As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 111 5
1997-1998 6
SENATORS B. JOHNSON-BLESSING-CARNES-WATTS-GAETH- 8
REPRESENTATIVES GARCIA-LEWIS-JOHNSON-PERZ-ROMAN-SAWYER- 9
OGG-PADGETT-OLMAN-PATTON-FORD-HEALY 10
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A B I L L
To amend sections 9.83, 109.42, 307.93, 341.14, 14
341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 15
753.16, 753.21, 2301.51, 2301.52, 2301.55,
2301.56, 2305.24, 2305.25, 2305.251, 2901.07, 17
2903.13, 2921.36, 2929.01, 2929.13, 2929.14,
2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 19
2950.01, 2961.01, 2963.35, 2967.01, 2967.131,
2967.14, 2967.15, 2967.191, 2967.22, 2967.26, 23
2967.27, 2967.28, 2969.21, 2969.22, 2969.24,
2969.26, 3313.65, 5120.031, 5120.05, 5120.06, 25
5120.102, 5120.103, 5120.104, 5120.105, 5120.16, 26
5120.331, 5120.38, 5122.10, 5145.16, 5149.05, 27
5149.09, 5149.30, 5149.31, 5149.32, 5149.33,
5149.34, 5149.35, 5149.36, and 5149.37, to enact 29
sections 2967.141, 5120.163, 5120.172, 5120.211, 31
5120.381, 5120.382, 5120.56, 5120.99, 5122.32, 32
5122.99, and 5145.24, to repeal sections 2967.23, 33
5120.07, 5120.071, 5120.072, 5120.073, and
5120.074 of the Revised Code, and to repeal 34
Sections 3, 4, and 5 of Am. Sub. H.B. 725 of the 35
119th General Assembly relative to the law
governing the Department of Rehabilitation and 36
Correction, to certain corrections-related 37
matters, to quality assurance records of the
Department of Rehabilitation and Correction and 38
the Department of Mental Health, to the
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competence as electors of felons who are on 39
judicial release or under post-release control, 40
and to the examination and testing for 41
tuberculosis, hepatitis, HIV infection, and other 42
contagious diseases of convicted and certain 43
accused offenders who are confined. 44
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 46
Section 1. That sections 9.83, 109.42, 307.93, 341.14, 48
341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16, 753.21, 49
2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25, 2305.251, 50
2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14, 2929.16, 51
2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2961.01, 2963.35, 52
2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 2967.26, 55
2967.27, 2967.28, 2969.21, 2969.22, 2969.24, 2969.26, 3313.65, 56
5120.031, 5120.05, 5120.06, 5120.102, 5120.103, 5120.104, 57
5120.105, 5120.16, 5120.331, 5120.38, 5122.10, 5145.16, 5149.05, 60
5149.09, 5149.30, 5149.31, 5149.32, 5149.33, 5149.34, 5149.35, 61
5149.36, and 5149.37 be amended and sections 2967.141, 5120.163, 62
5120.172, 5120.211, 5120.381, 5120.382, 5120.56, 5120.99, 65
5122.32, 5122.99, and 5145.24 of the Revised Code be enacted to 66
read as follows:
Sec. 9.83. (A) The state and any political subdivision 75
may procure a policy or policies of insurance insuring its 76
officers and employees against liability for injury, death, or 77
loss to person or property that arises out of the operation of an 78
automobile, truck, motor vehicle with auxiliary equipment, 79
self-propelling equipment or trailer, aircraft, or watercraft by 80
the officers or employees while engaged in the course of their 81
employment or official responsibilities for the state or the 82
political subdivision. The state is authorized to expend funds 83
to pay judgments that are rendered in any court against its 84
officers or employees and that result from such operation, and is 85
authorized to expend funds to compromise claims for liability 86
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against its officers or employees that result from such 87
operation. No insurer shall deny coverage under such a policy, 88
and the state shall not refuse to pay judgments or compromise 89
claims, on the ground that an automobile, truck, motor vehicle 90
with auxiliary equipment, self-propelling equipment or trailer, 91
aircraft, or watercraft was not being used in the course of an 92
officer's or employee's employment or official responsibilities 93
for the state or a political subdivision unless the officer or 94
employee who was operating an automobile, truck, motor vehicle 95
with auxiliary equipment, or self-propelling equipment or trailer 96
is convicted of a violation of section 124.71 of the Revised Code 97
as a result of the same events. 98
(B) Such funds shall be reserved as are necessary, in the 100
exercise of sound and prudent actuarial judgment, to cover 101
potential expense, fees, damage, loss, or other liability. The 102
superintendent of insurance may recommend or, if the state 103
requests of the superintendent, shall recommend, a specific 104
amount for any period of time that, in his THE SUPERINTENDENT'S 105
opinion, represents such a judgment. 107
(C) Nothing in this section shall be construed to require 109
the department of administrative services to purchase liability 110
insurance for all state vehicles in a single policy of insurance 111
or to cover all state vehicles under a single plan of 112
self-insurance. 113
(D) Insurance procured by the state pursuant to this 115
section shall be procured as provided in section 125.03 of the 116
Revised Code. 117
(E) FOR PURPOSES OF LIABILITY INSURANCE PROCURED UNDER 119
THIS SECTION TO COVER THE OPERATION OF A MOTOR VEHICLE BY A 120
PRISONER FOR WHOM THE INSURANCE IS PROCURED, "EMPLOYEE" INCLUDES 121
A PRISONER IN THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND 123
CORRECTION WHO IS ENROLLED IN A WORK PROGRAM THAT IS ESTABLISHED 124
BY THE DEPARTMENT PURSUANT TO SECTION 5145.16 OF THE REVISED CODE
AND IN WHICH THE PRISONER IS REQUIRED TO OPERATE A MOTOR VEHICLE, 125
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AS DEFINED IN SECTION 4509.01 OF THE REVISED CODE, AND WHO IS 126
ENGAGED IN THE OPERATION OF A MOTOR VEHICLE IN THE COURSE OF THE 127
WORK PROGRAM.
Sec. 109.42. (A) The attorney general shall prepare and 136
have printed a pamphlet that contains a compilation of all 137
statutes relative to victim's rights in which the attorney 138
general lists and explains the statutes in the form of a victim's 140
bill of rights. The attorney general shall distribute the 141
pamphlet to all sheriffs, marshals, municipal corporation and 143
township police departments, constables, and other law 144
enforcement agencies, to all prosecuting attorneys, city 145
directors of law, village solicitors, and other similar chief 146
legal officers of municipal corporations, and to organizations 147
that represent or provide services for victims of crime. The 148
victim's bill of rights set forth in the pamphlet shall contain a 149
description of all of the rights of victims that are provided for 150
in Chapter 2930. or in any other section of the Revised Code and 151
shall include, but not be limited to, all of the following: 152
(1) The right of a victim or a victim's representative to 155
attend a proceeding before a grand jury, in a juvenile case, or 156
in a criminal case pursuant to a subpoena without being 157
discharged from the victim's or representative's employment, 158
having the victim's or representative's employment terminated, 159
having the victim's or representative's pay decreased or 160
withheld, or otherwise being punished, penalized, or threatened 161
as a result of time lost from regular employment because of the 162
victim's or representative's attendance at the proceeding 164
pursuant to the subpoena, as set forth in section 2151.211, 165
2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 167
2151.411 of the Revised Code of a forfeited recognizance to pay 168
damages caused by a child when the delinquency of the child or 169
child's violation of probation is found to be proximately caused 170
by the failure of the child's parent or guardian to subject the 171
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child to reasonable parental authority or to faithfully discharge 172
the conditions of probation; 173
(3) The availability of awards of reparations pursuant to 175
sections 2743.51 to 2743.72 of the Revised Code for injuries 176
caused by criminal offenses; 177
(4) The right of the victim in certain criminal cases or a 179
victim's representative to receive, pursuant to section 2930.06 180
of the Revised Code, notice of the date, time, and place of the 181
trial in the case or, if there will not be a trial, information 182
from the prosecutor, as defined in section 2930.01 of the Revised 183
Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal cases or a 185
victim's representative to receive, pursuant to section 2930.04, 186
2930.05, or 2930.06 of the Revised Code, notice of the name of 187
the person charged with the violation, the case or docket number 188
assigned to the charge, and a telephone number or numbers that 189
can be called to obtain information about the disposition of the 190
case;
(6) The right of the victim in certain criminal cases or 192
of the victim's representative pursuant to section 2930.13 or 194
2930.14 of the Revised Code, subject to any reasonable terms set 195
by the court as authorized under section 2930.14 of the Revised 196
Code, to make a statement about the victimization and, if 198
applicable, a statement relative to the sentencing of the 199
offender; 200
(7) The opportunity to obtain a court order, pursuant to 202
section 2945.04 of the Revised Code, to prevent or stop the 203
commission of the offense of intimidation of a crime victim or 204
witness or an offense against the person or property of the 205
complainant, or of the complainant's ward or child; 206
(8) The right of the victim in certain criminal cases or a 208
victim's representative pursuant to sections 2929.20, 2930.10, 209
2930.16, and 2930.17 of the Revised Code to receive notice of a 210
pending motion for judicial release of the person who committed 212
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the offense against the victim and to make an oral or written
statement at the court hearing on the motion; 213
(9) The right of the victim in certain criminal cases or a 215
victim's representative, pursuant to section 2930.16, 2967.12, OR 217
2967.26, or 2967.27 of the Revised Code, to receive notice of any 218
pending commutation, pardon, parole, or furlough TRANSITIONAL 219
CONTROL, OTHER FORM OF AUTHORIZED RELEASE, OR POST-RELEASE 220
CONTROL for the person who committed the offense against the 221
victim or any application for release of that person and to send 223
a written statement relative to the victimization and the pending 224
action to the adult parole authority; 225
(10) The right of the victim to bring a civil action 227
pursuant to sections 2969.01 to 2969.06 of the Revised Code to 228
obtain money from the offender's profit fund; 229
(11) The right, pursuant to section 3109.09 of the Revised 232
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a 234
minor who willfully damages property through the commission of an 235
act that would be a theft offense, as defined in section 2913.01 236
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised 238
Code, to maintain a civil action to recover compensatory damages 239
not exceeding ten thousand dollars and costs from the parent of a 240
minor who willfully and maliciously assaults a person; 241
(13) The possibility of receiving restitution from an 243
offender or a delinquent child pursuant to section 2151.355, 244
2929.18, or 2929.21 of the Revised Code; 245
(14) The right of the victim in certain criminal cases or 248
a victim's representative, pursuant to section 2930.16 of the
Revised Code, to receive notice of the escape from confinement or 250
custody of the person who committed the offense, to receive that 251
notice from the custodial agency of the person at the victim's 252
last address or telephone number provided to the custodial 253
agency, and to receive notice that, if either the victim's 254
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address or telephone number changes, it is in the victim's 255
interest to provide the new address or telephone number to the 256
custodial agency. 257
(15) The right of a victim of domestic violence to seek 259
the issuance of a temporary protection order pursuant to section 261
2919.26 of the Revised Code, to seek the issuance of a civil 262
protection order pursuant to section 3113.31 of the Revised Code, 263
and to be accompanied by a victim advocate during court
proceedings. 264
(16) The right of a victim of a sexually oriented offense 267
that is committed by a person who is adjudicated as being a 268
sexual predator or, in certain cases, by a person who is 269
determined to be a habitual sex offender to receive, pursuant to 270
section 2950.10 of the Revised Code, notice that the offender has 272
registered with a sheriff under section 2950.04 or 2950.05 of the 273
Revised Code and notice of the offender's name and residence 274
address or addresses, and a summary of the manner in which the 275
victim must make a request to receive the notice. As used in 276
this division, "sexually oriented offense," "adjudicated as being 277
a sexual predator," and "habitual sex offender" have the same 278
meanings as in section 2950.01 of the Revised Code. 279
(17) The right of a victim of certain sexually violent 281
offenses committed by a sexually violent predator who is 282
sentenced to a prison term pursuant to division (A)(3) of section 284
2971.03 of the Revised Code to receive, pursuant to section 285
2930.16 of the Revised Code, notice of a hearing to determine 286
whether to modify the requirement that the offender serve the 287
entire prison term in a state correctional facility, whether to 288
continue, revise, or revoke any existing modification of that 289
requirement, or whether to terminate the prison term. As used in 290
this division, "sexually violent offense" and "sexually violent 291
predator" have the same meanings as in section 2971.01 of the 292
Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a 294
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prosecuting attorney, assistant prosecuting attorney, city 296
director of law, assistant director of law, village solicitor, 297
assistant village solicitor, or similar chief legal officer of a 298
municipal corporation or an assistant of any such officer who 299
prosecutes an offense committed in this state, upon first contact 300
with the victim of the offense, the victim's family, or the 301
victim's dependents, shall give the victim, the victim's family, 302
or the victim's dependents a copy of the pamphlet prepared 303
pursuant to division (A) of this section and explain, upon 304
request, the information in the pamphlet to the victim, the 305
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law 307
enforcement agency that investigates an offense committed in this 310
state shall give the victim of the offense, the victim's family, 311
or the victim's dependents a copy of the pamphlet prepared 313
pursuant to division (A) of this section at one of the following 314
times:
(i) Upon first contact with the victim, the victim's 316
family, or the victim's dependents; 317
(ii) If the offense is an offense of violence, if the 319
circumstances of the offense and the condition of the victim, the 321
victim's family or the victim's dependents indicate that the
victim, the victim's family, or the victim's dependents will not 322
be able to understand the significance of the pamphlet upon first 324
contact with the agency, and if the agency anticipates that it 325
will have an additional contact with the victim, the victim's 326
family, or the victim's dependents, upon the agency's second 327
contact with the victim, the victim's family, or the victim's 328
dependents.
If the agency does not give the victim, the victim's 330
family, or the victim's dependents a copy of the pamphlet upon 331
first contact with them and does not have a second contact with 332
the victim, the victim's family, or the victim's dependents, the 334
agency shall mail a copy of the pamphlet to the victim, the 335
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victim's family, or the victim's dependents at their last known 336
address. 337
(c) In complying on and after December 9, 1994, with the 339
duties imposed by division (B)(1)(a) or (b) of this section, an 341
official or a law enforcement agency shall use copies of the 342
pamphlet that are in the official's or agency's possession on 343
December 9, 1994, until the official or agency has distributed 345
all of those copies. After the official or agency has 346
distributed all of those copies, the official or agency shall use 347
only copies of the pamphlet that contain at least the information 348
described in division (A)(1) to (15) of this section. 349
(2) The failure of a law enforcement agency or of a 351
prosecuting attorney, assistant prosecuting attorney, director of 352
law, assistant director of law, village solicitor, assistant 353
village solicitor, or similar chief legal officer of a municipal 354
corporation or an assistant to any such officer to give, as 355
required by division (B)(1) of this section, the victim of an 357
offense, the victim's family, or the victim's dependents a copy 358
of the pamphlet prepared pursuant to division (A) of this section 359
does not give the victim, the victim's family, the victim's 360
dependents, or a victim's representative any rights under section 362
122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 363
3109.09, or 3109.10 of the Revised Code or under any other 364
provision of the Revised Code and does not affect any right under 365
those sections. 366
(3) A law enforcement agency, a prosecuting attorney or 368
assistant prosecuting attorney, or a director of law, assistant 369
director of law, village solicitor, assistant village solicitor, 370
or similar chief legal officer of a municipal corporation that 371
distributes a copy of the pamphlet prepared pursuant to division 372
(A) of this section shall not be required to distribute a copy of 373
an information card or other printed material provided by the 374
clerk of the court of claims pursuant to section 2743.71 of the 375
Revised Code.
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(C) The cost of printing and distributing the pamphlet 377
prepared pursuant to division (A) of this section shall be paid 378
out of the reparations fund, created pursuant to section 2743.191 379
of the Revised Code, in accordance with division (D) of that 380
section. 381
(D) As used in this section: 383
(1) "Victim's representative" has the same meaning as in 385
section 2930.01 of the Revised Code; 386
(2) "Victim advocate" has the same meaning as in section 389
2919.26 of the Revised Code.
Sec. 307.93. (A) The boards of county commissioners of 399
two or more adjacent counties may contract for the joint 400
establishment of a multicounty correctional center, and the board 401
of county commissioners of a county or the boards of two or more 402
counties may contract with any municipal corporation or municipal 403
corporations located in that county or those counties for the 404
joint establishment of a municipal-county or 405
multicounty-municipal correctional center. The center shall 406
augment county and, where applicable, municipal jail programs and 407
facilities by providing custody and rehabilitative programs for 408
those persons under the charge of the sheriff of any of the 409
contracting counties or of the officer or officers of the 410
contracting municipal corporation or municipal corporations 411
having charge of persons incarcerated in the municipal jail, 412
workhouse, or other correctional facility who, in the opinion of 413
the sentencing court, need programs of custody and rehabilitation 414
not available at the county or municipal jail and by providing 415
custody and rehabilitative programs in accordance with division 416
(C) of this section, if applicable. The contract may include, 417
but need not be limited to, provisions regarding the acquisition, 418
construction, maintenance, repair, termination of operations, and 419
administration of the center. The contract shall prescribe the 420
manner of funding of, and debt assumption for, the center and the 421
standards and procedures to be followed in the operation of the 422
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center. Except as provided in division (H) of this section, the 424
contracting counties and municipal corporations shall form a 426
corrections commission to oversee the administration of the 427
center. Members of the commission shall consist of the sheriff 428
of each participating county, the president of the board of 429
county commissioners of each participating county, the presiding 430
judge of the court of common pleas of each participating county, 431
or, if the court of common pleas of a participating county has 432
only one judge, then that judge, the chief of police of each 433
participating municipal corporation, the mayor or city manager of 434
each participating municipal corporation, and the presiding judge 435
or the sole judge of the municipal court of each participating 436
municipal corporation. Any of the foregoing officers may appoint 437
a designee to serve in the officer's place on the corrections 438
commission. The standards and procedures shall be formulated and 439
agreed to by the commission and may be amended at any time during 440
the life of the contract by agreement of the parties to the 441
contract upon the advice of the commission. The standards and 442
procedures formulated by the commission shall include, but need 443
not be limited to, designation of the person in charge of the 444
center, the categories of employees to be employed at the center, 445
the appointing authority of the center, and the standards of 446
treatment and security to be maintained at the center. The 447
person in charge of, and all persons employed to work at, the 448
center shall have all the powers of police officers as are 449
necessary for the proper performance of the duties relating to 450
their positions at the center.
(B) Each board of county commissioners that enters a 452
contract under division (A) of this section may appoint a 453
building commission pursuant to section 153.21 of the Revised 454
Code. If any commissions are appointed, they shall function 455
jointly in the construction of a multicounty or 456
multicounty-municipal correctional center with all the powers and 457
duties authorized by law. 458
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(C) Prior to the acceptance for custody and rehabilitation 460
into a center established under this section of any persons who 461
are designated by the department of rehabilitation and 462
correction, who plead guilty to or are convicted of a felony of 463
the fourth or fifth degree, and who satisfy the other
requirements listed in section 5120.161 of the Revised Code, the 464
corrections commission of a center established under this section 466
shall enter into an agreement with the department of 467
rehabilitation and correction under section 5120.161 of the 468
Revised Code for the custody and rehabilitation in the center of 469
persons who are designated by the department, who plead guilty to 470
or are convicted of a felony of the fourth or fifth degree, and 471
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in 472
the center pursuant to an agreement entered into under this 473
division shall be subject to supervision and control in the 475
manner described in section 5120.161 of the Revised Code. This 476
division does not affect the authority of a court to directly 477
sentence a person who is convicted of or pleads guilty to a 478
felony to the center in accordance with section 2929.16 of the
Revised Code. 479
(D)(1) Each board of county commissioners and the 481
legislative authority of each municipal corporation that enters 482
into a contract under division (A) of this section may require a 483
person who was convicted of an offense an offense, who is under 485
the charge of the sheriff of their county or of the officer or 486
officers of the contracting municipal corporation or municipal 487
corporations having charge of persons incarcerated in the 488
municipal jail, workhouse, or other correctional facility, and 489
who is confined in the multicounty or multicounty-municipal
correctional center as provided in that division, to reimburse 490
the applicable county or municipal corporation for its expenses 491
incurred by reason of the person's confinement in the center. 492
The expenses of confinement include, but are not limited to, the 493
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expenses relating to the provision of food, clothing, shelter, 495
medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, 496
and up to two hours of overtime costs the sheriff or municipal 497
corporation incurred relating to the trial of the person. The 499
amount of reimbursement may be the actual cost of the prisoner's 500
PERSON'S confinement plus the authorized trial overtime costs or 501
a lesser amount determined by the board of county commissioners 502
of the county or the legislative authority of the municipal 503
corporation, provided that the lesser amount shall be determined 504
by a formula that is uniformly applied to persons incarcerated in 505
the center. The amount of reimbursement shall be determined by a 506
court at a hearing held pursuant to section 2929.18 of the 507
Revised Code if the prisoner person is confined for a felony or 508
section 2929.223 of the Revised Code if the prisoner person is 509
confined for a misdemeanor. The a confined for a misdemeanor 510
amount or amounts paid in reimbursement by a prisoner PERSON 512
confined for a misdemeanor or the amount recovered from a 513
prisoner PERSON confined for a misdemeanor by executing upon the 514
judgment obtained pursuant to section 2929.223 of the Revised 515
Code shall be paid into the treasury of the county or municipal 516
corporation that incurred the expenses. If a prisoner person is 517
confined for a felony and the court imposes a sanction under 518
section 2929.18 of the Revised Code that requires the prisoner 519
person to reimburse the costs of confinement, the prosecuting 521
attorney of the county or the director of law of the municipal
corporation shall bring an action to recover the expenses of the 523
confinement, as determined by the court pursuant to section
2929.181 in accordance with section 2929.18 of the Revised Code. 524
(2) Each board of county commissioners and the legislative 526
authority of each municipal corporation that enters into a 527
contract under division (A) of this section may adopt a 528
resolution or ordinance specifying that a person who was 529
convicted of a felony, who is under the charge of the sheriff of 530
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their county or of an officer of one of the contracting municipal 531
corporations having charge of persons incarcerated in the 532
municipal jail, workhouse, or other facility, and who is confined 533
in the multicounty or multicounty-municipal correctional center 534
as provided in that division is not required to reimburse the
applicable county or municipal corporation for its expenses 536
incurred by reason of the person's confinement in the center, 537
including the expenses listed in division (D)(1) of this section. 538
If the boards and legislative authorities adopt a resolution or 539
ordnance ORDINANCE of that nature, the boards and legislative 540
authorities shall provide a copy to the courts of common pleas of 541
their counties, and the court that sentences a person convicted 542
of a felony shall not impose a sanction under section 2929.18 of 543
the Revised Code that requires the person to reimburse the costs
of the confinement. 544
(E) In lieu of requiring offenders to reimburse the county 546
for expenses incurred by reason of the person's confinement under 547
division (D) of this section, each board of county commissioners 548
and the legislative authority of each municipal corporation that 549
enters into a contract under division (A) of this section may 550
jointly adopt a prisoner reimbursement policy for the center
pursuant to this section to be administered by the person 551
appointed under division (A) of this section to be in charge of 552
the center. The person in charge may appoint a reimbursement 553
coordinator to administer the center's prisoner reimbursement 554
policy. A prisoner reimbursement policy adopted under this 555
division is a policy that requires a person confined to the
center to reimburse the applicable political subdivisions for any 556
expenses incurred by reason of the person's confinement in the 557
center, which expenses may include, but are not limited to, the 558
following:
(1) A per diem fee for room and board of not more than 560
sixty dollars per day or the actual per diem cost, whichever is 561
less, for the entire period of time the person is confined to the 562
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center;
(2) Actual charges for medical and dental treatment; 564
(3) Reimbursement for government property damaged by the 566
person while confined to the center. 567
Rates charged shall be on a sliding scale determined by the 569
corrections commission based on the ability of the person 570
confined to the center to pay and on consideration of any legal 571
obligation of the person to support a spouse, minor children, or 572
other dependents and any moral obligation to support dependents 573
to whom the person is providing or has in fact provided support. 574
The reimbursement coordinator or another person designated 576
by the person in charge may investigate the financial status of 577
the confined person and obtain information necessary to 578
investigate that status, by means that may include contacting 579
employers and reviewing income tax records. The coordinator may
work with the confined person to create a repayment plan to be 580
implemented upon the person's release. At the end of that 581
person's incarceration, the person shall be presented with a 582
billing statement.
The reimbursement coordinator or another person designated 584
by the person in charge of the center may collect, or the 585
corrections commission may enter into a contract with one or more 586
public agencies or private vendors to collect, any amounts 587
remaining unpaid. Within twelve months after the date of the
confined person's release, the prosecuting attorney, city 589
director of law, or village solicitor of a participating
political subdivision may file a civil action to seek 590
reimbursement from that person for any billing amount that 591
remains unpaid. The participating political subdivisions shall 592
not enforce any judgment obtained under this section by means of 593
execution against the person's homestead. For purposes of this 594
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 595
under this section shall be credited to the general fund of the 596
16
political subdivision that bore the expense, to be used for 597
general fund purposes.
(F)(1) Notwithstanding any contrary provision in this 599
section or section 2929.18 or 2929.223 of the Revised Code, the 600
corrections commission of a center may establish a policy that 601
requires any person who is not indigent and who is confined in 602
the multicounty, municipal-county, or multicounty-municipal 603
correctional center to pay a reasonable fee for any medical 604
treatment or service requested by and provided to that person.
This fee shall not exceed the actual cost of the treatment or 605
service provided. No person confined to a multicounty, 606
municipal-county, or multicounty-municipal correctional center 607
who is indigent shall be required to pay those fees, and no 608
person who is confined to a correctional center of that type
shall be denied any necessary medical care because of inability 609
to pay those fees.
Upon provision of the requested medical treatment or 611
service, payment of the required fee may be automatically 612
deducted from a person's account record in the center's business 613
office. If the person has no funds in the person's account, a 614
deduction may be made at a later date during the person's
confinement in the center if funds later become available in the 615
person's account. If the person is released from the center and 616
has an unpaid balance of these fees, the corrections commission 617
may bill the person for payment of the remaining unpaid fees. 618
Fees received for medical treatment or services shall be paid 619
into the commissary fund, if one has been created for the center, 620
or if no such fund exists, into the treasuries of the political
subdivisions that incurred the expenses of those treatments and 621
services, in the same proportion as those expenses were borne by 622
those political subdivisions. 623
(2) If a person confined to a multicounty, 625
municipal-county, or multicounty-municipal correctional center is 626
required under division (D) or (E) of this section or section 627
17
2929.18 or 2929.223 of the Revised Code to reimburse a county or 628
municipal corporation for expenses incurred by reason of the 629
person's confinement to the center, any fees paid by the person 630
under division (F)(1) of this section shall be deducted from the 631
expenses required to be reimbursed under division (D) or (E) of 632
this section or section 2929.18 or 2929.223 of the Revised Code.
(G)(1) The corrections commission of a center established 635
under this section may establish a commissary for the center. 636
The commissary may be established either in-house or by another 637
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. 639
A person's purchases from the commissary shall be deducted from 640
the person's account record in the center's business office. The 641
commissary shall provide for the distribution to indigent persons 642
incarcerated in the center of necessary hygiene articles and 643
writing materials.
(2) If a commissary is established, the corrections 645
commission of a center established under this section shall 646
establish a commissary fund for the center. The management of 647
funds in the commissary fund shall be strictly controlled in 648
accordance with procedures adopted by the auditor of state. 649
Commissary fund revenue over and above operating costs and 650
reserve shall be considered profits. All profits from the 651
commissary fund shall be used to purchase supplies and equipment 652
for the benefit of persons incarcerated in the center. The 653
corrections commission shall adopt rules and regulations for the 654
operation of any commissary fund it establishes. 655
(H) In lieu of forming a corrections commission to 657
administer a multicounty correctional center or a 658
municipal-county or multicounty-municipal correctional center, 659
the boards of county commissioners and the legislative 660
authorities of the municipal corporations contracting to
establish the center may also agree to contract for the private 661
operation and management of the center as provided in section 662
18
9.06 of the Revised Code, but only if the center houses only 663
misdemeanant inmates. In order to enter into a contract under 664
section 9.06 of the Revised Code, all the boards and legislative 665
authorities establishing the center shall approve and be parties 666
to the contract.
(I) IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN 668
OFFENSE IS SENTENCED TO A TERM IN A MULTICOUNTY CORRECTIONAL 669
CENTER OR A MUNICIPAL-COUNTY OR MULTICOUNTY-MUNICIPAL 670
CORRECTIONAL CENTER OR IS INCARCERATED IN THE CENTER IN THE 671
MANNER DESCRIBED IN DIVISION (C) OF THIS SECTION, OR IF A PERSON 672
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 673
A MULTICOUNTY CORRECTIONAL CENTER OR A MUNICIPAL-COUNTY OR 674
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER PENDING TRIAL, AT THE 676
TIME OF RECEPTION AND AT OTHER TIMES THE OFFICER, OFFICERS, OR 677
OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER DETERMINES 678
TO BE APPROPRIATE, THE OFFICER, OFFICERS, OR OTHER PERSON IN
CHARGE OF THE OPERATION OF THE CENTER MAY CAUSE THE CONVICTED OR 679
ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 680
INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, 681
B, AND C, AND OTHER CONTAGIOUS DISEASES. THE OFFICER, OFFICERS, 683
OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE CENTER MAY 684
CAUSE A CONVICTED OR ACCUSED OFFENDER IN THE CENTER WHO REFUSES 685
TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, 686
HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR 689
ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED
INVOLUNTARILY. 690
(J) As used in this section, "multicounty-municipal" means 691
more than one county and a municipal corporation, or more than 692
one municipal corporation and a county, or more than one 693
municipal corporation and more than one county. 694
Sec. 341.14. (A) The sheriff of an adjoining county shall 704
not receive prisoners as provided by section 341.12 of the 705
Revised Code unless there is deposited weekly with the sheriff an 707
19
amount equal to the actual cost of keeping and feeding each
prisoner so committed for the use of the jail of that county, and 708
the same amount for a period of time less than one week. If a 709
prisoner is discharged before the expiration of the term for 710
which the prisoner was committed, the excess of the amount 711
advanced shall be refunded.
(B)(1) The board of county commissioners of the county 713
that receives pursuant to section 341.12 of the Revised Code for 714
confinement in its jail, a prisoner who was convicted of an 715
offense, may require the prisoner to reimburse the county for its 717
expenses incurred by reason of the prisoner's confinement, 718
including, but not limited to, the expenses relating to the 719
provision of food, clothing, shelter, medical care, person 720
hygiene products, including, but not limited to, toothpaste, 721
toothbrushes, and feminine hygiene items, and up to two hours of
overtime costs the sheriff or municipal corporation incurred 722
relating to the trial of the person. The amount of reimbursement 724
may be the actual cost of the prisoner's confinement plus the 725
authorized trial overtime costs or a lesser amount determined by
the board of county commissioners of the county, provided that 727
the lesser amount shall be determined by a formula that is 728
uniformly applied to persons incarcerated in the jail. The
amount of reimbursement shall be determined by a court at a 729
hearing held pursuant to section 2929.18 of the Revised Code if 730
the prisoner is confined for a felony or section 2929.223 of the 731
Revised Code if the prisoner is confined for a misdemeanor. The 732
a confined for a misdemeanor amount or amounts paid in 733
reimbursement by a prisoner confined for a misdemeanor or the 734
amount recovered from a prisoner confined for a misdemeanor by 735
executing upon the judgment obtained pursuant to section 2929.223 737
of the Revised Code shall be paid into the county treasury. If a 738
prisoner is confined for a felony and the court imposes a 739
sanction under section 2929.18 of the Revised Code that requires
the prisoner to reimburse the costs of confinement, the 740
20
prosecuting attorney shall bring an action to recover the 741
expenses of confinement, the IN ACCORDANCE WITH SECTION 2929.18 742
of the Revised Code.
(2) The board of county commissioners of the county that 744
receives, pursuant to section 341.12 of the Revised Code for 745
confinement in its jail a prisoner who was convicted of a felony 746
may adopt a resolution specifying that prisoners convicted of 747
felonies are not required to reimburse the county for its 748
expenses incurred by reason of the prisoner's confinement,
including the expenses listed in division (B)(1) of this section. 749
If the board adopts a resolution of that nature, the board shall 750
provide a copy to the court of common pleas of the county, and 751
the court that sentences a person convicted of a felony shall not 752
impose a sanction under section 2929.18 of the Revised Code that 753
requires the person to reimburse the costs of the confinement. 754
(C) Divisions (A) and (B) of section 341.06 of the Revised 757
Code apply regarding a prisoner confined in a jail as described
in division (B) of this section. 758
(D) IF A COUNTY RECEIVES PURSUANT TO SECTION 341.12 OF THE 760
REVISED CODE FOR CONFINEMENT IN ITS JAIL A PERSON WHO HAS BEEN 762
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 763
FOR AN OFFENSE, WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND 764
HAS NOT BEEN RELEASED ON BAIL, AND WHO IS CONFINED IN JAIL 765
PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE 766
SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE JAIL 767
DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN 768
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR 769
ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 770
INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, 771
B, AND C, AND OTHER CONTAGIOUS DISEASES. THE SHERIFF OR OTHER 773
PERSON IN CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A
CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE 774
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 775
21
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 776
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 778
Sec. 341.19. (A)(1) The board of county commissioners may 788
require a person who was convicted of an offense and who is 789
confined in the county jail to reimburse the county for its 790
expenses incurred by reason of the person's confinement, 791
including, but not limited to, the expenses relating to the 792
provision of food, clothing, shelter, medical care, personal
hygiene products, including, but not limited to, toothpaste, 793
toothbrushes, and feminine hygiene items, and up to two hours of 794
overtime costs the sheriff or municipal corporation incurred 795
relating to the trial of the person. The amount of reimbursement 796
may be the actual cost of the prisoner's confinement plus the 797
authorized trial overtime costs or a lesser amount determined by 799
the board of county commissioners of the county, provided that 800
the lesser amount shall be determined by a formula that is
uniformly applied to persons incarcerated in the jail. The 801
amount of reimbursement shall be determined by a court at a 802
hearing held pursuant to section 2929.18 of the Revised Code if 803
the prisoner PERSON is confined for a felony or section 2929.223 804
of the Revised Code if the prisoner PERSON is confined for a 805
misdemeanor. The a confined for a misdemeanor amount or amounts 806
paid in reimbursement by a prisoner PERSON confined for a 808
misdemeanor or the amount recovered from a prisoner PERSON 809
confined for a misdemeanor by executing upon the judgment 810
obtained pursuant to section 2929.223 of the Revised Code shall 811
be paid into the county treasury. If a prisoner PERSON is 812
confined for a felony and the court imposes a sanction under 813
section 2929.18 of the Revised Code that requires the prisoner 814
PERSON to reimburse the costs of confinement, the prosecuting 815
attorney shall bring an action to recover the expenses of 816
confinement in accordance with section 2929.18 of the Revised
Code. 817
(2)(B) The board of county commissioners may adopt a 820
22
resolution specifying that a person who is convicted of a felony
and who is confined in the county jail is not required to 821
reimburse the county for its expenses incurred by reason of the 822
person's confinement, including the expenses listed in division 823
(A)(1) of this section. If the board adopts a resolution of that 824
nature, the board shall provide a copy to the court of common 825
pleas of the county, and the court that sentences a person 826
convicted of a felony shall not impose a sanction under section 827
2929.18 of the Revised Code that requires the person to reimburse
the costs of the confinement. 828
(B) Divisions (A) and (B) of section 341.06 of the Revised 831
Code apply regarding a prisoner confined in a jail as described
in division (A) of this section. 832
(C) IF A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN 834
OFFENSE IS SENTENCED TO A TERM IN A JAIL, OR IF A PERSON WHO HAS 835
BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS 836
HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL IS CONFINED IN 837
JAIL PENDING TRIAL, AT THE TIME OF RECEPTION AND AT OTHER TIMES 838
THE SHERIFF OR OTHER PERSON IN CHARGE OF THE OPERATION OF THE 840
JAIL DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN 841
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR 842
ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 843
INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, 844
B, AND C, AND OTHER CONTAGIOUS DISEASES. THE SHERIFF OR OTHER 846
PERSON IN CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A
CONVICTED OR ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE 847
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 848
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 849
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 851
Sec. 341.21. (A) The board of county commissioners may 860
direct the sheriff to receive into custody prisoners charged with 862
or convicted of crime by the United States, and to keep such
prisoners until discharged. 863
The board of the county in which prisoners charged with or 865
23
convicted of crime by the United States may be so committed may 866
negotiate and conclude any contracts with the United States for 867
the use of the jail as provided by this section and as the board 868
sees fit.
A prisoner so committed shall be supported at the expense 870
of the United States during the prisoner's confinement in the 872
county jail. No greater compensation shall be charged by a 873
sheriff for the subsistence of that type of prisoner than is 874
provided by section 311.20 of the Revised Code to be charged for 875
the subsistence of state prisoners. 876
A sheriff or jailer who neglects or refuses to perform the 878
services and duties directed by the board by reason of this 879
division, shall be liable to the same penalties, forfeitures, and 880
actions as if the prisoner had been committed under the authority 882
of this state.
(B) Prior to the acceptance for housing into the county 884
jail of persons who are designated by the department of 885
rehabilitation and correction, who plead guilty to or are 886
convicted of a felony of the fourth or fifth degree, and who 887
satisfy the other requirements listed in section 5120.161 of the 888
Revised Code, the board of county commissioners shall enter into
an agreement with the department of rehabilitation and correction 889
under section 5120.161 of the Revised Code for the housing in the 890
county jail of persons designated by the department who plead 891
guilty to or are convicted of a felony of the fourth or fifth 892
degree and who satisfy the other requirements listed in that 893
section in exchange for a per diem fee per person. Persons 894
incarcerated in the county jail pursuant to an agreement entered 895
into under this division shall be subject to supervision and 897
control in the manner described in section 5120.161 of the 898
Revised Code. This division does not affect the authority of a 899
court to directly sentence a person who is convicted of or pleads 900
guilty to a felony to the county jail in accordance with section
2929.16 of the Revised Code. 901
24
(C)(1) Notwithstanding any contrary provision in the 903
Revised Code, the board of county commissioners may establish a 904
policy that requires any person who is not indigent and who is 905
confined in the jail under division (B) of this section to pay a 906
reasonable fee for any medical treatment or service requested by 907
and provided to that person. This fee shall not exceed the
actual cost of the treatment or service requested by and provided 908
to that person. This fee shall not exceed the actual cost of the 909
treatment or service provided. No person confined to the jail 910
who is indigent shall be required to pay those fees, and no 911
person confined to the jail shall be denied any necessary medical
care because of inability to pay those fees. 912
Upon provision of the requested medical treatment or 914
service, payment of the required fee may be automatically 915
deducted from a person's account record in the jail's business 916
office. If the person has no funds in the person's account, a 917
deduction may be made at a later date during the person's
confinement in the jail if funds later become available in the 918
person's account. If the person is released from the jail and 919
has an unpaid balance of these fees, the board of county 920
commissioners may bill the person for payment of the remaining 921
unpaid fees. Fees received for medical treatment or services
shall be paid into the commissary fund, if one has been 922
established for the jail or if no such fund exists, into the 923
county treasury.
(2) If a person confined to the jail is required under 925
section 341.06, 2929.18, or 2929.223 of the Revised Code to 926
reimburse the county for expenses incurred by reason of the 927
person's confinement to the jail, any fees paid by the person 928
under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under section 341.06, 2929.18, 930
or 2929.223 of the Revised Code.
(D) IF A SHERIFF RECEIVES INTO CUSTODY A PRISONER 932
CONVICTED OF CRIME BY THE UNITED STATES AS DESCRIBED IN DIVISION 933
25
(A) OF THIS SECTION, IF A PERSON WHO HAS BEEN CONVICTED OF OR 934
PLEADED GUILTY TO AN OFFENSE IS INCARCERATED IN THE JAIL IN THE 935
MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, IF A SHERIFF 936
RECEIVES INTO CUSTODY A PRISONER CHARGED WITH A CRIME BY THE 937
UNITED STATES AND THE PRISONER HAS HAD BAIL DENIED OR HAS HAD 938
BAIL SET, HAS NOT BEEN RELEASED ON BAIL, AND IS CONFINED IN JAIL 939
PENDING TRIAL, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN 940
OFFENSE, AND WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS 941
NOT BEEN RELEASED ON BAIL IS CONFINED IN JAIL PENDING TRIAL, AT 942
THE TIME OF RECEPTION AND AT OTHER TIMES THE SHERIFF OR OTHER 943
PERSON IN CHARGE OF THE OPERATION OF THE JAIL DETERMINES TO BE 944
APPROPRIATE, THE SHERIFF OR OTHER PERSON IN CHARGE OF THE
OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER 945
TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, 946
HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, 947
AND OTHER CONTAGIOUS DISEASES. THE SHERIFF OR OTHER PERSON IN 949
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OR 950
ACCUSED OFFENDER IN THE JAIL WHO REFUSES TO BE TESTED OR TREATED
FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT 951
LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE 953
TO BE TESTED AND TREATED INVOLUNTARILY. 954
Sec. 341.23. (A) The board of county commissioners of any 964
county or the legislative authority of any municipal corporation 965
in which there is no workhouse, may agree with the legislative 966
authority of any municipal corporation or other authority having 967
control of the workhouse of any other city, or with the directors 968
of any district of a joint city and county workhouse or county 969
workhouse, upon terms on which persons convicted of a misdemeanor 970
by any court or magistrate of a county or municipal corporation 971
having no workhouse, may be received into such workhouse, under 972
sentence of the court or magistrate. Such board or legislative 973
authority may pay the expenses incurred under the agreement out 974
of the general fund of such county or municipal corporation, upon 975
the certificate of the proper officer of the workhouse. 976
26
(B) The sheriff or other officer transporting any person 978
to such workhouse shall receive six cents per mile for the 979
sheriff or officer, going and returning, five cents per mile for 980
transporting the convict, and five cents per mile, going and 981
coming, for the service of each deputy, to be allowed as in cases 982
in which a person is transported to a state correctional 983
institution. The number of miles shall be computed by the usual 984
routes of travel and, in state cases, shall be paid out of the 985
general fund of the county, on the allowance of the board, and 986
for the violation of the ordinances of any municipal corporation, 987
shall be paid by such municipal corporation on the order of its 988
legislative authority. 989
(C)(1) The board of county commissioners, the directors of 991
the district of a joint city and county workhouse or county 992
workhouse, or the legislative authority of the municipal 993
corporation may require a person who was convicted of an offense 994
and who is confined in a workhouse as provided in division (A) of 996
this section, to reimburse the county, district, or municipal 997
corporation, as the case may be, for its expenses incurred by 998
reason of the person's confinement, including, but not limited 999
to, the expenses relating to the provision of food, clothing, 1,000
shelter, medical care, personal hygiene products, including, but 1,001
not limited to, toothpaste, toothbrushes, and feminine hygiene 1,002
items, and up to two hours of overtime costs the sheriff or 1,003
municipal corporation incurred relating to the trial of the 1,004
person. The amount of reimbursement may be the actual cost of 1,005
the prisoner's PERSON'S confinement plus the authorized trial 1,007
overtime costs or a lesser amount determined by the board of 1,008
county commissioners of the county, the directors of the district 1,009
of the joint city or county workhouse, or the legislative 1,010
authority of the municipal corporation, provided that the lesser
amount shall be determined by a formula that is uniformly applied 1,011
to persons incarcerated in the workhouse. The amount of 1,012
reimbursement shall be determined by a court at a hearing held 1,013
27
pursuant to section 2929.18 of the Revised Code if the person is 1,014
confined for a felony or section 2929.223 of the Revised Code if 1,015
the person is confined for a misdemeanor. The a confined for a 1,016
misdemeanor or the municipal chief legal officer amount or
amounts paid in reimbursement by a person confined for a 1,017
misdemeanor or the amount recovered from a person confined for a 1,018
misdemeanor by executing upon the judgment obtained pursuant to 1,019
section 2929.223 of the Revised Code shall be paid into the 1,020
treasury of the county, district, or municipal corporation that 1,021
incurred the expenses. If a person is confined for a felony and 1,022
the court imposes a sanction under section 2929.18 of the Revised 1,023
Code that requires the person to reimburse the costs of
confinement, the prosecuting attorney or the municipal chief 1,024
legal officer shall bring an action to recover the expenses of 1,025
confinement, the IN ACCORDANCE WITH SECTION 2929.18 of the 1,027
Revised Code.
(2) The board of county commissioners, the directors of 1,029
the district of a joint city and county workhouse or county 1,030
workhouse, or the legislative authority of the municipal 1,031
corporation may adopt a resolution or ordinance specifying that a 1,032
person who is convicted of a felony and who is confined in a 1,033
workhouse as provided in division (A) of this section is not 1,034
required to reimburse the county, district, or municipal 1,035
corporation, as the case may be, for its expenses incurred by 1,036
reason of the person's confinement, including the expenses listed 1,037
in division (C)(1) of this section. If the board, directors, or 1,038
legislative authority adopts a resolution or ordinance of that 1,039
nature, the board, directors, or legislative authority shall 1,040
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 1,041
impose a sanction under section 2929.18 of the Revised Code that 1,042
requires the person to reimburse the costs of the confinement. 1,043
(D) In lieu of requiring offenders to reimburse the 1,045
political subdivision for expenses incurred by reason of the 1,046
28
person's confinement under division (C) of this section, the 1,047
board of county commissioners, the directors of the district of 1,048
joint city and county workhouse or county workhouse, or the
legislative authority of the municipal corporation having control 1,049
of the workhouse may adopt a prisoner reimbursement policy for 1,050
the workhouse under this division. A reimbursement coordinator 1,051
may be appointed to administer the prisoner reimbursement policy. 1,052
A prisoner reimbursement policy adopted under this division is a 1,053
policy that requires a person confined to the workhouse to
reimburse the political subdivision responsible for paying 1,054
prisoner expenses for any expenses it incurs by reason of the 1,055
person's confinement in the workhouse, which expenses may 1,056
include, but are not limited to, the following:
(1) A per diem fee for room and board of not more than 1,058
sixty dollars per day or the actual per diem cost, whichever is 1,059
less, for the entire period of time the person is confined to the 1,060
workhouse;
(2) Actual charges for medical and dental treatment; 1,062
(3) Reimbursement for government property damaged by the 1,064
person while confined to the workhouse. 1,065
Rates charged shall be on a sliding scale determined by the 1,067
board of county commissioners, the directors of the district of 1,068
joint city and county workhouse or county workhouse, or the 1,069
legislative authority of the municipal corporation having control 1,070
of the workhouse, based on the ability of the person confined to 1,071
the workhouse to pay and on consideration of any legal obligation 1,072
of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom 1,073
the person is providing or has in fact provided support. 1,074
The reimbursement coordinator or another person designated 1,076
by the administrator of the workhouse may investigate the 1,077
financial status of the person and obtain information necessary 1,078
to investigate that status, by means that may include contacting 1,079
employers and reviewing income tax records. The coordinator may 1,080
29
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 1,081
person's incarceration, the person shall be presented with a 1,082
billing statement.
The reimbursement coordinator or another appointed person 1,084
may collect, or the board of county commissioners, the directors 1,085
of the district of joint city and county workhouse or county 1,086
workhouse, or the legislative authority of the municipal 1,087
corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to 1,088
collect, any amounts remaining unpaid. Within twelve months 1,089
after the date of the confined person's release, the prosecuting 1,090
attorney, city director of law, village solicitor, or attorney 1,091
for the district may file a civil action to seek reimbursement 1,092
from that person for any billing amount that remains unpaid. The 1,093
political subdivision shall not enforce any judgment obtained
under this section by means of execution against the person's 1,094
homestead. For purposes of this section, "homestead" has the 1,095
same meaning as in division (A) of section 323.151 of the Revised 1,096
Code. Any reimbursement received under this section shall be 1,097
credited to the general fund of the political subdivision that
bore the expense, to be used for general fund purposes. 1,098
(E)(1) Notwithstanding any contrary provision in this 1,100
section or section 2929.18 or 2929.223 of the Revised Code, the 1,101
appropriate board of county commissioners and legislative 1,102
authorities may include in their agreement entered into under 1,103
division (A) of this section a policy that requires any person 1,104
who is not indigent and who is confined in the county, city,
district, or joint city and county workhouse under this section 1,105
to pay a reasonable fee for any medical treatment or service 1,106
requested by and provided to that person. This fee shall not 1,107
exceed the actual cost of the treatment or service provided. No 1,108
person confined to a county, city, district, or joint city and
county workhouse under this section who is indigent shall be 1,109
30
required to pay those fees, and no person confined to any 1,110
workhouse of that type shall be denied any necessary medical care 1,111
because of inability to pay those fees.
Upon provision of the requested medical treatment or 1,113
service, payment of the required fee may be automatically 1,114
deducted from a person's account record in the workhouse's 1,115
business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the 1,116
person's confinement in the workhouse if funds later become 1,117
available in the person's account. If the person is released 1,118
from the workhouse and has an unpaid balance of these fees, the 1,119
appropriate board of county commissioners and legislative 1,120
authorities may bill the person for payment of the remaining
unpaid fees in the same proportion as those expenses were borne 1,121
by the political subdivision issuing the billing statement. Fees 1,122
received for medical treatment or services shall be paid into the 1,123
commissary fund, if one has been created for the workhouse, or if 1,124
no such fund exists, into the treasuries of the political 1,125
subdivisions that incurred the expenses of those treatments or 1,126
services in the same proportion as those expenses were borne by
these political subdivisions. 1,127
(2) If a person confined to a county, city, district, or 1,129
joint city and county workhouse is required under division (C) or 1,130
(D) of this section or section 2929.18 or 2929.223 of the Revised 1,131
Code to reimburse a county or municipal corporation for expenses 1,132
incurred by reason of the person's confinement to the workhouse, 1,133
any fees paid by the person under division (E)(1) of this section 1,134
shall be deducted from the expenses required to be reimbursed 1,135
under division (C) or (D) of this section or section 2929.18 or
2929.223 of the Revised Code. 1,136
(F) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,138
GUILTY TO AN OFFENSE IS INCARCERATED IN THE WORKHOUSE AS PROVIDED 1,139
IN DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT 1,141
OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE 1,142
31
WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF 1,144
THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER 1,145
TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, 1,147
HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, 1,148
AND OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE 1,150
OPERATION OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE 1,151
WORKHOUSE WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, 1,153
HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS 1,154
A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND 1,156
TREATED INVOLUNTARILY.
Sec. 341.34. (A) As used in this section, "building or 1,168
structure" includes, but is not limited to, a modular unit, 1,169
building, or structure and a movable unit, building, or 1,170
structure. 1,171
(B)(1) The board of county commissioners of any county, by 1,173
resolution, may dedicate and permit the use, as a minimum 1,174
security jail, of any vacant or abandoned public building or 1,176
structure owned by the county that has not been dedicated to or 1,177
is not then in use for any county or other public purpose, or any 1,178
building or structure rented or leased by the county. The board 1,179
of county commissioners of any county, by resolution, also may 1,180
dedicate and permit the use, as a minimum security jail, of any 1,181
building or structure purchased by or constructed by or for the 1,182
county. Subject to divisions (B)(3) and (C) of this section, 1,183
upon the effective date of such a resolution, the specified 1,184
building or structure shall be used, in accordance with this 1,185
section, for the confinement of persons who meet one of the 1,186
following conditions:
(a) The person is sentenced to a term of imprisonment for 1,188
a traffic violation or a misdemeanor that is not an offense of 1,189
violence and the person is under the jurisdiction of the county, 1,191
or the person is sentenced to a term RESIDENTIAL SANCTION in the 1,192
jail for a felony of the fourth or fifth degree that is not an 1,193
offense of violence; PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF 1,195
32
THE REVISED CODE, AND THE JAIL ADMINISTRATOR OR THE JAIL 1,197
ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED THE PERSON AS A MINIMAL 1,198
SECURITY RISK. IN DETERMINING THE PERSON'S CLASSIFICATION UNDER 1,199
THIS DIVISION, THE ADMINISTRATOR OR DESIGNEE SHALL CONSIDER ALL 1,200
RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, THE PERSON'S
ESCAPE RISK AND PROPENSITY FOR ASSAULTIVE OR VIOLENT BEHAVIOR, 1,201
BASED UPON THE PERSON'S PRIOR AND CURRENT BEHAVIOR. 1,202
(b) The person is an inmate transferred by order of a 1,204
judge of the sentencing court upon the request of the sheriff, 1,205
administrator, jailer, or other person responsible for operating 1,206
the jail other than a contractor as defined in division (H) of 1,207
section 9.06 of the Revised Code, who is named in the request as 1,208
being suitable for confinement in a minimum security facility and 1,209
for the confinement of persons convicted of a felony who are 1,210
sentenced to a residential sanction in the minimum security 1,212
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,213
Revised Code..
(2) The board of county commissioners of any county, by 1,215
resolution, may affiliate with one or more adjacent counties, or 1,216
with one or more municipal corporations located within the county 1,217
or within an adjacent county, and dedicate and permit the use, as 1,218
a minimum security jail, of any vacant or abandoned public 1,220
building or structure owned by any of the affiliating counties or 1,221
municipal corporations that has not been dedicated to or is not 1,222
then in use for any public purpose, or any building or structure 1,223
rented or leased by any of the affiliating counties or municipal 1,224
corporations. The board of county commissioners of any county, 1,225
by resolution, also may affiliate with one or more adjacent 1,226
counties or with one or more municipal corporations located 1,227
within the county or within an adjacent county and dedicate and 1,228
permit the use, as a minimum security jail, of any building or 1,229
structure purchased by or constructed by or for any of the 1,230
affiliating counties or municipal corporations. Any counties and 1,231
municipal corporations that affiliate for purposes of this 1,232
33
division shall enter into an agreement that establishes the 1,233
responsibilities for the operation and for the cost of operation 1,234
of the minimum security jail. Subject to divisions (B)(3) and 1,235
(C) of this section, upon the effective date of a resolution 1,236
adopted under this division, the specified building or structure 1,237
shall be used, in accordance with this section, for the 1,238
confinement of persons who meet one of the following conditions: 1,239
(a) The person is sentenced to a term of imprisonment for 1,242
a traffic violation, a misdemeanor that is not an offense of 1,243
violence, or, if a VIOLATION OF AN ORDINANCE OF ANY municipal 1,244
corporation is involved, an ordinance of the municipal 1,246
corporation that is not an offense of violence and the person is 1,247
under the jurisdiction of any of the affiliating counties or 1,249
municipal corporations, or the person is sentenced to a term 1,251
RESIDENTIAL SANCTION in the jail for a felony of the fourth or 1,252
fifth degree that is not an offense of violence; PURSUANT TO 1,254
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL 1,256
ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED
THE PERSON AS A MINIMAL SECURITY RISK. IN DETERMINING THE 1,257
PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR 1,258
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT 1,259
LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR 1,260
ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND 1,261
CURRENT BEHAVIOR.
(b) The person is an inmate transferred by order of a 1,263
judge of the sentencing court upon the request of the sheriff, 1,264
administrator, jailer, or other person responsible for operating 1,265
the jail other than a contractor as defined in division (H) of 1,266
section 9.06 of the Revised Code, who is named in the request as 1,267
being suitable for confinement in a minimum security facility and 1,268
for the confinement of persons convicted of a felony who are 1,269
sentenced to a residential sanction in the minimum security 1,271
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,272
Revised Code..
34
(3) No person shall be confined in a building or structure 1,274
dedicated as a minimum security jail under division (B)(1) or (2) 1,276
of this section unless the judge who sentenced the person to the 1,277
term of imprisonment for the traffic violation or the misdemeanor 1,278
SPECIFIES THAT THE TERM OF IMPRISONMENT IS TO BE SERVED IN THAT
JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE 1,279
CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who 1,280
sentenced the person to the residential sanction for the felony 1,283
specifies that the term of imprisonment or the residential 1,284
sanction is to be served in that A jail, AND DIVISION (B)(1) OR 1,285
(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT 1,286
JAIL. If a rented or leased building or structure is so 1,288
dedicated, the building or structure may be used as a minimum 1,289
security jail only during the period that it is rented or leased 1,290
by the county or by an affiliated county or municipal 1,291
corporation. If a person convicted of a misdemeanor is confined 1,293
to a building or structure dedicated as a minimum security jail 1,294
under division (B)(1) or (2) of this section and the sheriff, 1,295
administrator, jailer, or other person responsible for operating 1,296
the jail other than a contractor as defined in division (H) of 1,297
section 9.06 of the Revised Code determines that it would be more 1,298
appropriate for the person so confined to be confined in another
jail or workhouse facility, the sheriff, administrator, jailer, 1,299
or other person may transfer the person so confined to a more 1,300
appropriate jail or workhouse facility. 1,301
(C) All of the following apply to a building or structure 1,303
that is dedicated pursuant to division (B)(1) or (2) of this 1,304
section for use as a minimum security jail: 1,305
(1) To the extent that the use of the building or 1,307
structure as a minimum security jail requires a variance from any 1,309
county, municipal corporation, or township zoning regulations or 1,310
ordinances, the variance shall be granted.
(2) Except as provided in this section, the building or 1,312
structure shall not be used to confine any person unless it is in 1,313
35
substantial compliance with any applicable housing, fire 1,314
prevention, sanitation, health, and safety codes, regulations, or 1,315
standards. 1,316
(3) Unless such satisfaction or compliance is required 1,318
under the standards described in division (C)(4) of this section, 1,319
and notwithstanding any other provision of state or local law to 1,320
the contrary, the building or structure need not satisfy or 1,321
comply with any state or local building standard or code in order 1,322
to be used to confine a person for the purposes specified in 1,323
division (B) of this section. 1,324
(4) The building or structure shall not be used to confine 1,326
any person unless it is in compliance with all minimum standards 1,327
and minimum renovation, modification, and construction criteria 1,328
for minimum security jails that have been proposed by the 1,330
department of rehabilitation and correction, through its bureau 1,331
of adult detention, under section 5120.10 of the Revised Code. 1,332
(5) The building or structure need not be renovated or 1,334
modified into a secure detention facility in order to be used 1,335
solely to confine a person for the purposes specified in 1,336
divisions (B)(1)(a) and (B)(2)(a) of this section. 1,337
(6) The building or structure shall be used, equipped, 1,339
furnished, and staffed in the manner necessary to provide 1,340
adequate and suitable living, sleeping, food service or 1,341
preparation, drinking, bathing and toilet, sanitation, and other 1,342
necessary facilities, furnishings, and equipment. 1,343
(D) Except as provided in this section, a minimum security 1,345
jail dedicated and used under this section shall be considered to 1,347
be part of the jail, workhouse, or other correctional facilities 1,348
of the county or the affiliated counties and municipal 1,349
corporations for all purposes under the law. All persons 1,350
confined in such a minimum security jail shall be and shall 1,351
remain, in all respects, under the control of the county 1,352
authority that has responsibility for the management and 1,353
operation of the jail, workhouse, or other correctional
36
facilities of the county or, if it is operated by any affiliation 1,354
of counties or municipal corporations, under the control of the 1,355
specified county or municipal corporation with that authority, 1,356
provided that, if the person was convicted of a felony and is 1,357
serving a residential sanction in the facility, all provisions of 1,358
law that pertain to persons convicted of a felony that would not 1,359
by their nature clearly be inapplicable apply regarding the 1,360
person. A minimum security jail dedicated and used under this 1,361
section shall be managed and maintained in accordance with 1,362
policies and procedures adopted by the board of county 1,363
commissioners or the affiliated counties and municipal 1,364
corporations governing the safe and healthful operation of the 1,365
jail, the confinement and supervision of the persons sentenced to 1,366
it, and their participation in work release or similar 1,367
rehabilitation programs. In addition to other rules of conduct 1,368
and discipline, the rights of ingress and egress of persons 1,369
confined in a minimum security jail dedicated and used under this 1,371
section shall be subject to reasonable restrictions. Every 1,372
person confined in a minimum security jail dedicated and used 1,373
under this section shall be given verbal and written 1,374
notification, at the time of the person's admission to the jail, 1,375
that purposely leaving, or purposely failing to return to, the 1,376
jail without proper authority or permission constitutes the 1,377
felony offense of escape.
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,379
GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A 1,380
RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN 1,381
DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON 1,383
IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A 1,384
JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b) 1,385
OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER 1,386
TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL 1,388
DETERMINES TO BE APPROPRIATE, THE SHERIFF OR OTHER PERSON IN 1,389
CHARGE OF THE OPERATION OF THE JAIL MAY CAUSE THE CONVICTED 1,390
37
OFFENDER TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV 1,391
INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, 1,392
B, AND C, AND OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF 1,394
THE OPERATION OF THE JAIL MAY CAUSE A CONVICTED OFFENDER IN THE 1,395
JAIL WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV 1,396
INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, 1,397
B, AND C, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED 1,399
INVOLUNTARILY.
Sec. 753.02. (A) The legislative authority of a municipal 1,411
corporation shall provide by ordinance for sustaining all persons 1,412
sentenced to or confined in a prison or station house at the 1,413
expense of the municipal corporation, and in counties where 1,414
prisons or station houses are in quarters leased from the board 1,415
of county commissioners, may contract with the board for the care 1,416
and maintenance of such persons by the sheriff or other person 1,417
charged with the care and maintenance of county prisoners. On 1,418
the presentation of bills for food, sustenance, and necessary 1,419
supplies, to the proper officer, certified by such person as the 1,420
legislative authority designates, the officer shall audit the 1,421
bills under the rules prescribed by the legislative authority, 1,422
and draw the officer's order on the treasurer of the municipal 1,423
corporation in favor of the person presenting the bill. 1,424
(B)(1) The legislative authority of the municipal 1,426
corporation may require a person who was convicted of an offense 1,427
and who is confined in a prison or station house as provided in 1,428
division (A) of this section, or a person who was convicted of an 1,429
offense and who is confined in the county jail as provided in 1,430
section 1905.35 of the Revised Code, to reimburse the municipal 1,431
corporation for its expenses incurred by reason of the person's 1,432
confinement, including, but not limited to, the expenses relating 1,433
to the provision of food, clothing, shelter, medical care, 1,435
personal hygiene products, including, but not limited to, 1,436
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,437
two hours of overtime costs the sheriff or municipal corporation
38
incurred relating to the trial of the person. The amount of 1,438
reimbursement may be the actual cost of the prisoner's 1,439
confinement plus the authorized trial overtime costs or a lesser 1,440
amount determined by the legislative authority of the municipal 1,441
corporation, provided that the lesser amount shall be determined 1,442
by a formula that is uniformly applied to persons incarcerated in 1,443
the prison, station house, or county jail. The amount of 1,444
reimbursement shall be determined by a court at a hearing held 1,445
pursuant to section 2929.18 of the Revised Code if the prisoner 1,446
person is confined for a felony or section 2929.223 of the 1,447
Revised Code if the prisoner person is confined for a 1,448
misdemeanor. The a confined for a misdemeanor amount or amounts 1,449
paid in reimbursement by a prisoner PERSON confined for a 1,450
misdemeanor or the amount recovered from a prisoner PERSON 1,451
confined for a misdemeanor by executing upon the judgment
obtained pursuant to section 2929.223 of the Revised Code shall 1,452
be paid into the treasury of the municipal corporation. If a 1,453
prisoner person is confined for a felony and the court imposes a 1,454
sanction under section 2929.18 of the Revised Code that requires 1,455
the prisoner person to reimburse the costs of confinement, the 1,456
village solicitor, city director of law, or other chief legal 1,457
officer shall bring an action to recover the expenses of
confinement the IN ACCORDANCE WITH SECTION 2929.18 of the Revised 1,459
Code.
(2) The legislative authority of the municipal corporation 1,461
may adopt an ordinance specifying that a person who is convicted 1,462
of a felony and who is confined in a prison or station house as 1,463
provided in division (A) of this section is not required to 1,464
reimburse the municipal corporation for its expenses incurred by 1,465
reason of the person's confinement, including the expenses listed 1,466
in division (B)(1) of this section. If the legislative authority 1,468
adopts an ordinance of that nature, the legislative authority
shall provide a copy to the court of common pleas of the county, 1,469
and the court that sentences a person convicted of a felony shall 1,470
39
not impose a sanction under section 2929.18 of the Revised Code 1,471
that requires the person to reimburse the costs of the 1,472
confinement.
(C) In lieu of requiring offenders to reimburse the 1,474
municipal corporation for expenses incurred by reason of the 1,475
person's confinement under division (B) of this section, the 1,476
legislative authority of the municipal corporation may adopt a 1,477
prisoner reimbursement policy for the prison or station house
under this division. The prison or station house administrator 1,478
may appoint a reimbursement coordinator to administer the 1,479
prisoner reimbursement policy. A prisoner reimbursement policy 1,480
adopted under this division is a policy that requires a person 1,481
confined to the prison or station house to reimburse the
municipal corporation for any expenses it incurs by reason of the 1,482
person's confinement in the prison or station house, which 1,483
expenses may include, but are not limited to, the following: 1,484
(1) A per diem fee for room and board of not more than 1,486
sixty dollars per day or the actual per diem cost, whichever is 1,487
less, for the entire period of time the person is confined to the 1,488
prison or station house;
(2) Actual charges for medical and dental treatment; 1,490
(3) Reimbursement for municipal property damaged by the 1,492
person while confined to the prison or station house. 1,493
Rates charged shall be on a sliding scale determined by the 1,495
legislative authority of the municipal corporation, based on the 1,496
ability of the person confined to the prison or station house to 1,497
pay and on consideration of any legal obligation of the person to 1,498
support a spouse, minor children, or other dependents and any 1,499
moral obligation to support dependents to whom the person is 1,500
providing or has in fact provided support.
The reimbursement coordinator or another appointed person 1,502
may investigate the financial status of the confined person and 1,503
obtain information necessary to investigate that status, by means 1,504
that may include contacting employers and reviewing income tax 1,505
40
records. The coordinator may work with the confined person to 1,506
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,507
shall be presented with a billing statement. 1,508
The reimbursement coordinator or another appointed person 1,510
may collect, or the legislative authority of the municipal 1,511
corporation may enter into a contract with one or more public 1,512
agencies or private vendors to collect, any amounts remaining 1,513
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,514
other attorney for the municipal corporation may file a civil 1,515
action to seek reimbursement from that person for any billing 1,516
amount that remains unpaid. The municipal corporation shall not 1,517
enforce any judgment obtained under this section by means of 1,518
execution against the person's homestead. For purposes of this 1,519
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,520
under this section shall be credited to the general fund of the 1,521
municipal corporation that bore the expense, to be used for 1,522
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,524
section or section 2929.18 or 2929.223 of the Revised Code, the 1,525
legislative authority of the municipal corporation may establish 1,526
a policy that requires any person who is not indigent and who is 1,527
confined in a prison or station house to pay a reasonable fee for 1,528
any medical treatment or service requested by and provided to 1,529
that person. This fee shall not exceed the actual cost of the
treatment or service provided. No person confined to a prison or 1,530
station house who is indigent shall be required to pay those 1,531
fees, and no person confined to a prison or station house shall 1,532
be denied any necessary medical care because of inability to pay 1,533
those fees.
Upon provision of the requested medical treatment or 1,535
service, payment of the required fee may be automatically 1,536
41
deducted from a person's account record in the prison or station 1,537
house's business office. If the person has no funds in the 1,538
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 1,539
later become available in the person's account. If the person is 1,540
released from the prison or station house and has an unpaid 1,541
balance of these fees, the legislative authority may bill the 1,542
person for payment of the remaining unpaid fees. Fees received 1,543
for medical treatment or services shall be paid into the
commissary fund, if one has been created for the prison or 1,544
station house, or if no such fund exists, into the municipal 1,545
treasury.
(2) If a person confined to a prison or station house is 1,547
required under division (B) or (C) of this section or section 1,548
2929.18 or 2929.223 of the Revised Code to reimburse the 1,549
municipal corporation for expenses incurred by reason of the 1,550
person's confinement to the prison or station house, any fees
paid by the person under division (D)(1) of this section shall be 1,551
deducted from the expenses required to be reimbursed under 1,552
division (B) or (C) of this section or section 2929.18 or 1,553
2929.223 of the Revised Code.
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,555
GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT IN A 1,556
PRISON OR STATION HOUSE AS DESCRIBED IN DIVISION (A) OF THIS 1,557
SECTION, OR IF A PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND 1,558
WHO HAS BEEN DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN 1,559
RELEASED ON BAIL IS CONFINED IN A PRISON OR STATION HOUSE AS
DESCRIBED IN DIVISION (A) OF THIS SECTION PENDING TRIAL, AT THE 1,561
TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 1,563
OPERATION OF THE PRISON OR STATION HOUSE DETERMINES TO BE 1,564
APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE PRISON 1,565
OR STATION HOUSE MAY CAUSE THE CONVICTED OR ACCUSED OFFENDER TO
BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, 1,567
HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, 1,568
42
AND OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE 1,570
OPERATION OF THE PRISON OR STATION HOUSE MAY CAUSE A CONVICTED OR 1,571
ACCUSED OFFENDER IN THE PRISON OR STATION HOUSE WHO REFUSES TO BE
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 1,573
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 1,574
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 1,576
Sec. 753.04. (A) When a person over sixteen years of age 1,587
is convicted of an offense under the law of this state or an 1,588
ordinance of a municipal corporation, and the tribunal before 1,589
which the conviction is had is authorized by law to commit the 1,590
offender to the county jail or municipal corporation prison, the 1,591
court, mayor, or judge of the county court, as the case may be, 1,592
may sentence the offender to a workhouse. 1,593
When a commitment is made from a municipal corporation or 1,595
township in the county, other than in a municipal corporation 1,596
having a workhouse, the legislative authority of the municipal 1,597
corporation or the board of township trustees shall transmit with 1,598
the mittimus a sum of money equal to not less than seventy cents 1,599
per day for the time of the commitment, to be placed in the hands 1,600
of the superintendent of a workhouse for the care and maintenance 1,601
of the prisoner. 1,602
(B)(1) The legislative authority of the municipal 1,604
corporation or the board of township trustees may require a 1,605
person who is convicted of an offense and who is confined in a 1,607
workhouse as provided in division (A) of this section, to 1,608
reimburse the municipal corporation or the township, as the case 1,609
may be, for its expenses incurred by reason of the person's 1,610
confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical care, 1,612
personal hygiene products, including, but not limited to,
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,613
two hours of overtime costs the sheriff or municipal corporation 1,614
incurred relating to the trial of the person. The amount of 1,615
reimbursement may be the actual cost of the prisoner's 1,616
43
confinement plus the authorized trial overtime costs or a lesser 1,617
amount determined by the legislative authority of the municipal 1,618
corporation or board of township trustees, provided that the 1,619
lesser amount shall be determined by a formula that is uniformly 1,620
applied to persons incarcerated in the workhouse. The amount of 1,621
reimbursement shall be determined by a court at a hearing held 1,622
pursuant to section 2929.18 of the Revised Code if the prisoner 1,623
person is confined for a felony or section 2929.223 of the 1,625
Revised Code if the prisoner person is confined for a
misdemeanor. The a confined for a misdemeanor amount or amounts 1,627
paid in reimbursement by a prisoner PERSON confined for a 1,628
misdemeanor or the amount recovered from a prisoner PERSON 1,629
confined for a misdemeanor by executing upon the judgment 1,631
obtained pursuant to section 2929.223 of the Revised Code shall 1,632
be paid into the treasury of the municipal corporation or 1,633
township that incurred the expenses. If a prisoner person is 1,634
confined for a felony and the court imposes a sanction under 1,635
section 2929.18 of the Revised Code that requires the prisoner 1,636
person to reimburse the costs of confinement, the city director 1,638
of law, village solicitor, or other chief legal officer shall 1,639
bring an action to recover the expenses of confinement the IN
ACCORDANCE WITH SECTION 2929.18 of the Revised Code. 1,640
(2) The legislative authority of a municipal corporation 1,642
or the board of township trustees may adopt an ordinance or 1,643
resolution specifying that a person who is convicted of a felony 1,644
and who is confined in a workhouse as provided in division (A) of 1,645
this section is not required to reimburse the municipal 1,646
corporation or the township, as the case may be, for its expenses 1,647
incurred by reason of the person's confinement, including the 1,648
expenses listed in division (B)(1) of this section. If the 1,649
legislative authority or board adopts a resolution of that 1,650
nature, the legislative authority or board shall provide a copy 1,651
to the court of common pleas of the county, and the court that 1,652
sentences a person convicted of a felony shall not impose a 1,653
44
sanction under section 2929.18 of the Revised Code that requires 1,654
the person to reimburse the costs of the confinement. 1,655
(C) In lieu of requiring offenders to reimburse the 1,657
political subdivision for expenses incurred by reason of the 1,658
person's confinement in a municipal workhouse under division (B) 1,659
of this section or under division (C) of section 753.16 of the 1,660
Revised Code, the legislative authority of the municipal
corporation may adopt a prisoner reimbursement policy for the 1,661
workhouse under this division. A reimbursement coordinator may 1,662
be appointed to administer the prisoner reimbursement policy. A 1,663
prisoner reimbursement policy adopted under this division is a 1,664
policy that requires a person confined to the municipal workhouse 1,665
to reimburse any expenses it incurs by reason of the person's 1,666
confinement in the workhouse, which expenses may include, but are
not limited to, the following: 1,667
(1) A per diem fee for room and board of not more than 1,669
sixty dollars per day or the actual per diem cost, whichever is 1,670
less, for the entire period of time the person is confined to the 1,671
workhouse;
(2) Actual charges for medical and dental treatment; 1,673
(3) Reimbursement for municipal property damaged by the 1,675
person while confined to the workhouse. 1,676
Rates charged shall be on a sliding scale determined by the 1,678
legislative authority of the municipal corporation based on the 1,679
ability of the person confined to the workhouse to pay and on 1,680
consideration of any legal obligation of the person to support a 1,681
spouse, minor children, or other dependents and any moral 1,682
obligation to support dependents to whom the person is providing
or has in fact provided support. 1,683
The reimbursement coordinator or another workhouse employee 1,685
may investigate the financial status of the confined person and 1,686
obtain information necessary to investigate that status, by means 1,687
that may include contacting employers and reviewing income tax 1,688
records. The coordinator may work with the confined person to 1,689
45
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,690
shall be presented with a billing statement. 1,691
The reimbursement coordinator or another workhouse employee 1,693
may collect, or the legislative authority of the municipal 1,694
corporation may enter into a contract with one or more public 1,695
agencies or private vendors to collect, any amounts remaining 1,696
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,697
other attorney for the municipal corporation may file a civil 1,698
action to seek reimbursement from that person for any billing 1,699
amount that remains unpaid. The municipal corporation shall not 1,700
enforce any judgment obtained under this section by means of 1,701
execution against the person's homestead. For purposes of this 1,702
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,703
under this section shall be credited to the general fund of the 1,704
political subdivision that bore the expense, to be used for 1,705
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,707
section or section 2929.18 or 2929.223 of the Revised Code, the 1,708
legislative authority of the municipal corporation or board of 1,709
township trustees may establish a policy that requires any person 1,710
who is not indigent and who is confined in the workhouse under 1,711
division (A) of this section to pay a reasonable fee for any
medical treatment or service requested by and provided to that 1,712
person. This fee shall not exceed the actual cost of the 1,713
treatment or service provided. No person confined to a workhouse 1,714
who is indigent shall be required to pay those fees, and no 1,715
person confined to a workhouse shall be denied any necessary 1,716
medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or 1,718
service, payment of the required fee may be automatically 1,719
deducted from a person's account record in the workhouse's 1,720
46
business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the 1,721
person's confinement in the center if funds later become 1,722
available in the person's account. If the person is released 1,723
from the workhouse and has an unpaid balance of these fees, the 1,724
legislative authority or board of township trustees may bill the 1,725
person for payment of the remaining unpaid fees. Fees received
for medical treatment or services shall be paid into the 1,726
commissary fund, if one has been created for the workhouse, or if 1,727
no such fund exists, into the treasury of the municipal 1,728
corporation or township.
(2) If a person confined to a workhouse under division (A) 1,730
of this section is required under division (B) of this section or 1,731
section 2929.18 or 2929.223 of the Revised Code to reimburse 1,732
medical expenses incurred by reason of the person's confinement 1,733
to the workhouse, any fees paid by the person under division 1,734
(C)(D)(1) of this section shall be deducted from the expenses 1,735
required to be reimbursed under division (B) of this section or 1,736
section 2929.18 or 2929.223 of the Revised Code. 1,737
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,739
GUILTY TO AN OFFENSE IS INCARCERATED IN A WORKHOUSE OR IF A 1,740
PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS NOT BEEN 1,741
DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL 1,742
IS CONFINED IN A WORKHOUSE PENDING TRIAL, AT THE TIME OF 1,743
RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 1,745
OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE 1,746
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE 1,747
CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR 1,749
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED 1,750
TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES. THE 1,752
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A 1,753
CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE 1,754
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 1,756
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 1,757
47
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 1,759
Sec. 753.16. (A) Any city or district having a workhouse 1,769
may receive as inmates of the workhouse persons sentenced or 1,770
committed to it from counties other than the one in which the 1,771
workhouse is situated, upon such terms and during such length of 1,772
time as agreed upon by the boards of county commissioners of such 1,773
counties, or by the legislative authority of a municipal 1,774
corporation in such counties and the legislative authority of the 1,775
city, or the board of the district workhouse, or other authority 1,776
having the management and control of the workhouse. Prisoners so 1,777
received shall in all respects be and remain under the control of 1,778
such authority, and subject to the rules and discipline of the 1,779
workhouse the same as other prisoners detained there. 1,780
(B) Prior to the acceptance for housing into a jail or 1,782
workhouse of persons who are designated by the department of 1,783
rehabilitation and correction, who plead guilty to or are 1,784
convicted of a felony of the fourth or fifth degree, and who 1,785
satisfy the other requirements listed in section 5120.161 of the 1,786
Revised Code, the legislative authority of a municipal
corporation having a jail or workhouse, or the joint board 1,787
managing and controlling a workhouse for the joint use of a 1,788
municipal corporation and a county shall enter into an agreement 1,789
with the department of rehabilitation and correction under 1,790
section 5120.161 of the Revised Code for the housing in the jail 1,791
or workhouse of persons who are designated by the department, who 1,792
plead guilty to or are convicted of a felony of the fourth or 1,793
fifth degree, and who satisfy the other requirements listed in 1,794
that section, in exchange for a per diem fee per person. Persons 1,795
incarcerated in the jail or workhouse pursuant to such an 1,796
agreement shall be subject to supervision and control in the 1,797
manner described in section 5120.161 of the Revised Code. This 1,798
division does not affect the authority of a court to directly 1,799
sentence a person who is convicted of or pleads guilty to a 1,800
felony to the jail or workhouse in accordance with section
48
2929.16 of the Revised Code. 1,801
(C)(1) The board of county commissioners, the legislative 1,803
authority of the municipal corporation, or the board or other 1,804
managing authority of the district workhouse may require a person 1,805
who was convicted of an offense and who is confined in the 1,807
workhouse as provided in division (A) of this section, to 1,808
reimburse the county, municipal corporation, or district, as the 1,809
case may be, for its expenses incurred by reason of the person's 1,810
confinement, including, but not limited to, the expenses relating 1,811
to the provision of food, clothing, shelter, medical care, 1,812
personal hygiene products, including, but not limited to, 1,813
toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation 1,814
incurred relating to the trial of the person. The amount of 1,816
reimbursement may be the actual cost of the prisoner's PERSON'S 1,817
confinement plus the authorized trial overtime costs or a lesser 1,818
amount determined by the board of county commissioners for the 1,820
county, the legislative authority of the municipal corporation,
or the board or other managing authority of the district 1,821
workhouse, provided that the lesser amount shall be determined by 1,822
a formula that is uniformly applied to persons incarcerated in 1,823
the workhouse. The amount of reimbursement shall be determined 1,824
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 1,825
section 2929.223 of the Revised Code if the prisoner person is 1,827
confined for a misdemeanor. The a confined for a misdemeanor or 1,828
municipal chief legal officer amount or amounts paid in 1,830
reimbursement by a prisoner PERSON confined for a misdemeanor or 1,831
the amount recovered from a prisoner PERSON confined for a 1,832
misdemeanor by executing upon the judgment obtained pursuant to 1,834
section 2929.223 of the Revised Code shall be paid into the 1,835
treasury of the county, municipal corporation, or district that 1,836
incurred the expenses. If a prisoner person is confined for a 1,837
felony and the court imposes a sanction under section 2929.18 of
49
the Revised Code that requires the prisoner person to reimburse 1,838
the costs of confinement, the prosecuting attorney or municipal 1,840
chief legal officer shall bring an action to recover the expenses 1,841
of confinement the IN ACCORDANCE WITH SECTION 2929.18 of the 1,842
Revised Code.
(2) The board of county commissioners, the legislative 1,844
authority of the municipal corporation, or the board or other 1,845
managing authority of the district workhouse may adopt a 1,846
resolution or ordinance specifying that a person who is convicted 1,847
of a felony and who is confined in the workhouse as provided in 1,848
division (A) of this section is not required to reimburse the 1,849
county, municipal corporation, or district, as the case may be, 1,850
for its expenses incurred by reason of the person's confinement,
including the expenses listed in division (C)(1) of this section. 1,852
If the board, legislative authority, or managing authority adopts 1,853
a resolution of that nature, the board, legislative authority, or 1,854
managing authority shall provide a copy to the court of common 1,855
pleas of the county, and the court that sentences a person 1,856
convicted of a felony shall not impose a sanction under section 1,857
2929.18 of the Revised Code that requires the person to reimburse 1,858
the costs of the confinement. 1,859
(D)(1) Notwithstanding any contrary provision in this 1,861
section or section 2929.223 of the Revised Code, the board of 1,862
county commissioners, the legislative authority of a municipal 1,863
corporation, or the board or other managing authority of the 1,864
district workhouse may establish a policy that requires any 1,865
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 1,866
reasonable fee for any medical treatment or service requested by 1,867
and provided to that person. This fee shall not exceed the 1,868
actual cost of the treatment or service provided. No person who 1,869
is indigent shall be required to pay those fees, and no person 1,870
shall be denied any necessary medical care because of inability
to pay those fees. 1,871
50
Upon provision of the requested medical treatment or 1,873
service, payment of the required fee may be automatically 1,874
deducted from a person's account record in the jail or 1,875
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 1,876
the person's confinement in the jail or workhouse if funds later 1,877
become available in that person's account. If the person is 1,878
released from the jail or workhouse and has an unpaid balance of 1,879
these fees, the board of county commissioners, the legislative 1,880
authority of the municipal corporation, or the board or other 1,881
managing authority of the district workhouse may bill the person 1,882
for payment of the remaining unpaid fees. Fees received for
medical treatment or services shall be paid into the commissary 1,883
fund, if one has been created for the workhouse, or if no such 1,884
fund exists, into the treasury of each applicable political 1,885
subdivision.
(2) If a person confined to a jail or workhouse is 1,887
required under division (C) of this section or section 2929.18 or 1,888
2929.223 of the Revised Code to reimburse medical expenses 1,889
incurred by reason of the person's confinement to the jail or 1,890
workhouse, any fees paid by the person under division (D)(1) of 1,891
this section shall be deducted from the expenses required to be 1,892
reimbursed under division (C) of this section or section 2929.18
or 2929.223 of the Revised Code. 1,893
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 1,895
GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN 1,896
DIVISION (A) OF THIS SECTION OR IS INCARCERATED IN THE WORKHOUSE 1,897
IN THE MANNER DESCRIBED IN DIVISION (B) OF THIS SECTION, OR IF A 1,898
PERSON WHO HAS BEEN ARRESTED FOR AN OFFENSE, AND WHO HAS BEEN 1,899
DENIED BAIL OR HAS HAD BAIL SET AND HAS NOT BEEN RELEASED ON BAIL 1,900
IS CONFINED IN THE WORKHOUSE PENDING TRIAL, AT THE TIME OF 1,901
RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 1,903
OPERATION OF THE WORKHOUSE DETERMINES TO BE APPROPRIATE, THE 1,904
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE THE 1,905
51
CONVICTED OR ACCUSED OFFENDER TO BE EXAMINED AND TESTED FOR 1,907
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED 1,908
TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES. THE 1,910
PERSON IN CHARGE OF THE OPERATION OF THE WORKHOUSE MAY CAUSE A 1,911
CONVICTED OR ACCUSED OFFENDER IN THE WORKHOUSE WHO REFUSES TO BE 1,912
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 1,914
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 1,915
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 1,917
Sec. 753.21. (A) As used in this section, "building or 1,927
structure" includes, but is not limited to, a modular unit, 1,928
building, or structure and a movable unit, building, or 1,929
structure. 1,930
(B)(1) The legislative authority of a municipal 1,932
corporation, by ordinance, may dedicate and permit the use, as a 1,933
minimum security jail, of any vacant or abandoned public building 1,935
or structure owned by the municipal corporation that has not been 1,936
dedicated to or is not then in use for any municipal or other 1,937
public purpose, or any building or structure rented or leased by 1,938
the municipal corporation. The legislative authority of a 1,939
municipal corporation, by ordinance, also may dedicate and permit 1,940
the use, as a minimum security jail, of any building or structure 1,941
purchased by or constructed by or for the municipal corporation. 1,942
Subject to divisions (B)(3) and (C) of this section, upon the 1,943
effective date of such an ordinance, the specified building or 1,944
structure shall be used, in accordance with this section, for the 1,945
confinement of persons who meet one of the following conditions: 1,946
(a) The person is sentenced to a term of imprisonment for 1,948
a traffic violation, a misdemeanor that is not an offense of 1,949
violence, or a violation of a municipal ordinance that is not an 1,951
offense of violence and the person is under the jurisdiction of 1,953
the municipal corporation, or the person is sentenced to a term 1,955
RESIDENTIAL SANCTION in the jail for a felony of the fourth or 1,956
fifth degree that is not an offense of violence; PURSUANT TO 1,958
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL 1,960
52
ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED
THE PERSON AS A MINIMAL SECURITY RISK. IN DETERMINING THE 1,961
PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR 1,962
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT 1,963
LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR 1,964
ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND 1,965
CURRENT BEHAVIOR.
(b) The person is an inmate transferred by order of a 1,967
judge of the sentencing court upon the request of the sheriff, 1,968
administrator, jailer, or other person responsible for operating 1,969
the jail other than a contractor as defined in division (H) of 1,970
section 9.06 of the Revised Code, who is named in the request as 1,971
being suitable for confinement in a minimum security facility and 1,972
for the confinement of persons convicted of a felony who are and 1,974
sentenced to a residential sanction in the minimum security
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 1,975
Revised Code. 1,976
(2) The legislative authority of a municipal corporation, 1,978
by ordinance, may affiliate with the county in which it is 1,979
located, with one or more counties adjacent to the county in 1,980
which it is located, or with one or more municipal corporations 1,981
located within the county in which it is located or within an 1,982
adjacent county, and dedicate and permit the use, as a minimum 1,983
security jail, of any vacant or abandoned public building or 1,985
structure owned by any of the affiliating counties or municipal 1,986
corporations that has not been dedicated to or is not then in use 1,987
for any public purpose, or any building or structure rented or 1,988
leased by any of the affiliating counties or municipal
corporations. The legislative authority of a municipal 1,989
corporation, by ordinance, also may affiliate with one or more 1,990
counties adjacent to the county in which it is located or with 1,991
one or more municipal corporations located within the county in 1,992
which it is located or within an adjacent county and dedicate and 1,993
permit the use, as a minimum security jail, of any building or 1,995
53
structure purchased by or constructed by or for any of the 1,996
affiliating counties or municipal corporations. Any counties and 1,997
municipal corporations that affiliate for purposes of this 1,998
division shall enter into an agreement that establishes the 1,999
responsibilities for the operation and for the cost of operation 2,000
of the minimum security jail. Subject to divisions (B)(3) and 2,001
(C) of this section, upon the effective date of an ordinance 2,002
adopted under this division, the specified building or structure 2,003
shall be used, in accordance with this section, for the 2,004
confinement of persons who meet one of the following conditions: 2,005
(a) The person is sentenced to a term of imprisonment for 2,007
a traffic violation, a misdemeanor that is not an offense of 2,009
violence, or A VIOLATION OF an ordinance of a municipal 2,011
corporation that is not an offense of violence and the person is 2,012
under the jurisdiction of any of the affiliating counties or 2,013
municipal corporations, or the person is sentenced to a term 2,014
RESIDENTIAL SANCTION in the jail for a felony of the fourth or 2,016
fifth degree that is not an offense of violence; PURSUANT TO 2,018
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE, AND THE JAIL 2,020
ADMINISTRATOR OR THE JAIL ADMINISTRATOR'S DESIGNEE HAS CLASSIFIED
THE PERSON AS A MINIMAL SECURITY RISK. IN DETERMINING THE 2,021
PERSON'S CLASSIFICATION UNDER THIS DIVISION, THE ADMINISTRATOR OR 2,022
DESIGNEE SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING, BUT NOT 2,023
LIMITED TO, THE PERSON'S ESCAPE RISK AND PROPENSITY FOR 2,024
ASSAULTIVE OR VIOLENT BEHAVIOR, BASED UPON THE PERSON'S PRIOR AND 2,025
CURRENT BEHAVIOR.
(b) The person is an inmate transferred by order of a 2,027
judge of the sentencing court upon the request of the sheriff, 2,028
administrator, jailer, or other person responsible for operating 2,029
the jail other than a contractor as defined in division (H) of 2,030
section 9.06 of the Revised Code, who is named in the request as 2,031
being suitable for confinement in a minimum security facility and 2,032
for the confinement of persons convicted of a felony who are 2,033
sentenced to a residential sanction in the minimum security 2,034
54
misdemeanant jail pursuant to sections 2929.11 to 2929.19 of the 2,035
Revised Code. 2,036
(3) No person shall be confined in a building or structure 2,038
dedicated as a minimum security jail under division (B)(1) or (2) 2,040
of this section unless the judge who sentenced the person to the 2,041
term of imprisonment for the traffic violation or the misdemeanor 2,042
SPECIFIES THAT THE TERM OF IMPRISONMENT IS TO BE SERVED IN THAT
JAIL, AND DIVISION (B)(1) OR (2) OF THIS SECTION PERMITS THE 2,043
CONFINEMENT OF THE PERSON IN THAT JAIL or UNLESS THE JUDGE who 2,044
sentenced the person to the residential sanction for the felony 2,047
specifies that the term of imprisonment or the residential 2,048
sanction is to be served in that A jail, AND DIVISION (B)(1) OR 2,049
(2) OF THIS SECTION PERMITS THE CONFINEMENT OF THE PERSON IN THAT 2,050
JAIL. If a rented or leased building or structure is so 2,052
dedicated, the building or structure may be used as a minimum 2,053
security jail only during the period that it is rented or leased 2,054
by the municipal corporation or by an affiliated county or 2,055
municipal corporation. If a person convicted of a misdemeanor is 2,056
confined to a building or structure dedicated as a minimum 2,058
security jail under division (B)(1) or (2) of this section and 2,059
the sheriff, administrator, jailer, or other person responsible 2,060
for operating the jail other than a contractor as defined in 2,062
division (H) of section 9.06 of the Revised Code determines that 2,063
it would be more appropriate for the person so confined to be 2,064
confined in another jail or workhouse facility, the sheriff, 2,065
administrator, jailer, or other person may transfer the person so 2,066
confined to a more appropriate jail or workhouse facility. 2,067
(C) All of the following apply in relation to a building 2,069
or structure that is dedicated pursuant to division (B)(1) or (2) 2,070
of this section for use as a minimum security jail: 2,071
(1) To the extent that the use of the building or 2,073
structure as a minimum security jail requires a variance from any 2,075
municipal corporation, county, or township zoning ordinances or 2,076
regulations, the variance shall be granted.
55
(2) Except as provided in this section, the building or 2,078
structure shall not be used to confine any person unless it is in 2,079
substantial compliance with any applicable housing, fire 2,080
prevention, sanitation, health, and safety codes, regulations, or 2,081
standards. 2,082
(3) Unless such satisfaction or compliance is required 2,084
under the standards described in division (C)(4) of this section, 2,085
and notwithstanding any other provision of state or local law to 2,086
the contrary, the building or structure need not satisfy or 2,087
comply with any state or local building standard or code in order 2,088
to be used to confine a person for the purposes specified in 2,089
division (B) of this section. 2,090
(4) The building or structure shall not be used to confine 2,092
any person unless it is in compliance with all minimum standards 2,093
and minimum renovation, modification, and construction criteria 2,094
for minimum security jails that have been proposed by the 2,096
department of rehabilitation and correction, through its bureau 2,097
of adult detention, under section 5120.10 of the Revised Code.
(5) The building or structure need not be renovated or 2,099
modified into a secure detention facility in order to be used 2,100
solely to confine a person for the purposes specified in 2,101
divisions (B)(1)(a) and (B)(2)(a) of this section. 2,102
(6) The building or structure shall be used, equipped, 2,104
furnished, and staffed to provide adequate and suitable living, 2,105
sleeping, food service or preparation, drinking, bathing and 2,106
toilet, sanitation, and other necessary facilities, furnishings, 2,107
and equipment. 2,108
(D) Except as provided in this section, a minimum security 2,110
jail dedicated and used under this section shall be considered to 2,112
be part of the jail, workhouse, or other correctional facilities 2,113
of the municipal corporation or the affiliated counties and 2,114
municipal corporations for all purposes under the law. All 2,115
persons confined in such a minimum security jail shall be and 2,116
shall remain, in all respects, under the control of the authority 2,117
56
of the municipal corporation that has responsibility for the 2,118
management and operation of the jail, workhouse, or other 2,119
correctional facilities of the municipal corporation or, if it is 2,120
operated by any affiliation of counties or municipal 2,121
corporations, under the control of the specified county or 2,122
municipal corporation with that authority, provided that, if the 2,123
person was convicted of a felony and is serving a residential
sanction in the facility, all provisions of law that pertain to 2,124
persons convicted of a felony that would not by their nature 2,125
clearly be inapplicable apply regarding the person. A minimum 2,127
security jail dedicated and used under this section shall be 2,128
managed and maintained in accordance with policies and procedures 2,129
adopted by the legislative authority of the municipal corporation 2,130
or the affiliated counties and municipal corporations governing 2,131
the safe and healthful operation of the jail, the confinement and 2,132
supervision of the persons sentenced to it, and their 2,133
participation in work release or similar rehabilitation programs. 2,134
In addition to other rules of conduct and discipline, the rights 2,135
of ingress and egress of persons confined in a minimum security 2,136
jail dedicated and used under this section shall be subject to 2,137
reasonable restrictions. Every person confined in a minimum 2,138
security jail dedicated and used under this section shall be 2,140
given verbal and written notification, at the time of the 2,141
person's admission to the jail, that purposely leaving, or
purposely failing to return to, the jail without proper authority 2,142
or permission constitutes the felony offense of escape. 2,143
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 2,145
GUILTY TO AN OFFENSE IS SENTENCED TO A TERM OF IMPRISONMENT OR A 2,146
RESIDENTIAL SANCTION IN A MINIMUM SECURITY JAIL AS DESCRIBED IN 2,147
DIVISION (B)(1)(a) OR (B)(2)(a) OF THIS SECTION, OR IF A PERSON 2,149
IS AN INMATE TRANSFERRED TO A MINIMUM SECURITY JAIL BY ORDER OF A 2,150
JUDGE OF THE SENTENCING COURT AS DESCRIBED IN DIVISION (B)(1)(b) 2,151
OR (2)(b) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT OTHER 2,152
TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE JAIL 2,154
57
DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE 2,155
OPERATION OF THE JAIL MAY CAUSE THE CONVICTED OFFENDER TO BE 2,156
EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 2,157
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, AND OTHER 2,158
CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE OPERATION OF 2,160
THE JAIL MAY CAUSE A CONVICTED OFFENDER IN THE JAIL WHO REFUSES 2,161
TO BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, 2,162
HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR 2,163
ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND TREATED 2,165
INVOLUNTARILY.
Sec. 2301.51. (A)(1) The court of common pleas of any 2,174
county that has a population of two hundred thousand or more may 2,175
formulate a community-based correctional proposal that, upon 2,176
implementation, would provide a community-based correctional 2,177
facility and program for the use of that court in accordance with 2,178
sections 2301.51 to 2301.56 of the Revised Code. Upon the 2,179
approval of the director of rehabilitation and correction, the 2,180
court of common pleas of any county that has a population of two 2,181
hundred thousand or more may formulate more than one 2,182
community-based correctional proposal. In determining whether to 2,183
grant approval to a court to formulate more than one proposal, 2,185
the director shall consider the rate at which the county served 2,186
by the court commits felony offenders to the state correctional 2,187
system. If a court formulates more than one proposal, each 2,188
proposal shall be for a separate community-based correctional 2,189
facility and program.
For each community-based correctional proposal formulated 2,191
under this division, the fact that the proposal has been 2,192
formulated and the fact of any subsequent establishment of a 2,193
community-based correctional facility and program pursuant to the 2,194
proposal shall be entered upon the journal of the court. A 2,195
county's community-based correctional facilities and programs 2,196
shall be administered by a judicial corrections board. The 2,197
presiding judge of the court shall designate the members of the 2,198
58
board, who shall be judges of the court. The total number of 2,199
members of the board shall not exceed eleven. The presiding 2,200
judge of the court shall serve as chairman of the board. 2,201
(2) The courts of common pleas of two or more adjoining or 2,203
neighboring counties that have an aggregate population of two 2,204
hundred thousand or more may form a judicial corrections board 2,205
and proceed to organize a district and formulate a district 2,206
community-based correctional proposal that, upon implementation, 2,207
would provide a district community-based correctional facility 2,208
and program for the use of the member courts in accordance with 2,209
sections 2301.51 to 2301.56 of the Revised Code. Upon the 2,210
approval of the director of rehabilitation and correction, a 2,211
judicial corrections board may formulate more than one district 2,212
community-based correctional proposal. In determining whether to 2,213
grant approval to a judicial corrections board to formulate more 2,215
than one proposal, the director shall consider the rate at which 2,216
the counties that formed the board commit felony offenders to the 2,217
state correctional system. If a judicial corrections board 2,218
formulates more than one proposal, each proposal shall be for a 2,219
separate district community-based correctional facility and 2,220
program. The judicial corrections board shall consist of not 2,221
more than eleven judges of the member courts of common pleas, and 2,222
each member court shall be represented on the board by at least 2,223
one judge. The presiding judge of the court of common pleas of 2,224
the county with the greatest population shall serve as chairman 2,225
CHAIRPERSON of the board. The fact of the formation of a board 2,227
and district, and, for each district community-based correctional 2,228
proposal formulated under this division, the fact that the 2,229
proposal has been formulated and the fact of any subsequent 2,230
establishment of a district community-based correctional facility 2,231
and program shall be entered upon the journal of each member 2,232
court of common pleas.
(B)(1) Each proposal for the establishment of a 2,234
community-based correctional facility and program or district 2,235
59
community-based correctional facility and program that is 2,236
formulated pursuant to division (A) of this section shall be 2,237
submitted by the judicial corrections board to the division of 2,238
parole and community services for its approval under section 2,239
5120.10 of the Revised Code.
(2) No person shall be sentenced to or placed in a 2,242
community-based correctional facility and program or to a 2,243
district community-based correctional facility and program by a 2,245
court pursuant to section 2929.16 or 2929.17 of the Revised Code, 2,247
OR by the parole board pursuant to section 2967.28 of the Revised 2,248
Code, or by the department of rehabilitation and correction 2,249
pursuant to section 2967.23 of the Revised Code, or otherwise 2,250
committed or admitted to a facility and program of that type 2,252
until after the proposal for the establishment of the facility 2,253
and program has been approved by the division of parole and 2,255
community services under section 5120.10 of the Revised Code. A 2,257
person shall be released by the department of rehabilitation and 2,260
correction to a facility and program of that type only in 2,262
accordance with section 2967.23 of the Revised Code, sentenced to 2,265
a facility and program of that type only pursuant to a sanction 2,267
imposed by a court pursuant to section 2929.16 or 2929.17 of the 2,269
Revised Code as the sentence or as any part of the sentence of 2,270
the person, or otherwise SHALL BE committed or referred to a 2,272
facility and program of that type only when authorized by law. 2,275
(C) Upon the approval by the division of parole and 2,277
community services of a proposal for the establishment of a 2,279
community-based correctional facility and program or district 2,280
community-based correctional facility and program submitted to it 2,281
under division (B) of this section, the judicial corrections 2,282
board that submitted the proposal may establish and operate the 2,283
facility and program addressed by the proposal in accordance with 2,284
the approved proposal, AND division (B)(2) of this section, and 2,285
section 2967.23 of the Revised Code. The judicial corrections 2,287
board may submit a request for funding of some or all of its 2,288
60
community-based correctional facilities and programs or district 2,289
community-based correctional facilities and programs to the board 2,290
of county commissioners of the county, if the judicial
corrections board serves a community-based correctional facility 2,291
and program, or to the boards of county commissioners of all of 2,292
the member counties, if the judicial corrections board serves a 2,293
district community-based correctional facility and program. The 2,294
board or boards may appropriate, but are not required to 2,295
appropriate, a sum of money for funding all aspects of each 2,296
facility and program as outlined in sections 2301.51 to 2301.56 2,297
of the Revised Code. The judicial corrections board has no 2,298
recourse against a board or boards of county commissioners, 2,299
either under Chapter 2731. of the Revised Code, under its 2,300
contempt power, or under any other authority, if the board or 2,301
boards of county commissioners do not appropriate money for 2,302
funding any facility or program or if they appropriate money for 2,303
funding a facility and program in an amount less than the total 2,304
amount of the submitted request for funding. 2,305
(D)(1) If a court of common pleas that is being served by 2,307
any community-based correctional facility and program established 2,308
pursuant to division (C) of this section determines that it no 2,309
longer wants to be served by the facility and program, the court 2,310
may dissolve the facility and program by entering upon the 2,311
journal of the court the fact of the determination to dissolve 2,312
the facility and program and by notifying, in writing, the 2,313
division of parole and community services of the determination to 2,315
dissolve the facility and program. If the court is served by 2,316
more than one community-based correctional facility and program, 2,317
it may dissolve some or all of the facilities and programs and, 2,318
if it does not dissolve all of the facilities and programs, it 2,319
shall continue the operation of the remaining facilities and 2,320
programs.
(2) If all of the courts of common pleas being served by 2,322
any district community-based correctional facility and program 2,323
61
established pursuant to division (C) of this section determine 2,324
that they no longer want to be served by the facility and 2,325
program, the courts may dissolve the facility and program by 2,326
entering upon the journal of each court the fact of the 2,327
determination to dissolve the facility and program and by the 2,328
presiding judge of the court of common pleas of the county with 2,329
the greatest population notifying, in writing, the division of 2,331
parole and community services of the determination to dissolve 2,332
the facility and program. If the courts are served by more than 2,333
one community-based correctional facility and program, they may 2,334
dissolve some or all of the facilities and programs and, if they 2,335
do not dissolve all of the facilities and programs, they shall 2,336
continue the operation of the remaining facilities and programs. 2,337
(3) If at least one, but not all, of the courts of common 2,339
pleas being served by one or more district community-based 2,340
correctional facilities and programs established pursuant to 2,341
division (C) of this section determines that it no longer wants 2,342
to be served by the facilities and programs, the court may 2,343
terminate its involvement with each of the facilities and 2,344
programs by entering upon the journal of the court the fact of 2,345
the determination to terminate its involvement with the 2,346
facilities and programs and by the court notifying, in writing, 2,347
the division of parole and community services of the 2,348
determination to terminate its involvement with the facilities 2,350
and programs.
If at least one, but not all, of the courts of common pleas 2,352
being served by one or more district community-based correctional 2,353
facilities and programs terminates its involvement with each of 2,354
the facilities and programs in accordance with this division, the 2,355
other courts of common pleas being served by the facilities and 2,356
programs may continue to be served by each of the facilities and 2,357
programs if the other counties are adjoining or neighboring 2,358
counties and have an aggregate population of two hundred thousand 2,359
or more.
62
(E) Nothing in this section, sections 2301.52 to 2301.56, 2,361
or section 2967.23, 5120.10, 5120.111, or 5120.122 of the Revised 2,363
Code modifies or affects or shall be interpreted as modifying or 2,364
affecting sections 5149.30 to 5149.37 of the Revised Code. 2,365
Sec. 2301.52. Each proposal for a community-based 2,374
correctional facility and program or a district community-based 2,375
correctional facility and program shall provide for or contain at 2,376
least the following: 2,377
(A) The designation of a physical facility that will be 2,379
used for the confinement of persons released to the facility and 2,380
program by the department of rehabilitation and correction under 2,382
section 2967.23 of the Revised Code, sentenced to the facility 2,384
and program by a court pursuant to section 2929.16 or 2929.17 of
the Revised Code, or PERSONS otherwise committed or admitted 2,386
pursuant to law to the facility and program. The designate 2,388
facility shall satisfy all of the following:
(1) Be a secure facility that contains lockups and other 2,390
measures sufficient to ensure the safety of the surrounding 2,391
community; 2,392
(2) Provide living space and accommodations that are 2,394
suitable and adequate for the housing upon release, sentencing, 2,396
or other commitment or admission of the following number of 2,397
persons:
(a) For a facility that became operational prior to July 2,399
1, 1993, at least twenty, but not more than two hundred, persons; 2,400
(b) For a facility that becomes operational on or after 2,402
July 1, 1993, at least fifty, but not more than two hundred, 2,403
persons. 2,404
(3) Be constructed or modified, and maintained and 2,406
operated, so that it complies with the rules adopted pursuant to 2,408
Chapter 119. of the Revised Code by the division of parole and 2,409
community services in the department of rehabilitation and
correction for community-based correctional facilities and 2,412
programs and district community-based correctional facilities and 2,413
63
programs.
(B) The designation of a general treatment program that 2,415
will be applied individually to each person released to the 2,416
facility and program by the department of rehabilitation and 2,417
correction under section 2967.23 of the Revised Code, sentenced 2,418
to the facility and program by a court pursuant to section 2,420
2929.16 or 2929.17 of the Revised Code, or otherwise committed or 2,422
admitted pursuant to law to the facility and program. The 2,423
designated general treatment program shall not be limited to, but
at a minimum shall include, provisions to ensure that: 2,424
(1) Each person released by the department, sentenced by a 2,427
court, or otherwise committed or admitted to a facility is 2,428
provided an orientation period of at least thirty days, during 2,429
which period the person is not permitted to leave the facility 2,430
and is evaluated in relation to the person's placement in 2,431
rehabilitative programs; 2,432
(2) Each person released by the department, sentenced by a 2,435
court, or otherwise committed or admitted to a facility is placed 2,436
in a release program whereby the person will be released 2,437
temporarily for the purpose of employment in a manner consistent 2,439
with the applicable work-release program established under 2,440
section 5147.28 of the Revised Code, for vocational training, or 2,441
for other educational or rehabilitative programs; 2,442
(3) All suitable community resources that are available 2,444
are utilized in the treatment of each person released by the 2,445
department, sentenced by a court, or otherwise committed or 2,448
admitted to the facility.
(C) Provisions to ensure that the facility and program 2,450
will be staffed and operated by persons who satisfy the minimum 2,451
educational and experience requirements that are prescribed by 2,452
rule by the department of rehabilitation and correction; 2,453
(D) Provisions for an intake officer to screen each felony 2,455
offender who is sentenced by the court or courts that the 2,456
facility and program serve and to make recommendations to the 2,457
64
sentencing court concerning the admission or referral of each 2,458
felony offender to the facility and program within fourteen days 2,459
after notification of sentencing; 2,460
(E) Written screening standards that are to be used by an 2,462
intake officer in screening an offender under the provisions 2,463
described in division (D) of this section and that at a minimum 2,465
include provisions to ensure that the intake officer will not 2,466
make a recommendation to a sentencing court in support of the 2,468
sentencing of a person to the facility and program if the person 2,469
is ineligible for placement in the facility and program under 2,470
rules adopted by the facility's and program's judicial 2,471
corrections board. 2,472
(F) A statement that a good faith effort will be made to 2,474
ensure that the persons who staff and operate the facility and 2,475
program proportionately represent the racial, ethnic, and 2,476
cultural diversity of the persons released, sentenced, or 2,478
otherwise committed or admitted to the facility and program; 2,479
(G) A statement indicating that the facility's and 2,481
program's judicial corrections board, in its discretion, may 2,483
approve the department of rehabilitation and correction's release 2,484
to the facility and program of a prisoner serving a definite 2,485
sentence pursuant to section 2967.23 of the Revised Code. 2,486
Sec. 2301.55. (A) If a judicial corrections board 2,495
establishes one or more community-based correctional facilities 2,496
and programs or district community-based correctional facilities 2,497
and programs, all of the following apply, for each facility and 2,498
program so established: 2,499
(1) The judicial corrections board shall appoint and fix 2,501
the compensation of the director of the facility and program and 2,502
other professional, technical, and clerical employees who are 2,503
necessary to properly maintain and operate the facility and 2,504
program. 2,505
The director, under the supervision of the judicial 2,507
corrections board and subject to the rules of the judicial 2,508
65
corrections board that are prescribed under division (B) of this 2,509
section, shall control, manage, operate, and have general charge 2,510
of the facility and program, and shall have the custody of its 2,511
property, files, and records. 2,512
(2) The judicial corrections board may enter into 2,514
contracts with the board of county commissioners of the county in 2,515
which the facility and program is located or, in the case of a 2,516
district facility and program, with the county commissioners of 2,517
any county included in the district, whereby the county is to 2,518
provide buildings, goods, and services to the facility and 2,519
program. 2,520
(3) The judicial corrections board shall adopt rules for 2,522
the sentencing or other commitment or admission pursuant to law 2,524
of persons to, and the operation of, the facility and program. 2,525
The rules shall provide procedures that conform to sections 2,526
2301.51 to 2301.56, 2967.23, 5120.10, 5120.111, and 5120.112 of 2,528
the Revised Code. The rules adopted under this division shall be 2,529
entered upon the journal of the court of each member court of a 2,530
district. 2,531
(B) A judicial corrections board that establishes one or 2,533
more community-based correctional facilities and programs or 2,534
district community-based correctional facilities and programs may 2,535
accept any gift, donation, devise, or bequest of real or personal 2,536
property made to it by any person, or any grant or appropriation 2,537
made to it by any federal, state, or local governmental unit or 2,538
agency, and use the gift, donation, devise, bequest, grant, or 2,539
appropriation in any manner that is consistent with any 2,540
conditions of the gift, donation, devise, bequest, grant, or 2,541
appropriation and that it considers to be in the interests of the 2,542
facility and program. The judicial corrections board may sell, 2,543
lease, convey, or otherwise transfer any real or personal 2,544
property that it accepts pursuant to this division following the 2,545
procedures specified in sections 307.09, 307.10, and 307.12 of 2,546
the Revised Code. 2,547
66
(C) A judicial corrections board that establishes one or 2,549
more community-based correctional facilities and programs or 2,550
district community-based correctional facilities and programs 2,551
shall provide the citizens advisory board of the facilities and 2,552
programs with the staff assistance that the citizens advisory 2,553
board requires to perform the duties imposed by section 2301.54 2,554
of the Revised Code. 2,555
Sec. 2301.56. (A) A judicial corrections board that 2,565
proposes or establishes one or more community-based correctional 2,566
facilities and programs or district community-based correctional 2,567
facilities and programs may apply to the division of parole and 2,568
community services for state financial assistance for the cost of 2,569
renovation, maintenance, and operation of any of the facilities 2,570
and programs. If the judicial corrections board has proposed or 2,571
established more than one facility and program and if it desires 2,572
state financial assistance for more than one of the facilities 2,573
and programs, the board shall submit a separate application for 2,574
each facility and program for which it desires the financial 2,575
assistance. 2,576
An application for state financial assistance under this 2,578
section may be made when the judicial corrections board submits 2,579
for the approval of the section its proposal for the 2,580
establishment of the facility and program in question to the 2,581
division of parole and community services under division (B) of 2,582
section 2301.51 of the Revised Code, or at any time after the 2,583
section has approved the proposal. All applications for state 2,584
financial assistance for proposed or approved facilities and 2,585
programs shall be made on forms that are prescribed and furnished 2,586
by the department of rehabilitation and correction, and in 2,587
accordance with section 5120.112 of the Revised Code. 2,588
The judicial corrections board may submit a request for 2,590
funding of some or all of its community-based correctional 2,591
facilities and programs or district community-based correctional 2,592
facilities and programs to the board of county commissioners of 2,593
67
the county, if the judicial corrections board serves a 2,594
community-based correctional facility and program, or to the 2,595
boards of county commissioners of all of the member counties, if 2,596
the judicial corrections board serves a district community-based 2,597
correctional facility and program. The board or boards may 2,598
appropriate, but are not required to appropriate, a sum of money 2,599
for funding all aspects of each facility and program as outlined 2,600
in sections 2301.51 to 2301.56 of the Revised Code. The judicial 2,601
corrections board has no recourse against a board or boards of 2,602
county commissioners, either under Chapter 2731. of the Revised 2,603
Code, under its contempt power, or under any other authority, if 2,604
the board or boards of county commissioners do not appropriate 2,605
money for funding any facility or program or if they appropriate 2,606
money for funding a facility and program in an amount less than 2,607
the total amount of the submitted request for funding. 2,608
(B)(1) A board of county commissioners may require a 2,610
person who was convicted of an offense and who is confined in a 2,612
community-based correctional facility or district community-based 2,613
correctional facility as provided in sections 2301.51 to 2301.56 2,614
of the Revised Code, to reimburse the county for its expenses 2,615
incurred by reason of the person's confinement, including, but 2,616
not limited to, the expenses relating to the provision of food, 2,617
clothing, shelter, medical care, personal hygiene products, 2,618
including, but not limited to, toothpaste, toothbrushes, and 2,619
feminine hygiene items, and up to two hours of overtime costs the 2,620
sheriff or municipal corporation incurred relating to the trial
of the person. The amount of reimbursement may be the actual 2,622
cost of the prisoner's PERSON'S confinement plus the authorized 2,624
trial overtime costs or a lesser amount determined by the board
of county commissioners for the county, provided that the lesser 2,625
amount shall be determined by a formula that is uniformly applied 2,627
to persons incarcerated in the facility. The amount of
reimbursement shall be determined by a court at a hearing held 2,628
pursuant to section 2929.18 of the Revised Code if the prisoner 2,629
68
person is confined for a felony or section 2929.223 of the 2,631
Revised Code if the prisoner PERSON is confined for a 2,632
misdemeanor. The a confined for a misdemeanor amount or amounts 2,633
paid in reimbursement by a prisoner person confined for a 2,634
misdemeanor or the amount recovered from a prisoner PERSON 2,635
confined for a misdemeanor by executing upon the judgment 2,636
obtained pursuant to section 2929.223 of the Revised Code shall 2,637
be paid into the treasury of the county that incurred the 2,638
expenses. If a prisoner person is confined for a felony and the 2,640
court imposes a sanction under section 2929.18 of the Revised
Code that requires the prisoner person to reimburse the costs of 2,641
confinement, the prosecuting attorney shall bring an action to 2,643
recover the expenses of confinement IN ACCORDANCE WITH SECTION 2,644
2929.18 of the Revised Code.
(2) A board of county commissioners may adopt a resolution 2,646
specifying that a person who is convicted of a felony and who is 2,647
confined in a community-based correctional facility or district 2,648
community-based correctional facility as provided in sections 2,649
2301.51 to 2301.56 of the Revised Code is not required to 2,650
reimburse the county for its expenses incurred by reason of the 2,651
person's confinement, including the expenses listed in division
(B)(1) of this section. If the board adopts a resolution of that 2,653
nature, the board shall provide a copy to the court of common 2,654
pleas of the county, and the court that sentences a person
convicted of a felony shall not impose a sanction under section 2,655
2929.18 of the Revised Code that requires the person to reimburse 2,656
the costs of the confinement. 2,657
(C) In lieu of requiring offenders to reimburse the 2,659
political subdivision for expenses incurred by reason of the 2,660
person's confinement pursuant to division (B) of this section, 2,661
the board or boards of county commissioners, acting jointly with 2,662
the judicial corrections board, may adopt a prisoner
reimbursement policy for the community-based correctional 2,663
facility under this division to be administered under the 2,664
69
direction of the director of the facility. The director may 2,665
appoint a reimbursement coordinator to administer the facility's 2,666
prisoner reimbursement policy. A prisoner reimbursement policy
adopted under this division is a policy that requires a person 2,667
confined to the facility to reimburse the county or counties for 2,668
any expenses it incurs by reason of the person's confinement in 2,669
the facility, which expenses may include, but are not limited to, 2,670
the following:
(1) A per diem fee for room and board of not more than 2,672
sixty dollars per day or the actual per diem cost, whichever is 2,673
less, for the entire period of time the person is confined to the 2,674
facility;
(2) Actual charges for medical and dental treatment; 2,676
(3) Reimbursement for government property damaged by the 2,678
person while confined to the facility. 2,679
Rates charged shall be on a sliding scale determined by the 2,681
director with the approval of the judicial corrections board 2,682
based on the ability of the person confined to the facility to 2,683
pay and on consideration of any legal obligation of the person to 2,684
support a spouse, minor children, or other dependents and any
moral obligation to support dependents to whom the person is 2,685
providing or has in fact provided support. 2,686
The reimbursement coordinator or another person designated 2,688
by the director may investigate the financial status of the 2,689
confined person and obtain information necessary to investigate 2,690
that status, by means that may include contacting employers and 2,691
reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon 2,692
the person's release. At the end of the person's incarceration, 2,693
the person shall be presented with a billing statement signed by 2,694
the director.
The reimbursement coordinator or another person designated 2,696
by the director may collect, or the judicial corrections board 2,697
may enter into a contract with one or more public agencies or 2,698
70
private vendors to collect, any amounts remaining unpaid. Within 2,699
twelve months after the date of the confined person's release,
the prosecuting attorney may file a civil action in the name of 2,700
the state in the court of common pleas of the county in which the 2,701
facility is located to seek reimbursement from that person for 2,702
any billing amount that remains unpaid. No judgment obtained 2,703
under this section shall be enforced by means of execution 2,704
against the person's homestead. For purposes of this section,
"homestead" has the same meaning as in division (A) of section 2,705
323.151 of the Revised Code. Any reimbursement received under 2,706
this section shall be credited to the general fund of the county 2,707
that bore the expense, to be used for general fund purposes. 2,708
(D)(1) Notwithstanding any contrary provision in this 2,710
section or section 2929.18 or 2929.223 of the Revised Code, the 2,711
judicial corrections board may establish a policy that requires 2,712
any person who is not indigent and who is confined in the 2,713
community-based correctional facility or district community-based 2,714
correctional facility to pay a reasonable fee for any medical 2,715
treatment or service requested by and provided to that person.
This fee shall not exceed the actual cost of the treatment or 2,716
service provided. No person confined to a community-based 2,717
correctional facility or district community-based correctional 2,718
facility who is indigent shall be required to pay those fees, and 2,719
no person confined to any facility of that type shall be denied 2,720
any necessary medical care because of inability to pay those
fees.
Upon provision of the requested medical treatment or 2,722
service, payment of the required fee may be automatically 2,723
deducted from a person's account record in the facility's 2,724
business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the 2,725
person's confinement in the facility if funds later become 2,726
available in that person's account. If the person is released 2,727
from the facility and has an unpaid balance of these fees, the 2,728
71
judicial corrections board may bill the person for payment of the 2,729
remaining unpaid fees. Fees received for medical treatment or
services shall be paid into the commissary fund, if one has been 2,730
created for the facility, or if no such fund exists, into the 2,731
county treasury of the county that actually paid for the 2,732
treatment or service.
(2) If a person confined to a community-based correctional 2,734
facility or district community-based correctional facility is 2,735
required under division (B) or (C) of this section or section 2,736
2929.18 or 2929.223 of the Revised Code to reimburse the county 2,737
for expenses incurred by reason of the person's confinement to 2,738
the facility, any fees paid by the person under division (D)(1)
of this section shall be deducted from the expenses required to 2,739
be reimbursed under division (B) or (C) of this section or 2,740
section 2929.18 or 2929.223 of the Revised Code. 2,741
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 2,743
GUILTY TO AN OFFENSE IS CONFINED IN A COMMUNITY-BASED 2,744
CORRECTIONAL FACILITY OR DISTRICT COMMUNITY-BASED CORRECTIONAL 2,745
FACILITY, AT THE TIME OF RECEPTION AND AT OTHER TIMES THE PERSON 2,746
IN CHARGE OF THE OPERATION OF THE FACILITY DETERMINES TO BE
APPROPRIATE, THE PERSON IN CHARGE OF THE OPERATION OF THE 2,747
FACILITY MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND 2,748
TESTED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT 2,749
NOT LIMITED TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS 2,750
DISEASES. THE PERSON IN CHARGE OF THE OPERATION OF THE FACILITY 2,752
MAY CAUSE A CONVICTED OFFENDER IN THE FACILITY WHO REFUSES TO BE 2,753
TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 2,754
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 2,755
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 2,757
Sec. 2305.24. Any information, data, reports, or records 2,766
made available to a quality assurance committee or utilization 2,767
committee of a hospital or of any not-for-profit health care 2,768
corporation which THAT is a member of the hospital or of which 2,769
the hospital is a member shall be confidential and shall be used 2,771
72
by the committee and the committee members only in the exercise 2,772
of the proper functions of the committee. Any information, data, 2,773
reports, or records made available to a utilization committee of 2,774
a state or local medical society composed of doctors of medicine 2,775
or doctors of osteopathic medicine and surgery shall be 2,776
confidential and shall be used by the committee and the committee 2,777
members only in the exercise of the proper functions of the 2,778
committee. A right of action similar to that a patient may have 2,779
against an attending physician for misuse of information, data, 2,780
reports, or records arising out of the physician-patient 2,781
relationship, shall accrue against a member of a quality 2,782
assurance committee or utilization committee for misuse of any 2,783
information, data, reports, or records furnished to the committee 2,784
by an attending physician. No physician, surgeon, institution, 2,785
or hospital furnishing information, data, reports, or records to 2,786
a committee with respect to any patient examined or treated by 2,787
the physician or surgeon or confined in the institution or 2,788
hospital shall, by reason of the furnishing, be deemed liable in 2,789
damages to any person, or be held to answer for betrayal of a 2,790
professional confidence within the meaning and intent of section 2,791
4731.22 of the Revised Code. Information, data, or reports 2,792
furnished to a utilization committee of a state or local medical 2,793
society shall contain no name of any person involved therein. 2,794
Any information, data, reports, or records made available 2,796
to a quality assurance committee of a state correctional 2,797
institution operated by the department of rehabilitation and 2,798
correction or a quality assurance committee of the central office 2,799
of the department of rehabilitation and correction or department 2,801
of mental health shall be confidential and shall be used by the
department or committee and the department or committee members 2,802
only in the exercise of the proper functions of the department or 2,803
committee.
As used in this section, "utilization committee" is the 2,805
committee established to administer a utilization review plan of 2,806
73
a hospital, of a not-for-profit health care corporation which is 2,807
a member of the hospital or of which the hospital is a member, or 2,808
of an extended care facility as provided in the "Health Insurance 2,809
for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k). 2,810
Sec. 2305.25. (A) No health care entity and no individual 2,820
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 2,821
following corporations shall be liable in damages to any person 2,822
for any acts, omissions, decisions, or other conduct within the 2,823
scope of the functions of the board, committee, or corporation: 2,824
(1) A peer review committee of a hospital, a nonprofit 2,826
health care corporation which is a member of the hospital or of 2,827
which the hospital is a member, or a community mental health 2,828
center; 2,829
(2) A board or committee of a hospital or of a nonprofit 2,832
health care corporation which is a member of the hospital or of 2,833
which the hospital is a member reviewing professional
qualifications or activities of the hospital medical staff or 2,834
applicants for admission to the medical staff; 2,835
(3) A utilization committee of a state or local society 2,837
composed of doctors of medicine or doctors of osteopathic 2,838
medicine and surgery or doctors of podiatric medicine; 2,839
(4) A peer review committee of nursing home providers or 2,841
administrators, including a corporation engaged in performing the 2,843
functions of a peer review committee of nursing home providers or 2,844
administrators, or a corporation engaged in the functions of
another type of peer review or professional standards review 2,845
committee; 2,846
(5) A peer review committee, professional standards review 2,848
committee, or arbitration committee of a state or local society 2,849
composed of doctors of medicine, doctors of osteopathic medicine 2,850
and surgery, doctors of dentistry, doctors of optometry, doctors 2,851
of podiatric medicine, psychologists, or registered pharmacists; 2,852
(6) A peer review committee of a health insuring 2,854
74
corporation that has at least a two-thirds majority of member 2,856
physicians in active practice and that conducts professional 2,857
credentialing and quality review activities involving the 2,858
competence or professional conduct of health care providers, 2,859
which conduct adversely affects, or could adversely affect, the 2,860
health or welfare of any patient. For purposes of this division, 2,861
"health insuring corporation" includes wholly owned subsidiaries 2,864
of a health insuring corporation. 2,865
(7) A peer review committee of any insurer authorized 2,867
under Title XXXIX of the Revised Code to do the business of 2,868
sickness and accident insurance in this state that has at least a 2,869
two-thirds majority of physicians in active practice and that 2,870
conducts professional credentialing and quality review activities 2,871
involving the competence or professional conduct of health care 2,872
providers, which conduct adversely affects, or could adversely 2,873
affect, the health or welfare of any patient; 2,874
(8) A peer review committee of any insurer authorized 2,876
under Title XXXIX of the Revised Code to do the business of 2,877
sickness and accident insurance in this state that has at least a 2,878
two-thirds majority of physicians in active practice and that 2,879
conducts professional credentialing and quality review activities 2,880
involving the competence or professional conduct of a health care 2,881
facility that has contracted with the insurer to provide health 2,882
care services to insureds, which conduct adversely affects, or 2,883
could adversely affect, the health or welfare of any patient; 2,884
(9) A quality assurance committee of a state correctional 2,886
institution operated by the department of rehabilitation and 2,888
correction;
(10) A quality assurance committee of the central office 2,890
of the department of rehabilitation and correction or department 2,892
of mental health;
(11) A peer review committee of an insurer authorized 2,894
under Title XXXIX of the Revised Code to do the business of 2,895
medical professional liability insurance in this state and that 2,896
75
conducts professional quality review activities involving the 2,898
competence or professional conduct of health care providers, 2,899
which conduct adversely affects, or could affect, the health or
welfare of any patient; 2,900
(12)(10) A peer review committee of a health care entity. 2,902
(B)(1) A hospital shall be presumed to not be negligent in 2,904
the credentialing of a qualified person if the hospital proves by 2,905
a preponderance of the evidence that at the time of the alleged 2,906
negligent credentialing of the qualified person it was accredited 2,907
by the joint commission on accreditation of health care 2,908
organizations, the American osteopathic association, or the
national committee for quality assurance. 2,909
(2) The presumption that a hospital is not negligent as 2,911
provided in division (B)(1) of this section may be rebutted only 2,912
by proof, by a preponderance of the evidence, of any of the 2,913
following:
(a) The credentialing and review requirements of the 2,915
accrediting organization did not apply to the hospital, the 2,916
qualified person, or the type of professional care that is the 2,917
basis of the claim against the hospital.
(b) The hospital failed to comply with all material 2,919
credentialing and review requirements of the accrediting 2,920
organization that applied to the qualified person. 2,921
(c) The hospital, through its medical staff executive 2,923
committee or its governing body and sufficiently in advance to 2,924
take appropriate action, knew that a previously competent 2,925
qualified person with staff privileges at the hospital had 2,926
developed a pattern of incompetence that indicated that the 2,927
qualified person's privileges should have been limited prior to 2,928
treating the plaintiff at the hospital. 2,929
(d) The hospital, through its medical staff executive 2,931
committee or its governing body and sufficiently in advance to 2,932
take appropriate action, knew that a previously competent 2,933
qualified person with staff privileges at the hospital would 2,934
76
provide fraudulent medical treatment but failed to limit the 2,935
qualified person's privileges prior to treating the plaintiff at 2,936
the hospital. 2,937
(3) If the plaintiff fails to rebut the presumption 2,939
provided in division (B)(1) of this section, upon the motion of 2,940
the hospital, the court shall enter judgment in favor of the 2,941
hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any 2,943
individual or health care entity from liability arising from 2,944
treatment of a patient. Nothing in this section shall be 2,945
construed as creating an exception to section 2305.251 of the 2,946
Revised Code.
(D) No person who provides information under this section 2,948
without malice and in the reasonable belief that the information 2,950
is warranted by the facts known to the person shall be subject to 2,951
suit for civil damages as a result of providing the information. 2,952
(E) For purposes of AS USED IN this section: 2,954
(1) "Peer review committee" means a utilization review 2,956
committee, quality assurance committee, quality improvement 2,957
committee, tissue committee, credentialing committee, or other 2,958
committee that conducts professional credentialing and quality 2,959
review activities involving the competence or professional 2,960
conduct of health care practitioners.
(2) "Health care entity" means a government entity, a 2,962
for-profit or nonprofit corporation, a limited liability company, 2,963
a partnership, a professional corporation, a state or local 2,964
society as described in division (A)(3) of this section, or other 2,965
health care organization, including, but not limited to, health 2,966
care entities described in division (A) of this section, whether 2,967
acting on its own behalf or on behalf of or in affiliation with 2,968
other health care entities, that conducts, as part of its
purpose, professional credentialing or quality review activities 2,969
involving the competence or professional conduct of health care 2,970
practitioners or providers. 2,971
77
(3) "Hospital" means either of the following: 2,973
(a) An institution that has been registered or licensed by 2,975
the Ohio department of health as a hospital; 2,976
(b) An entity, other than an insurance company authorized 2,978
to do business in this state, that owns, controls, or is 2,979
affiliated with an institution that has been registered or 2,981
licensed by the Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff 2,983
of a hospital or a person who has professional privileges at a 2,984
hospital pursuant to section 3701.351 of the Revised Code. 2,985
(F) This section shall be considered to be purely remedial 2,988
in its operation and shall be applied in a remedial manner in any 2,989
civil action in which this section is relevant, whether the civil 2,990
action is pending in court or commenced on or after the effective 2,991
date of this section, regardless of when the cause of action 2,992
accrued and notwithstanding any other section of the Revised Code 2,994
or prior rule of law of this state.
Sec. 2305.251. Proceedings and records within the scope of 3,003
the peer review or utilization review functions of all review 3,004
boards, committees, or corporations described in section 2305.25 3,006
of the Revised Code shall be held in confidence and shall not be 3,007
subject to discovery or introduction in evidence in any civil 3,008
action against a health care professional, the department of 3,009
rehabilitation and correction, the department of mental health, a 3,010
hospital, a not-for-profit health care corporation which THAT is 3,011
a member of a hospital or of which a hospital is a member, or 3,012
other ANOTHER health care entity arising out of matters that are 3,014
the subject of evaluation and review by the review board, 3,015
committee, or corporation. No person in attendance at a meeting 3,016
of a review board, committee, or corporation or serving as a 3,017
member or employee of a review board, committee, or corporation 3,018
shall be permitted or required to testify in any civil action as 3,019
to any evidence or other matters produced or presented during the 3,020
proceedings of the review board, committee, or corporation or as 3,021
78
to any finding, recommendation, evaluation, opinion, or other 3,022
action of the review board, committee, or corporation or a member 3,023
or employee of it. Information, documents, or records otherwise 3,025
available from original sources are not to be construed as being 3,026
unavailable for discovery or for use in any civil action merely 3,027
because they were presented during proceedings of a review board, 3,028
committee, or corporation, nor should any person testifying 3,029
before a review board, committee, or corporation or who is a 3,030
member or employee of the review board, committee, or corporation
be prevented from testifying as to matters within the person's 3,032
knowledge, but the witness cannot be asked about the witness's 3,033
testimony before the review board, committee, or corporation or 3,034
an opinion formed by the witness as a result of the review board, 3,035
committee, or corporation hearing. An order by a court to
produce for discovery or for use at trial the proceedings or 3,037
records described in this section is a final order.
Sec. 2901.07. (A) As used in this section: 3,046
(1) "DNA analysis" and "DNA specimen" have the same 3,048
meanings as in section 109.573 of the Revised Code. 3,049
(2) "Jail" and "community-based correctional facility" 3,051
have the same meanings as in section 2929.01 of the Revised Code. 3,052
(3) "Post-release control" has the same meaning as in 3,054
section 2967.28 2967.01 of the Revised Code. 3,056
(B)(1) A person who is convicted of or pleads guilty to a 3,059
felony offense listed in division (D) of this section and who is 3,060
sentenced to a prison term or to a community residential sanction 3,061
in a jail or community-based correctional facility pursuant to 3,062
section 2929.16 of the Revised Code, and a person who is 3,064
convicted of or pleads guilty to a misdemeanor offense listed in 3,065
division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a DNA specimen collection procedure 3,068
administered by the director of rehabilitation and correction or 3,069
the chief administrative officer of the jail or other detention 3,070
facility in which the person is serving the term of imprisonment. 3,071
79
If the person serves the prison term in a state correctional 3,072
institution, the director of rehabilitation and correction shall 3,073
cause the DNA specimen to be collected from the person during the 3,074
intake process at the reception facility designated by the 3,076
director. If the person serves the community residential 3,077
sanction or term of imprisonment in a jail, a community-based 3,078
correctional facility, or another county, multicounty, municipal, 3,079
municipal-county, or multicounty-municipal detention facility, 3,080
the chief administrative officer of the jail, community-based 3,082
correctional facility, or detention facility shall cause the DNA 3,084
specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or 3,085
detention facility. In accordance with division (C) of this 3,087
section, the director or the chief administrative officer shall 3,088
cause the DNA specimen to be forwarded to the bureau of criminal 3,089
identification and investigation no later than fifteen days after 3,090
the date of the collection of the DNA specimen. The DNA specimen 3,091
shall be collected in accordance with division (C) of this 3,092
section.
(2) If a person is convicted of or pleads guilty to an 3,095
offense listed in division (D) of this section, is serving a 3,097
prison term, community residential sanction, or term of
imprisonment for that offense, and does not provide a DNA 3,098
specimen pursuant to division (B)(1) of this section, prior to 3,099
the person's release from the prison term, community residential 3,100
sanction, or imprisonment, the person shall submit to, and 3,102
director of rehabilitation and correction or the chief 3,103
administrative officer of the jail, community-based correctional 3,104
facility, or detention facility in which the person is serving
the prison term, community residential sanction, or term of 3,106
imprisonment shall administer, a DNA specimen collection 3,107
procedure at the state correctional institution, jail, 3,108
community-based correctional facility, or detention facility in 3,109
which the person is serving the prison term, community 3,110
80
residential sanction, or term of imprisonment. In accordance 3,112
with division (C) of this section, the director or the chief 3,114
administrative officer shall cause the DNA specimen to be
forwarded to the bureau of criminal identification and 3,116
investigation no later than fifteen days after the date of the 3,117
collection of the DNA specimen. The DNA specimen shall be 3,118
collected in accordance with division (C) of this section. 3,119
(3) If a person serving a prison term or community 3,121
residential sanction for a felony is released on parole, furlough 3,122
UNDER TRANSITIONAL CONTROL, or other ON ANOTHER TYPE OF release 3,124
or is on post-release control, if the person is under the 3,126
supervision of the adult parole authority, if the person is 3,127
returned to a jail, community-based correctional facility, or 3,128
state correctional institution for a violation of a condition THE 3,130
TERMS AND CONDITIONS of the parole, furlough TRANSITIONAL 3,131
CONTROL, other release, or post-release control, if the person 3,132
was or will be serving a prison term or community residential 3,133
sanction for committing an offense listed in division (D) of this 3,136
section, and if the person did not provide a DNA specimen 3,137
pursuant to division (B)(1) or (2) of this section, the person 3,139
shall submit to, and the director of rehabilitation and 3,140
correction or the chief administrative officer of the jail or 3,141
community-based correctional facility shall administer, a DNA 3,142
specimen collection procedure at the jail, community-based 3,144
correctional facility, or state correctional institution in which 3,145
the person is serving the prison term or community residential 3,146
sanction. In accordance with division (C) of this section, the 3,149
director or the chief administrative officer shall cause the DNA 3,151
specimen to be forwarded to the bureau of criminal identification 3,152
and investigation no later than fifteen days after the date of 3,153
the collection of the DNA specimen. The DNA specimen shall be 3,154
collected from the person in accordance with division (C) of this 3,156
section.
(C) A physician, registered nurse, licensed practical 3,159
81
nurse, duly licensed clinical laboratory technician, or other 3,160
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 3,161
pursuant to division (B) of this section. No later than fifteen 3,162
days after the date of the collection of the DNA specimen, the 3,163
director of rehabilitation and correction or the chief 3,164
administrative officer of the jail, community-based correctional 3,165
facility, or other county, multicounty, municipal, 3,166
municipal-county, or multicounty-municipal detention facility, in 3,167
which the person is serving the prison term, community 3,168
residential sanction, or term of imprisonment shall cause the DNA 3,169
specimen to be forwarded to the bureau of criminal identification 3,170
and investigation in accordance with procedures established by 3,171
the superintendent of the bureau under division (H) of section 3,172
109.573 of the Revised Code. The bureau shall provide the 3,173
specimen vials, mailing tubes, labels, postage, and instructions 3,174
needed for the collection and forwarding of the DNA specimen to 3,175
the bureau.
(D) The director of rehabilitation and correction and the 3,177
chief administrative officer of the jail, community-based 3,178
correctional facility, or other county, multicounty, municipal, 3,179
municipal-county, or multicounty-municipal detention facility 3,180
shall cause a DNA specimen to be collected in accordance with 3,183
divisions (B) and (C) of this section from a person in its 3,184
custody who is convicted of or pleads guilty to any of the 3,185
following offenses: 3,186
(1) A violation of section 2903.01, 2903.02, 2905.01, 3,188
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 3,190
Code;
(2) A violation of section 2907.12 of the Revised Code as 3,192
it existed prior to September 3, 1996; 3,193
(3) An attempt to commit a violation of section 2907.02, 3,195
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 3,197
violation of section 2907.12 of the Revised Code as it existed
82
prior to September 3, 1996; 3,199
(4) A violation of any law that arose out of the same 3,201
facts and circumstances and same act as did a charge against the 3,204
person of a violation of section 2907.02, 2907.03, 2907.04, or 3,205
2907.05 of the Revised Code that previously was dismissed or as 3,206
did a charge against the person of a violation of section 2907.12 3,207
of the Revised Code as it existed prior to September 3, 1996, 3,208
that previously was dismissed;
(5) A violation of section 2905.02 or 2919.23 of the 3,210
Revised Code that would have been a violation of section 2905.04 3,213
of the Revised Code as it existed prior to July 1, 1996, had it 3,215
been committed prior to that date;
(6) A sexually oriented offense, as defined in section 3,217
2950.01 of the Revised Code, if, in relation to that offense, the 3,219
offender has been adjudicated as being a sexual predator, as 3,220
defined in section 2950.01 of the Revised Code. 3,221
(E) The director of rehabilitation and correction or a 3,223
chief administrative officer of a jail, community-based 3,224
correctional facility, or other detention facility described in 3,226
division (B) of this section is not required to comply with this 3,227
section until the superintendent of the bureau of criminal 3,228
identification and investigation gives agencies in the criminal 3,229
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 3,230
is prepared to accept DNA specimens. 3,231
Sec. 2903.13. (A) No person shall knowingly cause or 3,240
attempt to cause physical harm to another or to another's unborn. 3,241
(B) No person shall recklessly cause serious physical harm 3,243
to another or to another's unborn. 3,244
(C) Whoever violates this section is guilty of assault. 3,246
Except as otherwise provided in division (C)(1), (2), or (3) of 3,247
this section, assault is a misdemeanor of the first degree. 3,249
(1) If EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF 3,251
the offense is committed by a caretaker against a functionally 3,253
83
impaired person under the caretaker's care, assault is a felony 3,254
of the fourth degree. If the offense is committed by a caretaker 3,255
against a functionally impaired person under the caretaker's 3,256
care, if the offender previously has been convicted of or pleaded 3,258
guilty to a violation of this section or section 2903.11 or 3,259
2903.16 of the Revised Code, and if in relation to the previous 3,260
conviction the offender was a caretaker and the victim was a 3,261
functionally impaired person under the offender's care, assault 3,262
is a felony of the third degree. 3,263
(2) If the offense is committed in any of the following 3,265
circumstances, assault is a felony of the fifth degree: 3,266
(a) The offense occurs in or on the grounds of a state 3,268
correctional institution or an institution of the department of 3,269
youth services, the victim of the offense is an employee of the 3,270
department of rehabilitation and correction, the department of 3,271
youth services, or a probation department or is on the premises 3,272
of the particular institution for business purposes or as a 3,273
visitor, and the offense is committed by a person incarcerated in 3,274
the state correctional institution, BY a person institutionalized 3,275
in the department of youth services institution pursuant to a 3,276
commitment to the department of youth services, or BY a 3,277
probationer, furloughee, or parolee, BY AN OFFENDER UNDER 3,279
TRANSITIONAL CONTROL, UNDER A COMMUNITY CONTROL SANCTION, OR ON 3,281
AN ESCORTED VISIT, BY A PERSON UNDER POST-RELEASE CONTROL, OR BY 3,283
AN OFFENDER UNDER ANY OTHER TYPE OF SUPERVISION BY A GOVERNMENT 3,284
AGENCY;
(b) The offense occurs in or on the grounds of a local 3,286
correctional facility, the victim of the offense is an employee 3,287
of the local correctional facility or a probation department or 3,288
is on the premises of the facility for business purposes or as a 3,289
visitor, and the offense is committed by a person who is under 3,290
custody in the facility subsequent to the person's arrest for any 3,291
crime or delinquent act, subsequent to the person's being charged 3,293
with or convicted of any crime, or subsequent to the person's 3,295
84
being alleged to be or adjudicated a delinquent child. 3,296
(c) The offense occurs off the grounds of a state 3,298
correctional institution and off the grounds of an institution of 3,299
the department of youth services, the victim of the offense is an 3,300
employee of the department of rehabilitation and correction, the 3,301
department of youth services, or a probation department, the 3,302
offense occurs during the employee's official work hours and 3,303
while the employee is engaged in official work responsibilities, 3,304
and the offense is committed by a person incarcerated in a state 3,306
correctional institution or institutionalized in the department 3,307
of youth services who temporarily is outside of the institution 3,308
for any purpose or, by a probationer, OR parolee, or furloughee 3,310
BY AN OFFENDER UNDER TRANSITIONAL CONTROL, UNDER A COMMUNITY 3,311
CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A PERSON UNDER
POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY OTHER TYPE OF 3,312
SUPERVISION BY A GOVERNMENT AGENCY. 3,313
(d) The offense occurs off the grounds of a local 3,315
correctional facility, the victim of the offense is an employee 3,316
of the local correctional facility or a probation department, the 3,317
offense occurs during the employee's official work hours and 3,318
while the employee is engaged in official work responsibilities, 3,319
and the offense is committed by a person who is under custody in 3,320
the facility subsequent to the person's arrest for any crime or 3,321
delinquent act, subsequent to the person being charged with or 3,322
convicted of any crime, or subsequent to the person being alleged 3,323
to be or adjudicated a delinquent child and who temporarily is 3,325
outside of the facility for any purpose or by a probationer, OR 3,326
parolee, or furloughee BY AN OFFENDER UNDER TRANSITIONAL CONTROL, 3,327
UNDER A COMMUNITY CONTROL SANCTION, OR ON AN ESCORTED VISIT, BY A 3,328
PERSON UNDER POST-RELEASE CONTROL, OR BY AN OFFENDER UNDER ANY 3,329
OTHER TYPE OF SUPERVISION BY A GOVERNMENT AGENCY. 3,330
(e) The victim of the offense is a school teacher or 3,332
administrator or a school bus operator, and the offense occurs on 3,333
school premises, in a school building, on a school bus, or while 3,334
85
the victim is outside of school premises or a school bus and is 3,335
ingaged in duties or official responsibilities associated with 3,336
the victim's employement or position as a school teacher or
administrator or a school bus operator, including, but not 3,337
limited to, driving, accompanying, or chaperoning students at or 3,338
on class or field trips, athletic events, or other school 3,339
extracurricular activities or functions outide of school 3,340
premises.
(3) If the victim of the offense is a peace officer, a 3,342
fire fighter, or a person performing emergency medical service, 3,343
while in the performance of their official duties, assault is a 3,344
felony of the fourth degree. 3,345
(4) As used in this section: 3,347
(a) "Peace officer" has the same meaning as in section 3,349
2935.01 of the Revised Code. 3,350
(b) "Fire fighter" has the same meaning as in section 3,352
3937.41 of the Revised Code. 3,353
(c) "Emergency medical service" has the same meaning as in 3,355
section 4765.01 of the Revised Code. 3,356
(d) "Local correctional facility" means a county, 3,358
multicounty, municipal, municipal-county, or 3,359
multicounty-municipal jail or workhouse, a minimum security jail 3,361
established under section 341.23 or 753.21 of the Revised Code, 3,362
or another county, multicounty, municipal, municipal-county, or 3,363
multicounty-municipal facility used for the custody of persons 3,364
arrested for any crime or delinquent act, persons charged with or 3,365
convicted of any crime, or persons alleged to be or adjudicated a 3,366
delinquent child.
(e) "Employee of a local correctional facility" means a 3,368
person who is an employee of the political subdivision or of one 3,369
or more of the affiliated political subdivisions that operates 3,370
the local correctional facility and who operates or assists in 3,371
the operation of the facility. 3,372
(f) "School," "school building," and "school premises" 3,374
86
have the same meanings as in section 2925.01 of the Revised Code. 3,375
(g) "School teacher or administrator" means either of the 3,377
following:
(i) A person who is employed in the public schools of the 3,379
state under a contract described in section 3319.08 of the 3,380
Revised Code in a position in which the person is required to 3,381
have a certificate issued pursuant to sections 3319.22 to 3,382
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 3,384
which the state board of education prescribes minimum standards 3,385
under section 3301.07 of the Revised Code and who is certificated 3,386
in accordance with section 3301.071 of the Revised Code. 3,387
(h) "School bus" has the same meaning as in section 3,389
4511.01 of the Revised Code. 3,390
(i) "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS 3,392
IN SECTION 2929.01 OF THE REVISED CODE. 3,393
(j) "ESCORTED VISIT" MEANS AN ESCORTED VISIT GRANTED UNDER 3,395
SECTION 2967.27 OF THE REVISED CODE. 3,396
(k) "POST-RELEASE CONTROL" AND "TRANSITIONAL CONTROL" HAVE 3,398
THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE. 3,399
Sec. 2921.36. (A) No person shall knowingly convey, or 3,408
attempt to convey, onto the grounds of a detention facility or of 3,409
an institution that is under the control of the department of 3,410
mental health or the department of mental retardation and 3,411
developmental disabilities, any of the following items: 3,412
(1) Any deadly weapon or dangerous ordnance, as defined in 3,414
section 2923.11 of the Revised Code, or any part of or ammunition 3,415
for use in such a deadly weapon or dangerous ordnance; 3,416
(2) Any drug of abuse, as defined in section 3719.011 of 3,418
the Revised Code; 3,419
(3) Any intoxicating liquor, as defined in section 4301.01 3,421
of the Revised Code. 3,422
(B) Division (A) of this section does not apply to any 3,424
person who conveys or attempts to convey an item onto the grounds 3,425
87
of a detention facility or of an institution under the control of 3,426
the department of mental health or the department of mental 3,427
retardation and developmental disabilities pursuant to the 3,428
written authorization of the person in charge of the detention 3,429
facility or the institution and in accordance with the written 3,430
rules of the detention facility or the institution. 3,431
(C) No person shall knowingly deliver, or attempt to 3,433
deliver, to any person who is confined in a detention facility or 3,434
to any patient in an institution under the control of the 3,435
department of mental health or the department of mental 3,436
retardation and developmental disabilities, any item listed in 3,437
division (A)(1), (2), or (3) of this section. 3,438
(D) No person shall knowingly deliver, or attempt to 3,440
deliver, cash to any person who is confined in a detention 3,441
facility.
(E)(1) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 3,443
DIVISION (A)(1) OF THIS SECTION THAT THE WEAPON OR DANGEROUS 3,445
ORDNANCE IN QUESTION WAS BEING TRANSPORTED IN A MOTOR VEHICLE FOR 3,446
ANY LAWFUL PURPOSE, THAT IT WAS NOT ON THE ACTOR'S PERSON, AND,
IF THE WEAPON OR DANGEROUS ORDNANCE IN QUESTION WAS A FIREARM, 3,447
THAT IT WAS UNLOADED AND WAS BEING CARRIED IN A CLOSED PACKAGE, 3,448
BOX, OR CASE OR IN A COMPARTMENT THAT CAN BE REACHED ONLY BY 3,449
LEAVING THE VEHICLE.
(2) It is an affirmative defense to a charge under 3,451
division (C) of this section that the actor was not otherwise 3,452
prohibited by law from delivering the item to the confined person 3,453
or the patient and that either of the following applies: 3,454
(1)(a) The actor was permitted by the written rules of the 3,456
detention facility or the institution to deliver the item to the 3,457
confined person or the patient. 3,458
(2)(b) The actor was given written authorization by the 3,460
person in charge of the detention facility or the institution to 3,461
deliver the item to the confined person or the patient. 3,462
(F)(1) Whoever violates division (A)(1) of this section or 3,464
88
commits a violation of division (C) of this section involving an 3,465
item listed in division (A)(1) of this section is guilty of 3,466
illegal conveyance of weapons onto the grounds of a detention 3,467
facility or a mental health or mental retardation and 3,468
developmental disabilities institution, a felony of the fourth 3,470
degree. IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE
DEPARTMENT OF REHABILITATION AND CORRECTION, THE COURT SHALL 3,471
IMPOSE A MANDATORY PRISON TERM. 3,472
(2) Whoever violates division (A)(2) of this section or 3,474
commits a violation of division (C) of this section involving any 3,475
drug of abuse is guilty of illegal conveyance of drugs of abuse 3,476
onto the grounds of a detention facility or a mental health or 3,477
mental retardation and developmental disabilities institution, a 3,478
felony of the fourth degree if the offender is an officer or 3,480
employee of the facility or institution or a felony of the fifth 3,481
degree if the offender is not such an officer or employee. IF
THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF 3,482
REHABILITATION AND CORRECTION, THE COURT SHALL IMPOSE A MANDATORY 3,483
PRISON TERM.
(3) Whoever violates division (A)(3) of this section or 3,485
commits a violation of division (C) of this section involving any 3,486
intoxicating liquor is guilty of illegal conveyance of 3,487
intoxicating liquor onto the grounds of a detention facility or a 3,488
mental health or mental retardation and developmental 3,489
disabilities institution, a misdemeanor of the second degree. 3,490
(4) Whoever violates division (D) of this section is 3,492
guilty of illegal conveyance of cash onto the grounds of a 3,493
detention facility, a misdemeanor of the first degree. If the 3,494
offender previously has been convicted of or pleaded guilty to a 3,495
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 3,496
fifth degree. 3,497
Sec. 2929.01. As used in this chapter: 3,512
(A)(1) "Alternative residential facility" means, SUBJECT 3,515
89
TO DIVISION (A)(2) OF THIS SECTION, any facility other than an 3,516
offender's home or residence in which an offender is assigned to 3,517
live and that SATISFIES ALL OF THE FOLLOWING CRITERIA: 3,518
(a) IT provides programs through which the offender may 3,521
seek or maintain employment or may receive education, training, 3,522
treatment, or habilitation. "Alternative 3,523
(b) IT HAS RECEIVED THE APPROPRIATE LICENSE OR CERTIFICATE 3,526
FOR ANY SPECIALIZED EDUCATION, TRAINING, TREATMENT, HABILITATION, 3,527
OR OTHER SERVICE THAT IT PROVIDES FROM THE GOVERNMENT AGENCY THAT 3,528
IS RESPONSIBLE FOR LICENSING OR CERTIFYING THAT TYPE OF 3,529
EDUCATION, TRAINING, TREATMENT, HABILITATION, OR SERVICE. 3,530
(2) "ALTERNATIVE residential facility" does not include a 3,534
community-based correctional facility, jail, halfway house, or 3,535
prison.
(B) "Bad time" means the time by which the parole board 3,537
administratively extends an offender's stated prison term or 3,538
terms pursuant to section 2967.11 of the Revised Code because the 3,539
parole board finds by clear and convincing evidence that the 3,540
offender, while serving the prison term or terms, committed an 3,541
act that is a criminal offense under the law of this state or the 3,542
United States, whether or not the offender is prosecuted for the 3,544
commission of that act.
(C) "Basic supervision" means a requirement that the 3,547
offender maintain contact with a person appointed to supervise 3,549
the offender in accordance with sanctions imposed by the court or 3,550
imposed by the parole board pursuant to section 2967.28 of the 3,551
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 3,553
"unit dose" have the same meanings as in section 2925.01 of the 3,554
Revised Code.
(E) "Community-based correctional facility" means a 3,557
community-based correctional facility and program or district 3,558
community-based correctional facility and program developed 3,559
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 3,560
90
(F) "Community control sanction" means a sanction that is 3,563
not a prison term and that is described in section 2929.15, 3,564
2929.16, 2929.17, or 2929.18 of the Revised Code. 3,565
(G) "Criminally injurious conduct" means any conduct of 3,568
the type that is described in division (C)(1) or (2) of section 3,569
2743.51 of the Revised Code and that occurs on or after July 1, 3,570
1996.
(H) "Controlled substance," "marihuana," "schedule I," and 3,573
"schedule II" have the same meanings as in section 3719.01 of the 3,575
Revised Code.
(I) "Curfew" means a requirement that an offender during a 3,578
specified period of time be at a designated place. 3,579
(J) "Day reporting" means a sanction pursuant to which an 3,582
offender is required each day to report to and leave a center or 3,583
other approved reporting location at specified times in order to 3,584
participate in work, education or training, treatment, and other 3,585
approved programs at the center or outside the center. 3,586
(K) "Deadly weapon" has the same meaning as in section 3,589
2923.11 of the Revised Code. 3,590
(L) "Drug and alcohol use monitoring" means a program 3,593
under which an offender agrees to submit to random chemical 3,594
analysis of the offender's blood, breath, or urine to determine 3,595
whether the offender has ingested any alcohol or other drugs. 3,596
(M) "Drug treatment program" means any program under which 3,599
a person undergoes assessment and treatment designed to reduce or 3,601
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 3,602
which the person may be required to receive assessment and 3,604
treatment on an outpatient basis or may be required to reside at 3,605
a facility other than the person's home or residence while
undergoing assessment and treatment. 3,606
(N) "Economic loss" means any economic detriment suffered 3,609
by a victim as a result of criminally injurious conduct and 3,610
includes any loss of income due to lost time at work because of 3,611
91
any injury caused to the victim, and any property loss, medical 3,612
cost, or funeral expense incurred as a result of the criminally 3,613
injurious conduct.
(O) "Education or training" includes study at, or in 3,616
conjunction with a program offered by, a university, college, or 3,617
technical college or vocational study and also includes the 3,618
completion of primary school, secondary school, and literacy 3,619
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 3,622
meaning as in section 2929.23 of the Revised Code. 3,623
(Q) "Eligible offender" has the same meaning as in section 3,626
2929.23 of the Revised Code except as otherwise specified in 3,627
section 2929.20 of the Revised Code. 3,628
(R) "Firearm" has the same meaning as in section 2923.11 3,631
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 3,634
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 3,636
Revised Code as a suitable facility for the care and treatment of 3,637
adult offenders.
(T) "House arrest" means a period of confinement of an 3,639
eligible offender that is in the eligible offender's home or in 3,640
other premises specified by the sentencing court or by the parole 3,641
board pursuant to section 2967.28 of the Revised Code, that may 3,642
be electronically monitored house arrest, and during which all of 3,643
the following apply: 3,644
(1) The eligible offender is required to remain in the 3,646
eligible offender's home or other specified premises for the 3,648
specified period of confinement, except for periods of time 3,649
during which the eligible offender is at the eligible offender's 3,650
place of employment or at other premises as authorized by the 3,652
sentencing court or by the parole board.
(2) The eligible offender is required to report 3,655
periodically to a person designated by the court or parole board. 3,656
92
(3) The eligible offender is subject to any other 3,658
restrictions and requirements that may be imposed by the 3,659
sentencing court or by the parole board. 3,660
(U) "Intensive supervision" means a requirement that an 3,664
offender maintain frequent contact with a person appointed by the 3,665
court, or by the parole board pursuant to section 2967.28 of the 3,666
Revised Code, to supervise the offender while the offender is 3,667
seeking or maintaining necessary employment and participating in 3,668
training, education, and treatment programs as required in the 3,669
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 3,672
or other residential facility used for the confinement of alleged 3,673
or convicted offenders that is operated by a political 3,674
subdivision or a combination of political subdivisions of this 3,675
state.
(W) "Delinquent child" has the same meaning as in section 3,677
2151.02 of the Revised Code. 3,678
(X) "License violation report" means a report that is made 3,681
by a sentencing court, or by the parole board pursuant to section 3,682
2967.28 of the Revised Code, to the regulatory or licensing board 3,684
or agency that issued an offender a professional license or a 3,685
license or permit to do business in this state and that specifies 3,686
that the offender has been convicted of or pleaded guilty to an 3,687
offense that may violate the conditions under which the 3,688
offender's professional license or license or permit to do 3,689
business in this state was granted or an offense for which the 3,690
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 3,691
(Y) "Major drug offender" means an offender who is 3,694
convicted of or pleads guilty to the possession of, sale of, or 3,695
offer to sell any drug, compound, mixture, preparation, or 3,696
substance that consists of or contains at least one thousand 3,697
grams of hashish; at least one hundred grams of crack cocaine; at 3,698
least one thousand grams of cocaine that is not crack cocaine; at 3,699
93
least two hundred fifty grams of heroin; at least five thousand 3,700
unit doses of L.S.D.; or at least one hundred times the amount of 3,702
any other schedule I or II controlled substance other than 3,703
marihuana that is necessary to commit a felony of the third 3,704
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 3,705
2925.11 of the Revised Code that is based on the possession of, 3,706
sale of, or offer to sell the controlled substance. 3,707
(Z) "Mandatory prison term" means either ANY of the 3,709
following:
(1) Subject to division (CC)(Z)(2) of this section, the 3,712
term in prison that must be imposed for the offenses or 3,713
circumstances set forth in divisions (F)(1) to (8) OR (F)(10) of 3,715
section 2929.13 and division (D) of section 2929.14 of the 3,716
Revised Code. Except as provided in sections 2925.02, 2925.03, 3,718
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 3,719
maximum or another specific term is required under section 3,720
2929.14 of the Revised Code, a mandatory prison term described in 3,721
this division may be any prison term authorized for the level of 3,722
offense.
(2) The term of sixty days in prison that a sentencing 3,725
court is required to impose for a fourth degree felony OMVI 3,726
offense pursuant to division (G)(2) of section 2929.13 and 3,727
division (A)(4) of section 4511.99 of the Revised Code. 3,728
(2)(3) The term in prison imposed pursuant to section 3,730
2971.03 of the Revised Code FOR THE OFFENSES AND IN THE 3,731
CIRCUMSTANCES DESCRIBED IN DIVISION (F)(9) OF SECTION 2929.13 OF 3,732
THE REVISED CODE and that term as modified or terminated pursuant 3,733
to section 2971.05 of the Revised Code. 3,734
(AA) "Monitored time" means a period of time during which 3,737
an offender continues to be under the control of the sentencing 3,738
court or parole board, subject to no conditions other than 3,739
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 3,742
convicted of or pleads guilty to a felony or a misdemeanor. 3,743
94
(CC) "Prison" means a residential facility used for the 3,746
confinement of convicted felony offenders that is under the 3,747
control of the department of rehabilitation and correction BUT 3,748
DOES NOT INCLUDE A VIOLATION SANCTION CENTER OPERATED UNDER
AUTHORITY OF SECTION 2967.141 OF THE REVISED CODE. 3,749
(DD) "Prison term" includes any of the following sanctions 3,752
for an offender:
(1) A stated prison term; 3,754
(2) A term in a prison shortened by, or with the approval 3,757
of, the sentencing court pursuant to section 2929.20, 2967.26, 3,758
2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code; 3,759
(3) A term in prison extended by bad time imposed pursuant 3,762
to section 2967.11 of the Revised Code or imposed for a violation 3,763
of post-release control pursuant to section 2967.28 of the 3,764
Revised Code.
(EE) "Repeat violent offender" means a person about whom 3,767
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 3,770
to, and is being sentenced for committing, for complicity in 3,771
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 3,772
other than one set forth in Chapter 2925. of the Revised Code, a 3,776
felony of the first degree set forth in Chapter 2925. of the 3,778
Revised Code that involved an attempt to cause serious physical 3,780
harm to a person or that resulted in serious physical harm to a 3,781
person, or a felony of the second degree that involved an attempt 3,782
to cause serious physical harm to a person or that resulted in 3,784
serious physical harm to a person.
(2) Either of the following applies: 3,786
(a) The person previously was convicted of or pleaded 3,788
guilty to, and served a prison term for, any of the following: 3,789
(i) Aggravated murder, murder, involuntary manslaughter, 3,791
rape, felonious sexual penetration in violation of former section 3,792
2907.12 of the Revised Code AS IT EXISTED PRIOR TO SEPTEMBER 3, 3,794
95
1996, a felony of the first or second degree that resulted in the 3,795
death of a person or in physical harm to a person, or complicity 3,796
in or an attempt to commit any of those offenses; 3,797
(ii) An offense under an existing or former law of this 3,800
state, another state, or the United States that is or was 3,802
substantially equivalent to an offense listed under division 3,803
(EE)(2)(a)(i) of this section. 3,805
(b) The person previously was adjudicated a delinquent 3,807
child for committing an act that if committed by an adult would 3,808
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 3,810
this section, the person was committed to the department of youth 3,811
services for that delinquent act, and the juvenile court in which 3,812
the person was adjudicated a delinquent child made a specific 3,813
finding that the adjudication should be considered a conviction 3,815
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 3,816
(FF) "Sanction" means any penalty imposed upon an offender 3,819
who is convicted of or pleads guilty to an offense, as punishment 3,820
for the offense. "Sanction" includes any sanction imposed 3,821
pursuant to any provision of sections 2929.14 to 2929.18 of the 3,822
Revised Code.
(GG) "Sentence" means the sanction or combination of 3,825
sanctions imposed by the sentencing court on an offender who is 3,826
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 3,829
prison term, or combination of all prison terms and mandatory 3,830
prison terms imposed by the sentencing court pursuant to section 3,831
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 3,832
includes any credit received by the offender for time spent in 3,833
jail awaiting trial, sentencing, or transfer to prison for the 3,834
offense, AND any time spent under house arrest or electronically 3,835
monitored house arrest imposed after earning credits pursuant to 3,836
section 2967.193 of the Revised Code. 3,837
(II) "Victim-offender mediation" means a reconciliation or 3,840
96
mediation program that involves an offender and the victim of the 3,841
offense committed by the offender and that includes a meeting in 3,842
which the offender and the victim may discuss the offense, 3,843
discuss restitution, and consider other sanctions for the 3,844
offense.
(OO)(JJ) "Fourth degree felony OMVI offense" means a 3,847
violation of division (A) of section 4511.19 of the Revised Code 3,849
that, under section 4511.99 of the Revised Code, is a felony of 3,851
the fourth degree.
(PP)(KK) "Mandatory term of local incarceration" means the 3,854
term of sixty days in a jail, a community-based correctional 3,855
facility, a halfway house, or an alternative residential facility 3,856
that a sentencing court is required to impose upon a person who 3,857
is convicted of or pleads guilty to a fourth degree felony OMVI 3,858
offense pursuant to division (G)(1) of section 2929.13 of the 3,859
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 3,860
(OO)(LL) "Designated homicide, assault, or kidnapping 3,862
offense," "sexual motivation specification," "sexually violent 3,863
offense," "sexually violent predator," and "sexually violent 3,864
predator specification" have the same meanings as in section 3,865
2971.01 of the Revised Code.
(PP)(MM) "Habitual sex offender," "sexually oriented 3,867
offense," and "sexual predator" have the same meanings as in 3,868
section 2950.01 of the Revised Code. 3,869
Sec. 2929.13. (A) Except as provided in division (E), 3,884
(F), or (G) of this section and unless a specific sanction is 3,885
required to be imposed or is precluded from being imposed 3,886
pursuant to law, a court that imposes a sentence upon an offender 3,887
for a felony may impose any sanction or combination of sanctions 3,888
on the offender that are provided in sections 2929.14 to 2929.18 3,889
of the Revised Code. The sentence shall not impose an 3,890
unnecessary burden on state or local government resources. 3,891
If the offender is eligible to be sentenced to community 3,893
97
control sanctions, the court shall consider the appropriateness 3,895
of imposing a financial sanction pursuant to section 2929.18 of 3,896
the Revised Code or a sanction of community service pursuant to 3,898
section 2929.17 of the Revised Code as the sole sanction for the 3,899
offense. Except as otherwise provided in this division, if the 3,900
court is required to impose a mandatory prison term for the 3,901
offense for which sentence is being imposed, the court also may 3,902
impose a financial sanction pursuant to section 2929.18 of the 3,903
Revised Code but may not impose any additional sanction or 3,904
combination of sanctions under section 2929.16 or 2929.17 of the 3,905
Revised Code. 3,906
If the offender is being sentenced for a fourth degree 3,908
felony OMVI offense, in addition to the mandatory term of local 3,909
incarceration or the mandatory prison term required for the 3,911
offense by division (G)(1) or (2) of this section, the court 3,913
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 3,916
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 3,918
offender be sentenced to a mandatory term of local incarceration, 3,919
an additional community control sanction or combination of 3,921
community control sanctions under section 2929.16 or 2929.17 of 3,922
the Revised Code; 3,923
(2) If division (G)(2) of this section requires that the 3,925
offender be sentenced to a mandatory prison term, an additional 3,926
prison term as described in division (D)(4) of section 2929.14 of 3,927
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 3,930
(G) of this section, in sentencing an offender for a felony of 3,931
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 3,933
(a) In committing the offense, the offender caused 3,935
physical harm to a person. 3,936
(b) In committing the offense, the offender attempted to 3,939
98
cause or made an actual threat of physical harm to a person with 3,940
a deadly weapon.
(c) In committing the offense, the offender attempted to 3,943
cause or made an actual threat of physical harm to a person, and 3,944
the offender previously was convicted of an offense that caused 3,945
physical harm to a person.
(d) The offender held a public office or position of trust 3,948
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 3,949
or to bring those committing it to justice; or the offender's 3,950
professional reputation or position facilitated the offense or 3,951
was likely to influence the future conduct of others. 3,952
(e) The offender committed the offense for hire or as part 3,954
of an organized criminal activity. 3,955
(f) The offense is a sex offense that is a fourth or fifth 3,958
degree felony violation of section 2907.03, 2907.04, 2907.05, 3,959
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 3,960
Revised Code.
(g) The offender previously served a prison term. 3,962
(h) The offender previously was subject to a community 3,964
control sanction, and the offender committed another offense 3,966
while under the sanction.
(2)(a) If the court makes a finding described in division 3,969
(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section 3,970
and if the court, after considering the factors set forth in 3,971
section 2929.12 of the Revised Code, finds that a prison term is 3,973
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 3,975
offender is not amenable to an available community control 3,976
sanction, the court shall impose a prison term upon the offender. 3,977
(b) Except as provided in division (E), (F), or (G) of 3,979
this section, if the court does not make a finding described in 3,981
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 3,982
section and if the court, after considering the factors set forth 3,983
99
in section 2929.12 of the Revised Code, finds that a community 3,985
control sanction or combination of community control sanctions is 3,987
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 3,990
impose a community control sanction or combination of community 3,991
control sanctions upon the offender. 3,992
(C) Except as provided in division (E) or (F) of this 3,995
section, in determining whether to impose a prison term as a 3,996
sanction for a felony of the third degree or a felony drug 3,997
offense that is a violation of a provision of Chapter 2925. of 3,999
the Revised Code and that is specified as being subject to this 4,002
division for purposes of sentencing, the sentencing court shall 4,003
comply with the purposes and principles of sentencing under 4,004
section 2929.11 of the Revised Code and with section 2929.12 of 4,007
the Revised Code.
(D) Except as provided in division (E) or (F) of this 4,010
section, for a felony of the first or second degree and for a 4,011
felony drug offense that is a violation of any provision of 4,012
Chapter 2925., 3719., or 4729. of the Revised Code for which a 4,013
presumption in favor of a prison term is specified as being 4,014
applicable, it is presumed that a prison term is necessary in 4,015
order to comply with the purposes and principles of sentencing 4,016
under section 2929.11 of the Revised Code. Notwithstanding the 4,017
presumption established under this division, the sentencing court 4,018
may impose a community control sanction or a combination of 4,019
community control sanctions instead of a prison term on an 4,020
offender for a felony of the first or second degree or for a 4,021
felony drug offense that is a violation of any provision of 4,022
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 4,023
applicable if it makes both of the following findings: 4,025
(1) A community control sanction or a combination of 4,027
community control sanctions would adequately punish the offender 4,029
and protect the public from future crime, because the applicable 4,030
100
factors under section 2929.12 of the Revised Code indicating a 4,032
lesser likelihood of recidivism outweigh the applicable factors 4,034
under that section indicating a greater likelihood of recidivism. 4,036
(2) A community control sanction or a combination of 4,038
community control sanctions would not demean the seriousness of 4,040
the offense, because one or more factors under section 2929.12 of 4,041
the Revised Code that indicate that the offender's conduct was 4,042
less serious than conduct normally constituting the offense are 4,043
applicable, and they outweigh the applicable factors under that 4,044
section that indicate that the offender's conduct was more 4,045
serious than conduct normally constituting the offense. 4,046
(E)(1) Except as provided in division (F) of this section, 4,049
for any drug offense that is a violation of any provision of 4,050
Chapter 2925. of the Revised Code and that is a felony of the 4,051
third, fourth, or fifth degree, the applicability of a 4,052
presumption under division (D) of this section in favor of a 4,053
prison term or of division (B) or (C) of this section in 4,054
determining whether to impose a prison term for the offense shall 4,056
be determined as specified in section 2925.02, 2925.03, 2925.04, 4,057
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 4,058
2925.37 of the Revised Code, whichever is applicable regarding 4,060
the violation.
(2) If an offender who was convicted of or pleaded guilty 4,062
to a felony drug offense in violation of a provision of Chapter 4,063
2925., 3719., or 4729. of the Revised Code violates the 4,064
conditions of a community control sanction imposed for the 4,065
offense solely by possession or using a controlled substance and 4,066
if the offender has not failed to meet the conditions of any drug 4,067
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 4,068
punishment for the violation of the sanction, shall order that 4,069
the offender participate in a drug treatment program or in 4,070
alcoholics anonymous, narcotics anonymous, or a similar program 4,071
if the court determines that an order of that nature is
101
consistent with the purposes and principles of sentencing set 4,072
forth in section 2929.11 of the Revised Code. If the court 4,073
determines that an order of that nature would not be consistent 4,074
with those purposes and principles or if the offender violated 4,075
the conditions of a drug treatment program in which the offender 4,076
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 4,077
sanction, including a prison term. 4,078
(F) Notwithstanding divisions (A) to (E) of this section, 4,081
the court shall impose a prison term or terms under sections 4,082
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 4,083
Revised Code and except as specifically provided in section 4,084
2929.20 of the Revised Code or when parole is authorized for the 4,085
offense under section 2967.13 of the Revised Code, shall not 4,086
reduce the terms pursuant to section 2929.20, section 2967.193, 4,087
or any other provision of Chapter 2967. or Chapter 5120. of the 4,089
Revised Code for any of the following offenses: 4,090
(1) Aggravated murder when death is not imposed or murder; 4,092
(2) Rape or an attempt to commit rape by force when the 4,094
victim is under thirteen years of age; 4,095
(3) Gross sexual imposition or sexual battery, if the 4,097
victim is under thirteen years of age, if the offender previously 4,099
was convicted of or pleaded guilty to rape, felonious sexual 4,100
penetration, gross sexual imposition, or sexual battery, and if 4,102
the victim of the previous offense was under thirteen years of
age;
(4) A felony violation of section 2903.06, 2903.07, or 4,105
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 4,106
(5) A first, second, or third degree felony drug offense 4,109
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 4,110
4729.99 of the Revised Code, whichever is applicable regarding 4,112
the violation, requires the imposition of a mandatory prison 4,113
102
term;
(6) Any offense that is a first or second degree felony 4,115
and that is not set forth in division (F)(1), (2), (3), or (4) of 4,117
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 4,119
degree felony, or an offense under an existing or former law of 4,120
this state, another state, or the United States that is or was 4,121
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 4,123
of the Revised Code, that is a felony, if the offender had a 4,124
firearm on or about the offender's person or under the offender's 4,125
control while committing the felony, with respect to a portion of 4,126
the sentence imposed pursuant to division (D)(1)(a) of section 4,128
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 4,130
the Revised Code when the most serious offense in the pattern of 4,132
corrupt activity that is the basis of the offense is a felony of 4,133
the first degree;
(9) Any sexually violent offense for which the offender 4,135
also is convicted of or pleads guilty to a sexually violent 4,136
predator specification that was included in the indictment, count 4,137
in the indictment, or information charging the sexually violent 4,138
offense;
(10) A VIOLATION OF DIVISION (A)(1) OR (2) OF SECTION 4,140
2921.36 OF THE REVISED CODE, OR A VIOLATION OF DIVISION (C) OF 4,141
THAT SECTION INVOLVING AN ITEM LISTED IN DIVISION (A)(1) OR (2) 4,142
OF THAT SECTION, IF THE OFFENDER IS AN OFFICER OR EMPLOYEE OF THE 4,143
DEPARTMENT OF REHABILITATION AND CORRECTION. 4,144
(G) Notwithstanding divisions (A) to (E) of this section, 4,147
if an offender is being sentenced for a fourth degree felony OMVI 4,148
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 4,149
accordance with the following: 4,150
(1) Except as provided in division (G)(2) of this section, 4,152
103
the court shall impose upon the offender a mandatory term of 4,153
local incarceration of sixty days as specified in division (A)(4) 4,154
of section 4511.99 of the Revised Code and shall not reduce the 4,155
term pursuant to section 2929.20, 2967.193, or any other 4,156
provision of the Revised Code. The court that imposes a 4,157
mandatory term of local incarceration under this division shall 4,159
specify whether the term is to be served in a jail, a 4,160
community-based correctional facility, a halfway house, or an 4,161
alternative residential facility, and the offender shall serve 4,162
the term in the type of facility specified by the court. The 4,163
court shall not sentence the offender to a prison term and shall 4,164
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 4,165
incarceration imposed under division (G)(1) of this section is 4,166
not subject to extension under section 2967.11 of the Revised 4,167
Code, to a period of post-release control under section 2967.28 4,168
of the Revised Code, or to any other Revised Code provision that 4,169
pertains to a prison term.
(2) If the offender previously has been sentenced to a 4,171
mandatory term of local incarceration pursuant to division (G)(1) 4,172
of this section for a fourth degree felony OMVI offense, the 4,173
court shall impose upon the offender a mandatory prison term of 4,174
sixty days as specified in division (A)(4) of section 4511.99 of 4,175
the Revised Code and shall not reduce the term pursuant to 4,176
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 4,177
to a mandatory term of local incarceration pursuant to division 4,178
(G)(1) of this section for a fourth degree felony OMVI offense be 4,179
sentenced to another mandatory term of local incarceration under 4,180
that division for a fourth degree felony OMVI offense. The court 4,181
shall not sentence the offender to a community control sanction 4,182
under section 2929.16 or 2929.17 of the Revised Code. The 4,183
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 4,184
104
intensive program prison established pursuant to section 5120.033 4,185
of the Revised Code if the department gave the sentencing judge 4,186
prior notice of its intent to place the offender in an intensive 4,187
program prison established under that section and if the judge 4,188
did not notify the department that the judge disapproved the 4,189
placement.
(G)(H) If an offender is being sentenced for a sexually 4,192
oriented offense committed on or after the effective date of this 4,193
amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of 4,194
the Revised Code if either of the following applies: 4,196
(1) The offense was a sexually violent offense, and the 4,198
offender also was convicted of or pleaded guilty to a sexually 4,199
violent predator specification that was included in the 4,200
indictment, count in the indictment, or information charging the 4,201
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 4,203
offense determines pursuant to division (B) of section 2950.09 of 4,204
the Revised Code that the offender is a sexual predator. 4,205
(H)(I) If an offender is being sentenced for a sexually 4,208
oriented offense committed on or after the effective date of this 4,209
amendment, the judge shall include in the sentence a summary of
the offender's duty to register pursuant to section 2950.04 of 4,210
the Revised Code, the offender's duty to provide notice of a 4,211
change in residence address and register the new residence 4,212
address pursuant to section 2950.05 of the Revised Code, the 4,213
offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised 4,214
Code, and the duration of the duties. The judge shall inform the 4,215
offender, at the time of sentencing, of those duties and of their 4,216
duration and, if required under division (A)(2) of section 4,217
2950.03 of the Revised Code, shall perform the duties specified 4,218
in that section. 4,219
Sec. 2929.14. (A) Except as provided in division (C), 4,238
105
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 4,239
relation to an offense for which a sentence of death or life 4,240
imprisonment is to be imposed, if the court imposing a sentence 4,241
upon an offender for a felony elects or is required to impose a 4,242
prison term on the offender pursuant to this chapter and is not 4,243
prohibited by division (G)(1) of section 2929.13 of the Revised 4,244
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 4,246
(1) For a felony of the first degree, the prison term 4,248
shall be three, four, five, six, seven, eight, nine, or ten 4,249
years. 4,250
(2) For a felony of the second degree, the prison term 4,252
shall be two, three, four, five, six, seven, or eight years. 4,253
(3) For a felony of the third degree, the prison term 4,255
shall be one, two, three, four, or five years. 4,256
(4) For a felony of the fourth degree, the prison term 4,258
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 4,259
fourteen, fifteen, sixteen, seventeen, or eighteen months. 4,260
(5) For a felony of the fifth degree, the prison term 4,262
shall be six, seven, eight, nine, ten, eleven, or twelve months. 4,264
(B) Except as provided in division (C), (D)(2), (D)(3), or 4,267
(G) of this section or in Chapter 2925. of the Revised Code, if 4,268
the court imposing a sentence upon an offender for a felony 4,269
elects or is required to impose a prison term on the offender and 4,270
if the offender previously has not served a prison term, the 4,271
court shall impose the shortest prison term authorized for the 4,272
offense pursuant to division (A) of this section, unless the 4,273
court finds on the record that the shortest prison term will 4,274
demean the seriousness of the offender's conduct or will not 4,275
adequately protect the public from future crime by the offender 4,276
or others. 4,277
(C) Except as provided in division (G) of this section or 4,279
in Chapter 2925. of the Revised Code, the court imposing a 4,280
sentence upon an offender for a felony may impose the longest 4,281
106
prison term authorized for the offense pursuant to division (A) 4,282
of this section only upon offenders who committed the worst forms 4,283
of the offense, upon offenders who pose the greatest likelihood 4,284
of committing future crimes, upon certain major drug offenders 4,285
under division (D)(3) of this section, and upon certain repeat 4,286
violent offenders in accordance with division (D)(2) of this 4,288
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 4,290
this section, if an offender who is convicted of or pleads guilty 4,291
to a felony also is convicted of or pleads guilty to a 4,292
specification of the type described in section 2941.144 of the 4,293
Revised Code that charges the offender with having a firearm that 4,295
is an automatic firearm or that was equipped with a firearm 4,296
muffler or silencer on or about the offender's person or under 4,298
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 4,299
Revised Code that charges the offender with having a firearm on 4,300
or about the offender's person or under the offender's control 4,301
while committing the offense and displaying the firearm, 4,303
brandishing the firearm, indicating that the offender possessed 4,304
the firearm, or using it to facilitate the offense, or a 4,306
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 4,308
or about the offender's person or under the offender's control 4,309
while committing the felony, the court, after imposing a prison 4,310
term on the offender for the felony under division (A), (D)(2), 4,312
or (D)(3) of this section, shall impose an additional prison 4,313
term, determined pursuant to this division, that shall not be 4,314
reduced pursuant to section 2929.20, section 2967.193, or any 4,315
other provision of Chapter 2967. or Chapter 5120. of the Revised 4,316
Code. If the specification is of the type described in section 4,318
2941.144 of the Revised Code, the additional prison term shall be 4,319
six years. If the specification is of the type described in 4,321
section 2941.145 of the Revised Code, the additional prison term 4,323
107
shall be three years. If the specification is of the type 4,324
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 4,326
than one additional prison term on an offender under this 4,327
division for felonies committed as part of the same act or 4,328
transaction. If a court imposes an additional prison term under 4,329
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 4,330
division.
(ii) Except as provided in division (D)(1)(b) of this 4,333
section, if an offender who is convicted of or pleads guilty to a 4,334
violation of section 2923.161 of the Revised Code or to a felony 4,336
that includes, as an essential element, purposely or knowingly 4,337
causing or attempting to cause the death of or physical harm to 4,338
another, also is convicted of or pleads guilty to a specification 4,339
of the type described in section 2941.146 of the Revised Code 4,342
that charges the offender with committing the offense by 4,343
discharging a firearm from a motor vehicle, as defined in section 4,344
4501.01 of the Revised Code, other than a manufactured home, as 4,347
defined in section 4501.01 of the Revised Code, the court, after 4,349
imposing a prison term on the offender for the violation of 4,350
section 2923.161 of the Revised Code or for the other felony 4,352
offense under division (A), (D)(2), or (D)(3) of this section, 4,353
shall impose an additional prison term of five years upon the 4,354
offender that shall not be reduced pursuant to section 2929.20, 4,355
section 2967.193, or any other provision of Chapter 2967. or 4,356
Chapter 5120. of the Revised Code. A court shall not impose more 4,358
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 4,360
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 4,361
also shall impose an additional prison term under division 4,362
(D)(1)(a)(i) of this section relative to the same offense, 4,363
provided the criteria specified in that division for imposing an 4,364
108
additional prison term are satisfied relative to the offender and 4,365
the offense.
(b) The court shall not impose any of the additional 4,367
prison terms described in division (D)(1)(a) of this section upon 4,370
an offender for a violation of section 2923.12 of the Revised 4,371
Code. The court shall not impose any of the additional prison 4,372
terms described in that division upon an offender for a violation 4,373
of section 2923.13 of the Revised Code unless all of the 4,374
following apply:
(i) The offender previously has been convicted of 4,377
aggravated murder, murder, or any felony of the first or second 4,378
degree.
(ii) Less than five years have passed since the offender 4,381
was released from prison or post-release control, whichever is 4,382
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 4,385
to a felony also is convicted of or pleads guilty to a 4,386
specification of the type described in section 2941.149 of the 4,387
Revised Code that the offender is a repeat violent offender, the 4,389
court shall impose a prison term from the range of terms 4,390
authorized for the offense under division (A) of this section 4,391
that may be the longest term in the range and that shall not be 4,392
reduced pursuant to section 2929.20, section 2967.193, or any 4,394
other provision of Chapter 2967. or Chapter 5120. of the Revised 4,395
Code. If the court finds that the repeat violent offender, in 4,397
committing the offense, caused any physical harm that carried a 4,398
substantial risk of death to a person or that involved 4,399
substantial permanent incapacity or substantial permanent 4,400
disfigurement of a person, the court shall impose the longest 4,401
prison term from the range of terms authorized for the offense 4,403
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 4,406
violent offender imposes the longest prison term from the range 4,407
of terms authorized for the offense under division (A) of this 4,408
109
section, the court may impose on the offender an additional 4,409
definite prison term of one, two, three, four, five, six, seven, 4,410
eight, nine, or ten years if the court finds that both of the 4,411
following apply with respect to the prison terms imposed on the 4,412
offender pursuant to division (D)(2)(a) of this section and, if 4,413
applicable, divisions (D)(1) and (3) of this section: 4,414
(i) The terms so imposed are inadequate to punish the 4,417
offender and protect the public from future crime, because the 4,418
applicable factors under section 2929.12 of the Revised Code 4,421
indicating a greater likelihood of recidivism outweigh the 4,423
applicable factors under that section indicating a lesser
likelihood of recidivism. 4,424
(ii) The terms so imposed are demeaning to the seriousness 4,427
of the offense, because one or more of the factors under section 4,428
2929.12 of the Revised Code indicating that the offender's 4,429
conduct is more serious than conduct normally constituting the 4,430
offense are present, and they outweigh the applicable factors 4,431
under that section indicating that the offender's conduct is less 4,433
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 4,436
section 2903.01 or 2907.02 of the Revised Code and the penalty 4,437
imposed for the violation is life imprisonment or commits a 4,438
violation of section 2903.02 of the Revised Code, if the offender 4,439
commits a violation of section 2925.03, 2925.04, or 2925.11 of 4,440
the Revised Code and that section requires the imposition of a 4,442
ten-year prison term on the offender or if a court imposing a 4,443
sentence upon an offender for a felony finds that the offender is 4,444
guilty of a specification of the type described in section 4,445
2941.1410 of the Revised Code, that the offender is a major drug 4,446
offender, is guilty of corrupt activity with the most serious 4,447
offense in the pattern of corrupt activity being a felony of the 4,448
first degree, or is guilty of an attempted forcible violation of 4,449
section 2907.02 of the Revised Code with the victim being under 4,450
thirteen years of age and that attempted violation is the felony 4,451
110
for which sentence is being imposed, the court shall impose upon 4,452
the offender for the felony violation a ten-year prison term that 4,453
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 4,455
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 4,458
division (D)(3)(a) of this section may impose an additional 4,459
prison term of one, two, three, four, five, six, seven, eight, 4,460
nine, or ten years, if the court, with respect to the term 4,461
imposed under division (D)(3)(a) of this section and, if 4,462
applicable, divisions (D)(1) and (2) of this section, makes both 4,464
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 4,465
this section.
(4) If the offender is being sentenced for a fourth degree 4,467
felony OMVI offense and if division (G)(2) of section 2929.13 of 4,469
the Revised Code requires the sentencing court to impose upon the 4,470
offender a mandatory prison term, the sentencing court shall 4,471
impose upon the offender a mandatory prison term in accordance 4,472
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 4,473
prison term of any duration specified in division (A)(4) of this 4,474
section minus the sixty days imposed upon the offender as the 4,475
mandatory prison term. The total of the additional prison term 4,476
imposed under division (D)(4) of this section plus the sixty days 4,477
imposed as the mandatory prison term shall equal one of the 4,478
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 4,479
division (D)(4) of this section, the offender shall serve the 4,480
additional prison term after the offender has served the 4,481
mandatory prison term required for the offense. The court shall 4,482
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 4,483
(E)(1) If a mandatory prison term is imposed upon an 4,486
offender pursuant to division (D)(1)(a) of this section for 4,487
having a firearm on or about the offender's person or under the
111
offender's control while committing a felony or if a mandatory 4,489
prison term is imposed upon an offender pursuant to division 4,490
(D)(1)(b) of this section for committing a felony specified in 4,491
that division by discharging a firearm from a motor vehicle, the 4,492
offender shall serve the mandatory prison term consecutively to 4,493
and prior to the prison term imposed for the underlying felony 4,494
pursuant to division (A), (D)(2), or (D)(3) of this section or 4,495
any other section of the Revised Code and consecutively to any 4,496
other prison term or mandatory prison term previously or 4,498
subsequently imposed upon the offender. 4,499
(2) If an offender who is an inmate in a jail, prison, or 4,502
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 4,504
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 4,505
offender who is an inmate in a jail, prison, or other residential 4,506
detention facility or is under detention at a detention facility 4,507
commits another felony while the offender is an escapee in 4,509
violation of section 2921.34 of the Revised Code, any prison term 4,511
imposed upon the offender for one of those violations shall be 4,512
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 4,514
committed that offense and to any other prison term previously or 4,515
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 4,516
meanings as in section 2921.01 of the Revised Code. 4,517
(3) If a prison term is imposed for a violation of 4,519
division (B) of section 2911.01 of the Revised Code, the offender 4,520
shall serve that prison term consecutively to any other prison 4,521
term.
(4) If multiple prison terms are imposed on an offender 4,523
for convictions of multiple offenses, the court may require the 4,524
offender to serve the prison terms consecutively if the court 4,525
finds that the consecutive service is necessary to protect the 4,526
112
public from future crime or to punish the offender and that 4,527
consecutive sentences are not disproportionate to the seriousness 4,528
of the offender's conduct and to the danger the offender poses to 4,530
the public, and if the court also finds any of the following: 4,531
(a) The offender committed the multiple offenses while the 4,534
offender was awaiting trial or sentencing, was under a sanction 4,535
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 4,536
Revised Code, or was under post-release control for a prior 4,537
offense.
(b) The harm caused by the multiple offenses was so great 4,540
or unusual that no single prison term for any of the offenses 4,541
committed as part of a single course of conduct adequately 4,542
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 4,544
demonstrates that consecutive sentences are necessary to protect 4,545
the public from future crime by the offender. 4,546
(5) When consecutive prison terms are imposed pursuant to 4,549
division (E)(1), (2), (3), or (4) of this section, the term to be 4,550
served is the aggregate of all of the terms so imposed.
(F) If a court imposes a prison term of a type described 4,553
in division (B) of section 2967.28 of the Revised Code, it shall 4,554
include in the sentence a requirement that the offender be 4,555
subject to a period of post-release control after the offender's 4,556
release from imprisonment, in accordance with that division. If 4,557
a court imposes a prison term of a type described in division (C) 4,558
of that section, it shall include in the sentence a requirement 4,559
that the offender be subject to a period of post-release control 4,560
after the offender's release from imprisonment, in accordance 4,561
with that division, if the parole board determines that a period 4,562
of post-release control is necessary. 4,563
(G) If a person is convicted of or pleads guilty to a 4,565
sexually violent offense and also is convicted of or pleads 4,566
guilty to a sexually violent predator specification that was 4,567
included in the indictment, count in the indictment, or 4,568
113
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 4,569
the Revised Code, and Chapter 2971. of the Revised Code applies 4,570
regarding the prison term or term of life imprisonment without 4,571
parole imposed upon the offender and the service of that term of 4,572
imprisonment.
(H) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 4,573
GUILTY TO A FELONY IS SENTENCED TO A PRISON TERM OR TERM OF 4,574
IMPRISONMENT UNDER THIS SECTION, SECTIONS 2929.02 TO 2929.06 OF 4,575
THE REVISED CODE, SECTION 2971.03 OF THE REVISED CODE, OR ANY 4,576
OTHER PROVISION OF LAW, SECTION 5120.163 OF THE REVISED CODE 4,577
APPLIES REGARDING THE PERSON WHILE THE PERSON IS CONFINED IN A 4,578
STATE CORRECTIONAL INSTITUTION. 4,579
Sec. 2929.16. (A) The court imposing a sentence for a 4,590
felony upon an offender who is not required to serve a mandatory 4,591
prison term may impose any community residential sanction or 4,592
combination of community residential sanctions under this 4,593
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 4,595
mandatory term of local incarceration pursuant to division (G)(1) 4,596
of section 2929.13 of the Revised Code may impose upon the
offender, in addition to the mandatory term of local 4,598
incarceration, a community residential sanction or combination of 4,599
community residential sanctions under this section, and the 4,600
offender shall serve or satisfy the sanction or combination of 4,601
sanctions after the offender has served the mandatory term of 4,602
local incarceration required for the offense. Community 4,603
residential sanctions include, but are not limited to, the
following: 4,604
(1) A term of up to six months at a community-based 4,606
correctional facility that serves the county; 4,607
(2) Except as otherwise provided in division (A)(3) of 4,609
this section AND SUBJECT TO DIVISION (D) OF THIS SECTION, a term 4,611
of up to six months in a jail, provided that the court shall not 4,612
114
impose a sanction under this section that consists of a term in a 4,613
minimum security jail for a felony of the fourth or fifth degree 4,614
that is an offense of violence; 4,615
(3) If the offender is convicted of a fourth degree felony 4,617
OMVI offense and is sentenced pursuant to division (G)(1) of 4,618
section 2929.13 of the Revised Code, SUBJECT TO DIVISION (D) OF 4,619
THIS SECTION, a term of up to one year in a jail less the 4,620
mandatory term of local incarceration of sixty consecutive days 4,622
of imprisonment imposed pursuant to that division; 4,623
(4) A term in a halfway house; 4,625
(5) A term in an alternative residential facility. 4,627
(B) The court that assigns any offender convicted of a 4,630
felony to a residential sanction under this section may authorize 4,631
the offender to be released so that the offender may seek or 4,632
maintain employment, receive education or training, or receive 4,633
treatment. A release pursuant to this division shall be only for 4,634
the duration of time that is needed to fulfill the purpose of the 4,635
release and for travel that reasonably is necessary to fulfill 4,636
the purposes of the release.
(C) If the court assigns an offender to a county jail that 4,639
is not a minimum security misdemeanant jail in a county that has 4,640
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 4,641
the sentence, whether the sheriff of that county may consider the 4,642
offender for participation in the county jail industry program. 4,644
During the offender's term in the county jail, the court shall 4,645
retain jurisdiction to modify its specification upon a 4,646
reassessment of the offender's qualifications for participation
in the program. 4,647
(D) IF A COURT SENTENCES AN OFFENDER TO A TERM IN JAIL 4,650
UNDER DIVISION (A)(2) OR (3) OF THIS SECTION AND IF THE SENTENCE 4,652
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 4,653
THAT THE OFFENDER SERVE THE TERM IN A MINIMUM SECURITY JAIL 4,654
115
ESTABLISHED UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE. 4,655
IF THE COURT INCLUDES A SPECIFICATION OF THAT TYPE IN THE 4,657
SENTENCE AND IF THE ADMINISTRATOR OF THE APPROPRIATE MINIMUM 4,658
SECURITY JAIL OR THE DESIGNEE OF THAT ADMINISTRATOR CLASSIFIES 4,659
THE OFFENDER IN ACCORDANCE WITH SECTION 341.34 OR 753.21 OF THE 4,660
REVISED CODE AS A MINIMAL SECURITY RISK, THE OFFENDER SHALL SERVE 4,661
THE TERM IN THE MINIMUM SECURITY JAIL ESTABLISHED UNDER SECTION 4,662
341.34 OR 753.21 OF THE REVISED CODE. ABSENT A SPECIFICATION OF 4,664
THAT TYPE AND A FINDING OF THAT TYPE, THE OFFENDER SHALL SERVE 4,665
THE TERM IN A JAIL OTHER THAN A MINIMUM SECURITY JAIL ESTABLISHED
UNDER SECTION 341.34 OR 753.21 OF THE REVISED CODE. 4,666
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 4,668
GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL 4,669
SANCTION AS DESCRIBED IN DIVISION (A) OF THIS SECTION, AT THE 4,670
TIME OF RECEPTION AND AT OTHER TIMES THE PERSON IN CHARGE OF THE 4,671
OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, 4,672
HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE 4,673
AT WHICH THE OFFENDER WILL SERVE THE RESIDENTIAL SANCTION
DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF THE 4,674
OPERATION OF THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, 4,675
HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE 4,676
MAY CAUSE THE CONVICTED OFFENDER TO BE EXAMINED AND TESTED FOR 4,677
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED 4,678
TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES. THE 4,680
PERSON IN CHARGE OF THE OPERATION OF THE COMMUNITY-BASED 4,681
CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE, ALTERNATIVE
RESIDENTIAL FACILITY, OR OTHER PLACE AT WHICH THE OFFENDER WILL 4,682
SERVE THE RESIDENTIAL SANCTION MAY CAUSE A CONVICTED OFFENDER IN 4,683
THE COMMUNITY-BASED CORRECTIONAL FACILITY, JAIL, HALFWAY HOUSE, 4,684
ALTERNATIVE RESIDENTIAL FACILITY, OR OTHER PLACE WHO REFUSES TO 4,685
BE TESTED OR TREATED FOR TUBERCULOSIS, HIV INFECTION, HEPATITIS, 4,686
INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, OR ANOTHER 4,687
CONTAGIOUS DISEASE TO BE TESTED AND TREATED INVOLUNTARILY. 4,689
Sec. 2929.23. (A) As used in this section: 4,698
116
(1) "Electronic monitoring device" means either of the 4,700
following: 4,701
(a) Any device that can be operated by electrical or 4,703
battery power and that conforms with all of the following: 4,704
(i) The device has a transmitter that can be attached to a 4,706
person, that will transmit a specified signal to a receiver of 4,707
the type described in division (A)(1)(a)(ii) of this section if 4,708
the transmitter is removed from the person, turned off, or 4,709
altered in any manner without prior court approval in relation to 4,710
electronically monitored house arrest or electronically monitored 4,711
house detention or without prior approval of the department of 4,712
rehabilitation and correction in relation to electronically 4,713
monitored early release THE USE OF AN ELECTRONIC MONITORING 4,714
DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL or otherwise is 4,715
tampered with, that can transmit continuously and periodically a 4,716
signal to that receiver when the person is within a specified 4,717
distance from the receiver, and that can transmit an appropriate 4,718
signal to that receiver if the person to whom it is attached 4,719
travels a specified distance from that receiver. 4,720
(ii) The device has a receiver that can receive 4,722
continuously the signals transmitted by a transmitter of the type 4,723
described in division (A)(1)(a)(i) of this section, can transmit 4,724
continuously those signals by telephone to a central monitoring 4,725
computer of the type described in division (A)(1)(a)(iii) of this 4,726
section, and can transmit continuously an appropriate signal to 4,727
that central monitoring computer if the receiver is turned off or 4,728
altered without prior court approval or otherwise tampered with. 4,729
(iii) The device has a central monitoring computer that 4,731
can receive continuously the signals transmitted by telephone by 4,732
a receiver of the type described in division (A)(1)(a)(ii) of 4,733
this section and can monitor continuously the person to whom an 4,734
electronic monitoring device of the type described in division 4,735
(A)(1)(a) of this section is attached. 4,736
(b) Any device that is not a device of the type described 4,738
117
in division (A)(1)(a) of this section and that conforms with all 4,739
of the following: 4,740
(i) The device includes a transmitter and receiver that 4,742
can monitor and determine the location of a subject person at any 4,743
time, or at a designated point in time, through the use of a 4,744
central monitoring computer or through other electronic means; 4,745
(ii) The device includes a transmitter and receiver that 4,747
can determine at any time, or at a designated point in time, 4,748
through the use of a central monitoring computer or other 4,749
electronic means the fact that the transmitter is turned off or 4,750
altered in any manner without prior approval of the court in 4,751
relation to electronically monitored house arrest or 4,752
electronically monitored house detention or without prior 4,753
approval of the department of rehabilitation and correction in 4,754
relation to electronically monitored early release THE USE OF AN 4,755
ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL 4,756
CONTROL or otherwise is tampered with. 4,758
(2) "Certified electronic monitoring device" means an 4,760
electronic monitoring device that has been certified by the 4,761
superintendent of the bureau of criminal identification and 4,762
investigation pursuant to division (C)(1) of this section. 4,763
(3) "Eligible offender" means a person who has been 4,765
convicted of or pleaded guilty to any offense, except that a 4,766
person is not an "eligible offender" if any of the following 4,768
apply in relation to the person, the offense, or the person and 4,769
the offense: 4,770
(a) The person is subject to or is serving a term of life 4,772
imprisonment.
(b) The person is subject to or is serving a mandatory 4,774
prison term imposed under division (F) of section 2929.13, 4,775
division (D) of section 2929.14, or any other section of the 4,776
Revised Code, provided that, after the person has served all of 4,777
the mandatory prison terms so imposed, the person may be an 4,778
eligible offender unless excluded by division (A)(3)(a), (c) or 4,779
118
(d) of this section. 4,780
(c) The offense is a violation of division (A) of section 4,783
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 4,784
the Revised Code and is serving the mandatory term of local 4,786
incarceration of sixty consecutive days of imprisonment imposed 4,787
under that division, provided that, after the person has served 4,788
all of the mandatory term of local incarceration so imposed, the
person may be an eligible offender unless excluded by division 4,789
(A)(3)(a), (b), or (d) of this section. 4,791
(d) The offense is a violation of division (A) of section 4,794
4511.19 of the Revised Code, and the person is sentenced for that 4,795
offense pursuant to division (G)(2) of section 2929.13 of the 4,796
Revised Code. 4,797
(4) "Electronically monitored house arrest" means a period 4,799
of confinement of an eligible offender in the eligible offender's 4,801
home or in other premises specified by the sentencing court, 4,802
during which period of confinement all of the following apply: 4,803
(a) The eligible offender wears, otherwise has attached to 4,805
the eligible offender's person, or otherwise is subject to 4,806
monitoring by a certified electronic monitoring device, or the 4,808
eligible offender is subject to monitoring by a certified 4,810
electronic monitoring system;
(b) The eligible offender is required to remain in the 4,812
eligible offender's home or other premises specified by the 4,813
sentencing court for the specified period of confinement, except 4,814
for periods of time during which the eligible offender is at the 4,816
eligible offender's place of employment or at other premises as 4,817
authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a 4,819
central system that monitors the certified electronic monitoring 4,820
device that is attached to the eligible offender's person or that 4,822
otherwise is being used to monitor the eligible offender and that 4,823
can monitor and determine the eligible offender's location at any 4,825
119
time or at a designated point in time, or the eligible offender 4,826
is required to participate in monitoring by a certified 4,827
electronic monitoring system; 4,828
(d) The eligible offender is required by the sentencing 4,830
court to report periodically to a person designated by the court; 4,831
(e) The eligible offender is subject to any other 4,833
restrictions and requirements that may be imposed by the 4,834
sentencing court. 4,835
(5) "Electronic monitoring system" means a system by which 4,837
the location of an eligible offender can be verified 4,838
telephonically through the use of voice-activated voice response 4,839
technology that conforms with all of the following: 4,840
(a) It can be programmed to call the telephone or 4,842
telephones assigned to the eligible offender who is the subject 4,844
of the monitoring as often as necessary; 4,845
(b) It is equipped with a voice recognition system that 4,847
can work accurately and reliably under the anticipated conditions 4,848
in which it will operate; 4,849
(c) It is equipped to perform an alarm function if the 4,851
eligible offender who is the subject of monitoring does not 4,853
respond to system commands in the manner required. 4,854
(6) "Certified electronic monitoring system" means an 4,856
electronic monitoring system that has been certified by the 4,857
superintendent of the bureau of criminal identification and 4,858
investigation pursuant to division (C)(1) of this section. 4,859
(7) "Electronically monitored house detention" has the 4,861
same meaning as in section 2151.355 of the Revised Code. 4,862
(8) "Electronically monitored early release" has the same 4,864
meaning as in section 5120.071 of the Revised Code TRANSITIONAL 4,865
CONTROL" MEANS THE PROGRAM OF TRANSITIONAL CONTROL ESTABLISHED BY 4,866
THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 4,867
2967.26 OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A 4,868
PROGRAM OF THAT NATURE UNDER THAT SECTION.
(B)(1) Any court may impose as a sanction pursuant to 4,870
120
sections 2929.15 and 2929.17 of the Revised Code a period of 4,871
electronically monitored house arrest upon an eligible offender 4,872
who is convicted of or pleads guilty to a felony, except that the 4,873
total of any period of electronically monitored house arrest 4,874
imposed upon that eligible offender plus the period of all other 4,875
sanctions imposed upon the same eligible offender pursuant to 4,876
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 4,877
Code shall not exceed five years. Any court may impose a period 4,878
of electronically monitored house arrest upon an eligible 4,879
offender who is convicted of or pleads guilty to a misdemeanor in 4,880
addition to or in lieu of any other sentence imposed or 4,881
authorized for the offense, except that the total of any period 4,882
of electronically monitored house arrest imposed upon that 4,883
eligible offender plus the period of any sentence of imprisonment 4,884
imposed upon the same eligible offender shall not exceed the 4,885
maximum term of imprisonment that could be imposed upon the 4,886
eligible offender pursuant to section 2929.21 of the Revised Code 4,887
and except that, if the offense for which an eligible offender is 4,888
being sentenced is a violation of division (A) of section 4511.19 4,889
or of division (D)(2) of section 4507.02 of the Revised Code, the 4,890
court may impose a period of electronically monitored house 4,891
arrest upon the eligible offender only when authorized by and 4,892
only in the circumstances described in division (A) of section 4,893
4511.99 or division (B) of section 4507.99 of the Revised Code. 4,894
If a court imposes a period of electronically monitored 4,896
house arrest upon an eligible offender, it shall require the 4,897
eligible offender to wear, otherwise have attached to the 4,898
eligible offender's person, or otherwise be subject to monitoring 4,900
by a certified electronic monitoring device or to participate in 4,901
the operation of and monitoring by a certified electronic 4,902
monitoring system; to remain in the eligible offender's home or 4,903
other specified premises for the entire period of electronically 4,905
monitored house arrest except when the court permits the eligible 4,906
offender to leave those premises to go to the eligible offender's 4,907
121
place of employment or to other specified premises; to be 4,908
monitored by a central system that monitors the certified 4,909
electronic monitoring device that is attached to the eligible 4,910
offender's person or that otherwise is being used to monitor the 4,912
eligible offender and that can monitor and determine the eligible 4,914
offender's location at any time or at a designated point in time 4,916
or to be monitored by the certified electronic monitoring system; 4,917
to report periodically to a person designated by the court; and, 4,918
in return for receiving a period of electronically monitored 4,919
house arrest, to enter into a written contract with the court 4,920
agreeing to comply with all restrictions and requirements imposed 4,921
by the court, agreeing to pay any fee imposed by the court for 4,922
the costs of the electronically monitored house arrest imposed by 4,923
the court pursuant to division (E) of this section, and agreeing 4,924
to waive the right to receive credit for any time served on 4,925
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 4,927
the offense for which the period of electronically monitored 4,928
house arrest was imposed if the eligible offender violates any of 4,929
the restrictions or requirements of the period of electronically 4,931
monitored house arrest, and additionally, it may impose any other 4,932
reasonable restrictions and requirements upon the eligible 4,933
offender.
(2) If an eligible offender violates any of the 4,935
restrictions or requirements imposed upon the eligible offender 4,936
as part of the eligible offender's period of electronically 4,938
monitored house arrest, the eligible offender shall not receive 4,939
credit for any time served on electronically monitored house 4,940
arrest toward any prison term or sentence of imprisonment imposed 4,941
upon the eligible offender for the offense for which the period 4,943
of electronically monitored house arrest was imposed. 4,944
(C)(1) The superintendent of the bureau of criminal 4,946
identification and investigation, in accordance with this section 4,947
and rules adopted by the superintendent pursuant to division 4,948
122
(C)(2) of this section, shall certify for use in cases of 4,949
electronically monitored house arrest, IN electronically 4,950
monitored house detention, and electronically monitored early 4,951
release IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL specific 4,952
types and brands of electronic monitoring devices and electronic 4,953
monitoring systems that comply with the requirements of this 4,954
section, section 5120.073 of the Revised Code, and those rules. 4,955
Any manufacturer that, pursuant to this division, seeks to obtain 4,956
the certification of any type or brand of electronic monitoring 4,957
device or electronic monitoring system shall submit to the 4,958
superintendent an application for certification in accordance 4,959
with those rules together with the application fee and costs of 4,960
certification as required by those rules. The superintendent 4,961
shall not certify any electronic monitoring device or electronic 4,962
monitoring system pursuant to this division unless the 4,963
application fee and costs have been paid to the superintendent. 4,964
(2) The superintendent, in accordance with Chapter 119. of 4,966
the Revised Code, shall adopt rules for certifying specific types 4,967
and brands of electronic monitoring devices and electronic 4,968
monitoring systems for use in electronically monitored house 4,969
arrest, IN electronically monitored house detention, and 4,970
electronically monitored early release IN RELATION TO AN INMATE 4,971
ON TRANSITIONAL CONTROL. The rules shall set forth the 4,973
requirements for obtaining the certification, the application fee 4,974
and other costs for obtaining the certification, the procedure 4,975
for applying for certification, and any other requirements and 4,976
procedures considered necessary by the superintendent. The rules 4,977
shall require that no type or brand of electronic monitoring 4,978
device or electronic monitoring system be certified unless the 4,979
type or brand of device or system complies with whichever of the 4,980
following is applicable, in addition to any other requirements 4,981
specified by the superintendent:
(a) For electronic monitoring devices of the type 4,983
described in division (A)(1)(a) of this section, the type or 4,984
123
brand of device complies with all of the following: 4,985
(i) It has a transmitter of the type described in division 4,987
(A)(1)(a)(i) of this section, a receiver of the type described in 4,988
division (A)(1)(a)(ii) of this section, and a central monitoring 4,989
computer of the type described in division (A)(1)(a)(iii) of this 4,990
section; 4,991
(ii) Its transmitter can be worn by or attached to a 4,993
person with a minimum of discomfort during normal activities, is 4,994
difficult to remove, turn off, or otherwise alter without prior 4,995
court approval in relation to electronically monitored house 4,996
arrest or electronically monitored house detention or prior 4,997
approval of the department of rehabilitation and correction in 4,998
relation to electronically monitored early release THE USE OF AN 4,999
ELECTRONIC MONITORING DEVICE FOR AN INMATE ON TRANSITIONAL 5,000
CONTROL, and will transmit a specified signal to the receiver if 5,002
it is removed, turned off, altered, or otherwise tampered with; 5,003
(iii) Its receiver is difficult to turn off or alter and 5,005
will transmit a signal to the central monitoring computer if it 5,006
is turned off, altered, or otherwise tampered with; 5,007
(iv) Its central monitoring computer is difficult to 5,009
circumvent; 5,010
(v) Its transmitter, receiver, and central monitoring 5,012
computer work accurately and reliably under the anticipated 5,013
conditions under which electronically monitored house arrest or 5,014
electronically monitored house detention will be imposed by 5,015
courts or under which electronically monitored early release AN 5,016
ELECTRONIC MONITORING DEVICE will be used by the department of 5,018
rehabilitation and correction IN RELATION TO AN INMATE ON 5,019
TRANSITIONAL CONTROL;
(vi) It has a backup battery power supply that operates 5,021
automatically when the main source of electrical or battery power 5,022
for the device fails. 5,023
(b) For electronic monitoring devices of the type 5,025
described in division (A)(1)(b) of this section, the type or 5,026
124
brand of device complies with all of the following: 5,027
(i) It has a transmitter and receiver of the type 5,029
described in divisions (A)(1)(b)(i) and (ii) of this section. 5,030
(ii) Its transmitter is difficult to turn off or alter 5,032
without prior court approval in relation to electronically 5,033
monitored house arrest or electronically monitored house 5,034
detention or without prior approval of the department of 5,035
rehabilitation and correction in relation to electronically 5,036
monitored early release THE USE OF AN ELECTRONIC MONITORING 5,037
DEVICE FOR AN INMATE ON TRANSITIONAL CONTROL, and, if the 5,038
transmitter is turned off or altered in any manner without prior 5,040
approval of the court or department or otherwise is tampered 5,041
with, the fact that it has been turned off, altered, or tampered 5,042
with can be determined at any time, or at a designated point in 5,043
time, through the use of a central monitoring computer or through 5,044
other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 5,046
if the receiver is turned off, altered, or otherwise tampered 5,047
with, the fact that it has been turned off, altered, or tampered 5,048
with can be determined at any time, or at a designated point in 5,049
time, through the use of a central monitoring computer or through 5,050
other electronic means. 5,051
(iv) Its central monitoring computer or other means of 5,053
electronic monitoring is difficult to circumvent. 5,054
(v) Its transmitter, receiver, and central monitoring 5,056
computer or other means of electronic monitoring work accurately 5,057
and reliably under the anticipated conditions under which 5,058
electronically monitored house arrest, OR electronically 5,059
monitored house detention WILL BE USED, or electronically 5,061
monitored early release UNDER WHICH AN ELECTRONIC MONITORING 5,062
DEVICE will be used BY THE DEPARTMENT OF REHABILITATION AND 5,063
CORRECTION IN RELATION TO AN INMATE ON TRANSITIONAL CONTROL. 5,064
(vi) If it operates on electrical or battery power, it has 5,066
a backup battery power supply that operates automatically when 5,067
125
the main source of electrical or battery power for the device 5,068
fails, or, if it does not operate on electrical or battery power, 5,069
it has a backup method of operation so that it will continue to 5,070
operate if its main method of operation fails. 5,071
(c) For electronic monitoring systems, the type or brand 5,073
of system complies with all of the following: 5,074
(i) It can be programmed to call the telephone or 5,076
telephones assigned to the person who is the subject of the 5,077
monitoring as often as necessary; 5,078
(ii) It is equipped with a voice recognition system that 5,080
can work accurately and reliably under the anticipated conditions 5,081
in which it will operate; 5,082
(iii) It is equipped to perform an alarm function if the 5,084
person who is the subject of the monitoring does not respond to 5,085
system commands in the manner required. 5,086
(3) The superintendent shall publish and make available to 5,088
all courts and to the department of rehabilitation and 5,089
correction, without charge, a list of all types and brands of 5,090
electronic monitoring devices and electronic monitoring systems 5,091
that have been certified by the superintendent pursuant to 5,092
division (C)(1) of this section and information about the 5,093
manufacturers of the certified devices and systems and places at 5,094
which the devices and systems can be obtained. 5,095
(D) The superintendent of the bureau of criminal 5,097
identification and investigation shall deposit all costs and fees 5,098
collected pursuant to division (C) of this section into the 5,100
general revenue fund.
(E)(1) Each county in which is located a court that 5,102
imposes a period of electronically monitored house arrest or 5,103
electronically monitored house detention as a sentencing sanction 5,104
or alternative may establish in the county treasury an 5,106
electronically monitored house arrest and detention fund. The 5,107
clerk of each court that uses that sentencing sanction or 5,108
alternative may deposit into the fund all fees collected from 5,110
126
eligible offenders upon whom electronically monitored house 5,111
arrest or detention is imposed pursuant to this section, section 5,112
2151.355, or any other section of the Revised Code that 5,113
specifically authorizes the imposition of electronically 5,114
monitored house arrest or detention. Each court that imposes 5,115
electronically monitored house arrest or detention may adopt by 5,116
local court rule a reasonable daily fee to be paid by each 5,117
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 5,118
alternative. The fee may include the actual costs of providing 5,120
house arrest or detention and an additional amount necessary to 5,121
enable the court to provide electronically monitored house arrest 5,122
or detention to indigent eligible offenders. The fund may be 5,123
used only for the payment of the costs of electronically 5,124
monitored house arrest or detention, including, but not limited 5,125
to, the costs of electronically monitored house arrest or 5,126
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 5,128
this section, it shall be in addition to any fine specifically 5,129
authorized or required by any other section of the Revised Code 5,130
for an eligible offender upon whom a period of electronically 5,131
monitored house arrest or detention is imposed as a sentencing 5,132
sanction or alternative.
Sec. 2930.16. (A) If a defendant is incarcerated, a 5,142
victim in a case who has requested to receive notice under this
section shall be given notice of the incarceration of the 5,143
defendant. Promptly after sentence is imposed upon the 5,144
defendant, the prosecutor in the case shall notify the victim of 5,145
the date on which the defendant will be released from confinement 5,146
or the prosecutor's reasonable estimate of that date. The 5,147
prosecutor also shall notify the victim of the name of the 5,148
custodial agency of the defendant and tell the victim how to 5,149
contact that custodial agency. The victim shall keep the 5,150
custodial agency informed of the victim's current address and 5,151
127
telephone number.
(B)(1) Upon the victim's request, the prosecutor promptly 5,153
shall notify the victim of any hearing for judicial release of 5,155
the defendant pursuant to section 2929.20 of the Revised Code and 5,156
of the victim's right to make a statement under that section. 5,157
The court shall notify the victim of its ruling in each of those 5,158
hearings and on each of those applications. 5,159
(2) Upon the request of a victim of a crime that is a 5,161
sexually violent offense and that is committed by a sexually 5,162
violent predator who is sentenced to a prison term pursuant to 5,163
division (A)(3) of section 2971.03 of the Revised Code, the 5,164
prosecutor promptly shall notify the victim of any hearing to be 5,165
conducted pursuant to section 2971.05 of the Revised Code to 5,166
determine whether to modify the requirement that the offender 5,167
serve the entire prison term in a state correctional facility in 5,168
accordance with division (C) of that section, whether to 5,170
continue, revise, or revoke any existing modification of that 5,171
requirement, or whether to terminate the prison term in
accordance with division (D) of that section. The court shall 5,173
notify the victim of any order issued at the conclusion of the 5,174
hearing. As used in this division, "sexually violent offense" 5,176
and "sexually violent predator" have the same meanings as in 5,177
section 2971.01 of the Revised Code.
(C) Upon the victim's request made at any time before the 5,179
particular notice would be due, the custodial agency of a 5,180
defendant shall give the victim any of the following notices that 5,182
is applicable:
(1) At least three weeks before the adult parole authority 5,184
recommends a pardon or commutation of sentence for the defendant 5,186
or at least three weeks prior to a hearing before the adult 5,187
parole authority regarding a grant of parole to the defendant, 5,188
notice of the victim's right to submit a statement regarding the 5,189
impact of the defendant's release in accordance with section 5,190
2967.12 of the Revised Code and, if applicable, of the victim's 5,191
128
right to appear at a full board hearing of the parole board to
give testimony as authorized by section 5149.101 of the Revised 5,192
Code;
(2) At least three weeks before the defendant is granted a 5,194
furlough TRANSFERRED TO TRANSITIONAL CONTROL under section 5,196
2967.26 or under divisions (A)(1)(c) to (g) of section 2967.27 of 5,197
the Revised Code or as soon as practicable before the defendant 5,198
is granted a furlough under division (A)(1)(a) or (b) of section 5,199
2967.27 of the Revised Code, notice of the pendency of the 5,200
furlough TRANSFER and of the victim's right under those sections 5,203
THAT SECTION to submit a statement regarding the impact of the 5,204
release TRANSFER;
(3) At least three weeks before the defendant is permitted 5,206
to serve a portion of the defendant's sentence as a period of 5,209
electronically monitored early release pursuant to section 5,210
5120.073 of the Revised Code, notice of the pendency of the 5,211
electronically monitored early release;
(4) Prompt notice of the defendant's escape from a 5,214
facility of the custodial agency in which the defendant was 5,215
incarcerated, of the defendant's absence without leave from a
mental health or mental retardation and developmental 5,217
disabilities facility or from other custody, and of the capture 5,218
of the defendant after an escape or absence; 5,219
(5)(4) Notice of the defendant's death while in custody; 5,221
(6)(5) Notice of the defendant's release from confinement 5,223
and the TERMS AND conditions of the release. 5,225
Sec. 2941.39. When a convict in a state correctional 5,234
institution is indicted for a felony committed while confined in 5,235
the correctional institution, he THE CONVICT shall remain in the 5,236
custody of the warden or superintendent of the institution 5,237
subject to the order of the court of common pleas of the county 5,238
in which the institution is located DEPARTMENT OF REHABILITATION 5,239
AND CORRECTION, SUBJECT TO SECTIONS 2941.40 TO 2941.46 OF THE 5,240
REVISED CODE.
129
Sec. 2947.19. (A) In a county that has no workhouse but 5,250
in which is located a city that has a workhouse maintained by the 5,251
city, the board of county commissioners may agree with the proper 5,252
authorities of that city upon terms under which persons convicted 5,253
of misdemeanors shall be maintained in the city workhouse at the 5,254
expense of the county. In the case of persons committed to the 5,255
city workhouse for the violation of a law of this state, whether 5,256
the commitment is from the court of common pleas, magistrate's 5,257
court, or other court, the cost of maintaining those persons 5,258
committed shall be paid out of the general fund of the county, on 5,259
the allowance of the board of county commissioners, provided that 5,260
all persons committed to the city workhouse for the violation of 5,261
ordinances of the city shall be maintained in that workhouse at 5,262
the sole cost of the city. 5,263
(B)(1) The board of county commissioners or the 5,265
legislative authority of the city may require a person who was 5,266
convicted of an offense and who is confined in the city workhouse 5,268
as provided in division (A) of this section to reimburse the 5,269
county or the city, as the case may be, for its expenses incurred 5,270
by reason of the person's confinement, including, but not limited 5,271
to, the expenses relating to the provision of food, clothing, 5,272
shelter, medical care, personal hygiene products, including, but 5,273
not limited to, toothpaste, toothbrushes, and feminine hygiene 5,274
items, and up to two hours of overtime costs the sheriff or 5,275
municipal corporation incurred relating to the trial of the 5,276
person. The amount of reimbursement may be the actual cost of 5,277
the prisoner's confinement plus the authorized trial overtime 5,278
costs or a lesser amount determined by the board of county
commissioners for the county or the legislative authority of the 5,279
city, provided that the lesser amount shall be determined by a 5,280
formula that is uniformly applied to persons incarcerated in the 5,281
workhouse. The court shall determine the amount of reimbursement 5,282
for the person convicted of the misdemeanor at a hearing held 5,283
pursuant to section 2929.18 of the Revised Code if the person is 5,284
130
confined for a felony or section 2929.223 of the Revised Code if 5,285
the person is confined for a misdemeanor. The a confined for a 5,286
misdemeanor amount or amounts paid in reimbursement by a prisoner 5,288
confined for a misdemeanor or the amount recovered from a
prisoner confined for a misdemeanor by executing upon the 5,289
judgment obtained pursuant to section 2929.223 of the Revised 5,290
Code shall be paid into the treasury of the county or city that 5,291
incurred the expenses. If a person is convicted of or pleads 5,292
guilty to a felony and the court imposes a sanction that requires 5,293
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 5,294
determination of whether the court may impose a sanction under 5,295
section 2929.18 of the Revised Code that requires the offender to 5,296
reimburse the expenses of confinement. If a person is confined 5,298
for a felony and the court imposes a sanction under section 5,299
2929.18 of the Revised Code that requires the offender to 5,300
reimburse the costs of confinement, the prosecuting attorney of 5,301
the county or city director of law shall bring an action to 5,302
recover the expenses of confinement in accordance with section 5,303
2929.18 of the Revised Code.
(2) The board of county commissioners or the legislative 5,305
authority of the city may adopt a resolution or ordinance 5,306
specifying that a person who is convicted of a felony and who is 5,307
confined in the city workhouse as provided in division (A) of 5,308
this section is not required to reimburse the county or city, as 5,309
the case may be, for its expenses incurred by reason of the 5,310
person's confinement, including the expenses listed in division 5,311
(B)(1) of this section. If the board or legislative authority 5,312
adopts a resolution or ordinance of that nature, the court that 5,313
sentences a person convicted of a felony shall not impose a 5,314
sanction under section 2929.18 of the Revised Code that requires 5,315
the person to reimburse the costs of the confinement. 5,316
(C) In lieu of requiring offenders to reimburse the county 5,319
or the city for expenses incurred by reason of the person's
131
confinement under division (A) of this section, the board of 5,321
county commissioners or the legislative authority of the city may
adopt a prisoner reimbursement policy for the city workhouse 5,322
under this division. The workhouse administrator may appoint a 5,323
reimbursement coordinator to administer the prisoner 5,324
reimbursement policy. A prisoner reimbursement policy adopted
under this division is a policy that requires a person confined 5,325
to the workhouse to reimburse the county or city for any expenses 5,326
it incurs by reason of the person's confinement in the workhouse, 5,327
which expenses may include, but are not limited to, the 5,328
following:
(1) A per diem fee for room and board of not more than 5,330
sixty dollars per day or the actual per diem cost, whichever is 5,331
less for the entire period of time the person is confined to the 5,332
workhouse;
(2) Actual charges for medical and dental treatment; 5,334
(3) Reimbursement for government property damaged by the 5,336
person while confined to the workhouse. 5,337
Rates charged shall be on a sliding scale determined by the 5,339
board of county commissioners or the legislative authority of the 5,340
city, based on the ability of the person confined in the 5,341
workhouse to pay and on consideration of any legal obligation of 5,342
the person to support a spouse, minor children, or other 5,343
dependents and any moral obligation to support dependents to whom
the person is providing or has in fact provided support. 5,344
The reimbursement coordinator or another person designated 5,346
by the workhouse administrator may investigate the financial 5,347
status of the confined person and obtain information necessary to 5,348
investigate that status, by means that may include contacting 5,349
employers and reviewing income tax records. The coordinator may 5,350
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 5,351
person's incarceration, the person shall be presented with a 5,352
billing statement.
132
The reimbursement coordinator or another person designated 5,354
by the workhouse administrator may collect, or the board of 5,355
county commissioners or the legislative authority of the city may 5,356
enter into a contract with one or more public agencies or private 5,357
vendors to collect, any amounts remaining unpaid. Within twelve 5,358
months after the date of the confined person's release, the
prosecuting attorney or city director of law may file a civil 5,359
action to seek reimbursement from that person for any billing 5,360
amount that remains unpaid. The county or city shall not enforce 5,361
any judgment obtained under this section by means of execution 5,362
against the person's homestead. For purposes of this section, 5,363
"homestead" has the same meaning as in division (A) of section 5,364
323.151 of the Revised Code. Any reimbursement received under 5,365
this section shall be credited to the general fund of the county 5,366
or city that bore the expense, to be used for general fund
purposes. 5,367
(D)(1) Notwithstanding any contrary provision in this 5,369
section or section 2929.18 or 2929.223 of the Revised Code, the 5,371
board of county commissioners or the legislative authority of the
city may establish a policy that requires any person who is not 5,372
indigent and who is confined in the city workhouse to pay a 5,373
reasonable fee for any medical treatment or service requested by 5,374
and provided to that person. This fee shall not exceed the 5,375
actual cost of the treatment or service provided. No person 5,376
confined to a city workhouse who is indigent shall be required to 5,377
pay those fees, and no person confined to a city workhouse shall 5,378
be denied any necessary medical care because of inability to pay 5,379
those fees.
Upon provision of the requested medical treatment or 5,381
service, payment of the required fee may be automatically 5,382
deducted from a person's account record in the workhouse's 5,383
business office. If the person has no funds in the person's 5,384
account, a deduction may be made at a later date during the
person's confinement in the workhouse if funds later become 5,385
133
available in the person's account. If the person is released 5,386
from the workhouse and has an unpaid balance of these fees, the 5,387
board of county commissioners or the legislative authority may 5,388
bill the person for payment of the remaining unpaid fees. Fees
received for medical treatment or services shall be paid into the 5,389
commissary fund, if one has been created for the workhouse, or if 5,390
no commissary fund exists, into the county or city treasury. 5,391
(2) If a person confined to a city workhouse is required 5,393
under division (B) of this section or section 2929.18 or 2929.223 5,395
of the Revised Code to reimburse the county or city for expenses 5,396
incurred by reason of the person's confinement to the workhouse,
any fees paid by the person under division (D)(1) of this section 5,398
shall be deducted from the expenses required to be reimbursed
under division (b) of this section or section 2929.18 or 2929.223 5,400
of the Revised Code.
(E) IF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 5,402
GUILTY TO AN OFFENSE IS CONFINED IN THE WORKHOUSE AS PROVIDED IN 5,403
DIVISION (A) OF THIS SECTION, AT THE TIME OF RECEPTION AND AT 5,404
OTHER TIMES THE PERSON IN CHARGE OF THE OPERATION OF THE 5,405
WORKHOUSE DETERMINES TO BE APPROPRIATE, THE PERSON IN CHARGE OF 5,406
THE OPERATION OF THE WORKHOUSE MAY CAUSE THE CONVICTED OFFENDER
TO BE EXAMINED AND TESTED FOR TUBERCULOSIS, HIV INFECTION, 5,407
HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS A, B, AND C, 5,408
AND OTHER CONTAGIOUS DISEASES. THE PERSON IN CHARGE OF THE 5,410
OPERATION OF THE WORKHOUSE MAY CAUSE A CONVICTED OFFENDER IN THE 5,411
WORKHOUSE WHO REFUSES TO BE TESTED OR TREATED FOR TUBERCULOSIS, 5,412
HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED TO HEPATITIS 5,413
A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE TO BE TESTED AND 5,415
TREATED INVOLUNTARILY.
Sec. 2950.01. As used in this chapter, unless the context 5,424
clearly requires otherwise: 5,425
(A) "Confinement" includes, but is not limited to, a 5,427
community residential sanction imposed pursuant to section 5,428
2929.16 of the Revised Code.
134
(B) "Habitual sex offender" means a person who is 5,431
convicted of or pleads guilty to a sexually oriented offense and 5,432
who previously has been convicted of or pleaded guilty to one or
more sexually oriented offenses. 5,433
(C) "Prosecutor" has the same meaning as in section 5,436
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 5,438
offenses: 5,439
(1) Regardless of the age of the victim of the offense, a 5,441
violation of section 2907.02, 2907.03, 2907.05, or 2907.12 of the 5,442
Revised Code; 5,443
(2) Any of the following offenses involving a minor, in 5,445
the circumstances specified: 5,446
(a) A violation of section 2905.01, 2905.02, 2905.03, 5,449
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 5,450
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 5,453
when the person who is compelled, induced, procured, encouraged, 5,454
solicited, requested, or facilitated to engage in, paid or agreed 5,455
to be paid for, or allowed to engage in the sexual activity in 5,456
question is under eighteen years of age; 5,457
(c) A violation of division (A)(1) or (3) of section 5,459
2907.321 or 2907.322 of the Revised Code; 5,461
(d) A violation of division (A)(1) or (2) of section 5,463
2907.323 of the Revised Code; 5,464
(e) A violation of division (B)(5) of section 2919.22 of 5,467
the Revised Code when the child who is involved in the offense is 5,468
under eighteen years of age. 5,469
(3) Regardless of the age of the victim of the offense, a 5,471
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 5,472
Revised Code, or of division (A) of section 2903.04 of the 5,474
Revised Code, that is committed with a purpose to gratify the 5,476
sexual needs or desires of the offender;
(4) A sexually violent offense; 5,478
135
(5) A violation of any former law of this state that was 5,480
substantially equivalent to any offense listed in division 5,481
(D)(1), (2), (3), or (4) of this section; 5,482
(6) A violation of an existing or former municipal 5,484
ordinance or law of another state or the United States, or a 5,486
violation under the law applicable in a military court, that is 5,487
or was substantially equivalent to any offense listed in division 5,488
(D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 5,490
complicity in committing any offense listed in division (D)(1), 5,491
(2), (3), (4), (5), or (6) of this section. 5,492
(E) "Sexual predator" means a person who has been 5,495
convicted of or pleaded guilty to committing a sexually oriented 5,496
offense and is likely to engage in the future in one or more
sexually oriented offenses. 5,497
(F) "Supervised release" means a release from a prison 5,499
term, a term of imprisonment, or another type of confinement that 5,501
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or 5,503
probation, under a furlough TRANSITIONAL CONTROL, or under a 5,504
post-release control sanction, and it requires the person to 5,506
report to or be supervised by a parole officer, probation
officer, field officer, or another type of supervising officer. 5,507
(2) The release is any type of release that is not 5,509
described in division (F)(1) of this section and that requires 5,510
the person to report to or be supervised by a probation officer, 5,511
a parole officer, a field officer, or another type of supervising 5,512
officer.
(G) An offender is "adjudicated as being a sexual 5,514
predator" if any of the following applies: 5,515
(1) The offender is convicted of or pleads guilty to 5,517
committing, on or after the effective date of this section, a 5,518
sexually oriented offense that is a sexually violent offense and 5,519
also is convicted of or pleads guilty to a sexually violent 5,520
136
predator specification that was included in the indictment, count 5,522
in the indictment, or information that charged the sexually 5,523
violent offense.
(2) Regardless of when the sexually oriented offense was 5,525
committed, on or after the effective date of this section, the 5,526
offender is sentenced for a sexually oriented offense, and the 5,527
sentencing judge determines pursuant to division (B) of section 5,529
2950.09 of the Revised Code that the offender is a sexual 5,530
predator.
(3) Prior to the effective date of this section, the 5,532
offender was convicted of or pleaded guilty to, and was sentenced 5,534
for, a sexually oriented offense, the offender is imprisoned in a 5,535
state correctional institution on or after the effective date of 5,536
this section, and, prior to the offender's release from 5,537
imprisonment, the court determines pursuant to division (C) of 5,538
section 2950.09 of the Revised Code that the offender is a sexual 5,539
predator.
(H) "Sexually violent predator specification" and 5,541
"sexually violent offense" have the same meanings as in section 5,543
2971.01 of the Revised Code.
(I) "POST-RELEASE CONTROL SANCTION" AND "TRANSITIONAL 5,545
CONTROL" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE 5,546
REVISED CODE.
Sec. 2961.01. A person convicted of a felony under the 5,555
laws of this or any other state or the United States, unless his 5,556
THE conviction is reversed or annulled, is incompetent to be an 5,558
elector or juror, or to hold an office of honor, trust, or 5,560
profit. When any such person CONVICTED OF A FELONY UNDER ANY LAW 5,561
OF THAT TYPE is granted probation, parole, JUDICIAL RELEASE, or a 5,563
conditional pardon OR IS RELEASED UNDER A POST-RELEASE CONTROL
SANCTION, he THE PERSON is competent to be an elector during the 5,565
period of probation or, parole, OR RELEASE or until the 5,566
conditions of his THE pardon have been performed or have 5,569
transpired, and IS COMPETENT TO BE AN ELECTOR thereafter
137
following his final discharge. The full pardon of a convict 5,572
restores the rights and privileges so forfeited under this
section, but a pardon shall not release a convict from the costs 5,573
of his THE CONVICT'S conviction in this state, unless so 5,575
specified.
Sec. 2963.35. The chief of the adult parole authority 5,584
BUREAU OF SENTENCE COMPUTATION OR ANOTHER INDIVIDUAL SPECIFIED BY 5,585
THE DIRECTOR OF REHABILITATION AND CORRECTION is designated as 5,586
the administrator as required by Article VII of the agreement 5,587
adopted pursuant to section 2963.30 of the Revised Code. The 5,588
administrator, acting jointly with like officers of other party 5,589
states, shall, in accordance with Chapter 119. of the Revised 5,590
Code, promulgate rules and regulations to carry out the terms of
the agreement. The administrator is authorized and empowered to 5,591
cooperate with all departments, agencies, and officers of this 5,592
state and its political subdivisions, in facilitating the proper 5,593
administration of the agreement or of any supplementary agreement 5,594
or agreements entered into by this state thereunder. 5,595
Sec. 2967.01. As used in this chapter: 5,604
(A) "State correctional institution" includes any 5,607
institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, 5,608
care, or treatment of criminal, delinquent, or psychologically or 5,609
psychiatrically disturbed offenders. 5,610
(B) "Pardon" means the remission of penalty by the 5,612
governor in accordance with the power vested in the governor by 5,613
the constitution. 5,614
(C) "Commutation" or "commutation of sentence" means the 5,616
substitution by the governor of a lesser for a greater 5,617
punishment. A stated prison term may be commuted without the 5,619
consent of the convict, except when granted upon the acceptance 5,620
and performance by the convict of conditions precedent. After 5,621
commutation, the commuted prison term shall be the only one in 5,622
existence. The commutation may be stated in terms of commuting 5,623
138
from a named offense to a lesser included offense with a shorter 5,625
prison term, in terms of commuting from a stated prison term in 5,626
months and years to a shorter prison term in months and years, or 5,627
in terms of commuting from any other stated prison term to a 5,628
shorter prison term.
(D) "Reprieve" means the temporary suspension by the 5,630
governor of the execution of a sentence or prison term. The 5,631
governor may grant a reprieve without the consent of and against 5,632
the will of the convict.
(E) "Parole" means, regarding a prisoner who is serving a 5,634
prison term for aggravated murder or murder, who is serving a 5,635
prison term of life imprisonment for rape or felonious sexual 5,636
penetration, or who was sentenced prior to the effective date of 5,637
this amendment JULY 1, 1996, a release of the prisoner from 5,639
confinement in any state correctional institution by the adult
parole authority that is subject to the eligibility criteria 5,640
specified in this chapter and that is under the terms and 5,641
conditions, and for the period of time, prescribed by the 5,642
authority in its published rules and official minutes or required 5,643
by division (A) of section 2967.131 of the Revised Code or
another provision of this chapter. 5,644
(F) "Head of a state correctional institution" or "head of 5,647
the institution" means the resident head of the institution and 5,648
the person immediately in charge of the institution, whether 5,649
designated warden, superintendent, or any other name by which the 5,650
head is known.
(G) "Convict" means a person who has been convicted of a 5,652
felony under the laws of this state, whether or not actually 5,653
confined in a state correctional institution, unless the person 5,654
has been pardoned or has served the person's sentence or prison 5,655
term. 5,656
(H) "Prisoner" means a person who is in actual confinement 5,658
in a state correctional institution. 5,659
(I) "Parolee" means any inmate who has been released from 5,661
139
confinement on parole by order of the adult parole authority or 5,662
conditionally pardoned, who is under supervision of the adult 5,663
parole authority and has not been granted a final release, and 5,664
who has not been declared in violation of the inmate's parole by 5,665
the authority or is performing the prescribed conditions of a 5,666
conditional pardon. 5,667
(J) "Releasee" means an inmate who has been released from 5,669
confinement pursuant to section 2967.28 of the Revised Code under 5,671
a period of post-release control that includes one or more
post-release control sanctions. 5,672
(K) "Final release" means a remission by the adult parole 5,674
authority of the balance of the sentence or prison term of a 5,675
parolee or prisoner or the termination by the authority of a term 5,676
of post-release control of a releasee. 5,677
(L) "Parole violator" or "release violator" means any 5,679
parolee or releasee who has been declared to be in violation of 5,680
the condition of parole or post-release control specified in 5,681
division (A) of section 2967.131 of the Revised Code or in 5,682
violation of any other term, condition, or rule of the parolee's 5,683
or releasee's parole or of the parolee's or releasee's 5,684
post-release control sanctions, the determination of which has 5,685
been made by the adult parole authority and recorded in its 5,686
official minutes.
(M) "Administrative release" means a termination of 5,688
jurisdiction over a particular sentence or prison term by the 5,689
adult parole authority for administrative convenience. 5,690
(N) "Furloughee" means a prisoner who has been released to 5,692
conditional confinement by the adult parole authority pursuant to 5,693
section 2967.26 of the Revised Code or who has been released by 5,694
the department of rehabilitation and correction pursuant to 5,695
section 2967.27 of the Revised Code. 5,696
(O) "Post-release control" and "post-release control 5,698
sanction" have the same meanings as in section 2967.28 of the 5,701
Revised Code MEANS A PERIOD OF SUPERVISION BY THE ADULT PAROLE 5,702
140
AUTHORITY AFTER A PRISONER'S RELEASE FROM IMPRISONMENT THAT 5,703
INCLUDES ONE OR MORE POST-RELEASE CONTROL SANCTIONS IMPOSED UNDER 5,704
SECTION 2967.28 OF THE REVISED CODE. 5,705
(O) "POST-RELEASE CONTROL SANCTION" MEANS A SANCTION THAT 5,708
IS AUTHORIZED UNDER SECTIONS 2929.16 TO 2929.18 OF THE REVISED 5,710
CODE AND THAT IS IMPOSED UPON A PRISONER UPON THE PRISONER'S 5,711
RELEASE FROM A PRISON TERM. 5,713
(P) "Prison COMMUNITY CONTROL SANCTION," "PRISON term," 5,716
"MANDATORY PRISON TERM," and "stated prison term" have the same 5,717
meanings as in section 2929.01 of the Revised Code. 5,718
(Q) "TRANSITIONAL CONTROL" MEANS CONTROL OF A PRISONER 5,720
UNDER THE TRANSITIONAL CONTROL PROGRAM ESTABLISHED BY THE 5,721
DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 2967.26 5,722
OF THE REVISED CODE, IF THE DEPARTMENT ESTABLISHES A PROGRAM OF 5,723
THAT NATURE UNDER THAT SECTION.
Sec. 2967.131. (A) In addition to any other terms and 5,732
conditions of a conditional pardon, OR parole, furlough OF 5,733
TRANSITIONAL CONTROL, or other OF ANOTHER form of authorized 5,736
release from confinement in a state correctional institution that
is granted to an individual and that involves the placement of 5,737
the individual under the supervision of the adult parole 5,738
authority, and in addition to any other sanctions of post-release 5,739
control of a felon imposed under section 2967.28 of the Revised 5,740
Code, the authority or, in the case of a conditional pardon, the 5,741
governor shall include in the terms and conditions of the 5,742
conditional pardon, parole, furlough TRANSITIONAL CONTROL, or 5,743
other form of authorized release or shall include as a condition 5,745
of the post-release control the condition that the parolee,
furloughee, or releasee INDIVIDUAL OR FELON abide by the law, 5,747
including, but not limited to, complying with the provisions of 5,748
Chapter 2923. of the Revised Code relating to the possession, 5,749
sale, furnishing, transfer, disposition, purchase, acquisition,
carrying, conveying, or use of, or other conduct involving, a 5,750
firearm or dangerous ordnance, as defined in section 2923.11 of 5,751
141
the Revised Code, during the period of the parolee's, 5,752
furloughee's, or releasee's INDIVIDUAL'S OR FELON'S conditional 5,754
pardon, parole, furlough TRANSITIONAL CONTROL, other form of 5,755
authorized release, or post-release control. 5,757
(B) During the period of a conditional pardon, OR parole, 5,759
furlough OF TRANSITIONAL CONTROL, or other OF ANOTHER form of 5,762
authorized release from confinement in a state correctional
institution that is granted to an individual and that involves 5,763
the placement of the individual under the supervision of the 5,764
adult parole authority, and during a period of post-release 5,765
control of a felon imposed under section 2967.28 of the Revised 5,766
Code, authorized field officers of the authority who are engaged 5,767
within the scope of their supervisory duties or responsibilities 5,768
may search, with or without a warrant, the person of the parolee, 5,769
furloughee, or releasee INDIVIDUAL OR FELON, the place of 5,771
residence of the parolee, furloughee, or releasee INDIVIDUAL OR
FELON, and a motor vehicle, another item of tangible or 5,773
intangible personal property, or other real property in which the 5,774
parolee, furloughee, or releasee INDIVIDUAL OR FELON has a right, 5,776
title, or interest or for which the parolee, furloughee, or 5,777
releasee INDIVIDUAL OR FELON has the express or implied 5,779
permission of a person with a right, title, or interest to use, 5,781
occupy, or possess, if the field officers have reasonable grounds 5,783
to believe that the parolee, furloughee, or releasee INDIVIDUAL 5,784
OR FELON is not abiding by the law or otherwise is not complying 5,785
with the terms and conditions of the parolee's, furloughee's, or 5,786
releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole, 5,787
furlough TRANSITIONAL CONTROL, other form of authorized release, 5,790
or post-release control. The authority shall provide each 5,791
parolee, furloughee, or releasee INDIVIDUAL WHO IS GRANTED A 5,792
CONDITIONAL PARDON OR PAROLE, TRANSITIONAL CONTROL, OR ANOTHER 5,793
FORM OF AUTHORIZED RELEASE FROM CONFINEMENT IN A STATE
CORRECTIONAL INSTITUTION AND EACH FELON WHO IS UNDER POST-RELEASE 5,794
CONTROL with a written notice that informs the parolee, 5,796
142
furloughee, or releasee INDIVIDUAL OR FELON that authorized field 5,798
officers of the authority who are engaged within the scope of 5,801
their supervisory duties or responsibilities may conduct those 5,802
types of searches during the period of the conditional pardon, 5,803
parole, furlough TRANSITIONAL CONTROL, other form of authorized 5,804
release, or post-release control if they have reasonable grounds 5,805
to believe that the parolee, furloughee, or releasee INDIVIDUAL 5,806
OR FELON is not abiding by the law or otherwise is not complying 5,807
with the terms and conditions of the parolee's, furloughee's, or 5,808
releasee's INDIVIDUAL'S OR FELON'S conditional pardon, parole, 5,810
furlough TRANSITIONAL CONTROL, other form of authorized release, 5,812
or post-release control.
Sec. 2967.14. (A) The adult parole authority may require 5,821
a parolee or releasee to reside in a halfway house or other 5,822
suitable community residential center that has been licensed by 5,823
the division of parole and community services pursuant to 5,824
division (C) of this section during a part or for the entire 5,826
period of the parolee's conditional release or of the releasee's 5,827
term of post-release control. The court of common pleas that
placed an offender under a sanction consisting of a term in a 5,828
halfway house or in an alternative residential sanction may 5,830
require the offender to reside in a halfway house or other
suitable community residential center that is designated by the 5,831
court and that has been licensed by the division pursuant to 5,832
division (C) of this section during a part or for the entire 5,833
period of the offender's residential sanction. 5,834
(B) The division of parole and community services may 5,836
enter into agreements with any public or private agency or a 5,837
department or political subdivision of the state that operates a 5,838
halfway house or community residential center that has been 5,839
licensed by the division pursuant to division (C) of this 5,840
section. An agreement under this division shall provide for 5,841
housing, supervision, and other services that are required for 5,842
parolees, releasees, and persons placed under a residential 5,843
143
sanction PERSONS who have been assigned to a halfway house or 5,845
community residential center, INCLUDING PAROLEES, RELEASEES, 5,846
PERSONS PLACED UNDER A RESIDENTIAL SANCTION, PERSONS UNDER 5,847
TRANSITIONAL CONTROL, AND OTHER ELIGIBLE OFFENDERS AS DEFINED IN 5,848
RULES ADOPTED BY THE DIRECTOR OF REHABILITATION AND CORRECTION IN 5,849
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. An agreement 5,850
under this division shall provide for per diem payments to the 5,851
agency, department, or political subdivision on behalf of each 5,852
parolee and releasee assigned to and each person placed under a 5,853
residential sanction in a halfway house or community residential 5,854
center that is operated by the agency, department, or political 5,855
subdivision and that has been licensed by the division. The per 5,856
diem payments shall be equal to the halfway house's or community 5,857
residential center's average daily per capita costs with its 5,858
facility at full occupancy. The per diem payments shall not 5,859
exceed the total operating costs of the halfway house or 5,860
community residential center during the term of an agreement. The 5,862
director of rehabilitation and correction shall adopt rules in 5,863
accordance with Chapter 119. of the Revised Code for determining 5,864
includable and excludable costs and income to be used in 5,865
computing the agency's average daily per capita costs with its
facility at full occupancy. 5,866
The department of rehabilitation and correction may use a 5,868
portion of the amount appropriated to the department each fiscal 5,869
year for the halfway house and community residential center 5,870
program to pay for contracts for nonresidential services for 5,871
offenders under the supervision of the adult parole authority. 5,872
The nonresidential services may include, but are not limited to, 5,873
treatment for substance abuse, mental health counseling, and 5,874
counseling for sex offenders. 5,875
(C) The division of parole and community services may 5,877
license a halfway house or community residential center as a 5,878
suitable facility for the care and treatment of adult offenders 5,879
only if the halfway house or community residential center 5,880
144
complies with the standards that the division adopts in 5,881
accordance with Chapter 119. of the Revised Code for the 5,882
licensure of halfway houses and community residential centers. 5,883
The division shall annually inspect each licensed halfway house 5,884
and licensed community residential center to determine if it is 5,885
in compliance with the licensure standards.
Sec. 2967.141. (A) AS USED IN THIS SECTION, "ALTERNATIVE 5,888
RESIDENTIAL FACILITY" HAS THE SAME MEANING AS IN SECTION 2929.01 5,889
OF THE REVISED CODE. 5,890
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION, 5,893
THROUGH ITS DIVISION OF PAROLE AND COMMUNITY SERVICES, MAY 5,894
OPERATE OR CONTRACT FOR THE OPERATION OF ONE OR MORE VIOLATION 5,895
SANCTION CENTERS AS AN ALTERNATIVE RESIDENTIAL FACILITY. A 5,896
VIOLATION SANCTION CENTER OPERATED UNDER AUTHORITY OF THIS 5,897
DIVISION IS NOT A PRISON WITHIN THE MEANING OF DIVISION (CC) OF 5,898
SECTION 2929.01 OF THE REVISED CODE. A VIOLATION SANCTION CENTER
OPERATED UNDER AUTHORITY OF THIS DIVISION MAY BE USED FOR EITHER 5,899
OF THE FOLLOWING PURPOSES: 5,900
(1) SERVICE OF THE TERM OF A MORE RESTRICTIVE POST-RELEASE 5,903
CONTROL SANCTION THAT THE PAROLE BOARD, SUBSEQUENT TO A HEARING, 5,904
IMPOSES PURSUANT TO DIVISION (F)(2) OF SECTION 2967.28 OF THE 5,906
REVISED CODE UPON A RELEASEE WHO HAS VIOLATED A POST-RELEASE 5,907
CONTROL SANCTION IMPOSED UPON THE RELEASEE UNDER THAT SECTION; 5,908
(2) SERVICE OF A SANCTION THAT THE ADULT PAROLE AUTHORITY 5,910
OR PAROLE BOARD IMPOSES UPON A PAROLEE WHOM THE AUTHORITY 5,911
DETERMINES TO BE A PAROLE VIOLATOR BECAUSE OF A VIOLATION OF THE 5,912
TERMS AND CONDITIONS OF THE PAROLEE'S PAROLE OR CONDITIONAL 5,913
PARDON. 5,914
(C) IF A VIOLATION SANCTION CENTER IS ESTABLISHED UNDER 5,917
THE AUTHORITY OF THIS SECTION, NOTWITHSTANDING THE FACT THAT THE 5,918
CENTER IS AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE PURPOSES 5,919
DESCRIBED IN DIVISION (B) OF THIS SECTION, THE CENTER SHALL BE 5,921
USED ONLY FOR THE PURPOSES DESCRIBED IN THAT DIVISION. A
VIOLATION SANCTION CENTER ESTABLISHED UNDER THE AUTHORITY OF THIS 5,922
145
SECTION IS NOT AN ALTERNATIVE RESIDENTIAL FACILITY FOR THE 5,923
PURPOSE OF IMPOSING SENTENCE ON AN OFFENDER WHO IS CONVICTED OF 5,924
OR PLEADS GUILTY TO A FELONY, AND A COURT THAT IS SENTENCING AN 5,926
OFFENDER FOR A FELONY PURSUANT TO SECTIONS 2929.11 TO 2929.19 OF
THE REVISED CODE SHALL NOT SENTENCE THE OFFENDER TO A COMMUNITY 5,928
RESIDENTIAL SANCTION THAT REQUIRES THE OFFENDER TO SERVE A TERM 5,929
IN THE CENTER.
(D) IF A RELEASEE IS ORDERED TO SERVE A SANCTION IN A 5,931
VIOLATION SANCTION CENTER, AS DESCRIBED IN DIVISION (B)(1) OF 5,932
THIS SECTION, ALL OF THE FOLLOWING APPLY: 5,933
(1) THE RELEASEE SHALL NOT BE CONSIDERED TO BE UNDER A NEW 5,935
PRISON TERM FOR A VIOLATION OF POST-RELEASE CONTROL. 5,936
(2) THE TIME THE RELEASEE SERVES IN THE CENTER SHALL NOT 5,938
COUNT TOWARD, AND SHALL NOT BE CONSIDERED IN DETERMINING, THE 5,939
MAXIMUM CUMULATIVE PRISON TERM FOR ALL VIOLATIONS THAT IS 5,940
DESCRIBED IN DIVISION (F)(3) OF SECTION 2967.28 OF THE REVISED 5,941
CODE.
(3) THE TIME THE RELEASEE SERVES IN THE CENTER SHALL COUNT 5,943
AS PART OF, AND SHALL BE CREDITED TOWARD, THE REMAINING PERIOD OF 5,944
POST-RELEASE CONTROL THAT IS APPLICABLE TO THE RELEASEE. 5,945
Sec. 2967.15. (A) If an adult parole authority field 5,954
officer has reasonable cause to believe that a person who is a 5,955
parolee, furloughee, or other releasee, WHO IS UNDER TRANSITIONAL 5,956
CONTROL, OR WHO IS UNDER ANOTHER FORM OF AUTHORIZED RELEASE AND 5,957
WHO IS under the supervision of the adult parole authority has 5,959
violated or is violating the condition of a conditional pardon, 5,960
parole, furlough, other form of authorized release, TRANSITIONAL 5,962
CONTROL, or post-release control specified in division (A) of 5,964
section 2967.131 of the Revised Code or any other term or 5,965
condition of the person's conditional pardon, parole, furlough, 5,966
other form of authorized release, TRANSITIONAL CONTROL, or 5,967
post-release control, the field officer may arrest the person 5,969
without a warrant or order a peace officer to arrest the person 5,970
without a warrant. A person so arrested shall be confined in the 5,971
146
jail of the county in which the person is arrested or in another 5,972
facility designated by the chief of the adult parole authority 5,973
until a determination is made regarding the person's release
status. Upon making an arrest under this section, the arresting 5,974
or supervising adult parole authority field officer promptly 5,975
shall notify the superintendent of parole supervision or the 5,976
superintendent's designee, in writing, that the person has been 5,979
arrested and is in custody and submit in detail an appropriate 5,980
report of the reason for the arrest. 5,981
(B) Except as otherwise provided in this division, prior 5,983
to the revocation by the adult parole authority of a person's 5,985
pardon, parole, furlough TRANSITIONAL CONTROL, or other release 5,986
and prior to the imposition by the parole board or adult parole 5,987
authority of a new prison term as a post-release control sanction 5,988
for a person, the adult parole authority shall grant the person a 5,989
hearing in accordance with rules adopted by the department of 5,990
rehabilitation and correction under Chapter 119. of the Revised 5,991
Code. The adult parole authority is not required to grant the
person a hearing if the person is convicted of or pleads guilty 5,992
to an offense that the person committed while released on a 5,993
pardon, on parole, furlough TRANSITIONAL CONTROL, or other 5,994
ANOTHER FORM OF release, or on post-release control and upon 5,996
which the revocation of the person's pardon, parole, furlough 5,997
TRANSITIONAL CONTROL, other release, or post-release control is 5,998
based. 5,999
If a person who has been pardoned is found to be a violator 6,001
of the conditions of the parolee's conditional pardon or 6,002
commutation of sentence, the authority forthwith shall transmit 6,003
to the governor its recommendation concerning that violation, and 6,004
the violator shall be retained in custody until the governor 6,005
issues an order concerning that violation. 6,006
If the authority fails to make a determination of the case 6,008
of a parolee or releasee alleged to be a violator of the terms 6,009
and conditions of the parolee's or releasee's conditional pardon, 6,010
147
parole, other release, or post-release control sanctions within a 6,011
reasonable time, the parolee or releasee shall be released from 6,013
custody under the same terms and conditions of the parolee's or 6,014
releasee's original conditional pardon, parole, other release, or 6,015
post-release control sanctions. 6,016
(C)(1) If a person who is a parolee, furloughee, or other 6,018
releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER 6,019
ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE 6,020
ADULT PAROLE AUTHORITY absconds from supervision, the 6,021
superintendent SUPERVISING ADULT PAROLE AUTHORITY FIELD OFFICER 6,022
shall report that fact to the authority SUPERINTENDENT OF PAROLE 6,024
SUPERVISION, in writing, and the authority shall enter an order 6,026
upon its official minutes declaring DECLARE that person to be a 6,027
violator at large. The superintendent, upon UPON being advised 6,029
of the apprehension and availability for return of a violator at 6,030
large, THE SUPERINTENDENT OF PAROLE SUPERVISION shall recommend 6,031
to the authority that DETERMINE WHETHER the violator at large 6,032
SHOULD be returned to the institution or restored to parole, 6,033
furlough TRANSITIONAL CONTROL, other ANOTHER form of authorized 6,035
release, or post-release control. If the violator is not 6,036
restored to parole, furlough, other form of authorized release, 6,037
or post-release control, the violator shall be returned to a 6,039
state correctional institution.
The time between the date on which a person who is a 6,041
parolee, furloughee, or other releasee is declared to be a 6,043
violator or violator at large and the date on which that person 6,044
is returned to custody in this state under the immediate control 6,045
of the adult parole authority shall not be counted as time served 6,046
under the sentence imposed on that person or as a part of the 6,047
term of post-release control.
(2) A furloughee or a releasee other than a person who is 6,050
released on parole, conditional pardon, or post-release control 6,051
PERSON WHO IS UNDER TRANSITIONAL CONTROL OR WHO IS UNDER ANY FORM 6,053
OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE ADULT PAROLE 6,054
148
AUTHORITY is considered to be in custody while UNDER THE 6,055
TRANSITIONAL CONTROL OR on furlough or other release, and, if the 6,058
furloughee or releasee PERSON absconds from supervision, the 6,059
furloughee or releasee PERSON may be prosecuted for the offense 6,060
of escape. 6,061
(D) A person who is a parolee, furloughee, or other 6,063
releasee, WHO IS UNDER TRANSITIONAL CONTROL, OR WHO IS UNDER 6,065
ANOTHER FORM OF AUTHORIZED RELEASE UNDER THE SUPERVISION OF THE 6,066
ADULT PAROLE AUTHORITY and who has violated a term or condition 6,068
of the person's conditional pardon, parole, furlough TRANSITIONAL 6,069
CONTROL, other form of authorized release, or post-release 6,070
control shall be declared to be a violator if the person is 6,072
committed to a correctional institution outside the state to 6,073
serve a sentence imposed upon the person by a federal court or a 6,074
court of another state or if the person otherwise leaves the 6,075
state.
(E) As used in this section, "peace officer" has the same 6,077
meaning as in section 2935.01 of the Revised Code. 6,078
Sec. 2967.191. The adult parole authority DEPARTMENT OF 6,087
REHABILITATION AND CORRECTION shall reduce the stated prison term 6,089
of a prisoner OR, IF THE PRISONER IS SERVING A TERM FOR WHICH 6,090
THERE IS PAROLE ELIGIBILITY, THE MINIMUM AND MAXIMUM TERM OR THE
PAROLE ELIGIBILITY DATE OF THE PRISONER by the total number of 6,091
days that the prisoner was confined for any reason arising out of 6,092
the offense for which the prisoner was convicted and sentenced, 6,093
including confinement in lieu of bail while awaiting trial, 6,094
confinement for examination to determine the prisoner's 6,096
competence to stand trial or sanity, and confinement while
awaiting transportation to the place where the prisoner is to 6,098
serve the prisoner's prison term.
Sec. 2967.22. Whenever it is brought to the attention of 6,107
the adult parole authority or a county department of probation 6,108
that a parolee, furloughee, probationer, PERSON UNDER 6,109
TRANSITIONAL CONTROL, or releasee appears to be a mentally ill 6,112
149
person subject to hospitalization by court order, as defined in 6,113
section 5122.01 of the Revised Code, or a mentally retarded
person subject to institutionalization by court order, as defined 6,114
in section 5123.01 of the Revised Code, the parole or probation 6,115
officer, subject to the approval of the chief of the adult parole 6,117
authority, the designee of the chief of the adult parole 6,118
authority, or the chief probation officer, may file an affidavit 6,119
under section 5122.11 or 5123.71 of the Revised Code. A parolee, 6,120
probationer, or releasee who is involuntarily detained under 6,122
Chapter 5122. or 5123. of the Revised Code shall receive credit 6,123
against the period of parole or probation or the term of
post-release control for the period of involuntary detention. 6,124
If a parolee, probationer, furloughee PERSON UNDER 6,126
TRANSITIONAL CONTROL, or releasee escapes from an institution or 6,128
facility within the department of mental health or the department 6,129
of mental retardation and developmental disabilities, the 6,130
superintendent of the institution immediately shall notify the 6,131
chief of the adult parole authority or the chief probation 6,132
officer. Notwithstanding the provisions of section 5122.26 of 6,133
the Revised Code, the procedure for the apprehension, detention, 6,134
and return of the parolee, probationer, furloughee PERSON UNDER 6,135
TRANSITIONAL CONTROL, or releasee is the same as that provided 6,136
for the apprehension, detention, and return of persons who escape 6,137
from institutions operated by the department of rehabilitation 6,138
and correction. If the escaped parolee, furloughee PERSON UNDER 6,139
TRANSITIONAL CONTROL, or releasee is not apprehended and returned 6,141
to the custody of the department of mental health or the 6,142
department of mental retardation and developmental disabilities 6,143
within ninety days after the escape, the parolee, furloughee 6,144
PERSON UNDER TRANSITIONAL CONTROL, or releasee shall be 6,145
discharged from the custody of the department of mental health or 6,147
the department of mental retardation and developmental 6,148
disabilities and returned to the custody of the department of 6,149
rehabilitation and correction. If the escaped probationer is not 6,150
150
apprehended and returned to the custody of the department of 6,151
mental health or the department of mental retardation and 6,152
developmental disabilities within ninety days after the escape, 6,153
the probationer shall be discharged from the custody of the 6,154
department of mental health or the department of mental 6,155
retardation and developmental disabilities and returned to the 6,156
custody of the court that sentenced the probationer. 6,157
Sec. 2967.26. (A)(1) Subject to disapproval by the 6,166
sentencing judge, the adult parole authority may grant furloughs 6,168
to trustworthy prisoners, other than those serving a prison term
or term of life imprisonment without parole imposed pursuant to 6,169
section 2971.03 of the Revised Code or a sentence of imprisonment 6,171
for life imposed for an offense committed on or after October 19, 6,172
1981, who are confined in any state correctional institution for 6,173
the purpose of employment, vocational training, educational 6,174
programs, or other programs designated by the director of 6,175
rehabilitation and correction within this state. The adult 6,176
parole authority shall not grant a furlough under this section to 6,177
a prisoner who is serving a prison term or term of life 6,178
imprisonment without parole imposed pursuant to section 2971.03 6,179
of the Revised Code or a sentence of imprisonment for life 6,180
imposed for an offense committed on or after October 19, 1981. 6,181
Additionally, the adult parole authority shall not grant a 6,183
prisoner a furlough under this section if the prisoner has more 6,184
than six months of imprisonment to serve until the prisoner's
parole eligibility, as determined under section 2967.13 of the 6,185
Revised Code, or until the expiration of the prisoner's stated 6,186
prison term THE DEPARTMENT OF REHABILITATION AND CORRECTION, BY 6,187
RULE, MAY ESTABLISH A TRANSITIONAL CONTROL PROGRAM FOR THE 6,188
PURPOSE OF CLOSELY MONITORING A PRISONER'S ADJUSTMENT TO 6,189
COMMUNITY SUPERVISION DURING THE FINAL ONE HUNDRED EIGHTY DAYS OF 6,190
THE PRISONER'S CONFINEMENT. IF THE DEPARTMENT ESTABLISHES A 6,191
TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, THE ADULT 6,192
PAROLE AUTHORITY MAY TRANSFER ELIGIBLE PRISONERS TO TRANSITIONAL 6,193
151
CONTROL STATUS UNDER THE PROGRAM DURING THE FINAL ONE HUNDRED 6,194
EIGHTY DAYS OF THEIR CONFINEMENT AND UNDER THE TERMS AND 6,195
CONDITIONS ESTABLISHED BY THE DEPARTMENT, SHALL PROVIDE FOR THE 6,196
CONFINEMENT AS PROVIDED IN THIS DIVISION OF EACH ELIGIBLE 6,197
PRISONER SO TRANSFERRED, AND SHALL SUPERVISE EACH ELIGIBLE 6,198
PRISONER SO TRANSFERRED IN ONE OR MORE COMMUNITY CONTROL 6,199
SANCTIONS. EACH ELIGIBLE PRISONER WHO IS TRANSFERRED TO 6,200
TRANSITIONAL CONTROL STATUS UNDER THE PROGRAM SHALL BE CONFINED 6,201
IN A SUITABLE FACILITY THAT IS LICENSED PURSUANT TO DIVISION (C) 6,203
OF SECTION 2967.14 OF THE REVISED CODE, OR SHALL BE CONFINED IN A 6,204
RESIDENCE THE DEPARTMENT HAS APPROVED FOR THIS PURPOSE AND BE 6,205
MONITORED PURSUANT TO AN ELECTRONIC MONITORING DEVICE, AS DEFINED 6,207
IN SECTION 2929.23 OF THE REVISED CODE. IF THE DEPARTMENT 6,208
ESTABLISHES A TRANSITIONAL CONTROL PROGRAM UNDER THIS DIVISION, 6,209
THE RULES ESTABLISHING THE PROGRAM SHALL INCLUDE CRITERIA THAT 6,210
DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE PROGRAM, CRITERIA 6,211
THAT MUST BE SATISFIED TO BE APPROVED AS A RESIDENCE THAT MAY BE 6,212
USED FOR CONFINEMENT UNDER THE PROGRAM OF A PRISONER THAT IS 6,213
TRANSFERRED TO IT AND PROCEDURES FOR THE DEPARTMENT TO APPROVE 6,214
RESIDENCES THAT SATISFY THOSE CRITERIA, AND PROVISIONS OF THE 6,215
TYPE DESCRIBED IN DIVISION (C) OF THIS SECTION. AT A MINIMUM, 6,217
THE CRITERIA THAT DEFINE WHICH PRISONERS ARE ELIGIBLE FOR THE 6,218
PROGRAM SHALL PROVIDE ALL OF THE FOLLOWING: 6,219
(a) THAT A PRISONER IS ELIGIBLE FOR THE PROGRAM IF THE 6,222
PRISONER IS SERVING A PRISON TERM OR TERM OF IMPRISONMENT FOR AN 6,223
OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT 6,224
AND IF, AT THE TIME AT WHICH ELIGIBILITY IS BEING DETERMINED, THE 6,225
PRISONER WOULD HAVE BEEN ELIGIBLE FOR A FURLOUGH UNDER THIS 6,226
SECTION AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF 6,227
THIS AMENDMENT OR WOULD HAVE BEEN ELIGIBLE FOR CONDITIONAL 6,228
RELEASE UNDER FORMER SECTION 2967.23 OF THE REVISED CODE AS THAT 6,229
SECTION EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS 6,230
AMENDMENT;
(b) THAT NO PRISONER WHO IS SERVING A MANDATORY PRISON 6,234
152
TERM IS ELIGIBLE FOR THE PROGRAM UNTIL AFTER EXPIRATION OF THE 6,235
MANDATORY TERM;
(c) THAT NO PRISONER WHO IS SERVING A PRISON TERM OR TERM 6,238
OF LIFE IMPRISONMENT WITHOUT PAROLE IMPOSED PURSUANT TO SECTION 6,239
2971.03 OF THE REVISED CODE IS ELIGIBLE FOR THE PROGRAM. 6,241
(2) At least three weeks prior to granting a furlough to a 6,243
prisoner TRANSFERRING TO TRANSITIONAL CONTROL under this section 6,245
A PRISONER WHO IS SERVING A TERM OF IMPRISONMENT OR PRISON TERM 6,246
FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1996, the adult 6,247
parole authority shall give notice of the pendency of the 6,248
furlough TRANSFER TO TRANSITIONAL CONTROL to the court of common 6,249
pleas of the county in which the indictment against the prisoner 6,250
was found and of the fact that the court may disapprove the grant 6,251
TRANSFER of the pending furlough PRISONER TO TRANSITIONAL 6,252
CONTROL. If the court disapproves of the grant TRANSFER of the 6,253
pending furlough PRISONER TO TRANSITIONAL CONTROL, the court 6,254
shall notify the authority of the disapproval within ten days 6,257
after receipt of the notice. If the court timely disapproves the
grant TRANSFER of the pending furlough PRISONER TO TRANSITIONAL 6,259
CONTROL, the authority shall not proceed with the furlough 6,260
TRANSFER. If the court does not timely disapprove the grant 6,261
TRANSFER of the pending furlough PRISONER TO TRANSITIONAL 6,262
CONTROL, the authority may proceed with plans for the furlough 6,263
TRANSFER THE PRISONER TO TRANSITIONAL CONTROL. 6,264
(3) If the victim of an offense for which a prisoner was 6,266
sentenced to a PRISON TERM OR term of imprisonment has requested 6,267
notification under section 2930.16 of the Revised Code and has 6,268
provided the department of rehabilitation and correction with the 6,269
victim's name and address, the adult parole authority, at least 6,270
three weeks prior to granting a furlough to TRANSFERRING the 6,271
prisoner TO TRANSITIONAL CONTROL pursuant to this section, shall 6,272
notify the victim of the pendency of the furlough TRANSFER and of 6,273
the victim's right to submit a statement to the authority 6,275
regarding the impact of the release TRANSFER of the prisoner on 6,277
153
furlough TO TRANSITIONAL CONTROL. If the victim subsequently 6,278
submits a statement of that nature to the authority, the
authority shall consider the statement in deciding whether to 6,279
grant TRANSFER the furlough PRISONER TO TRANSITIONAL CONTROL. 6,281
(B) The department of rehabilitation and correction shall 6,283
place conditions on the release of any prisoner who is granted a 6,284
furlough pursuant to this section. Each furloughed prisoner 6,285
TRANSFERRED TO TRANSITIONAL CONTROL UNDER THIS SECTION shall be 6,286
confined IN THE MANNER DESCRIBED IN DIVISION (A) OF THIS SECTION 6,288
during any period of time that the furloughed prisoner is not 6,289
actually working at the furloughed prisoner's approved
employment, engaged in a vocational training or other ANOTHER 6,291
educational program, engaged in another program designated by the 6,294
director pursuant to division (A) of this section, or engaged in 6,295
other activities approved by the department. The confinement of 6,296
the furloughed prisoner shall be in a suitable facility that has 6,298
been licensed by the division of parole and community services 6,299
pursuant to division (C) of section 2967.14 of the Revised Code. 6,300
The division of parole and community services may enter 6,303
into agreements with any agency, public or private, or a
department or political subdivision of the state, that operates a 6,304
facility that has been licensed by the division pursuant to 6,305
division (C) of section 2967.14 of the Revised Code. An 6,306
agreement shall provide for housing, supervision, and other 6,307
services that are required for furloughed prisoners who are 6,308
assigned to the facility. An agreement shall provide for per 6,309
diem payments to the agency, department, or political subdivision 6,310
on behalf of each furloughed prisoner who is assigned to a 6,311
facility that is operated by the agency, department, or political 6,312
subdivision and that has been licensed by the division. The per 6,313
diem payments shall be equal to the facility's average daily per 6,314
capita costs with its facility at full occupancy. The per diem 6,315
payments shall not exceed the total operating costs of the 6,316
facility during the term of an agreement. The director of 6,317
154
rehabilitation and correction shall adopt rules in accordance 6,318
with Chapter 119. of the Revised Code for determining includable 6,319
and excludable costs and income to be used in computing the 6,320
agency's average daily per capita costs with its facility at full 6,321
occupancy. 6,322
(C) The adult parole authority, subject to approval by the 6,324
director DEPARTMENT of rehabilitation and correction, shall adopt 6,326
rules for granting furloughs TRANSFERRING ELIGIBLE PRISONERS TO 6,327
TRANSITIONAL CONTROL, supervising and confining prisoners on 6,328
furlough SO TRANSFERRED, and administering the furlough 6,330
TRANSITIONAL CONTROL program in accordance with this section, AND 6,331
USING THE MONEYS DEPOSITED INTO THE TRANSITIONAL CONTROL FUND 6,332
ESTABLISHED UNDER DIVISION (E) OF THIS SECTION.
(D) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 6,334
ADOPT RULES FOR THE ISSUANCE OF PASSES FOR THE LIMITED PURPOSES 6,335
DESCRIBED IN THIS DIVISION TO PRISONERS WHO ARE TRANSFERRED TO 6,336
TRANSITIONAL CONTROL UNDER THIS SECTION. IF THE DEPARTMENT 6,337
ADOPTS RULES OF THAT NATURE, THE RULES SHALL GOVERN THE GRANTING 6,338
OF THE PASSES AND SHALL PROVIDE FOR THE SUPERVISION OF PRISONERS 6,339
WHO ARE TEMPORARILY RELEASED PURSUANT TO ONE OF THOSE PASSES. 6,340
UPON THE ADOPTION OF RULES UNDER THIS DIVISION, THE DEPARTMENT 6,342
MAY ISSUE PASSES TO PRISONERS WHO ARE TRANSFERRED TO TRANSITIONAL 6,343
CONTROL STATUS UNDER THIS SECTION IN ACCORDANCE WITH THE RULES 6,344
AND THE PROVISIONS OF THIS DIVISION. ALL PASSES ISSUED UNDER 6,345
THIS DIVISION SHALL BE FOR A MAXIMUM OF FORTY-EIGHT HOURS AND MAY 6,346
BE ISSUED ONLY FOR THE FOLLOWING PURPOSES: 6,347
(1) TO VISIT A DYING RELATIVE; 6,349
(2) TO ATTEND THE FUNERAL OF A RELATIVE; 6,351
(3) TO VISIT WITH FAMILY; 6,353
(4) TO OTHERWISE AID IN THE REHABILITATION OF THE 6,355
PRISONER. 6,356
(E) The adult parole authority may require the A prisoner 6,359
on furlough WHO IS TRANSFERRED TO TRANSITIONAL CONTROL to pay to 6,360
the division of parole and community services the reasonable 6,362
155
expenses incurred by the division in supervising or confining the 6,363
prisoner on furlough WHILE UNDER TRANSITIONAL CONTROL. Inability 6,364
to pay those reasonable expenses shall not be grounds for 6,367
refusing to grant a furlough to TRANSFER an otherwise eligible 6,368
prisoner TO TRANSITIONAL CONTROL. Amounts received by the 6,369
division of parole and community services under this division 6,371
shall be deposited into the furlough services TRANSITIONAL 6,372
CONTROL fund that, WHICH is hereby created in the state treasury 6,374
AND WHICH HEREBY REPLACES AND SUCCEEDS THE FURLOUGH SERVICES FUND 6,375
THAT FORMERLY EXISTED IN THE STATE TREASURY. ALL MONEYS THAT 6,376
REMAIN IN THE FURLOUGH SERVICES FUND ON THE EFFECTIVE DATE OF
THIS AMENDMENT SHALL BE TRANSFERRED ON THAT DATE TO THE 6,377
TRANSITIONAL CONTROL FUND. The TRANSITIONAL CONTROL fund shall 6,378
be used solely to pay costs related to the operation of the 6,379
furlough education and work release program TRANSITIONAL CONTROL 6,380
PROGRAM ESTABLISHED UNDER THIS SECTION. The director of 6,381
rehabilitation and correction shall adopt rules in accordance 6,382
with section 111.15 of the Revised Code for the use of the fund. 6,383
(E)(F) A prisoner who violates any rule established by the 6,385
adult parole authority DEPARTMENT OF REHABILITATION AND 6,387
CORRECTION under division (A), (C), OR (D) of this section may be 6,389
returned TRANSFERRED to the A state correctional institution in 6,390
which the prisoner had been confined prior to furlough PURSUANT 6,392
TO RULES ADOPTED UNDER DIVISION (A), (C), OR (D) OF THIS SECTION, 6,393
but the prisoner shall receive credit towards completing the 6,395
prisoner's sentence for the time spent on furlough UNDER 6,396
TRANSITIONAL CONTROL.
IF A PRISONER IS TRANSFERRED TO TRANSITIONAL CONTROL UNDER 6,398
THIS SECTION, UPON SUCCESSFUL COMPLETION OF THE PERIOD OF 6,399
TRANSITIONAL CONTROL, THE PRISONER MAY BE RELEASED ON PAROLE OR 6,401
UNDER POST-RELEASE CONTROL PURSUANT TO SECTION 2967.13 OR 2967.28 6,402
OF THE REVISED CODE AND RULES ADOPTED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION. IF THE PRISONER IS RELEASED UNDER 6,403
POST-RELEASE CONTROL, THE DURATION OF THE POST-RELEASE CONTROL, 6,405
156
THE TYPE OF POST-RELEASE CONTROL SANCTIONS THAT MAY BE IMPOSED, 6,406
THE ENFORCEMENT OF THE SANCTIONS, AND THE TREATMENT OF PRISONERS 6,407
WHO VIOLATE ANY SANCTION APPLICABLE TO THE PRISONER ARE GOVERNED 6,408
BY SECTION 2967.28 OF THE REVISED CODE. 6,409
Sec. 2967.27. (A)(1) Subject to disapproval by the 6,418
sentencing judge for a furlough granted under divisions (A)(1)(c) 6,419
to (g) of this section, the THE department of rehabilitation and 6,420
correction may grant furloughs ESCORTED VISITS to trustworthy 6,422
prisoners confined in any state correctional facility for the 6,423
custody and rehabilitation of persons convicted of crime, except 6,424
that the department shall not grant a furlough for any purpose 6,425
other than the purposes described in division (A)(1)(a) or (b) of 6,426
this section to a prisoner serving a sentence of life 6,427
imprisonment that was imposed for an offense committed on or 6,428
after October 19, 1981, or to a prisoner serving a prison term or 6,429
term of life imprisonment without parole imposed pursuant to 6,431
section 2971.03 of the Revised Code. The department may 6,432
authorize furloughs under this section for the LIMITED purpose 6,434
of:
(a) Visiting VISITING a dying relative; 6,436
(b) Attending OR ATTENDING the funeral of a relative; 6,438
(c) Arranging for a suitable parole plan, or an 6,440
educational or vocational furlough plan; 6,441
(d) Arranging for employment; 6,443
(e) Arranging for suitable residence; 6,445
(f) Visiting with family; 6,447
(g) Otherwise aiding in the rehabilitation of the inmate. 6,449
(2) At least three weeks prior PRIOR to granting a 6,451
furlough ANY PRISONER AN ESCORTED VISIT FOR THE LIMITED PURPOSE 6,452
OF VISITING A DYING RELATIVE OR ATTENDING THE FUNERAL OF A 6,453
RELATIVE under divisions (A)(1)(c) to (g) of this section, the 6,455
department shall give notice of the pendency of the furlough to 6,456
the court of common pleas of the county in which the indictment 6,458
against the prisoner was found and of the fact that the court may 6,459
157
disapprove the grant of the pending furlough. If the court 6,460
disapproves of the grant, the court shall notify the department
of the disapproval within ten days after receipt of the notice. 6,461
If the court timely disapproves the grant of the pending 6,462
furlough, the department shall not proceed with the furlough. If 6,463
the court does not timely disapprove the grant of the pending 6,464
furlough, the department may proceed with plans for the furlough 6,465
NOTIFY ITS OFFICE OF VICTIMS' SERVICES SO THAT THE OFFICE MAY 6,466
PROVIDE ASSISTANCE TO ANY VICTIM OR VICTIMS OF THE OFFENSE 6,467
COMMITTED BY THE PRISONER AND TO MEMBERS OF THE FAMILY OF THE 6,468
VICTIM.
(3) If the victim of an offense for which a prisoner was 6,470
sentenced to a term of imprisonment has requested notification 6,472
under section 2930.16 of the Revised Code and has provided the
department of rehabilitation and correction with the victim's 6,473
name and address, the department, at least three weeks prior to 6,475
granting a furlough to the prisoner pursuant to divisions 6,476
(A)(1)(c) to (g) of this section and as soon as practicable prior 6,477
to granting a furlough to the prisoner pursuant to division 6,478
(A)(1)(a) or (b) of this section, shall notify the victim of the 6,480
pendency of the furlough and of the victim's right to submit a
statement regarding the impact of the release of the prisoner on 6,482
furlough. If the victim subsequently submits a statement of that 6,484
nature to the department, the department shall consider the 6,485
statement in deciding whether to grant the furlough.
(B) The department of rehabilitation and correction shall 6,487
adopt rules for THE granting furloughs OF ESCORTED VISITS under 6,489
this section, AND FOR supervising prisoners on furlough, and 6,490
administering the furlough program. The rules shall contain the 6,492
following prohibitions:
(1) No prisoner who is serving a sentence of life 6,494
imprisonment that was imposed for an offense committed on or 6,495
after October 19, 1981, or a prison term or term of life 6,496
imprisonment without parole imposed pursuant to section 2971.03 6,497
158
of the Revised Code shall be eligible for a furlough for any 6,498
purpose described in division (A)(1)(a) or (b) of this section 6,499
unless a corrections officer or another corrections staff person 6,500
accompanies the prisoner at all times while on furlough; 6,501
(2) No prisoner shall be eligible for furlough under this 6,505
section who has served less than six months in a state 6,506
correctional institution, except in the situation of attending 6,507
the funeral of a member of the prisoner's immediate family, or 6,508
attending a bedside visit with a member of the prisoner's
immediate family who is ill and bedridden AN ESCORTED VISIT. 6,509
(C) No prisoner shall be granted a furlough AN ESCORTED 6,511
VISIT under this section if the prisoner is likely to pose a 6,513
threat to the public safety or has a record of more than two 6,515
felony commitments (including the present charge), not more than 6,516
one of which may be for a crime of an assaultive nature. 6,517
(D) Furloughs may be granted under this section only upon 6,519
the written approval of the director of the department of 6,520
rehabilitation and correction or if the director deems it 6,521
appropriate, by the assistant director of the department, or the 6,522
wardens within the department. 6,523
(E) Furloughs granted under this section shall be for a 6,526
period no longer than is reasonably necessary to accomplish the 6,527
purposes of this section, but in no event shall a furlough extend 6,528
beyond seven days, nor shall the total furlough time granted to a 6,529
prisoner within any calendar year exceed fourteen days except 6,530
furloughs granted under divisions (A)(1)(c) and (d) of this 6,531
section.
(F) A prisoner who violates any rule established by the 6,533
department of rehabilitation and correction under this section 6,534
may be returned to the state correctional institution from which 6,536
the prisoner was furloughed, but such a violation does not 6,537
constitute cause for denial of credit toward completion of the 6,538
prisoner's sentence of the time the prisoner was on furlough THE 6,539
PROCEDURE FOR GRANTING AN ESCORTED VISIT UNDER THIS SECTION IS 6,540
159
SEPARATE FROM, AND INDEPENDENT OF, THE TRANSITIONAL CONTROL 6,541
PROGRAM DESCRIBED IN SECTION 2967.26 OF THE REVISED CODE. 6,542
Sec. 2967.28. (A) As used in this section: 6,551
(1) "Post-release control" means a period of supervision 6,554
by the adult parole authority after release from imprisonment
that includes one or more post-release control sanctions imposed 6,555
under this section. 6,556
(2) "Post-release control sanction" means a sanction that 6,559
is authorized under sections 2929.16 to 2929.18 of the Revised 6,560
Code and that is imposed upon a prisoner upon the prisoner's 6,561
release from a prison term.
(3) "Monitored time" means the monitored time sanction 6,564
specified in section 2929.17 of the Revised Code. 6,565
(4)(2) "Deadly weapon" and "dangerous ordnance" have the 6,568
same meanings as in section 2923.11 of the Revised Code. 6,569
(5)(3) "Felony sex offense" means a violation of a section 6,571
contained in Chapter 2907. of the Revised Code that is a felony. 6,573
(B) Each sentence to a prison term for a felony of the 6,576
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 6,578
sex offense and in the commission of which the offender caused or 6,579
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of 6,580
post-release control imposed by the parole board after the 6,581
offender's release from imprisonment. Unless reduced by the 6,582
parole board pursuant to division (D) of this section when 6,583
authorized under that division, a period of post-release control 6,585
required by this division for an offender shall be of one of the 6,586
following periods:
(1) For a felony of the first degree or for a felony sex 6,588
offense, five years; 6,589
(2) For a felony of the second degree that is not a felony 6,591
sex offense, three years; 6,592
(3) For a felony of the third degree that is not a felony 6,594
160
sex offense and in the commission of which the offender caused or 6,595
threatened physical harm to a person, three years. 6,596
(C) Any sentence to a prison term for a felony of the 6,599
third, fourth, or fifth degree that is not subject to division 6,600
(B)(1) or (3) of this section shall include a requirement that 6,601
the offender be subject to a period of post-release control of up 6,602
to three years after the offender's release from imprisonment, if 6,603
the parole board, in accordance with division (D) of this 6,604
section, determines that a period of post-release control is 6,605
necessary for that offender.
(D)(1) Before the prisoner is released from imprisonment, 6,608
the parole board shall impose upon a prisoner described in 6,610
division (B) of this section, may impose upon a prisoner 6,611
described in division (C) of this section, and shall impose upon 6,612
a prisoner described in division (B)(2)(b) of section 5120.031 or 6,613
in division (B)(1) of section 5120.032 of the Revised Code, one 6,615
or more post-release control sanctions to apply during the 6,616
prisoner's period of post-release control. Whenever the board
imposes one or more post-release control sanctions upon a 6,617
prisoner, the board, in addition to imposing the sanctions, also 6,618
shall include as a condition of the post-release control the 6,619
mandatory condition described in division (A) of section 2967.131 6,620
of the Revised Code. The board may impose any other conditions 6,621
of release under a post-release control sanction that the board
considers appropriate. Prior to the release of a prisoner for 6,623
whom it will impose one or more post-release control sanctions 6,624
under this division, the parole board shall review the prisoner's 6,625
criminal history, all juvenile court adjudications finding the 6,627
prisoner, while a juvenile, to be a delinquent child, and the 6,628
record of the prisoner's conduct while imprisoned. The parole 6,629
board shall consider any recommendation regarding post-release 6,630
control sanctions for the prisoner made by the office of victims'
services. After considering those materials, the board shall 6,631
determine, for a prisoner described in division (B) of this 6,633
161
section, division (B)(2)(b) of section 5120.031, or division 6,634
(B)(1) of section 5120.032 of the Revised Code, which 6,635
post-release control sanction or combination of post-release 6,636
control sanctions is reasonable under the circumstances or, for a 6,637
prisoner described in division (C) of this section, whether a 6,638
post-release control sanction is necessary and, if so, which 6,639
post-release control sanction or combination of post-release 6,640
control sanctions is reasonable under the circumstances. In the 6,641
case of a prisoner convicted of a felony of the fourth or fifth 6,643
degree other than a felony sex offense, the board shall presume
that monitored time is the appropriate post-release control 6,644
sanction unless the board determines that a more restrictive 6,645
sanction is warranted. A post-release control sanction imposed 6,646
under this division takes effect upon the prisoner's release from 6,647
imprisonment. 6,648
(2) At any time after a prisoner is released from 6,651
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole authority may review 6,654
the releasee's behavior under the post-release control sanctions 6,655
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the 6,656
standards established under division (E) of this section, that a 6,657
more restrictive or a less restrictive sanction is appropriate 6,659
and may impose a different sanction. Unless the period of 6,660
post-release control was imposed for an offense described in 6,661
division (B)(1) of this section, the authority also may recommend 6,662
that the parole board reduce the duration of the period of 6,663
post-release control imposed by the court. If the authority 6,664
recommends that the board reduce the duration of control for an 6,665
offense described in division (B)(2), (B)(3), or (C) of this 6,666
section, the board shall review the releasee's behavior and may 6,668
reduce the duration of the period of control imposed by the 6,669
court. In no case shall the board reduce the duration of the 6,670
period of control imposed by the court for an offense described
162
in division (B)(1) of this section, and in no case shall the 6,671
board eliminate the mandatory condition described in division (A) 6,672
of section 2967.131 of the Revised Code. 6,673
(E) The department of rehabilitation and correction, in 6,675
accordance with Chapter 119. of the Revised Code, shall adopt 6,676
rules that do all of the following: 6,677
(1) Establish standards for the imposition by the parole 6,680
board of post-release control sanctions under this section that 6,681
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised Code and 6,683
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can 6,685
determine which prisoners described in division (C) of this 6,687
section should be placed under a period of post-release control; 6,688
(3) Establish standards to be used by the parole board in 6,691
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this 6,692
section, in imposing a more restrictive post-release control 6,694
sanction than monitored time upon a prisoner convicted of a
felony of the fourth or fifth degree other than a felony sex 6,696
offense, or in imposing a less restrictive control sanction upon 6,698
a releasee based on the releasee's activities including, but not 6,699
limited to, remaining free from criminal activity and from the 6,700
abuse of alcohol or other drugs, successfully participating in 6,701
approved rehabilitation programs, maintaining employment, and
paying restitution to the victim or meeting the terms of other 6,702
financial sanctions; 6,703
(4) Establish standards to be used by the adult parole 6,705
authority in modifying a releasee's post-release control 6,706
sanctions pursuant to division (D)(2) of this section; 6,707
(5) Establish standards to be used by the adult parole 6,709
authority or parole board in imposing further sanctions under 6,710
division (F) of this section on releasees who violate 6,711
post-release control sanctions, including standards that do the 6,712
163
following:
(a) Classify violations according to the degree of 6,714
seriousness;
(b) Define the circumstances under which formal action by 6,717
the parole board is warranted;
(c) Govern the use of evidence at violation hearings; 6,719
(d) Ensure procedural due process to an alleged violator; 6,721
(e) Prescribe nonresidential community control sanctions 6,724
for most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to 6,726
imprisonment for violations of post-release control. 6,727
(F)(1) If a post-release control sanction is imposed upon 6,729
an offender under this section, the offender upon release from 6,731
imprisonment shall be under the general jurisdiction of the adult 6,733
parole authority and generally shall be supervised by the parole 6,734
supervision section through its staff of parole and field
officers as described in section 5149.04 of the Revised Code, as 6,736
if the offender had been placed on parole. If the offender upon 6,737
release from imprisonment violates the post-release control 6,738
sanction or the mandatory condition described in division (A) of 6,739
section 2967.131 of the Revised Code, the public or private
person or entity that operates or administers the sanction or the 6,741
program or activity that comprises the sanction shall report the 6,742
violation directly to the adult parole authority or to the 6,743
officer of the authority who supervises the offender. The 6,744
authority's officers may treat the offender as if the offender 6,745
were on parole and in violation of the parole, and otherwise 6,746
shall comply with this section.
(2) If the adult parole authority determines that a 6,748
releasee has violated a post-release control sanction or the 6,749
mandatory condition described in division (A) of section 2967.131 6,750
of the Revised Code imposed upon the releasee and that a more 6,752
restrictive sanction is appropriate, the authority may impose a 6,753
more restrictive sanction upon the releasee, in accordance with 6,754
164
the standards established under division (E) of this section, or 6,756
may report the violation to the parole board for a hearing
pursuant to division (F)(3) of this section. The authority may 6,758
not, pursuant to this division, increase the duration of the 6,759
releasee's post-release control, impose as a post-release control 6,760
sanction a residential sanction that includes a prison term, or 6,761
eliminate the mandatory condition described in division (A) of 6,762
section 2967.131 of the Revised Code. 6,763
(3) The parole board may hold a hearing on any alleged 6,766
violation by a releasee of a post-release control sanction or the 6,767
mandatory condition described in division (A) of section 2967.131 6,768
of the Revised Code imposed upon the releasee. If after the
hearing the board finds that the releasee violated the sanction 6,771
or mandatory condition, the board may increase the duration of 6,773
the releasee's post-release control up to the maximum duration 6,774
authorized by division (B) or (C) of this section or impose a 6,775
more restrictive post-release control sanction, but in no case 6,776
shall the board eliminate the mandatory condition described in 6,777
division (A) of section 2967.131 of the Revised Code. When 6,778
appropriate, the board may impose as a post-release control 6,779
sanction a residential sanction that includes a prison term. The 6,781
board shall consider a prison term as a post-release control
sanction imposed for a violation of post-release control when the 6,782
violation involves a deadly weapon or dangerous ordnance, 6,784
physical harm or attempted serious physical harm to a person, or 6,785
sexual misconduct, or when the releasee committed repeated 6,786
violations of post-release control sanctions. The period of a 6,787
prison term that is imposed as a post-release control sanction 6,789
under this division shall not exceed nine months, and the maximum 6,790
cumulative prison term for all violations under this section 6,791
shall not exceed one-half of the stated prison term originally 6,792
imposed upon the offender as part of this sentence. The period 6,793
of a prison term that is imposed as a post-release control 6,794
sanction under this division shall not count as, or be credited 6,795
165
toward, the remaining period of post-release control.
(4) A releasee who has violated any post-release control 6,798
sanction or the mandatory condition described in division (A) of 6,799
section 2967.131 of the Revised Code imposed upon the releasee by
committing a felony may be prosecuted for the new felony, and, 6,801
upon conviction, the court shall impose sentence for the new 6,802
felony. In addition to the sentence imposed for the new felony, 6,803
the court may impose a prison term for the violation, and the 6,804
term imposed for the violation shall be reduced by the prison 6,805
term that is administratively imposed by the parole board or 6,806
adult parole authority as a post-release control sanction. The
maximum prison term for the violation shall be either the maximum 6,808
period of post-release control for the earlier felony under
division (B) or (C) of this section minus any time the releasee 6,811
has spent under post-release control for the earlier felony or 6,812
twelve months, whichever is greater. A prison term imposed for 6,813
the violation shall be served consecutively to any prison term 6,814
imposed for the new felony. A prison term imposed for the 6,815
violation, and a prison term imposed for the new felony, shall
not count as, or be credited toward, the remaining period of 6,816
post-release control imposed for the earlier felony. 6,817
(5) Any period of post-release control shall commence upon 6,819
an offender's actual release from prison. If an offender is 6,820
serving an indefinite prison term or a life sentence in addition 6,821
to a stated prison term, the offender shall serve the period of 6,822
post-release control in the following manner: 6,823
(a) If a period of post-release control is imposed upon 6,825
the offender and if the offender also is subject to a period of 6,826
parole under a life sentence or an indefinite sentence, and if 6,827
the period of post-release control ends prior to the period of 6,828
parole, the offender shall be supervised on parole. The offender 6,829
shall receive credit for post-release control supervision during 6,830
the period of parole. The offender is not eligible for final 6,831
release under section 2967.16 of the Revised Code until the
166
post-release control period otherwise would have ended. 6,832
(b) If a period of post-release control is imposed upon 6,834
the offender and if the offender also is subject to a period of 6,835
parole under an indefinite sentence, and if the period of parole 6,836
ends prior to the period of post-release control, the offender 6,837
shall be supervised on post-release control. The requirements of 6,838
parole supervision shall be satisfied during the post-release 6,839
control period.
(c) If an offender is subject to more than one period of 6,841
post-release control, the period of post-release control for all 6,842
of the sentences shall be the period of post-release control that 6,843
expires last, as determined by the parole board. Periods of 6,844
post-release control shall be served concurrently and shall not 6,845
be imposed consecutively to each other.
(d) The period of post-release control for a releasee who 6,848
commits a felony while under post-release control for an earlier 6,849
felony shall be the longer of the period of post-release control 6,850
specified for the new felony under division (B) or (C) of this 6,851
section or the time remaining under the period of post-release 6,852
control imposed for the earlier felony as determined by the 6,853
parole board.
Sec. 2969.21. As used in sections 2969.21 to 2969.27 of 6,862
the Revised Code: 6,863
(A) "Clerk" means the elected or appointed clerk of any 6,865
court in this state, except the court of claims, in which an 6,866
inmate has commenced a civil action or has filed an appeal of the 6,867
judgment or order in a civil action of that nature. 6,868
(B)(1) "Civil action or appeal against a government entity 6,870
or employee" means any of the following: 6,871
(a) A civil action that an inmate commences against the 6,874
state, a political subdivision, or an employee of the state or a
political subdivision in a court of common pleas, court of 6,875
appeals, county court, or municipal court or in the supreme 6,876
court;
167
(b) An appeal of the judgment or order in a civil action 6,879
of the type described in division (B)(1)(a) of this section that 6,881
an inmate files in a court of appeals or in the supreme court.
(2) "Civil action or appeal against a governmental entity 6,883
or employee" does not include any civil action that an inmate 6,884
commences against the state, a political subdivision, or an 6,885
employee of the state or a political subdivision in the court of 6,887
claims or an appeal of the judgment or order entered by the court 6,888
of claims in a civil action of that nature, that an inmate files
in a court of appeals or the supreme court. 6,889
(C) "Employee" means an officer or employee of the state 6,892
or of a political subdivision who is acting under color of state
law.
(D) "Inmate" means a person who is in actual confinement 6,895
in a state correctional institution or in a county, multicounty, 6,896
municipal, municipal-county, or multicounty-municipal jail or 6,897
workhouse OR A RELEASEE WHO IS SERVING A SANCTION IN A VIOLATION 6,898
SANCTION CENTER.
(E) "Inmate account" means an account maintained by the 6,901
department of rehabilitation and correction under rules adopted 6,902
by the director of rehabilitation and correction pursuant to 6,903
section 5120.01 of the Revised Code or a similar account 6,904
maintained by a sheriff or any other administrator of a jail or 6,905
workhouse OR BY THE ADMINISTRATOR OF A VIOLATION SANCTION CENTER. 6,906
(F) "Political subdivision" means a county, township, 6,908
city, or village; the office of an elected officer of a county, 6,909
township, city, or village; or a department, board, office, 6,910
commission, agency, institution, or other instrumentality of a 6,911
county, township, city, or village.
(G) "State" has the same meaning as in section 2743.01 of 6,913
the Revised Code. 6,914
(H) "State correctional institution" has the same meaning 6,917
as in section 2967.01 of the Revised Code. 6,918
(I) "VIOLATION SANCTION CENTER" MEANS AN ALTERNATIVE 6,920
168
RESIDENTIAL FACILITY THAT HOUSES RELEASEES WHO HAVE VIOLATED A 6,921
POST-RELEASE CONTROL SANCTION OR THE TERMS AND CONDITIONS OF 6,922
PAROLE OR OF A CONDITIONAL PARDON AND THAT IS OPERATED PURSUANT 6,923
TO SECTION 2967.141 OF THE REVISED CODE.
Sec. 2969.22. (A)(1) Whenever an inmate commences a civil 6,932
action or appeal against a government entity or employee on or 6,933
after the effective date of this section OCTOBER 17, 1996, all of 6,935
the following apply:
(a) The clerk of the court in which the civil action or 6,937
appeal is filed shall notify the inmate and either the department 6,938
of rehabilitation and correction or, if the inmate is confined in 6,939
a jail or workhouse, the sheriff or other administrator of the 6,941
jail or workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION 6,942
CENTER, WHICHEVER HAS PHYSICAL CUSTODY OF THE INMATE, of the 6,943
deductions and procedures required by divisions (A) to (D) of 6,944
this section, and shall identify in the notice the civil action 6,945
or appeal by case name, case number, name of each party, and the 6,946
court in which the civil action or appeal was brought. 6,947
(b) The clerk of the court in which the civil action or 6,949
appeal is filed shall charge to the inmate either the total 6,950
payment of the requisite fees that are described in section 6,951
2303.20 of the Revised Code or that otherwise are applicable to 6,953
actions or appeals filed in that court or, if the inmate has
submitted an affidavit of indigency, all funds in the inmate 6,955
account of that inmate in excess of ten dollars, and shall notify
the inmate of the charge. 6,956
(c) Unless the amount charged under division (A)(1)(b) of 6,959
this section constitutes the total amount of the requisite fees, 6,960
all income in the inmate account of the inmate shall be forwarded 6,961
to the clerk of the court during each calendar month following 6,962
the month in which the inmate filed the civil action or appeal
until the total payment of the requisite fees occurs. The first 6,963
ten dollars in the inmate account of the inmate each month shall 6,965
be excluded from that forwarding requirement. If multiple
169
charges are assessed to an inmate account under this division, 6,966
charges shall be calculated on the basis of the inmate's total 6,967
income and shall be paid as described in this division until the 6,968
charges exceed one hundred per cent of nonexcluded funds in the 6,969
inmate account; thereafter, all unpaid fees shall be paid 6,970
simultaneously from the inmate account of the inmate to the
appropriate court or courts pro rata. 6,971
(d) Upon receipt of the notice of the requisite fees 6,973
payable pursuant to divisions (A)(1)(a) to (c) of this section, 6,975
the department, sheriff, or other administrator of the jail or 6,976
workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION CENTER 6,977
shall deduct from the inmate account of the inmate and transmit 6,978
to the clerk of the appropriate court the appropriate amounts of 6,979
the requisite fees as described in divisions (A)(1)(b) and (c) of 6,980
this section.
(2) The procedures described in this section apply 6,982
notwithstanding any contrary court rule or the filing of a 6,983
poverty affidavit.
(3) This section does not limit the clerk of a court of 6,985
common pleas, court of appeals, county court, or municipal court 6,986
or the clerk of the supreme court from considering any other 6,987
inmate resources separate and apart from an inmate account of an 6,988
inmate in evaluating the inmate's ability to pay court costs, 6,989
fees, awards, or other amounts.
(B) An inmate who commences a civil action or appeal 6,991
against a governmental entity or employee on or after the 6,992
effective date of this section OCTOBER 17, 1996, shall be 6,994
considered to have authorized payment as the plaintiff in the
civil action or the appellant in the appeal of the requisite fees 6,995
that are described in section 2303.20 of the Revised Code or that 6,996
otherwise are applicable to actions or appeals filed in the court 6,997
in which the action or appeal is filed, using the procedures set 6,998
forth in this section, until total payment of the requisite fees. 6,999
(C)(1) If an inmate files a civil action or appeal against 7,001
170
a government entity or employee on or after the effective date of 7,003
this section OCTOBER 17, 1996, upon the termination of the civil 7,004
action or appeal, the clerk of the court in which the action or 7,006
appeal was filed shall notify the department of rehabilitation 7,007
and correction or, if the inmate is confined in a jail or 7,009
workhouse, the sheriff or other administrator of the jail or
workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION CENTER 7,010
of the outcome of the civil action or appeal and shall identify 7,011
the civil action or appeal by case name, case number, name of 7,012
each party, and the court in which the civil action or appeal was 7,013
brought.
(2) The department of rehabilitation and correction or, 7,015
the sheriff or other administrator of a jail or workhouse, OR THE 7,017
ADMINISTRATOR OF THE VIOLATION SANCTION CENTER shall keep in the 7,018
inmate's file a record of the information supplied by the clerk 7,021
of the appropriate court under division (C)(1) of this section. 7,022
(D) If an inmate is to be released from confinement prior 7,024
to the total payment of the requisite fees as provided in 7,026
divisions (A) and (B) of this section, the department of 7,028
rehabilitation and correction or, if the confinement was in a
jail or workhouse, the sheriff or other administrator of the jail 7,029
or workhouse, OR THE ADMINISTRATOR OF THE VIOLATION SANCTION 7,030
CENTER, WHICHEVER HAS PHYSICAL CUSTODY OF THE INMATE, shall 7,031
inform the clerk of the court of common pleas, court of appeals, 7,033
county court, municipal court, or supreme court of the release. 7,034
The department, sheriff, or other administrator of the jail or 7,036
workhouse, OR ADMINISTRATOR OF THE VIOLATION SANCTION CENTER 7,037
shall deduct from the inmate account of the inmate in the month 7,039
of the inmate's release from custody an amount sufficient to pay 7,040
the remainder of the requisite fees owed and transmit that amount 7,041
to the clerk. If there are insufficient funds in the inmate 7,042
account of the inmate to totally pay the requisite fees, the 7,043
department, sheriff, or other administrator of the jail or 7,044
workhouse, OR ADMINISTRATOR OF THE VIOLATION SANCTION CENTER 7,045
171
shall deduct the balance of the account and transmit that amount 7,047
to the clerk. The clerk shall inform the court of the amount of 7,048
the requisite fees still owed.
Sec. 2969.24. (A) If an inmate files a civil action or 7,057
appeal against a government entity or employee, the court in 7,058
which the action or appeal is filed, on its own motion or on the 7,060
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: 7,061
(1) The allegation of indigency in a poverty affidavit 7,063
filed by the inmate is false. 7,064
(2) The claim that is the basis of the civil action or the 7,066
issues of law that are the basis of the appeal are frivolous or 7,067
malicious.
(3) The inmate filed an affidavit required by section 7,069
2969.25 or 2969.26 of the Revised Code that was materially false. 7,071
(B) For the purposes of this section, in determining 7,074
whether a claim that is the basis of the civil action or the 7,075
issues of law that are the basis of the appeal are frivolous or 7,076
malicious, the court may consider whether any of the following 7,077
applies:
(1) The claim fails to state a claim or the issues of law 7,079
fail to state any issues of law. 7,080
(2) The claim has no arguable basis in law or fact or the 7,082
issues of law have no arguable basis in law. 7,083
(3) It is clear that the inmate cannot prove material 7,085
facts in support of the claim or in support of the issues of law. 7,086
(4) The claim that is the basis of the civil action is 7,088
substantially similar to a claim in a previous civil action filed 7,090
by the inmate or the issues of law that are the basis of the 7,091
appeal are substantially similar to issues of law raised in a 7,092
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 7,093
are the basis of the current appeal involve the same parties or 7,094
arise from the same operative facts as the claim or issues of law 7,095
172
in the previous civil action or appeal.
(C) If a party files a motion requesting the dismissal of 7,097
a civil action or appeal under division (A) of this section, the 7,098
court shall hold a hearing on the motion. If the court raises 7,099
the issue of the dismissal of a civil action or appeal under 7,100
division (A) of this section by its own motion, the court may 7,101
hold a hearing on the motion. If practicable, the court may hold 7,103
the hearing described in this division by telephone or, in the
alternative, at the state correctional institution, jail, or 7,105
workhouse, OR VIOLATION SANCTION CENTER in which the inmate is 7,106
confined. 7,107
(D) On the filing of a motion for dismissal of a civil 7,109
action under division (A) of this section, the court may suspend 7,111
discovery relating to the civil action pending the determination 7,112
of the motion.
(E) Divisions (A) to (D) of this section do not limit the 7,115
authority of the court in which the civil action or appeal is
filed to otherwise dismiss the civil action or appeal. 7,116
Sec. 2969.26. (A) If an inmate commences a civil action 7,125
or appeal against a government entity or employee and if the 7,126
inmate's claim in the civil action or the inmate's claim in the 7,127
civil action that is being appealed is subject to the grievance 7,129
system for the state correctional institution, jail, or 7,130
workhouse, OR VIOLATION SANCTION CENTER in which the inmate is 7,131
confined, the inmate shall file both of the following with the 7,132
court:
(1) An affidavit stating that the grievance was filed and 7,135
the date on which the inmate received the decision regarding the
grievance. 7,136
(2) A copy of any written decision regarding the grievance 7,139
from the grievance system.
(B) If the civil action or appeal is commenced before the 7,141
grievance system process is complete, the court shall stay the 7,143
civil action or appeal for a period not to exceed one hundred 7,144
173
eighty days to permit the completion of the grievance system 7,145
process.
Sec. 3313.65. (A) As used in this section and section 7,154
3313.64 of the Revised Code: 7,155
(1) A person is "in a residential facility" if the person 7,157
is a resident or a resident patient of an institution, home, or 7,158
other residential facility that is: 7,159
(a) Licensed as a nursing home, residential care facility, 7,161
or home for the aging by the director of health under section 7,163
3721.02 of the Revised Code or licensed as a community 7,164
alternative home by the director of health under section 3724.03 7,165
of the Revised Code;
(b) Licensed as an adult care facility by the director of 7,167
health under Chapter 3722. of the Revised Code; 7,168
(c) Maintained as a county home or district home by the 7,170
board of county commissioners or a joint board of county 7,171
commissioners under Chapter 5155. of the Revised Code; 7,172
(d) Operated or administered by a board of alcohol, drug 7,174
addiction, and mental health services under section 340.03 or 7,175
340.06 of the Revised Code, or provides residential care pursuant 7,176
to contracts made under section 340.03 or 340.033 of the Revised 7,177
Code; 7,178
(e) Maintained as a state institution for the mentally ill 7,180
under Chapter 5119. of the Revised Code; 7,181
(f) Licensed by the department of mental health under 7,183
section 5119.20 or 5119.22 of the Revised Code; 7,184
(g) Licensed as a residential facility by the department 7,186
of mental retardation and developmental disabilities under 7,187
section 5123.19 of the Revised Code; 7,188
(h) Operated by the veteran's administration or another 7,190
agency of the United States government; 7,191
(i) The Ohio soldiers' and sailors' home. 7,193
(2) A person is "in a correctional facility" if any of the 7,195
following apply: 7,196
174
(a) The person is an Ohio resident and is: 7,198
(i) Imprisoned, as defined in section 1.05 of the Revised 7,200
Code; 7,201
(ii) Serving a term in a community-based correctional 7,203
facility or a district community-based correctional facility; 7,204
(iii) Required, as a condition of parole, shock parole, 7,206
probation, shock probation, furlough TRANSITIONAL CONTROL, or 7,208
early release from imprisonment, AS A CONDITION OF SHOCK PAROLE 7,209
OR SHOCK PROBATION GRANTED UNDER THE LAW IN EFFECT PRIOR TO JULY 7,210
1, 1996, OR AS A CONDITION OF A FURLOUGH GRANTED UNDER THE 7,211
VERSION OF SECTION 2967.26 OF THE REVISED CODE IN EFFECT PRIOR TO 7,212
THE EFFECTIVE DATE OF THIS AMENDMENT to reside in a halfway house 7,213
or other community residential center licensed under section 7,214
2967.14 of the Revised Code or a similar facility designated by 7,215
the common pleas court that established the condition or by the 7,216
adult parole authority.
(b) The person is imprisoned in a state correctional 7,218
institution of another state or a federal correctional 7,219
institution but was an Ohio resident at the time the sentence was 7,220
imposed for the crime for which the person is imprisoned. 7,221
(3) A person is "in a juvenile residential placement" if 7,223
the person is an Ohio resident who is under twenty-one years of 7,224
age and has been removed, by the order of a juvenile court, from 7,225
the place the person resided at the time the person became 7,226
subject to the court's jurisdiction in the matter that resulted 7,227
in the person's removal.
(B) If the circumstances described in division (C) of this 7,229
section apply, the determination of what school district must 7,230
admit a child to its schools and what district, if any, is liable 7,231
for tuition shall be made in accordance with this section, rather 7,232
than section 3313.64 of the Revised Code. 7,233
(C) A child who does not reside in the school district in 7,235
which the child's parent resides and for whom a tuition 7,236
obligation previously has not been established under division 7,237
175
(C)(2) of section 3313.64 of the Revised Code shall be admitted 7,238
to the schools of the district in which the child resides if at 7,239
least one of the child's parents is in a residential or 7,240
correctional facility or a juvenile residential placement and the 7,241
other parent, if living and not in such a facility or placement, 7,242
is not known to reside in this state. 7,243
(D) Regardless of who has custody or care of the child, 7,245
whether the child resides in a home, or whether the child 7,246
receives special education, if a district admits a child under 7,247
division (C) of this section, tuition shall be paid to that 7,248
district as follows:
(1) If the child's parent is in a juvenile residential 7,250
placement, by the district in which the child's parent resided at 7,251
the time the parent became subject to the jurisdiction of the 7,252
juvenile court; 7,253
(2) If the child's parent is in a correctional facility, 7,255
by the district in which the child's parent resided at the time 7,256
the sentence was imposed; 7,257
(3) If the child's parent is in a residential facility, by 7,259
the district in which the parent resided at the time the parent 7,260
was admitted to the residential facility, except that if the 7,261
parent was transferred from another residential facility, tuition 7,262
shall be paid by the district in which the parent resided at the 7,263
time the parent was admitted to the facility from which the 7,264
parent first was transferred; 7,265
(4) In the event of a disagreement as to which school 7,267
district is liable for tuition under division (C)(1), (2), or (3) 7,268
of this section, the superintendent of public instruction shall 7,269
determine which district shall pay tuition. 7,270
(E) If a child covered by division (D) of this section 7,272
receives special education in accordance with Chapter 3323. of 7,273
the Revised Code, the tuition shall be paid in accordance with 7,274
section 3323.13 or 3323.14 of the Revised Code. Tuition for 7,275
children who do not receive special education shall be paid in 7,276
176
accordance with division (I) of section 3313.64 of the Revised 7,277
Code. 7,278
Sec. 5120.031. (A) As used in this section: 7,288
(1) "Certificate of high school equivalence" means a 7,290
statement that is issued by the state board of education or an 7,291
equivalent agency of another state and that indicates that its 7,292
holder has achieved the equivalent of a high school education as 7,293
measured by scores obtained on the tests of general educational 7,294
development published by the American council on education. 7,295
(2) "Certificate of adult basic education" means a 7,297
statement that is issued by the department of rehabilitation and 7,298
correction through the Ohio central school system approved by the 7,299
state board of education and that indicates that its holder has 7,300
achieved a 6.0 grade level, or higher, as measured by scores of 7,301
nationally standardized or recognized tests. 7,302
(3) "Deadly weapon" and "firearm" have the same meanings 7,304
as in section 2923.11 of the Revised Code. 7,305
(4) "Eligible offender" means a person, other than one who 7,307
is ineligible to participate in an intensive program prison under 7,309
the criteria specified in section 5120.032 of the Revised Code, 7,310
who has been convicted of or pleaded guilty to, and has been 7,312
sentenced for, a felony.
(5) "Shock incarceration" means the program of 7,314
incarceration that is established pursuant to the rules of the 7,315
department of rehabilitation and correction adopted under this 7,316
section. 7,317
(B)(1) The director of rehabilitation and correction, by 7,319
rules adopted under Chapter 119. of the Revised Code, shall 7,320
establish a pilot program of shock incarceration that may be used 7,321
for eligible offenders who are sentenced to serve a term of 7,322
imprisonment under the custody of the department of 7,323
rehabilitation and correction and whom the department, subject to 7,324
the approval of the sentencing judge, may permit to serve their 7,326
sentence as a sentence of shock incarceration in accordance with 7,327
177
this section.
(2) The rules for the pilot program shall require that the 7,329
program be established at an appropriate state correctional 7,330
institution designated by the director and that the program 7,331
consist of both of the following for each eligible offender whom 7,333
the department, with the approval of the sentencing judge, 7,335
permits to serve the eligible offender's sentence as a sentence 7,336
of shock incarceration: 7,337
(a) A period of imprisonment at that institution of ninety 7,339
days that shall consist of a military style combination of 7,340
discipline, physical training, and hard labor and substance abuse 7,341
education, employment skills training, social skills training, 7,342
and psychological treatment. During the ninety-day period, the 7,343
department may permit an eligible offender to participate in a 7,344
self-help program. Additionally, during the ninety-day period, 7,345
an eligible offender who holds a high school diploma or a 7,346
certificate of high school equivalence may be permitted to tutor 7,347
other eligible offenders in the shock incarceration program. If 7,348
an eligible offender does not hold a high school diploma or 7,349
certificate of high school equivalence, the eligible offender may 7,350
elect to participate in an education program that is designed to 7,352
award a certificate of adult basic education or an education 7,353
program that is designed to award a certificate of high school 7,354
equivalence to those eligible offenders who successfully complete 7,355
the education program, whether the completion occurs during or 7,356
subsequent to the ninety-day period. To the extent possible, the 7,357
department shall use as teachers in the education program persons 7,358
who have been issued a license pursuant to sections 3319.22 to 7,359
3319.31 of the Revised Code, who have volunteered their services 7,360
to the education program, and who satisfy any other criteria 7,361
specified in the rules for the pilot project. 7,362
(b) Immediately following the ninety-day period of 7,364
imprisonment, and notwithstanding any other provision governing 7,365
the furlough or other early release of a prisoner from 7,366
178
imprisonment OR THE TRANSFER OF A PRISONER TO TRANSITIONAL 7,367
CONTROL, one of the following, as determined by the director: 7,368
(i) An intermediate, transitional type of detention for 7,371
the period of time determined by the director and, immediately 7,372
following the intermediate, transitional type of detention, a 7,373
release under a post-release control sanction imposed in 7,374
accordance with section 2967.28 of the Revised Code. The period 7,376
of intermediate, transitional type of detention imposed by the 7,377
director under this division may be in a halfway house, in a 7,378
community-based correctional facility and program or district 7,379
community-based correctional facility and program established 7,380
under sections 2301.51 to 2301.56 of the Revised Code, or in any 7,381
other facility approved by the director that provides for 7,382
detention to serve as a transition between imprisonment in a 7,383
state correctional institution and release from imprisonment. 7,384
(ii) A release under a post-release control sanction 7,387
imposed in accordance with section 2967.28 of the Revised Code. 7,388
(3) The rules for the pilot program also shall include, 7,390
but are not limited to, all of the following: 7,391
(a) Rules identifying the locations within the state 7,393
correctional institution designated by the director that will be 7,394
used for eligible offenders serving a sentence of shock 7,395
incarceration; 7,396
(b) Rules establishing specific schedules of discipline, 7,398
physical training, and hard labor for eligible offenders serving 7,399
a sentence of shock incarceration, based upon the offender's 7,400
physical condition and needs; 7,401
(c) Rules establishing standards and criteria for the 7,403
department to use in determining which eligible offenders the 7,404
department will permit to serve their sentence of imprisonment as 7,405
a sentence of shock incarceration; 7,406
(d) Rules establishing guidelines for the selection of 7,410
post-release control sanctions for eligible offenders; 7,412
(e) Rules establishing procedures for notifying 7,415
179
sentencing courts of the performance of eligible offenders 7,416
serving their sentences of imprisonment as a sentence of shock 7,417
incarceration; 7,418
(f) Any other rules that are necessary for the proper 7,421
conduct of the pilot program.
(C)(1) Subject to disapproval by the sentencing judge, if 7,423
an eligible offender is sentenced to a term of imprisonment under 7,425
the custody of the department, the department may permit the 7,426
eligible offender to serve the sentence as a sentence of shock 7,427
incarceration, in accordance with this section and the rules 7,428
adopted under this section. At least three weeks prior to
permitting an eligible offender to serve a sentence of shock 7,431
incarceration, the department shall notify the sentencing judge
of the proposed shock incarceration and of the fact that the 7,432
judge may disapprove it. If the sentencing judge disapproves of 7,434
shock incarceration for the eligible offender, the judge shall 7,435
notify the department of the disapproval within ten days after
receipt of the notice, and the department shall not permit the 7,437
eligible offender to serve a sentence of shock incarceration. If 7,438
the judge does not timely disapprove of shock incarceration for 7,439
the eligible offender, the department may proceed with plans for 7,440
the shock incarceration.
(2) If the department permits an eligible offender to 7,442
serve the eligible offender's sentence of imprisonment as a 7,443
sentence of shock incarceration and the eligible offender does 7,444
not satisfactorily complete the entire period of imprisonment 7,445
described in division (B)(2)(a) of this section, the offender 7,446
shall be removed from the pilot program for shock incarceration 7,447
and shall be required to serve the remainder of the offender's 7,448
sentence of imprisonment imposed by the sentencing court as a 7,450
regular term of imprisonment. If the eligible offender commences 7,451
a period of post-release control described in division (B)(2)(b) 7,453
of this section and violates the conditions of that post-release 7,454
control, the eligible offender shall be subject to the provisions 7,455
180
of sections 2967.15 and 2967.28 of the Revised Code regarding 7,457
violation of post-release control sanctions.
(3) If an eligible offender's stated prison term expires 7,461
at any time during the eligible offender's participation in the 7,463
shock incarceration program, the adult parole authority shall 7,464
terminate the eligible offender's participation in the program 7,466
and shall issue to the eligible offender a certificate of 7,468
expiration of the stated prison term. 7,469
(D) The director shall keep sentencing courts informed of 7,471
the performance of eligible offenders serving their sentences of 7,472
imprisonment as a sentence of shock incarceration, including, but 7,473
not limited to, notice of eligible offenders who fail to 7,474
satisfactorily complete their entire sentence of shock 7,475
incarceration or who satisfactorily complete their entire 7,476
sentence of shock incarceration. 7,477
(E) Within a reasonable period of time after November 20, 7,480
1990, the director shall appoint a committee to search for one or 7,483
more suitable sites at which one or more programs of shock 7,484
incarceration, in addition to the pilot program required by 7,485
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's 7,486
designee, as chairman CHAIRPERSON; employees of the department of 7,488
rehabilitation and correction appointed by the director; and any 7,489
other persons that the director, in the director's discretion, 7,490
appoints. In searching for such sites, the search committee 7,492
shall give preference to any site owned by the state or any other 7,493
governmental entity and to any existing structure that reasonably 7,494
could be renovated, enlarged, converted, or remodeled for 7,495
purposes of establishing such a program. The search committee 7,496
shall prepare a report concerning its activities and, on the 7,497
earlier of the day that is twelve months after the first day on 7,498
which an eligible offender began serving a sentence of shock 7,499
incarceration under the pilot program or January 1, 1992, shall 7,500
file the report with the president and the minority leader of the 7,501
181
senate, the speaker and the minority leader of the house of 7,502
representatives, the members of the senate who were members of 7,503
the senate judiciary committee in the 118th general assembly or 7,504
their successors, and the members of the house of representatives 7,505
who were members of the select committee to hear drug legislation 7,506
that was established in the 118th general assembly or their 7,507
successors. Upon the filing of the report, the search committee 7,508
shall terminate. The report required by this division shall 7,509
contain all of the following: 7,510
(1) A summary of the process used by the search committee 7,512
in performing its duties under this division; 7,513
(2) A summary of all of the sites reviewed by the search 7,515
committee in performing its duties under this division, and the 7,516
benefits and disadvantages it found relative to the establishment 7,517
of a program of shock incarceration at each such site; 7,518
(3) The findings and recommendations of the search 7,520
committee as to the suitable site or sites, if any, at which a 7,521
program of shock incarceration, in addition to the pilot program 7,522
required by division (B)(1) of this section, may be established. 7,523
(F) The director periodically shall review the pilot 7,525
program for shock incarceration required to be established by 7,526
division (B)(1) of this section. The director shall prepare a 7,527
report relative to the pilot program and, on the earlier of the 7,528
day that is twelve months after the first day on which an 7,529
eligible offender began serving a sentence of shock incarceration 7,530
under the pilot program or January 1, 1992, shall file the report 7,531
with the president and the minority leader of the senate, the 7,532
speaker and the minority leader of the house of representatives, 7,533
the members of the senate who were members of the senate 7,534
judiciary committee in the 118th general assembly or their 7,535
successors, and the members of the house of representatives who 7,536
were members of the select committee to hear drug legislation 7,537
that was established in the 118th general assembly or their 7,538
successors. The pilot program shall not terminate at the time of 7,539
182
the filing of the report, but shall continue in operation in 7,540
accordance with this section. The report required by this 7,541
division shall include all of the following: 7,542
(1) A summary of the pilot program as initially 7,544
established, a summary of all changes in the pilot program made 7,545
during the period covered by the report and the reasons for the 7,546
changes, and a summary of the pilot program as it exists on the 7,547
date of preparation of the report; 7,548
(2) A summary of the effectiveness of the pilot program, 7,550
in the opinion of the director and employees of the department 7,551
involved in its operation; 7,552
(3) An analysis of the total cost of the pilot program, of 7,554
its cost per inmate who was permitted to serve a sentence of 7,555
shock incarceration and who served the entire sentence of shock 7,556
incarceration, and of its cost per inmate who was permitted to 7,557
serve a sentence of shock incarceration; 7,558
(4) A summary of the standards and criteria used by the 7,560
department in determining which eligible offenders were permitted 7,561
to serve their sentence of imprisonment as a sentence of shock 7,562
incarceration; 7,563
(5) A summary of the characteristics of the eligible 7,565
offenders who were permitted to serve their sentence of 7,566
imprisonment as a sentence of shock incarceration, which summary 7,567
shall include, but not be limited to, a listing of every offense 7,568
of which any such eligible offender was convicted or to which any 7,569
such eligible offender pleaded guilty and in relation to which 7,570
the eligible offender served a sentence of shock incarceration, 7,572
and the total number of such eligible offenders who were 7,573
convicted of or pleaded guilty to each such offense; 7,574
(6) A listing of the number of eligible offenders who were 7,576
permitted to serve a sentence of shock incarceration and who did 7,577
not serve the entire sentence of shock incarceration, and, to the 7,578
extent possible, a summary of the length of the terms of 7,579
imprisonment served by such eligible offenders after they were 7,580
183
removed from the pilot program; 7,581
(7) A summary of the effect of the pilot program on 7,583
overcrowding at state correctional institutions; 7,584
(8) To the extent possible, an analysis of the rate of 7,586
recidivism of eligible offenders who were permitted to serve a 7,587
sentence of shock incarceration and who served the entire 7,588
sentence of shock incarceration; 7,589
(9) Recommendations as to legislative changes to the pilot 7,591
program that would assist in its operation or that could further 7,592
alleviate overcrowding at state correctional institutions, and 7,593
recommendations as to whether the pilot program should be 7,594
expanded. 7,595
Sec. 5120.05. Except as otherwise provided as to 7,604
appointments by chiefs of divisions, the director of 7,605
rehabilitation and correction shall appoint the employees that 7,606
are necessary for the efficient conduct of the department of 7,607
rehabilitation and correction and shall prescribe their titles 7,608
and duties. The department OF REHABILITATION AND CORRECTION may 7,609
maintain, operate, manage, and govern all state institutions for 7,612
the custody, control, training, and rehabilitation of persons 7,613
convicted of crime and sentenced to correctional institutions. 7,614
The department may designate correctional institutions by 7,616
appropriate respective names. 7,617
The department may receive from the department of youth 7,619
services any children in the custody of the department of youth 7,620
services, committed to the department of rehabilitation and 7,621
correction by the department of youth services, upon the terms 7,622
and conditions that are agreed upon by the departments. 7,623
Sec. 5120.06. (A) The following divisions are hereby 7,632
established in the department of rehabilitation and correction: 7,635
(A)(1) The division of business administration; 7,637
(B)(2) The division of parole and community services. 7,639
(B) The director OF REHABILITATION AND CORRECTION may 7,641
establish other OFFICES, divisions IN ADDITION TO THOSE SPECIFIED 7,643
184
IN DIVISION (A) OF THIS SECTION, BUREAUS, AND OTHER 7,644
ADMINISTRATIVE UNITS WITHIN THE DEPARTMENT OF REHABILITATION AND 7,645
CORRECTION and prescribe their powers and duties. 7,646
Sec. 5120.102. As used in sections 5120.102 to 5120.105 of 7,655
the Revised Code:
(A) "Private, nonprofit organization" means a private 7,657
association, organization, corporation, or other entity that is 7,658
exempt from federal income taxation under section 501(a) and is 7,659
described in section 501(c) of the "Internal Revenue Code of 7,660
1986," 100 stat STAT. 2085, 26 U.S.C.A. 501, as amended. 7,661
(B) "Governmental agency" means a state agency; a 7,663
municipal corporation, county, township, other political 7,664
subdivision or special district in this state established by or 7,665
pursuant to law, or a combination of those political subdivisions 7,666
or special districts; the United States or a department,
division, or agency of the United States; or an agency, 7,667
commission, or authority established pursuant to an interstate 7,668
compact or agreement. 7,669
(C) "State agency" means the state or one of its branches, 7,671
offices, boards, commissions, authorities, departments, 7,672
divisions, or other units or agencies of the state. 7,673
(D) "Halfway house organization" means a private, 7,675
nonprofit organization or a governmental agency that provides 7,676
programs or activities in areas directly concerned with housing 7,677
AND MONITORING offenders who are under the community supervision 7,679
of the department of rehabilitation and correction or whom a 7,680
court places in a halfway house pursuant to section 2929.16 of 7,681
the Revised Code.
(E) "Halfway house facility" means a capital facility in 7,683
this state to which all of the following apply: 7,684
(1) The construction of the capital facility is authorized 7,687
or funded by the general assembly pursuant to division (C) of 7,688
section 5120.105 of the Revised Code.
(2) The state owns or has a sufficient real property 7,690
185
interest in the capital facility or in the site of the capital 7,691
facility for a period of not less than the greater of the useful 7,692
life of the capital facility, as determined by the director of 7,693
budget and management using the guidelines for maximum maturities 7,695
as provided under divisions (B), (C), and (E) of section 133.20 7,696
of the Revised Code and certified to the department of 7,697
rehabilitation and correction and the Ohio building authority, or 7,698
the final maturity of obligations issued by the Ohio building
authority to finance the capital facility. 7,699
(3) The capital facility is managed directly by, or by 7,701
contract with, the department of rehabilitation and correction 7,702
and is used for housing offenders who are under the community 7,703
supervision of the department of rehabilitation and correction or 7,704
whom a court places in a halfway house pursuant to section 7,705
2929.16 of the Revised Code. 7,706
(F) "Construction" includes acquisition, demolition, 7,708
reconstruction, alteration, renovation, remodeling, enlargement, 7,709
improvement, site improvements, and related equipping and 7,710
furnishing.
(G) "General building services" means general building 7,713
services for a halfway house facility that include, but are not 7,714
limited to, general custodial care, security, maintenance, 7,715
repair, painting, decoration, cleaning, utilities, fire safety, 7,716
grounds and site maintenance and upkeep, and plumbing. 7,717
(H) "Manage," "operate," or "management" means the 7,720
provision of, or the exercise of control over the provision of, 7,721
activities that relate to the housing of offenders in 7,722
correctional facilities, including, but not limited to, providing 7,723
for release services for offenders who are under the community 7,724
supervision of the department of rehabilitation and correction, 7,725
whom OR ARE PLACED BY a court places in a halfway house pursuant 7,726
to section 2929.16 of the Revised Code, and who reside in halfway 7,727
house facilities. 7,728
Sec. 5120.103. (A) To the extent that funds are 7,738
186
available, the department of rehabilitation and correction, in 7,739
accordance with this section and sections 5120.104 and 5120.105 7,740
of the Revised Code, may construct or provide for the 7,741
construction of halfway house facilities for offenders whom a 7,742
court places in a halfway house pursuant to section 2929.16 of 7,743
the Revised Code or who are eligible for community supervision by 7,744
the department of rehabilitation and correction. 7,745
(B) A halfway house organization that seeks to construct 7,747
ASSIST IN THE PROGRAM PLANNING OF a halfway house facility 7,748
described in division (A) of this section shall file an 7,749
application with the director of rehabilitation and correction. 7,750
The applicant shall submit with the application a plan that 7,751
specifies all of the services that will be provided to offenders 7,752
whom a court places in a halfway house pursuant to section 7,753
2929.16 of the Revised Code or who are eligible for community 7,754
supervision by the department of rehabilitation and correction 7,755
and who reside in the halfway house facility AS SET FORTH IN A 7,756
REQUEST FOR PROPOSAL. Upon the submission of an application, the 7,757
division of parole and community services shall review it and, if 7,758
the division believes it is appropriate, shall submit a 7,759
recommendation for its approval to the director. When the 7,760
division submits a recommendation for approval of an application, 7,761
the director may approve the application. The director shall not 7,762
take action or fail to take action, or permit the taking of 7,764
action or the failure to take action, with respect to halfway 7,765
house facilities that would adversely affect the exclusion of 7,766
interest on public obligations or on fractionalized interests in 7,767
public obligations from gross income for federal income tax 7,768
purposes, or the classification or qualification of the public 7,769
obligations or the interest on or fractionalized interests in 7,770
public obligations for, or their exemption from, other treatment 7,771
under the Internal Revenue Code.
(C) The director of rehabilitation and correction and the 7,773
halfway house organization may enter into an agreement 7,774
187
establishing terms for the construction PROGRAM PLANNING of the 7,775
halfway house facility. Any terms so established shall conform 7,777
to the terms of any covenant or agreement pertaining to an
obligation from which the funds used for the construction of the 7,778
halfway house facility are derived. 7,779
(D) The director of rehabilitation and correction, in 7,781
accordance with Chapter 119. of the Revised Code, shall adopt 7,782
rules that specify procedures by which a halfway house 7,783
organization may apply for construction A CONTRACT FOR PROGRAM 7,784
PLANNING of a halfway house facility CONSTRUCTED under this 7,785
section, procedures for the department to follow in considering 7,786
an application, criteria for granting approval of an application, 7,787
and any other rules that are necessary for the proper conduct of 7,788
the construction SELECTION OF PROGRAM PLANNERS of a halfway house 7,789
facility.
Sec. 5120.104. (A) It is hereby declared to be a public 7,800
purpose and an essential governmental function of the state that 7,801
the department of rehabilitation and correction, in the name of 7,802
the state and for the use and benefit of the department, 7,803
purchase, acquire, construct, own, lease, or sublease capital 7,804
facilities or sites for capital facilities for use as halfway 7,805
house facilities.
(B) The director of rehabilitation and correction may 7,808
lease or sublease capital facilities or sites for capital 7,809
facilities under division (A) of this section to or from, and may 7,810
make any other agreement with respect to the purchase, 7,811
construction, management, or operation of those capital
facilities with, a halfway house organization that has the 7,812
authority under the law to operate those capital facilities and 7,814
OR the Ohio building authority. The director may make any lease, 7,816
sublease, or other agreement under this division without the 7,817
necessity for advertisement, auction, competitive bidding, court
order, or other action or formality otherwise required by law. 7,818
Notwithstanding any other provision of the Revised Code, the 7,819
188
director shall make each lease or sublease to or from the Ohio 7,820
building authority in accordance with division (D) of section 7,821
152.24 of the Revised Code.
(C) The director, by a sale, lease, sublease, release, or 7,824
other agreement, may dispose of real or personal property or a 7,825
lesser interest in real or personal property that is held or 7,826
owned by the state for the use and benefit of the department, if 7,827
the department does not need the property or interest for its 7,828
purposes. The department shall make a sale, lease, sublease, 7,829
release, or other agreement under this division upon the terms 7,830
that it determines, subject to the approval by the governor in 7,831
the case of a sale, lease, sublease, release, or other agreement 7,832
regarding real property or an interest in real property. The 7,833
director may make a lease, sublease, or other grant of use of 7,834
property or an interest in property under this division without 7,835
the necessity for advertisement, auction, competitive bidding, 7,836
court order, or other action or formality otherwise required by 7,837
law.
(D) The director may grant an easement or other interest 7,839
in real property held by the state for the use and benefit of the 7,840
department if that easement or interest will not interfere with 7,841
the use of the property as a halfway house facility. 7,842
(E) All property purchased, acquired, constructed, owned, 7,845
leased, or subleased by the department in the exercise of its 7,846
powers and duties are public property used exclusively for a 7,847
public purpose, and that property and the income derived by the 7,848
department from the property are exempt from all taxation within 7,849
this state, including without limitation, ad valorem and excise 7,850
taxes.
Sec. 5120.105. (A) The department of administrative 7,859
services shall provide for the construction of a halfway house 7,860
facility in conformity with Chapter 153. of the Revised Code, 7,861
except that construction services may be provided by the 7,863
department of rehabilitation and correction or by a halfway house
189
organization that occupies, will occupy, or is responsible for 7,864
the management of the facility, as determined by the department 7,865
of rehabilitation and correction. The construction services to 7,866
be provided by the halfway house organization under this division 7,867
shall be specified in an agreement between the department of 7,868
rehabilitation and correction, the department of administrative 7,869
services, and the halfway house organization. 7,870
(B) In the absence of an agreement as specified in this 7,873
division, the general building services for THE DIRECTOR OF 7,874
REHABILITATION AND CORRECTION MAY ENTER INTO AN AGREEMENT WITH A 7,875
HALFWAY HOUSE ORGANIZATION FOR THE MANAGEMENT OF a halfway house 7,876
facility shall be provided by the department of rehabilitation 7,878
and correction or by a halfway house organization that occupies, 7,879
will occupy, or is responsible for the management of the 7,880
facility, as determined by the department of rehabilitation and 7,881
correction. The halfway house organization that occupies, will 7,882
occupy, or is responsible for the management of a halfway house 7,883
facility shall pay the costs of management of and general 7,884
building services for the halfway house facility as provided in 7,885
an agreement between the department of rehabilitation and 7,886
correction and the halfway house organization. 7,887
(C) No state funds, including state bond proceeds, shall 7,890
be spent on the construction of a halfway house facility under 7,891
sections 5120.102 to 5120.105 of the Revised Code, unless the 7,893
general assembly has specifically authorized the spending of 7,894
money on, or has made an appropriation to the department of 7,895
rehabilitation and correction for, the construction of the 7,896
halfway house facility or rental payments relating to the 7,897
financing of the construction of that facility. An authorization 7,898
to spend money or an appropriation for planning a halfway house 7,899
facility does not constitute an authorization to spend money on, 7,900
or an appropriation for, the construction of that facility. 7,901
Capital funds for the construction of halfway house facilities 7,902
under sections 5120.102 to 5120.105 of the Revised Code shall be 7,905
190
paid from the adult correctional building fund created by the 7,906
general assembly in the custody of the state treasurer. 7,907
Sec. 5120.16. (A) Persons sentenced to any institution, 7,916
division, or place under the control of the department of 7,918
rehabilitation and correction are committed to the control, care, 7,919
and custody of the department. Subject to division (B) of this 7,920
section, the director of rehabilitation and correction or the 7,921
director's designee may direct that persons sentenced to the 7,922
department, or to any institution or place within the department, 7,923
shall first be conveyed INITIALLY to an appropriate facility 7,924
established and maintained by the department for reception, 7,925
examination, observation, and classification of the persons so 7,926
sentenced. If a presentence investigation report was not 7,927
prepared pursuant to section 2947.06 or 2951.03 of the Revised 7,928
Code or Criminal Rule 32.2 regarding any person sentenced to the 7,929
department or to any institution or place within the department, 7,930
the director or the director's designee may order the
department's field staff to conduct an offender background 7,931
investigation and prepare an offender background investigation 7,932
report regarding the person. The investigation and report shall 7,933
be conducted in accordance with division (A) of section 2951.03 7,934
of the Revised Code and the report shall contain the same 7,935
information as a presentence investigation report prepared 7,936
pursuant to that section. 7,937
When the examination, observation, and classification of 7,939
the person have been completed by the facility and a written 7,940
report of the examination, observation, and classification is 7,941
filed with the commitment papers, the director or the director's 7,942
designee, subject to division (B) of this section, shall assign 7,943
the person to a suitable state institution or place maintained by 7,944
the state within the director's department or shall designate 7,945
that the person is to be housed in a county, multicounty, 7,946
municipal, municipal-county, or multicounty-municipal jail or 7,947
workhouse, if authorized by section 5120.161 of the Revised Code,
191
there to be confined, cared for, treated, trained, and 7,948
rehabilitated until paroled, released in accordance with section 7,949
2967.20, 2967.23 2929.20, 2967.26, or 2967.28 of the Revised 7,950
Code, or otherwise released under the order of the court that 7,952
imposed the person's sentence. No person committed by a probate 7,953
court, a trial court pursuant to section 2945.40, 2945.401, or 7,954
2945.402 of the Revised Code subsequent to a finding of not
guilty by reason of insanity, or a juvenile court shall be 7,955
assigned to a state correctional institution. 7,956
If a person is sentenced, committed, or assigned for the 7,958
commission of a felony to any one of the institutions or places 7,959
maintained by the department or to a county, multicounty, 7,960
municipal, municipal-county, or multicounty-municipal jail or 7,961
workhouse, the department, by order duly recorded and subject to 7,962
division (B) of this section, may transfer the person to any 7,963
other institution, or, if authorized by section 5120.161 of the 7,964
Revised Code, to a county, multicounty, municipal, 7,965
municipal-county, or multicounty-municipal jail or workhouse. 7,966
(B) If the case of a child who is alleged to be a 7,968
delinquent child is transferred for criminal prosecution to the 7,969
appropriate court having jurisdiction of the offense pursuant to 7,970
division (B) or (C) of section 2151.26 of the Revised Code, if 7,972
the child is convicted of or pleads guilty to a felony in that 7,973
case, if the child is sentenced to a prison term, as defined in 7,974
section 2901.01 of the Revised Code, and if the child is under 7,975
eighteen years of age when delivered to the custody of the 7,976
department of rehabilitation and correction, all of the following 7,977
apply regarding the housing of the child: 7,978
(1) Until the child attains eighteen years of age, subject 7,980
to divisions (B)(2), (3), and (4) of this section, the department 7,982
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 7,983
or older. 7,984
(2) The department is not required to house the child in 7,986
192
the manner described in division (B)(1) of this section if the 7,988
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 7,989
being housed separately.
(3) If the department receives too few inmates who are 7,991
under eighteen years of age to fill a housing unit in a state 7,992
correctional institution separate from inmates who are eighteen 7,993
years of age or older, as described in division (B)(1) of this 7,994
section, the department may house the child in a housing unit in 7,995
a state correctional institution that includes both inmates who 7,996
are under eighteen years of age and inmates who are eighteen 7,997
years of age or older and under twenty-one years of age. 7,998
(4) Upon the child's attainment of eighteen years of age, 8,000
the department may house the child with the adult population of 8,001
the state correctional institution. 8,002
(C) The director or the director's designee shall develop 8,004
a policy for dealing with problems related to infection with the 8,005
human immunodeficiency virus. The policy shall include methods 8,006
of identifying individuals committed to the custody of the 8,007
department who are at high risk of infection with the virus, AND 8,008
counseling these THOSE individuals, and, if it is determined to 8,010
be medically appropriate, offering them the opportunity to be 8,011
given an HIV test approved by the director of health pursuant to 8,012
section 3701.241 of the Revised Code. 8,013
Arrangements for housing individuals diagnosed as having 8,015
AIDS or an AIDS-related condition shall be made by the department 8,017
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 8,018
Sec. 5120.163. AT THE TIME OF RECEPTION AND AT OTHER TIMES 8,020
THE DIRECTOR DETERMINES TO BE APPROPRIATE, THE DEPARTMENT OF 8,021
REHABILITATION AND CORRECTION MAY EXAMINE AND TEST A PRISONER FOR 8,022
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED 8,023
TO HEPATITIS A, B, AND C, AND OTHER CONTAGIOUS DISEASES. THE 8,025
DEPARTMENT MAY TEST AND TREAT INVOLUNTARILY A PRISONER IN A STATE 8,026
193
CORRECTIONAL INSTITUTION WHO REFUSES TO BE TESTED OR TREATED FOR 8,027
TUBERCULOSIS, HIV INFECTION, HEPATITIS, INCLUDING BUT NOT LIMITED 8,028
TO HEPATITIS A, B, AND C, OR ANOTHER CONTAGIOUS DISEASE. 8,030
Sec. 5120.172. A MINOR WHOSE CASE IS TRANSFERRED FOR 8,032
CRIMINAL PROSECUTION PURSUANT TO SECTION 2151.26 OF THE REVISED 8,034
CODE, WHO IS PROSECUTED AS AN ADULT AND IS CONVICTED OF OR PLEADS 8,035
GUILTY TO ONE OR MORE OFFENSES IN THAT CASE, AND WHO IS SENTENCED 8,036
TO A PRISON TERM OR TERM OF IMPRISONMENT IN A STATE CORRECTIONAL 8,038
INSTITUTION FOR ONE OR MORE OF THOSE OFFENSES SHALL BE CONSIDERED
EMANCIPATED FOR THE PURPOSE OF CONSENTING TO MEDICAL TREATMENT 8,040
WHILE CONFINED IN THE STATE CORRECTIONAL INSTITUTION. 8,041
Sec. 5120.211. (A) AS USED IN THIS SECTION: 8,044
(1) "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT 8,046
IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF 8,047
REHABILITATION AND CORRECTION BY THE DIRECTOR OF REHABILITATION 8,048
AND CORRECTION, A COMMITTEE APPOINTED AT A STATE CORRECTIONAL 8,049
INSTITUTION BY THE MANAGING OFFICER OF THE INSTITUTION, OR A DULY
AUTHORIZED SUBCOMMITTEE OF A COMMITTEE OF THAT NATURE AND THAT IS 8,050
DESIGNATED TO CARRY OUT QUALITY ASSURANCE PROGRAM ACTIVITIES. 8,051
(2) "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE 8,053
PROGRAM WITHIN THE DEPARTMENT OF REHABILITATION AND CORRECTION 8,054
TO SYSTEMATICALLY REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND 8,055
MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS 8,057
INSTITUTIONS, THE SAFETY AND SECURITY OF PERSONS RECEIVING
MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS 8,059
INSTITUTIONS, AND THE EFFICIENCY AND EFFECTIVENESS OF THE 8,060
UTILIZATION OF STAFF AND RESOURCES IN THE DELIVERY OF MEDICAL AND 8,061
MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS
INSTITUTIONS. 8,062
(3) "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDES THE 8,064
ACTIVITIES OF THE INSTITUTIONAL AND CENTRAL OFFICE QUALITY 8,065
ASSURANCE COMMITTEES, OF PERSONS WHO PROVIDE, COLLECT, OR COMPILE 8,066
INFORMATION AND REPORTS REQUIRED BY QUALITY ASSURANCE COMMITTEES, 8,067
AND OF PERSONS WHO RECEIVE, REVIEW, OR IMPLEMENT THE
194
RECOMMENDATIONS MADE BY QUALITY ASSURANCE COMMITTEES. "QUALITY 8,068
ASSURANCE PROGRAM ACTIVITIES" INCLUDES CREDENTIALING, INFECTION 8,069
CONTROL, UTILIZATION REVIEW INCLUDING ACCESS TO PATIENT CARE, 8,070
PATIENT CARE ASSESSMENTS, MEDICAL AND MENTAL HEALTH RECORDS, 8,071
MEDICAL AND MENTAL HEALTH RESOURCE MANAGEMENT, MORTALITY AND 8,073
MORBIDITY REVIEW, AND IDENTIFICATION AND PREVENTION OF MEDICAL OR
MENTAL HEALTH INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY 8,074
ASSURANCE COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY 8,075
ASSURANCE COMMITTEE. 8,076
(4) "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS, 8,078
RECORDS, MINUTES, AND REPORTS THAT EMANATE FROM QUALITY ASSURANCE 8,079
PROGRAM ACTIVITIES. "QUALITY ASSURANCE RECORDS" DOES NOT INCLUDE 8,080
AGGREGATE STATISTICAL INFORMATION THAT DOES NOT DISCLOSE THE 8,082
IDENTITY OF PERSONS RECEIVING OR PROVIDING MEDICAL OR MENTAL
HEALTH SERVICES IN STATE CORRECTIONAL INSTITUTIONS. 8,083
(B)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 8,086
QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC 8,087
RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE 8,088
USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY 8,089
ASSURANCE PROGRAM.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 8,091
PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS 8,092
AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS 8,093
SHALL WILFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY PERSON 8,094
OR ENTITY.
(C)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 8,097
NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY, AND IS 8,098
NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE 8,099
PROCEEDING.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 8,102
MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS
PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM 8,103
SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR 8,104
ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE 8,105
195
RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION, 8,106
EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,
MEMBER, OR PERSON. 8,107
(3) INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE 8,109
FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING 8,110
UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL 8,112
OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED 8,114
TO A QUALITY ASSURANCE COMMITTEE. NO PERSON TESTIFYING BEFORE A 8,115
QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A
QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS 8,116
TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT 8,118
BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY 8,119
ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A 8,120
RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.
(D)(1) A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE 8,123
BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO 8,124
THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY
ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL 8,125
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY 8,127
PERSON AS A RESULT OF PROVIDING THE INFORMATION. 8,128
(2) A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON 8,130
ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE 8,131
OF THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL NOT BE 8,132
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 8,133
PERSON OR PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, 8,134
DECISIONS, OR OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF 8,135
THE QUALITY ASSURANCE PROGRAM.
(3) NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION 8,137
OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A 8,138
PATIENT.
(E) QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND 8,141
TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,
ONLY TO THE FOLLOWING PERSONS OR ENTITIES OR IN THE FOLLOWING 8,142
CIRCUMSTANCES: 8,143
196
(1) PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT 8,145
OF REHABILITATION AND CORRECTION AND WHO HAVE AUTHORITY TO 8,147
EVALUATE OR IMPLEMENT THE RECOMMENDATIONS OF AN INSTITUTIONAL OR 8,149
CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE;
(2) PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED 8,151
TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO STATE 8,152
CORRECTIONAL INSTITUTIONS OR TO PERFORM MONITORING OF STATE 8,153
CORRECTIONAL INSTITUTIONS AS REQUIRED BY LAW; 8,154
(3) A GOVERNMENTAL BOARD OR AGENCY, A PROFESSIONAL HEALTH 8,156
CARE SOCIETY OR ORGANIZATION, OR A PROFESSIONAL STANDARDS REVIEW 8,157
ORGANIZATION, IF THE RECORDS OR TESTIMONY ARE NEEDED TO PERFORM 8,158
LICENSING, CREDENTIALING, OR MONITORING OF PROFESSIONAL STANDARDS 8,159
WITH RESPECT TO MEDICAL OR MENTAL HEALTH PROFESSIONALS EMPLOYED 8,160
OR RETAINED BY THE DEPARTMENT;
(4) A CRIMINAL OR CIVIL LAW ENFORCEMENT AGENCY OR PUBLIC 8,162
HEALTH AGENCY CHARGED BY LAW WITH THE PROTECTION OF PUBLIC HEALTH 8,163
OR SAFETY, IF A QUALIFIED REPRESENTATIVE OF THE AGENCY MAKES A 8,164
WRITTEN REQUEST STATING THAT THE RECORDS OR TESTIMONY IS 8,165
NECESSARY FOR A PURPOSE AUTHORIZED BY LAW;
(5) IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING COMMENCED 8,167
BY AN ENTITY DESCRIBED IN DIVISION (E)(3) OR (4) OF THIS SECTION 8,168
AND FOR A PURPOSE DESCRIBED IN THAT DIVISION, BUT ONLY WITH 8,170
RESPECT TO THE SUBJECT OF THE PROCEEDINGS.
(F) A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO 8,172
DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE 8,174
CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY 8,175
ASSURANCE RECORDS. THE NAMES AND OTHER IDENTIFYING INFORMATION 8,176
REGARDING INDIVIDUAL PATIENTS, EMPLOYEES, OR MEMBERS OF A QUALITY 8,177
ASSURANCE COMMITTEE CONTAINED IN A QUALITY ASSURANCE RECORD SHALL 8,179
BE DELETED FROM THE RECORD PRIOR TO THE DISCLOSURE OF THE RECORD 8,180
UNLESS THE IDENTITY OF AN INDIVIDUAL IS NECESSARY TO THE PURPOSE 8,181
FOR WHICH DISCLOSURE IS BEING MADE AND DOES NOT CONSTITUTE A 8,182
CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY. 8,183
Sec. 5120.331. (A) Not later than the first day of April 8,193
197
of each year, the department of rehabilitation and correction 8,194
shall prepare an annual report covering the preceding calendar 8,195
year that does all of the following:
(1) Indicates the total number of persons sentenced to any 8,197
institution, division, or place under its control and management 8,198
who are delivered within that calendar year to its custody and 8,199
control; 8,200
(2) Indicates the total number of persons who, during that 8,202
calendar year, were released from a prison term on any of the 8,204
following bases: 8,205
(a) On judicial release under section 2929.20 of the 8,208
Revised Code; 8,209
(b) On furlough TRANSITIONAL CONTROL under section 2967.26 8,211
of the Revised Code; 8,212
(c) On parole; 8,214
(d) Due to the expiration of the stated prison term 8,216
imposed;
(e) On any basis not described in divisions (A)(2)(a) to 8,218
(d) of this section. 8,219
(3) Lists each offense, by Revised Code section number 8,221
and, if applicable, by designated name, for which at least one 8,222
person who was released from a prison term in that calendar year 8,224
was serving a prison term at the time of release; 8,226
(4) For each offense included in the list described in 8,228
division (A)(3) of this section, indicates all of the following: 8,229
(a) The total number of persons released from a prison 8,231
term in that calendar year who were serving a prison term for 8,233
that offense at the time of release; 8,234
(b) The shortest, longest, and average prison term that 8,236
had been imposed for that offense upon the persons described in 8,239
division (A)(4)(a) of this section and that they were serving at 8,240
the time of release;
(c) The shortest, longest, and average period of 8,242
imprisonment actually served by the persons described in division 8,243
198
(A)(4)(a) of this section under a prison term that had been 8,245
imposed for that offense upon them and that they were serving at 8,246
the time of release; 8,247
(d) The total number of persons released from a prison 8,249
term in that calendar year under each of the bases for release 8,251
set forth in division (A)(2) of this section who were serving a 8,252
prison term for that offense at the time of release; 8,253
(e) The shortest, longest, and average prison term that 8,255
had been imposed for that offense upon the persons in each 8,258
category described in division (A)(4)(d) of this section and that 8,259
they were serving at the time of release;
(f) The shortest, longest, and average period of 8,261
imprisonment actually served by the persons in each category 8,262
described in division (A)(4)(d) of this section under a prison 8,264
term that had been imposed for that offense upon them and that 8,265
they were serving at the time of release. 8,266
(B) No report prepared under division (A) of this section 8,268
shall identify or enable the identification of any person 8,269
released from a prison term in the preceding calendar year. 8,271
(C) Each annual report prepared under division (A) of this 8,273
section shall be distributed to each member of the general 8,274
assembly. 8,275
(D) As used in this section, "prison term" and "stated 8,277
prison term" have the same meanings as in section 2929.01 of the 8,278
Revised Code.
Sec. 5120.38. Subject to the rules and regulations of the 8,287
department of rehabilitation and correction, each institution 8,288
under the department's jurisdiction other than an institution 8,289
operated pursuant to a contract entered into under section 9.06 8,290
of the Revised Code shall be under the control of a managing 8,292
officer known as a superintendent WARDEN or other appropriate 8,293
title. Such THE managing officer shall be appointed by the 8,294
director of the department of rehabilitation and correction and 8,296
shall be in the unclassified service and serve at the pleasure of 8,297
199
the director. Appointment to the position of managing officer 8,298
shall be made from persons holding positions in the classified 8,299
service in the department. A WHO HAVE CRIMINAL JUSTICE 8,300
EXPERIENCE.
A person so WHO IS appointed TO THE POSITION OF MANAGING 8,303
OFFICER FROM A POSITION IN THE CLASSIFIED SERVICE shall retain
the right to resume the position and status that the person held 8,306
in the classified service immediately prior to the appointment. 8,308
Upon being relieved of the person's duties as managing officer, 8,309
such THE person shall be reinstated to the position in the 8,311
classified service that the person held immediately prior to the 8,313
appointment to the position of managing officer or to another 8,315
position, certified by THAT the director, with approval of the 8,317
state department of personnel ADMINISTRATIVE SERVICES, CERTIFIES 8,318
as being substantially equal to such THAT PRIOR position. 8,319
Service as a managing officer shall be counted as service in the 8,321
position in the classified service held by such THE person 8,322
immediately preceding the person's appointment as managing 8,325
officer. A person who is reinstated to a position in the 8,327
classified service, as provided in this section, shall be 8,328
entitled to all rights and emoluments accruing to such THE 8,329
position during the time of the person's service as managing 8,331
officer.
The managing officer, under the director, shall have entire 8,333
executive charge of the institution for which such THE managing 8,334
officer is appointed. Subject to civil service rules and 8,335
regulations, the managing officer shall appoint the necessary 8,336
employees and the managing officer or the director may remove 8,337
such employees for cause. A report of all appointments, 8,339
resignations, and discharges shall be filed with the director at 8,340
the close of each month. 8,341
After conference with the managing officer of each 8,343
institution, the director shall determine the number of employees 8,344
to be appointed to the various institutions. 8,345
200
Sec. 5120.381. SUBJECT TO THE RULES OF THE DEPARTMENT OF 8,347
REHABILITATION AND CORRECTION, THE DIRECTOR OF REHABILITATION AND 8,348
CORRECTION MAY APPOINT A DEPUTY WARDEN FOR EACH INSTITUTION UNDER 8,349
THE JURISDICTION OF THE DEPARTMENT. A DEPUTY WARDEN SHALL BE IN 8,350
THE UNCLASSIFIED SERVICE AND SERVE AT THE PLEASURE OF THE 8,351
DIRECTOR. THE DIRECTOR SHALL MAKE AN APPOINTMENT TO THE POSITION
OF DEPUTY WARDEN FROM PERSONS HAVING CRIMINAL JUSTICE EXPERIENCE. 8,352
A PERSON WHO IS APPOINTED TO A POSITION AS DEPUTY WARDEN FROM A 8,353
POSITION IN THE CLASSIFIED SERVICE SHALL RETAIN THE RIGHT TO 8,354
RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE 8,355
CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT. IF THE 8,356
PERSON IS RELIEVED OF THE PERSON'S DUTIES AS DEPUTY WARDEN, THE
DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION IN THE 8,358
CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR TO THE 8,359
APPOINTMENT AS DEPUTY WARDEN OR TO ANOTHER POSITION THAT IS 8,360
CERTIFIED BY THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF
ADMINISTRATIVE SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT 8,361
PRIOR POSITION. SERVICE AS DEPUTY WARDEN SHALL BE COUNTED AS 8,362
SERVICE IN THE POSITION IN THE CLASSIFIED SERVICE THAT THE PERSON 8,363
HELD IMMEDIATELY PRECEDING THE APPOINTMENT AS DEPUTY WARDEN. A 8,364
PERSON WHO IS REINSTATED TO A POSITION IN THE CLASSIFIED SERVICE 8,365
AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL RIGHTS AND
EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF THE 8,366
PERSON'S SERVICE AS DEPUTY WARDEN. 8,367
Sec. 5120.382. EXCEPT AS OTHERWISE PROVIDED IN THIS 8,369
CHAPTER FOR APPOINTMENTS BY DIVISION CHIEFS AND MANAGING 8,370
OFFICERS, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 8,373
APPOINT EMPLOYEES WHO ARE NECESSARY FOR THE EFFICIENT CONDUCT OF
THE DEPARTMENT OF REHABILITATION AND CORRECTION AND PRESCRIBE 8,374
THEIR TITLES AND DUTIES. A PERSON WHO IS APPOINTED TO AN 8,375
UNCLASSIFIED POSITION FROM A POSITION IN THE CLASSIFIED SERVICE 8,376
SHALL SERVE AT THE PLEASURE OF THE DIRECTOR AND RETAIN THE RIGHT 8,377
TO RESUME THE POSITION AND STATUS THAT THE PERSON HELD IN THE 8,378
CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE APPOINTMENT. IF THE 8,379
201
PERSON IS RELIEVED OF THE PERSON'S DUTIES FOR THE UNCLASSIFIED 8,380
POSITION, THE DIRECTOR SHALL REINSTATE THE PERSON TO THE POSITION 8,381
IN THE CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRIOR 8,382
TO THE APPOINTMENT OR TO ANOTHER POSITION THAT IS CERTIFIED BY 8,383
THE DIRECTOR, WITH APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE 8,384
SERVICES, AS BEING SUBSTANTIALLY EQUAL TO THAT PRIOR CLASSIFIED 8,385
POSITION. SERVICE IN THE UNCLASSIFIED SERVICE PURSUANT TO THE 8,386
APPOINTMENT SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE
CLASSIFIED SERVICE THAT THE PERSON HELD IMMEDIATELY PRECEDING THE 8,387
APPOINTMENT. A PERSON WHO IS REINSTATED TO A POSITION IN THE 8,388
CLASSIFIED SERVICE AS PROVIDED IN THIS SECTION IS ENTITLED TO ALL 8,389
RIGHTS AND EMOLUMENTS ACCRUING TO THE POSITION DURING THE TIME OF 8,390
THE PERSON'S UNCLASSIFIED SERVICE.
Sec. 5120.56. (A) AS USED IN THIS SECTION: 8,393
(1) "ANCILLARY SERVICES" MEANS SERVICES PROVIDED TO AN 8,395
OFFENDER AS NECESSARY FOR THE PARTICULAR CIRCUMSTANCES OF THE 8,396
OFFENDER'S PERSONAL SUPERVISION, INCLUDING, BUT NOT LIMITED TO, 8,397
SPECIALIZED COUNSELING, TESTING, OR OTHER SERVICES NOT INCLUDED 8,399
IN THE CALCULATION OF RESIDENTIAL OR SUPERVISION COSTS. 8,400
(2) "COST DEBT" MEANS A COST OF INCARCERATION OR 8,402
SUPERVISION THAT MAY BE ASSESSED AGAINST AND COLLECTED FROM AN 8,403
OFFENDER AS A DEBT TO THE STATE AS DESCRIBED IN DIVISION (D) OF 8,404
THIS SECTION. 8,405
(3) "DETENTION FACILITY" MEANS ANY PLACE USED FOR THE 8,407
CONFINEMENT OF A PERSON CHARGED WITH OR CONVICTED OF ANY CRIME. 8,408
(4) "OFFENDER" MEANS ANY INMATE, PAROLEE, PROBATIONER, 8,410
RELEASEE, OR OTHER PERSON WHO HAS BEEN CONVICTED OF OR PLEADED 8,412
GUILTY TO ANY FELONY OR MISDEMEANOR AND IS SENTENCED TO ANY OF 8,413
THE FOLLOWING:
(a) A TERM OF IMPRISONMENT, A PRISON TERM, OR ANOTHER TYPE 8,415
OF CONFINEMENT IN A DETENTION FACILITY; 8,417
(b) PARTICIPATION IN ANOTHER CORRECTIONAL PROGRAM IN LIEU 8,419
OF INCARCERATION. 8,420
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 8,423
202
RECOVER FROM AN OFFENDER WHO IS IN ITS CUSTODY OR UNDER ITS
SUPERVISION ANY COST DEBT DESCRIBED IN DIVISION (D) OF THIS 8,425
SECTION. TO SATISFY A COST DEBT DESCRIBED IN THAT DIVISION THAT 8,426
RELATES TO AN OFFENDER, THE DEPARTMENT MAY APPLY DIRECTLY ASSETS 8,427
THAT ARE IN THE DEPARTMENT'S POSSESSION AND THAT ARE BEING HELD 8,428
FOR THAT OFFENDER WITHOUT FURTHER PROCEEDINGS IN AID OF 8,430
EXECUTION, AND, IF ASSETS BELONGING TO OR SUBJECT TO THE 8,432
DIRECTION OF THAT OFFENDER ARE IN THE POSSESSION OF A THIRD
PARTY, THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO 8,433
INITIATE PROCEEDINGS TO COLLECT THE ASSETS FROM THE THIRD PARTY 8,434
TO SATISFY THE COST DEBT.
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E) OR (G) OF 8,438
THIS SECTION, ALL OF THE FOLLOWING ASSETS OF AN OFFENDER SHALL BE 8,439
SUBJECT TO ATTACHMENT, COLLECTION, OR APPLICATION TOWARD THE COST 8,440
DEBTS DESCRIBED IN DIVISION (D) OF THIS SECTION THAT ARE TO BE 8,441
RECOVERED UNDER DIVISION (B) OF THIS SECTION: 8,442
(1) SUBJECT TO DIVISION (E) OF THIS SECTION, ANY PAY THE 8,444
OFFENDER RECEIVES FROM THE STATE; 8,445
(2) SUBJECT TO DIVISION (E) OF THIS SECTION, ANY FUNDS THE 8,447
OFFENDER RECEIVES FROM PERSONS ON AN APPROVED VISITOR LIST; 8,449
(3) ANY LIQUID ASSETS BELONGING TO THE OFFENDER AND IN THE 8,451
CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION; 8,452
(4) ANY ASSETS THE OFFENDER ACQUIRES OR ANY OTHER INCOME 8,454
THE OFFENDER EARNS SUBSEQUENT TO THE OFFENDER'S COMMITMENT. 8,456
(D) COSTS OF INCARCERATION OR SUPERVISION THAT MAY BE 8,459
ASSESSED AGAINST AND COLLECTED FROM AN OFFENDER UNDER DIVISION 8,460
(B) OF THIS SECTION AS A DEBT TO THE STATE SHALL INCLUDE, BUT ARE 8,461
NOT LIMITED TO, ALL OF THE FOLLOWING COSTS THAT ACCRUE WHILE THE 8,462
OFFENDER IS IN THE CUSTODY OR UNDER THE SUPERVISION OF THE 8,463
DEPARTMENT OF REHABILITATION AND CORRECTION:
(1) ANY USER FEE OR COPAYMENT FOR SERVICES AT A DETENTION 8,465
FACILITY OR HOUSING FACILITY, INCLUDING, BUT NOT LIMITED TO, A 8,466
FEE OR COPAYMENT FOR SICK CALL VISITS; 8,467
(2) ASSESSMENT FOR DAMAGE TO OR DESTRUCTION OF PROPERTY IN 8,469
203
A DETENTION FACILITY SUBSEQUENT TO COMMITMENT; 8,470
(3) RESTITUTION TO AN OFFENDER OR TO A STAFF MEMBER OF A 8,472
STATE CORRECTIONAL INSTITUTION FOR THEFT, LOSS, OR DAMAGE TO THE 8,473
PERSONAL PROPERTY OF THE OFFENDER OR STAFF MEMBER; 8,475
(4) THE COST OF HOUSING AND FEEDING THE OFFENDER IN A 8,477
DETENTION FACILITY; 8,478
(5) THE COST OF SUPERVISION OF THE OFFENDER; 8,480
(6) THE COST OF ANY ANCILLARY SERVICES PROVIDED TO THE 8,482
OFFENDER.
(E) THE COST OF HOUSING AND FEEDING AN OFFENDER IN A STATE 8,485
CORRECTIONAL INSTITUTION SHALL NOT BE COLLECTED FROM A PAYMENT 8,486
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 8,487
OFFENDER RECEIVES FROM VISITORS, UNLESS THE COMBINED ASSETS IN 8,488
THE OFFENDER'S INSTITUTION PERSONAL ACCOUNT EXCEED, AT ANY TIME, 8,489
ONE HUNDRED DOLLARS. IF THE COMBINED ASSETS IN THAT ACCOUNT 8,490
EXCEED ONE HUNDRED DOLLARS, THE COST OF HOUSING AND FEEDING THE 8,491
OFFENDER MAY BE COLLECTED FROM THE AMOUNT IN EXCESS OF ONE 8,492
HUNDRED DOLLARS. 8,493
(F)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION 8,496
SHALL ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE 8,497
TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION. 8,498
(2) THE RULES ADOPTED UNDER DIVISION (F)(1) OF THIS 8,501
SECTION SHALL INCLUDE, BUT ARE NOT LIMITED TO, RULES THAT 8,502
ESTABLISH OR CONTAIN ALL OF THE FOLLOWING:
(a) A PROCESS FOR ASCERTAINING THE ITEMS OF COST TO BE 8,504
ASSESSED AGAINST AN OFFENDER; 8,505
(b) SUBJECT TO DIVISION (F)(3) OF THIS SECTION, A PROCESS 8,508
BY WHICH THE OFFENDER SHALL HAVE THE OPPORTUNITY TO RESPOND TO 8,509
THE ASSESSMENT OF COSTS UNDER DIVISION (B) OF THIS SECTION AND TO 8,510
CONTEST ANY ITEM OF COST IN THE DEPARTMENT'S CALCULATION OR AS IT 8,511
APPLIES TO THE OFFENDER;
(c) A REQUIREMENT THAT THE OFFENDER BE NOTIFIED, IN 8,513
WRITING, OF A FINAL DECISION TO COLLECT OR APPLY THE OFFENDER'S 8,514
204
ASSETS UNDER DIVISION (B) OF THIS SECTION AND THAT THE 8,515
NOTIFICATION BE PROVIDED AFTER THE OFFENDER HAS HAD AN 8,516
OPPORTUNITY TO CONTEST THE APPLICATION OR COLLECTION; 8,517
(d) CRITERIA FOR EVALUATING AN OFFENDER'S ONGOING, 8,519
PERMANENT INJURY AND EVALUATING THE ABILITY OF THAT TYPE OF 8,520
OFFENDER TO PROVIDE FOR THE OFFENDER AFTER INCARCERATION. 8,521
(3) THE RULES ADOPTED UNDER DIVISION (F)(1) OF THIS 8,524
SECTION MAY ALLOW THE COLLECTION OF A COST DEBT AS A FLAT FEE OR 8,525
OVER TIME IN INSTALLMENTS. IF THE COST DEBT IS TO BE COLLECTED 8,526
OVER TIME IN INSTALLMENTS, THE RULES ARE NOT REQUIRED TO PERMIT 8,527
THE OFFENDER AN OPPORTUNITY TO CONTEST THE ASSESSMENT OF EACH 8,528
INSTALLMENT. THE RULES MAY ESTABLISH A STANDARD FEE TO APPLY TO
ALL OFFENDERS WHO RECEIVE A PARTICULAR SERVICE. 8,529
(G) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 8,532
NOT COLLECT COST DEBTS OR APPLY OFFENDER ASSETS TOWARD A COST 8,533
DEBT UNDER DIVISION (B) OF THIS SECTION IF, DUE TO AN ONGOING, 8,534
PERMANENT INJURY, THE COLLECTION OR APPLICATION WOULD UNJUSTLY 8,535
LIMIT THE OFFENDER'S ABILITY TO PROVIDE FOR THE OFFENDER AFTER 8,536
INCARCERATION.
(H) IF AN OFFENDER ACQUIRES ASSETS AFTER THE OFFENDER IS 8,539
CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE AND IF THE TRANSFEROR 8,540
KNOWS OF THE OFFENDER'S STATUS AS AN OFFENDER, THE TRANSFEROR
SHALL NOTIFY THE DEPARTMENT OF REHABILITATION AND CORRECTION IN 8,541
ADVANCE OF THE TRANSFER. 8,542
(I) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 8,545
OFFENDER FINANCIAL RESPONSIBILITY FUND. ALL MONEYS COLLECTED BY 8,546
OR ON BEHALF OF THE DEPARTMENT UNDER THIS SECTION, AND ALL MONEYS
CURRENTLY IN THE DEPARTMENT'S CUSTODY THAT ARE APPLIED TO SATISFY 8,548
AN ALLOWABLE COST DEBT UNDER THIS SECTION, SHALL BE DEPOSITED 8,550
INTO THE FUND. THE DEPARTMENT OF REHABILITATION AND CORRECTION
MAY EXPEND MONEYS IN THE FUND FOR GOODS AND SERVICES OF THE SAME 8,551
TYPE AS THOSE FOR WHICH OFFENDERS ARE ASSESSED PURSUANT TO THIS 8,552
SECTION.
Sec. 5120.99. A PERSON WHO VIOLATES DIVISION (B)(2) OF 8,555
205
SECTION 5120.211 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 8,557
TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE 8,558
THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE. 8,559
Sec. 5122.10. Any psychiatrist, licensed clinical 8,568
psychologist, licensed physician, health officer, parole officer, 8,569
police officer, or sheriff may take a person into custody, or the 8,570
chief of the adult parole authority or a parole or probation 8,571
officer with the approval of the chief of the authority may take 8,572
a parolee, probationer, OFFENDER ON POST-RELEASE CONTROL, or 8,573
furloughee OFFENDER UNDER TRANSITIONAL CONTROL into custody and 8,574
may immediately transport him THE PAROLEE, PROBATIONER, OFFENDER 8,576
ON POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL 8,578
to a hospital or, notwithstanding section 5119.20 of the Revised 8,580
Code, to a general hospital not licensed by the department of 8,581
mental health where he THE PAROLEE, PROBATIONER, OFFENDER ON 8,582
POST-RELEASE CONTROL, OR OFFENDER UNDER TRANSITIONAL CONTROL may 8,583
be held for the period prescribed in this section, if the 8,585
psychiatrist, licensed clinical psychologist, licensed physician, 8,586
health officer, parole officer, police officer, or sheriff has
reason to believe that the person is a mentally ill person 8,588
subject to hospitalization by court order under division (B) of 8,589
section 5122.01 of the Revised Code, and represents a substantial 8,590
risk of physical harm to himself SELF or others if allowed to 8,591
remain at liberty pending examination. 8,592
A written statement shall be given to such hospital by the 8,594
transporting psychiatrist, licensed clinical psychologist, 8,595
licensed physician, health officer, parole officer, police 8,596
officer, chief of the adult parole authority, parole or probation 8,597
officer, or sheriff stating the circumstances under which such 8,598
person was taken into custody and the reasons for the 8,599
psychiatrist's, licensed clinical psychologist's, licensed 8,600
physician's, health officer's, parole officer's, police 8,601
officer's, chief of the adult parole authority's, parole or 8,602
probation officer's, or sheriff's belief. This statement shall 8,603
206
be made available to the respondent or his THE RESPONDENT'S 8,604
attorney upon request of either. 8,605
Every reasonable and appropriate effort shall be made to 8,607
take persons into custody in the least conspicuous manner 8,608
possible. A person taking the respondent into custody pursuant 8,609
to this section shall explain to the respondent: the name, 8,610
professional designation, and agency affiliation of the person 8,611
taking the respondent into custody; that the custody-taking is 8,612
not a criminal arrest; and that the person is being taken for 8,613
examination by mental health professionals at a specified mental 8,614
health facility identified by name. 8,615
If a person taken into custody under this section is 8,617
transported to a general hospital, the general hospital may admit 8,618
the person, or provide care and treatment for the person, or 8,619
both, notwithstanding section 5119.20 of the Revised Code, but by 8,620
the end of twenty-four hours after his arrival at the general 8,621
hospital, the person shall be transferred to a hospital as 8,622
defined in section 5122.01 of the Revised Code. 8,623
A person transported or transferred to a hospital or 8,625
community mental health agency under this section shall be 8,626
examined by the staff of the hospital or agency within 8,627
twenty-four hours after his arrival at the hospital or agency. If 8,629
to conduct the examination requires that the person remain
overnight, the hospital or agency shall admit the person in an 8,630
unclassified status until making a disposition under this 8,631
section. After the examination, if the chief clinical officer of 8,632
the hospital or agency believes that the person is not a mentally 8,633
ill person subject to hospitalization by court order, he THE 8,634
CHIEF CLINICAL OFFICER shall release or discharge the person 8,635
immediately unless a court has issued a temporary order of 8,636
detention applicable to the person under section 5122.11 of the 8,637
Revised Code. After the examination, if the chief clinical 8,638
officer believes that the person is a mentally ill person subject 8,639
to hospitalization by court order, he THE CHIEF CLINICAL OFFICER 8,640
207
may detain the person for not more than three court days 8,641
following the day of the examination and during such period admit 8,642
the person as a voluntary patient under section 5122.02 of the 8,643
Revised Code or file an affidavit under section 5122.11 of the 8,644
Revised Code. If neither action is taken and a court has not 8,645
otherwise issued a temporary order of detention applicable to the 8,646
person under section 5122.11 of the Revised Code, the chief 8,647
clinical officer shall discharge the person at the end of the 8,648
three-day period unless the person has been sentenced to the 8,649
department of rehabilitation and correction and has not been 8,650
released from his THE PERSON'S sentence, in which case the person 8,651
shall be returned to that department. 8,652
Sec. 5122.32. (A) AS USED IN THIS SECTION: 8,654
(1) "QUALITY ASSURANCE COMMITTEE" MEANS A COMMITTEE THAT 8,656
IS APPOINTED IN THE CENTRAL OFFICE OF THE DEPARTMENT OF MENTAL 8,657
HEALTH BY THE DIRECTOR OF MENTAL HEALTH, A COMMITTEE OF A 8,658
HOSPITAL OR COMMUNITY SETTING PROGRAM, A COMMITTEE ESTABLISHED 8,659
PURSUANT TO SECTION 5119.47 OF THE REVISED CODE OF THE DEPARTMENT 8,660
OF MENTAL HEALTH APPOINTED BY THE MANAGING OFFICER OF THE
HOSPITAL OR PROGRAM, OR A DULY AUTHORIZED SUBCOMMITTEE OF A 8,662
COMMITTEE OF THAT NATURE AND THAT IS DESIGNATED TO CARRY OUT 8,663
QUALITY ASSURANCE PROGRAM ACTIVITIES.
(2) "QUALITY ASSURANCE PROGRAM" MEANS A COMPREHENSIVE 8,665
PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH TO SYSTEMATICALLY 8,666
REVIEW AND IMPROVE THE QUALITY OF MEDICAL AND MENTAL HEALTH 8,668
SERVICES WITHIN THE DEPARTMENT AND ITS HOSPITALS AND COMMUNITY 8,669
SETTING PROGRAMS, THE SAFETY AND SECURITY OF PERSONS RECEIVING
MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE DEPARTMENT AND ITS 8,671
HOSPITALS AND COMMUNITY SETTING PROGRAMS, AND THE EFFICIENCY AND 8,672
EFFECTIVENESS OF THE UTILIZATION OF STAFF AND RESOURCES IN THE 8,673
DELIVERY OF MEDICAL AND MENTAL HEALTH SERVICES WITHIN THE
DEPARTMENT AND ITS HOSPITALS AND COMMUNITY SETTING PROGRAMS. 8,674
"QUALITY ASSURANCE PROGRAM" INCLUDES THE CENTRAL OFFICE QUALITY 8,676
ASSURANCE COMMITTEES, MORBIDITY AND MORTALITY REVIEW COMMITTEES, 8,677
208
QUALITY ASSURANCE PROGRAMS OF COMMUNITY SETTING PROGRAMS, QUALITY 8,678
ASSURANCE COMMITTEES OF HOSPITALS OPERATED BY THE DEPARTMENT OF 8,679
MENTAL HEALTH, AND THE OFFICE OF LICENSURE AND CERTIFICATION OF
THE DEPARTMENT. 8,680
(3) "QUALITY ASSURANCE PROGRAM ACTIVITIES" INCLUDE 8,682
COLLECTING OR COMPILING INFORMATION AND REPORTS REQUIRED BY A 8,683
QUALITY ASSURANCE COMMITTEE, RECEIVING, REVIEWING, OR 8,684
IMPLEMENTING THE RECOMMENDATIONS MADE BY A QUALITY ASSURANCE 8,685
COMMITTEE, AND CREDENTIALING, PRIVILEGING, INFECTION CONTROL,
TISSUE REVIEW, PEER REVIEW, UTILIZATION REVIEW INCLUDING ACCESS 8,686
TO PATIENT CARE RECORDS, PATIENT CARE ASSESSMENT RECORDS, AND 8,688
MEDICAL AND MENTAL HEALTH RECORDS, MEDICAL AND MENTAL HEALTH 8,690
RESOURCE MANAGEMENT, MORTALITY AND MORBIDITY REVIEW, AND
IDENTIFICATION AND PREVENTION OF MEDICAL OR MENTAL HEALTH 8,691
INCIDENTS AND RISKS, WHETHER PERFORMED BY A QUALITY ASSURANCE 8,692
COMMITTEE OR BY PERSONS WHO ARE DIRECTED BY A QUALITY ASSURANCE 8,693
COMMITTEE.
(4) "QUALITY ASSURANCE RECORDS" MEANS THE PROCEEDINGS, 8,695
DISCUSSION, RECORDS, FINDINGS, RECOMMENDATIONS, EVALUATIONS, 8,696
OPINIONS, MINUTES, REPORTS, AND OTHER DOCUMENTS OR ACTIONS THAT 8,697
EMANATE FROM QUALITY ASSURANCE COMMITTEES, QUALITY ASSURANCE 8,698
PROGRAMS, OR QUALITY ASSURANCE PROGRAM ACTIVITIES. "QUALITY 8,699
ASSURANCE RECORDS" DOES NOT INCLUDE AGGREGATE STATISTICAL 8,700
INFORMATION THAT DOES NOT DISCLOSE THE IDENTITY OF PERSONS
RECEIVING OR PROVIDING MEDICAL OR MENTAL HEALTH SERVICES IN 8,702
DEPARTMENT OF MENTAL HEALTH INSTITUTIONS.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 8,705
QUALITY ASSURANCE RECORDS ARE CONFIDENTIAL AND ARE NOT PUBLIC 8,706
RECORDS UNDER SECTION 149.43 OF THE REVISED CODE, AND SHALL BE 8,707
USED ONLY IN THE COURSE OF THE PROPER FUNCTIONS OF A QUALITY 8,708
ASSURANCE PROGRAM.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 8,710
PERSON WHO POSSESSES OR HAS ACCESS TO QUALITY ASSURANCE RECORDS 8,711
AND WHO KNOWS THAT THE RECORDS ARE QUALITY ASSURANCE RECORDS 8,712
209
SHALL WILLFULLY DISCLOSE THE CONTENTS OF THE RECORDS TO ANY 8,713
PERSON OR ENTITY.
(C)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 8,716
NO QUALITY ASSURANCE RECORD SHALL BE SUBJECT TO DISCOVERY IN, AND 8,717
IS NOT ADMISSIBLE IN EVIDENCE, IN ANY JUDICIAL OR ADMINISTRATIVE 8,718
PROCEEDING.
(2) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO 8,721
MEMBER OF A QUALITY ASSURANCE COMMITTEE OR A PERSON WHO IS
PERFORMING A FUNCTION THAT IS PART OF A QUALITY ASSURANCE PROGRAM 8,722
SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDICIAL OR 8,723
ADMINISTRATIVE PROCEEDING WITH RESPECT TO QUALITY ASSURANCE 8,724
RECORDS OR WITH RESPECT TO ANY FINDING, RECOMMENDATION, 8,725
EVALUATION, OPINION, OR OTHER ACTION TAKEN BY THE COMMITTEE,
MEMBER, OR PERSON. 8,726
(3) INFORMATION, DOCUMENTS, OR RECORDS OTHERWISE AVAILABLE 8,728
FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS BEING 8,729
UNAVAILABLE FOR DISCOVERY OR ADMISSION IN EVIDENCE IN A JUDICIAL 8,731
OR ADMINISTRATIVE PROCEEDING MERELY BECAUSE THEY WERE PRESENTED 8,733
TO A QUALITY ASSURANCE COMMITTEE. NO PERSON TESTIFYING BEFORE A 8,734
QUALITY ASSURANCE COMMITTEE OR PERSON WHO IS A MEMBER OF A
QUALITY ASSURANCE COMMITTEE SHALL BE PREVENTED FROM TESTIFYING AS 8,735
TO MATTERS WITHIN THE PERSON'S KNOWLEDGE, BUT THE WITNESS CANNOT 8,737
BE ASKED ABOUT THE WITNESS' TESTIMONY BEFORE THE QUALITY 8,738
ASSURANCE COMMITTEE OR ABOUT AN OPINION FORMED BY THE PERSON AS A 8,739
RESULT OF THE QUALITY ASSURANCE COMMITTEE PROCEEDINGS.
(D)(1) A PERSON WHO, WITHOUT MALICE AND IN THE REASONABLE 8,742
BELIEF THAT THE INFORMATION IS WARRANTED BY THE FACTS KNOWN TO 8,743
THE PERSON, PROVIDES INFORMATION TO A PERSON ENGAGED IN QUALITY
ASSURANCE PROGRAM ACTIVITIES IS NOT LIABLE FOR DAMAGES IN A CIVIL 8,744
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY TO ANY 8,746
PERSON AS A RESULT OF PROVIDING THE INFORMATION. 8,747
(2) A MEMBER OF A QUALITY ASSURANCE COMMITTEE, A PERSON 8,749
ENGAGED IN QUALITY ASSURANCE PROGRAM ACTIVITIES, AND AN EMPLOYEE 8,750
OF THE DEPARTMENT OF MENTAL HEALTH SHALL NOT BE LIABLE IN DAMAGES 8,751
210
IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 8,752
PROPERTY TO ANY PERSON FOR ANY ACTS, OMISSIONS, DECISIONS, OR 8,753
OTHER CONDUCT WITHIN THE SCOPE OF THE FUNCTIONS OF THE QUALITY 8,754
ASSURANCE PROGRAM.
(3) NOTHING IN THIS SECTION SHALL RELIEVE ANY INSTITUTION 8,756
OR INDIVIDUAL FROM LIABILITY ARISING FROM THE TREATMENT OF A 8,757
PATIENT.
(E) QUALITY ASSURANCE RECORDS MAY BE DISCLOSED, AND 8,760
TESTIMONY MAY BE PROVIDED CONCERNING QUALITY ASSURANCE RECORDS,
ONLY TO THE FOLLOWING PERSONS OR ENTITIES: 8,761
(1) PERSONS WHO ARE EMPLOYED OR RETAINED BY THE DEPARTMENT 8,763
OF MENTAL HEALTH AND WHO HAVE AUTHORITY TO EVALUATE OR IMPLEMENT 8,764
THE RECOMMENDATIONS OF A STATE-OPERATED HOSPITAL, COMMUNITY 8,765
SETTING PROGRAM, OR CENTRAL OFFICE QUALITY ASSURANCE COMMITTEE; 8,766
(2) PUBLIC OR PRIVATE AGENCIES OR ORGANIZATIONS IF NEEDED 8,768
TO PERFORM A LICENSING OR ACCREDITATION FUNCTION RELATED TO 8,769
DEPARTMENT OF MENTAL HEALTH HOSPITALS OR COMMUNITY SETTING 8,770
PROGRAMS, OR TO PERFORM MONITORING OF A HOSPITAL OR PROGRAM OF 8,771
THAT NATURE AS REQUIRED BY LAW.
(F) A DISCLOSURE OF QUALITY ASSURANCE RECORDS PURSUANT TO 8,773
DIVISION (E) OF THIS SECTION DOES NOT OTHERWISE WAIVE THE 8,774
CONFIDENTIAL AND PRIVILEGED STATUS OF THE DISCLOSED QUALITY 8,775
ASSURANCE RECORDS.
(G) NOTHING IN THIS SECTION SHALL LIMIT THE ACCESS OF THE 8,777
LEGAL RIGHTS SERVICE TO RECORDS OR PERSONNEL AS SET FORTH IN 8,778
SECTIONS 5123.60 TO 5123.604 OF THE REVISED CODE. NOTHING IN 8,780
THIS SECTION SHALL LIMIT THE ADMISSIBILITY OF DOCUMENTARY OR 8,781
TESTIMONIAL EVIDENCE IN AN ACTION BROUGHT BY THE LEGAL RIGHTS 8,782
SERVICE IN ITS OWN NAME OR ON BEHALF OF A CLIENT.
Sec. 5122.99. A PERSON WHO VIOLATES DIVISION (B)(2) OF 8,784
SECTION 5122.32 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 8,785
TWO THOUSAND FIVE HUNDRED DOLLARS ON A FIRST OFFENSE AND NOT MORE 8,786
THAN TWENTY THOUSAND DOLLARS ON A SUBSEQUENT OFFENSE. 8,787
Sec. 5145.16. (A) The department of rehabilitation and 8,796
211
correction shall establish a program for the employment WORK 8,797
PROGRAMS in some form of labor of FOR as many prisoners as 8,799
possible who are in the custody of the department, except those 8,801
prisoners who are not able to perform labor because of illness or 8,802
other health problems, security requirements, routine processing, 8,803
disciplinary action, or other reasonable circumstances or because 8,804
they are engaged in educational, vocational, or other training. 8,805
The employment LABOR may be in the department's manufacturing and 8,806
service industries and agriculture, in private industry or 8,808
agriculture that is located within or outside the department's 8,809
institutions, in public works, in institutional jobs necessary 8,810
for the proper maintenance and operation of the institutions 8,811
under the control of the department, or in any other appropriate 8,812
form of labor. The department, pursuant to the program, shall 8,813
attempt to employ, provide employment for, and seek employment 8,814
for ENGAGE IN WORK PROGRAMS as many prisoners as possible who are 8,815
in their ITS custody AND WHO ARE ELIGIBLE FOR THE PROGRAMS. The 8,817
department is not required to provide employment for ENGAGE every 8,818
employable ELIGIBLE prisoner in their custody A WORK PROGRAM when 8,820
there is not sufficient money, facilities, or jobs ARE NOT 8,822
available to provide the employment FOR THE PROGRAM; however, the 8,823
department shall continuously seek sources of employment LABOR 8,824
for as many employable ELIGIBLE prisoners as possible. 8,825
(B) The department, in establishing and administering the 8,827
program WORK PROGRAMS established pursuant to division (A) of 8,828
this section, shall do all of the following: 8,830
(1) Assign a level, grade within the level, or other 8,832
category for each job within the penal manufacturing and service 8,833
industries and agriculture, each job within private industry and 8,834
agriculture, each institutional job, each job in public works, 8,836
and every other job for which prisoners are eligible to perform 8,837
labor. The level, grade, and other categorization of each job 8,838
shall be dependent upon the skills required to perform the job, 8,839
the security that is present at the job, the salary and other 8,840
212
compensation for the job, and any other relevant characteristics 8,841
of the job. 8,842
(2) Establish for each institution controlled by the 8,844
department a system for assigning prisoners to perform jobs, for 8,845
periodically evaluating the job performance of each prisoner, and 8,846
for periodically evaluating the qualifications of each prisoner 8,847
for other jobs; 8,848
(3) Transfer prisoners, whenever appropriate, to 8,850
institutions controlled by the department to enable a prisoner to 8,851
be employed at ENGAGED IN a different job; 8,852
(4) Whenever appropriate, permit prisoners to be 8,854
furloughed RELEASED ON TRANSITIONAL CONTROL, in addition to other 8,856
authorized reasons for granting a furlough TRANSFERRING A 8,857
PRISONER TO TRANSITIONAL CONTROL, to gain POST-RELEASE employment 8,858
in private industry or agriculture; 8,859
(5) Attempt to provide jobs and job training for prisoners 8,861
that will be useful to the prisoners in obtaining employment when 8,862
released, except that institutional jobs at the institutions need 8,863
not be related to employment outside the institution; 8,864
(6) Establish an accounting system to administer and 8,866
allocate the earnings of the prisoners as provided by division 8,867
(C)(8) of this section; 8,868
(7) Require all persons IN PRIVATE INDUSTRY OR AGRICULTURE 8,870
who employ prisoners to meet all applicable work safety 8,872
standards.
(C) The department, in establishing and administering the 8,874
program WORK PROGRAMS required to be established by division (A) 8,875
of this section, may do any of the following: 8,877
(1) Enter into contracts with private industry and 8,879
agriculture and receive grants to establish test work programs 8,880
within or outside institutions under the control of the 8,881
department; 8,882
(2) Enter into contracts with private industry for the 8,884
establishment of manufacturing and service industries within or 8,885
213
close to institutions under the control of the department for the 8,886
employment of prisoners; 8,887
(3) Enter into contracts with private industry and 8,889
agriculture to provide employment WORK PROGRAMS for prisoners; 8,890
(4) Lease or sell state-owned land for the establishment 8,892
of private industry or agriculture upon the condition that the 8,893
majority of the industrial or agricultural jobs created by the 8,894
industry or agriculture be given to prisoners; 8,895
(5) Construct factories or shops to provide employment 8,897
WORK PROGRAMS for prisoners; 8,899
(6) Enter into contracts with labor organizations, except 8,901
that the department shall not permit any prisoners to establish 8,902
their own labor organization and that a labor organization shall 8,903
not represent any prisoners employed within an institution 8,904
controlled by the department; 8,905
(7) Enter into any other contracts or perform any other 8,907
functions that are necessary to comply with division (A) of this 8,908
section or section 5145.161 of the Revised Code; 8,909
(8) Allocate the earnings of the prisoners as follows: 8,911
(a) Up to twenty-five per cent of the earnings to 8,914
reimburse the state for room and board and for the expense of
providing employment to the prisoner. 8,915
(b) Up to twenty-five per cent of the earnings to be 8,918
distributed to one or both of the following:
(i) To the victims of the prisoner's offenses for 8,920
restitution if the prisoner voluntarily requests or is under 8,921
court order to make restitution payments; 8,922
(ii) To the reparations fund established pursuant to 8,925
division (A) of section 2743.191 of the Revised Code if the 8,926
prisoner voluntarily participates in an approved work and 8,927
training program under this section.
(c) Up to twenty-five per cent of the earnings to the 8,930
prisoner's dependents.
(d) At least twenty-five per cent of the earnings to the 8,933
214
account of the prisoner.
(D) A PRISONER WHO IS ENGAGED IN A WORK PROGRAM THAT IS 8,935
ESTABLISHED UNDER THIS SECTION AND IN WHICH THE PRISONER IS 8,937
REQUIRED TO OPERATE A MOTOR VEHICLE, AS DEFINED IN DIVISION (I) 8,938
OF SECTION 4509.01 OF THE REVISED CODE, IS AN "EMPLOYEE" OF THE 8,939
STATE FOR THE SOLE PURPOSE OF LIABILITY INSURANCE COVERAGE
PURSUANT TO SECTION 9.83 OF THE REVISED CODE TO COVER THE 8,941
PRISONER'S REQUIRED OPERATION OF THE MOTOR VEHICLE. A PRISONER 8,942
ENROLLED IN A WORK PROGRAM ESTABLISHED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION SHALL NOT BE CONSIDERED AS AN 8,943
EMPLOYEE OF THE STATE UNDER ANY OTHER CIRCUMSTANCE OR FOR ANY 8,944
OTHER PURPOSE.
Sec. 5145.24. (A) THE DIRECTOR OF REHABILITATION AND 8,946
CORRECTION MAY GRANT AN ADMINISTRATIVE RELEASE, AS DEFINED IN 8,947
SECTION 2967.01 OF THE REVISED CODE, TO A PRISONER WHO ESCAPED 8,948
FROM A STATE CORRECTIONAL INSTITUTION AND WHOSE WHEREABOUTS ARE 8,949
UNKNOWN WHEN BOTH OF THE FOLLOWING APPLY: 8,950
(1) THE NINETIETH ANNIVERSARY OF THE PRISONER'S BIRTH HAS 8,953
PASSED;
(2) A PERIOD OF AT LEAST TWENTY YEARS HAS PASSED SINCE THE 8,956
DATE OF THE PRISONER'S ESCAPE.
(B) THE DIRECTOR SHALL ADOPT RULES PURSUANT TO SECTION 8,958
111.15 OF THE REVISED CODE FOR THE GRANTING OF AN ADMINISTRATIVE 8,959
RELEASE UNDER THIS SECTION.
(C) AN ADMINISTRATIVE RELEASE GRANTED UNDER THIS SECTION 8,961
DOES NOT OPERATE TO RESTORE THE RIGHTS AND PRIVILEGES FORFEITED 8,962
BY CONVICTION AS PROVIDED IN SECTION 2961.01 OF THE REVISED CODE. 8,963
(D) THE AUTHORITY TO GRANT AN ADMINISTRATIVE RELEASE THAT 8,965
IS CONTAINED IN THIS SECTION IS INDEPENDENT OF THE ADMINISTRATIVE 8,966
RELEASE PROVISIONS CONTAINED IN SECTION 2967.17 OF THE REVISED 8,967
CODE.
Sec. 5149.05. (A) Subject to division (B) of this 8,976
section, employees of the adult parole authority, when authorized 8,978
by the chief of the division of parole and community services, 8,979
215
may carry firearms if required in the discharge of their duties. 8,980
(B) The chief of the adult parole authority may grant a 8,982
state parole officer or field officer AN EMPLOYEE permission to 8,983
carry firearms A FIREARM in the discharge of THE EMPLOYEE'S 8,985
official duties, provided that any parole officer or field 8,986
officer who is granted permission to carry firearms in the 8,987
discharge of official duties shall, within six months of 8,988
receiving permission to carry a firearm, THE EMPLOYEE HAS 8,989
successfully complete COMPLETED a basic firearm training program 8,990
that is conducted at a training school approved by the Ohio peace 8,991
officer training commission and that is substantially similar to 8,992
the basic firearm training program for peace officers conducted 8,993
at the Ohio peace officer training academy and receive a 8,994
certificate of satisfactory completion of that program from the 8,995
executive director of the Ohio peace officer training commission. 8,996
Any state parole or field officer who does not successfully 8,997
complete a basic firearm training program within the six-month 8,998
period after receiving permission to carry a firearm shall not 8,999
carry a firearm in the discharge of official duties until the 9,000
officer has successfully completed a basic firearm training 9,001
program. After receipt of a certificate of satisfactory 9,002
completion of a basic firearm training program, to maintain the 9,003
right to carry firearms in the discharge of official duties, a 9,004
state parole officer or field officer shall ADMINISTERED BY THE 9,005
DEPARTMENT OF REHABILITATION AND CORRECTION. IN ORDER TO 9,006
CONTINUE TO CARRY A FIREARM IN THE DISCHARGE OF THE EMPLOYEE'S
OFFICIAL DUTIES, THE EMPLOYEE ANNUALLY SHALL successfully 9,007
complete a firearms requalification program in accordance with 9,009
section 109.801 of the Revised Code.
Sec. 5149.09. Except as provided in section 5149.02 and 9,018
division (B) of section 5149.10 of the Revised Code, all 9,019
positions in the adult parole authority are in the classified 9,021
civil service of the state, and appointments to the various 9,023
positions in the department shall be made in accordance with 9,024
216
Chapter 124. of the Revised Code and with rules adopted pursuant 9,025
to that chapter.
The chief of the division of parole and community services 9,027
is the principal appointing authority of the adult parole 9,028
authority, and the chief shall appoint all officers and employees 9,030
of the authority except for those officers appointed by the 9,031
director of rehabilitation and correction pursuant to section 9,032
5149.02 or division (B) of section 5149.10 of the Revised Code. 9,033
Sec. 5149.30. As used in sections 5149.30 to 5149.37 of 9,042
the Revised Code: 9,043
(A) "Community corrections programs" include, but are not 9,047
limited to, probation, parole, preventive or diversionary
corrections programs, release-on-recognizance programs, and 9,048
PROSECUTORIAL DIVERSION PROGRAMS, specialized treatment programs 9,050
for alcoholic and narcotic-addicted offenders, AND COMMUNITY 9,051
CONTROL SANCTIONS AS DEFINED IN SECTION 2929.01 OF THE REVISED 9,052
CODE.
(B) "Local corrections planning board" means the board 9,054
established in each county under section 5149.34 of the Revised 9,055
Code. 9,056
(C) "Joint county corrections planning board" means the 9,058
board established by contiguous MULTIPLE counties under section 9,059
5149.35 of the Revised Code. 9,061
Sec. 5149.31. The department of rehabilitation and 9,070
correction shall do all of the following: 9,071
(A) Establish and administer a program of subsidies to FOR 9,073
eligible counties and groups of contiguous counties for felony 9,074
offenders and a program of subsidies to FOR eligible municipal 9,076
corporations, counties, and groups of contiguous counties for 9,079
misdemeanor offenders for the development, implementation, and 9,081
operation of community corrections programs. Department
expenditures for administration of both programs of subsidies 9,082
shall not exceed ten per cent of the moneys appropriated for each 9,083
of the purposes of this division. 9,084
217
(B) Adopt and promulgate rules, under Chapter 119. of the 9,086
Revised Code, providing standards for community corrections 9,087
programs. The standards shall be designed to improve the quality 9,088
and efficiency of the programs and to reduce the number of 9,089
persons committed to state correctional institutions and to 9,091
county, multicounty, municipal, municipal-county, or
multicounty-municipal jails or workhouses for offenses for which 9,092
community control sanctions are authorized under section 2929.13 9,093
or 2929.15 of the Revised Code. In developing the standards, the 9,094
department shall consult with, and seek the advice of, local 9,095
corrections agencies, law enforcement agencies, and other public 9,096
and private agencies concerned with corrections. The department 9,097
shall conduct, and permit participation by local corrections 9,098
planning boards established under section 5149.34 of the Revised 9,099
Code and joint county corrections planning boards established 9,100
under section 5149.35 of the Revised Code in, an annual review of 9,101
the standards to measure their effectiveness in promoting the 9,102
purposes specified in this division and shall amend or rescind 9,103
any existing rule providing a standard or adopt and promulgate 9,104
additional rules providing standards, under Chapter 119. of the 9,105
Revised Code, if the review indicates that the standards fail to 9,106
promote the purposes. 9,107
(C) Accept and use any funds, goods, or services from the 9,109
federal government or any other public or private source for the 9,110
support of the subsidy programs established under division (A) of 9,112
this section. The department may comply with any conditions and
enter into any agreements that it considers necessary to obtain 9,113
these funds, goods, or services. 9,114
(D) Adopt rules, in accordance with Chapter 119. of the 9,116
Revised Code, and do all other things necessary to implement 9,117
sections 5149.30 to 5149.37 of the Revised Code; 9,118
(E) Evaluate or provide for the evaluation of community 9,120
corrections programs funded by the subsidy programs established 9,121
under division (A) of this section and establish means of 9,122
218
measuring their effectiveness;
(F) Prepare an annual report evaluating the subsidy 9,124
programs established under division (A) of this section. The 9,125
report shall include, but need not be limited to, analyses of the 9,126
structure of the programs and their administration by the 9,127
department, the effectiveness of the programs in the development 9,128
and implementation of community corrections programs, the 9,129
specific standards adopted and promulgated under division (B) of 9,130
this section and their effectiveness in promoting the purposes of 9,131
the programs, and the findings of the evaluations conducted under 9,132
division (E) of this section. The director of rehabilitation and 9,133
correction shall review and certify the accuracy of the report 9,134
and provide copies of it, upon request, to members of the general 9,135
assembly. 9,136
(G) Provide training or assistance, upon THE request OF A 9,138
LOCAL CORRECTIONS PLANNING BOARD OR A JOINT COUNTY CORRECTIONS 9,139
PLANNING BOARD, to any local unit of government with an 9,141
in-service training program for corrections personnel, subject to 9,142
available resources of the department. 9,143
Sec. 5149.32. To be eligible for funds from the subsidy 9,152
programs established under division (A) of section 5149.31 of the 9,154
Revised Code, a municipal corporation, county, or group of 9,155
contiguous counties shall comply with all of the following that 9,156
are relevant: 9,157
(A) Maintain programs that meet the standards adopted 9,159
under division (B) of section 5149.31 of the Revised Code, or, in 9,160
the case of a county or group of contiguous counties that has not 9,161
established a department of probation and receives probation 9,162
services through the parole supervision section of the authority, 9,163
establish that any subsidy received from the subsidy program for 9,165
felony offenders established under division (A) of section
5149.31 of the Revised Code would be used to establish or 9,167
maintain programs that meet the standards adopted under division 9,168
(B) of that section and that are or will be operated by the 9,169
219
parole supervision section as an extension of the probation 9,170
services it provides to the county or group of contiguous 9,171
counties;
(B) Demonstrate that it has made efforts to unify or 9,173
coordinate its correctional service programs through 9,174
consolidation, written agreements, purchase of service contracts, 9,175
or other means; 9,176
(C) Demonstrate that the comprehensive plan, if any, for 9,178
the county in which the municipal corporation is located, for the 9,179
county, or for each county of the group of contiguous counties, 9,180
as adopted under section 5149.34 of the Revised Code, has been 9,181
approved by the director of rehabilitation and correction, or 9,182
demonstrate, if applicable, an approval as described in division 9,183
(C) of section 5149.34 of the Revised Code; 9,184
(D) If a subsidy was received in any prior fiscal year 9,186
from a subsidy program established under division (A) of section 9,188
5149.31 of the Revised Code, demonstrate that the subsidy was 9,189
expended in a good faith effort to improve the quality and
efficiency of its community corrections programs and to reduce 9,191
the number of persons committed to state correctional 9,192
institutions and to county, multicounty, municipal,
municipal-county, or multicounty-municipal jails or workhouses. 9,193
Sec. 5149.33. No municipal corporation, county, or group 9,202
of contiguous counties receiving a subsidy under division (A) of 9,203
section 5149.31 of the Revised Code shall reduce, by the amount 9,204
of the subsidy it receives or by a greater or lesser amount, the 9,205
amount of local, nonfederal funds it expends for corrections, 9,206
including, but not limited to, the amount of local, nonfederal
funds it expends for the operation of the county, multicounty, 9,207
municipal, municipal-county, or multicounty-municipal jail or 9,208
workhouse, for any county or municipal probation department, or 9,209
for any community corrections program. Each subsidy shall be 9,210
used to make corrections expenditures in excess of those being 9,211
made from local, nonfederal funds. No subsidy or portion of a 9,212
220
subsidy shall be used to make capital improvements. If a 9,213
recipient violates this section, the department of rehabilitation 9,214
and correction shall discontinue subsidy payments to the
recipient. 9,215
Sec. 5149.34. (A)(1)(a) If a county desires to receive a 9,224
subsidy from a subsidy program established under division (A) of 9,226
section 5149.31 of the Revised Code for two or more community 9,227
corrections programs as described in division (B) of that 9,229
section, then, on and after August 22, 1990, the board of county 9,230
commissioners of the county shall establish, by a resolution as 9,233
described in this division, and maintain a local corrections 9,234
planning board that, except as provided in division (A)(1)(b)(2) 9,235
of this section, shall include an administrator of a county, 9,237
multicounty, municipal, municipal-county, or 9,238
multicounty-municipal jail or workhouse located in the county, a 9,239
county commissioner of that county, a judge of the court of 9,240
common pleas of that county, a judge of a municipal court OR 9,241
COUNTY COURT of that county, an attorney whose practice of law 9,242
primarily involves the representation of criminal defendants, the 9,243
chief law enforcement officer of the largest municipal 9,244
corporation located in the county, the county sheriff, one or 9,245
more prosecutors, as defined in section 2935.01 of the Revised 9,246
Code, one or more representatives of the public, one of whom 9,248
shall be a victim of crime, one or more additional
representatives of the law enforcement community, one or more 9,250
additional representatives of the judiciary, one or more 9,251
additional representatives of the field of corrections, and 9,252
officials from the largest municipal corporation located in the 9,253
county. A majority of the members of the board shall be employed 9,254
in the adult criminal justice field. At least two members of the 9,255
board shall be members of the largest racial minority population, 9,257
if any, in the county, and at least two other members of the 9,258
board shall be women. The resolution shall state the number and 9,259
nature of the members, the duration of their terms, the manner of 9,260
221
filling vacancies on the board, and the compensation, if any, 9,261
that members are to receive. THE BOARD OF COUNTY COMMISSIONERS 9,262
ALSO MAY SPECIFY, AS PART OF THE RESOLUTION, ANY OTHER DUTIES THE 9,263
LOCAL CORRECTIONS PLANNING BOARD IS TO ASSUME.
(b)(2) If, for good cause shown, including, but not 9,265
limited to, the refusal of a specified individual to serve on a 9,266
local corrections planning board, a particular county is not able 9,267
to satisfy the requirements specified in division (A)(1)(a) of 9,268
this section for the composition of such a board, the director of 9,269
rehabilitation and correction may waive the requirements to the 9,270
extent necessary and approve a composition for the board that 9,271
otherwise is consistent with the requirements. 9,272
(2) If a county desires to receive a subsidy from a 9,274
subsidy program established under division (A) of section 5149.31 9,275
of the Revised Code for only one community corrections program as 9,277
described in division (B) of that section, and if that county 9,278
received prior to August 22, 1990, a subsidy from that program 9,279
for any community corrections program as described in division 9,280
(B) of that section, then, on and after August 22, 1990, the 9,281
board of county commissioners of the county shall establish and 9,282
maintain, subject to division (A)(1)(b) of this section, a local 9,283
corrections planning board as described in division (A)(1)(a) of 9,284
this section. 9,285
(3) If a county desires to receive a subsidy from a 9,287
subsidy program established under division (A) of section 5149.31 9,288
of the Revised Code for only one community corrections program as 9,289
described in division (B) of that section, and if that county did 9,291
not receive prior to August 22, 1990, a subsidy from that program 9,292
for any community corrections program as described in division 9,293
(B) of that section, then, on and after August 22, 1990, the 9,294
board of county commissioners of the county may establish and
maintain, but is not required to establish and maintain as a 9,295
condition of receiving the subsidy, a local corrections planning 9,296
board as described in division (A)(1)(a) of this section. If the 9,297
222
board of county commissioners elects to establish and maintain a 9,298
local corrections planning board, the board either shall comply 9,299
with division (B) or (C) of this section. 9,300
(B) Each local corrections planning board established 9,302
pursuant to division (A)(1) or (2) of this section shall adopt 9,303
within eighteen months after its establishment, and from time to 9,304
time shall revise, a comprehensive plan for the development, 9,306
implementation, and operation of corrections services in the 9,307
county. The plan shall be adopted and revised after 9,308
consideration has been given to the impact that it will have or 9,309
has had on the populations of state correctional institutions and 9,311
county, multicounty, municipal, municipal-county, or 9,312
multicounty-municipal jails or workhouses in the county, and 9,313
shall be designed to unify or coordinate corrections services in 9,314
the county and to reduce the number of persons committed, 9,315
consistent with the standards adopted under division (B) of 9,316
section 5149.31 of the Revised Code, from that county to state 9,317
correctional institutions and to county, multicounty, municipal, 9,318
municipal-county, or multicounty-municipal jails or workhouses. 9,319
The plan and any revisions to the plan shall be submitted to the 9,320
board of county commissioners of the county in which the local 9,321
corrections planning board is located for approval. 9,322
If a county has a community-based correctional facility and 9,324
program established in accordance with sections 2301.51 to 9,325
2301.56 of the Revised Code, the budgets of the facility and 9,326
program shall not be subject to approval by the local corrections 9,327
planning board, but instead shall continue to be determined in 9,328
accordance with those sections. However, the local corrections 9,329
planning board shall include the facility and program as part of 9,330
the comprehensive plan adopted and revised pursuant to this 9,331
division. 9,332
(C) If a county desires to receive a subsidy from a 9,334
subsidy program established under division (A) of section 5149.31 9,335
of the Revised Code for only one community corrections program as 9,337
223
described in division (B) of that section, if that county did not 9,338
receive prior to August 22, 1990, a subsidy from that program for 9,339
any community corrections program as described in division (B) of 9,340
that section, and if a local corrections planning board is not 9,341
established and maintained for that county or a local corrections 9,342
planning board is established and maintained for that county but 9,343
the board does not adopt a comprehensive plan as described in 9,344
division (B) of this section in accordance with division (A)(3) 9,345
of this section, then, prior to receiving a subsidy from the 9,346
subsidy program for the felony community corrections program or 9,348
from the subsidy program for the misdemeanor community
corrections program, the board shall obtain the approval of the 9,350
relevant parties in the criminal justice system that will be 9,351
affected by the community corrections program.
Sec. 5149.35. (A) The boards of county commissioners of 9,361
two or more contiguous counties may enter into an agreement for 9,362
the joint development, implementation, and operation of community 9,364
corrections programs and, if the circumstances described in 9,366
division (A)(1)(a) or (2) of section 5149.34 of the Revised Code 9,367
apply to the counties, shall MAY establish and maintain a joint 9,369
county corrections planning board. Subject to division 9,370
(A)(1)(b)(2) of section 5149.34 of the Revised Code, the board 9,371
shall consist of an equal number of members of each county's 9,372
local corrections planning board as established and maintained 9,373
under division (A)(1)(a) or (2) of that section. The joint 9,374
county corrections planning board shall comply with the 9,375
comprehensive plans adopted under that section in the operation 9,376
of community corrections programs, but, if provisions of the 9,378
comprehensive plans are contradictory or otherwise inconsistent, 9,379
the board shall determine which provisions control. 9,380
(B) If contiguous counties desire to receive a subsidy 9,382
from a subsidy program established under division (A) of section 9,384
5149.31 of the Revised Code for only one community corrections 9,385
program as described in division (B) of that section, and if the 9,386
224
counties did not receive prior to August 22, 1990, a subsidy from 9,388
that program for a community corrections program as described in
division (B) of that section, then, on and after August 22, 1990, 9,390
the boards of county commissioners of the counties may establish 9,393
and maintain, but are not required to establish and maintain as a 9,394
condition of receiving the subsidy, a joint county corrections 9,395
planning board as described in division (A) of this section. If 9,396
the boards of county commissioners elect to establish and 9,397
maintain a joint county corrections planning board, the board 9,398
shall comply with either division (B) or (C) of section 5149.34 9,399
of the Revised Code. If the boards of county commissioners do 9,400
not elect to establish and maintain a joint county corrections 9,401
planning board or if they establish and maintain a joint county 9,402
corrections planning board but the board does not adopt a 9,403
comprehensive plan as described in division (B) of section 9,404
5149.34 of the Revised Code, the board shall comply with division 9,405
(C) of that section.
Sec. 5149.36. Subject to appropriations by the general 9,415
assembly, the department of rehabilitation and correction shall 9,416
award subsidies to eligible municipal corporations, counties, and 9,417
groups of contiguous counties pursuant to the subsidy programs 9,418
described in division (A) of section 5149.31 of the Revised Code 9,419
only in accordance with criteria that the department shall 9,420
specify in rules adopted pursuant to Chapter 119. of the Revised 9,421
Code. The criteria shall be designed to provide for subsidy 9,422
awards only on the basis of demonstrated need and the 9,423
satisfaction of specified priorities. The criteria shall be 9,424
consistent with the following:
(A) First priority shall be given to the continued funding 9,426
of existing community corrections programs that satisfy the 9,428
standards adopted pursuant to division (B) of section 5149.31 of 9,429
the Revised Code and that are designed to reduce the number of 9,430
persons committed to state correctional institutions. 9,431
(B) Second priority shall be given to new community 9,433
225
corrections programs that are designed to reduce the number of 9,435
persons committed to state correctional institutions or the 9,437
number of persons committed to county, multicounty, municipal, 9,438
municipal-county, or multicounty-municipal jails or workhouses. 9,439
Sec. 5149.37. No provision of sections 5149.30 to 5149.36 9,448
of the Revised Code shall be construed to impose limitations upon 9,449
the power of the department of rehabilitation and correction 9,450
under Chapters 5120. and 5149. of the Revised Code to afford 9,451
municipal corporations and counties with and to supervise their 9,452
probation, parole, and other corrections services, or to impose 9,453
limitations upon the power of the department to contract with a 9,454
county or group of contiguous counties that has not established a 9,455
department of probation and receives probation services through 9,456
the parole supervision section of the authority, for the purpose 9,457
of establishing and maintaining with the amount of a subsidy 9,458
awarded to the county or group of contiguous counties pursuant to 9,459
sections 5149.31 to 5149.36 of the Revised Code one or more 9,460
community corrections programs that meet the standards adopted 9,462
under division (B) of section 5149.31 of the Revised Code and 9,463
that are or will be operated by the parole supervision section as 9,464
an extension of the probation services it provides to the county 9,465
or group of contiguous counties.
Section 2. That existing sections 9.83, 109.42, 307.93, 9,467
341.14, 341.19, 341.21, 341.23, 341.34, 753.02, 753.04, 753.16, 9,468
753.21, 2301.51, 2301.52, 2301.55, 2301.56, 2305.24, 2305.25, 9,469
2305.251, 2901.07, 2903.13, 2921.36, 2929.01, 2929.13, 2929.14, 9,471
2929.16, 2929.23, 2930.16, 2941.39, 2947.19, 2950.01, 2961.01, 9,472
2963.35, 2967.01, 2967.131, 2967.14, 2967.15, 2967.191, 2967.22, 9,474
2967.26, 2967.27, 2967.28, 2969.21, 2969.22, 2969.24, 2969.26, 9,475
3313.65, 5120.031, 5120.05, 5120.06, 5120.102, 5120.103, 9,476
5120.104, 5120.105, 5120.16, 5120.331, 5120.38, 5122.10, 5145.16, 9,477
5149.05, 5149.09, 5149.30, 5149.31, 5149.32, 5149.33, 5149.34, 9,480
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 9,481
226
are hereby repealed. 9,483
Section 3. That Sections 3, 4, and 5 of Am. Sub. H.B. 725 9,485
of the 119th General Assembly are hereby repealed. 9,486
Section 4. Section 109.42 of the Revised Code is presented 9,489
in this act as a composite of the section as amended by both Am. 9,490
Sub. H.B. 601 and Am. Sub. H.B. 180 of the 121st General 9,491
Assembly, with the new language of neither of the acts shown in 9,493
capital letters. Sections 307.93, 341.14, 341.19, 341.23, 9,494
341.34, 753.02, 753.04, 753.16, 753.21, 2301.56, and 2947.19 of 9,495
the Revised Code are presented in this act as composites of the 9,496
sections as amended by Sub. H.B. 480 and Am. Sub. S.B. 269 of the 9,497
121st General Assembly, with the new language of neither of the 9,498
acts shown in capital letters. Section 2929.01 of the Revised 9,500
Code is presented in this act as a composite of the section as 9,501
amended by Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. S.B. 166, 9,502
Am. Sub. S.B. 269, and Am. Sub. H.B. 180 of the 121st General 9,504
Assembly, with the new language of none of the acts shown in 9,506
capital letters. Section 2929.13 of the Revised Code is 9,507
presented in this act as a composite of the section as amended by 9,508
Am. Sub. H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am. 9,509
Sub. H.B. 180 of the 121st General Assembly, with the new 9,511
language of none of the acts shown in capital letters. Section 9,513
2967.27 of the Revised Code is presented in this act as a 9,514
composite of the section as amended by both Am. Sub. S.B. 269 and 9,515
Am. Sub. H.B. 180 of the 121st General Assembly, with the new 9,516
language of neither of the acts shown in capital letters. 9,517
Section 3313.65 of the Revised Code is presented in this act as a 9,519
composite of the section as amended by both Am. Sub. H.B. 117 and 9,520
Am. Sub. S.B. 2 of the 121st General Assembly, with the new 9,521
language of neither of the acts shown in capital letters. 9,522
Section 5120.031 of the Revised Code is presented in this act as 9,524
a composite of the section as amended by both Am. Sub. S.B. 269 9,525
and Am. Sub. S.B. 230 of the 121st General Assembly, with the new 9,526
language of neither of the acts shown in capital letters. This 9,528
227
is in recognition of the principle stated in division (B) of
section 1.52 of the Revised Code that such amendments are to be 9,529
harmonized where not substantively irreconcilable and constitutes 9,530
a legislative finding that such is the resulting version in 9,531
effect prior to the effective date of this act. 9,532
Section 5. Sections 1, 2, 3, and 4 of this act shall take 9,534
effect on July 1, 1997, or on the earliest date permitted by law, 9,535
whichever is later.