

counties did not receive prior to August 22, 1990, a subsidy from  9,386        

                                                          224    

                                                                 
that program for a community corrections program as described in                

division (B) of that section, then, on and after August 22, 1990,  9,388        

the boards of county commissioners of the counties may establish   9,391        

and maintain, but are not required to establish and maintain as a  9,392        

condition of receiving the subsidy, a joint county corrections     9,393        

planning board as described in division (A) of this section.  If   9,394        

the boards of county commissioners elect to establish and          9,395        

maintain a joint county corrections planning board, the board      9,396        

shall comply with either division (B) or (C) of section 5149.34    9,397        

of the Revised Code.  If the boards of county commissioners do     9,398        

not elect to establish and maintain a joint county corrections     9,399        

planning board or if they establish and maintain a joint county    9,400        

corrections planning board but the board does not adopt a          9,401        

comprehensive plan as described in division (B) of section         9,402        

5149.34 of the Revised Code, the board shall comply with division  9,403        

(C) of that section.                                                            

      Sec. 5149.36.  Subject to appropriations by the general      9,413        

assembly, the department of rehabilitation and correction shall    9,414        

award subsidies to eligible municipal corporations, counties, and  9,415        

groups of contiguous counties pursuant to the subsidy programs     9,416        

described in division (A) of section 5149.31 of the Revised Code   9,417        

only in accordance with criteria that the department shall         9,418        

specify in rules adopted pursuant to Chapter 119. of the Revised   9,419        

Code.  The criteria shall be designed to provide for subsidy       9,420        

awards only on the basis of demonstrated need and the              9,421        

satisfaction of specified priorities.  The criteria shall be       9,422        

consistent with the following:                                                  

      (A)  First priority shall be given to the continued funding  9,424        

of existing community corrections programs that satisfy the        9,426        

standards adopted pursuant to division (B) of section 5149.31 of   9,427        

the Revised Code and that are designed to reduce the number of     9,428        

persons committed to state correctional institutions.              9,429        

      (B)  Second priority shall be given to new community         9,431        

corrections programs that are designed to reduce the number of     9,433        

                                                          225    

                                                                 
persons committed to state correctional institutions or the        9,435        

number of persons committed to county, multicounty, municipal,     9,436        

municipal-county, or multicounty-municipal jails or workhouses.    9,437        

      Sec. 5149.37.  No provision of sections 5149.30 to 5149.36   9,446        

of the Revised Code shall be construed to impose limitations upon  9,447        

the power of the department of rehabilitation and correction       9,448        

under Chapters 5120. and 5149. of the Revised Code to afford       9,449        

municipal corporations and counties with and to supervise their    9,450        

probation, parole, and other corrections services, or to impose    9,451        

limitations upon the power of the department to contract with a    9,452        

county or group of contiguous counties that has not established a  9,453        

department of probation and receives probation services through    9,454        

the parole supervision section of the authority, for the purpose   9,455        

of establishing and maintaining with the amount of a subsidy       9,456        

awarded to the county or group of contiguous counties pursuant to  9,457        

sections 5149.31 to 5149.36 of the Revised Code one or more        9,458        

community corrections programs that meet the standards adopted     9,460        

under division (B) of section 5149.31 of the Revised Code and      9,461        

that are or will be operated by the parole supervision section as  9,462        

an extension of the probation services it provides to the county   9,463        

or group of contiguous counties.                                                

      Section 2.  That existing sections 9.83, 109.42, 307.93,     9,465        

341.14, 341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16,    9,466        

753.21, 2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25,      9,467        

2305.251, 2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14,    9,469        

2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2961.01,     9,470        

2963.35, 2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22,   9,472        

2967.26, 2967.27, 2967.28, 2969.21, 2969.22, 2969.24, 2969.26,     9,473        

3313.65, 5120.031, 5120.05, 5120.06, 5120.102, 5120.103,           9,474        

5120.104, 5120.105, 5120.16, 5120.331, 5120.38, 5122.10, 5145.16,  9,475        

5149.05, 5149.09, 5149.30, 5149.31, 5149.32, 5149.33, 5149.34,     9,478        

5149.35, 5149.36, and 5149.37 and sections 2967.23, 5120.07,                    

5120.071, 5120.072, 5120.073, and 5120.074 of the Revised Code     9,479        

are hereby repealed.                                               9,481        

                                                          226    

                                                                 
      Section 3.  That Sections 3, 4, and 5 of Am. Sub. H.B. 725   9,483        

of the 119th General Assembly are hereby repealed.                 9,484        

      Section 4.  Section 109.42 of the Revised Code is presented  9,487        

in this act as a composite of the section as amended by both Am.   9,488        

Sub. H.B. 601 and Am. Sub. H.B. 180 of the 121st General           9,489        

Assembly, with the new language of neither of the acts shown in    9,491        

capital letters.  Sections 307.93, 341.14, 341.19, 341.23,         9,492        

341.34, 753.02, 753.04, 753.16, 753.21, 2301.56, and 2947.19 of    9,493        

the Revised Code are presented in this act as a composite of the   9,494        

sections as amended by Sub. H.B. 480 and Am. Sub. S.B. 269 of the  9,495        

121st General Assembly, with the new language of neither of the    9,496        

acts shown in capital letters.  Section 2929.01 of the Revised     9,498        

Code is presented in this act as a composite of the section as     9,499        

amended by Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. S.B. 166,    9,500        

Am. Sub. S.B. 269, and Am. Sub. H.B. 180 of the 121st General      9,502        

Assembly, with the new language of none of the acts shown in       9,504        

capital letters.  Section 2929.13 of the Revised Code is           9,505        

presented in this act as a composite of the section as amended by  9,506        

Am. Sub. H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am.   9,507        

Sub. H.B. 180 of the 121st General Assembly, with the new          9,509        

language of none of the acts shown in capital letters.  Section    9,511        

2967.27 of the Revised Code is presented in this act as a          9,512        

composite of the section as amended by both Am. Sub. S.B. 269 and  9,513        

Am. Sub. H.B. 180 of the 121st General Assembly, with the new      9,514        

language of neither of the acts shown in capital letters.          9,515        

Section 3313.65 of the Revised Code is presented in this act as a  9,517        

composite of the section as amended by both Am. Sub. H.B. 117 and  9,518        

Am. Sub. S.B. 2 of the 121st General Assembly, with the new        9,519        

language of neither of the acts shown in capital letters.          9,520        

Section 5120.031 of the Revised Code is presented in this act as   9,522        

a composite of the section as amended by both Am. Sub. S.B. 269    9,523        

and Am. Sub. S.B. 230 of the 121st General Assembly, with the new  9,524        

language of neither of the acts shown in capital letters.  This    9,526        

is in recognition of the principle stated in division (B) of                    

                                                          227    

                                                                 
section 1.52 of the Revised Code that such amendments are to be    9,527        

harmonized where not substantively irreconcilable and constitutes  9,528        

a legislative finding that such is the resulting version in        9,529        

effect prior to the effective date of this act.                    9,530        

      Section 5.  Sections 1, 2, 3, and 4 of this act shall take   9,532        

effect on July 1, 1997, or on the earliest date permitted by law,  9,533        

whichever is later.