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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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(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.