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.                                       

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
      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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
      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          

                                                          15     


                                                                 
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