As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 349 5
1999-2000 6
REPRESENTATIVE COUGHLIN 8
_________________________________________________________________ 9
A B I L L
To amend sections 307.93, 341.06, 341.21, 341.23, 11
753.02, 753.04, 753.16, 2305.234, 2921.36, 12
2929.01, 2929.15, 2929.17, 2929.19, 2951.02, 13
2951.03, 2951.05, 2951.08, 2967.01, 2967.131, and 14
4511.83 and to enact sections 341.26, 753.32, and 15
5120.62 of the Revised Code to require the
Department of Rehabilitation and Correction to 16
establish and administer a statewide random drug 17
testing program for prisoners; to authorize the
Department to contract with laboratories to 19
perform random drug testing of prisoners in state 20
correctional institutions; to authorize county
and municipal authorities to enter into such 21
contracts for the random drug testing of county 23
jail prisoners and municipal prisoners; to 24
specifically permit probation authorities and the
Adult Parole Authority to cause offenders on 26
probation, suspension of sentence, community 27
control sanction, parole, or post-release control 28
to submit to random drug testing; to authorize 29
the imposition of a fee for the test if a 30
prisoner fails the drug test and the imposition 31
of bad time upon certain prisoners who fail the 32
drug test; and to increase the penalty for
illegal conveyance of drugs of abuse onto the 33
grounds of a detention facility or a mental
health or mental retardation and developmental 34
disabilities institution.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 307.93, 341.06, 341.21, 341.23, 38
753.02, 753.04, 753.16, 2305.234, 2921.36, 2929.01, 2929.15, 39
2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 2967.01, 41
2967.131, and 4511.83 be amended and sections 341.26, 753.32, and 42
5120.62 of the Revised Code be enacted to read as follows: 43
Sec. 307.93. (A) The boards of county commissioners of 52
two or more adjacent counties may contract for the joint 53
establishment of a multicounty correctional center, and the board 54
of county commissioners of a county or the boards of two or more 55
counties may contract with any municipal corporation or municipal 56
corporations located in that county or those counties for the 57
joint establishment of a municipal-county or 58
multicounty-municipal correctional center. The center shall 59
augment county and, where applicable, municipal jail programs and 60
facilities by providing custody and rehabilitative programs for 61
those persons under the charge of the sheriff of any of the 62
contracting counties or of the officer or officers of the 63
contracting municipal corporation or municipal corporations 64
having charge of persons incarcerated in the municipal jail, 65
workhouse, or other correctional facility who, in the opinion of 66
the sentencing court, need programs of custody and rehabilitation 67
not available at the county or municipal jail and by providing 68
custody and rehabilitative programs in accordance with division 69
(C) of this section, if applicable. The contract may include, 70
but need not be limited to, provisions regarding the acquisition, 71
construction, maintenance, repair, termination of operations, and 72
administration of the center. The contract shall prescribe the 73
manner of funding of, and debt assumption for, the center and the 74
standards and procedures to be followed in the operation of the 75
center. Except as provided in division (H) of this section, the 77
contracting counties and municipal corporations shall form a 79
corrections commission to oversee the administration of the 80
center. Members of the commission shall consist of the sheriff 81
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of each participating county, the president of the board of 82
county commissioners of each participating county, the presiding 83
judge of the court of common pleas of each participating county, 84
or, if the court of common pleas of a participating county has 85
only one judge, then that judge, the chief of police of each 86
participating municipal corporation, the mayor or city manager of 87
each participating municipal corporation, and the presiding judge 88
or the sole judge of the municipal court of each participating 89
municipal corporation. Any of the foregoing officers may appoint 90
a designee to serve in the officer's place on the corrections 91
commission. The standards and procedures shall be formulated and 92
agreed to by the commission and may be amended at any time during 93
the life of the contract by agreement of the parties to the 94
contract upon the advice of the commission. The standards and 95
procedures formulated by the commission shall include, but need 96
not be limited to, designation of the person in charge of the 97
center, the categories of employees to be employed at the center, 98
the appointing authority of the center, and the standards of 99
treatment and security to be maintained at the center. The 100
person in charge of, and all persons employed to work at, the 101
center shall have all the powers of police officers as THAT are 102
necessary for the proper performance of the duties relating to 103
their positions at the center.
(B) Each board of county commissioners that enters a 105
contract under division (A) of this section may appoint a 106
building commission pursuant to section 153.21 of the Revised 107
Code. If any commissions are appointed, they shall function 108
jointly in the construction of a multicounty or 109
multicounty-municipal correctional center with all the powers and 110
duties authorized by law. 111
(C) Prior to the acceptance for custody and rehabilitation 113
into a center established under this section of any persons who 114
are designated by the department of rehabilitation and 115
correction, who plead guilty to or are convicted of a felony of 116
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the fourth or fifth degree, and who satisfy the other
requirements listed in section 5120.161 of the Revised Code, the 117
corrections commission of a center established under this section 119
shall enter into an agreement with the department of 120
rehabilitation and correction under section 5120.161 of the 121
Revised Code for the custody and rehabilitation in the center of 122
persons who are designated by the department, who plead guilty to 123
or are convicted of a felony of the fourth or fifth degree, and 124
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in 125
the center pursuant to an agreement entered into under this 126
division shall be subject to supervision and control in the 128
manner described in section 5120.161 of the Revised Code. This 129
division does not affect the authority of a court to directly 130
sentence a person who is convicted of or pleads guilty to a 131
felony to the center in accordance with section 2929.16 of the
Revised Code. 132
(D)(1) Each board of county commissioners and the 134
legislative authority of each municipal corporation that enters 135
into a contract under division (A) of this section may require a 136
person who was convicted of an offense, who is under the charge 138
of the sheriff of their county or of the officer or officers of 139
the contracting municipal corporation or municipal corporations 140
having charge of persons incarcerated in the municipal jail, 141
workhouse, or other correctional facility, and who is confined in 142
the multicounty, MUNICIPAL-COUNTY, or multicounty-municipal 143
correctional center as provided in that division, to reimburse 144
the applicable county or municipal corporation for its expenses 145
incurred by reason of the person's confinement in the center. 146
The expenses of confinement include, but are not limited to, the 147
expenses relating to the provision of food, clothing, shelter, 149
medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, 150
and up to two hours of overtime costs the sheriff or municipal 151
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corporation incurred relating to the trial of the person. The 153
amount of reimbursement may be the actual cost of the person's 154
confinement plus the authorized trial overtime costs or a lesser 155
amount determined by the board of county commissioners of the 157
county or the legislative authority of the municipal corporation,
provided that the lesser amount shall be determined by a formula 158
that is uniformly applied to persons incarcerated in the center. 159
The amount of reimbursement shall be determined by a court at a 161
hearing held pursuant to section 2929.18 of the Revised Code if
the person is confined for a felony or section 2929.223 of the 162
Revised Code if the person is confined for a misdemeanor. The 164
amount or amounts paid in reimbursement by a person confined for 166
a misdemeanor or the amount recovered from a person confined for 167
a misdemeanor by executing upon the judgment obtained pursuant to 168
section 2929.223 of the Revised Code shall be paid into the 169
treasury of the county or municipal corporation that incurred the 170
expenses. If a person is confined for a felony and the court 171
imposes a sanction under section 2929.18 of the Revised Code that 173
requires the person to reimburse the costs of confinement, the 174
prosecuting attorney of the county or the director of law of the 175
municipal corporation shall bring an action to recover the 176
expenses of the confinement in accordance with section 2929.18 of 177
the Revised Code.
(2) Each board of county commissioners and the legislative 179
authority of each municipal corporation that enters into a 180
contract under division (A) of this section may adopt a 181
resolution or ordinance specifying that a person who was 182
convicted of a felony, who is under the charge of the sheriff of 183
their county or of an officer of one of the contracting municipal 184
corporations having charge of persons incarcerated in the 185
municipal jail, workhouse, or other facility, and who is confined 186
in the multicounty, MUNICIPAL-COUNTY, or multicounty-municipal 187
correctional center as provided in that division is not required 188
to reimburse the applicable county or municipal corporation for 189
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its expenses incurred by reason of the person's confinement in 190
the center, including the expenses listed in division (D)(1) of 191
this section. If the boards and legislative authorities adopt a 192
resolution or ordinance of that nature, the boards and 193
legislative authorities shall provide a copy to the courts of 194
common pleas of their counties, and the court that sentences a
person convicted of a felony shall not impose a sanction under 195
section 2929.18 of the Revised Code that requires the person to 196
reimburse the costs of the confinement. 197
(E) In lieu of requiring offenders to reimburse the county 199
for expenses incurred by reason of the person's confinement under 200
division (D) of this section, each board of county commissioners 201
and the legislative authority of each municipal corporation that 202
enters into a contract under division (A) of this section may 203
jointly adopt a prisoner reimbursement policy for the center
pursuant to this section to be administered by the person 204
appointed under division (A) of this section to be in charge of 205
the center. The person in charge may appoint a reimbursement 206
coordinator to administer the center's prisoner reimbursement 207
policy. A prisoner reimbursement policy adopted under this 208
division is a policy that requires a person confined to the
center to reimburse the applicable political subdivisions for any 209
expenses incurred by reason of the person's confinement in the 210
center, which expenses may include, but are not limited to, the 211
following:
(1) A per diem fee for room and board of not more than 213
sixty dollars per day or the actual per diem cost, whichever is 214
less, for the entire period of time the person is confined to the 215
center;
(2) Actual charges for medical and dental treatment, AND 217
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 218
SECTION 341.26 OF THE REVISED CODE; 219
(3) Reimbursement for government property damaged by the 221
person while confined to the center. 222
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Rates charged shall be on a sliding scale determined by the 224
corrections commission based on the ability of the person 225
confined to the center to pay and on consideration of any legal 226
obligation of the person to support a spouse, minor children, or 227
other dependents and any moral obligation to support dependents 228
to whom the person is providing or has in fact provided support. 229
The reimbursement coordinator or another person designated 231
by the person in charge may investigate the financial status of 232
the confined person and obtain information necessary to 233
investigate that status, by means that may include contacting 234
employers and reviewing income tax records. The coordinator may
work with the confined person to create a repayment plan to be 235
implemented upon the person's release. At the end of that 236
person's incarceration, the person shall be presented with a 237
billing statement.
The reimbursement coordinator or another person designated 239
by the person in charge of the center may collect, or the 240
corrections commission may enter into a contract with one or more 241
public agencies or private vendors to collect, any amounts 242
remaining unpaid. Within twelve months after the date of the
confined person's release, the prosecuting attorney, city 244
director of law, or village solicitor of a participating
political subdivision may file a civil action to seek 245
reimbursement from that person for any billing amount that 246
remains unpaid. The participating political subdivisions shall 247
not enforce any judgment obtained under this section by means of 248
execution against the person's homestead. For purposes of this 249
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 250
under this section shall be credited to the general fund of the 251
political subdivision that bore the expense, to be used for 252
general fund purposes.
(F)(1) Notwithstanding any contrary provision in this 254
section or section 2929.18 or 2929.223 of the Revised Code, the 255
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corrections commission of a center may establish a policy that 256
requires any person who is not indigent and who is confined in 257
the multicounty, municipal-county, or multicounty-municipal 258
correctional center to pay a reasonable fee for any medical 259
treatment or service requested by and provided to that person OR
TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) 260
OF SECTION 341.26 OF THE REVISED CODE. This THE fee FOR THE 262
MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of 263
the treatment or service provided. No person confined to a 264
multicounty, municipal-county, or multicounty-municipal
correctional center who is indigent shall be required to pay 265
those fees, and no person who is confined to a correctional 266
center of that type shall be denied any necessary medical care 267
because of inability to pay those fees.
Upon provision of the requested medical treatment or 269
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 270
the required fee may be automatically deducted from a person's 271
account record in the center's business office. If the person 272
has no funds in the person's account, a deduction may be made at 273
a later date during the person's confinement in the center if 274
funds later become available in the person's account. If the 275
person is released from the center and has an unpaid balance of 276
these fees, the corrections commission may bill the person for
payment of the remaining unpaid fees. Fees received for medical 277
treatment or services shall be paid into the commissary fund, if 278
one has been created for the center, or if no such fund exists, 279
into the treasuries of the political subdivisions that incurred 280
the expenses of those treatments and services, in the same 281
proportion as those expenses were borne by those political
subdivisions. 282
(2) If a person confined to a multicounty, 284
municipal-county, or multicounty-municipal correctional center is 285
required under division (D) or (E) of this section or section 286
2929.18 or 2929.223 of the Revised Code to reimburse a county or 287
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municipal corporation for expenses incurred by reason of the 288
person's confinement to the center, any fees paid by the person 289
under division (F)(1) of this section shall be deducted from the 290
expenses required to be reimbursed under division (D) or (E) of 291
this section or section 2929.18 or 2929.223 of the Revised Code.
(G)(1) The corrections commission of a center established 294
under this section may establish a commissary for the center. 295
The commissary may be established either in-house or by another 296
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. 298
A person's purchases from the commissary shall be deducted from 299
the person's account record in the center's business office. The 300
commissary shall provide for the distribution to indigent persons 301
incarcerated in the center of necessary hygiene articles and 302
writing materials.
(2) If a commissary is established, the corrections 304
commission of a center established under this section shall 305
establish a commissary fund for the center. The management of 306
funds in the commissary fund shall be strictly controlled in 307
accordance with procedures adopted by the auditor of state. 308
Commissary fund revenue over and above operating costs and 309
reserve shall be considered profits. All profits from the 310
commissary fund shall be used to purchase supplies and equipment 311
for the benefit of persons incarcerated in the center. The 312
corrections commission shall adopt rules and regulations for the 313
operation of any commissary fund it establishes. 314
(H) In lieu of forming a corrections commission to 316
administer a multicounty correctional center or a 317
municipal-county or multicounty-municipal correctional center, 318
the boards of county commissioners and the legislative 319
authorities of the municipal corporations contracting to
establish the center may also agree to contract for the private 320
operation and management of the center as provided in section 321
9.06 of the Revised Code, but only if the center houses only 322
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misdemeanant inmates. In order to enter into a contract under 323
section 9.06 of the Revised Code, all the boards and legislative 324
authorities establishing the center shall approve and be parties 325
to the contract.
(I) If a person who is convicted of or pleads guilty to an 327
offense is sentenced to a term in a multicounty correctional 328
center or a municipal-county or multicounty-municipal 329
correctional center or is incarcerated in the center in the 330
manner described in division (C) of this section, or if a person 331
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 332
a multicounty correctional center or a municipal-county or 333
multicounty-municipal correctional center pending trial, at the 335
time of reception and at other times the officer, officers, or 336
other person in charge of the operation of the center determines 337
to be appropriate, the officer, officers, or other person in
charge of the operation of the center may cause the convicted or 338
accused offender to be examined and tested for tuberculosis, HIV 339
infection, hepatitis, including but not limited to hepatitis A, 340
B, and C, and other contagious diseases. The officer, officers, 342
or other person in charge of the operation of the center may 343
cause a convicted or accused offender in the center who refuses 344
to be tested or treated for tuberculosis, HIV infection, 345
hepatitis, including but not limited to hepatitis A, B, and C, or 348
another contagious disease to be tested and treated
involuntarily. 349
(J) As used in this section, "multicounty-municipal" means 350
more than one county and a municipal corporation, or more than 351
one municipal corporation and a county, or more than one 352
municipal corporation and more than one county. 353
Sec. 341.06. (A)(1) In lieu of requiring offenders to 362
reimburse the county for expenses incurred by reason of the 363
person's confinement under section 341.14 or 341.19 of the 364
Revised Code, the board of county commissioners, in an agreement 365
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with the sheriff, may adopt a prisoner reimbursement policy for 366
the jail pursuant to this section to be administered in the jail 367
under the sheriff's direction. The sheriff may appoint a
reimbursement coordinator to administer the jail's prisoner 368
reimbursement policy. 369
(2) A prisoner reimbursement policy adopted under this 371
section is a policy that requires a person confined to the jail 372
to reimburse the county for any expenses it incurs by reason of 373
the person's confinement in the jail, which expenses may include, 374
but are not limited to, the following:
(a) A per diem fee for room and board of not more than 376
sixty dollars per day or the actual per diem cost, whichever is 377
less, for the entire period of time the person is confined to the 378
jail;
(b) Actual charges for medical and dental treatment, AND 380
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 381
SECTION 341.26 OF THE REVISED CODE; 382
(c) Reimbursement for county property damaged by the 384
person while confined to the jail. 385
Rates charged shall be on a sliding scale determined by the 387
sheriff with the approval of the board of county commissioners 388
based on the ability of the person confined to the jail to pay 389
and on consideration of any legal obligation of the person to 390
support a spouse, minor children, or other dependents and any 391
moral obligation to support dependents to whom the person is 392
providing or has in fact provided support.
The reimbursement coordinator or another person designated 394
by the sheriff may investigate the financial status of the 395
confined person and obtain information necessary to investigate 396
that status, by means that may include contacting employers and 397
reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon 398
the person's release. At the end of the person's incarceration, 399
the person shall be presented with a billing statement signed by 400
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the sheriff.
(3) The reimbursement coordinator or another person 402
designated by the sheriff may collect, or the sheriff may enter 403
into a contract with one or more public agencies or private 404
vendors to collect, any amounts remaining unpaid. Within twelve 405
months after the date of the confined person's release, the
prosecuting attorney may file a civil action to seek 406
reimbursement from that person for any billing amount that 407
remains unpaid. The county shall not enforce any judgment 408
obtained under this section by means of execution against the
person's homestead. For purposes of this section, "homestead" 409
has the same meaning as in division (A) of section 323.151 of the 410
Revised Code.
(4) Any reimbursement received under division (A)(3) of 412
this section shall be credited to the county's general fund to be 413
used for general fund purposes.
(B)(1) Notwithstanding any contrary provision in this 415
section or section 341.14, 341.19, 2929.18, or 2929.223 of the 417
Revised Code, the board of county commissioners may establish a
policy that requires any person who is not indigent and who is 418
confined in the county's jail under section 341.14 or 341.19 of 419
the Revised Code to pay a reasonable fee for any medical 420
treatment or service requested by and provided to that person OR 421
TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) 422
OF SECTION 341.26 OF THE REVISED CODE. This THE fee FOR THE 423
MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of 424
the treatment or service provided. No person confined to the 426
jail under either section who is indigent shall be required to
pay those fees, and no person who is confined to the jail under 427
either section shall be denied any necessary medical care because 428
of inability to pay those fees.
Upon provision of the requested medical treatment or 430
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 431
the required fee may be automatically deducted from a person's 432
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account record in the jail's business office. If the person has 433
no funds in the person's account, a deduction may be made at a 434
later date during the person's confinement in the jail if funds 435
later become available in the person's account. If the person is 436
released from the jail and has an unpaid balance of these fees, 437
the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical 438
treatment or services shall be paid into the commissary fund, if 439
one has been created for the jail, or if no commissary fund 440
exists, into the county treasury.
(2) If a person confined to the jail under section 341.14 442
or 341.19 of the Revised Code is required under division (A) of 443
this section or section 341.14, 341.19, 2929.18, or 2929.223 of 444
the Revised Code to reimburse the county for expenses incurred by 445
reason of the person's confinement to the jail, any fees paid by 446
the person under division (B)(1) of this section shall be 447
deducted from the expenses required to be reimbursed under 448
division (A) of this section or section 341.14, 341.19, 2929.18,
or 2929.223 of the Revised Code. 449
Sec. 341.21. (A) The board of county commissioners may 458
direct the sheriff to receive into custody prisoners charged with 460
or convicted of crime by the United States, and to keep such
THOSE prisoners until discharged. 461
The board of the county in which prisoners charged with or 463
convicted of crime by the United States may be so committed may 464
negotiate and conclude any contracts with the United States for 465
the use of the jail as provided by this section and as the board 466
sees fit.
A prisoner so committed shall be supported at the expense 468
of the United States during the prisoner's confinement in the 470
county jail. No greater compensation shall be charged by a 471
sheriff for the subsistence of that type of prisoner than is 472
provided by section 311.20 of the Revised Code to be charged for 473
the subsistence of state prisoners. 474
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A sheriff or jailer who neglects or refuses to perform the 476
services and duties directed by the board by reason of this 477
division, shall be liable to the same penalties, forfeitures, and 478
actions as if the prisoner had been committed under the authority 480
of this state.
(B) Prior to the acceptance for housing into the county 482
jail of persons who are designated by the department of 483
rehabilitation and correction, who plead guilty to or are 484
convicted of a felony of the fourth or fifth degree, and who 485
satisfy the other requirements listed in section 5120.161 of the 486
Revised Code, the board of county commissioners shall enter into
an agreement with the department of rehabilitation and correction 487
under section 5120.161 of the Revised Code for the housing in the 488
county jail of persons designated by the department who plead 489
guilty to or are convicted of a felony of the fourth or fifth 490
degree and who satisfy the other requirements listed in that 491
section in exchange for a per diem fee per person. Persons 492
incarcerated in the county jail pursuant to an agreement entered 493
into under this division shall be subject to supervision and 495
control in the manner described in section 5120.161 of the 496
Revised Code. This division does not affect the authority of a 497
court to directly sentence a person who is convicted of or pleads 498
guilty to a felony to the county jail in accordance with section
2929.16 of the Revised Code. 499
(C)(1) Notwithstanding any contrary provision in the 501
Revised Code, the board of county commissioners may establish a 502
policy that requires any person who is not indigent and who is 503
confined in the jail under division (B) of this section to pay a 504
reasonable fee for any medical treatment or service requested by 505
and provided to that person OR TO PAY THE FEE FOR A RANDOM DRUG
TEST ASSESSED UNDER DIVISION (E) OF SECTION 341.26 OF THE REVISED 506
CODE. This THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall 507
not exceed the actual cost of the treatment or service requested 508
by and provided to that person. This fee shall not exceed the 509
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actual cost of the treatment or service provided. No person 511
confined to the jail who is indigent shall be required to pay
those fees, and no person confined to the jail shall be denied 512
any necessary medical care because of inability to pay those 513
fees.
Upon provision of the requested medical treatment or 515
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 516
the required fee may be automatically deducted from a person's 517
account record in the jail's business office. If the person has 518
no funds in the person's account, a deduction may be made at a 519
later date during the person's confinement in the jail if funds 520
later become available in the person's account. If the person is 521
released from the jail and has an unpaid balance of these fees, 522
the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical 523
treatment or services shall be paid into the commissary fund, if 524
one has been established for the jail or if no such fund exists, 525
into the county treasury.
(2) If a person confined to the jail is required under 527
section 341.06, 2929.18, or 2929.223 of the Revised Code to 528
reimburse the county for expenses incurred by reason of the 529
person's confinement to the jail, any fees paid by the person 530
under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under section 341.06, 2929.18, 532
or 2929.223 of the Revised Code.
(D) If a sheriff receives into custody a prisoner 534
convicted of crime by the United States as described in division 535
(A) of this section, if a person who has been convicted of or 536
pleaded guilty to an offense is incarcerated in the jail in the 537
manner described in division (B) of this section, if a sheriff 538
receives into custody a prisoner charged with a crime by the 539
United States and the prisoner has had bail denied or has had 540
bail set, has not been released on bail, and is confined in jail 541
pending trial, or if a person who has been arrested for an 542
16
offense, and who has been denied bail or has had bail set and has 543
not been released on bail is confined in jail pending trial, at 544
the time of reception and at other times the sheriff or other 545
person in charge of the operation of the jail determines to be 546
appropriate, the sheriff or other person in charge of the
operation of the jail may cause the convicted or accused offender 547
to be examined and tested for tuberculosis, HIV infection, 548
hepatitis, including, but not limited to, hepatitis A, B, and C, 549
and other contagious diseases. The sheriff or other person in 551
charge of the operation of the jail may cause a convicted or 552
accused offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including, but not 553
limited to, hepatitis A, B, and C, or another contagious disease 555
to be tested and treated involuntarily.
Sec. 341.23. (A) The board of county commissioners of any 564
county or the legislative authority of any municipal corporation 565
in which there is no workhouse, may agree with the legislative 566
authority of any municipal corporation or other authority having 567
control of the workhouse of any other city, or with the directors 568
of any district of a joint city and county workhouse or county 569
workhouse, upon terms on which persons convicted of a misdemeanor 570
by any court or magistrate of a county or municipal corporation 571
having no workhouse, may be received into such THAT workhouse, 572
under sentence of the court or magistrate. Such THE board or 573
legislative authority may pay the expenses incurred under the 574
agreement out of the general fund of such THAT county or 575
municipal corporation, upon the certificate of the proper officer 576
of the workhouse.
(B) The sheriff or other officer transporting any person 578
to such THE workhouse DESCRIBED IN DIVISION (A) OF THIS SECTION 580
shall receive six cents per mile for the sheriff or officer, 582
going and returning, five cents per mile for transporting the 583
convict, and five cents per mile, going and coming, for the
service of each deputy, to be allowed as in cases in which a 584
17
person is transported to a state correctional institution. The 585
number of miles shall be computed by the usual routes of travel 586
and, in state cases, shall be paid out of the general fund of the 587
county, on the allowance of the board, and for the violation of 588
the ordinances of any municipal corporation, shall be paid by 589
such THAT municipal corporation on the order of its legislative 590
authority. 591
(C)(1) The board of county commissioners, the directors of 593
the district of a joint city and county workhouse or county 594
workhouse, or the legislative authority of the municipal 595
corporation may require a person who was convicted of an offense 596
and who is confined in a workhouse as provided in division (A) of 598
this section, to reimburse the county, district, or municipal 599
corporation, as the case may be, for its expenses incurred by 600
reason of the person's confinement, including, but not limited 601
to, the expenses relating to the provision of food, clothing, 602
shelter, medical care, personal hygiene products, including, but 603
not limited to, toothpaste, toothbrushes, and feminine hygiene 604
items, and up to two hours of overtime costs the sheriff or 605
municipal corporation incurred relating to the trial of the 606
person. The amount of reimbursement may be the actual cost of 607
the person's confinement plus the authorized trial overtime costs 609
or a lesser amount determined by the board of county 610
commissioners of the county, the directors of the district of the 611
joint city or county workhouse, or the legislative authority of 612
the municipal corporation, provided that the lesser amount shall 613
be determined by a formula that is uniformly applied to persons
incarcerated in the workhouse. The amount of reimbursement shall 614
be determined by a court at a hearing held pursuant to section 615
2929.18 of the Revised Code if the person is confined for a 616
felony or section 2929.223 of the Revised Code if the person is 617
confined for a misdemeanor. The amount or amounts paid in 618
reimbursement by a person confined for a misdemeanor or the 619
amount recovered from a person confined for a misdemeanor by
18
executing upon the judgment obtained pursuant to section 2929.223 620
of the Revised Code shall be paid into the treasury of the 621
county, district, or municipal corporation that incurred the 622
expenses. If a person is confined for a felony and the court 623
imposes a sanction under section 2929.18 of the Revised Code that 624
requires the person to reimburse the costs of confinement, the 625
prosecuting attorney or the municipal chief legal officer shall
bring an action to recover the expenses of confinement, in 626
accordance with section 2929.18 of the Revised Code. 628
(2) The board of county commissioners, the directors of 630
the district of a joint city and county workhouse or county 631
workhouse, or the legislative authority of the municipal 632
corporation may adopt a resolution or ordinance specifying that a 633
person who is convicted of a felony and who is confined in a 634
workhouse as provided in division (A) of this section is not 635
required to reimburse the county, district, or municipal 636
corporation, as the case may be, for its expenses incurred by 637
reason of the person's confinement, including the expenses listed 638
in division (C)(1) of this section. If the board, directors, or 639
legislative authority adopts a resolution or ordinance of that 640
nature, the board, directors, or legislative authority shall 641
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 642
impose a sanction under section 2929.18 of the Revised Code that 643
requires the person to reimburse the costs of the confinement. 644
(D) In lieu of requiring offenders to reimburse the 646
political subdivision for expenses incurred by reason of the 647
person's confinement under division (C) of this section, the 648
board of county commissioners, the directors of the district of 649
joint city and county workhouse or county workhouse, or the
legislative authority of the municipal corporation having control 650
of the workhouse may adopt a prisoner reimbursement policy for 651
the workhouse under this division. A THE BOARD, DIRECTORS, OR 652
AUTHORITY MAY APPOINT A reimbursement coordinator may be 653
19
appointed to administer the prisoner reimbursement policy. A 654
prisoner reimbursement policy adopted under this division is a 655
policy that requires a person confined to the workhouse to
reimburse the political subdivision responsible for paying 656
prisoner expenses for any expenses it incurs by reason of the 657
person's confinement in the workhouse, which expenses may 658
include, but are not limited to, the following:
(1) A per diem fee for room and board of not more than 660
sixty dollars per day or the actual per diem cost, whichever is 661
less, for the entire period of time the person is confined to the 662
workhouse;
(2) Actual charges for medical and dental treatment, AND 664
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 665
SECTION 341.26 OF THE REVISED CODE; 666
(3) Reimbursement for government property damaged by the 668
person while confined to the workhouse. 669
Rates charged shall be on a sliding scale determined by the 671
board of county commissioners, the directors of the district of 672
joint city and county workhouse or county workhouse, or the 673
legislative authority of the municipal corporation having control 674
of the workhouse, based on the ability of the person confined to 675
the workhouse to pay and on consideration of any legal obligation 676
of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom 677
the person is providing or has in fact provided support. 678
The reimbursement coordinator or another person designated 680
by the administrator of the workhouse may investigate the 681
financial status of the person and obtain information necessary 682
to investigate that status, by means that may include contacting 683
employers and reviewing income tax records. The coordinator may 684
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 685
person's incarceration, the person shall be presented with a 686
billing statement.
20
The reimbursement coordinator or another appointed person 688
may collect, or the board of county commissioners, the directors 689
of the district of joint city and county workhouse or county 690
workhouse, or the legislative authority of the municipal 691
corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to 692
collect, any amounts remaining unpaid. Within twelve months 693
after the date of the confined person's release, the prosecuting 694
attorney, city director of law, village solicitor, or attorney 695
for the district may file a civil action to seek reimbursement 696
from that person for any billing amount that remains unpaid. The 697
political subdivision shall not enforce any judgment obtained
under this section by means of execution against the person's 698
homestead. For purposes of this section, "homestead" has the 699
same meaning as in division (A) of section 323.151 of the Revised 700
Code. Any reimbursement received under this section shall be 701
credited to the general fund of the political subdivision that
bore the expense, to be used for general fund purposes. 702
(E)(1) Notwithstanding any contrary provision in this 704
section or section 2929.18 or 2929.223 of the Revised Code, the 705
appropriate board of county commissioners and legislative 706
authorities may include in their agreement entered into under 707
division (A) of this section a policy that requires any person 708
who is not indigent and who is confined in the county, city,
district, or joint city and county workhouse under this section 709
to pay a reasonable fee for any medical treatment or service 710
requested by and provided to that person OR TO PAY THE FEE FOR A 711
RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION 341.26 OF 712
THE REVISED CODE. This THE fee FOR THE MEDICAL TREATMENT OR 713
SERVICE shall not exceed the actual cost of the treatment or 714
service provided. No person confined to a county, city, 715
district, or joint city and county workhouse under this section 716
who is indigent shall be required to pay those fees, and no 717
person confined to any workhouse of that type shall be denied any 718
21
necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or 720
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 721
the required fee may be automatically deducted from a person's 722
account record in the workhouse's business office. If the person 723
has no funds in the person's account, a deduction may be made at 724
a later date during the person's confinement in the workhouse if 725
funds later become available in the person's account. If the 726
person is released from the workhouse and has an unpaid balance 727
of these fees, the appropriate board of county commissioners and
legislative authorities may bill the person for payment of the 728
remaining unpaid fees in the same proportion as those expenses 729
were borne by the political subdivision issuing the billing 730
statement. Fees received for medical treatment or services shall 731
be paid into the commissary fund, if one has been created for the 732
workhouse, or if no such fund exists, into the treasuries of the 733
political subdivisions that incurred the expenses of those
treatments or services in the same proportion as those expenses 734
were borne by these political subdivisions. 735
(2) If a person confined to a county, city, district, or 737
joint city and county workhouse is required under division (C) or 738
(D) of this section or section 2929.18 or 2929.223 of the Revised 739
Code to reimburse a county or municipal corporation for expenses 740
incurred by reason of the person's confinement to the workhouse, 741
any fees paid by the person under division (E)(1) of this section 742
shall be deducted from the expenses required to be reimbursed 743
under division (C) or (D) of this section or section 2929.18 or
2929.223 of the Revised Code. 744
(F) If a person who has been convicted of or pleaded 746
guilty to an offense is incarcerated in the workhouse as provided 747
in division (A) of this section, at the time of reception and at 749
other times the person in charge of the operation of the 750
workhouse determines to be appropriate, the person in charge of 752
the operation of the workhouse may cause the convicted offender 753
22
to be examined and tested for tuberculosis, HIV infection, 755
hepatitis, including but not limited to hepatitis A, B, and C, 756
and other contagious diseases. The person in charge of the 758
operation of the workhouse may cause a convicted offender in the 759
workhouse who refuses to be tested or treated for tuberculosis, 761
HIV infection, hepatitis, including but not limited to hepatitis 762
A, B, and C, or another contagious disease to be tested and 764
treated involuntarily.
Sec. 341.26. (A) AS USED IN THIS SECTION: 766
(1) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 769
SECTION 5120.62 OF THE REVISED CODE. 771
(2) "PRISONER" MEANS A PERSON CONFINED IN A JAIL OR 773
MULTICOUNTY CORRECTIONAL CENTER FOLLOWING A CONVICTION OF OR PLEA 774
OF GUILTY TO A CRIMINAL OFFENSE. 775
(B) THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY, WITH 777
THE CONSENT OF THE SHERIFF OF THE COUNTY, OR THE BOARDS OF COUNTY 778
COMMISSIONERS OF TWO OR MORE ADJACENT COUNTIES THAT HAVE JOINTLY 779
ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO SECTION 780
307.93 OF THE REVISED CODE, WITH THE CONSENT OF THE SHERIFFS OF 783
THOSE ADJACENT COUNTIES, MAY ENTER INTO A CONTRACT WITH A
LABORATORY OR ENTITY TO PERFORM BLOOD OR URINE SPECIMEN 784
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION, 785
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED IN 786
THE PERFORMANCE OF RANDOM DRUG TESTING OF PRISONERS. THE TERMS 787
OF ANY CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A 788
REQUIREMENT THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE 789
SHERIFF, DEPUTY SHERIFFS, THE CORRECTIONS COMMISSION OR THE 790
ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL CENTER SPECIFIED IN 791
DIVISION (D) OF THIS SECTION, THE EMPLOYEES OF THE JAIL AND 792
MULTICOUNTY CORRECTIONAL CENTER, AND ALL OTHER PERSONS COMPLY 793
WITH THE STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS 794
SPECIFIED IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION. 795
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A LABORATORY OR 798
ENTITY UNDER DIVISION (B) OF THIS SECTION, A BOARD OF COUNTY 800
23
COMMISSIONERS OR, IN THE CASE OF A MULTICOUNTY CORRECTIONAL 801
CENTER, THE BOARDS OF COUNTY COMMISSIONERS OF THE COUNTIES THAT 802
HAVE ESTABLISHED THE CENTER SHALL ADOPT RULES FOR THE RANDOM DRUG 803
TESTING OF PRISONERS. THE RULES SHALL INCLUDE, BUT ARE NOT 804
LIMITED TO, PROVISIONS THAT DO THE FOLLOWING:
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK, OBTAIN, AND 807
MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG ABUSE; 808
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 810
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING 811
THE FOLLOWING: 812
(a) THE COLLECTION BY THE LABORATORY OR ENTITY OF BLOOD OR 815
URINE SPECIMENS OF INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY 816
APPROVED MANNER AND UNDER REASONABLE AND SANITARY CONDITIONS; 817
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 819
OF BLOOD OR URINE SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF 821
THE INDIVIDUAL BEING TESTED AND IN A MANNER REASONABLY CALCULATED 822
TO PREVENT SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND 823
TESTING OF THE SPECIMENS; 824
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 826
COLLECTED BY THE LABORATORY OR ENTITY AND DOCUMENTATION 828
PROCEDURES THAT REASONABLY PRECLUDE THE POSSIBILITY OF ERRONEOUS 829
IDENTIFICATION OF TEST RESULTS AND THAT PROVIDE THE INDIVIDUAL 830
BEING TESTED AN OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING 831
ANY PRESCRIPTION OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL 832
IN CONNECTION WITH A MEDICAL CONDITION; 833
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 835
TRANSPORTATION BY THE LABORATORY OR ENTITY OF BLOOD OR URINE 837
SPECIMENS IN A MANNER THAT REASONABLY PRECLUDES THE POSSIBILITY 838
OF CONTAMINATION OR ADULTERATION OF THE SPECIMENS; 839
(e) THE TESTING BY THE LABORATORY OR ENTITY OF A BLOOD OR 842
URINE SPECIMEN OF AN INDIVIDUAL TO DETERMINE WHETHER THE 843
INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, IN A 844
MANNER THAT CONFORMS TO SCIENTIFICALLY ACCEPTED ANALYTICAL 845
METHODS AND PROCEDURES AND THAT MAY INCLUDE VERIFICATION OR 846
24
CONFIRMATION OF ANY POSITIVE TEST RESULT BY A RELIABLE ANALYTICAL 847
METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 849
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO IS 851
QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM THAT 852
ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD 853
OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE 854
AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 855
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 857
TESTING ON PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL 858
CENTER; 859
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 861
SELECTION OF PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL 862
CENTER TO SUBMIT TO RANDOM DRUG TESTING UNDER THIS SECTION; 864
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR TRANSMITTING THE 866
RESULTS OF THE RANDOM DRUG TESTING OF PRISONERS IN THE JAIL OR 867
MULTICOUNTY CORRECTIONAL CENTER FROM THE CONTRACTING LABORATORY 868
OR ENTITY TO THE SHERIFF, THE CORRECTIONS COMMISSION, OR THE 869
ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO 870
DIVISION (E) OF THIS SECTION; 871
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 873
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A 874
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH 876
PROCEDURES PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE 877
COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO THE DRUG 879
TESTS.
(D) IF A BOARD OF COUNTY COMMISSIONERS ENTERS INTO A 881
CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE SHERIFF OF 884
THAT COUNTY, PURSUANT TO THE TERMS OF THE CONTRACT AND THE RULES 885
ADOPTED UNDER DIVISION (C) OF THIS SECTION, SHALL FACILITATE THE 887
COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION BY THE 888
CONTRACTING LABORATORY OR ENTITY OF THE BLOOD OR URINE SPECIMENS 889
OF THE PRISONERS WHO ARE CONFINED IN THE JAIL AND WHO ARE SUBJECT 890
25
TO RANDOM DRUG TESTING. IF THE BOARDS OF COUNTY COMMISSIONERS 891
THAT HAVE JOINTLY ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER 892
ENTER INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, 893
THE CORRECTIONS COMMISSION OR THE ADMINISTRATOR OF THE 894
MULTICOUNTY CORRECTIONAL CENTER, PURSUANT TO THE TERMS OF THE 895
CONTRACT AND THE RULES ADOPTED UNDER DIVISION (C) OF THIS 897
SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION, 898
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR 899
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE PRISONERS WHO ARE 900
CONFINED IN THE MULTICOUNTY CORRECTIONAL CENTER AND WHO ARE 901
SUBJECT TO RANDOM DRUG TESTING. 902
(E) IF A COUNTY OR TWO OR MORE ADJACENT COUNTIES ENTER 904
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE 906
CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING 907
AS PROVIDED IN THE CONTRACT, THE LABORATORY OR ENTITY SHALL 908
TRANSMIT THE RESULTS OF THE DRUG TESTS TO THE SHERIFF,
CORRECTIONS COMMISSION, OR ADMINISTRATOR WHO FACILITATED THE 911
COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION OF 912
BLOOD OR URINE SPECIMENS UNDER DIVISION (D) OF THIS SECTION. THE 913
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL FILE FOR 914
RECORD THE RESULTS OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER 916
OR NOT EACH PRISONER WHO IS CONFINED IN THE JAIL OR MULTICOUNTY 917
CORRECTIONAL CENTER AND WHO WAS SUBJECTED TO THE DRUG TEST 918
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE SHERIFF, 919
CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL GIVE APPROPRIATE 920
NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER WHO WAS 921
SUBJECTED TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS INDICATE 922
THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 923
THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL 924
AFFORD THAT PRISONER AN OPPORTUNITY TO BE HEARD REGARDING THE 925
RESULTS OF THE DRUG TEST AND TO PRESENT CONTRARY EVIDENCE AT A 926
HEARING HELD BEFORE THE SHERIFF, CORRECTIONS COMMISSION, OR 927
ADMINISTRATOR WITHIN THIRTY DAYS AFTER NOTIFICATION OF THE 928
PRISONER UNDER THIS DIVISION. AFTER THE HEARING, IF A HEARING IS 929
26
HELD, THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL 930
MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY THE 932
PRISONER. IF THE SHERIFF, CORRECTIONS COMMISSION, OR 933
ADMINISTRATOR REJECTS THE EVIDENCE PRESENTED BY THE PRISONER AT 934
THE HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE 935
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR MAY ASSESS A 936
REASONABLE FEE, DETERMINED PURSUANT TO DIVISION (C) OF THIS 938
SECTION, FOR THE COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE 939
PAID BY THE PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE 940
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 941
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR MAY COLLECT THE 942
FEE PURSUANT TO SECTION 307.93, 341.06, 341.21, OR 341.23 OF THE 943
REVISED CODE. 944
Sec. 753.02. (A) The legislative authority of a municipal 953
corporation shall provide by ordinance for sustaining all persons 954
sentenced to or confined in a prison or station house at the 955
expense of the municipal corporation, and in counties where 956
prisons or station houses are in quarters leased from the board 957
of county commissioners, may contract with the board for the care 958
and maintenance of such THOSE persons by the sheriff or other 959
person charged with the care and maintenance of county prisoners. 960
On the presentation of bills for food, sustenance, and necessary 961
supplies, to the proper officer, certified by such THE person as 963
WHOM the legislative authority designates, the officer shall
audit the bills under the rules prescribed by the legislative 965
authority, and draw the officer's order on the treasurer of the 966
municipal corporation in favor of the person presenting the bill. 967
(B)(1) The legislative authority of the municipal 969
corporation may require a person who was convicted of an offense 970
and who is confined in a prison or station house as provided in 971
division (A) of this section, or a person who was convicted of an 972
offense and who is confined in the county jail as provided in 973
section 1905.35 of the Revised Code, to reimburse the municipal 974
corporation for its expenses incurred by reason of the person's 975
27
confinement, including, but not limited to, the expenses relating 976
to the provision of food, clothing, shelter, medical care, 978
personal hygiene products, including, but not limited to, 979
toothpaste, toothbrushes, and feminine hygiene items, and up to 980
two hours of overtime costs the sheriff or municipal corporation
incurred relating to the trial of the person. The amount of 981
reimbursement may be the actual cost of the prisoner's 982
confinement plus the authorized trial overtime costs or a lesser 983
amount determined by the legislative authority of the municipal 984
corporation, provided that the lesser amount shall be determined 985
by a formula that is uniformly applied to persons incarcerated in 986
the prison, station house, or county jail. The amount of 987
reimbursement shall be determined by a court at a hearing held 988
pursuant to section 2929.18 of the Revised Code if the person is 989
confined for a felony or section 2929.223 of the Revised Code if 990
the person is confined for a misdemeanor. The amount or amounts 992
paid in reimbursement by a person confined for a misdemeanor or 993
the amount recovered from a person confined for a misdemeanor by 994
executing upon the judgment obtained pursuant to section 2929.223 995
of the Revised Code shall be paid into the treasury of the 996
municipal corporation. If a person is confined for a felony and 997
the court imposes a sanction under section 2929.18 of the Revised 998
Code that requires the person to reimburse the costs of 999
confinement, the village solicitor, city director of law, or
other chief legal officer shall bring an action to recover the 1,000
expenses of confinement in accordance with section 2929.18 of the 1,001
Revised Code. 1,002
(2) The legislative authority of the municipal corporation 1,004
may adopt an ordinance specifying that a person who is convicted 1,005
of a felony and who is confined in a prison or station house as 1,006
provided in division (A) of this section is not required to 1,007
reimburse the municipal corporation for its expenses incurred by 1,008
reason of the person's confinement, including the expenses listed 1,009
in division (B)(1) of this section. If the legislative authority 1,011
28
adopts an ordinance of that nature, the legislative authority
shall provide a copy to the court of common pleas of the county, 1,012
and the court that sentences a person convicted of a felony shall 1,013
not impose a sanction under section 2929.18 of the Revised Code 1,014
that requires the person to reimburse the costs of the 1,015
confinement.
(C) In lieu of requiring offenders to reimburse the 1,017
municipal corporation for expenses incurred by reason of the 1,018
person's confinement under division (B) of this section, the 1,019
legislative authority of the municipal corporation may adopt a 1,020
prisoner reimbursement policy for the prison or station house
under this division. The prison or station house administrator 1,021
may appoint a reimbursement coordinator to administer the 1,022
prisoner reimbursement policy. A prisoner reimbursement policy 1,023
adopted under this division is a policy that requires a person 1,024
confined to the prison or station house to reimburse the
municipal corporation for any expenses it incurs by reason of the 1,025
person's confinement in the prison or station house, which 1,026
expenses may include, but are not limited to, the following: 1,027
(1) A per diem fee for room and board of not more than 1,029
sixty dollars per day or the actual per diem cost, whichever is 1,030
less, for the entire period of time the person is confined to the 1,031
prison or station house;
(2) Actual charges for medical and dental treatment, AND 1,033
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 1,034
SECTION 753.32 OF THE REVISED CODE; 1,035
(3) Reimbursement for municipal property damaged by the 1,037
person while confined to the prison or station house. 1,038
Rates charged shall be on a sliding scale determined by the 1,040
legislative authority of the municipal corporation, based on the 1,041
ability of the person confined to the prison or station house to 1,042
pay and on consideration of any legal obligation of the person to 1,043
support a spouse, minor children, or other dependents and any 1,044
moral obligation to support dependents to whom the person is 1,045
29
providing or has in fact provided support.
The reimbursement coordinator or another appointed person 1,047
may investigate the financial status of the confined person and 1,048
obtain information necessary to investigate that status, by means 1,049
that may include contacting employers and reviewing income tax 1,050
records. The coordinator may work with the confined person to 1,051
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,052
shall be presented with a billing statement. 1,053
The reimbursement coordinator or another appointed person 1,055
may collect, or the legislative authority of the municipal 1,056
corporation may enter into a contract with one or more public 1,057
agencies or private vendors to collect, any amounts remaining 1,058
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,059
other attorney for the municipal corporation may file a civil 1,060
action to seek reimbursement from that person for any billing 1,061
amount that remains unpaid. The municipal corporation shall not 1,062
enforce any judgment obtained under this section by means of 1,063
execution against the person's homestead. For purposes of this 1,064
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,065
under this section shall be credited to the general fund of the 1,066
municipal corporation that bore the expense, to be used for 1,067
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,069
section or section 2929.18 or 2929.223 of the Revised Code, the 1,070
legislative authority of the municipal corporation may establish 1,071
a policy that requires any person who is not indigent and who is 1,072
confined in a prison or station house to pay a reasonable fee for 1,073
any medical treatment or service requested by and provided to 1,074
that person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED
UNDER DIVISION (E) OF SECTION 753.32 OF THE REVISED CODE. This 1,075
THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed the 1,077
30
actual cost of the treatment or service provided. No person 1,078
confined to a prison or station house who is indigent shall be 1,079
required to pay those fees, and no person confined to a prison or 1,080
station house shall be denied any necessary medical care because 1,081
of inability to pay those fees.
Upon provision of the requested medical treatment or 1,083
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,084
the required fee may be automatically deducted from a person's 1,085
account record in the prison or station house's business office. 1,086
If the person has no funds in the person's account, a deduction 1,087
may be made at a later date during the person's confinement in 1,088
the prison or station house if funds later become available in 1,089
the person's account. If the person is released from the prison
or station house and has an unpaid balance of these fees, the 1,090
legislative authority may bill the person for payment of the 1,091
remaining unpaid fees. Fees received for medical treatment or 1,092
services shall be paid into the commissary fund, if one has been 1,093
created for the prison or station house, or if no such fund 1,094
exists, into the municipal treasury.
(2) If a person confined to a prison or station house is 1,096
required under division (B) or (C) of this section or section 1,097
2929.18 or 2929.223 of the Revised Code to reimburse the 1,098
municipal corporation for expenses incurred by reason of the 1,099
person's confinement to the prison or station house, any fees
paid by the person under division (D)(1) of this section shall be 1,100
deducted from the expenses required to be reimbursed under 1,101
division (B) or (C) of this section or section 2929.18 or 1,102
2929.223 of the Revised Code.
(E) If a person who has been convicted of or pleaded 1,104
guilty to an offense is sentenced to a term of imprisonment in a 1,105
prison or station house as described in division (A) of this 1,106
section, or if a person who has been arrested for an offense, and 1,107
who has been denied bail or has had bail set and has not been 1,108
released on bail is confined in a prison or station house as
31
described in division (A) of this section pending trial, at the 1,110
time of reception and at other times the person in charge of the 1,112
operation of the prison or station house determines to be 1,113
appropriate, the person in charge of the operation of the prison 1,114
or station house may cause the convicted or accused offender to
be examined and tested for tuberculosis, HIV infection, 1,116
hepatitis, including, but not limited to, hepatitis A, B, and C, 1,117
and other contagious diseases. The person in charge of the 1,119
operation of the prison or station house may cause a convicted or 1,120
accused offender in the prison or station house who refuses to be
tested or treated for tuberculosis, HIV infection, hepatitis, 1,122
including, but not limited to, hepatitis A, B, and C, or another 1,123
contagious disease to be tested and treated involuntarily. 1,124
Sec. 753.04. (A) When a person over sixteen years of age 1,133
is convicted of an offense under the law of this state or an 1,134
ordinance of a municipal corporation, and the tribunal before 1,135
which the conviction is had is authorized by law to commit the 1,136
offender to the county jail or municipal corporation prison, the 1,137
court, mayor, or judge of the county court, as the case may be, 1,138
may sentence the offender to a workhouse. 1,139
When a commitment is made from a municipal corporation or 1,141
township in the county, other than in a municipal corporation 1,142
having a workhouse, the legislative authority of the municipal 1,143
corporation or the board of township trustees shall transmit with 1,144
the mittimus a sum of money equal to not less than seventy cents 1,145
per day for the time of the commitment, to be placed in the hands 1,146
of the superintendent of a workhouse for the care and maintenance 1,147
of the prisoner. 1,148
(B)(1) The legislative authority of the municipal 1,150
corporation or the board of township trustees may require a 1,151
person who is convicted of an offense and who is confined in a 1,153
workhouse as provided in division (A) of this section, to 1,154
reimburse the municipal corporation or the township, as the case 1,155
may be, for its expenses incurred by reason of the person's 1,156
32
confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical care, 1,158
personal hygiene products, including, but not limited to,
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,159
two hours of overtime costs the sheriff or municipal corporation 1,160
incurred relating to the trial of the person. The amount of 1,161
reimbursement may be the actual cost of the prisoner's 1,162
confinement plus the authorized trial overtime costs or a lesser 1,163
amount determined by the legislative authority of the municipal 1,164
corporation or board of township trustees, provided that the 1,165
lesser amount shall be determined by a formula that is uniformly 1,166
applied to persons incarcerated in the workhouse. The amount of 1,167
reimbursement shall be determined by a court at a hearing held 1,168
pursuant to section 2929.18 of the Revised Code if the person is 1,170
confined for a felony or section 2929.223 of the Revised Code if 1,171
the person is confined for a misdemeanor. The amount or amounts 1,173
paid in reimbursement by a person confined for a misdemeanor or 1,175
the amount recovered from a person confined for a misdemeanor by 1,177
executing upon the judgment obtained pursuant to section 2929.223 1,178
of the Revised Code shall be paid into the treasury of the
municipal corporation or township that incurred the expenses. If 1,179
a person is confined for a felony and the court imposes a 1,181
sanction under section 2929.18 of the Revised Code that requires 1,182
the person to reimburse the costs of confinement, the city 1,184
director of law, village solicitor, or other chief legal officer
shall bring an action to recover the expenses of confinement in 1,185
accordance with section 2929.18 of the Revised Code. 1,186
(2) The legislative authority of a municipal corporation 1,188
or the board of township trustees may adopt an ordinance or 1,189
resolution specifying that a person who is convicted of a felony 1,190
and who is confined in a workhouse as provided in division (A) of 1,191
this section is not required to reimburse the municipal 1,192
corporation or the township, as the case may be, for its expenses 1,193
incurred by reason of the person's confinement, including the 1,194
33
expenses listed in division (B)(1) of this section. If the 1,195
legislative authority or board adopts a resolution of that 1,196
nature, the legislative authority or board shall provide a copy 1,197
to the court of common pleas of the county, and the court that 1,198
sentences a person convicted of a felony shall not impose a 1,199
sanction under section 2929.18 of the Revised Code that requires 1,200
the person to reimburse the costs of the confinement. 1,201
(C) In lieu of requiring offenders to reimburse the 1,203
political subdivision for expenses incurred by reason of the 1,204
person's confinement in a municipal workhouse under division (B) 1,205
of this section or under division (C) of section 753.16 of the 1,206
Revised Code, the legislative authority of the municipal
corporation may adopt a prisoner reimbursement policy for the 1,207
workhouse under this division. A THE LEGISLATIVE AUTHORITY OF 1,208
THE MUNICIPAL CORPORATION MAY APPOINT A reimbursement coordinator 1,209
may be appointed to administer the prisoner reimbursement policy. 1,210
A prisoner reimbursement policy adopted under this division is a 1,212
policy that requires a person confined to the municipal workhouse 1,213
to reimburse any expenses it incurs by reason of the person's 1,214
confinement in the workhouse, which expenses may include, but are
not limited to, the following: 1,215
(1) A per diem fee for room and board of not more than 1,217
sixty dollars per day or the actual per diem cost, whichever is 1,218
less, for the entire period of time the person is confined to the 1,219
workhouse;
(2) Actual charges for medical and dental treatment, AND 1,221
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 1,222
SECTION 753.32 OF THE REVISED CODE; 1,223
(3) Reimbursement for municipal property damaged by the 1,225
person while confined to the workhouse. 1,226
Rates charged shall be on a sliding scale determined by the 1,228
legislative authority of the municipal corporation based on the 1,229
ability of the person confined to the workhouse to pay and on 1,230
consideration of any legal obligation of the person to support a 1,231
34
spouse, minor children, or other dependents and any moral 1,232
obligation to support dependents to whom the person is providing
or has in fact provided support. 1,233
The reimbursement coordinator or another workhouse employee 1,235
may investigate the financial status of the confined person and 1,236
obtain information necessary to investigate that status, by means 1,237
that may include contacting employers and reviewing income tax 1,238
records. The coordinator may work with the confined person to 1,239
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,240
shall be presented with a billing statement. 1,241
The reimbursement coordinator or another workhouse employee 1,243
may collect, or the legislative authority of the municipal 1,244
corporation may enter into a contract with one or more public 1,245
agencies or private vendors to collect, any amounts remaining 1,246
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,247
other attorney for the municipal corporation may file a civil 1,248
action to seek reimbursement from that person for any billing 1,249
amount that remains unpaid. The municipal corporation shall not 1,250
enforce any judgment obtained under this section by means of 1,251
execution against the person's homestead. For purposes of this 1,252
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,253
under this section shall be credited to the general fund of the 1,254
political subdivision that bore the expense, to be used for 1,255
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,257
section or section 2929.18 or 2929.223 of the Revised Code, the 1,258
legislative authority of the municipal corporation or board of 1,259
township trustees may establish a policy that requires any person 1,260
who is not indigent and who is confined in the workhouse under 1,261
division (A) of this section to pay a reasonable fee for any
medical treatment or service requested by and provided to that 1,262
35
person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER 1,263
DIVISION (E) OF SECTION 753.32 OF THE REVISED CODE. This THE fee 1,265
FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed the actual 1,266
cost of the treatment or service provided. No person confined to 1,267
a workhouse who is indigent shall be required to pay those fees, 1,268
and no person confined to a workhouse shall be denied any
necessary medical care because of inability to pay those fees. 1,269
Upon provision of the requested medical treatment or 1,271
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,272
the required fee may be automatically deducted from a person's 1,273
account record in the workhouse's business office. If the person 1,274
has no funds in the person's account, a deduction may be made at 1,275
a later date during the person's confinement in the center if 1,276
funds later become available in the person's account. If the 1,277
person is released from the workhouse and has an unpaid balance 1,278
of these fees, the legislative authority or board of township
trustees may bill the person for payment of the remaining unpaid 1,279
fees. Fees received for medical treatment or services shall be 1,280
paid into the commissary fund, if one has been created for the 1,281
workhouse, or if no such fund exists, into the treasury of the 1,282
municipal corporation or township.
(2) If a person confined to a workhouse under division (A) 1,284
of this section is required under division (B) of this section or 1,285
section 2929.18 or 2929.223 of the Revised Code to reimburse 1,286
medical expenses incurred by reason of the person's confinement 1,287
to the workhouse, any fees paid by the person under division 1,288
(D)(1) of this section shall be deducted from the expenses 1,289
required to be reimbursed under division (B) of this section or 1,290
section 2929.18 or 2929.223 of the Revised Code. 1,291
(E) If a person who has been convicted of or pleaded 1,293
guilty to an offense is incarcerated in a workhouse or if a 1,294
person who has been arrested for an offense, and who has not been 1,295
denied bail or has had bail set and has not been released on bail 1,296
is confined in a workhouse pending trial, at the time of 1,297
36
reception and at other times the person in charge of the 1,299
operation of the workhouse determines to be appropriate, the 1,300
person in charge of the operation of the workhouse may cause the 1,301
convicted or accused offender to be examined and tested for 1,303
tuberculosis, HIV infection, hepatitis, including, but not 1,304
limited to, hepatitis A, B, and C, and other contagious diseases. 1,306
The person in charge of the operation of the workhouse may cause 1,307
a convicted or accused offender in the workhouse who refuses to 1,308
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,309
including, but not limited to, hepatitis A, B, and C, or another 1,310
contagious disease to be tested and treated involuntarily. 1,312
Sec. 753.16. (A) Any city or district having a workhouse 1,321
may receive as inmates of the workhouse persons sentenced or 1,322
committed to it from counties other than the one in which the 1,323
workhouse is situated, upon such THE terms and during such THE 1,325
length of time as agreed upon by the boards of county 1,326
commissioners of such THOSE counties, or by the legislative 1,327
authority of a municipal corporation in such THOSE counties and 1,328
the legislative authority of the city, or the board of the 1,329
district workhouse, or other authority having the management and 1,330
control of the workhouse. Prisoners so received shall in all 1,331
respects be and remain under the control of such THAT authority, 1,332
and SHALL BE subject to the rules and discipline of the workhouse 1,333
TO WHICH the same as other prisoners detained there IN THE 1,334
WORKHOUSE ARE SUBJECT.
(B) Prior to the acceptance for housing into a jail or 1,336
workhouse of persons who are designated by the department of 1,337
rehabilitation and correction, who plead guilty to or are 1,338
convicted of a felony of the fourth or fifth degree, and who 1,339
satisfy the other requirements listed in section 5120.161 of the 1,340
Revised Code, the legislative authority of a municipal
corporation having a jail or workhouse, or the joint board 1,341
managing and controlling a workhouse for the joint use of a 1,342
municipal corporation and a county shall enter into an agreement 1,343
37
with the department of rehabilitation and correction under 1,344
section 5120.161 of the Revised Code for the housing in the jail 1,345
or workhouse of persons who are designated by the department, who 1,346
plead guilty to or are convicted of a felony of the fourth or 1,347
fifth degree, and who satisfy the other requirements listed in 1,348
that section, in exchange for a per diem fee per person. Persons 1,349
incarcerated in the jail or workhouse pursuant to such an 1,350
agreement OF THAT NATURE shall be subject to supervision and 1,351
control in the manner described in section 5120.161 of the 1,352
Revised Code. This division does not affect the authority of a 1,353
court to directly sentence a person who is convicted of or pleads 1,354
guilty to a felony to the jail or workhouse in accordance with
section 2929.16 of the Revised Code. 1,355
(C)(1) The board of county commissioners, the legislative 1,357
authority of the municipal corporation, or the board or other 1,358
managing authority of the district workhouse may require a person 1,359
who was convicted of an offense and who is confined in the 1,361
workhouse as provided in division (A) of this section, to 1,362
reimburse the county, municipal corporation, or district, as the 1,363
case may be, for its expenses incurred by reason of the person's 1,364
confinement, including, but not limited to, the expenses relating 1,365
to the provision of food, clothing, shelter, medical care, 1,366
personal hygiene products, including, but not limited to, 1,367
toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation 1,368
incurred relating to the trial of the person. The amount of 1,370
reimbursement may be the actual cost of the person's confinement 1,372
plus the authorized trial overtime costs or a lesser amount
determined by the board of county commissioners for the county, 1,374
the legislative authority of the municipal corporation, or the
board or other managing authority of the district workhouse, 1,375
provided that the lesser amount shall be determined by a formula 1,376
that is uniformly applied to persons incarcerated in the 1,377
workhouse. The amount of reimbursement shall be determined by a 1,378
38
court at a hearing held pursuant to section 2929.18 of the
Revised Code if the person is confined for a felony or section 1,380
2929.223 of the Revised Code if the person is confined for a 1,381
misdemeanor. The amount or amounts paid in reimbursement by a 1,383
person confined for a misdemeanor or the amount recovered from a 1,385
person confined for a misdemeanor by executing upon the judgment 1,387
obtained pursuant to section 2929.223 of the Revised Code shall
be paid into the treasury of the county, municipal corporation, 1,388
or district that incurred the expenses. If a person is confined 1,389
for a felony and the court imposes a sanction under section 1,390
2929.18 of the Revised Code that requires the person to reimburse 1,391
the costs of confinement, the prosecuting attorney or municipal 1,393
chief legal officer shall bring an action to recover the expenses 1,394
of confinement in accordance with section 2929.18 of the Revised 1,395
Code.
(2) The board of county commissioners, the legislative 1,397
authority of the municipal corporation, or the board or other 1,398
managing authority of the district workhouse may adopt a 1,399
resolution or ordinance specifying that a person who is convicted 1,400
of a felony and who is confined in the workhouse as provided in 1,401
division (A) of this section is not required to reimburse the 1,402
county, municipal corporation, or district, as the case may be, 1,403
for its expenses incurred by reason of the person's confinement,
including the expenses listed in division (C)(1) of this section. 1,405
If the board, legislative authority, or managing authority adopts 1,406
a resolution of that nature, the board, legislative authority, or 1,407
managing authority shall provide a copy to the court of common 1,408
pleas of the county, and the court that sentences a person 1,409
convicted of a felony shall not impose a sanction under section 1,410
2929.18 of the Revised Code that requires the person to reimburse 1,411
the costs of the confinement. 1,412
(D)(1) Notwithstanding any contrary provision in this 1,414
section or section 2929.223 of the Revised Code, the board of 1,415
county commissioners, the legislative authority of a municipal 1,416
39
corporation, or the board or other managing authority of the 1,417
district workhouse may establish a policy that requires any 1,418
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 1,419
reasonable fee for any medical treatment or service requested by 1,420
and provided to that person OR TO PAY THE FEE FOR A RANDOM DRUG 1,421
TEST ASSESSED UNDER DIVISION (E) OF SECTION 753.32 OF THE REVISED 1,422
CODE. This THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall 1,423
not exceed the actual cost of the treatment or service provided. 1,424
No person who is indigent shall be required to pay those fees, 1,425
and no person shall be denied any necessary medical care because 1,426
of inability to pay those fees.
Upon provision of the requested medical treatment or 1,428
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,429
the required fee may be automatically deducted from a person's 1,430
account record in the jail or workhouse's business office. If 1,431
the person has no funds in the person's account, a deduction may 1,432
be made at a later date during the person's confinement in the 1,433
jail or workhouse if funds later become available in that 1,434
person's account. If the person is released from the jail or
workhouse and has an unpaid balance of these fees, the board of 1,435
county commissioners, the legislative authority of the municipal 1,436
corporation, or the board or other managing authority of the 1,437
district workhouse may bill the person for payment of the 1,438
remaining unpaid fees. Fees received for medical treatment or 1,439
services shall be paid into the commissary fund, if one has been
created for the workhouse, or if no such fund exists, into the 1,440
treasury of each applicable political subdivision. 1,441
(2) If a person confined to a jail or workhouse is 1,443
required under division (C) of this section or section 2929.18 or 1,444
2929.223 of the Revised Code to reimburse medical expenses 1,445
incurred by reason of the person's confinement to the jail or 1,446
workhouse, any fees paid by the person under division (D)(1) of 1,447
this section shall be deducted from the expenses required to be 1,448
40
reimbursed under division (C) of this section or section 2929.18
or 2929.223 of the Revised Code. 1,449
(E) If a person who has been convicted of or pleaded 1,451
guilty to an offense is confined in the workhouse as provided in 1,452
division (A) of this section or is incarcerated in the workhouse 1,453
in the manner described in division (B) of this section, or if a 1,454
person who has been arrested for an offense, and who has been 1,455
denied bail or has had bail set and has not been released on bail 1,456
is confined in the workhouse pending trial, at the time of 1,457
reception and at other times the person in charge of the 1,459
operation of the workhouse determines to be appropriate, the 1,460
person in charge of the operation of the workhouse may cause the 1,461
convicted or accused offender to be examined and tested for 1,463
tuberculosis, HIV infection, hepatitis, including but not limited 1,464
to hepatitis A, B, and C, and other contagious diseases. The 1,466
person in charge of the operation of the workhouse may cause a 1,467
convicted or accused offender in the workhouse who refuses to be 1,468
tested or treated for tuberculosis, HIV infection, hepatitis, 1,470
including but not limited to hepatitis A, B, and C, or another 1,471
contagious disease to be tested and treated involuntarily. 1,473
Sec. 753.32. (A) AS USED IN THIS SECTION: 1,475
(1) "JOINT BOARD" MEANS THE JOINT BOARD ESTABLISHED 1,477
PURSUANT TO SECTION 753.15 OF THE REVISED CODE. 1,478
(2) "MUNICIPAL PRISONER" MEANS A PRISONER WHO IS CONFINED 1,480
IN A MUNICIPAL JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, 1,481
JOINT CITY AND COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL 1,482
CENTER, MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, 1,483
MUNICIPAL-COUNTY JAIL OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL 1,485
OR WORKHOUSE FOR BEING CONVICTED OF OR PLEADING GUILTY TO A
CRIMINAL OFFENSE. 1,486
(3) "MULTICOUNTY-MUNICIPAL" HAS THE SAME MEANING AS IN 1,488
SECTION 307.93 OF THE REVISED CODE. 1,490
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 1,492
SECTION 5120.62 OF THE REVISED CODE. 1,494
41
(B) THE DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD MAY 1,497
ENTER INTO A CONTRACT WITH A LABORATORY OR ENTITY TO PERFORM 1,498
BLOOD OR URINE SPECIMEN COLLECTION, DOCUMENTATION, MAINTENANCE, 1,499
TRANSPORTATION, PRESERVATION, STORAGE, AND ANALYSES AND OTHER 1,500
DUTIES REQUIRED IN THE PERFORMANCE OF RANDOM DRUG TESTING OF 1,501
MUNICIPAL PRISONERS. THE TERMS OF ANY CONTRACT ENTERED INTO 1,503
UNDER THIS DIVISION SHALL INCLUDE A REQUIREMENT THAT THE
LABORATORY OR ENTITY AND ITS EMPLOYEES, THE DIRECTOR OF PUBLIC 1,504
SAFETY OR THE JOINT BOARD, THE SUPERINTENDENT OR CHIEF 1,505
ADMINISTRATIVE OFFICER SPECIFIED IN DIVISION (D) OF THIS SECTION, 1,506
THE EMPLOYEES OF THE CORRECTIONAL FACILITIES LISTED IN DIVISION 1,507
(A)(1) OF THIS SECTION, AND ALL OTHER PERSONS COMPLY WITH THE 1,508
STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS SPECIFIED 1,510
IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION.
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A LABORATORY OR 1,513
ENTITY UNDER DIVISION (B) OF THIS SECTION, A DIRECTOR OF PUBLIC 1,515
SAFETY OR A JOINT BOARD SHALL ADOPT RULES FOR THE RANDOM DRUG 1,516
TESTING OF MUNICIPAL PRISONERS. THE RULES SHALL INCLUDE, BUT ARE 1,517
NOT LIMITED TO, PROVISIONS THAT DO THE FOLLOWING: 1,518
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK, OBTAIN, AND 1,521
MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG ABUSE; 1,522
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 1,524
TESTING OF MUNICIPAL PRISONERS THAT INCLUDE, BUT ARE NOT LIMITED 1,525
TO, STANDARDS GOVERNING THE FOLLOWING: 1,526
(a) THE COLLECTION BY THE LABORATORY OR ENTITY OF BLOOD OR 1,529
URINE SPECIMENS OF INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY 1,530
APPROVED MANNER AND UNDER REASONABLE AND SANITARY CONDITIONS; 1,531
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 1,533
OF BLOOD OR URINE SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF 1,535
THE INDIVIDUAL BEING TESTED AND IN A MANNER REASONABLY CALCULATED 1,536
TO PREVENT SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND 1,537
TESTING OF THE SPECIMENS; 1,538
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 1,540
COLLECTED BY THE LABORATORY OR ENTITY AND DOCUMENTATION 1,542
42
PROCEDURES THAT REASONABLY PRECLUDE THE POSSIBILITY OF ERRONEOUS 1,543
IDENTIFICATION OF TEST RESULTS AND THAT PROVIDE THE INDIVIDUAL 1,544
BEING TESTED AN OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING 1,545
ANY PRESCRIPTION OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL 1,546
IN CONNECTION WITH A MEDICAL CONDITION; 1,547
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 1,549
TRANSPORTATION BY THE LABORATORY OR ENTITY OF BLOOD OR URINE 1,551
SPECIMENS IN A MANNER THAT REASONABLY PRECLUDES THE POSSIBILITY 1,552
OF CONTAMINATION OR ADULTERATION OF THE SPECIMENS; 1,553
(e) THE TESTING BY THE LABORATORY OR ENTITY OF A BLOOD OR 1,556
URINE SPECIMEN OF AN INDIVIDUAL TO DETERMINE WHETHER THE 1,557
INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, IN A 1,558
MANNER THAT CONFORMS TO SCIENTIFICALLY ACCEPTED ANALYTICAL 1,559
METHODS AND PROCEDURES AND THAT MAY INCLUDE VERIFICATION OR 1,560
CONFIRMATION OF ANY POSITIVE TEST RESULT BY A RELIABLE ANALYTICAL 1,561
METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 1,563
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO IS 1,565
QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM THAT 1,566
ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD 1,567
OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE 1,568
AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 1,569
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 1,571
TESTING ON MUNICIPAL PRISONERS; 1,572
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 1,574
SELECTION OF MUNICIPAL PRISONERS TO SUBMIT TO RANDOM DRUG TESTING 1,576
UNDER THIS SECTION;
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL 1,578
OF THE RESULTS OF THE RANDOM DRUG TESTING OF MUNICIPAL PRISONERS 1,579
FROM THE CONTRACTING LABORATORY OR ENTITY TO THE DIRECTOR OF 1,581
PUBLIC SAFETY OR THE JOINT BOARD PURSUANT TO DIVISION (E) OF 1,582
THIS SECTION;
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 1,584
43
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A 1,585
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH 1,587
PROCEDURES PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE 1,588
COLLECTION OF THOSE FEES FROM THE MUNICIPAL PRISONERS SUBJECTED 1,589
TO THE DRUG TESTS. 1,590
(D) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS 1,592
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE 1,595
SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER OF A CORRECTIONAL 1,596
FACILITY LISTED IN DIVISION (A)(2) OF THIS SECTION IN WHICH 1,597
MUNICIPAL PRISONERS ARE CONFINED, PURSUANT TO THE TERMS OF THE 1,598
CONTRACT AND THE RULES ADOPTED UNDER DIVISION (C) OF THIS 1,599
SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION, 1,600
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR 1,601
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE MUNICIPAL PRISONERS 1,603
WHO ARE CONFINED IN THAT CORRECTIONAL FACILITY AND WHO ARE
SUBJECT TO RANDOM DRUG TESTING. 1,604
(E) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS 1,606
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE 1,607
CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING 1,608
AS PROVIDED IN THE CONTRACT, THE LABORATORY OR ENTITY SHALL 1,609
TRANSMIT THE RESULTS OF THE DRUG TEST TO THE DIRECTOR OF PUBLIC 1,610
SAFETY OR THE JOINT BOARD, AS APPROPRIATE, THAT ENTERED INTO THE 1,611
CONTRACT. THE DIRECTOR OR THE JOINT BOARD SHALL FILE FOR RECORD 1,612
THE RESULTS OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER OR NOT 1,613
EACH MUNICIPAL PRISONER WHO WAS SUBJECTED TO THE DRUG TEST 1,614
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DIRECTOR OR 1,615
THE JOINT BOARD SHALL GIVE APPROPRIATE NOTICE OF THE DRUG TEST 1,616
RESULTS TO EACH MUNICIPAL PRISONER WHO WAS SUBJECTED TO A DRUG 1,617
TEST AND WHOSE DRUG TEST RESULTS INDICATE THAT THE MUNICIPAL 1,618
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 1,619
DIRECTOR OR THE JOINT BOARD SHALL AFFORD THAT MUNICIPAL PRISONER 1,620
AN OPPORTUNITY TO BE HEARD REGARDING THE RESULTS OF THE DRUG TEST 1,622
AND TO PRESENT CONTRARY EVIDENCE AT A HEARING HELD BEFORE THE 1,623
DIRECTOR OR THE JOINT BOARD WITHIN THIRTY DAYS AFTER NOTIFICATION
44
OF THE MUNICIPAL PRISONER UNDER THIS DIVISION. AFTER THE 1,625
HEARING, IF A HEARING IS HELD, THE DIRECTOR OR THE JOINT BOARD 1,626
SHALL MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY 1,627
THE MUNICIPAL PRISONER. IF THE DIRECTOR OR THE JOINT BOARD 1,628
REJECTS THE EVIDENCE PRESENTED BY THE MUNICIPAL PRISONER AT THE 1,629
HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE 1,630
DIRECTOR OR THE JOINT BOARD MAY ASSESS A REASONABLE FEE, 1,631
DETERMINED PURSUANT TO DIVISION (C) OF THIS SECTION, FOR THE 1,633
COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE PAID BY THE 1,634
MUNICIPAL PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 1,635
DIRECTOR OR THE JOINT BOARD MAY COLLECT THE FEE PURSUANT TO 1,637
SECTION 753.02, 753.04, OR 753.16 OF THE REVISED CODE. 1,638
Sec. 2305.234. (A) As used in this section: 1,647
(1) "Chiropractic claim," "medical claim," and "optometric 1,649
claim" have the same meanings as in section 2305.11 of the 1,650
Revised Code. 1,651
(2) "Dental claim" has the same meaning as in section 1,653
2305.11 of the Revised Code, except that it does not include any 1,654
claim arising out of a dental operation or any derivative claim 1,655
for relief that arises out of a dental operation. 1,656
(3) "Governmental health care program" has the same 1,658
meaning as in section 4731.65 of the Revised Code. 1,660
(4) "Health care professional" means any of the following 1,662
who provide medical, dental, or other health-related diagnosis, 1,664
care, or treatment:
(a) Physicians authorized under Chapter 4731. of the 1,666
Revised Code to practice medicine and surgery or osteopathic 1,667
medicine and surgery;
(b) Registered nurses and licensed practical nurses 1,669
licensed under Chapter 4723. of the Revised Code; 1,670
(c) Physician assistants authorized to practice under 1,672
Chapter 4730. of the Revised Code; 1,673
(d) Dentists and dental hygienists licensed under Chapter 1,675
45
4715. of the Revised Code; 1,676
(e) Physical therapists licensed under Chapter 4755. of 1,678
the Revised Code; 1,679
(f) Chiropractors licensed under Chapter 4734. of the 1,681
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the 1,683
Revised Code;
(h) Podiatrists authorized under Chapter 4731. of the 1,685
Revised Code to practice podiatry; 1,686
(i) Dietitians licensed under Chapter 4759. of the Revised 1,688
Code; 1,689
(j) Pharmacists licensed under Chapter 4729. of the 1,691
Revised Code. 1,692
(5) "Health care worker" means a person other than a 1,694
health care professional who provides medical, dental, or other 1,695
health-related care or treatment under the direction of a health 1,696
care professional with the authority to direct that individual's 1,697
activities, including medical technicians, medical assistants, 1,698
dental assistants, orderlies, aides, and individuals acting in 1,699
similar capacities.
(6) "Indigent and uninsured person" means a person who 1,701
meets all of the following requirements: 1,702
(a) The person's income is not greater than one hundred 1,704
fifty per cent of the current poverty line as defined by the 1,705
United States office of management and budget and revised in 1,706
accordance with section 673(2) of the "Omnibus Budget 1,707
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended. 1,708
(b) The person is not eligible to receive medical 1,710
assistance under Chapter 5111., disability assistance medical 1,711
assistance under Chapter 5115. of the Revised Code, or assistance 1,712
under any other governmental health care program;. 1,713
(c) Either of the following applies: 1,715
(i) The person is not a policyholder, certificate holder, 1,718
46
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance 1,719
or health care policy, contract, or plan;. 1,720
(ii) The person is a policyholder, certificate holder, 1,722
insured, contract holder, subscriber, enrollee, member, 1,723
beneficiary, or other covered individual under a health insurance 1,724
or health care policy, contract, or plan, but the insurer, 1,725
policy, contract, or plan denies coverage or is the subject of 1,726
insolvency or bankruptcy proceedings in any jurisdiction. 1,727
(7) "Operation" means any procedure that involves cutting 1,729
or otherwise infiltrating human tissue by mechanical means, 1,730
including surgery, laser surgery, ionizing radiation, therapeutic 1,731
ultrasound, or the removal of intraocular foreign bodies. 1,732
"Operation" does not include the administration of medication by 1,733
injection, unless the injection is administered in conjunction 1,734
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. 1,735
(8) "Nonprofit shelter or health care facility" means a 1,738
charitable nonprofit corporation organized and operated pursuant 1,739
to Chapter 1702. of the Revised Code, or any charitable 1,740
organization not organized and not operated for profit, that 1,741
provides shelter, health care services, or shelter and health 1,742
care services to indigent and uninsured persons, except that 1,743
"shelter or health care facility" does not include a hospital as 1,744
defined in section 3727.01 of the Revised Code, a facility 1,745
licensed under Chapter 3721. of the Revised Code, or a medical 1,746
facility that is operated for profit.
(9) "Tort action" means a civil action for damages for 1,749
injury, death, or loss to person or property other than a civil 1,750
action for damages for a breach of contract or another agreement 1,751
between persons or government entities.
(10) "Volunteer" means an individual who provides any 1,753
medical, dental, or other health-care related diagnosis, care, or 1,754
treatment without the expectation of receiving and without 1,755
47
receipt of any compensation or other form of remuneration from an 1,756
indigent and uninsured person, another person on behalf of an 1,757
indigent and uninsured person, any shelter or health care 1,758
facility, or any other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this 1,760
section, a health care professional who is a volunteer and 1,761
complies with division (B)(2) of this section is not liable in 1,762
damages to any person or government entity in a tort or other 1,763
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for 1,764
injury, death, or loss to person or property that allegedly 1,765
arises from an action or omission of the volunteer in the 1,766
provision at a nonprofit shelter or health care facility to an 1,767
indigent and uninsured person of medical, dental, or other
health-related diagnosis, care, or treatment, including the 1,769
provision of samples of medicine and other medical products, 1,770
unless the action or omission constitutes willful or wanton
misconduct. 1,771
(2) To qualify for the immunity described in division 1,773
(B)(1) of this section, a health care professional shall do all 1,775
of the following prior to providing diagnosis, care, or
treatment:
(a) Determine, in good faith, that the indigent and 1,777
uninsured person is mentally capable of giving informed consent 1,778
to the provision of the diagnosis, care, or treatment and is not 1,780
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section; 1,782
(c) Obtain the informed consent of the person and a 1,784
written waiver, signed by the person or by another individual on 1,786
behalf of and in the presence of the person, that states that the 1,787
person is mentally competent to give informed consent and,
without being subject to duress or under undue influence, gives 1,788
informed consent to the provision of the diagnosis, care, or 1,789
treatment subject to the provisions of this section. 1,790
48
(3) A physician or podiatrist who is not covered by 1,793
medical malpractice insurance, but complies with division (B)(2) 1,794
of this section, is not required to comply with division (A) of
section 4731.143 of the Revised Code. 1,795
(C) Subject to divisions (E) and (F)(3) of this section, 1,797
health care workers who are volunteers are not liable in damages 1,798
to any person or government entity in a tort or other civil 1,799
action, including an action upon a medical, dental, chiropractic, 1,800
optometric, or other health-related claim, for injury, death, or 1,801
loss to person or property that allegedly arises from an action 1,802
or omission of the health care worker in the provision at a 1,803
nonprofit shelter or health care facility to an indigent and
uninsured person of medical, dental, or other health-related 1,804
diagnosis, care, or treatment, unless the action or omission 1,805
constitutes willful or wanton misconduct. 1,806
(D) Subject to divisions (E) and (F)(3) of this section 1,808
and section 3701.071 of the Revised Code, a nonprofit shelter or 1,809
health care facility associated with a health care professional 1,810
described in division (B)(1) of this section or a health care 1,811
worker described in division (C) of this section is not liable in 1,813
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental, 1,814
chiropractic, optometric, or other health-related claim, for 1,816
injury, death, or loss to person or property that allegedly 1,817
arises from an action or omission of the health care professional 1,818
or worker in providing for the shelter or facility medical,
dental, or other health-related diagnosis, care, or treatment to 1,819
an indigent and uninsured person, unless the action or omission 1,820
constitutes willful or wanton misconduct. 1,821
(E)(1) Except as provided in division (E)(2) of this 1,823
section, the immunities provided by divisions (B), (C), and (D) 1,825
of this section are not available to an individual or to a 1,826
nonprofit shelter or health care facility if, at the time of an 1,827
alleged injury, death, or loss to person or property, the 1,828
49
individuals involved are providing one of the following: 1,829
(a) Any medical, dental, or other health-related 1,831
diagnosis, care, or treatment pursuant to a community service 1,833
work order entered by a court under division (H)(1) or (2) (F) of 1,834
section 2951.02 of the Revised Code as a condition of probation 1,835
or other suspension of a term of imprisonment OR IMPOSED BY A 1,836
COURT AS A COMMUNITY CONTROL SANCTION PURSUANT TO SECTIONS 1,837
2929.15 AND 2929.17 OF THE REVISED CODE.
(b) Performance of an operation. 1,839
(c) Delivery of a baby. 1,841
(2) Division (E)(1) of this section does not apply to an 1,843
individual who provides, or a nonprofit shelter or health care 1,844
facility at which the individual provides, diagnosis, care, or 1,845
treatment that is necessary to preserve the life of a person in a 1,846
medical emergency. 1,847
(F)(1) This section does not create a new cause of action 1,850
or substantive legal right against a health care professional,
health care worker, or nonprofit shelter or health care facility. 1,852
(2) This section does not affect any immunities from civil 1,855
liability or defenses established by another section of the
Revised Code or available at common law to which an individual or 1,857
a nonprofit shelter or health care facility may be entitled in 1,858
connection with the provision of emergency or other diagnosis, 1,859
care, or treatment. 1,860
(3) This section does not grant an immunity from tort or 1,863
other civil liability to an individual or a nonprofit shelter or
health care facility for actions that are outside the scope of 1,864
authority of health care professionals or health care workers. 1,865
(4) This section does not affect any legal responsibility 1,867
of a health care professional or health care worker to comply 1,868
with any applicable law of this state or rule of an agency of 1,869
this state. 1,870
(5) This section does not affect any legal responsibility 1,873
of a nonprofit shelter or health care facility to comply with any 1,874
50
applicable law of this state, rule of an agency of this state, or 1,875
local code, ordinance, or regulation that pertains to or 1,876
regulates building, housing, air pollution, water pollution,
sanitation, health, fire, zoning, or safety. 1,877
Sec. 2921.36. (A) No person shall knowingly convey, or 1,886
attempt to convey, onto the grounds of a detention facility or of 1,887
an institution that is under the control of the department of 1,888
mental health or the department of mental retardation and 1,889
developmental disabilities, any of the following items: 1,890
(1) Any deadly weapon or dangerous ordnance, as defined in 1,892
section 2923.11 of the Revised Code, or any part of or ammunition 1,893
for use in such a deadly weapon or dangerous ordnance; 1,894
(2) Any drug of abuse, as defined in section 3719.011 of 1,896
the Revised Code; 1,897
(3) Any intoxicating liquor, as defined in section 4301.01 1,899
of the Revised Code. 1,900
(B) Division (A) of this section does not apply to any 1,902
person who conveys or attempts to convey an item onto the grounds 1,903
of a detention facility or of an institution under the control of 1,904
the department of mental health or the department of mental 1,905
retardation and developmental disabilities pursuant to the 1,906
written authorization of the person in charge of the detention 1,907
facility or the institution and in accordance with the written 1,908
rules of the detention facility or the institution. 1,909
(C) No person shall knowingly deliver, or attempt to 1,911
deliver, to any person who is confined in a detention facility or 1,912
to any patient in an institution under the control of the 1,913
department of mental health or the department of mental 1,914
retardation and developmental disabilities, any item listed in 1,915
division (A)(1), (2), or (3) of this section. 1,916
(D) No person shall knowingly deliver, or attempt to 1,918
deliver, cash to any person who is confined in a detention 1,919
facility.
(E)(1) It is an affirmative defense to a charge under 1,921
51
division (A)(1) of this section that the weapon or dangerous 1,923
ordnance in question was being transported in a motor vehicle for 1,924
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 1,925
that it was unloaded and was being carried in a closed package, 1,926
box, or case or in a compartment that can be reached only by 1,927
leaving the vehicle.
(2) It is an affirmative defense to a charge under 1,929
division (C) of this section that the actor was not otherwise 1,930
prohibited by law from delivering the item to the confined person 1,931
or the patient and that either of the following applies: 1,932
(a) The actor was permitted by the written rules of the 1,934
detention facility or the institution to deliver the item to the 1,935
confined person or the patient. 1,936
(b) The actor was given written authorization by the 1,938
person in charge of the detention facility or the institution to 1,939
deliver the item to the confined person or the patient. 1,940
(F)(1) Whoever violates division (A)(1) of this section or 1,942
commits a violation of division (C) of this section involving an 1,943
item listed in division (A)(1) of this section is guilty of 1,944
illegal conveyance of weapons onto the grounds of a detention 1,945
facility or a mental health or mental retardation and 1,946
developmental disabilities institution, a felony of the fourth 1,948
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 1,949
impose a mandatory prison term. 1,950
(2) Whoever violates division (A)(2) of this section or 1,952
commits a violation of division (C) of this section involving any 1,953
drug of abuse is guilty of illegal conveyance of drugs of abuse 1,954
onto the grounds of a detention facility or a mental health or 1,955
mental retardation and developmental disabilities institution, a 1,956
felony of the fourth THIRD degree if the offender is an officer 1,957
or employee of the facility or institution or a felony of the 1,958
fifth FOURTH degree if the offender is not such an officer or 1,959
52
employee. If the offender is an officer or employee of the 1,960
department of rehabilitation and correction, the court shall 1,961
impose a mandatory prison term.
(3) Whoever violates division (A)(3) of this section or 1,963
commits a violation of division (C) of this section involving any 1,964
intoxicating liquor is guilty of illegal conveyance of 1,965
intoxicating liquor onto the grounds of a detention facility or a 1,966
mental health or mental retardation and developmental 1,967
disabilities institution, a misdemeanor of the second degree. 1,968
(4) Whoever violates division (D) of this section is 1,970
guilty of illegal conveyance of cash onto the grounds of a 1,971
detention facility, a misdemeanor of the first degree. If the 1,972
offender previously has been convicted of or pleaded guilty to a 1,973
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 1,974
fifth degree. 1,975
Sec. 2929.01. As used in this chapter: 1,985
(A)(1) "Alternative residential facility" means, subject 1,987
to division (A)(2) of this section, any facility other than an 1,988
offender's home or residence in which an offender is assigned to 1,989
live and that satisfies all of the following criteria: 1,990
(a) It provides programs through which the offender may 1,992
seek or maintain employment or may receive education, training, 1,993
treatment, or habilitation. 1,994
(b) It has received the appropriate license or certificate 1,996
for any specialized education, training, treatment, habilitation, 1,997
or other service that it provides from the government agency that 1,998
is responsible for licensing or certifying that type of 1,999
education, training, treatment, habilitation, or service. 2,000
(2) "Alternative residential facility" does not include a 2,003
community-based correctional facility, jail, halfway house, or 2,004
prison.
(B) "Bad time" means the time by which the parole board 2,006
administratively extends an offender's stated prison term or 2,007
53
terms pursuant to section 2967.11 of the Revised Code because the 2,008
parole board finds by clear and convincing evidence that the 2,009
offender, while serving the prison term or terms, committed an 2,010
act that is a criminal offense under the law of this state or the 2,011
United States, whether or not the offender is prosecuted for the 2,013
commission of that act.
(C) "Basic supervision" means a requirement that the 2,016
offender maintain contact with a person appointed to supervise 2,018
the offender in accordance with sanctions imposed by the court or 2,019
imposed by the parole board pursuant to section 2967.28 of the 2,020
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 2,022
"unit dose" have the same meanings as in section 2925.01 of the 2,023
Revised Code.
(E) "Community-based correctional facility" means a 2,026
community-based correctional facility and program or district 2,027
community-based correctional facility and program developed 2,028
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 2,029
(F) "Community control sanction" means a sanction that is 2,032
not a prison term and that is described in section 2929.15, 2,033
2929.16, 2929.17, or 2929.18 of the Revised Code. 2,034
(G) "Criminally injurious conduct" means any conduct of 2,037
the type that is described in division (C)(1) or (2) of section 2,038
2743.51 of the Revised Code and that occurs on or after July 1, 2,039
1996, or any activity that is described in divisions (C)(3) and 2,040
(R) of section 2743.51 of the Revised Code and that occurs on or 2,041
after the effective date of this amendment MARCH 10, 1998. 2,043
(H) "Controlled substance," "marihuana," "schedule I," and 2,045
"schedule II" have the same meanings as in section 3719.01 of the 2,047
Revised Code.
(I) "Curfew" means a requirement that an offender during a 2,050
specified period of time be at a designated place. 2,051
(J) "Day reporting" means a sanction pursuant to which an 2,054
offender is required each day to report to and leave a center or 2,055
54
other approved reporting location at specified times in order to 2,056
participate in work, education or training, treatment, and other 2,057
approved programs at the center or outside the center. 2,058
(K) "Deadly weapon" has the same meaning as in section 2,061
2923.11 of the Revised Code. 2,062
(L) "Drug and alcohol use monitoring" means a program 2,065
under which an offender agrees to submit to random chemical 2,066
analysis of the offender's blood, breath, or urine to determine 2,067
whether the offender has ingested any alcohol or other drugs. 2,068
(M) "Drug treatment program" means any program under which 2,071
a person undergoes assessment and treatment designed to reduce or 2,073
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 2,074
which the person may be required to receive assessment and 2,076
treatment on an outpatient basis or may be required to reside at 2,077
a facility other than the person's home or residence while
undergoing assessment and treatment. 2,078
(N) "Economic loss" means any economic detriment suffered 2,081
by a victim as a result of criminally injurious conduct and 2,082
includes any loss of income due to lost time at work because of 2,083
any injury caused to the victim, and any property loss, medical 2,084
cost, or funeral expense incurred as a result of the criminally 2,085
injurious conduct.
(O) "Education or training" includes study at, or in 2,088
conjunction with a program offered by, a university, college, or 2,089
technical college or vocational study and also includes the 2,090
completion of primary school, secondary school, and literacy 2,091
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 2,094
meaning as in section 2929.23 of the Revised Code. 2,095
(Q) "Eligible offender" has the same meaning as in section 2,098
2929.23 of the Revised Code except as otherwise specified in 2,099
section 2929.20 of the Revised Code. 2,100
(R) "Firearm" has the same meaning as in section 2923.11 2,103
55
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 2,106
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 2,108
Revised Code as a suitable facility for the care and treatment of 2,109
adult offenders.
(T) "House arrest" means a period of confinement of an 2,111
eligible offender that is in the eligible offender's home or in 2,112
other premises specified by the sentencing court or by the parole 2,113
board pursuant to section 2967.28 of the Revised Code, that may 2,114
be electronically monitored house arrest, and during which all of 2,115
the following apply: 2,116
(1) The eligible offender is required to remain in the 2,118
eligible offender's home or other specified premises for the 2,120
specified period of confinement, except for periods of time 2,121
during which the eligible offender is at the eligible offender's 2,122
place of employment or at other premises as authorized by the 2,124
sentencing court or by the parole board.
(2) The eligible offender is required to report 2,127
periodically to a person designated by the court or parole board. 2,128
(3) The eligible offender is subject to any other 2,130
restrictions and requirements that may be imposed by the 2,131
sentencing court or by the parole board. 2,132
(U) "Intensive supervision" means a requirement that an 2,135
offender maintain frequent contact with a person appointed by the 2,136
court, or by the parole board pursuant to section 2967.28 of the 2,137
Revised Code, to supervise the offender while the offender is 2,138
seeking or maintaining necessary employment and participating in 2,139
training, education, and treatment programs as required in the 2,140
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 2,143
or other residential facility used for the confinement of alleged 2,144
or convicted offenders that is operated by a political 2,145
subdivision or a combination of political subdivisions of this 2,146
56
state.
(W) "Delinquent child" has the same meaning as in section 2,148
2151.02 of the Revised Code. 2,149
(X) "License violation report" means a report that is made 2,152
by a sentencing court, or by the parole board pursuant to section 2,153
2967.28 of the Revised Code, to the regulatory or licensing board 2,155
or agency that issued an offender a professional license or a 2,156
license or permit to do business in this state and that specifies 2,157
that the offender has been convicted of or pleaded guilty to an 2,158
offense that may violate the conditions under which the 2,159
offender's professional license or license or permit to do 2,160
business in this state was granted or an offense for which the 2,161
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 2,162
(Y) "Major drug offender" means an offender who is 2,165
convicted of or pleads guilty to the possession of, sale of, or 2,166
offer to sell any drug, compound, mixture, preparation, or 2,167
substance that consists of or contains at least one thousand 2,168
grams of hashish; at least one hundred grams of crack cocaine; at 2,169
least one thousand grams of cocaine that is not crack cocaine; at 2,170
least two hundred fifty grams of heroin; at least five thousand 2,171
unit doses of L.S.D.; or at least one hundred times the amount of 2,173
any other schedule I or II controlled substance other than 2,174
marihuana that is necessary to commit a felony of the third 2,175
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 2,176
2925.11 of the Revised Code that is based on the possession of, 2,177
sale of, or offer to sell the controlled substance. 2,178
(Z) "Mandatory prison term" means one any of the 2,180
following:
(1) Subject to division (DD)(Z)(2) of this section, the 2,183
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of 2,184
section 2929.13 and division (D) of section 2929.14 of the 2,185
Revised Code. Except as provided in sections 2925.02, 2925.03, 2,187
57
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 2,188
maximum or another specific term is required under section 2,189
2929.14 of the Revised Code, a mandatory prison term described in 2,190
this division may be any prison term authorized for the level of 2,191
offense.
(2) The term of sixty days in prison that a sentencing 2,194
court is required to impose for a fourth degree felony OMVI 2,195
offense pursuant to division (G)(2) of section 2929.13 and 2,196
division (A)(4) of section 4511.99 of the Revised Code. 2,197
(3) The term in prison imposed pursuant to section 2971.03 2,199
of the Revised Code for the offenses and in the circumstances 2,200
described in division (F)(9) of section 2929.13 of the Revised 2,201
Code and that term as modified or terminated pursuant to section 2,203
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 2,206
an offender continues to be under the control of the sentencing 2,207
court or parole board, subject to no conditions other than 2,208
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 2,211
convicted of or pleads guilty to a felony or a misdemeanor. 2,212
(CC) "Prison" means a residential facility used for the 2,215
confinement of convicted felony offenders that is under the 2,216
control of the department of rehabilitation and correction but 2,217
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 2,218
(DD) "Prison term" includes any of the following sanctions 2,220
for an offender:
(1) A stated prison term; 2,222
(2) A term in a prison shortened by, or with the approval 2,225
of, the sentencing court pursuant to section 2929.20, 2967.26, 2,226
5120.031, 5120.032, or 5120.073 of the Revised Code; 2,227
(3) A term in prison extended by bad time imposed pursuant 2,230
to section 2967.11 of the Revised Code or imposed for a violation 2,231
of post-release control pursuant to section 2967.28 of the 2,232
58
Revised Code.
(EE) "Repeat violent offender" means a person about whom 2,235
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 2,238
to, and is being sentenced for committing, for complicity in 2,239
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 2,240
other than one set forth in Chapter 2925. of the Revised Code, a 2,242
felony of the first degree set forth in Chapter 2925. of the 2,243
Revised Code that involved an attempt to cause serious physical 2,244
harm to a person or that resulted in serious physical harm to a 2,245
person, or a felony of the second degree that involved an attempt 2,246
to cause serious physical harm to a person or that resulted in 2,248
serious physical harm to a person.
(2) Either of the following applies: 2,250
(a) The person previously was convicted of or pleaded 2,252
guilty to, and served a prison term for, any of the following: 2,253
(i) Aggravated murder, murder, involuntary manslaughter, 2,255
rape, felonious sexual penetration as it existed under section 2,257
2907.12 of the Revised Code as it existed prior to September 3,
1996, a felony of the first or second degree that resulted in the 2,258
death of a person or in physical harm to a person, or complicity 2,259
in or an attempt to commit any of those offenses; 2,260
(ii) An offense under an existing or former law of this 2,263
state, another state, or the United States that is or was 2,264
substantially equivalent to an offense listed under division 2,265
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 2,267
child for committing an act that if committed by an adult would 2,268
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 2,270
this section, the person was committed to the department of youth 2,271
services for that delinquent act, and the juvenile court in which 2,272
the person was adjudicated a delinquent child made a specific 2,273
finding that the adjudication should be considered a conviction 2,275
59
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 2,276
(FF) "Sanction" means any penalty imposed upon an offender 2,279
who is convicted of or pleads guilty to an offense, as punishment 2,280
for the offense. "Sanction" includes any sanction imposed 2,281
pursuant to any provision of sections 2929.14 to 2929.18 of the 2,282
Revised Code.
(GG) "Sentence" means the sanction or combination of 2,285
sanctions imposed by the sentencing court on an offender who is 2,286
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 2,289
prison term, or combination of all prison terms and mandatory 2,290
prison terms imposed by the sentencing court pursuant to section 2,291
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 2,292
includes any credit received by the offender for time spent in 2,293
jail awaiting trial, sentencing, or transfer to prison for the 2,294
offense and any time spent under house arrest or electronically 2,295
monitored house arrest imposed after earning credits pursuant to 2,296
section 2967.193 of the Revised Code. 2,297
(II) "Victim-offender mediation" means a reconciliation or 2,300
mediation program that involves an offender and the victim of the 2,301
offense committed by the offender and that includes a meeting in 2,302
which the offender and the victim may discuss the offense, 2,303
discuss restitution, and consider other sanctions for the 2,304
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 2,307
of division (A) of section 4511.19 of the Revised Code that, 2,309
under section 4511.99 of the Revised Code, is a felony of the 2,311
fourth degree.
(KK) "Mandatory term of local incarceration" means the 2,314
term of sixty days in a jail, a community-based correctional 2,315
facility, a halfway house, or an alternative residential facility 2,316
that a sentencing court is required to impose upon a person who 2,317
is convicted of or pleads guilty to a fourth degree felony OMVI 2,318
60
offense pursuant to division (G)(1) of section 2929.13 of the 2,319
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 2,320
(LL) "Designated homicide, assault, or kidnapping 2,322
offense," "sexual motivation specification," "sexually violent 2,323
offense," "sexually violent predator," and "sexually violent 2,324
predator specification" have the same meanings as in section 2,325
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 2,328
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 2,329
(NN) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 2,332
SECTION 5120.62 OF THE REVISED CODE. 2,334
(OO) "FELONY SEX OFFENSE" HAS THE SAME MEANING AS IN 2,336
SECTION 2967.28 OF THE REVISED CODE. 2,338
Sec. 2929.15. (A)(1) If in sentencing an offender for a 2,348
felony the court is not required to impose a prison term, a 2,349
mandatory prison term, or a term of life imprisonment upon the 2,350
offender, the court may directly impose a sentence community 2,351
control that consists of one or more community control sanctions 2,352
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 2,353
the Revised Code. If the court is sentencing an offender for a 2,354
fourth degree felony OMVI offense and if it is required to impose 2,355
on the offender a mandatory term of local incarceration pursuant 2,356
to division (G)(1) of section 2929.13 of the Revised Code, in 2,357
addition to the mandatory term of local incarceration and the 2,358
mandatory fine required by division (B)(3) of section 2929.18 of 2,360
the Revised Code, the court may impose upon the offender a
community control sanction or combination of community control 2,361
sanctions in accordance with sections 2929.16 and 2929.17 of the 2,362
Revised Code. The duration of all community control sanctions so 2,364
imposed imposed upon an offender shall not exceed five years. If 2,365
the court sentences the offender to one or more nonresidential
sanctions under section 2929.17 of the Revised Code, the court 2,366
61
shall comply with division (C)(1)(b) of section 2951.02 of the 2,367
Revised Code and impose the mandatory condition described in that 2,368
division. The court may impose any other conditions of release 2,369
under a community control sanction that the court considers 2,370
appropriate, INCLUDING, BUT NOT LIMITED TO, REQUIRING THAT THE 2,371
OFFENDER NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE AND 2,372
SUBMIT TO RANDOM DRUG TESTING AS PROVIDED IN DIVISION (D) OF THIS 2,374
SECTION TO DETERMINE WHETHER THE OFFENDER INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE AND REQUIRING THAT THE RESULTS OF 2,376
THE DRUG TEST INDICATE THAT THE OFFENDER DID NOT INGEST OR WAS
NOT INJECTED WITH A DRUG OF ABUSE. If the court is sentencing an 2,377
offender for a fourth degree felony OMVI offense and if it is 2,378
required to impose on the offender a mandatory prison term 2,380
pursuant to division (G)(2) of section 2929.13 of the Revised 2,381
Code, the court shall not impose upon the offender any community 2,382
control sanction or combination of community control sanctions 2,383
under section 2929.16 or 2929.17 of the Revised Code. 2,384
(2)(a) If a court sentences an offender to any community 2,386
control sanction or combination of community control sanctions 2,387
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 2,388
the Revised Code, the court shall place the offender under the 2,389
general control and supervision of a department of probation in 2,390
the county that serves the court for purposes of reporting to the 2,391
court a violation of any of the sanctions, ANY CONDITION OF 2,392
RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT, 2,393
or the mandatory condition imposed under division (C)(1)(b) of 2,395
section 2951.02 of the Revised Code. Alternatively, if the 2,396
offender resides in another county and a county department of
probation has been established in that county or that county is 2,398
served by a multicounty probation department established under 2,399
section 2301.27 of the Revised Code, the court may request the 2,400
court of common pleas of that county to receive the offender into 2,401
the general control and supervision of that county or multicounty 2,403
department of probation for purposes of reporting to the court a 2,404
62
violation of any of the sanctions, ANY CONDITION OF RELEASE UNDER 2,405
A COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT, or the 2,406
mandatory condition imposed under division (C)(1)(b) of section 2,408
2951.02 of the Revised Code, subject to the jurisdiction of the
trial judge over and with respect to the person of the offender, 2,410
and to the rules governing that department of probation. 2,411
If there is no department of probation in the county that 2,414
serves the court, the court shall place the offender, regardless 2,415
of the offender's county of residence, under the general control 2,416
and supervision of the adult parole authority for purposes of 2,417
reporting to the court a violation of any of the sanctions, ANY 2,418
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED
BY THE COURT, or the mandatory condition imposed under division 2,420
(C)(1)(b) of section 2951.02 of the Revised Code. 2,421
(b) If the court imposing sentence upon an offender 2,423
sentences the offender to any community control sanction or 2,424
combination of community control sanctions authorized pursuant to 2,426
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 2,427
the offender violates any of the sanctions, ANY CONDITION OF 2,428
RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT, 2,429
or the mandatory condition imposed under division (C)(1)(b) of 2,431
section 2951.02 of the Revised Code, the public or private person 2,432
or entity that operates or administers the sanction or the 2,433
program or activity that comprises the sanction shall report the 2,434
violation directly to the sentencing court, or shall report the 2,435
violation to the county or multicounty department of probation 2,436
with general control and supervision over the offender under 2,437
division (A)(2)(a) of this section or the officer of that 2,438
department who supervises the offender, or, if there is no such 2,439
department with general control and supervision over the offender 2,440
under that division, to the adult parole authority. If the 2,441
public or private person or entity that operates or administers 2,442
the sanction or the program or activity that comprises the 2,443
sanction reports the violation to the county or multicounty 2,444
63
department of probation or the adult parole authority, the 2,445
department's or authority's officers may treat the offender as if 2,446
the offender were on probation and in violation of the probation, 2,447
and shall report the violation of the sanction, ANY CONDITION OF 2,448
RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT, 2,449
or the mandatory condition imposed under division (C)(1)(b) of 2,450
section 2951.02 of the Revised Code to the sentencing court. 2,451
(B) If the conditions of a community control sanction or 2,454
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is violated, the sentencing 2,455
court may impose a longer time under the same sanction if the 2,456
total time under the sanctions does not exceed the five-year 2,457
limit specified in division (A) of this section, may impose a 2,458
more restrictive sanction under section 2929.16, 2929.17, or 2,459
2929.18 of the Revised Code, or may impose a prison term on the 2,460
offender pursuant to section 2929.14 of the Revised Code. The 2,461
court shall not eliminate the mandatory condition imposed under 2,462
division (C)(1)(b) of section 2951.02 of the Revised Code. The 2,463
prison term, if any, imposed upon a violator pursuant to this 2,464
division shall be within the range of prison terms available for 2,465
the offense for which the sanction that was violated was imposed 2,466
and shall not exceed the prison term specified in the notice 2,467
provided to the offender at the sentencing hearing pursuant to 2,468
division (B)(3) of section 2929.19 of the Revised Code. The 2,470
court may reduce the longer period of time that the offender is 2,471
required to spend under the longer sanction, the more restrictive 2,472
sanction, or a prison term imposed pursuant to this division by 2,473
the time the offender successfully spent under the sanction that 2,474
was initially imposed.
(C) If an offender, for a significant period of time, 2,477
fulfills the conditions of a sanction imposed pursuant to section 2,478
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 2,479
manner, the court may reduce the period of time under the 2,480
sanction or impose a less restrictive sanction, but the court 2,481
64
shall not eliminate the mandatory condition imposed under 2,482
division (C)(1)(b) of section 2951.02 of the Revised Code.
(D)(1) IF A COURT UNDER DIVISION (A)(1) OF THIS SECTION 2,485
IMPOSES A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION 2,486
THAT REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING, THE 2,487
DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT HAS 2,488
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER UNDER DIVISION 2,490
(A)(2)(a) OF THIS SECTION MAY CAUSE THE OFFENDER TO SUBMIT TO 2,491
RANDOM DRUG TESTING PERFORMED BY A LABORATORY OR ENTITY THAT HAS 2,493
ENTERED INTO A CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR 2,494
OFFICERS AUTHORIZED TO ENTER INTO A CONTRACT WITH THAT LABORATORY 2,495
OR ENTITY UNDER SECTION 341.26, 753.32, OR 5120.62 OF THE REVISED 2,497
CODE. 2,498
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 2,501
(D)(1) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 2,502
IN THAT DIVISION, THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE 2,503
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 2,504
OFFENDER UNDER DIVISION (A)(2)(a) OF THIS SECTION SHALL CAUSE THE 2,506
OFFENDER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A 2,507
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE INDIVIDUAL 2,508
WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS INJECTED WITH 2,509
A DRUG OF ABUSE. 2,510
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 2,512
CONTRACT PURSUANT TO SECTION 341.26, 753.32, OR 5120.62 OF THE 2,514
REVISED CODE SHALL PERFORM THE RANDOM DRUG TESTS UNDER DIVISION 2,515
(D)(1) OF THIS SECTION IN ACCORDANCE WITH THE APPLICABLE 2,516
STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A 2,517
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER 2,518
DIVISION (D)(2) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS 2,519
SET FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE 2,520
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO SECTION 2,521
5120.62 OF THE REVISED CODE. AN OFFENDER WHO IS REQUIRED UNDER 2,522
DIVISION (A)(1) OF THIS SECTION TO SUBMIT TO RANDOM DRUG TESTING 2,524
AS A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION AND 2,525
65
WHOSE TEST RESULTS INDICATE THAT THE OFFENDER INGESTED OR WAS 2,526
INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE FOR THE DRUG TEST 2,527
IF THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT
HAS GENERAL CONTROL AND SUPERVISION OF THE OFFENDER REQUIRES 2,528
PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT PERFORMS THE 2,529
RANDOM DRUG TESTING ON AN OFFENDER UNDER DIVISION (D)(1) OR (2) 2,530
OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE DRUG TEST TO 2,532
THE APPROPRIATE DEPARTMENT OF PROBATION OR THE ADULT PAROLE
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 2,533
OFFENDER UNDER DIVISION (A)(2)(a) OF THIS SECTION. 2,535
Sec. 2929.17. The court imposing a sentence for a felony 2,545
upon an offender who is not required to serve a mandatory prison 2,546
term may impose any nonresidential sanction or combination of 2,547
nonresidential sanctions authorized under this section. If the 2,548
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 2,549
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 2,550
mandatory condition described in that division. The court 2,551
imposing a sentence for a fourth degree felony OMVI offense upon 2,552
an offender who is required to serve a mandatory term of local 2,553
incarceration under division (G)(1) of section 2929.13 of the 2,554
Revised Code may impose upon the offender, in addition to the 2,555
mandatory term of local incarceration, a nonresidential sanction 2,556
or combination of nonresidential sanctions under this section,
and the offender shall serve or satisfy the sanction or 2,557
combination of sanctions after the offender has served the 2,558
mandatory term of local incarceration required for the offense. 2,559
Nonresidential sanctions include, but are not limited to, the 2,560
following:
(A) A term of day reporting; 2,562
(B) A term of electronically monitored house arrest, a 2,564
term of electronic monitoring without house arrest, or a term of 2,565
house arrest without electronic monitoring; 2,566
(C) A term of community service of up to five hundred 2,568
66
hours pursuant to division (F) of section 2951.02 of the Revised 2,570
Code or, if the court determines that the offender is financially 2,571
incapable of fulfilling a financial sanction described in section 2,572
2929.18 of the Revised Code, a term of community service as an 2,573
alternative to a financial sanction; 2,574
(D) A term in a drug treatment program with a level of 2,576
security for the offender as determined necessary by the court; 2,577
(E) A term of intensive supervision; 2,579
(F) A term of basic supervision; 2,581
(G) A term of monitored time; 2,583
(H) A term of drug and alcohol use monitoring, INCLUDING 2,585
RANDOM DRUG TESTING PURSUANT TO SECTION 2951.05 OF THE REVISED 2,587
CODE;
(I) A curfew term; 2,589
(J) A requirement that the offender obtain employment; 2,591
(K) A requirement that the offender obtain education or 2,594
training;
(L) Provided the court obtains the prior approval of the 2,596
victim, a requirement that the offender participate in 2,597
victim-offender mediation; 2,598
(M) A license violation report. 2,600
Sec. 2929.19. (A)(1) The court shall hold a sentencing 2,612
hearing before imposing a sentence under this chapter upon an 2,614
offender who was convicted of or pleaded guilty to a felony and 2,615
before resentencing an offender who was convicted of or pleaded 2,616
guilty to a felony and whose case was remanded pursuant to 2,617
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 2,618
the offender, the prosecuting attorney, the victim or the 2,619
victim's representative in accordance with section 2930.14 of the 2,620
Revised Code, and, with the approval of the court, any other 2,621
person may present information relevant to the imposition of 2,622
sentence in the case. The court shall inform the offender of the 2,623
verdict of the jury or finding of the court and ask the offender 2,624
whether the offender has anything to say as to why sentence 2,625
67
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 2,627
imposing sentence on an offender who is being sentenced for a 2,629
sexually oriented offense that was committed on or after the 2,630
effective date of this amendment JANUARY 1, 1997, and that is not 2,631
a sexually violent offense, and before imposing sentence on an 2,632
offender who is being sentenced for a sexually violent offense 2,633
committed on or after the effective date of this amendment 2,634
JANUARY 1, 1997, and who was not charged with a sexually violent 2,635
predator specification in the indictment, count in the 2,636
indictment, or information charging the sexually violent offense, 2,637
the court shall conduct a hearing in accordance with division (B) 2,638
of section 2950.09 of the Revised Code to determine whether the 2,640
offender is a sexual predator. The court shall not conduct a 2,641
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 2,642
specification was included in the indictment, count in the 2,644
indictment, or information charging the sexually violent offense. 2,645
Before imposing sentence on an offender who is being sentenced 2,646
for a sexually oriented offense, the court also shall comply with 2,647
division (E) of section 2950.09 of the Revised Code. 2,648
(B)(1) At the sentencing hearing, the court, before 2,651
imposing sentence, shall consider the record, any information 2,652
presented at the hearing by any person pursuant to division (A) 2,653
of this section, and, if one was prepared, the presentence 2,654
investigation report made pursuant to section 2951.03 of the 2,655
Revised Code or Criminal Rule 32.2, and any victim impact 2,656
statement made pursuant to section 2947.051 of the Revised Code. 2,658
(2) The court shall impose a sentence and shall make a 2,660
finding that gives its reasons for selecting the sentence imposed 2,662
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 2,664
which the court is required to impose sentence pursuant to 2,665
division (G) of section 2929.14 of the Revised Code, if it 2,666
68
imposes a prison term for a felony of the fourth or fifth degree 2,667
or for a felony drug offense that is a violation of a provision 2,668
of Chapter 2925. of the Revised Code and that is specified as 2,669
being subject to division (B) of section 2929.13 of the Revised 2,671
Code for purposes of sentencing and, if the term is not a 2,672
mandatory prison term imposed pursuant to division (G)(2) of 2,673
section 2929.13 of the Revised Code for a felony OMVI offense, 2,674
its reasons for imposing the prison term, based upon the 2,675
overriding purposes and principles of felony sentencing set forth 2,676
in section 2929.11 of the Revised Code, and any factors listed in 2,677
divisions (B)(1)(a) to (h) of section 2929.13 of the Revised Code 2,678
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of 2,681
the first or second degree or for a felony drug offense that is a 2,682
violation of a provision of Chapter 2925. of the Revised Code and 2,684
for which a presumption in favor of a prison term is specified as 2,685
being applicable, its reasons for not imposing the prison term 2,686
and for overriding the presumption, based upon the overriding 2,687
purposes and principles of felony sentencing set forth in section 2,688
2929.11 of the Revised Code, and the basis of the findings it 2,689
made under divisions (D)(1) and (2) of section 2929.13 of the 2,691
Revised Code.
(c) If it imposes consecutive sentences under section 2,694
2929.14 of the Revised Code, its reasons for imposing the 2,695
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 2,697
prison term for the offense that is the maximum prison term 2,698
allowed for that offense by division (A) of section 2929.14 of 2,699
the Revised Code, its reasons for imposing the maximum prison 2,700
term;
(e) If the sentence is for two or more offenses arising 2,702
out of a single incident and it imposes a prison term for those 2,703
offenses that is the maximum prison term allowed for the offense 2,704
of the highest degree by division (A) of section 2929.14 of the 2,705
69
Revised Code, its reasons for imposing the maximum prison term. 2,706
(3) Subject to division (B)(4) of this section, if the 2,709
sentencing court determines at the sentencing hearing that a 2,710
prison term is necessary or required, the court shall do all of 2,711
the following:
(a) Impose a stated prison term; 2,713
(b) Notify the offender that the parole board may extend 2,716
the stated prison term if the offender commits any criminal 2,717
offense under the laws of this state or the United States while 2,718
serving the prison term, that the extension will be done
administratively as part of the offender's sentence in accordance 2,719
with section 2967.11 of the Revised Code and may be for FIFTEEN, 2,720
thirty, sixty, or ninety days for each violation, that all 2,721
extensions of any stated prison term for all violations during 2,723
the course of the term may not exceed one-half of the term's 2,724
duration, and that the sentence so imposed automatically includes 2,725
any extension of the stated prison term by the parole board; 2,726
(c) Subject to division (B)(4) of this section, if the 2,729
offender is being sentenced for a felony of the first degree, for 2,730
a felony of the second degree, for a felony sex offense, as 2,731
defined in section 2967.28 of the Revised Code, or for a felony 2,732
of the third degree that is not a felony sex offense and in the 2,733
commission of which the offender caused or threatened to cause 2,734
physical harm to a person, notify the offender that a period of 2,735
post-release control pursuant to section 2967.28 of the Revised 2,736
Code will be imposed following the offender's release from 2,737
prison;
(d) Subject to division (B)(4) of this section, if the 2,740
offender is being sentenced for a felony of the third, fourth, or 2,741
fifth degree that is not subject to division (B)(3)(c) of this 2,742
section, notify the offender that a period of post-release 2,743
control pursuant to section 2967.28 of the Revised Code may be
imposed following the offender's release from prison; 2,744
(e) Notify the offender that, if a period of post-release 2,747
70
control is imposed following the offender's release from prison, 2,748
as described in division (B)(3)(c) or (d) of this section, and if 2,750
the offender violates a post-release control sanction imposed as 2,751
a component of the post-release control including the mandatory 2,752
condition described in division (A) of section 2967.121 2967.131 2,753
of the Revised Code OR A CONDITION OF POST-RELEASE CONTROL 2,754
IMPOSED UNDER DIVISION (B) OF THAT SECTION, all of the following 2,755
apply:
(i) The adult parole authority or the parole board may 2,758
impose a more restrictive post-release control sanction. 2,759
(ii) The parole board may increase the duration of the 2,762
post-release control subject to a specified maximum. 2,763
(iii) The more restrictive sanction that the parole board 2,766
may impose may consist of a prison term, provided that the prison 2,767
term cannot exceed nine months and the maximum cumulative prison 2,768
term so imposed for all violations during the period of 2,769
post-release control cannot exceed one-half of the stated prison 2,770
term originally imposed upon the offender. 2,771
(iv) If the violation of the sanction is a felony, the 2,774
offender may be prosecuted for the felony and, in addition to any 2,775
sentence it imposes on the offender for the new felony, the court 2,776
may impose a prison term, subject to a specified maximum, for the 2,777
violation.
(f) REQUIRE THAT THE OFFENDER NOT INGEST OR BE INJECTED 2,780
WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG TESTING AS 2,781
PROVIDED IN SECTION 341.26, 753.32, OR 5120.62 OF THE REVISED 2,783
CODE, WHICHEVER IS APPLICABLE TO THE OFFENDER WHO IS SERVING A 2,784
PRISON TERM, AND REQUIRE THAT THE RESULTS OF THE DRUG TEST 2,785
ADMINISTERED UNDER ANY OF THOSE SECTIONS INDICATE THAT THE 2,786
OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE. 2,787
(4) If the offender is being sentenced for a sexually 2,789
violent offense that the offender committed on or after the 2,790
effective date of this amendment JANUARY 1, 1997, and the 2,792
offender also is convicted of or pleads guilty to a sexually
71
violent predator specification that was included in the 2,793
indictment, count in the indictment, or information charging the 2,794
sexually violent offense or if the offender is being sentenced 2,795
for a sexually oriented offense that the offender committed on or 2,796
after the effective date of this section JANUARY 1, 1997, and the 2,797
court imposing the sentence has determined pursuant to division 2,798
(B) of section 2950.09 of the Revised Code that the offender is a 2,800
sexual predator, the court shall include in the offender's 2,801
sentence a statement that the offender has been adjudicated as 2,802
being a sexual predator and shall comply with the requirements of 2,803
section 2950.03 of the Revised Code. Additionally, in the 2,804
circumstances described in division (G) of section 2929.14 of the 2,805
Revised Code, the court shall impose sentence on the offender as 2,806
described in that division.
(5) If the sentencing court determines at the sentencing 2,809
hearing that a community control sanction should be imposed and 2,810
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 2,811
The court shall notify the offender that, if the conditions of 2,812
the sanction are violated or the condition imposed under division 2,813
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 2,814
violated, the court may impose a longer time under the same 2,816
sanction, may impose a more restrictive sanction, or may impose a 2,817
prison term on the offender and shall indicate the specific 2,818
prison term that may be imposed as a sanction for the violation, 2,819
as selected by the court from the range of prison terms for the 2,820
offense pursuant to section 2929.14 of the Revised Code. 2,821
(6) Before imposing a financial sanction under section 2,823
2929.18 of the Revised Code or a fine under section 2929.25 of 2,824
the Revised Code, the court shall consider the offender's present 2,825
and future ability to pay the amount of the sanction or fine. 2,826
(C)(1) If the offender is being sentenced for a fourth 2,828
degree felony OMVI offense and if the court is required by 2,829
division (G)(1) of section 2929.13 of the Revised Code to impose 2,830
72
as a sanction a mandatory term of local incarceration, the court 2,831
shall impose the mandatory term of local incarceration in 2,832
accordance with that division, shall impose a mandatory fine in 2,833
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 2,834
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 2,835
the Revised Code. The court shall not impose a prison term on 2,836
the offender.
(2) If the offender is being sentenced for a fourth degree 2,838
felony OMVI offense and if the court is required by division 2,839
(G)(2) of section 2929.13 of the Revised Code to impose as a 2,840
sanction a mandatory prison term, the court shall impose the 2,841
mandatory prison term in accordance with that division, shall 2,842
impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose 2,843
an additional prison term as specified in section 2929.14 of the 2,844
Revised Code. The court shall not impose any community control 2,845
sanction on the offender.
Sec. 2951.02. (A)(1) In determining whether to suspend a 2,855
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 2,857
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 2,858
2929.51 of the Revised Code, the court shall consider the risk 2,859
that the offender will commit another offense and the need for 2,860
protecting the public from the risk, the nature and circumstances 2,861
of the offense, and the history, character, and condition of the 2,862
offender. 2,863
(2) An offender who has been convicted of or pleaded 2,865
guilty to a misdemeanor shall not be placed on probation and 2,866
shall not otherwise have the sentence of imprisonment imposed 2,867
upon the offender suspended pursuant to division (A) of section 2,869
2929.51 of the Revised Code if any of the following applies: 2,871
(a) The offender is a repeat or dangerous offender, as 2,874
73
defined in section 2935.36 of the Revised Code. 2,875
(b) The misdemeanor offense involved was not a violation 2,878
of section 2923.12 of the Revised Code and was committed while 2,879
the offender was armed with a firearm or dangerous ordnance, as 2,880
defined in section 2923.11 of the Revised Code. 2,883
(c) Under division (C) of section 2903.07 of the Revised 2,885
Code, the offender is not eligible for probation. 2,886
(B) The following do not control the court's discretion 2,888
but the court shall consider them in favor of placing an offender 2,889
who has been convicted of or pleaded guilty to a misdemeanor on 2,890
probation or in favor of otherwise suspending the offender's 2,891
sentence of imprisonment pursuant to division (A) of section 2,892
2929.51 of the Revised Code: 2,893
(1) The offense neither caused nor threatened serious harm 2,895
to persons or property, or the offender did not contemplate that 2,896
it would do so. 2,897
(2) The offense was the result of circumstances unlikely 2,899
to recur. 2,900
(3) The victim of the offense induced or facilitated it. 2,902
(4) There are substantial grounds tending to excuse or 2,904
justify the offense, though failing to establish a defense. 2,905
(5) The offender acted under strong provocation. 2,907
(6) The offender has no history of prior delinquency or 2,909
criminal activity, or has led a law-abiding life for a 2,910
substantial period before commission of the present offense. 2,911
(7) The offender is likely to respond affirmatively to 2,913
probationary or other court-imposed treatment. 2,914
(8) The character and attitudes of the offender indicate 2,916
that the offender is unlikely to commit another offense. 2,917
(9) The offender has made or will make restitution or 2,919
reparation to the victim of the offender's offense for the 2,920
injury, damage, or loss sustained. 2,921
(10) Imprisonment of the offender will entail undue 2,923
hardship to the offender or the offender's dependents. 2,924
74
(C)(1)(a) When an offender who has been convicted of or 2,926
pleaded guilty to a misdemeanor is placed on probation or the 2,928
sentence of that type of offender otherwise is suspended pursuant 2,929
to division (A) of section 2929.51 of the Revised Code, the 2,931
probation or other suspension shall be at least on condition 2,932
that, during the period of probation or other suspension, the 2,933
offender shall abide by the law, including, but not limited to, 2,934
complying with the provisions of Chapter 2923. of the Revised 2,935
Code relating to the possession, sale, furnishing, transfer, 2,936
disposition, purchase, acquisition, carrying, conveying, or use 2,937
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 2,938
leave the state without the permission of the court or the 2,942
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 2,943
behavior, the court may impose additional requirements on the 2,944
offender, including AND COMPLIANCE WITH ANY ADDITIONAL 2,946
REQUIREMENTS IMPOSED SHALL BE A CONDITION OF THE OFFENDER'S 2,947
PROBATION OR OTHER SUSPENSION. THE ADDITIONAL REQUIREMENTS MAY 2,948
INCLUDE, but ARE not limited to, requiring THE FOLLOWING: 2,949
(i) REQUIRING the offender to make restitution pursuant to 2,952
section 2929.21 of the Revised Code for all or part of the 2,953
property damage that is caused by the offender's offense and for 2,954
all or part of the value of the property that is the subject of 2,955
any theft offense, as defined in division (K) of section 2913.01 2,956
of the Revised Code, that the offender committed. Compliance 2,958
with the additional requirements also shall be a condition of the 2,959
offender's probation or other suspension.; 2,961
(ii) REQUIRING THAT THE OFFENDER NOT INGEST OR BE INJECTED 2,963
WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG TESTING AND 2,965
REQUIRING THAT THE RESULTS OF THE DRUG TEST INDICATE THAT THE 2,966
OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE. 2,967
IF THE COURT REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG 2,968
TESTING UNDER DIVISION (C)(1)(a)(ii) OF THIS SECTION, THE COUNTY 2,970
75
DEPARTMENT OF PROBATION, THE MULTICOUNTY DEPARTMENT OF PROBATION, 2,971
OR THE ADULT PAROLE AUTHORITY, AS APPROPRIATE, THAT HAS GENERAL 2,972
CONTROL AND SUPERVISION OF OFFENDERS WHO ARE ON PROBATION OR 2,973
OTHER SUSPENSION OR ARE UNDER A NONRESIDENTIAL SANCTION, SHALL 2,974
CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING PURSUANT TO 2,975
SECTION 2951.05 OF THE REVISED CODE. 2,976
(b) When an offender who has been convicted of or pleaded 2,978
guilty to a felony is sentenced to a nonresidential sanction 2,979
pursuant to section 2929.17 of the Revised Code, the court shall 2,981
impose as a condition of the sanction that, during the period of 2,982
the nonresidential sanction, the offender shall abide by the law, 2,983
including, but not limited to, complying with the provisions of 2,984
Chapter 2923. of the Revised Code identified in division 2,986
(C)(1)(a) of this section. 2,987
(2) During the period of a misdemeanor offender's 2,989
probation or other suspension or during the period of a felon's 2,990
nonresidential sanction, authorized probation officers who are 2,992
engaged within the scope of their supervisory duties or 2,993
responsibilities may search, with or without a warrant, the 2,994
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 2,995
personal property, or other real property in which the offender 2,996
has a right, title, or interest or for which the offender has the 2,997
express or implied permission of a person with a right, title, or 2,999
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 3,000
abiding by the law or otherwise is not complying with the 3,001
conditions of the offender's probation or other suspension or the 3,003
conditions of the offender's nonresidential sanction. If a felon 3,004
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 3,005
described in division (A)(2)(a) of section 2929.15 of the Revised 3,006
Code, adult parole authority field officers with supervisory 3,007
responsibilities over the felon shall have the same search 3,008
76
authority relative to the felon during the period of the sanction 3,009
as THAT is described under this division for probation officers. 3,010
The court that places the offender on probation or suspends the 3,012
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(A)(2) or (4) of section 2929.51 of the Revised Code 3,014
or that sentences the felon to a nonresidential sanction pursuant 3,015
to section 2929.17 of the Revised Code shall provide the offender 3,017
with a written notice that informs the offender that authorized 3,018
probation officers or adult parole authority field officers with 3,019
supervisory responsibilities over the offender who are engaged 3,020
within the scope of their supervisory duties or responsibilities 3,021
may conduct those types of searches during the period of 3,023
probation or other suspension or during the period of the 3,024
nonresidential sanction if they have reasonable grounds to 3,025
believe that the offender is not abiding by the law or otherwise 3,026
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 3,027
nonresidential sanction. 3,028
(D) The following do not control the court's discretion 3,030
but the court shall consider them against placing an offender who 3,031
has been convicted of or pleaded guilty to a misdemeanor on 3,032
probation and against otherwise suspending the offender's 3,033
sentence of imprisonment pursuant to division (A) of section 3,034
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 3,036
pardon, post-release control pursuant to section 2967.28 of the 3,038
Revised Code, or a probation or suspension pursuant to division 3,040
(A) of section 2929.51 of the Revised Code, previously granted 3,041
the offender.
(2) There is a substantial risk that, while at liberty 3,043
during the period of probation or other suspension, the offender 3,044
will commit another offense. 3,045
(3) The offender is in need of correctional or 3,047
rehabilitative treatment that can be provided best by the 3,048
77
offender's commitment to a locally governed and operated 3,049
residential facility.
(4) Regardless of whether the offender knew the age of the 3,051
victim, the victim of the offense was sixty-five years of age or 3,052
older or permanently and totally disabled at the time of the 3,053
commission of the offense. 3,054
(E) The criteria listed in divisions (B) and (D) of this 3,056
section shall not be construed to limit the matters that may be 3,057
considered in determining whether to suspend sentence of 3,058
imprisonment and place an offender who has been convicted of or 3,059
pleaded guilty to a misdemeanor on probation or whether to 3,060
otherwise suspend the offender's sentence of imprisonment 3,061
pursuant to division (A) of section 2929.51 of the Revised Code. 3,063
(F)(1) When an offender is convicted of or pleads guilty 3,067
to a misdemeanor, the court may require the offender, as a 3,068
condition of probation or as a condition of otherwise suspending 3,069
the offender's sentence pursuant to division (A) of section 3,070
2929.51 of the Revised Code, in addition to the conditions of 3,071
probation or other suspension imposed pursuant to division (C) of 3,072
this section, to perform supervised community service work under 3,073
the authority of health districts, park districts, counties, 3,074
municipal corporations, townships, other political subdivisions 3,075
of the state, or agencies of the state or any of its political 3,076
subdivisions, or under the authority of charitable organizations 3,077
that render services to the community or its citizens, in 3,078
accordance with this division. Supervised community service work 3,079
shall not be required as a condition of probation or other 3,080
suspension under this division unless the offender agrees to 3,081
perform the work offered as a condition of probation or other 3,082
suspension by the court. The court may require an offender who 3,083
agrees to perform the work to pay to it a reasonable fee to cover 3,084
the costs of the offender's participation in the work, including, 3,085
but not limited to, the costs of procuring a policy or policies 3,086
of liability insurance to cover the period during which the 3,087
78
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 3,089
to satisfy the payment of a fine imposed for the offense by 3,090
performing supervised community service work as described in this 3,091
division if the offender requests an opportunity to satisfy the 3,092
payment by this means and if the court determines the offender is 3,093
financially unable to pay the fine. 3,094
The supervised community service work that may be imposed 3,096
under this division shall be subject to the following 3,097
limitations: 3,098
(a) The court shall fix the period of the work and, if 3,100
necessary, shall distribute it over weekends or over other 3,101
appropriate times that will allow the offender to continue at the 3,102
offender's occupation or to care for the offender's family. The 3,103
period of the work as fixed by the court shall not exceed an 3,104
aggregate of two hundred hours. 3,105
(b) An agency, political subdivision, or charitable 3,107
organization must agree to accept the offender for the work 3,108
before the court requires the offender to perform the work for 3,109
the entity. A court shall not require an offender to perform 3,110
supervised community service work for an agency, political 3,111
subdivision, or charitable organization at a location that is an 3,112
unreasonable distance from the offender's residence or domicile, 3,113
unless the offender is provided with transportation to the 3,114
location where the work is to be performed. 3,115
(c) A court may enter into an agreement with a county 3,117
department of human services for the management, placement, and 3,118
supervision of offenders eligible for community service work in 3,119
work activities, developmental activities, and alternative work 3,122
activities under sections 5107.40 to 5107.69 of the Revised Code. 3,124
If a court and a county department of human services have entered 3,125
into an agreement of that nature, the clerk of that court is 3,126
authorized to pay directly to the department of human services 3,127
all or a portion of the fees collected by the court pursuant to 3,128
79
this division in accordance with the terms of its agreement. 3,129
(d) Community service work that a court requires under 3,131
this division shall be supervised by an official of the agency, 3,132
political subdivision, or charitable organization for which the 3,133
work is performed or by a person designated by the agency, 3,134
political subdivision, or charitable organization. The official 3,135
or designated person shall be qualified for the supervision by 3,136
education, training, or experience, and periodically shall 3,137
report, in writing, to the court and to the offender's probation 3,138
officer concerning the conduct of the offender in performing the 3,139
work. 3,140
(2) When an offender is convicted of a felony, the court 3,142
may impose pursuant to sections 2929.15 and 2929.17 of the 3,143
Revised Code a sanction that requires the offender to perform 3,144
supervised community service work in accordance with this 3,145
division and under the authority of any agency, political 3,146
subdivision, or charitable organization as described in division 3,147
(F)(1) of this section. The court may require an offender who is 3,148
ordered to perform the work to pay to it a reasonable fee to 3,149
cover the costs of the offender's participation in the work, 3,150
including, but not limited to, the costs of procuring a policy or 3,151
policies of liability insurance to cover the period during which 3,152
the offender will perform the work. 3,153
A court may permit an offender convicted of a felony to 3,155
satisfy the payment of a fine imposed for the offense pursuant to 3,156
section 2929.18 of the Revised Code by performing supervised 3,157
community service work as described in this division if the court 3,159
determines that the offender is financially unable to pay the 3,160
fine.
The supervised community service work that may be imposed 3,162
under this division shall be subject to the limitations specified 3,163
in divisions (F)(1)(a) to (d) of this section, except that the 3,164
court is not required to obtain the agreement of the offender to 3,165
impose supervised community work as a sanction. Additionally, 3,166
80
the total of any period of supervised community service work 3,167
imposed on an offender under this division plus the period of all 3,168
other sanctions imposed pursuant to sections 2929.15, 2929.16, 3,169
2929.17, and 2929.18 of the Revised Code shall not exceed five
years.
(G)(1) When an offender is convicted of a violation of 3,171
section 4511.19 of the Revised Code, a municipal ordinance 3,172
relating to operating a vehicle while under the influence of 3,173
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,174
municipal ordinance relating to operating a vehicle with a 3,175
prohibited concentration of alcohol in the blood, breath, or 3,176
urine or of a misdemeanor violation of section 2903.07 of the 3,177
Revised Code or an equivalent violation of a municipal ordinance 3,179
that is substantially similar to section 2903.07 of the Revised 3,181
Code and that provides for that type of finding by a jury or 3,182
judge in a case in which the jury or judge found that the 3,183
offender was under the influence of alcohol at the time of the 3,184
commission of the offense, the court may require, as a condition 3,185
of probation in addition to the required conditions of probation 3,186
and the discretionary conditions of probation that may be imposed 3,187
pursuant to division (C) of this section, any suspension or 3,188
revocation of a driver's or commercial driver's license or permit 3,189
or nonresident operating privilege, and all other penalties 3,190
provided by law or by ordinance, that the offender operate only a 3,191
motor vehicle equipped with an ignition interlock device that is 3,192
certified pursuant to section 4511.83 of the Revised Code. 3,193
(2) When a court requires an offender, as a condition of 3,195
probation pursuant to division (G)(1) of this section, to operate 3,196
only a motor vehicle equipped with an ignition interlock device 3,197
that is certified pursuant to section 4511.83 of the Revised 3,198
Code, the offender immediately shall surrender the offender's 3,199
driver's or commercial driver's license or permit to the court. 3,200
Upon the receipt of the offender's license or permit, the court 3,201
shall issue an order authorizing the offender to operate a motor 3,202
81
vehicle equipped with a certified ignition interlock device, 3,203
deliver the offender's license or permit to the bureau of motor 3,204
vehicles, and include in the abstract of the case forwarded to 3,205
the bureau pursuant to section 4507.021 of the Revised Code the 3,206
conditions of probation imposed pursuant to division (G)(1) of 3,207
this section. The court shall give the offender a copy of its 3,208
order, and that copy shall be used by the offender in lieu of a 3,209
driver's or commercial driver's license or permit until the 3,210
bureau issues a restricted license to the offender. 3,211
(3) Upon receipt of an offender's driver's or commercial 3,213
driver's license or permit pursuant to division (G)(2) of this 3,214
section, the bureau of motor vehicles shall issue a restricted 3,215
license to the offender. The restricted license shall be 3,216
identical to the surrendered license, except that it shall have 3,217
printed on its face a statement that the offender is prohibited 3,218
from operating a motor vehicle that is not equipped with an 3,219
ignition interlock device that is certified pursuant to section 3,220
4511.83 of the Revised Code. The bureau shall deliver the 3,221
offender's surrendered license or permit to the court upon 3,222
receipt of a court order requiring it to do so, or reissue the 3,223
offender's license or permit under section 4507.54 of the Revised 3,224
Code if the registrar destroyed the offender's license or permit 3,225
under that section. The offender shall surrender the restricted 3,226
license to the court upon receipt of the offender's surrendered 3,227
license or permit. 3,228
(4) If an offender violates a requirement of the court 3,230
imposed under division (G)(1) of this section, the offender's 3,231
driver's or commercial driver's license or permit or nonresident 3,232
operating privilege may be suspended as provided in section 3,233
4507.16 of the Revised Code. 3,234
(5)(H) As used in this division, "ignition SECTION: 3,237
(1) "REPEAT OFFENDER" AND "DANGEROUS OFFENDER" HAVE THE 3,239
SAME MEANINGS AS IN SECTION 2935.36 OF THE REVISED CODE. 3,242
(2) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 3,244
82
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 3,247
(3) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 3,249
2913.01 OF THE REVISED CODE. 3,251
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,253
SECTION 5120.62 OF THE REVISED CODE. 3,255
(5) "IGNITION interlock device" has the same meaning as in 3,258
section 4511.83 of the Revised Code.
Sec. 2951.03. (A)(1) No person who has been convicted of 3,267
or pleaded guilty to a felony shall be placed under a community 3,270
control sanction until a written presentence investigation report
has been considered by the court. If a court orders the 3,271
preparation of a presentence investigation report pursuant to 3,272
this section, section 2947.06 of the Revised Code, or Criminal 3,274
Rule 32.2, the officer making the report shall inquire into the 3,275
circumstances of the offense and the criminal record, social 3,276
history, and present condition of the defendant and any other 3,277
matters specified in Criminal Rule 32.2. Whenever the officer 3,278
considers it advisable, the officer's investigation may include a 3,279
physical and mental examination of the defendant. A PHYSICAL 3,280
EXAMINATION OF THE DEFENDANT MAY INCLUDE A DRUG TEST CONSISTING 3,281
OF A CHEMICAL ANALYSIS OF A BLOOD OR URINE SPECIMEN OF THE 3,282
DEFENDANT TO DETERMINE WHETHER THE DEFENDANT INGESTED OR WAS 3,283
INJECTED WITH A DRUG OF ABUSE. If, pursuant to section 2930.13 3,284
of the Revised Code, the victim of the offense of which the 3,287
defendant has been convicted wishes to make a statement regarding 3,288
the impact of the offense for the officer's use in preparing the 3,289
presentence investigation report, the officer shall comply within 3,290
WITH the requirements of that section.
(2) If a defendant is committed to any institution, the 3,293
presentence investigation report shall be sent to the institution 3,294
with the entry of commitment. If a defendant is committed to any 3,295
institution and a presentence investigation report is not 3,296
prepared regarding that defendant pursuant to this section, 3,297
section 2947.06 of the Revised Code, or Criminal Rule 32.2, the 3,298
83
director of the department of rehabilitation and correction or 3,299
the director's designee may order that an offender background 3,300
investigation and report be conducted and prepared regarding the
defendant pursuant to section 5120.16 of the Revised Code. 3,301
(B)(1) If a presentence investigation report is prepared 3,303
pursuant to this section, section 2947.06 of the Revised Code, or 3,305
Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's 3,306
counsel to read the report, except that the court shall not 3,307
permit the defendant or the defendant's counsel to read any of 3,308
the following: 3,309
(a) Any recommendation as to sentence; 3,311
(b) Any diagnostic opinions that, if disclosed, the court 3,313
believes might seriously disrupt a program of rehabilitation for 3,314
the defendant; 3,315
(c) Any sources of information obtained upon a promise of 3,317
confidentiality; 3,318
(d) Any other information that, if disclosed, the court 3,320
believes might result in physical harm or some other type of harm 3,321
to the defendant or to any other person. 3,322
(2) Prior to sentencing, the court shall permit the 3,324
defendant and the defendant's counsel to comment on the 3,325
presentence investigation report and, in its discretion, may 3,326
permit the defendant and the defendant's counsel to introduce 3,327
testimony or other information that relates to any alleged 3,328
factual inaccuracy contained in the report. 3,329
(3) If the court believes that any information in the 3,331
presentence investigation report should not be disclosed pursuant 3,332
to division (B)(1) of this section, the court, in lieu of making 3,333
the report or any part of the report available, shall state 3,334
orally or in writing a summary of the factual information 3,335
contained in the report that will be relied upon in determining 3,336
the defendant's sentence. The court shall permit the defendant 3,337
and the defendant's counsel to comment upon the oral or written 3,338
84
summary of the report. 3,339
(4) Any material that is disclosed to the defendant or the 3,341
defendant's counsel pursuant to this section shall be disclosed 3,342
to the prosecutor who is handling the prosecution of the case 3,343
against the defendant. 3,344
(5) If the comments of the defendant or the defendant's 3,346
counsel, the testimony they introduce, or any of the other 3,347
information they introduce alleges any factual inaccuracy in the 3,348
presentence investigation report or the summary of the report, 3,349
the court shall do either of the following with respect to each 3,350
alleged factual inaccuracy: 3,351
(a) Make a finding as to the allegation; 3,353
(b) Make a determination that no finding is necessary with 3,355
respect to the allegation, because the factual matter will not be 3,356
taken into account in the sentencing of the defendant. 3,357
(C) A court's decision as to the content of a summary 3,360
under division (B)(3) of this section or as to the withholding of 3,361
information under division (B)(1)(a), (b), (c), or (d) of this 3,362
section shall be considered to be within the discretion of the 3,363
court. No appeal can be taken from either of those decisions, 3,365
and neither of those decisions shall be the basis for a reversal 3,367
of the sentence imposed. 3,368
(D)(1) The contents of a presentence investigation report 3,370
prepared pursuant to this section, section 2947.06 of the Revised 3,371
Code, or Criminal Rule 32.2 and the contents of any written or 3,372
oral summary of a presentence investigation report or of a part 3,373
of a presentence investigation report described in division 3,374
(B)(3) of this section are confidential information and are not a 3,375
public record. The court, an appellate court, authorized 3,376
probation officers, investigators, and court personnel, the
defendant, the defendant's counsel, the prosecutor who is 3,377
handling the prosecution of the case against the defendant, and 3,378
authorized personnel of an institution to which the defendant is 3,379
committed may inspect, receive copies of, retain copies of, and 3,380
85
use a presentence investigation report or a written or oral 3,381
summary of a presentence investigation only for the purposes of
or only as authorized by Criminal Rule 32.2 or this section, 3,382
division (F)(1) of section 2953.08, section 2947.06, or another 3,383
section of the Revised Code. 3,384
(2) Immediately following the imposition of sentence upon 3,386
the defendant, the defendant or the defendant's counsel and the 3,387
prosecutor shall return to the court all copies of a presentence 3,388
investigation report and of any written summary of a presentence 3,389
investigation report or part of a presentence investigation 3,390
report that the court made available to the defendant or the 3,392
defendant's counsel and to the prosecutor pursuant to this
section. The defendant or the defendant's counsel and the 3,393
prosecutor shall not make any copies of the presentence 3,394
investigation report or of any written summary of a presentence 3,395
investigation report or part of a presentence investigation 3,396
report that the court made available to them pursuant to this
section. 3,397
(3) Except when a presentence investigation report or a 3,399
written or oral summary of a presentence investigation report is 3,400
being used for the purposes of or as authorized by Criminal Rule 3,401
32.2 or this section, division (F)(1) of section 2953.08, section 3,402
2947.06, or another section of the Revised Code, the court or 3,403
other authorized holder of the report or summary shall retain the 3,404
report or summary under seal.
(E) As used in this section: 3,406
(1) "Prosecutor" has the same meaning as in section 3,408
2935.01 of the Revised Code. 3,409
(2) "Community control sanction" has the same meaning as 3,411
in section 2929.01 of the Revised Code. 3,412
(3) "Public record" has the same meaning as in section 3,414
149.43 of the Revised Code. 3,415
Sec. 2951.05. (A) If an offender mentioned in section 3,425
2951.02 of the Revised Code resides in the county in which the 3,426
86
trial was conducted, the court that issues an order of probation 3,427
shall place the offender under the control and supervision of a 3,428
department of probation in the county that serves the court. If 3,429
there is no department of probation in the county that serves the 3,430
court, the probation order, under section 2301.32 of the Revised 3,432
Code, may place the offender on probation in charge of the adult 3,433
parole authority created by section 5149.02 of the Revised Code 3,434
that then shall have the powers and duties of a county department
of probation. If the offender resides in a county other than the 3,436
county in which the court granting probation is located and a 3,437
county department of probation has been established in the county 3,438
of residence or the county of residence is served by a 3,439
multicounty probation department, the order of probation may 3,440
request the court of common pleas of the county in which the 3,441
offender resides to receive him THE OFFENDER into the control and 3,442
supervision of that county or multicounty department of 3,444
probation, subject to the jurisdiction of the trial judge over 3,446
and with respect to the person of the offender, and to the rules 3,447
governing that department of probation. If the offender's county 3,448
of residence has no county or multicounty department of 3,449
probation, the judge may place him THE OFFENDER on probation in 3,451
charge of the adult parole authority created by section 5149.02 3,452
of the Revised Code. 3,453
(B)(1) A COUNTY DEPARTMENT OF PROBATION, A MULTICOUNTY 3,456
DEPARTMENT OF PROBATION, OR THE ADULT PAROLE AUTHORITY, AS 3,457
APPROPRIATE UNDER DIVISION (A) OF THIS SECTION, THAT HAS GENERAL 3,459
CONTROL AND SUPERVISION OF OFFENDERS WHO ARE REQUIRED TO SUBMIT 3,460
TO RANDOM DRUG TESTING UNDER DIVISION (C)(1)(a)(ii) OF SECTION 3,461
2951.02 OF THE REVISED CODE OR WHO ARE SUBJECT TO A 3,463
NONRESIDENTIAL SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER 3,464
SECTION 2929.17 OF THE REVISED CODE, MAY CAUSE EACH OFFENDER TO 3,467
SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A LABORATORY OR ENTITY 3,468
THAT HAS ENTERED INTO A CONTRACT WITH ANY OF THE GOVERNMENTAL 3,469
ENTITIES OR OFFICERS AUTHORIZED TO ENTER INTO A CONTRACT WITH 3,470
87
THAT LABORATORY OR ENTITY UNDER SECTION 341.26, 753.32, OR 3,471
5120.62 OF THE REVISED CODE. 3,473
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 3,476
(B)(1) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 3,477
IN THOSE DIVISIONS, THE COUNTY DEPARTMENT OF PROBATION, THE 3,478
MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE 3,479
AUTHORITY, AS APPROPRIATE, THAT HAS GENERAL CONTROL AND 3,480
SUPERVISION OF OFFENDERS DESCRIBED IN DIVISION (B)(1) OF THIS 3,481
SECTION SHALL CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING 3,482
PERFORMED BY A REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER 3,484
THE INDIVIDUAL WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR 3,485
WAS INJECTED WITH A DRUG OF ABUSE. 3,486
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 3,488
CONTRACT PURSUANT TO SECTION 341.26, 753.32, OR 5120.62 OF THE 3,489
REVISED CODE SHALL PERFORM THE RANDOM DRUG TESTING UNDER DIVISION 3,490
(B)(1) OF THIS SECTION IN ACCORDANCE WITH THE APPLICABLE 3,492
STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A 3,493
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER
DIVISION (B)(3) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS 3,494
SET FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE 3,495
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO SECTION 3,496
5120.62 OF THE REVISED CODE. AN OFFENDER WHO IS REQUIRED TO 3,497
SUBMIT TO RANDOM DRUG TESTING UNDER DIVISION (C)(1)(a)(ii) OF 3,500
SECTION 2951.02 OF THE REVISED CODE OR WHO IS SUBJECT TO A 3,502
NONRESIDENTIAL SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER 3,503
SECTION 2929.17 OF THE REVISED CODE SHALL PAY THE FEE FOR THE 3,505
DRUG TEST IF THE TEST RESULTS INDICATE THAT THE OFFENDER INGESTED 3,506
OR WAS INJECTED WITH A DRUG OF ABUSE AND IF THE COUNTY DEPARTMENT 3,507
OF PROBATION, THE MULTICOUNTY DEPARTMENT OF PROBATION, OR THE 3,508
ADULT PAROLE AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION 3,509
OF THE OFFENDER REQUIRES PAYMENT OF A FEE. A LABORATORY OR 3,510
ENTITY THAT PERFORMS THE RANDOM DRUG TESTING ON AN OFFENDER UNDER 3,511
DIVISION (B)(1) OR (2) OF THIS SECTION SHALL TRANSMIT THE RESULTS 3,512
OF THE DRUG TEST TO THE APPROPRIATE COUNTY PROBATION DEPARTMENT, 3,513
88
MULTICOUNTY PROBATION DEPARTMENT, OR ADULT PAROLE AUTHORITY THAT 3,514
HAS GENERAL CONTROL AND SUPERVISION OF THE OFFENDER. 3,515
(C) As used in this section, "multicounty: 3,517
(1) "MULTICOUNTY department of probation" means a 3,520
probation department established under section 2301.27 of the 3,521
Revised Code to serve more than one county. 3,522
(2) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,525
SECTION 5120.62 OF THE REVISED CODE. 3,527
Sec. 2951.08. (A) During a period of probation or 3,537
community control, any field officer or probation officer may 3,538
arrest the person on probation or under a community control 3,539
sanction without a warrant and bring the person before the judge 3,540
or magistrate before whom the cause was pending. During a period 3,541
of probation or community control, any peace officer may arrest 3,542
the person on probation or under a community control sanction 3,543
without a warrant upon the written order of the chief county 3,544
probation officer if the person on probation or under a community 3,545
control sanction is under the supervision of that county
department of probation or on the order of an officer of the 3,547
adult parole authority created pursuant to section 5149.02 of the 3,548
Revised Code if the person on probation or under a community
control sanction is under the supervision of the authority. 3,550
During a period of probation or community control, any peace 3,551
officer may arrest the person on probation or under a community 3,552
control sanction on the warrant of the judge or magistrate before 3,553
whom the cause was pending.
During a period of probation or community control, any 3,555
peace officer may arrest the person on probation or under a 3,556
community control sanction without a warrant if the peace officer 3,558
has reasonable ground to believe the person has violated or is 3,559
violating any of the following that is a condition of the 3,560
person's probation or of the person's community control sanction: 3,561
(1) A condition that prohibits ownership, possession, or 3,564
use of a firearm, deadly weapon, ammunition, or dangerous
89
ordnance; 3,565
(2) A condition that prohibits the person from being 3,567
within a specified structure or geographic area; 3,569
(3) A condition that confines the person to a residence, 3,571
facility, or other structure; 3,572
(4) A condition that prohibits the person from contacting 3,574
or communicating with any specified individual; 3,576
(5) A condition that prohibits the person from associating 3,578
with a specified individual; 3,580
(6) A CONDITION AS PROVIDED IN DIVISION (C)(1)(a)(ii) OF 3,583
SECTION 2951.02 OF THE REVISED CODE OR IN DIVISION (A)(1) OF 3,586
SECTION 2929.15 OF THE REVISED CODE THAT REQUIRES THAT THE PERSON 3,588
NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO 3,589
RANDOM DRUG TESTING AND REQUIRES THAT THE RESULTS OF THE DRUG 3,590
TEST INDICATE THAT THE PERSON DID NOT INGEST OR WAS NOT INJECTED 3,592
WITH A DRUG OF ABUSE.
(B) Upon making an arrest under this section, the 3,594
arresting field officer, probation officer, or peace officer or 3,595
the department or agency of the arresting officer promptly shall 3,597
notify the chief probation officer or the chief probation 3,599
officer's designee that the person has been arrested. Upon being 3,600
notified that a peace officer has made an arrest under this 3,601
section, the chief probation officer or designee, or another 3,602
probation officer designated by the chief probation officer, 3,603
promptly shall bring the person who was arrested before the judge 3,604
or magistrate before whom the cause was pending. 3,605
(C) Nothing in this section limits the powers of arrest 3,607
granted to certain law enforcement officers and citizens under 3,609
sections 2935.03 and 2935.04 of the Revised Code. 3,610
(D) As used in this section: 3,612
(1) "Peace officer" has the same meaning as in section 3,614
2935.01 of the Revised Code. 3,615
(2) "Firearm," "deadly weapon," and "dangerous ordnance" 3,617
have the same meanings as in section 2923.11 of the Revised Code. 3,618
90
(3) "Community control sanction" has the same meaning as 3,620
in section 2929.01 of the Revised Code. 3,621
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,624
SECTION 5120.62 OF THE REVISED CODE. 3,626
Sec. 2967.01. As used in this chapter: 3,635
(A) "State correctional institution" includes any 3,638
institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, 3,639
care, or treatment of criminal, delinquent, or psychologically or 3,640
psychiatrically disturbed offenders. 3,641
(B) "Pardon" means the remission of penalty by the 3,643
governor in accordance with the power vested in the governor by 3,644
the constitution. 3,645
(C) "Commutation" or "commutation of sentence" means the 3,647
substitution by the governor of a lesser for a greater 3,648
punishment. A stated prison term may be commuted without the 3,650
consent of the convict, except when granted upon the acceptance 3,651
and performance by the convict of conditions precedent. After 3,652
commutation, the commuted prison term shall be the only one in 3,653
existence. The commutation may be stated in terms of commuting 3,654
from a named offense to a lesser included offense with a shorter 3,656
prison term, in terms of commuting from a stated prison term in 3,657
months and years to a shorter prison term in months and years, or 3,658
in terms of commuting from any other stated prison term to a 3,659
shorter prison term.
(D) "Reprieve" means the temporary suspension by the 3,661
governor of the execution of a sentence or prison term. The 3,662
governor may grant a reprieve without the consent of and against 3,663
the will of the convict.
(E) "Parole" means, regarding a prisoner who is serving a 3,665
prison term for aggravated murder or murder, who is serving a 3,666
prison term of life imprisonment for rape or FOR felonious sexual 3,667
penetration AS IT EXISTED UNDER SECTION 2907.12 OF THE REVISED 3,668
CODE PRIOR TO SEPTEMBER 3, 1996, or who was sentenced prior to 3,670
91
July 1, 1996, a release of the prisoner from confinement in any 3,672
state correctional institution by the adult parole authority that 3,673
is subject to the eligibility criteria specified in this chapter 3,674
and that is under the terms and conditions, and for the period of
time, prescribed by the authority in its published rules and 3,675
official minutes or required by division (A) of section 2967.131 3,676
of the Revised Code or another provision of this chapter. 3,677
(F) "Head of a state correctional institution" or "head of 3,680
the institution" means the resident head of the institution and 3,681
the person immediately in charge of the institution, whether 3,682
designated warden, superintendent, or any other name by which the 3,683
head is known.
(G) "Convict" means a person who has been convicted of a 3,685
felony under the laws of this state, whether or not actually 3,686
confined in a state correctional institution, unless the person 3,687
has been pardoned or has served the person's sentence or prison 3,688
term. 3,689
(H) "Prisoner" means a person who is in actual confinement 3,691
in a state correctional institution. 3,692
(I) "Parolee" means any inmate who has been released from 3,694
confinement on parole by order of the adult parole authority or 3,695
conditionally pardoned, who is under supervision of the adult 3,696
parole authority and has not been granted a final release, and 3,697
who has not been declared in violation of the inmate's parole by 3,698
the authority or is performing the prescribed conditions of a 3,699
conditional pardon. 3,700
(J) "Releasee" means an inmate who has been released from 3,702
confinement pursuant to section 2967.28 of the Revised Code under 3,704
a period of post-release control that includes one or more
post-release control sanctions. 3,705
(K) "Final release" means a remission by the adult parole 3,707
authority of the balance of the sentence or prison term of a 3,708
parolee or prisoner or the termination by the authority of a term 3,709
of post-release control of a releasee. 3,710
92
(L) "Parole violator" or "release violator" means any 3,712
parolee or releasee who has been declared to be in violation of 3,713
the condition of parole or post-release control specified in 3,714
division (A) OR (B) of section 2967.131 of the Revised Code or in 3,716
violation of any other term, condition, or rule of the parolee's 3,717
or releasee's parole or of the parolee's or releasee's 3,718
post-release control sanctions, the determination of which has 3,719
been made by the adult parole authority and recorded in its 3,720
official minutes.
(M) "Administrative release" means a termination of 3,722
jurisdiction over a particular sentence or prison term by the 3,723
adult parole authority for administrative convenience. 3,724
(N) "Post-release control" means a period of supervision 3,727
by the adult parole authority after a prisoner's release from 3,728
imprisonment that includes one or more post-release control 3,729
sanctions imposed under section 2967.28 of the Revised Code. 3,730
(O) "Post-release control sanction" means a sanction that 3,733
is authorized under sections 2929.16 to 2929.18 of the Revised 3,735
Code and that is imposed upon a prisoner upon the prisoner's 3,736
release from a prison term. 3,738
(P) "Community control sanction," "prison term," 3,741
"mandatory prison term," and "stated prison term" have the same 3,742
meanings as in section 2929.01 of the Revised Code. 3,743
(Q) "Transitional control" means control of a prisoner 3,745
under the transitional control program established by the 3,746
department of rehabilitation and correction under section 2967.26 3,747
of the Revised Code, if the department establishes a program of 3,749
that nature under that section.
(R) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,751
SECTION 5120.62 OF THE REVISED CODE. 3,752
Sec. 2967.131. (A) In addition to any other terms and 3,761
conditions of a conditional pardon or parole, of transitional 3,763
control, or of another form of authorized release from 3,764
confinement in a state correctional institution that is granted 3,765
93
to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, 3,766
and in addition to any other sanctions of post-release control of 3,767
a felon imposed under section 2967.28 of the Revised Code, the 3,768
authority or, in the case of a conditional pardon, the governor 3,769
shall include in the terms and conditions of the conditional 3,770
pardon, parole, transitional control, or other form of authorized 3,771
release or shall include as a condition of the post-release 3,773
control the condition that the individual or felon abide by the 3,774
law, including, but not limited to, complying with the provisions 3,775
of Chapter 2923. of the Revised Code relating to the possession, 3,777
sale, furnishing, transfer, disposition, purchase, acquisition,
carrying, conveying, or use of, or other conduct involving, a 3,778
firearm or dangerous ordnance, as defined in section 2923.11 of 3,779
the Revised Code, during the period of the individual's or 3,781
felon's conditional pardon, parole, transitional control, other 3,782
form of authorized release, or post-release control. 3,785
(B)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION, AS 3,788
A CONDITION OF PAROLE OR POST-RELEASE CONTROL, MAY REQUIRE THAT 3,789
THE INDIVIDUAL OR FELON SHALL NOT INGEST OR BE INJECTED WITH A 3,790
DRUG OF ABUSE AND SHALL SUBMIT TO RANDOM DRUG TESTING AS PROVIDED 3,791
IN DIVISIONS (B)(2), (3), AND (4) OF THIS SECTION AND THAT THE 3,793
RESULTS OF THE DRUG TEST INDICATE THAT THE INDIVIDUAL OR FELON 3,794
DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE.
(2) IF THE ADULT PAROLE AUTHORITY HAS GENERAL CONTROL AND 3,797
SUPERVISION OF AN INDIVIDUAL OR FELON WHO IS REQUIRED TO SUBMIT 3,798
TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE OR POST-RELEASE 3,799
CONTROL UNDER DIVISION (B)(1) OF THIS SECTION, THE AUTHORITY MAY 3,800
CAUSE THE INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING 3,801
PERFORMED BY A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 3,802
CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR OFFICERS 3,803
AUTHORIZED TO ENTER INTO A CONTRACT WITH THAT LABORATORY OR 3,804
ENTITY UNDER SECTION 341.26, 753.32, OR 5120.62 OF THE REVISED 3,807
CODE.
94
(3) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 3,810
(B)(2) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 3,812
IN THAT DIVISION, THE ADULT PAROLE AUTHORITY SHALL CAUSE THE 3,813
INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY 3,814
A REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE INDIVIDUAL 3,817
OR FELON WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE. 3,818
(4) IF A LABORATORY OR ENTITY HAS ENTERED INTO A CONTRACT 3,820
WITH A GOVERNMENTAL ENTITY OR OFFICER AS SPECIFIED IN DIVISION 3,822
(B)(2) OF THIS SECTION, THE LABORATORY OR ENTITY SHALL PERFORM 3,823
THE RANDOM DRUG TESTING UNDER DIVISION (B)(2) OF THIS SECTION IN 3,824
ACCORDANCE WITH THE APPLICABLE STANDARDS THAT ARE INCLUDED IN THE 3,825
TERMS OF THAT CONTRACT. A PUBLIC LABORATORY SHALL PERFORM THE 3,826
RANDOM DRUG TESTS UNDER DIVISION (B)(3) OF THIS SECTION IN 3,827
ACCORDANCE WITH THE STANDARDS SET FORTH IN THE POLICIES AND 3,829
PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.62 OF THE REVISED CODE. AN 3,830
INDIVIDUAL OR FELON WHO IS REQUIRED UNDER DIVISION (B)(1) OF THIS 3,832
SECTION TO SUBMIT TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE 3,833
OR POST-RELEASE CONTROL AND WHOSE TEST RESULTS INDICATE THAT THE 3,834
INDIVIDUAL OR FELON INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE 3,835
SHALL PAY THE FEE FOR THE DRUG TEST IF THE ADULT PAROLE AUTHORITY 3,836
REQUIRES PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT PERFORMS 3,837
THE RANDOM DRUG TESTING ON A PAROLEE OR RELEASEE UNDER DIVISION 3,839
(B)(2) OR (3) OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE 3,840
DRUG TEST TO THE ADULT PAROLE AUTHORITY. 3,841
(C) During the period of a conditional pardon or parole, 3,843
of transitional control, or of another form of authorized release 3,846
from confinement in a state correctional institution that is 3,847
granted to an individual and that involves the placement of the 3,848
individual under the supervision of the adult parole authority,
and during a period of post-release control of a felon imposed 3,849
under section 2967.28 of the Revised Code, authorized field 3,851
officers of the authority who are engaged within the scope of
95
their supervisory duties or responsibilities may search, with or 3,852
without a warrant, the person of the individual or felon, the 3,853
place of residence of the individual or felon, and a motor 3,855
vehicle, another item of tangible or intangible personal
property, or other real property in which the individual or felon 3,857
has a right, title, or interest or for which the individual or 3,859
felon has the express or implied permission of a person with a 3,862
right, title, or interest to use, occupy, or possess, if the 3,863
field officers have reasonable grounds to believe that the 3,865
individual or felon is not abiding by the law or otherwise is not 3,867
complying with the terms and conditions of the individual's or 3,868
felon's conditional pardon, parole, transitional control, other 3,869
form of authorized release, or post-release control. The 3,871
authority shall provide each individual who is granted a 3,873
conditional pardon or parole, transitional control, or another 3,874
form of authorized release from confinement in a state
correctional institution and each felon who is under post-release 3,875
control with a written notice that informs the individual or 3,878
felon that authorized field officers of the authority who are 3,882
engaged within the scope of their supervisory duties or
responsibilities may conduct those types of searches during the 3,883
period of the conditional pardon, parole, transitional control, 3,884
other form of authorized release, or post-release control if they 3,886
have reasonable grounds to believe that the individual or felon
is not abiding by the law or otherwise is not complying with the 3,888
terms and conditions of the individual's or felon's conditional 3,890
pardon, parole, transitional control, other form of authorized 3,891
release, or post-release control.
Sec. 4511.83. (A) As used in this section: 3,900
(1) "Ignition interlock device" means a device that 3,902
connects a breath analyzer to a motor vehicle's ignition system, 3,903
that is constantly available to monitor the concentration by 3,904
weight of alcohol in the breath of any person attempting to start 3,905
that motor vehicle by using its ignition system, and that deters 3,906
96
starting the motor vehicle by use of its ignition system unless 3,907
the person attempting to so start the vehicle provides an 3,908
appropriate breath sample for the device and the device 3,909
determines that the concentration by weight of alcohol in the 3,910
person's breath is below a preset level. 3,911
(2) "Offender with restricted driving privileges" means an 3,913
offender who is subject to an order that was issued under 3,914
division (F) of section 4507.16 of the Revised Code as a 3,915
condition of the granting of occupational driving privileges or 3,916
an offender whose driving privilege is restricted as a condition 3,917
of probation pursuant to division (G) of section 2951.02 of the 3,919
Revised Code. 3,920
(B)(1) Except in cases of a substantial emergency when no 3,922
other person is reasonably available to drive in response to the 3,923
emergency, no person shall knowingly rent, lease, or lend a motor 3,924
vehicle to any offender with restricted driving privileges, 3,925
unless the vehicle is equipped with a functioning ignition 3,926
interlock device that is certified pursuant to division (D) of 3,927
this section. 3,928
(2) Any offender with restricted driving privileges who 3,930
rents, leases, or borrows a motor vehicle from another person 3,931
shall notify the person who rents, leases, or lends the motor 3,932
vehicle to the offender that the offender has restricted driving 3,934
privileges and of the nature of the restriction. 3,935
(3) Any offender with restricted driving privileges who is 3,937
required to operate a motor vehicle owned by the offender's 3,938
employer in the course and scope of the offender's employment may 3,940
operate that vehicle without the installation of an ignition 3,942
interlock device, provided that the employer has been notified 3,943
that the offender has restricted driving privileges and of the 3,944
nature of the restriction and provided further that the offender 3,945
has proof of the employer's notification in the offender's 3,946
possession while operating the employer's vehicle for normal 3,948
business duties. A motor vehicle owned by a business that is 3,949
97
partly or entirely owned or controlled by an offender with 3,950
restricted driving privileges is not a motor vehicle owned by an 3,951
employer, for purposes of this division. 3,952
(C) If a court, pursuant to division (F) of section 3,954
4507.16 of the Revised Code, imposes the use of an ignition 3,955
interlock device as a condition of the granting of occupational 3,956
driving privileges, the court shall require the offender to 3,957
provide proof of compliance to the court at least once quarterly 3,958
or more frequently as ordered by the court in its discretion. If 3,959
a court imposes the use of an ignition interlock device as a 3,960
condition of probation under division (I)(G) of section 2951.02 3,962
of the Revised Code, the court shall require the offender to 3,963
provide proof of compliance to the court or probation officer 3,964
prior to issuing any driving privilege or continuing the 3,965
probation status. In either case in which a court imposes the use 3,966
of such a device, the offender, at least once quarterly or more 3,967
frequently as ordered by the court in its discretion, shall have 3,968
the device inspected as ordered by the court for accurate 3,969
operation and shall provide the results of the inspection to the 3,970
court or, if applicable, to the offender's probation officer. 3,971
(D)(1) The director of public safety, upon consultation 3,973
with the director of health and in accordance with Chapter 119. 3,974
of the Revised Code, shall certify ignition interlock devices and 3,975
shall publish and make available to the courts, without charge, a 3,976
list of approved devices together with information about the 3,977
manufacturers of the devices and where they may be obtained. The 3,978
cost of obtaining the certification of an ignition interlock 3,979
device shall be paid by the manufacturer of the device to the 3,980
director of public safety and shall be deposited in the drivers' 3,981
treatment and intervention fund established by section 4511.191 3,982
of the Revised Code. 3,983
(2) The director of public safety, in accordance with 3,985
Chapter 119. of the Revised Code, shall adopt and publish rules 3,986
setting forth the requirements for obtaining the certification of 3,987
98
an ignition interlock device. No ignition interlock device shall 3,988
be certified by the director of public safety pursuant to 3,989
division (D)(1) of this section unless it meets the requirements 3,990
specified and published by the director in the rules adopted 3,991
pursuant to this division. The requirements shall include 3,992
provisions for setting a minimum and maximum calibration range 3,993
and shall include, but shall not be limited to, specifications 3,994
that the device complies with all of the following: 3,995
(a) It does not impede the safe operation of the vehicle. 3,997
(b) It has features that make circumvention difficult and 3,999
that do not interfere with the normal use of the vehicle. 4,000
(c) It correlates well with established measures of 4,002
alcohol impairment. 4,003
(d) It works accurately and reliably in an unsupervised 4,005
environment. 4,006
(e) It is resistant to tampering and shows evidence of 4,008
tampering if tampering is attempted. 4,009
(f) It is difficult to circumvent and requires 4,011
premeditation to do so. 4,012
(g) It minimizes inconvenience to a sober user. 4,014
(h) It requires a proper, deep-lung breath sample or other 4,016
accurate measure of the concentration by weight of alcohol in the 4,017
breath. 4,018
(i) It operates reliably over the range of automobile 4,020
environments. 4,021
(j) It is made by a manufacturer who is covered by product 4,023
liability insurance. 4,024
(3) The director of public safety may adopt, in whole or 4,026
in part, the guidelines, rules, regulations, studies, or 4,027
independent laboratory tests performed and relied upon by other 4,028
states, or their agencies or commissions, in the certification or 4,029
approval of ignition interlock devices. 4,030
(4) The director of public safety shall adopt rules in 4,032
accordance with Chapter 119. of the Revised Code for the design 4,033
99
of a warning label that shall be affixed to each ignition 4,034
interlock device upon installation. The label shall contain a 4,035
warning that any person tampering, circumventing, or otherwise 4,036
misusing the device is subject to a fine, imprisonment, or both 4,037
and may be subject to civil liability. 4,038
(E)(1) No offender with restricted driving privileges, 4,040
during any period that the offender is required to operate only a 4,042
motor vehicle equipped with an ignition interlock device, shall 4,043
request or permit any other person to breathe into the device or 4,044
start a motor vehicle equipped with the device, for the purpose 4,045
of providing the offender with an operable motor vehicle. 4,046
(2)(a) Except as provided in division (E)(2)(b) of this 4,048
section, no person shall breathe into an ignition interlock 4,049
device or start a motor vehicle equipped with an ignition 4,050
interlock device for the purpose of providing an operable motor 4,051
vehicle to an offender with restricted driving privileges. 4,052
(b) Division (E)(2)(a) of this section does not apply to 4,054
an offender with restricted driving privileges who breathes into 4,055
an ignition interlock device or starts a motor vehicle equipped 4,056
with an ignition interlock device for the purpose of providing 4,057
himself or herself THE OFFENDER with an operable motor vehicle. 4,058
(3) No unauthorized person shall tamper with or circumvent 4,060
the operation of an ignition interlock device. 4,061
Sec. 5120.62. (A) AS USED IN THIS SECTION: 4,063
(1) "RANDOM DRUG TESTING" MEANS A PROCEDURE IN WHICH BLOOD 4,065
OR URINE SPECIMENS ARE COLLECTED FROM INDIVIDUALS CHOSEN BY 4,066
AUTOMATIC, RANDOM SELECTION AND WITHOUT PREARRANGEMENT OR 4,067
PLANNING, FOR THE PURPOSE OF SCIENTIFICALLY ANALYZING THE 4,068
SPECIMENS TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS 4,069
INJECTED WITH A DRUG OF ABUSE. 4,070
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING 4,072
AS IN SECTION 2967.01 OF THE REVISED CODE. 4,073
(3) "STATED PRISON TERM" HAS THE SAME MEANING AS IN 4,075
SECTION 2929.01 OF THE REVISED CODE.
100
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,078
ESTABLISH AND ADMINISTER A STATEWIDE RANDOM DRUG TESTING PROGRAM 4,079
IN WHICH ALL PERSONS WHO WERE CONVICTED OF OR PLEADED GUILTY TO A 4,080
FELONY OFFENSE AND ARE SERVING A STATED PRISON TERM IN A STATE 4,081
CORRECTIONAL INSTITUTION SHALL SUBMIT TO RANDOM DRUG TESTING. 4,083
THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH LABORATORIES OR 4,084
ENTITIES IN THE STATE THAT ARE ACCREDITED BY THE NATIONAL 4,085
INSTITUTE ON DRUG ABUSE TO PERFORM BLOOD OR URINE SPECIMEN 4,086
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION, 4,087
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED 4,088
UNDER THIS SECTION IN THE PERFORMANCE OF RANDOM DRUG TESTING OF 4,089
PRISONERS IN THOSE CORRECTIONAL INSTITUTIONS. THE TERMS OF ANY 4,091
CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A
REQUIREMENT THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE 4,092
SUPERINTENDENTS, MANAGING OFFICERS, AND EMPLOYEES OF STATE 4,093
CORRECTIONAL INSTITUTIONS, ALL EMPLOYEES OF THE DEPARTMENT, AND 4,094
ALL OTHER PERSONS COMPLY WITH THE STANDARDS FOR THE PERFORMANCE 4,095
OF RANDOM DRUG TESTING AS SPECIFIED IN THE POLICIES AND 4,096
PROCEDURES ESTABLISHED BY THE DEPARTMENT UNDER DIVISION (D) OF 4,097
THIS SECTION. IF NO LABORATORY OR ENTITY HAS ENTERED INTO A 4,098
CONTRACT AS SPECIFIED IN THIS DIVISION, THE DEPARTMENT SHALL 4,099
CAUSE A PRISONER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A 4,100
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE PRISONER 4,101
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 4,102
(C) A PRISONER WHO IS SUBJECTED TO RANDOM DRUG TESTING 4,105
UNDER THIS SECTION AND WHOSE TEST INDICATES THAT THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE 4,106
FOR THAT POSITIVE TEST AND OTHER SUBSEQUENT TEST FEES AS A 4,107
SANCTION SPECIFIED BY THE DEPARTMENT OF REHABILITATION AND 4,108
CORRECTION PURSUANT TO DIVISION (D)(6) OF THIS SECTION. 4,109
(D) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,112
ESTABLISH POLICIES AND PROCEDURES TO IMPLEMENT THE RANDOM DRUG 4,113
TESTING PROGRAM ESTABLISHED UNDER THIS SECTION. THE POLICIES AND 4,114
PROCEDURES SHALL INCLUDE, BUT ARE NOT LIMITED TO, PROVISIONS THAT 4,115
101
DO THE FOLLOWING:
(1) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 4,118
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING
THE FOLLOWING: 4,119
(a) THE COLLECTION BY THE LABORATORY OR ENTITY DESCRIBED 4,121
IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS OF 4,122
INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY APPROVED MANNER AND 4,123
UNDER REASONABLE AND SANITARY CONDITIONS; 4,124
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 4,126
DESCRIBED IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE 4,127
SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF THE INDIVIDUAL BEING 4,128
TESTED AND IN A MANNER REASONABLY CALCULATED TO PREVENT 4,129
SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND TESTING OF 4,130
THE SPECIMENS; 4,131
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 4,133
COLLECTED BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) 4,134
OF THIS SECTION AND DOCUMENTATION PROCEDURES THAT REASONABLY 4,135
PRECLUDE THE POSSIBILITY OF ERRONEOUS IDENTIFICATION OF TEST 4,136
RESULTS AND THAT PROVIDE THE INDIVIDUAL BEING TESTED AN 4,137
OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING ANY PRESCRIPTION 4,138
OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL IN CONNECTION 4,139
WITH A MEDICAL CONDITION; 4,140
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 4,142
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION 4,143
(B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS IN A MANNER THAT 4,144
REASONABLY PRECLUDES THE POSSIBILITY OF CONTAMINATION OR 4,145
ADULTERATION OF THE SPECIMENS; 4,146
(e) THE TESTING BY THE LABORATORY OR ENTITY DESCRIBED IN 4,148
DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMEN OF AN 4,149
INDIVIDUAL TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS 4,150
INJECTED WITH A DRUG OF ABUSE, IN A MANNER THAT CONFORMS TO 4,151
SCIENTIFICALLY ACCEPTED ANALYTICAL METHODS AND PROCEDURES AND 4,152
THAT MAY INCLUDE VERIFICATION OR CONFIRMATION OF ANY POSITIVE 4,153
TEST RESULT BY A RELIABLE ANALYTICAL METHOD; 4,154
102
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 4,156
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY DESCRIBED IN 4,157
DIVISION (B) OF THIS SECTION WHO IS QUALIFIED BY EDUCATION, 4,158
TRAINING, AND EXPERIENCE TO PERFORM THAT ANALYSIS AND WHOSE 4,160
REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD OR URINE SPECIMENS 4,161
TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE AND WHETHER THE 4,162
INDIVIDUAL WHO IS THE SUBJECT OF THE TEST INGESTED OR WAS 4,163
INJECTED WITH A DRUG OF ABUSE. 4,164
(2) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 4,166
TESTING OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION; 4,167
(3) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 4,169
SELECTION OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION TO 4,171
SUBMIT TO RANDOM DRUG TESTING UNDER THIS SECTION; 4,172
(4) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL 4,174
FROM THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) OF THIS 4,175
SECTION TO THE DEPARTMENT OF THE RESULTS OF THE RANDOM DRUG 4,176
TESTING OF PRISONERS IN STATE CORRECTIONAL INSTITUTIONS PURSUANT 4,177
TO DIVISION (F) OF THIS SECTION; 4,178
(5) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 4,180
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSES PERFORMED BY A 4,181
LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH PROCEDURES 4,183
FOR THE COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO 4,184
THE DRUG TEST;
(6) ESTABLISH GUIDELINES FOR IMPOSING SANCTIONS UPON A 4,186
PRISONER WHOSE TEST RESULTS INDICATE THAT THE PRISONER INGESTED 4,187
OR WAS INJECTED WITH A DRUG OF ABUSE. 4,188
(E) THE WARDEN OF EACH CORRECTIONAL INSTITUTION, PURSUANT 4,190
TO THE CONTRACT ENTERED INTO UNDER DIVISION (B) OF THIS SECTION 4,192
OR, IF NO CONTRACT WAS ENTERED INTO UNDER THAT DIVISION, PURSUANT 4,193
TO THE POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF 4,194
REHABILITATION AND CORRECTION UNDER DIVISION (D) OF THIS SECTION, 4,196
SHALL FACILITATE THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND 4,197
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION 4,199
(B) OF THIS SECTION, OF THE BLOOD OR URINE SPECIMENS OF THE 4,200
103
PRISONERS IN THE STATE CORRECTIONAL INSTITUTION WHO ARE SUBJECT 4,201
TO RANDOM DRUG TESTING. 4,202
(F) A LABORATORY OR ENTITY THAT PERFORMS RANDOM DRUG 4,204
TESTING OF PRISONERS AND ANALYSES OF BLOOD OR URINE SPECIMENS 4,205
UNDER THIS SECTION SHALL TRANSMIT THE RESULTS OF EACH DRUG TEST 4,206
TO THE DEPARTMENT OF REHABILITATION AND CORRECTION. THE 4,207
DEPARTMENT SHALL FILE FOR RECORD THE RESULTS OF THE DRUG TESTS 4,208
THAT INDICATE WHETHER OR NOT EACH PRISONER IN THE STATE 4,209
CORRECTIONAL INSTITUTION WHO WAS SUBJECTED TO THE DRUG TEST 4,210
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DEPARTMENT 4,211
SHALL SEND A COPY OF THE RESULTS OF THE DRUG TESTS TO THE WARDEN 4,212
OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER WHO 4,213
WAS SUBJECTED TO THE DRUG TEST IS CONFINED. THE WARDEN SHALL 4,214
GIVE APPROPRIATE NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER 4,216
WHO WAS SUBJECTED TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS 4,217
INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG 4,218
OF ABUSE. IN ACCORDANCE WITH INSTITUTIONAL DISCIPLINARY 4,219
PROCEDURES, THE WARDEN SHALL AFFORD THAT PRISONER AN OPPORTUNITY 4,220
TO BE HEARD REGARDING THE RESULTS OF THE DRUG TEST AND TO PRESENT 4,221
CONTRARY EVIDENCE AT A HEARING HELD BEFORE THE WARDEN WITHIN 4,222
THIRTY DAYS AFTER NOTIFICATION TO THE PRISONER UNDER THIS 4,223
DIVISION. AFTER THE HEARING, IF A HEARING IS HELD, THE WARDEN 4,224
SHALL MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY 4,226
THE PRISONER. IF THE WARDEN REJECTS THE EVIDENCE PRESENTED BY 4,227
THE PRISONER AT THE HEARING OR IF NO HEARING IS HELD UNDER THIS 4,228
DIVISION, THE WARDEN MAY SUBJECT THE PRISONER TO SANCTIONS THAT 4,229
INCLUDE PAYMENT OF THE FEE FOR THE TEST. 4,230
(G) IF A PRISONER HAS BEEN SUBJECTED TO TWO OR MORE DRUG 4,233
TESTS PURSUANT TO THIS SECTION AND IF THE RESULTS OF TWO OF THOSE 4,234
TESTS INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A 4,235
DRUG OF ABUSE, THE PAROLE BOARD MAY EXTEND THE STATED PRISON TERM 4,236
OF THE PRISONER PURSUANT TO THE BAD TIME PROVISIONS IN SECTION 4,237
2967.11 OF THE REVISED CODE IF BY INGESTING OR BEING INJECTED 4,240
WITH THE DRUG OF ABUSE THE PRISONER COMMITTED A VIOLATION AS 4,241
104
DEFINED IN THAT SECTION.
(H) ALL FEES FOR RANDOM DRUG TESTS COLLECTED FROM 4,244
PRISONERS UNDER THIS SECTION OR COLLECTED BY THE ADULT PAROLE 4,245
AUTHORITY UNDER SECTION 2929.15, 2951.05, OR 2967.131 OF THE 4,247
REVISED CODE SHALL BE FORWARDED TO THE TREASURER OF STATE FOR 4,248
DEPOSIT IN THE OFFENDER FINANCIAL RESPONSIBILITY FUND CREATED IN 4,249
DIVISION (I) OF SECTION 5120.56 OF THE REVISED CODE. 4,251
Section 2. That existing sections 307.93, 341.06, 341.21, 4,253
341.23, 753.02, 753.04, 753.16, 2305.234, 2921.36, 2929.01, 4,254
2929.15, 2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 4,256
2967.01, 2967.131, and 4511.83 of the Revised Code are hereby 4,257
repealed.
Section 3. Section 2929.01 of the Revised Code is 4,259
presented in this act as a composite of the section as amended by 4,260
H.B. 378 and Am. Sub. S.B. 111 of the 122nd General Assembly, 4,262
with the new language of none of the acts shown in capital 4,263
letters. Sections 2929.15 and 2929.17 of the Revised Code are 4,264
presented in this act as composites of the sections as amended by 4,265
Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st General 4,266
Assembly, with the new language of neither of the acts shown in 4,267
capital letters. Section 2929.19 of the Revised Code is 4,268
presented in this act as a composite of the section as amended by 4,269
Am. Sub. H.B. 180, Am. Sub. S.B. 166, and Am. Sub. S.B. 269 of 4,271
the 121st General Assembly, with the new language of none of the 4,272
acts shown in capital letters. This is in recognition of the 4,273
principle stated in division (B) of section 1.52 of the Revised 4,274
Code that such amendments are to be harmonized where not 4,275
substantively irreconcilable and constitutes a legislative 4,276
finding that such is the resulting version in effect prior to the 4,277
effective date of this act. 4,278
Section 4. The amendment of section 2305.234 of the 4,280
Revised Code by this act is not intended to supersede the earlier 4,281
repeal, with delayed effective date, of that section. 4,282