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           


                                                                   12           

                           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                         

                                                          2      

                                                                 
                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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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.                                                                   

                                                          10     

                                                                 
      (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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
      (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          

                                                          13     

                                                                 
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          

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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.