As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 349 5
1999-2000 6
REPRESENTATIVES COUGHLIN-CALLENDER-WILLAMOWSKI-TAYLOR- A. CORE 9
_________________________________________________________________ 10
A B I L L
To amend sections 307.93, 341.06, 341.21, 341.23, 12
753.02, 753.04, 753.16, 2305.234, 2921.36, 13
2929.01, 2929.15, 2929.17, 2929.19, 2951.02, 14
2951.03, 2951.05, 2951.08, 2967.01, 2967.131, and 15
4511.83 and to enact sections 341.26, 753.33, and 16
5120.63 of the Revised Code to require the
Department of Rehabilitation and Correction to 17
establish and administer a statewide random drug 18
testing program for prisoners; to authorize the
Department to contract with laboratories to 20
perform random drug testing of prisoners in state 21
correctional institutions; to authorize county
and municipal authorities to enter into such 22
contracts for the random drug testing of county 24
jail prisoners and municipal prisoners; to 25
specifically permit probation authorities and the
Adult Parole Authority to cause offenders on 27
probation, suspension of sentence, community 28
control sanction, parole, or post-release control 29
to submit to random drug testing; to authorize 30
the imposition of a fee for the test if a 31
prisoner fails the drug test and the imposition 32
of bad time upon certain prisoners who fail the 33
drug test; and to increase the penalty for
illegal conveyance of drugs of abuse onto the 34
grounds of a detention facility or a mental
health or mental retardation and developmental 35
disabilities institution.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 307.93, 341.06, 341.21, 341.23, 39
753.02, 753.04, 753.16, 2305.234, 2921.36, 2929.01, 2929.15, 40
2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 2967.01, 42
2967.131, and 4511.83 be amended and sections 341.26, 753.33, and 43
5120.63 of the Revised Code be enacted to read as follows: 44
Sec. 307.93. (A) The boards of county commissioners of 53
two or more adjacent counties may contract for the joint 54
establishment of a multicounty correctional center, and the board 55
of county commissioners of a county or the boards of two or more 56
counties may contract with any municipal corporation or municipal 57
corporations located in that county or those counties for the 58
joint establishment of a municipal-county or 59
multicounty-municipal correctional center. The center shall 60
augment county and, where applicable, municipal jail programs and 61
facilities by providing custody and rehabilitative programs for 62
those persons under the charge of the sheriff of any of the 63
contracting counties or of the officer or officers of the 64
contracting municipal corporation or municipal corporations 65
having charge of persons incarcerated in the municipal jail, 66
workhouse, or other correctional facility who, in the opinion of 67
the sentencing court, need programs of custody and rehabilitation 68
not available at the county or municipal jail and by providing 69
custody and rehabilitative programs in accordance with division 70
(C) of this section, if applicable. The contract may include, 71
but need not be limited to, provisions regarding the acquisition, 72
construction, maintenance, repair, termination of operations, and 73
administration of the center. The contract shall prescribe the 74
manner of funding of, and debt assumption for, the center and the 75
standards and procedures to be followed in the operation of the 76
center. Except as provided in division (H) of this section, the 78
contracting counties and municipal corporations shall form a 80
corrections commission to oversee the administration of the 81
center. Members of the commission shall consist of the sheriff 82
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of each participating county, the president of the board of 83
county commissioners of each participating county, the presiding 84
judge of the court of common pleas of each participating county, 85
or, if the court of common pleas of a participating county has 86
only one judge, then that judge, the chief of police of each 87
participating municipal corporation, the mayor or city manager of 88
each participating municipal corporation, and the presiding judge 89
or the sole judge of the municipal court of each participating 90
municipal corporation. Any of the foregoing officers may appoint 91
a designee to serve in the officer's place on the corrections 92
commission. The standards and procedures shall be formulated and 93
agreed to by the commission and may be amended at any time during 94
the life of the contract by agreement of the parties to the 95
contract upon the advice of the commission. The standards and 96
procedures formulated by the commission shall include, but need 97
not be limited to, designation of the person in charge of the 98
center, the categories of employees to be employed at the center, 99
the appointing authority of the center, and the standards of 100
treatment and security to be maintained at the center. The 101
person in charge of, and all persons employed to work at, the 102
center shall have all the powers of police officers as THAT are 103
necessary for the proper performance of the duties relating to 104
their positions at the center.
(B) Each board of county commissioners that enters a 106
contract under division (A) of this section may appoint a 107
building commission pursuant to section 153.21 of the Revised 108
Code. If any commissions are appointed, they shall function 109
jointly in the construction of a multicounty or 110
multicounty-municipal correctional center with all the powers and 111
duties authorized by law. 112
(C) Prior to the acceptance for custody and rehabilitation 114
into a center established under this section of any persons who 115
are designated by the department of rehabilitation and 116
correction, who plead guilty to or are convicted of a felony of 117
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the fourth or fifth degree, and who satisfy the other
requirements listed in section 5120.161 of the Revised Code, the 118
corrections commission of a center established under this section 120
shall enter into an agreement with the department of 121
rehabilitation and correction under section 5120.161 of the 122
Revised Code for the custody and rehabilitation in the center of 123
persons who are designated by the department, who plead guilty to 124
or are convicted of a felony of the fourth or fifth degree, and 125
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in 126
the center pursuant to an agreement entered into under this 127
division shall be subject to supervision and control in the 129
manner described in section 5120.161 of the Revised Code. This 130
division does not affect the authority of a court to directly 131
sentence a person who is convicted of or pleads guilty to a 132
felony to the center in accordance with section 2929.16 of the
Revised Code. 133
(D)(1) Each board of county commissioners and the 135
legislative authority of each municipal corporation that enters 136
into a contract under division (A) of this section may require a 137
person who was convicted of an offense, who is under the charge 139
of the sheriff of their county or of the officer or officers of 140
the contracting municipal corporation or municipal corporations 141
having charge of persons incarcerated in the municipal jail, 142
workhouse, or other correctional facility, and who is confined in 143
the multicounty, MUNICIPAL-COUNTY, or multicounty-municipal 144
correctional center as provided in that division, to reimburse 145
the applicable county or municipal corporation for its expenses 146
incurred by reason of the person's confinement in the center. 147
The expenses of confinement include, but are not limited to, the 148
expenses relating to the provision of food, clothing, shelter, 150
medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, 151
and up to two hours of overtime costs the sheriff or municipal 152
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corporation incurred relating to the trial of the person. The 154
amount of reimbursement may be the actual cost of the person's 155
confinement plus the authorized trial overtime costs or a lesser 156
amount determined by the board of county commissioners of the 158
county or the legislative authority of the municipal corporation,
provided that the lesser amount shall be determined by a formula 159
that is uniformly applied to persons incarcerated in the center. 160
The amount of reimbursement shall be determined by a court at a 162
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 163
Revised Code if the person is confined for a misdemeanor. The 165
amount or amounts paid in reimbursement by a person confined for 167
a misdemeanor or the amount recovered from a person confined for 168
a misdemeanor by executing upon the judgment obtained pursuant to 169
section 2929.223 of the Revised Code shall be paid into the 170
treasury of the county or municipal corporation that incurred the 171
expenses. If a person is confined for a felony and the court 172
imposes a sanction under section 2929.18 of the Revised Code that 174
requires the person to reimburse the costs of confinement, the 175
prosecuting attorney of the county or the director of law of the 176
municipal corporation shall bring an action to recover the 177
expenses of the confinement in accordance with section 2929.18 of 178
the Revised Code.
(2) Each board of county commissioners and the legislative 180
authority of each municipal corporation that enters into a 181
contract under division (A) of this section may adopt a 182
resolution or ordinance specifying that a person who was 183
convicted of a felony, who is under the charge of the sheriff of 184
their county or of an officer of one of the contracting municipal 185
corporations having charge of persons incarcerated in the 186
municipal jail, workhouse, or other facility, and who is confined 187
in the multicounty, MUNICIPAL-COUNTY, or multicounty-municipal 188
correctional center as provided in that division is not required 189
to reimburse the applicable county or municipal corporation for 190
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its expenses incurred by reason of the person's confinement in 191
the center, including the expenses listed in division (D)(1) of 192
this section. If the boards and legislative authorities adopt a 193
resolution or ordinance of that nature, the boards and 194
legislative authorities shall provide a copy to the courts of 195
common pleas of their counties, and the court that sentences a
person convicted of a felony shall not impose a sanction under 196
section 2929.18 of the Revised Code that requires the person to 197
reimburse the costs of the confinement. 198
(E) In lieu of requiring offenders to reimburse the county 200
for expenses incurred by reason of the person's confinement under 201
division (D) of this section, each board of county commissioners 202
and the legislative authority of each municipal corporation that 203
enters into a contract under division (A) of this section may 204
jointly adopt a prisoner reimbursement policy for the center
pursuant to this section to be administered by the person 205
appointed under division (A) of this section to be in charge of 206
the center. The person in charge may appoint a reimbursement 207
coordinator to administer the center's prisoner reimbursement 208
policy. A prisoner reimbursement policy adopted under this 209
division is a policy that requires a person confined to the
center to reimburse the applicable political subdivisions for any 210
expenses incurred by reason of the person's confinement in the 211
center, which expenses may include, but are not limited to, the 212
following:
(1) A per diem fee for room and board of not more than 214
sixty dollars per day or the actual per diem cost, whichever is 215
less, for the entire period of time the person is confined to the 216
center;
(2) Actual charges for medical and dental treatment, AND 218
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 219
SECTION 341.26 OF THE REVISED CODE; 220
(3) Reimbursement for government property damaged by the 222
person while confined to the center. 223
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Rates charged shall be on a sliding scale determined by the 225
corrections commission based on the ability of the person 226
confined to the center to pay and on consideration of any legal 227
obligation of the person to support a spouse, minor children, or 228
other dependents and any moral obligation to support dependents 229
to whom the person is providing or has in fact provided support. 230
The reimbursement coordinator or another person designated 232
by the person in charge may investigate the financial status of 233
the confined person and obtain information necessary to 234
investigate that status, by means that may include contacting 235
employers and reviewing income tax records. The coordinator may
work with the confined person to create a repayment plan to be 236
implemented upon the person's release. At the end of that 237
person's incarceration, the person shall be presented with a 238
billing statement.
The reimbursement coordinator or another person designated 240
by the person in charge of the center may collect, or the 241
corrections commission may enter into a contract with one or more 242
public agencies or private vendors to collect, any amounts 243
remaining unpaid. Within twelve months after the date of the
confined person's release, the prosecuting attorney, city 245
director of law, or village solicitor of a participating
political subdivision may file a civil action to seek 246
reimbursement from that person for any billing amount that 247
remains unpaid. The participating political subdivisions shall 248
not enforce any judgment obtained under this section by means of 249
execution against the person's homestead. For purposes of this 250
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 251
under this section shall be credited to the general fund of the 252
political subdivision that bore the expense, to be used for 253
general fund purposes.
(F)(1) Notwithstanding any contrary provision in this 255
section or section 2929.18 or 2929.223 of the Revised Code, the 256
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corrections commission of a center may establish a policy that 257
requires any person who is not indigent and who is confined in 258
the multicounty, municipal-county, or multicounty-municipal 259
correctional center to pay a reasonable fee for any medical 260
treatment or service requested by and provided to that person OR
TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) 261
OF SECTION 341.26 OF THE REVISED CODE. This THE fee FOR THE 263
MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of 264
the treatment or service provided. No person confined to a 265
multicounty, municipal-county, or multicounty-municipal
correctional center who is indigent shall be required to pay 266
those fees, and no person who is confined to a correctional 267
center of that type shall be denied any necessary medical care 268
because of inability to pay those fees.
Upon provision of the requested medical treatment or 270
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 271
the required fee may be automatically deducted from a person's 272
account record in the center's business office. If the person 273
has no funds in the person's account, a deduction may be made at 274
a later date during the person's confinement in the center if 275
funds later become available in the person's account. If the 276
person is released from the center and has an unpaid balance of 277
these fees, the corrections commission may bill the person for
payment of the remaining unpaid fees. Fees received for medical 278
treatment or services shall be paid into the commissary fund, if 279
one has been created for the center, or if no such fund exists, 280
into the treasuries of the political subdivisions that incurred 281
the expenses of those treatments and services, in the same 282
proportion as those expenses were borne by those political
subdivisions. 283
(2) If a person confined to a multicounty, 285
municipal-county, or multicounty-municipal correctional center is 286
required under division (D) or (E) of this section or section 287
2929.18 or 2929.223 of the Revised Code to reimburse a county or 288
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municipal corporation for expenses incurred by reason of the 289
person's confinement to the center, any fees paid by the person 290
under division (F)(1) of this section shall be deducted from the 291
expenses required to be reimbursed under division (D) or (E) of 292
this section or section 2929.18 or 2929.223 of the Revised Code.
(G)(1) The corrections commission of a center established 295
under this section may establish a commissary for the center. 296
The commissary may be established either in-house or by another 297
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. 299
A person's purchases from the commissary shall be deducted from 300
the person's account record in the center's business office. The 301
commissary shall provide for the distribution to indigent persons 302
incarcerated in the center of necessary hygiene articles and 303
writing materials.
(2) If a commissary is established, the corrections 305
commission of a center established under this section shall 306
establish a commissary fund for the center. The management of 307
funds in the commissary fund shall be strictly controlled in 308
accordance with procedures adopted by the auditor of state. 309
Commissary fund revenue over and above operating costs and 310
reserve shall be considered profits. All profits from the 311
commissary fund shall be used to purchase supplies and equipment 312
for the benefit of persons incarcerated in the center. The 313
corrections commission shall adopt rules and regulations for the 314
operation of any commissary fund it establishes. 315
(H) In lieu of forming a corrections commission to 317
administer a multicounty correctional center or a 318
municipal-county or multicounty-municipal correctional center, 319
the boards of county commissioners and the legislative 320
authorities of the municipal corporations contracting to
establish the center may also agree to contract for the private 321
operation and management of the center as provided in section 322
9.06 of the Revised Code, but only if the center houses only 323
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misdemeanant inmates. In order to enter into a contract under 324
section 9.06 of the Revised Code, all the boards and legislative 325
authorities establishing the center shall approve and be parties 326
to the contract.
(I) If a person who is convicted of or pleads guilty to an 328
offense is sentenced to a term in a multicounty correctional 329
center or a municipal-county or multicounty-municipal 330
correctional center or is incarcerated in the center in the 331
manner described in division (C) of this section, or if a person 332
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 333
a multicounty correctional center or a municipal-county or 334
multicounty-municipal correctional center pending trial, at the 336
time of reception and at other times the officer, officers, or 337
other person in charge of the operation of the center determines 338
to be appropriate, the officer, officers, or other person in
charge of the operation of the center may cause the convicted or 339
accused offender to be examined and tested for tuberculosis, HIV 340
infection, hepatitis, including but not limited to hepatitis A, 341
B, and C, and other contagious diseases. The officer, officers, 343
or other person in charge of the operation of the center may 344
cause a convicted or accused offender in the center who refuses 345
to be tested or treated for tuberculosis, HIV infection, 346
hepatitis, including but not limited to hepatitis A, B, and C, or 349
another contagious disease to be tested and treated
involuntarily. 350
(J) As used in this section, "multicounty-municipal" means 351
more than one county and a municipal corporation, or more than 352
one municipal corporation and a county, or more than one 353
municipal corporation and more than one county. 354
Sec. 341.06. (A)(1) In lieu of requiring offenders to 363
reimburse the county for expenses incurred by reason of the 364
person's confinement under section 341.14 or 341.19 of the 365
Revised Code, the board of county commissioners, in an agreement 366
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with the sheriff, may adopt a prisoner reimbursement policy for 367
the jail pursuant to this section to be administered in the jail 368
under the sheriff's direction. The sheriff may appoint a
reimbursement coordinator to administer the jail's prisoner 369
reimbursement policy. 370
(2) A prisoner reimbursement policy adopted under this 372
section is a policy that requires a person confined to the jail 373
to reimburse the county for any expenses it incurs by reason of 374
the person's confinement in the jail, which expenses may include, 375
but are not limited to, the following:
(a) A per diem fee for room and board of not more than 377
sixty dollars per day or the actual per diem cost, whichever is 378
less, for the entire period of time the person is confined to the 379
jail;
(b) Actual charges for medical and dental treatment, AND 381
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 382
SECTION 341.26 OF THE REVISED CODE; 383
(c) Reimbursement for county property damaged by the 385
person while confined to the jail. 386
Rates charged shall be on a sliding scale determined by the 388
sheriff with the approval of the board of county commissioners 389
based on the ability of the person confined to the jail to pay 390
and on consideration of any legal obligation of the person to 391
support a spouse, minor children, or other dependents and any 392
moral obligation to support dependents to whom the person is 393
providing or has in fact provided support.
The reimbursement coordinator or another person designated 395
by the sheriff may investigate the financial status of the 396
confined person and obtain information necessary to investigate 397
that status, by means that may include contacting employers and 398
reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon 399
the person's release. At the end of the person's incarceration, 400
the person shall be presented with a billing statement signed by 401
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the sheriff.
(3) The reimbursement coordinator or another person 403
designated by the sheriff may collect, or the sheriff may enter 404
into a contract with one or more public agencies or private 405
vendors to collect, any amounts remaining unpaid. Within twelve 406
months after the date of the confined person's release, the
prosecuting attorney may file a civil action to seek 407
reimbursement from that person for any billing amount that 408
remains unpaid. The county shall not enforce any judgment 409
obtained under this section by means of execution against the
person's homestead. For purposes of this section, "homestead" 410
has the same meaning as in division (A) of section 323.151 of the 411
Revised Code.
(4) Any reimbursement received under division (A)(3) of 413
this section shall be credited to the county's general fund to be 414
used for general fund purposes.
(B)(1) Notwithstanding any contrary provision in this 416
section or section 341.14, 341.19, 2929.18, or 2929.223 of the 418
Revised Code, the board of county commissioners may establish a
policy that requires any person who is not indigent and who is 419
confined in the county's jail under section 341.14 or 341.19 of 420
the Revised Code to pay a reasonable fee for any medical 421
treatment or service requested by and provided to that person OR 422
TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) 423
OF SECTION 341.26 OF THE REVISED CODE. This THE fee FOR THE 424
MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of 425
the treatment or service provided. No person confined to the 427
jail under either section who is indigent shall be required to
pay those fees, and no person who is confined to the jail under 428
either section shall be denied any necessary medical care because 429
of inability to pay those fees.
Upon provision of the requested medical treatment or 431
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 432
the required fee may be automatically deducted from a person's 433
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account record in the jail's business office. If the person has 434
no funds in the person's account, a deduction may be made at a 435
later date during the person's confinement in the jail if funds 436
later become available in the person's account. If the person is 437
released from the jail and has an unpaid balance of these fees, 438
the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical 439
treatment or services shall be paid into the commissary fund, if 440
one has been created for the jail, or if no commissary fund 441
exists, into the county treasury.
(2) If a person confined to the jail under section 341.14 443
or 341.19 of the Revised Code is required under division (A) of 444
this section or section 341.14, 341.19, 2929.18, or 2929.223 of 445
the Revised Code to reimburse the county for expenses incurred by 446
reason of the person's confinement to the jail, any fees paid by 447
the person under division (B)(1) of this section shall be 448
deducted from the expenses required to be reimbursed under 449
division (A) of this section or section 341.14, 341.19, 2929.18,
or 2929.223 of the Revised Code. 450
Sec. 341.21. (A) The board of county commissioners may 459
direct the sheriff to receive into custody prisoners charged with 461
or convicted of crime by the United States, and to keep such
THOSE prisoners until discharged. 462
The board of the county in which prisoners charged with or 464
convicted of crime by the United States may be so committed may 465
negotiate and conclude any contracts with the United States for 466
the use of the jail as provided by this section and as the board 467
sees fit.
A prisoner so committed shall be supported at the expense 469
of the United States during the prisoner's confinement in the 471
county jail. No greater compensation shall be charged by a 472
sheriff for the subsistence of that type of prisoner than is 473
provided by section 311.20 of the Revised Code to be charged for 474
the subsistence of state prisoners. 475
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A sheriff or jailer who neglects or refuses to perform the 477
services and duties directed by the board by reason of this 478
division, shall be liable to the same penalties, forfeitures, and 479
actions as if the prisoner had been committed under the authority 481
of this state.
(B) Prior to the acceptance for housing into the county 483
jail of persons who are designated by the department of 484
rehabilitation and correction, who plead guilty to or are 485
convicted of a felony of the fourth or fifth degree, and who 486
satisfy the other requirements listed in section 5120.161 of the 487
Revised Code, the board of county commissioners shall enter into
an agreement with the department of rehabilitation and correction 488
under section 5120.161 of the Revised Code for the housing in the 489
county jail of persons designated by the department who plead 490
guilty to or are convicted of a felony of the fourth or fifth 491
degree and who satisfy the other requirements listed in that 492
section in exchange for a per diem fee per person. Persons 493
incarcerated in the county jail pursuant to an agreement entered 494
into under this division shall be subject to supervision and 496
control in the manner described in section 5120.161 of the 497
Revised Code. This division does not affect the authority of a 498
court to directly sentence a person who is convicted of or pleads 499
guilty to a felony to the county jail in accordance with section
2929.16 of the Revised Code. 500
(C)(1) Notwithstanding any contrary provision in the 502
Revised Code, the board of county commissioners may establish a 503
policy that requires any person who is not indigent and who is 504
confined in the jail under division (B) of this section to pay a 505
reasonable fee for any medical treatment or service requested by 506
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 507
CODE. This THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall 508
not exceed the actual cost of the treatment or service requested 509
by and provided to that person. This fee shall not exceed the 510
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actual cost of the treatment or service provided. No person 512
confined to the jail who is indigent shall be required to pay
those fees, and no person confined to the jail shall be denied 513
any necessary medical care because of inability to pay those 514
fees.
Upon provision of the requested medical treatment or 516
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 517
the required fee may be automatically deducted from a person's 518
account record in the jail's business office. If the person has 519
no funds in the person's account, a deduction may be made at a 520
later date during the person's confinement in the jail if funds 521
later become available in the person's account. If the person is 522
released from the jail and has an unpaid balance of these fees, 523
the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical 524
treatment or services shall be paid into the commissary fund, if 525
one has been established for the jail or if no such fund exists, 526
into the county treasury.
(2) If a person confined to the jail is required under 528
section 341.06, 2929.18, or 2929.223 of the Revised Code to 529
reimburse the county for expenses incurred by reason of the 530
person's confinement to the jail, any fees paid by the person 531
under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under section 341.06, 2929.18, 533
or 2929.223 of the Revised Code.
(D) If a sheriff receives into custody a prisoner 535
convicted of crime by the United States as described in division 536
(A) of this section, if a person who has been convicted of or 537
pleaded guilty to an offense is incarcerated in the jail in the 538
manner described in division (B) of this section, if a sheriff 539
receives into custody a prisoner charged with a crime by the 540
United States and the prisoner has had bail denied or has had 541
bail set, has not been released on bail, and is confined in jail 542
pending trial, or if a person who has been arrested for an 543
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offense, and who has been denied bail or has had bail set and has 544
not been released on bail is confined in jail pending trial, at 545
the time of reception and at other times the sheriff or other 546
person in charge of the operation of the jail determines to be 547
appropriate, the sheriff or other person in charge of the
operation of the jail may cause the convicted or accused offender 548
to be examined and tested for tuberculosis, HIV infection, 549
hepatitis, including, but not limited to, hepatitis A, B, and C, 550
and other contagious diseases. The sheriff or other person in 552
charge of the operation of the jail may cause a convicted or 553
accused offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including, but not 554
limited to, hepatitis A, B, and C, or another contagious disease 556
to be tested and treated involuntarily.
Sec. 341.23. (A) The board of county commissioners of any 565
county or the legislative authority of any municipal corporation 566
in which there is no workhouse, may agree with the legislative 567
authority of any municipal corporation or other authority having 568
control of the workhouse of any other city, or with the directors 569
of any district of a joint city and county workhouse or county 570
workhouse, upon terms on which persons convicted of a misdemeanor 571
by any court or magistrate of a county or municipal corporation 572
having no workhouse, may be received into such THAT workhouse, 573
under sentence of the court or magistrate. Such THE board or 574
legislative authority may pay the expenses incurred under the 575
agreement out of the general fund of such THAT county or 576
municipal corporation, upon the certificate of the proper officer 577
of the workhouse.
(B) The sheriff or other officer transporting any person 579
to such THE workhouse DESCRIBED IN DIVISION (A) OF THIS SECTION 581
shall receive six cents per mile for the sheriff or officer, 583
going and returning, five cents per mile for transporting the 584
convict, and five cents per mile, going and coming, for the
service of each deputy, to be allowed as in cases in which a 585
17
person is transported to a state correctional institution. The 586
number of miles shall be computed by the usual routes of travel 587
and, in state cases, shall be paid out of the general fund of the 588
county, on the allowance of the board, and for the violation of 589
the ordinances of any municipal corporation, shall be paid by 590
such THAT municipal corporation on the order of its legislative 591
authority. 592
(C)(1) The board of county commissioners, the directors of 594
the district of a joint city and county workhouse or county 595
workhouse, or the legislative authority of the municipal 596
corporation may require a person who was convicted of an offense 597
and who is confined in a workhouse as provided in division (A) of 599
this section, to reimburse the county, district, or municipal 600
corporation, as the case may be, for its expenses incurred by 601
reason of the person's confinement, including, but not limited 602
to, the expenses relating to the provision of food, clothing, 603
shelter, medical care, personal hygiene products, including, but 604
not limited to, toothpaste, toothbrushes, and feminine hygiene 605
items, and up to two hours of overtime costs the sheriff or 606
municipal corporation incurred relating to the trial of the 607
person. The amount of reimbursement may be the actual cost of 608
the person's confinement plus the authorized trial overtime costs 610
or a lesser amount determined by the board of county 611
commissioners of the county, the directors of the district of the 612
joint city or county workhouse, or the legislative authority of 613
the municipal corporation, provided that the lesser amount shall 614
be determined by a formula that is uniformly applied to persons
incarcerated in the workhouse. The amount of reimbursement shall 615
be determined by a court at a hearing held pursuant to section 616
2929.18 of the Revised Code if the person is confined for a 617
felony or section 2929.223 of the Revised Code if the person is 618
confined for a misdemeanor. The amount or amounts paid in 619
reimbursement by a person confined for a misdemeanor or the 620
amount recovered from a person confined for a misdemeanor by
18
executing upon the judgment obtained pursuant to section 2929.223 621
of the Revised Code shall be paid into the treasury of the 622
county, district, or municipal corporation that incurred the 623
expenses. If a person is confined for a felony and the court 624
imposes a sanction under section 2929.18 of the Revised Code that 625
requires the person to reimburse the costs of confinement, the 626
prosecuting attorney or the municipal chief legal officer shall
bring an action to recover the expenses of confinement, in 627
accordance with section 2929.18 of the Revised Code. 629
(2) The board of county commissioners, the directors of 631
the district of a joint city and county workhouse or county 632
workhouse, or the legislative authority of the municipal 633
corporation may adopt a resolution or ordinance specifying that a 634
person who is convicted of a felony and who is confined in a 635
workhouse as provided in division (A) of this section is not 636
required to reimburse the county, district, or municipal 637
corporation, as the case may be, for its expenses incurred by 638
reason of the person's confinement, including the expenses listed 639
in division (C)(1) of this section. If the board, directors, or 640
legislative authority adopts a resolution or ordinance of that 641
nature, the board, directors, or legislative authority shall 642
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 643
impose a sanction under section 2929.18 of the Revised Code that 644
requires the person to reimburse the costs of the confinement. 645
(D) In lieu of requiring offenders to reimburse the 647
political subdivision for expenses incurred by reason of the 648
person's confinement under division (C) of this section, the 649
board of county commissioners, the directors of the district of 650
joint city and county workhouse or county workhouse, or the
legislative authority of the municipal corporation having control 651
of the workhouse may adopt a prisoner reimbursement policy for 652
the workhouse under this division. A THE BOARD, DIRECTORS, OR 653
AUTHORITY MAY APPOINT A reimbursement coordinator may be 654
19
appointed to administer the prisoner reimbursement policy. A 655
prisoner reimbursement policy adopted under this division is a 656
policy that requires a person confined to the workhouse to
reimburse the political subdivision responsible for paying 657
prisoner expenses for any expenses it incurs by reason of the 658
person's confinement in the workhouse, which expenses may 659
include, but are not limited to, the following:
(1) A per diem fee for room and board of not more than 661
sixty dollars per day or the actual per diem cost, whichever is 662
less, for the entire period of time the person is confined to the 663
workhouse;
(2) Actual charges for medical and dental treatment, AND 665
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 666
SECTION 341.26 OF THE REVISED CODE; 667
(3) Reimbursement for government property damaged by the 669
person while confined to the workhouse. 670
Rates charged shall be on a sliding scale determined by the 672
board of county commissioners, the directors of the district of 673
joint city and county workhouse or county workhouse, or the 674
legislative authority of the municipal corporation having control 675
of the workhouse, based on the ability of the person confined to 676
the workhouse to pay and on consideration of any legal obligation 677
of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom 678
the person is providing or has in fact provided support. 679
The reimbursement coordinator or another person designated 681
by the administrator of the workhouse may investigate the 682
financial status of the person and obtain information necessary 683
to investigate that status, by means that may include contacting 684
employers and reviewing income tax records. The coordinator may 685
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 686
person's incarceration, the person shall be presented with a 687
billing statement.
20
The reimbursement coordinator or another appointed person 689
may collect, or the board of county commissioners, the directors 690
of the district of joint city and county workhouse or county 691
workhouse, or the legislative authority of the municipal 692
corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to 693
collect, any amounts remaining unpaid. Within twelve months 694
after the date of the confined person's release, the prosecuting 695
attorney, city director of law, village solicitor, or attorney 696
for the district may file a civil action to seek reimbursement 697
from that person for any billing amount that remains unpaid. The 698
political subdivision shall not enforce any judgment obtained
under this section by means of execution against the person's 699
homestead. For purposes of this section, "homestead" has the 700
same meaning as in division (A) of section 323.151 of the Revised 701
Code. Any reimbursement received under this section shall be 702
credited to the general fund of the political subdivision that
bore the expense, to be used for general fund purposes. 703
(E)(1) Notwithstanding any contrary provision in this 705
section or section 2929.18 or 2929.223 of the Revised Code, the 706
appropriate board of county commissioners and legislative 707
authorities may include in their agreement entered into under 708
division (A) of this section a policy that requires any person 709
who is not indigent and who is confined in the county, city,
district, or joint city and county workhouse under this section 710
to pay a reasonable fee for any medical treatment or service 711
requested by and provided to that person OR TO PAY THE FEE FOR A 712
RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION 341.26 OF 713
THE REVISED CODE. This THE fee FOR THE MEDICAL TREATMENT OR 714
SERVICE shall not exceed the actual cost of the treatment or 715
service provided. No person confined to a county, city, 716
district, or joint city and county workhouse under this section 717
who is indigent shall be required to pay those fees, and no 718
person confined to any workhouse of that type shall be denied any 719
21
necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or 721
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 722
the required fee may be automatically deducted from a person's 723
account record in the workhouse's business office. If the person 724
has no funds in the person's account, a deduction may be made at 725
a later date during the person's confinement in the workhouse if 726
funds later become available in the person's account. If the 727
person is released from the workhouse and has an unpaid balance 728
of these fees, the appropriate board of county commissioners and
legislative authorities may bill the person for payment of the 729
remaining unpaid fees in the same proportion as those expenses 730
were borne by the political subdivision issuing the billing 731
statement. Fees received for medical treatment or services shall 732
be paid into the commissary fund, if one has been created for the 733
workhouse, or if no such fund exists, into the treasuries of the 734
political subdivisions that incurred the expenses of those
treatments or services in the same proportion as those expenses 735
were borne by these political subdivisions. 736
(2) If a person confined to a county, city, district, or 738
joint city and county workhouse is required under division (C) or 739
(D) of this section or section 2929.18 or 2929.223 of the Revised 740
Code to reimburse a county or municipal corporation for expenses 741
incurred by reason of the person's confinement to the workhouse, 742
any fees paid by the person under division (E)(1) of this section 743
shall be deducted from the expenses required to be reimbursed 744
under division (C) or (D) of this section or section 2929.18 or
2929.223 of the Revised Code. 745
(F) If a person who has been convicted of or pleaded 747
guilty to an offense is incarcerated in the workhouse as provided 748
in division (A) of this section, at the time of reception and at 750
other times the person in charge of the operation of the 751
workhouse determines to be appropriate, the person in charge of 753
the operation of the workhouse may cause the convicted offender 754
22
to be examined and tested for tuberculosis, HIV infection, 756
hepatitis, including but not limited to hepatitis A, B, and C, 757
and other contagious diseases. The person in charge of the 759
operation of the workhouse may cause a convicted offender in the 760
workhouse who refuses to be tested or treated for tuberculosis, 762
HIV infection, hepatitis, including but not limited to hepatitis 763
A, B, and C, or another contagious disease to be tested and 765
treated involuntarily.
Sec. 341.26. (A) AS USED IN THIS SECTION: 767
(1) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 770
SECTION 5120.63 OF THE REVISED CODE. 772
(2) "PRISONER" MEANS A PERSON CONFINED IN A JAIL OR 774
MULTICOUNTY CORRECTIONAL CENTER FOLLOWING A CONVICTION OF OR PLEA 775
OF GUILTY TO A CRIMINAL OFFENSE. 776
(B) THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY, WITH 778
THE CONSENT OF THE SHERIFF OF THE COUNTY, OR THE BOARDS OF COUNTY 779
COMMISSIONERS OF TWO OR MORE ADJACENT COUNTIES THAT HAVE JOINTLY 780
ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO SECTION 781
307.93 OF THE REVISED CODE, WITH THE CONSENT OF THE SHERIFFS OF 784
THOSE ADJACENT COUNTIES, MAY ENTER INTO A CONTRACT WITH A
LABORATORY OR ENTITY TO PERFORM BLOOD OR URINE SPECIMEN 785
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION, 786
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED IN 787
THE PERFORMANCE OF RANDOM DRUG TESTING OF PRISONERS. THE TERMS 788
OF ANY CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A 789
REQUIREMENT THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE 790
SHERIFF, DEPUTY SHERIFFS, THE CORRECTIONS COMMISSION OR THE 791
ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL CENTER SPECIFIED IN 792
DIVISION (D) OF THIS SECTION, THE EMPLOYEES OF THE JAIL AND 793
MULTICOUNTY CORRECTIONAL CENTER, AND ALL OTHER PERSONS COMPLY 794
WITH THE STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS 795
SPECIFIED IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION. 796
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A LABORATORY OR 799
ENTITY UNDER DIVISION (B) OF THIS SECTION, A BOARD OF COUNTY 801
23
COMMISSIONERS OR, IN THE CASE OF A MULTICOUNTY CORRECTIONAL 802
CENTER, THE BOARDS OF COUNTY COMMISSIONERS OF THE COUNTIES THAT 803
HAVE ESTABLISHED THE CENTER SHALL ADOPT RULES FOR THE RANDOM DRUG 804
TESTING OF PRISONERS. THE RULES SHALL INCLUDE, BUT ARE NOT 805
LIMITED TO, PROVISIONS THAT DO THE FOLLOWING:
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK, OBTAIN, AND 808
MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG ABUSE; 809
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 811
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING 812
THE FOLLOWING: 813
(a) THE COLLECTION BY THE LABORATORY OR ENTITY OF BLOOD OR 816
URINE SPECIMENS OF INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY 817
APPROVED MANNER AND UNDER REASONABLE AND SANITARY CONDITIONS; 818
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 820
OF BLOOD OR URINE SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF 822
THE INDIVIDUAL BEING TESTED AND IN A MANNER REASONABLY CALCULATED 823
TO PREVENT SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND 824
TESTING OF THE SPECIMENS; 825
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 827
COLLECTED BY THE LABORATORY OR ENTITY AND DOCUMENTATION 829
PROCEDURES THAT REASONABLY PRECLUDE THE POSSIBILITY OF ERRONEOUS 830
IDENTIFICATION OF TEST RESULTS AND THAT PROVIDE THE INDIVIDUAL 831
BEING TESTED AN OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING 832
ANY PRESCRIPTION OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL 833
IN CONNECTION WITH A MEDICAL CONDITION; 834
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 836
TRANSPORTATION BY THE LABORATORY OR ENTITY OF BLOOD OR URINE 838
SPECIMENS IN A MANNER THAT REASONABLY PRECLUDES THE POSSIBILITY 839
OF CONTAMINATION OR ADULTERATION OF THE SPECIMENS; 840
(e) THE TESTING BY THE LABORATORY OR ENTITY OF A BLOOD OR 843
URINE SPECIMEN OF AN INDIVIDUAL TO DETERMINE WHETHER THE 844
INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, IN A 845
MANNER THAT CONFORMS TO SCIENTIFICALLY ACCEPTED ANALYTICAL 846
METHODS AND PROCEDURES AND THAT MAY INCLUDE VERIFICATION OR 847
24
CONFIRMATION OF ANY POSITIVE TEST RESULT BY A RELIABLE ANALYTICAL 848
METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 850
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO IS 852
QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM THAT 853
ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD 854
OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE 855
AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 856
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 858
TESTING ON PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL 859
CENTER; 860
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 862
SELECTION OF PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL 863
CENTER TO SUBMIT TO RANDOM DRUG TESTING UNDER THIS SECTION; 865
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR TRANSMITTING THE 867
RESULTS OF THE RANDOM DRUG TESTING OF PRISONERS IN THE JAIL OR 868
MULTICOUNTY CORRECTIONAL CENTER FROM THE CONTRACTING LABORATORY 869
OR ENTITY TO THE SHERIFF, THE CORRECTIONS COMMISSION, OR THE 870
ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO 871
DIVISION (E) OF THIS SECTION; 872
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 874
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A 875
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH 877
PROCEDURES PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE 878
COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO THE DRUG 880
TESTS.
(D) IF A BOARD OF COUNTY COMMISSIONERS ENTERS INTO A 882
CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE SHERIFF OF 885
THAT COUNTY, PURSUANT TO THE TERMS OF THE CONTRACT AND THE RULES 886
ADOPTED UNDER DIVISION (C) OF THIS SECTION, SHALL FACILITATE THE 888
COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION BY THE 889
CONTRACTING LABORATORY OR ENTITY OF THE BLOOD OR URINE SPECIMENS 890
OF THE PRISONERS WHO ARE CONFINED IN THE JAIL AND WHO ARE SUBJECT 891
25
TO RANDOM DRUG TESTING. IF THE BOARDS OF COUNTY COMMISSIONERS 892
THAT HAVE JOINTLY ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER 893
ENTER INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, 894
THE CORRECTIONS COMMISSION OR THE ADMINISTRATOR OF THE 895
MULTICOUNTY CORRECTIONAL CENTER, PURSUANT TO THE TERMS OF THE 896
CONTRACT AND THE RULES ADOPTED UNDER DIVISION (C) OF THIS 898
SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION, 899
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR 900
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE PRISONERS WHO ARE 901
CONFINED IN THE MULTICOUNTY CORRECTIONAL CENTER AND WHO ARE 902
SUBJECT TO RANDOM DRUG TESTING. 903
(E) IF A COUNTY OR TWO OR MORE ADJACENT COUNTIES ENTER 905
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE 907
CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING 908
AS PROVIDED IN THE CONTRACT, THE LABORATORY OR ENTITY SHALL 909
TRANSMIT THE RESULTS OF THE DRUG TESTS TO THE SHERIFF,
CORRECTIONS COMMISSION, OR ADMINISTRATOR WHO FACILITATED THE 912
COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION OF 913
BLOOD OR URINE SPECIMENS UNDER DIVISION (D) OF THIS SECTION. THE 914
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL FILE FOR 915
RECORD THE RESULTS OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER 917
OR NOT EACH PRISONER WHO IS CONFINED IN THE JAIL OR MULTICOUNTY 918
CORRECTIONAL CENTER AND WHO WAS SUBJECTED TO THE DRUG TEST 919
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE SHERIFF, 920
CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL GIVE APPROPRIATE 921
NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER WHO WAS 922
SUBJECTED TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS INDICATE 923
THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 924
THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL 925
AFFORD THAT PRISONER AN OPPORTUNITY TO BE HEARD REGARDING THE 926
RESULTS OF THE DRUG TEST AND TO PRESENT CONTRARY EVIDENCE AT A 927
HEARING HELD BEFORE THE SHERIFF, CORRECTIONS COMMISSION, OR 928
ADMINISTRATOR WITHIN THIRTY DAYS AFTER NOTIFICATION OF THE 929
PRISONER UNDER THIS DIVISION. AFTER THE HEARING, IF A HEARING IS 930
26
HELD, THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL 931
MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY THE 933
PRISONER. IF THE SHERIFF, CORRECTIONS COMMISSION, OR 934
ADMINISTRATOR REJECTS THE EVIDENCE PRESENTED BY THE PRISONER AT 935
THE HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE 936
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR MAY ASSESS A 937
REASONABLE FEE, DETERMINED PURSUANT TO DIVISION (C) OF THIS 939
SECTION, FOR THE COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE 940
PAID BY THE PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE 941
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 942
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR MAY COLLECT THE 943
FEE PURSUANT TO SECTION 307.93, 341.06, 341.21, OR 341.23 OF THE 944
REVISED CODE. 945
Sec. 753.02. (A) The legislative authority of a municipal 954
corporation shall provide by ordinance for sustaining all persons 955
sentenced to or confined in a prison or station house at the 956
expense of the municipal corporation, and in counties where 957
prisons or station houses are in quarters leased from the board 958
of county commissioners, may contract with the board for the care 959
and maintenance of such THOSE persons by the sheriff or other 960
person charged with the care and maintenance of county prisoners. 961
On the presentation of bills for food, sustenance, and necessary 962
supplies, to the proper officer, certified by such THE person as 964
WHOM the legislative authority designates, the officer shall
audit the bills under the rules prescribed by the legislative 966
authority, and draw the officer's order on the treasurer of the 967
municipal corporation in favor of the person presenting the bill. 968
(B)(1) The legislative authority of the municipal 970
corporation may require a person who was convicted of an offense 971
and who is confined in a prison or station house as provided in 972
division (A) of this section, or a person who was convicted of an 973
offense and who is confined in the county jail as provided in 974
section 1905.35 of the Revised Code, to reimburse the municipal 975
corporation for its expenses incurred by reason of the person's 976
27
confinement, including, but not limited to, the expenses relating 977
to the provision of food, clothing, shelter, medical care, 979
personal hygiene products, including, but not limited to, 980
toothpaste, toothbrushes, and feminine hygiene items, and up to 981
two hours of overtime costs the sheriff or municipal corporation
incurred relating to the trial of the person. The amount of 982
reimbursement may be the actual cost of the prisoner's 983
confinement plus the authorized trial overtime costs or a lesser 984
amount determined by the legislative authority of the municipal 985
corporation, provided that the lesser amount shall be determined 986
by a formula that is uniformly applied to persons incarcerated in 987
the prison, station house, or county jail. The amount of 988
reimbursement shall be determined by a court at a hearing held 989
pursuant to section 2929.18 of the Revised Code if the person is 990
confined for a felony or section 2929.223 of the Revised Code if 991
the person is confined for a misdemeanor. The amount or amounts 993
paid in reimbursement by a person confined for a misdemeanor or 994
the amount recovered from a person confined for a misdemeanor by 995
executing upon the judgment obtained pursuant to section 2929.223 996
of the Revised Code shall be paid into the treasury of the 997
municipal corporation. If a person is confined for a felony and 998
the court imposes a sanction under section 2929.18 of the Revised 999
Code that requires the person to reimburse the costs of 1,000
confinement, the village solicitor, city director of law, or
other chief legal officer shall bring an action to recover the 1,001
expenses of confinement in accordance with section 2929.18 of the 1,002
Revised Code. 1,003
(2) The legislative authority of the municipal corporation 1,005
may adopt an ordinance specifying that a person who is convicted 1,006
of a felony and who is confined in a prison or station house as 1,007
provided in division (A) of this section is not required to 1,008
reimburse the municipal corporation for its expenses incurred by 1,009
reason of the person's confinement, including the expenses listed 1,010
in division (B)(1) of this section. If the legislative authority 1,012
28
adopts an ordinance of that nature, the legislative authority
shall provide a copy to the court of common pleas of the county, 1,013
and the court that sentences a person convicted of a felony shall 1,014
not impose a sanction under section 2929.18 of the Revised Code 1,015
that requires the person to reimburse the costs of the 1,016
confinement.
(C) In lieu of requiring offenders to reimburse the 1,018
municipal corporation for expenses incurred by reason of the 1,019
person's confinement under division (B) of this section, the 1,020
legislative authority of the municipal corporation may adopt a 1,021
prisoner reimbursement policy for the prison or station house
under this division. The prison or station house administrator 1,022
may appoint a reimbursement coordinator to administer the 1,023
prisoner reimbursement policy. A prisoner reimbursement policy 1,024
adopted under this division is a policy that requires a person 1,025
confined to the prison or station house to reimburse the
municipal corporation for any expenses it incurs by reason of the 1,026
person's confinement in the prison or station house, which 1,027
expenses may include, but are not limited to, the following: 1,028
(1) A per diem fee for room and board of not more than 1,030
sixty dollars per day or the actual per diem cost, whichever is 1,031
less, for the entire period of time the person is confined to the 1,032
prison or station house;
(2) Actual charges for medical and dental treatment, AND 1,034
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 1,035
SECTION 753.33 OF THE REVISED CODE; 1,036
(3) Reimbursement for municipal property damaged by the 1,038
person while confined to the prison or station house. 1,039
Rates charged shall be on a sliding scale determined by the 1,041
legislative authority of the municipal corporation, based on the 1,042
ability of the person confined to the prison or station house to 1,043
pay and on consideration of any legal obligation of the person to 1,044
support a spouse, minor children, or other dependents and any 1,045
moral obligation to support dependents to whom the person is 1,046
29
providing or has in fact provided support.
The reimbursement coordinator or another appointed person 1,048
may investigate the financial status of the confined person and 1,049
obtain information necessary to investigate that status, by means 1,050
that may include contacting employers and reviewing income tax 1,051
records. The coordinator may work with the confined person to 1,052
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,053
shall be presented with a billing statement. 1,054
The reimbursement coordinator or another appointed person 1,056
may collect, or the legislative authority of the municipal 1,057
corporation may enter into a contract with one or more public 1,058
agencies or private vendors to collect, any amounts remaining 1,059
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,060
other attorney for the municipal corporation may file a civil 1,061
action to seek reimbursement from that person for any billing 1,062
amount that remains unpaid. The municipal corporation shall not 1,063
enforce any judgment obtained under this section by means of 1,064
execution against the person's homestead. For purposes of this 1,065
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,066
under this section shall be credited to the general fund of the 1,067
municipal corporation that bore the expense, to be used for 1,068
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,070
section or section 2929.18 or 2929.223 of the Revised Code, the 1,071
legislative authority of the municipal corporation may establish 1,072
a policy that requires any person who is not indigent and who is 1,073
confined in a prison or station house to pay a reasonable fee for 1,074
any medical treatment or service requested by and provided to 1,075
that person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED
UNDER DIVISION (E) OF SECTION 753.33 OF THE REVISED CODE. This 1,076
THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed the 1,078
30
actual cost of the treatment or service provided. No person 1,079
confined to a prison or station house who is indigent shall be 1,080
required to pay those fees, and no person confined to a prison or 1,081
station house shall be denied any necessary medical care because 1,082
of inability to pay those fees.
Upon provision of the requested medical treatment or 1,084
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,085
the required fee may be automatically deducted from a person's 1,086
account record in the prison or station house's business office. 1,087
If the person has no funds in the person's account, a deduction 1,088
may be made at a later date during the person's confinement in 1,089
the prison or station house if funds later become available in 1,090
the person's account. If the person is released from the prison
or station house and has an unpaid balance of these fees, the 1,091
legislative authority may bill the person for payment of the 1,092
remaining unpaid fees. Fees received for medical treatment or 1,093
services shall be paid into the commissary fund, if one has been 1,094
created for the prison or station house, or if no such fund 1,095
exists, into the municipal treasury.
(2) If a person confined to a prison or station house is 1,097
required under division (B) or (C) of this section or section 1,098
2929.18 or 2929.223 of the Revised Code to reimburse the 1,099
municipal corporation for expenses incurred by reason of the 1,100
person's confinement to the prison or station house, any fees
paid by the person under division (D)(1) of this section shall be 1,101
deducted from the expenses required to be reimbursed under 1,102
division (B) or (C) of this section or section 2929.18 or 1,103
2929.223 of the Revised Code.
(E) If a person who has been convicted of or pleaded 1,105
guilty to an offense is sentenced to a term of imprisonment in a 1,106
prison or station house as described in division (A) of this 1,107
section, or if a person who has been arrested for an offense, and 1,108
who has been denied bail or has had bail set and has not been 1,109
released on bail is confined in a prison or station house as
31
described in division (A) of this section pending trial, at the 1,111
time of reception and at other times the person in charge of the 1,113
operation of the prison or station house determines to be 1,114
appropriate, the person in charge of the operation of the prison 1,115
or station house may cause the convicted or accused offender to
be examined and tested for tuberculosis, HIV infection, 1,117
hepatitis, including, but not limited to, hepatitis A, B, and C, 1,118
and other contagious diseases. The person in charge of the 1,120
operation of the prison or station house may cause a convicted or 1,121
accused offender in the prison or station house who refuses to be
tested or treated for tuberculosis, HIV infection, hepatitis, 1,123
including, but not limited to, hepatitis A, B, and C, or another 1,124
contagious disease to be tested and treated involuntarily. 1,125
Sec. 753.04. (A) When a person over sixteen years of age 1,134
is convicted of an offense under the law of this state or an 1,135
ordinance of a municipal corporation, and the tribunal before 1,136
which the conviction is had is authorized by law to commit the 1,137
offender to the county jail or municipal corporation prison, the 1,138
court, mayor, or judge of the county court, as the case may be, 1,139
may sentence the offender to a workhouse. 1,140
When a commitment is made from a municipal corporation or 1,142
township in the county, other than in a municipal corporation 1,143
having a workhouse, the legislative authority of the municipal 1,144
corporation or the board of township trustees shall transmit with 1,145
the mittimus a sum of money equal to not less than seventy cents 1,146
per day for the time of the commitment, to be placed in the hands 1,147
of the superintendent of a workhouse for the care and maintenance 1,148
of the prisoner. 1,149
(B)(1) The legislative authority of the municipal 1,151
corporation or the board of township trustees may require a 1,152
person who is convicted of an offense and who is confined in a 1,154
workhouse as provided in division (A) of this section, to 1,155
reimburse the municipal corporation or the township, as the case 1,156
may be, for its expenses incurred by reason of the person's 1,157
32
confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical care, 1,159
personal hygiene products, including, but not limited to,
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,160
two hours of overtime costs the sheriff or municipal corporation 1,161
incurred relating to the trial of the person. The amount of 1,162
reimbursement may be the actual cost of the prisoner's 1,163
confinement plus the authorized trial overtime costs or a lesser 1,164
amount determined by the legislative authority of the municipal 1,165
corporation or board of township trustees, provided that the 1,166
lesser amount shall be determined by a formula that is uniformly 1,167
applied to persons incarcerated in the workhouse. The amount of 1,168
reimbursement shall be determined by a court at a hearing held 1,169
pursuant to section 2929.18 of the Revised Code if the person is 1,171
confined for a felony or section 2929.223 of the Revised Code if 1,172
the person is confined for a misdemeanor. The amount or amounts 1,174
paid in reimbursement by a person confined for a misdemeanor or 1,176
the amount recovered from a person confined for a misdemeanor by 1,178
executing upon the judgment obtained pursuant to section 2929.223 1,179
of the Revised Code shall be paid into the treasury of the
municipal corporation or township that incurred the expenses. If 1,180
a person is confined for a felony and the court imposes a 1,182
sanction under section 2929.18 of the Revised Code that requires 1,183
the person to reimburse the costs of confinement, the city 1,185
director of law, village solicitor, or other chief legal officer
shall bring an action to recover the expenses of confinement in 1,186
accordance with section 2929.18 of the Revised Code. 1,187
(2) The legislative authority of a municipal corporation 1,189
or the board of township trustees may adopt an ordinance or 1,190
resolution specifying that a person who is convicted of a felony 1,191
and who is confined in a workhouse as provided in division (A) of 1,192
this section is not required to reimburse the municipal 1,193
corporation or the township, as the case may be, for its expenses 1,194
incurred by reason of the person's confinement, including the 1,195
33
expenses listed in division (B)(1) of this section. If the 1,196
legislative authority or board adopts a resolution of that 1,197
nature, the legislative authority or board shall provide a copy 1,198
to the court of common pleas of the county, and the court that 1,199
sentences a person convicted of a felony shall not impose a 1,200
sanction under section 2929.18 of the Revised Code that requires 1,201
the person to reimburse the costs of the confinement. 1,202
(C) In lieu of requiring offenders to reimburse the 1,204
political subdivision for expenses incurred by reason of the 1,205
person's confinement in a municipal workhouse under division (B) 1,206
of this section or under division (C) of section 753.16 of the 1,207
Revised Code, the legislative authority of the municipal
corporation may adopt a prisoner reimbursement policy for the 1,208
workhouse under this division. A THE LEGISLATIVE AUTHORITY OF 1,209
THE MUNICIPAL CORPORATION MAY APPOINT A reimbursement coordinator 1,210
may be appointed to administer the prisoner reimbursement policy. 1,211
A prisoner reimbursement policy adopted under this division is a 1,213
policy that requires a person confined to the municipal workhouse 1,214
to reimburse any expenses it incurs by reason of the person's 1,215
confinement in the workhouse, which expenses may include, but are
not limited to, the following: 1,216
(1) A per diem fee for room and board of not more than 1,218
sixty dollars per day or the actual per diem cost, whichever is 1,219
less, for the entire period of time the person is confined to the 1,220
workhouse;
(2) Actual charges for medical and dental treatment, AND 1,222
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 1,223
SECTION 753.33 OF THE REVISED CODE; 1,224
(3) Reimbursement for municipal property damaged by the 1,226
person while confined to the workhouse. 1,227
Rates charged shall be on a sliding scale determined by the 1,229
legislative authority of the municipal corporation based on the 1,230
ability of the person confined to the workhouse to pay and on 1,231
consideration of any legal obligation of the person to support a 1,232
34
spouse, minor children, or other dependents and any moral 1,233
obligation to support dependents to whom the person is providing
or has in fact provided support. 1,234
The reimbursement coordinator or another workhouse employee 1,236
may investigate the financial status of the confined person and 1,237
obtain information necessary to investigate that status, by means 1,238
that may include contacting employers and reviewing income tax 1,239
records. The coordinator may work with the confined person to 1,240
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,241
shall be presented with a billing statement. 1,242
The reimbursement coordinator or another workhouse employee 1,244
may collect, or the legislative authority of the municipal 1,245
corporation may enter into a contract with one or more public 1,246
agencies or private vendors to collect, any amounts remaining 1,247
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,248
other attorney for the municipal corporation may file a civil 1,249
action to seek reimbursement from that person for any billing 1,250
amount that remains unpaid. The municipal corporation shall not 1,251
enforce any judgment obtained under this section by means of 1,252
execution against the person's homestead. For purposes of this 1,253
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,254
under this section shall be credited to the general fund of the 1,255
political subdivision that bore the expense, to be used for 1,256
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,258
section or section 2929.18 or 2929.223 of the Revised Code, the 1,259
legislative authority of the municipal corporation or board of 1,260
township trustees may establish a policy that requires any person 1,261
who is not indigent and who is confined in the workhouse under 1,262
division (A) of this section to pay a reasonable fee for any
medical treatment or service requested by and provided to that 1,263
35
person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER 1,264
DIVISION (E) OF SECTION 753.33 OF THE REVISED CODE. This THE fee 1,266
FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed the actual 1,267
cost of the treatment or service provided. No person confined to 1,268
a workhouse who is indigent shall be required to pay those fees, 1,269
and no person confined to a workhouse shall be denied any
necessary medical care because of inability to pay those fees. 1,270
Upon provision of the requested medical treatment or 1,272
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,273
the required fee may be automatically deducted from a person's 1,274
account record in the workhouse's business office. If the person 1,275
has no funds in the person's account, a deduction may be made at 1,276
a later date during the person's confinement in the center if 1,277
funds later become available in the person's account. If the 1,278
person is released from the workhouse and has an unpaid balance 1,279
of these fees, the legislative authority or board of township
trustees may bill the person for payment of the remaining unpaid 1,280
fees. Fees received for medical treatment or services shall be 1,281
paid into the commissary fund, if one has been created for the 1,282
workhouse, or if no such fund exists, into the treasury of the 1,283
municipal corporation or township.
(2) If a person confined to a workhouse under division (A) 1,285
of this section is required under division (B) of this section or 1,286
section 2929.18 or 2929.223 of the Revised Code to reimburse 1,287
medical expenses incurred by reason of the person's confinement 1,288
to the workhouse, any fees paid by the person under division 1,289
(D)(1) of this section shall be deducted from the expenses 1,290
required to be reimbursed under division (B) of this section or 1,291
section 2929.18 or 2929.223 of the Revised Code. 1,292
(E) If a person who has been convicted of or pleaded 1,294
guilty to an offense is incarcerated in a workhouse or if a 1,295
person who has been arrested for an offense, and who has not been 1,296
denied bail or has had bail set and has not been released on bail 1,297
is confined in a workhouse pending trial, at the time of 1,298
36
reception and at other times the person in charge of the 1,300
operation of the workhouse determines to be appropriate, the 1,301
person in charge of the operation of the workhouse may cause the 1,302
convicted or accused offender to be examined and tested for 1,304
tuberculosis, HIV infection, hepatitis, including, but not 1,305
limited to, hepatitis A, B, and C, and other contagious diseases. 1,307
The person in charge of the operation of the workhouse may cause 1,308
a convicted or accused offender in the workhouse who refuses to 1,309
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,310
including, but not limited to, hepatitis A, B, and C, or another 1,311
contagious disease to be tested and treated involuntarily. 1,313
Sec. 753.16. (A) Any city or district having a workhouse 1,322
may receive as inmates of the workhouse persons sentenced or 1,323
committed to it from counties other than the one in which the 1,324
workhouse is situated, upon such THE terms and during such THE 1,326
length of time as agreed upon by the boards of county 1,327
commissioners of such THOSE counties, or by the legislative 1,328
authority of a municipal corporation in such THOSE counties and 1,329
the legislative authority of the city, or the board of the 1,330
district workhouse, or other authority having the management and 1,331
control of the workhouse. Prisoners so received shall in all 1,332
respects be and remain under the control of such THAT authority, 1,333
and SHALL BE subject to the rules and discipline of the workhouse 1,334
TO WHICH the same as other prisoners detained there IN THE 1,335
WORKHOUSE ARE SUBJECT.
(B) Prior to the acceptance for housing into a jail or 1,337
workhouse of persons who are designated by the department of 1,338
rehabilitation and correction, who plead guilty to or are 1,339
convicted of a felony of the fourth or fifth degree, and who 1,340
satisfy the other requirements listed in section 5120.161 of the 1,341
Revised Code, the legislative authority of a municipal
corporation having a jail or workhouse, or the joint board 1,342
managing and controlling a workhouse for the joint use of a 1,343
municipal corporation and a county shall enter into an agreement 1,344
37
with the department of rehabilitation and correction under 1,345
section 5120.161 of the Revised Code for the housing in the jail 1,346
or workhouse of persons who are designated by the department, who 1,347
plead guilty to or are convicted of a felony of the fourth or 1,348
fifth degree, and who satisfy the other requirements listed in 1,349
that section, in exchange for a per diem fee per person. Persons 1,350
incarcerated in the jail or workhouse pursuant to such an 1,351
agreement OF THAT NATURE shall be subject to supervision and 1,352
control in the manner described in section 5120.161 of the 1,353
Revised Code. This division does not affect the authority of a 1,354
court to directly sentence a person who is convicted of or pleads 1,355
guilty to a felony to the jail or workhouse in accordance with
section 2929.16 of the Revised Code. 1,356
(C)(1) The board of county commissioners, the legislative 1,358
authority of the municipal corporation, or the board or other 1,359
managing authority of the district workhouse may require a person 1,360
who was convicted of an offense and who is confined in the 1,362
workhouse as provided in division (A) of this section, to 1,363
reimburse the county, municipal corporation, or district, as the 1,364
case may be, for its expenses incurred by reason of the person's 1,365
confinement, including, but not limited to, the expenses relating 1,366
to the provision of food, clothing, shelter, medical care, 1,367
personal hygiene products, including, but not limited to, 1,368
toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation 1,369
incurred relating to the trial of the person. The amount of 1,371
reimbursement may be the actual cost of the person's confinement 1,373
plus the authorized trial overtime costs or a lesser amount
determined by the board of county commissioners for the county, 1,375
the legislative authority of the municipal corporation, or the
board or other managing authority of the district workhouse, 1,376
provided that the lesser amount shall be determined by a formula 1,377
that is uniformly applied to persons incarcerated in the 1,378
workhouse. The amount of reimbursement shall be determined by a 1,379
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 1,381
2929.223 of the Revised Code if the person is confined for a 1,382
misdemeanor. The amount or amounts paid in reimbursement by a 1,384
person confined for a misdemeanor or the amount recovered from a 1,386
person confined for a misdemeanor by executing upon the judgment 1,388
obtained pursuant to section 2929.223 of the Revised Code shall
be paid into the treasury of the county, municipal corporation, 1,389
or district that incurred the expenses. If a person is confined 1,390
for a felony and the court imposes a sanction under section 1,391
2929.18 of the Revised Code that requires the person to reimburse 1,392
the costs of confinement, the prosecuting attorney or municipal 1,394
chief legal officer shall bring an action to recover the expenses 1,395
of confinement in accordance with section 2929.18 of the Revised 1,396
Code.
(2) The board of county commissioners, the legislative 1,398
authority of the municipal corporation, or the board or other 1,399
managing authority of the district workhouse may adopt a 1,400
resolution or ordinance specifying that a person who is convicted 1,401
of a felony and who is confined in the workhouse as provided in 1,402
division (A) of this section is not required to reimburse the 1,403
county, municipal corporation, or district, as the case may be, 1,404
for its expenses incurred by reason of the person's confinement,
including the expenses listed in division (C)(1) of this section. 1,406
If the board, legislative authority, or managing authority adopts 1,407
a resolution of that nature, the board, legislative authority, or 1,408
managing authority shall provide a copy to the court of common 1,409
pleas of the county, and the court that sentences a person 1,410
convicted of a felony shall not impose a sanction under section 1,411
2929.18 of the Revised Code that requires the person to reimburse 1,412
the costs of the confinement. 1,413
(D)(1) Notwithstanding any contrary provision in this 1,415
section or section 2929.223 of the Revised Code, the board of 1,416
county commissioners, the legislative authority of a municipal 1,417
39
corporation, or the board or other managing authority of the 1,418
district workhouse may establish a policy that requires any 1,419
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 1,420
reasonable fee for any medical treatment or service requested by 1,421
and provided to that person OR TO PAY THE FEE FOR A RANDOM DRUG 1,422
TEST ASSESSED UNDER DIVISION (E) OF SECTION 753.33 OF THE REVISED 1,423
CODE. This THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall 1,424
not exceed the actual cost of the treatment or service provided. 1,425
No person who is indigent shall be required to pay those fees, 1,426
and no person shall be denied any necessary medical care because 1,427
of inability to pay those fees.
Upon provision of the requested medical treatment or 1,429
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,430
the required fee may be automatically deducted from a person's 1,431
account record in the jail or workhouse's business office. If 1,432
the person has no funds in the person's account, a deduction may 1,433
be made at a later date during the person's confinement in the 1,434
jail or workhouse if funds later become available in that 1,435
person's account. If the person is released from the jail or
workhouse and has an unpaid balance of these fees, the board of 1,436
county commissioners, the legislative authority of the municipal 1,437
corporation, or the board or other managing authority of the 1,438
district workhouse may bill the person for payment of the 1,439
remaining unpaid fees. Fees received for medical treatment or 1,440
services shall be paid into the commissary fund, if one has been
created for the workhouse, or if no such fund exists, into the 1,441
treasury of each applicable political subdivision. 1,442
(2) If a person confined to a jail or workhouse is 1,444
required under division (C) of this section or section 2929.18 or 1,445
2929.223 of the Revised Code to reimburse medical expenses 1,446
incurred by reason of the person's confinement to the jail or 1,447
workhouse, any fees paid by the person under division (D)(1) of 1,448
this section shall be deducted from the expenses required to be 1,449
40
reimbursed under division (C) of this section or section 2929.18
or 2929.223 of the Revised Code. 1,450
(E) If a person who has been convicted of or pleaded 1,452
guilty to an offense is confined in the workhouse as provided in 1,453
division (A) of this section or is incarcerated in the workhouse 1,454
in the manner described in division (B) of this section, or if a 1,455
person who has been arrested for an offense, and who has been 1,456
denied bail or has had bail set and has not been released on bail 1,457
is confined in the workhouse pending trial, at the time of 1,458
reception and at other times the person in charge of the 1,460
operation of the workhouse determines to be appropriate, the 1,461
person in charge of the operation of the workhouse may cause the 1,462
convicted or accused offender to be examined and tested for 1,464
tuberculosis, HIV infection, hepatitis, including but not limited 1,465
to hepatitis A, B, and C, and other contagious diseases. The 1,467
person in charge of the operation of the workhouse may cause a 1,468
convicted or accused offender in the workhouse who refuses to be 1,469
tested or treated for tuberculosis, HIV infection, hepatitis, 1,471
including but not limited to hepatitis A, B, and C, or another 1,472
contagious disease to be tested and treated involuntarily. 1,474
Sec. 753.33. (A) AS USED IN THIS SECTION: 1,476
(1) "JOINT BOARD" MEANS THE JOINT BOARD ESTABLISHED 1,478
PURSUANT TO SECTION 753.15 OF THE REVISED CODE. 1,479
(2) "MUNICIPAL PRISONER" MEANS A PRISONER WHO IS CONFINED 1,481
IN A MUNICIPAL JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, 1,482
JOINT CITY AND COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL 1,483
CENTER, MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, 1,484
MUNICIPAL-COUNTY JAIL OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL 1,486
OR WORKHOUSE FOR BEING CONVICTED OF OR PLEADING GUILTY TO A
CRIMINAL OFFENSE. 1,487
(3) "MULTICOUNTY-MUNICIPAL" HAS THE SAME MEANING AS IN 1,489
SECTION 307.93 OF THE REVISED CODE. 1,491
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 1,493
SECTION 5120.63 OF THE REVISED CODE. 1,495
41
(B) THE DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD MAY 1,498
ENTER INTO A CONTRACT WITH A LABORATORY OR ENTITY TO PERFORM 1,499
BLOOD OR URINE SPECIMEN COLLECTION, DOCUMENTATION, MAINTENANCE, 1,500
TRANSPORTATION, PRESERVATION, STORAGE, AND ANALYSES AND OTHER 1,501
DUTIES REQUIRED IN THE PERFORMANCE OF RANDOM DRUG TESTING OF 1,502
MUNICIPAL PRISONERS. THE TERMS OF ANY CONTRACT ENTERED INTO 1,504
UNDER THIS DIVISION SHALL INCLUDE A REQUIREMENT THAT THE
LABORATORY OR ENTITY AND ITS EMPLOYEES, THE DIRECTOR OF PUBLIC 1,505
SAFETY OR THE JOINT BOARD, THE SUPERINTENDENT OR CHIEF 1,506
ADMINISTRATIVE OFFICER SPECIFIED IN DIVISION (D) OF THIS SECTION, 1,507
THE EMPLOYEES OF THE CORRECTIONAL FACILITIES LISTED IN DIVISION 1,508
(A)(1) OF THIS SECTION, AND ALL OTHER PERSONS COMPLY WITH THE 1,509
STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS SPECIFIED 1,511
IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION.
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A LABORATORY OR 1,514
ENTITY UNDER DIVISION (B) OF THIS SECTION, A DIRECTOR OF PUBLIC 1,516
SAFETY OR A JOINT BOARD SHALL ADOPT RULES FOR THE RANDOM DRUG 1,517
TESTING OF MUNICIPAL PRISONERS. THE RULES SHALL INCLUDE, BUT ARE 1,518
NOT LIMITED TO, PROVISIONS THAT DO THE FOLLOWING: 1,519
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK, OBTAIN, AND 1,522
MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG ABUSE; 1,523
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 1,525
TESTING OF MUNICIPAL PRISONERS THAT INCLUDE, BUT ARE NOT LIMITED 1,526
TO, STANDARDS GOVERNING THE FOLLOWING: 1,527
(a) THE COLLECTION BY THE LABORATORY OR ENTITY OF BLOOD OR 1,530
URINE SPECIMENS OF INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY 1,531
APPROVED MANNER AND UNDER REASONABLE AND SANITARY CONDITIONS; 1,532
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 1,534
OF BLOOD OR URINE SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF 1,536
THE INDIVIDUAL BEING TESTED AND IN A MANNER REASONABLY CALCULATED 1,537
TO PREVENT SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND 1,538
TESTING OF THE SPECIMENS; 1,539
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 1,541
COLLECTED BY THE LABORATORY OR ENTITY AND DOCUMENTATION 1,543
42
PROCEDURES THAT REASONABLY PRECLUDE THE POSSIBILITY OF ERRONEOUS 1,544
IDENTIFICATION OF TEST RESULTS AND THAT PROVIDE THE INDIVIDUAL 1,545
BEING TESTED AN OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING 1,546
ANY PRESCRIPTION OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL 1,547
IN CONNECTION WITH A MEDICAL CONDITION; 1,548
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 1,550
TRANSPORTATION BY THE LABORATORY OR ENTITY OF BLOOD OR URINE 1,552
SPECIMENS IN A MANNER THAT REASONABLY PRECLUDES THE POSSIBILITY 1,553
OF CONTAMINATION OR ADULTERATION OF THE SPECIMENS; 1,554
(e) THE TESTING BY THE LABORATORY OR ENTITY OF A BLOOD OR 1,557
URINE SPECIMEN OF AN INDIVIDUAL TO DETERMINE WHETHER THE 1,558
INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, IN A 1,559
MANNER THAT CONFORMS TO SCIENTIFICALLY ACCEPTED ANALYTICAL 1,560
METHODS AND PROCEDURES AND THAT MAY INCLUDE VERIFICATION OR 1,561
CONFIRMATION OF ANY POSITIVE TEST RESULT BY A RELIABLE ANALYTICAL 1,562
METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 1,564
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO IS 1,566
QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM THAT 1,567
ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD 1,568
OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE 1,569
AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 1,570
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 1,572
TESTING ON MUNICIPAL PRISONERS; 1,573
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 1,575
SELECTION OF MUNICIPAL PRISONERS TO SUBMIT TO RANDOM DRUG TESTING 1,577
UNDER THIS SECTION;
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL 1,579
OF THE RESULTS OF THE RANDOM DRUG TESTING OF MUNICIPAL PRISONERS 1,580
FROM THE CONTRACTING LABORATORY OR ENTITY TO THE DIRECTOR OF 1,582
PUBLIC SAFETY OR THE JOINT BOARD PURSUANT TO DIVISION (E) OF 1,583
THIS SECTION;
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 1,585
43
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A 1,586
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH 1,588
PROCEDURES PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE 1,589
COLLECTION OF THOSE FEES FROM THE MUNICIPAL PRISONERS SUBJECTED 1,590
TO THE DRUG TESTS. 1,591
(D) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS 1,593
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE 1,596
SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER OF A CORRECTIONAL 1,597
FACILITY LISTED IN DIVISION (A)(2) OF THIS SECTION IN WHICH 1,598
MUNICIPAL PRISONERS ARE CONFINED, PURSUANT TO THE TERMS OF THE 1,599
CONTRACT AND THE RULES ADOPTED UNDER DIVISION (C) OF THIS 1,600
SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION, 1,601
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR 1,602
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE MUNICIPAL PRISONERS 1,604
WHO ARE CONFINED IN THAT CORRECTIONAL FACILITY AND WHO ARE
SUBJECT TO RANDOM DRUG TESTING. 1,605
(E) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS 1,607
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE 1,608
CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING 1,609
AS PROVIDED IN THE CONTRACT, THE LABORATORY OR ENTITY SHALL 1,610
TRANSMIT THE RESULTS OF THE DRUG TEST TO THE DIRECTOR OF PUBLIC 1,611
SAFETY OR THE JOINT BOARD, AS APPROPRIATE, THAT ENTERED INTO THE 1,612
CONTRACT. THE DIRECTOR OR THE JOINT BOARD SHALL FILE FOR RECORD 1,613
THE RESULTS OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER OR NOT 1,614
EACH MUNICIPAL PRISONER WHO WAS SUBJECTED TO THE DRUG TEST 1,615
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DIRECTOR OR 1,616
THE JOINT BOARD SHALL GIVE APPROPRIATE NOTICE OF THE DRUG TEST 1,617
RESULTS TO EACH MUNICIPAL PRISONER WHO WAS SUBJECTED TO A DRUG 1,618
TEST AND WHOSE DRUG TEST RESULTS INDICATE THAT THE MUNICIPAL 1,619
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 1,620
DIRECTOR OR THE JOINT BOARD SHALL AFFORD THAT MUNICIPAL PRISONER 1,621
AN OPPORTUNITY TO BE HEARD REGARDING THE RESULTS OF THE DRUG TEST 1,623
AND TO PRESENT CONTRARY EVIDENCE AT A HEARING HELD BEFORE THE 1,624
DIRECTOR OR THE JOINT BOARD WITHIN THIRTY DAYS AFTER NOTIFICATION
44
OF THE MUNICIPAL PRISONER UNDER THIS DIVISION. AFTER THE 1,626
HEARING, IF A HEARING IS HELD, THE DIRECTOR OR THE JOINT BOARD 1,627
SHALL MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY 1,628
THE MUNICIPAL PRISONER. IF THE DIRECTOR OR THE JOINT BOARD 1,629
REJECTS THE EVIDENCE PRESENTED BY THE MUNICIPAL PRISONER AT THE 1,630
HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE 1,631
DIRECTOR OR THE JOINT BOARD MAY ASSESS A REASONABLE FEE, 1,632
DETERMINED PURSUANT TO DIVISION (C) OF THIS SECTION, FOR THE 1,634
COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE PAID BY THE 1,635
MUNICIPAL PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 1,636
DIRECTOR OR THE JOINT BOARD MAY COLLECT THE FEE PURSUANT TO 1,638
SECTION 753.02, 753.04, OR 753.16 OF THE REVISED CODE. 1,639
Sec. 2305.234. (A) As used in this section: 1,648
(1) "Chiropractic claim," "medical claim," and "optometric 1,650
claim" have the same meanings as in section 2305.11 of the 1,651
Revised Code. 1,652
(2) "Dental claim" has the same meaning as in section 1,654
2305.11 of the Revised Code, except that it does not include any 1,655
claim arising out of a dental operation or any derivative claim 1,656
for relief that arises out of a dental operation. 1,657
(3) "Governmental health care program" has the same 1,659
meaning as in section 4731.65 of the Revised Code. 1,661
(4) "Health care professional" means any of the following 1,663
who provide medical, dental, or other health-related diagnosis, 1,665
care, or treatment:
(a) Physicians authorized under Chapter 4731. of the 1,667
Revised Code to practice medicine and surgery or osteopathic 1,668
medicine and surgery;
(b) Registered nurses and licensed practical nurses 1,670
licensed under Chapter 4723. of the Revised Code; 1,671
(c) Physician assistants authorized to practice under 1,673
Chapter 4730. of the Revised Code; 1,674
(d) Dentists and dental hygienists licensed under Chapter 1,676
45
4715. of the Revised Code; 1,677
(e) Physical therapists licensed under Chapter 4755. of 1,679
the Revised Code; 1,680
(f) Chiropractors licensed under Chapter 4734. of the 1,682
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the 1,684
Revised Code;
(h) Podiatrists authorized under Chapter 4731. of the 1,686
Revised Code to practice podiatry; 1,687
(i) Dietitians licensed under Chapter 4759. of the Revised 1,689
Code; 1,690
(j) Pharmacists licensed under Chapter 4729. of the 1,692
Revised Code. 1,693
(5) "Health care worker" means a person other than a 1,695
health care professional who provides medical, dental, or other 1,696
health-related care or treatment under the direction of a health 1,697
care professional with the authority to direct that individual's 1,698
activities, including medical technicians, medical assistants, 1,699
dental assistants, orderlies, aides, and individuals acting in 1,700
similar capacities.
(6) "Indigent and uninsured person" means a person who 1,702
meets all of the following requirements: 1,703
(a) The person's income is not greater than one hundred 1,705
fifty per cent of the current poverty line as defined by the 1,706
United States office of management and budget and revised in 1,707
accordance with section 673(2) of the "Omnibus Budget 1,708
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended. 1,709
(b) The person is not eligible to receive medical 1,711
assistance under Chapter 5111., disability assistance medical 1,712
assistance under Chapter 5115. of the Revised Code, or assistance 1,713
under any other governmental health care program;. 1,714
(c) Either of the following applies: 1,716
(i) The person is not a policyholder, certificate holder, 1,719
46
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance 1,720
or health care policy, contract, or plan;. 1,721
(ii) The person is a policyholder, certificate holder, 1,723
insured, contract holder, subscriber, enrollee, member, 1,724
beneficiary, or other covered individual under a health insurance 1,725
or health care policy, contract, or plan, but the insurer, 1,726
policy, contract, or plan denies coverage or is the subject of 1,727
insolvency or bankruptcy proceedings in any jurisdiction. 1,728
(7) "Operation" means any procedure that involves cutting 1,730
or otherwise infiltrating human tissue by mechanical means, 1,731
including surgery, laser surgery, ionizing radiation, therapeutic 1,732
ultrasound, or the removal of intraocular foreign bodies. 1,733
"Operation" does not include the administration of medication by 1,734
injection, unless the injection is administered in conjunction 1,735
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. 1,736
(8) "Nonprofit shelter or health care facility" means a 1,739
charitable nonprofit corporation organized and operated pursuant 1,740
to Chapter 1702. of the Revised Code, or any charitable 1,741
organization not organized and not operated for profit, that 1,742
provides shelter, health care services, or shelter and health 1,743
care services to indigent and uninsured persons, except that 1,744
"shelter or health care facility" does not include a hospital as 1,745
defined in section 3727.01 of the Revised Code, a facility 1,746
licensed under Chapter 3721. of the Revised Code, or a medical 1,747
facility that is operated for profit.
(9) "Tort action" means a civil action for damages for 1,750
injury, death, or loss to person or property other than a civil 1,751
action for damages for a breach of contract or another agreement 1,752
between persons or government entities.
(10) "Volunteer" means an individual who provides any 1,754
medical, dental, or other health-care related diagnosis, care, or 1,755
treatment without the expectation of receiving and without 1,756
47
receipt of any compensation or other form of remuneration from an 1,757
indigent and uninsured person, another person on behalf of an 1,758
indigent and uninsured person, any shelter or health care 1,759
facility, or any other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this 1,761
section, a health care professional who is a volunteer and 1,762
complies with division (B)(2) of this section is not liable in 1,763
damages to any person or government entity in a tort or other 1,764
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for 1,765
injury, death, or loss to person or property that allegedly 1,766
arises from an action or omission of the volunteer in the 1,767
provision at a nonprofit shelter or health care facility to an 1,768
indigent and uninsured person of medical, dental, or other
health-related diagnosis, care, or treatment, including the 1,770
provision of samples of medicine and other medical products, 1,771
unless the action or omission constitutes willful or wanton
misconduct. 1,772
(2) To qualify for the immunity described in division 1,774
(B)(1) of this section, a health care professional shall do all 1,776
of the following prior to providing diagnosis, care, or
treatment:
(a) Determine, in good faith, that the indigent and 1,778
uninsured person is mentally capable of giving informed consent 1,779
to the provision of the diagnosis, care, or treatment and is not 1,781
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section; 1,783
(c) Obtain the informed consent of the person and a 1,785
written waiver, signed by the person or by another individual on 1,787
behalf of and in the presence of the person, that states that the 1,788
person is mentally competent to give informed consent and,
without being subject to duress or under undue influence, gives 1,789
informed consent to the provision of the diagnosis, care, or 1,790
treatment subject to the provisions of this section. 1,791
48
(3) A physician or podiatrist who is not covered by 1,794
medical malpractice insurance, but complies with division (B)(2) 1,795
of this section, is not required to comply with division (A) of
section 4731.143 of the Revised Code. 1,796
(C) Subject to divisions (E) and (F)(3) of this section, 1,798
health care workers who are volunteers are not liable in damages 1,799
to any person or government entity in a tort or other civil 1,800
action, including an action upon a medical, dental, chiropractic, 1,801
optometric, or other health-related claim, for injury, death, or 1,802
loss to person or property that allegedly arises from an action 1,803
or omission of the health care worker in the provision at a 1,804
nonprofit shelter or health care facility to an indigent and
uninsured person of medical, dental, or other health-related 1,805
diagnosis, care, or treatment, unless the action or omission 1,806
constitutes willful or wanton misconduct. 1,807
(D) Subject to divisions (E) and (F)(3) of this section 1,809
and section 3701.071 of the Revised Code, a nonprofit shelter or 1,810
health care facility associated with a health care professional 1,811
described in division (B)(1) of this section or a health care 1,812
worker described in division (C) of this section is not liable in 1,814
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental, 1,815
chiropractic, optometric, or other health-related claim, for 1,817
injury, death, or loss to person or property that allegedly 1,818
arises from an action or omission of the health care professional 1,819
or worker in providing for the shelter or facility medical,
dental, or other health-related diagnosis, care, or treatment to 1,820
an indigent and uninsured person, unless the action or omission 1,821
constitutes willful or wanton misconduct. 1,822
(E)(1) Except as provided in division (E)(2) of this 1,824
section, the immunities provided by divisions (B), (C), and (D) 1,826
of this section are not available to an individual or to a 1,827
nonprofit shelter or health care facility if, at the time of an 1,828
alleged injury, death, or loss to person or property, the 1,829
49
individuals involved are providing one of the following: 1,830
(a) Any medical, dental, or other health-related 1,832
diagnosis, care, or treatment pursuant to a community service 1,834
work order entered by a court under division (H)(1) or (2) (F) of 1,835
section 2951.02 of the Revised Code as a condition of probation 1,836
or other suspension of a term of imprisonment OR IMPOSED BY A 1,837
COURT AS A COMMUNITY CONTROL SANCTION PURSUANT TO SECTIONS 1,838
2929.15 AND 2929.17 OF THE REVISED CODE.
(b) Performance of an operation. 1,840
(c) Delivery of a baby. 1,842
(2) Division (E)(1) of this section does not apply to an 1,844
individual who provides, or a nonprofit shelter or health care 1,845
facility at which the individual provides, diagnosis, care, or 1,846
treatment that is necessary to preserve the life of a person in a 1,847
medical emergency. 1,848
(F)(1) This section does not create a new cause of action 1,851
or substantive legal right against a health care professional,
health care worker, or nonprofit shelter or health care facility. 1,853
(2) This section does not affect any immunities from civil 1,856
liability or defenses established by another section of the
Revised Code or available at common law to which an individual or 1,858
a nonprofit shelter or health care facility may be entitled in 1,859
connection with the provision of emergency or other diagnosis, 1,860
care, or treatment. 1,861
(3) This section does not grant an immunity from tort or 1,864
other civil liability to an individual or a nonprofit shelter or
health care facility for actions that are outside the scope of 1,865
authority of health care professionals or health care workers. 1,866
(4) This section does not affect any legal responsibility 1,868
of a health care professional or health care worker to comply 1,869
with any applicable law of this state or rule of an agency of 1,870
this state. 1,871
(5) This section does not affect any legal responsibility 1,874
of a nonprofit shelter or health care facility to comply with any 1,875
50
applicable law of this state, rule of an agency of this state, or 1,876
local code, ordinance, or regulation that pertains to or 1,877
regulates building, housing, air pollution, water pollution,
sanitation, health, fire, zoning, or safety. 1,878
Sec. 2921.36. (A) No person shall knowingly convey, or 1,887
attempt to convey, onto the grounds of a detention facility or of 1,888
an institution that is under the control of the department of 1,889
mental health or the department of mental retardation and 1,890
developmental disabilities, any of the following items: 1,891
(1) Any deadly weapon or dangerous ordnance, as defined in 1,893
section 2923.11 of the Revised Code, or any part of or ammunition 1,894
for use in such a deadly weapon or dangerous ordnance; 1,895
(2) Any drug of abuse, as defined in section 3719.011 of 1,897
the Revised Code; 1,898
(3) Any intoxicating liquor, as defined in section 4301.01 1,900
of the Revised Code. 1,901
(B) Division (A) of this section does not apply to any 1,903
person who conveys or attempts to convey an item onto the grounds 1,904
of a detention facility or of an institution under the control of 1,905
the department of mental health or the department of mental 1,906
retardation and developmental disabilities pursuant to the 1,907
written authorization of the person in charge of the detention 1,908
facility or the institution and in accordance with the written 1,909
rules of the detention facility or the institution. 1,910
(C) No person shall knowingly deliver, or attempt to 1,912
deliver, to any person who is confined in a detention facility or 1,913
to any patient in an institution under the control of the 1,914
department of mental health or the department of mental 1,915
retardation and developmental disabilities, any item listed in 1,916
division (A)(1), (2), or (3) of this section. 1,917
(D) No person shall knowingly deliver, or attempt to 1,919
deliver, cash to any person who is confined in a detention 1,920
facility.
(E)(1) It is an affirmative defense to a charge under 1,922
51
division (A)(1) of this section that the weapon or dangerous 1,924
ordnance in question was being transported in a motor vehicle for 1,925
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 1,926
that it was unloaded and was being carried in a closed package, 1,927
box, or case or in a compartment that can be reached only by 1,928
leaving the vehicle.
(2) It is an affirmative defense to a charge under 1,930
division (C) of this section that the actor was not otherwise 1,931
prohibited by law from delivering the item to the confined person 1,932
or the patient and that either of the following applies: 1,933
(a) The actor was permitted by the written rules of the 1,935
detention facility or the institution to deliver the item to the 1,936
confined person or the patient. 1,937
(b) The actor was given written authorization by the 1,939
person in charge of the detention facility or the institution to 1,940
deliver the item to the confined person or the patient. 1,941
(F)(1) Whoever violates division (A)(1) of this section or 1,943
commits a violation of division (C) of this section involving an 1,944
item listed in division (A)(1) of this section is guilty of 1,945
illegal conveyance of weapons onto the grounds of a detention 1,946
facility or a mental health or mental retardation and 1,947
developmental disabilities institution, a felony of the fourth 1,949
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 1,950
impose a mandatory prison term. 1,951
(2) Whoever violates division (A)(2) of this section or 1,953
commits a violation of division (C) of this section involving any 1,954
drug of abuse is guilty of illegal conveyance of drugs of abuse 1,955
onto the grounds of a detention facility or a mental health or 1,956
mental retardation and developmental disabilities institution, a 1,957
felony of the fourth THIRD degree if the offender is an officer 1,958
or employee of the facility or institution or a felony of the 1,959
fifth FOURTH degree if the offender is not such an officer or 1,960
52
employee. If the offender is an officer or employee of the 1,961
department of rehabilitation and correction, the court shall 1,962
impose a mandatory prison term.
(3) Whoever violates division (A)(3) of this section or 1,964
commits a violation of division (C) of this section involving any 1,965
intoxicating liquor is guilty of illegal conveyance of 1,966
intoxicating liquor onto the grounds of a detention facility or a 1,967
mental health or mental retardation and developmental 1,968
disabilities institution, a misdemeanor of the second degree. 1,969
(4) Whoever violates division (D) of this section is 1,971
guilty of illegal conveyance of cash onto the grounds of a 1,972
detention facility, a misdemeanor of the first degree. If the 1,973
offender previously has been convicted of or pleaded guilty to a 1,974
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 1,975
fifth degree. 1,976
Sec. 2929.01. As used in this chapter: 1,986
(A)(1) "Alternative residential facility" means, subject 1,988
to division (A)(2) of this section, any facility other than an 1,989
offender's home or residence in which an offender is assigned to 1,990
live and that satisfies all of the following criteria: 1,991
(a) It provides programs through which the offender may 1,993
seek or maintain employment or may receive education, training, 1,994
treatment, or habilitation. 1,995
(b) It has received the appropriate license or certificate 1,997
for any specialized education, training, treatment, habilitation, 1,998
or other service that it provides from the government agency that 1,999
is responsible for licensing or certifying that type of 2,000
education, training, treatment, habilitation, or service. 2,001
(2) "Alternative residential facility" does not include a 2,004
community-based correctional facility, jail, halfway house, or 2,005
prison.
(B) "Bad time" means the time by which the parole board 2,007
administratively extends an offender's stated prison term or 2,008
53
terms pursuant to section 2967.11 of the Revised Code because the 2,009
parole board finds by clear and convincing evidence that the 2,010
offender, while serving the prison term or terms, committed an 2,011
act that is a criminal offense under the law of this state or the 2,012
United States, whether or not the offender is prosecuted for the 2,014
commission of that act.
(C) "Basic probation supervision" means a requirement that 2,017
the offender maintain contact with a person appointed to 2,019
supervise the offender in accordance with sanctions imposed by 2,020
the court or imposed by the parole board pursuant to section 2,021
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control 2,022
supervision. 2,023
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 2,025
"unit dose" have the same meanings as in section 2925.01 of the 2,026
Revised Code.
(E) "Community-based correctional facility" means a 2,029
community-based correctional facility and program or district 2,030
community-based correctional facility and program developed 2,031
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 2,032
(F) "Community control sanction" means a sanction that is 2,035
not a prison term and that is described in section 2929.15, 2,036
2929.16, 2929.17, or 2929.18 of the Revised Code. 2,037
(G) March 10, 1998 "Controlled substance," "marihuana," 2,039
"schedule I," and "schedule II" have the same meanings as in 2,040
section 3719.01 of the Revised Code. 2,041
(H) "Curfew" means a requirement that an offender during a 2,044
specified period of time be at a designated place. 2,045
(I) "Day reporting" means a sanction pursuant to which an 2,048
offender is required each day to report to and leave a center or 2,049
other approved reporting location at specified times in order to 2,050
participate in work, education or training, treatment, and other 2,051
approved programs at the center or outside the center. 2,052
(J) "Deadly weapon" has the same meaning as in section 2,055
54
2923.11 of the Revised Code. 2,056
(K) "Drug and alcohol use monitoring" means a program 2,059
under which an offender agrees to submit to random chemical 2,060
analysis of the offender's blood, breath, or urine to determine 2,061
whether the offender has ingested any alcohol or other drugs. 2,062
(L) "Drug treatment program" means any program under which 2,065
a person undergoes assessment and treatment designed to reduce or 2,067
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 2,068
which the person may be required to receive assessment and 2,070
treatment on an outpatient basis or may be required to reside at 2,071
a facility other than the person's home or residence while
undergoing assessment and treatment. 2,072
(M) "Economic loss" means any economic detriment suffered 2,075
by a victim as a result of the commission of a felony and 2,076
includes any loss of income due to lost time at work because of 2,078
any injury caused to the victim, and any property loss, medical 2,079
cost, or funeral expense incurred as a result of the commission 2,080
of the felony. 2,081
(N) "Education or training" includes study at, or in 2,084
conjunction with a program offered by, a university, college, or 2,085
technical college or vocational study and also includes the 2,086
completion of primary school, secondary school, and literacy 2,087
curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same 2,090
meaning as in section 2929.23 of the Revised Code. 2,091
(P) "Eligible offender" has the same meaning as in section 2,094
2929.23 of the Revised Code except as otherwise specified in 2,095
section 2929.20 of the Revised Code. 2,096
(Q) "Firearm" has the same meaning as in section 2923.11 2,099
of the Revised Code.
(R) "Halfway house" means a facility licensed by the 2,102
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 2,104
55
Revised Code as a suitable facility for the care and treatment of 2,105
adult offenders.
(S) "House arrest" means a period of confinement of an 2,107
eligible offender that is in the eligible offender's home or in 2,109
other premises specified by the sentencing court or by the parole 2,110
board pursuant to section 2967.28 of the Revised Code, that may 2,111
be electronically monitored house arrest, and during which all of 2,112
the following apply: 2,113
(1) The eligible offender is required to remain in the 2,115
eligible offender's home or other specified premises for the 2,117
specified period of confinement, except for periods of time 2,118
during which the eligible offender is at the eligible offender's 2,119
place of employment or at other premises as authorized by the 2,121
sentencing court or by the parole board.
(2) The eligible offender is required to report 2,124
periodically to a person designated by the court or parole board. 2,125
(3) The eligible offender is subject to any other 2,127
restrictions and requirements that may be imposed by the 2,128
sentencing court or by the parole board. 2,129
(T) "Intensive probation supervision" means a requirement 2,132
that an offender maintain frequent contact with a person 2,133
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender 2,134
while the offender is seeking or maintaining necessary employment 2,135
and participating in training, education, and treatment programs 2,136
as required in the court's or parole board's order. "Intensive 2,137
probation supervision" includes intensive parole supervision and 2,138
intensive post-release control supervision. 2,139
(U) "Jail" means a jail, workhouse, minimum security jail, 2,142
or other residential facility used for the confinement of alleged 2,143
or convicted offenders that is operated by a political 2,144
subdivision or a combination of political subdivisions of this 2,145
state.
(V) "Delinquent child" has the same meaning as in section 2,147
56
2151.02 of the Revised Code. 2,149
(W) "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
(X) "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 thousand five hundred unit doses or two hundred fifty 2,171
grams of heroin; at least five thousand unit doses of L.S.D. or 2,173
five hundred grams of L.S.D. in a liquid concentrate, liquid 2,174
extract, or liquid distillate form; or at least one hundred times 2,175
the amount of any other schedule I or II controlled substance 2,177
other than marihuana that is necessary to commit a felony of the 2,178
third degree pursuant to section 2925.03, 2925.04, 2925.05, or 2,179
2925.11 of the Revised Code that is based on the possession of, 2,180
sale of, or offer to sell the controlled substance. 2,181
(Y) "Mandatory prison term" means any of the following: 2,184
(1) Subject to division (Y)(2) of this section, the term 2,187
in prison that must be imposed for the offenses or circumstances 2,188
set forth in divisions (F)(1) to (8) or (F)(11) of section 2,189
2929.13 and division (D) of section 2929.14 of the Revised Code. 2,191
Except as provided in sections 2925.02, 2925.03, 2925.04, 2,192
2925.05, and 2925.11 of the Revised Code, unless the maximum or 2,193
57
another specific term is required under section 2929.14 of the 2,194
Revised Code, a mandatory prison term described in this division 2,195
may be any prison term authorized for the level of offense. 2,196
(2) The term of sixty days in prison that a sentencing 2,199
court is required to impose for a fourth degree felony OMVI 2,200
offense pursuant to division (G)(2) of section 2929.13 and 2,201
division (A)(4) of section 4511.99 of the Revised Code. 2,202
(3) The term in prison imposed pursuant to section 2971.03 2,204
of the Revised Code for the offenses and in the circumstances 2,205
described in division (F)(10) of section 2929.13 of the Revised 2,206
Code and that term as modified or terminated pursuant to section 2,209
2971.05 of the Revised Code.
(Z) "Monitored time" means a period of time during which 2,212
an offender continues to be under the control of the sentencing 2,213
court or parole board, subject to no conditions other than 2,214
leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is 2,217
convicted of or pleads guilty to a felony or a misdemeanor. 2,218
(BB) "Prison" means a residential facility used for the 2,221
confinement of convicted felony offenders that is under the 2,222
control of the department of rehabilitation and correction but 2,223
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 2,224
(CC) "Prison term" includes any of the following sanctions 2,227
for an offender:
(1) A stated prison term; 2,229
(2) A term in a prison shortened by, or with the approval 2,232
of, the sentencing court pursuant to section 2929.20, 2967.26, 2,233
5120.031, 5120.032, or 5120.073 of the Revised Code; 2,234
(3) A term in prison extended by bad time imposed pursuant 2,237
to section 2967.11 of the Revised Code or imposed for a violation 2,238
of post-release control pursuant to section 2967.28 of the 2,239
Revised Code.
(DD) "Repeat violent offender" means a person about whom 2,242
58
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 2,245
to, and is being sentenced for committing, for complicity in 2,246
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 2,247
other than one set forth in Chapter 2925. of the Revised Code, a 2,249
felony of the first degree set forth in Chapter 2925. of the 2,250
Revised Code that involved an attempt to cause serious physical 2,251
harm to a person or that resulted in serious physical harm to a 2,252
person, or a felony of the second degree that involved an attempt 2,253
to cause serious physical harm to a person or that resulted in 2,255
serious physical harm to a person.
(2) Either of the following applies: 2,257
(a) The person previously was convicted of or pleaded 2,259
guilty to, and served a prison term for, any of the following: 2,260
(i) Aggravated murder, murder, involuntary manslaughter, 2,262
rape, felonious sexual penetration as it existed under section 2,264
2907.12 of the Revised Code prior to September 3, 1996, a felony 2,265
of the first or second degree that resulted in the death of a 2,266
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses; 2,267
(ii) An offense under an existing or former law of this 2,270
state, another state, or the United States that is or was 2,271
substantially equivalent to an offense listed under division 2,272
(DD)(2)(a)(i) of this section and that resulted in the death of a 2,273
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent 2,275
child for committing an act that if committed by an adult would 2,276
have been an offense listed in division (DD)(2)(a)(i) or (ii) of 2,278
this section, the person was committed to the department of youth 2,279
services for that delinquent act, and the juvenile court in which 2,280
the person was adjudicated a delinquent child made a specific 2,281
finding that the adjudication should be considered a conviction 2,283
for purposes of a determination in the future pursuant to this
59
chapter as to whether the person is a repeat violent offender. 2,284
(EE) "Sanction" means any penalty imposed upon an offender 2,287
who is convicted of or pleads guilty to an offense, as punishment 2,288
for the offense. "Sanction" includes any sanction imposed 2,289
pursuant to any provision of sections 2929.14 to 2929.18 of the 2,290
Revised Code.
(FF) "Sentence" means the sanction or combination of 2,293
sanctions imposed by the sentencing court on an offender who is 2,294
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory 2,297
prison term, or combination of all prison terms and mandatory 2,298
prison terms imposed by the sentencing court pursuant to section 2,299
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 2,300
includes any credit received by the offender for time spent in 2,301
jail awaiting trial, sentencing, or transfer to prison for the 2,302
offense and any time spent under house arrest or electronically 2,303
monitored house arrest imposed after earning credits pursuant to 2,304
section 2967.193 of the Revised Code. 2,305
(HH) "Victim-offender mediation" means a reconciliation or 2,308
mediation program that involves an offender and the victim of the 2,309
offense committed by the offender and that includes a meeting in 2,310
which the offender and the victim may discuss the offense, 2,311
discuss restitution, and consider other sanctions for the 2,312
offense.
(II) "Fourth degree felony OMVI offense" means a violation 2,315
of division (A) of section 4511.19 of the Revised Code that, 2,317
under section 4511.99 of the Revised Code, is a felony of the 2,319
fourth degree.
(JJ) "Mandatory term of local incarceration" means the 2,322
term of sixty days in a jail, a community-based correctional 2,323
facility, a halfway house, or an alternative residential facility 2,324
that a sentencing court is required to impose upon a person who 2,325
is convicted of or pleads guilty to a fourth degree felony OMVI 2,326
offense pursuant to division (G)(1) of section 2929.13 of the 2,327
60
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 2,328
(KK) "Designated homicide, assault, or kidnapping 2,330
offense," "sexual motivation specification," "sexually violent 2,331
offense," "sexually violent predator," and "sexually violent 2,332
predator specification" have the same meanings as in section 2,333
2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," 2,336
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 2,337
(NN)(MM) An offense is "committed in the vicinity of a 2,339
child" if the offender commits the offense within thirty feet of 2,340
or within the same residential unit as a child who is under 2,342
eighteen years of age, regardless of whether the offender knows
the age of the child or whether the offender knows the offense is 2,343
being committed within thirty feet of or within the same 2,344
residential unit as the child and regardless of whether the child 2,345
actually views the commission of the offense. 2,346
(OO)(NN) "Family or household member" has the same meaning 2,348
as in section 2919.25 of the Revised Code. 2,349
(MM)(OO) "Motor vehicle" and "manufactured home" have the 2,351
same meanings as in section 4501.01 of the Revised Code. 2,352
(NN)(PP) "Detention" and "detention facility" have the 2,354
same meanings as in section 2921.01 of the Revised Code. 2,355
(QQ) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 2,358
SECTION 5120.63 OF THE REVISED CODE. 2,360
(RR) "FELONY SEX OFFENSE" HAS THE SAME MEANING AS IN 2,362
SECTION 2967.28 OF THE REVISED CODE. 2,364
Sec. 2929.15. (A)(1) If in sentencing an offender for a 2,373
felony the court is not required to impose a prison term, a 2,374
mandatory prison term, or a term of life imprisonment upon the 2,375
offender, the court may directly impose a sentence that consists 2,376
of one or more community control sanctions authorized pursuant to 2,378
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the 2,379
61
court is sentencing an offender for a fourth degree felony OMVI 2,380
offense and if it is required to impose on the offender a 2,381
mandatory term of local incarceration pursuant to division (G)(1) 2,382
of section 2929.13 of the Revised Code, in addition to the
mandatory term of local incarceration and the mandatory fine 2,383
required by division (B)(3) of section 2929.18 of the Revised 2,385
Code, the court may impose upon the offender a community control 2,386
sanction or combination of community control sanctions in
accordance with sections 2929.16 and 2929.17 of the Revised Code. 2,387
The duration of all community control sanctions imposed upon an 2,389
offender shall not exceed five years. If the offender absconds 2,391
or otherwise leaves the jurisdiction of the court in which the 2,392
offender resides without obtaining permission from the court or
the offender's probation officer to leave the jurisdiction of the 2,393
court, or if the offender is confined in any institution for the 2,394
commission of any offense while under a community control 2,395
sanction, the period of the community control sanction ceases to 2,396
run until the offender is brought before the court for its
further action. If the court sentences the offender to one or 2,398
more nonresidential sanctions under section 2929.17 of the 2,399
Revised Code, the court shall impose as a condition of the 2,401
nonresidential sanctions that, during the period of the
sanctions, the offender must abide by the law and must not leave 2,402
the state without the permission of the court or the offender's 2,403
probation officer. The court may impose any other conditions of 2,405
release under a community control sanction that the court
considers appropriate, INCLUDING, BUT NOT LIMITED TO, REQUIRING 2,407
THAT THE OFFENDER NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE 2,408
AND SUBMIT TO RANDOM DRUG TESTING AS PROVIDED IN DIVISION (D) OF 2,409
THIS SECTION TO DETERMINE WHETHER THE OFFENDER INGESTED OR WAS 2,410
INJECTED WITH A DRUG OF ABUSE AND REQUIRING THAT THE RESULTS OF 2,412
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 2,413
offender for a fourth degree felony OMVI offense and if it is 2,414
62
required to impose on the offender a mandatory prison term 2,416
pursuant to division (G)(2) of section 2929.13 of the Revised 2,417
Code, the court shall not impose upon the offender any community 2,418
control sanction or combination of community control sanctions 2,419
under section 2929.16 or 2929.17 of the Revised Code. 2,420
(2)(a) If a court sentences an offender to any community 2,422
control sanction or combination of community control sanctions 2,423
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 2,424
the Revised Code, the court shall place the offender under the 2,425
general control and supervision of a department of probation in 2,426
the county that serves the court for purposes of reporting to the 2,427
court a violation of any condition of the sanctions, ANY 2,429
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED 2,430
BY THE COURT, a violation of law, or the departure of the 2,432
offender from this state without the permission of the court or 2,433
the offender's probation officer. Alternatively, if the offender 2,435
resides in another county and a county department of probation
has been established in that county or that county is served by a 2,437
multicounty probation department established under section 2,438
2301.27 of the Revised Code, the court may request the court of 2,440
common pleas of that county to receive the offender into the
general control and supervision of that county or multicounty 2,442
department of probation for purposes of reporting to the court a 2,443
violation of any condition of the sanctions, ANY CONDITION OF 2,445
RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT, 2,446
a violation of law, or the departure of the offender from this 2,448
state without the permission of the court or the offender's 2,449
probation officer, subject to the jurisdiction of the trial judge 2,451
over and with respect to the person of the offender, and to the 2,452
rules governing that department of probation. 2,453
If there is no department of probation in the county that 2,456
serves the court, the court shall place the offender, regardless 2,457
of the offender's county of residence, under the general control 2,458
and supervision of the adult parole authority for purposes of 2,459
63
reporting to the court a violation of any of the sanctions, ANY 2,460
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED
BY THE COURT, a violation of law, or the departure of the 2,461
offender from this state without the permission of the court or 2,462
the offender's probation officer. 2,463
(b) If the court imposing sentence upon an offender 2,465
sentences the offender to any community control sanction or 2,466
combination of community control sanctions authorized pursuant to 2,468
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 2,469
the offender violates any condition of the sanctions, ANY 2,471
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED 2,472
BY THE COURT, violates any law, or departs the state without the 2,473
permission of the court or the offender's probation officer, the 2,474
public or private person or entity that operates or administers 2,476
the sanction or the program or activity that comprises the 2,477
sanction shall report the violation or departure directly to the 2,478
sentencing court, or shall report the violation or departure to 2,480
the county or multicounty department of probation with general 2,482
control and supervision over the offender under division 2,483
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with 2,484
general control and supervision over the offender under that 2,485
division, to the adult parole authority. If the public or 2,486
private person or entity that operates or administers the 2,487
sanction or the program or activity that comprises the sanction 2,488
reports the violation or departure to the county or multicounty 2,489
department of probation or the adult parole authority, the 2,491
department's or authority's officers may treat the offender as if 2,492
the offender were on probation and in violation of the probation, 2,493
and shall report the violation of the condition of the sanction, 2,494
ANY CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION 2,496
IMPOSED BY THE COURT, the violation of law, or the departure from 2,498
the state without the required permission to the sentencing 2,499
court.
64
(B) If the conditions of a community control sanction are 2,502
violated or if the offender violates a law or leaves the state 2,503
without the permission of the court or the offender's probation 2,504
officer, the sentencing court may impose a longer time under the 2,505
same sanction if the total time under the sanctions does not 2,506
exceed the five-year limit specified in division (A) of this 2,507
section, may impose a more restrictive sanction under section 2,508
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a 2,509
prison term on the offender pursuant to section 2929.14 of the 2,510
Revised Code. The prison term, if any, imposed upon a violator 2,511
pursuant to this division shall be within the range of prison 2,512
terms available for the offense for which the sanction that was 2,513
violated was imposed and shall not exceed the prison term 2,514
specified in the notice provided to the offender at the 2,515
sentencing hearing pursuant to division (B)(3) of section 2929.19 2,516
of the Revised Code. The court may reduce the longer period of 2,517
time that the offender is required to spend under the longer 2,518
sanction, the more restrictive sanction, or a prison term imposed 2,519
pursuant to this division by the time the offender successfully 2,520
spent under the sanction that was initially imposed. 2,521
(C) If an offender, for a significant period of time, 2,524
fulfills the conditions of a sanction imposed pursuant to section 2,525
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 2,526
manner, the court may reduce the period of time under the 2,527
sanction or impose a less restrictive sanction, but the court 2,528
shall not permit the offender to violate any law or permit the 2,529
offender to leave the state without the permission of the court 2,530
or the offender's probation officer.
(D)(1) IF A COURT UNDER DIVISION (A)(1) OF THIS SECTION 2,533
IMPOSES A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION 2,534
THAT REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING, THE 2,535
DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT HAS 2,536
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER UNDER DIVISION 2,538
(A)(2)(a) OF THIS SECTION MAY CAUSE THE OFFENDER TO SUBMIT TO 2,539
65
RANDOM DRUG TESTING PERFORMED BY A LABORATORY OR ENTITY THAT HAS 2,541
ENTERED INTO A CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR 2,542
OFFICERS AUTHORIZED TO ENTER INTO A CONTRACT WITH THAT LABORATORY 2,543
OR ENTITY UNDER SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED 2,545
CODE. 2,546
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 2,549
(D)(1) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 2,550
IN THAT DIVISION, THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE 2,551
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 2,552
OFFENDER UNDER DIVISION (A)(2)(a) OF THIS SECTION SHALL CAUSE THE 2,554
OFFENDER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A 2,555
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE INDIVIDUAL 2,556
WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS INJECTED WITH 2,557
A DRUG OF ABUSE. 2,558
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 2,560
CONTRACT PURSUANT TO SECTION 341.26, 753.33, OR 5120.63 OF THE 2,562
REVISED CODE SHALL PERFORM THE RANDOM DRUG TESTS UNDER DIVISION 2,563
(D)(1) OF THIS SECTION IN ACCORDANCE WITH THE APPLICABLE 2,564
STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A 2,565
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER 2,566
DIVISION (D)(2) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS 2,567
SET FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE 2,568
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO SECTION 2,569
5120.63 OF THE REVISED CODE. AN OFFENDER WHO IS REQUIRED UNDER 2,570
DIVISION (A)(1) OF THIS SECTION TO SUBMIT TO RANDOM DRUG TESTING 2,572
AS A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION AND 2,573
WHOSE TEST RESULTS INDICATE THAT THE OFFENDER INGESTED OR WAS 2,574
INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE FOR THE DRUG TEST 2,575
IF THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT
HAS GENERAL CONTROL AND SUPERVISION OF THE OFFENDER REQUIRES 2,576
PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT PERFORMS THE 2,577
RANDOM DRUG TESTING ON AN OFFENDER UNDER DIVISION (D)(1) OR (2) 2,578
OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE DRUG TEST TO 2,580
THE APPROPRIATE DEPARTMENT OF PROBATION OR THE ADULT PAROLE
66
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 2,581
OFFENDER UNDER DIVISION (A)(2)(a) OF THIS SECTION. 2,583
Sec. 2929.17. The court imposing a sentence for a felony 2,593
upon an offender who is not required to serve a mandatory prison 2,594
term may impose any nonresidential sanction or combination of 2,595
nonresidential sanctions authorized under this section. If the 2,596
court imposes one or more nonresidential sanctions authorized
under this section, the court shall impose as a condition of the 2,598
sanction that, during the period of the nonresidential sanction, 2,599
the offender shall abide by the law and shall not leave the state
without the permission of the court or the offender's probation 2,600
officer.
The court imposing a sentence for a fourth degree felony 2,602
OMVI offense upon an offender who is required to serve a 2,604
mandatory term of local incarceration under division (G)(1) of 2,605
section 2929.13 of the Revised Code may impose upon the offender,
in addition to the mandatory term of local incarceration, a 2,606
nonresidential sanction or combination of nonresidential 2,607
sanctions under this section, and the offender shall serve or 2,608
satisfy the sanction or combination of sanctions after the 2,609
offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but 2,610
are not limited to, the following: 2,611
(A) A term of day reporting; 2,613
(B) A term of electronically monitored house arrest, a 2,615
term of electronic monitoring without house arrest, or a term of 2,616
house arrest without electronic monitoring; 2,617
(C) A term of community service of up to five hundred 2,619
hours pursuant to division (F) of section 2951.02 of the Revised 2,621
Code or, if the court determines that the offender is financially 2,622
incapable of fulfilling a financial sanction described in section 2,623
2929.18 of the Revised Code, a term of community service as an 2,624
alternative to a financial sanction; 2,625
(D) A term in a drug treatment program with a level of 2,627
67
security for the offender as determined necessary by the court; 2,628
(E) A term of intensive probation supervision; 2,630
(F) A term of basic probation supervision; 2,632
(G) A term of monitored time; 2,634
(H) A term of drug and alcohol use monitoring, INCLUDING 2,636
RANDOM DRUG TESTING PURSUANT TO SECTION 2951.05 OF THE REVISED 2,637
CODE;
(I) A curfew term; 2,639
(J) A requirement that the offender obtain employment; 2,641
(K) A requirement that the offender obtain education or 2,644
training;
(L) Provided the court obtains the prior approval of the 2,646
victim, a requirement that the offender participate in 2,647
victim-offender mediation; 2,648
(M) A license violation report; 2,650
(N) If the offense is a violation of section 2919.25 or a 2,652
violation of section 2903.11, 2903.12, or 2903.13 of the Revised 2,653
Code involving a person who was a family or household member at 2,654
the time of the violation, if the offender committed the offense 2,655
in the vicinity of one or more children who are not victims of 2,656
the offense, and if the offender or the victim of the offense is 2,657
a parent, guardian, custodian, or person in loco parentis of one 2,658
or more of those children, a requirement that the offender obtain 2,660
counseling. This division does not limit the court in requiring 2,661
the offender to obtain counseling for any offense or in any
circumstance not specified in this division. 2,662
Sec. 2929.19. (A)(1) The court shall hold a sentencing 2,671
hearing before imposing a sentence under this chapter upon an 2,673
offender who was convicted of or pleaded guilty to a felony and 2,674
before resentencing an offender who was convicted of or pleaded 2,675
guilty to a felony and whose case was remanded pursuant to 2,676
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 2,677
the offender, the prosecuting attorney, the victim or the 2,678
victim's representative in accordance with section 2930.14 of the 2,679
68
Revised Code, and, with the approval of the court, any other 2,680
person may present information relevant to the imposition of 2,681
sentence in the case. The court shall inform the offender of the 2,682
verdict of the jury or finding of the court and ask the offender 2,683
whether the offender has anything to say as to why sentence 2,684
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 2,686
imposing sentence on an offender who is being sentenced for a 2,688
sexually oriented offense that was committed on or after January 2,689
1, 1997, and that is not a sexually violent offense, and before 2,691
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1, 1997, 2,693
and who was not charged with a sexually violent predator 2,695
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court 2,696
shall conduct a hearing in accordance with division (B) of 2,698
section 2950.09 of the Revised Code to determine whether the 2,699
offender is a sexual predator. The court shall not conduct a 2,700
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 2,701
specification was included in the indictment, count in the 2,703
indictment, or information charging the sexually violent offense. 2,704
Before imposing sentence on an offender who is being sentenced 2,705
for a sexually oriented offense, the court also shall comply with 2,706
division (E) of section 2950.09 of the Revised Code. 2,707
(B)(1) At the sentencing hearing, the court, before 2,710
imposing sentence, shall consider the record, any information 2,711
presented at the hearing by any person pursuant to division (A) 2,712
of this section, and, if one was prepared, the presentence 2,713
investigation report made pursuant to section 2951.03 of the 2,714
Revised Code or Criminal Rule 32.2, and any victim impact 2,715
statement made pursuant to section 2947.051 of the Revised Code. 2,717
(2) The court shall impose a sentence and shall make a 2,719
finding that gives its reasons for selecting the sentence imposed 2,721
69
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 2,723
which the court is required to impose sentence pursuant to 2,724
division (G) of section 2929.14 of the Revised Code, if it 2,725
imposes a prison term for a felony of the fourth or fifth degree 2,726
or for a felony drug offense that is a violation of a provision 2,727
of Chapter 2925. of the Revised Code and that is specified as 2,728
being subject to division (B) of section 2929.13 of the Revised 2,730
Code for purposes of sentencing and, if the term is not a 2,731
mandatory prison term imposed pursuant to division (G)(2) of 2,732
section 2929.13 of the Revised Code for a felony OMVI offense, 2,733
its reasons for imposing the prison term, based upon the 2,734
overriding purposes and principles of felony sentencing set forth 2,735
in section 2929.11 of the Revised Code, and any factors listed in 2,736
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code 2,738
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of 2,741
the first or second degree or for a felony drug offense that is a 2,742
violation of a provision of Chapter 2925. of the Revised Code and 2,744
for which a presumption in favor of a prison term is specified as 2,745
being applicable, its reasons for not imposing the prison term 2,746
and for overriding the presumption, based upon the overriding 2,747
purposes and principles of felony sentencing set forth in section 2,748
2929.11 of the Revised Code, and the basis of the findings it 2,749
made under divisions (D)(1) and (2) of section 2929.13 of the 2,751
Revised Code.
(c) If it imposes consecutive sentences under section 2,754
2929.14 of the Revised Code, its reasons for imposing the 2,755
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 2,757
prison term for the offense that is the maximum prison term 2,758
allowed for that offense by division (A) of section 2929.14 of 2,759
the Revised Code, its reasons for imposing the maximum prison 2,760
term;
70
(e) If the sentence is for two or more offenses arising 2,762
out of a single incident and it imposes a prison term for those 2,763
offenses that is the maximum prison term allowed for the offense 2,764
of the highest degree by division (A) of section 2929.14 of the 2,765
Revised Code, its reasons for imposing the maximum prison term. 2,766
(3) Subject to division (B)(4) of this section, if the 2,769
sentencing court determines at the sentencing hearing that a 2,770
prison term is necessary or required, the court shall do all of 2,771
the following:
(a) Impose a stated prison term; 2,773
(b) Notify the offender that, as part of the sentence, the 2,776
parole board may extend the stated prison term for certain 2,777
violations of prison rules for up to one-half of the stated 2,779
prison term;
(c) Notify the offender that the offender will be 2,781
supervised under section 2967.28 of the Revised Code after the 2,782
offender leaves prison if the offender is being sentenced for a 2,785
felony of the first degree or second degree, for a felony sex 2,788
offense as defined in section 2967.28 of the Revised Code, or for
a felony of the third degree in the commission of which the 2,792
offender caused or threatened to cause physical harm to a person; 2,793
(d) Notify the offender that the offender may be 2,795
supervised under section 2967.28 of the Revised Code after the 2,796
offender leaves prison if the offender is being sentenced for a 2,798
felony of the third, fourth, or fifth degree that is not subject 2,799
to division (B)(3)(c) of this section; 2,800
(e) Notify the offender that, if a period of supervision 2,803
is imposed following the offender's release from prison, as 2,805
described in division (B)(3)(c) or (d) of this section, and if 2,807
the offender violates that supervision OR A CONDITION OF 2,808
POST-RELEASE CONTROL IMPOSED UNDER DIVISION (B) OF SECTION 2,809
2967.131 OF THE REVISED CODE, the parole board may impose a 2,810
prison term, as part of the sentence, of up to one-half of the 2,811
stated prison term originally imposed upon the offender; 2,813
71
(f) REQUIRE THAT THE OFFENDER NOT INGEST OR BE INJECTED 2,816
WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG TESTING AS 2,817
PROVIDED IN SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED 2,819
CODE, WHICHEVER IS APPLICABLE TO THE OFFENDER WHO IS SERVING A 2,820
PRISON TERM, AND REQUIRE THAT THE RESULTS OF THE DRUG TEST 2,821
ADMINISTERED UNDER ANY OF THOSE SECTIONS INDICATE THAT THE 2,822
OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE. 2,823
(4) If the offender is being sentenced for a sexually 2,825
violent offense that the offender committed on or after January 2,826
1, 1997, and the offender also is convicted of or pleads guilty 2,828
to a sexually violent predator specification that was included in 2,829
the indictment, count in the indictment, or information charging 2,830
the sexually violent offense or if the offender is being 2,831
sentenced for a sexually oriented offense that the offender
committed on or after January 1, 1997, and the court imposing the 2,834
sentence has determined pursuant to division (B) of section 2,835
2950.09 of the Revised Code that the offender is a sexual 2,836
predator, the court shall include in the offender's sentence a 2,837
statement that the offender has been adjudicated as being a 2,838
sexual predator and shall comply with the requirements of section 2,839
2950.03 of the Revised Code. Additionally, in the circumstances 2,840
described in division (G) of section 2929.14 of the Revised Code, 2,841
the court shall impose sentence on the offender as described in 2,842
that division.
(5) If the sentencing court determines at the sentencing 2,845
hearing that a community control sanction should be imposed and 2,846
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 2,847
The court shall notify the offender that, if the conditions of 2,848
the sanction are violated, if the offender commits a violation of 2,850
any law, or if the offender leaves this state without the 2,851
permission of the court or the offender's probation officer, the 2,852
court may impose a longer time under the same sanction, may 2,855
impose a more restrictive sanction, or may impose a prison term 2,856
72
on the offender and shall indicate the specific prison term that 2,857
may be imposed as a sanction for the violation, as selected by 2,858
the court from the range of prison terms for the offense pursuant 2,859
to section 2929.14 of the Revised Code. 2,860
(6) Before imposing a financial sanction under section 2,862
2929.18 of the Revised Code or a fine under section 2929.25 of 2,863
the Revised Code, the court shall consider the offender's present 2,864
and future ability to pay the amount of the sanction or fine. 2,865
(C)(1) If the offender is being sentenced for a fourth 2,867
degree felony OMVI offense and if the court is required by 2,868
division (G)(1) of section 2929.13 of the Revised Code to impose 2,869
as a sanction a mandatory term of local incarceration, the court 2,870
shall impose the mandatory term of local incarceration in 2,871
accordance with that division, shall impose a mandatory fine in 2,872
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 2,873
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 2,874
the Revised Code. The court shall not impose a prison term on 2,875
the offender.
(2) If the offender is being sentenced for a fourth degree 2,877
felony OMVI offense and if the court is required by division 2,878
(G)(2) of section 2929.13 of the Revised Code to impose as a 2,879
sanction a mandatory prison term, the court shall impose the 2,880
mandatory prison term in accordance with that division, shall 2,881
impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose 2,882
an additional prison term as specified in section 2929.14 of the 2,883
Revised Code. The court shall not impose any community control 2,884
sanction on the offender.
(D) If the sentencing court determines at the sentencing 2,886
hearing that an offender is eligible for placement in a program 2,887
of shock incarceration under section 5120.031 of the Revised Code 2,888
or in an intensive program prison under section 5120.032 of the 2,889
Revised Code, the court, pursuant to division (K) of section 2,890
73
2929.14 of the Revised Code, may recommend placement of the
offender in a program of shock incarceration or an intensive 2,891
program prison, disapprove placement of the offender in a program 2,892
or prison of that nature, or make no recommendation. The court 2,893
shall make a finding that gives its reasons for its
recommendation or disapproval. 2,894
Sec. 2951.02. (A)(1) In determining whether to suspend a 2,909
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 2,911
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 2,912
2929.51 of the Revised Code, the court shall consider the risk 2,913
that the offender will commit another offense and the need for 2,914
protecting the public from the risk, the nature and circumstances 2,915
of the offense, and the history, character, and condition of the 2,916
offender. 2,917
(2) An offender who has been convicted of or pleaded 2,919
guilty to a misdemeanor shall not be placed on probation and 2,920
shall not otherwise have the sentence of imprisonment imposed 2,921
upon the offender suspended pursuant to division (A) of section 2,923
2929.51 of the Revised Code if either of the following applies: 2,925
(a) The offender is a repeat or dangerous offender, as 2,928
defined in section 2935.36 of the Revised Code. 2,929
(b) The misdemeanor offense involved was not a violation 2,932
of section 2923.12 of the Revised Code and was committed while 2,933
the offender was armed with a firearm or dangerous ordnance, as 2,934
defined in section 2923.11 of the Revised Code. 2,937
(B) The following do not control the court's discretion 2,939
but the court shall consider them in favor of placing an offender 2,940
who has been convicted of or pleaded guilty to a misdemeanor on 2,941
probation or in favor of otherwise suspending the offender's 2,942
sentence of imprisonment pursuant to division (A) of section 2,943
2929.51 of the Revised Code: 2,944
(1) The offense neither caused nor threatened serious harm 2,946
74
to persons or property, or the offender did not contemplate that 2,947
it would do so. 2,948
(2) The offense was the result of circumstances unlikely 2,950
to recur. 2,951
(3) The victim of the offense induced or facilitated it. 2,953
(4) There are substantial grounds tending to excuse or 2,955
justify the offense, though failing to establish a defense. 2,956
(5) The offender acted under strong provocation. 2,958
(6) The offender has no history of prior delinquency or 2,960
criminal activity, or has led a law-abiding life for a 2,961
substantial period before commission of the present offense. 2,962
(7) The offender is likely to respond affirmatively to 2,964
probationary or other court-imposed treatment. 2,965
(8) The character and attitudes of the offender indicate 2,967
that the offender is unlikely to commit another offense. 2,968
(9) The offender has made or will make restitution or 2,970
reparation to the victim of the offender's offense for the 2,971
injury, damage, or loss sustained. 2,972
(10) Imprisonment of the offender will entail undue 2,974
hardship to the offender or the offender's dependents. 2,975
(C)(1) When an offender who has been convicted of or 2,977
pleaded guilty to a misdemeanor is placed on probation or the 2,979
sentence of that type of offender otherwise is suspended pursuant 2,980
to division (A) of section 2929.51 of the Revised Code, the 2,982
probation or other suspension shall be at least on condition 2,983
that, during the period of probation or other suspension, the 2,984
offender shall abide by the law and shall not leave the state 2,986
without the permission of the court or the offender's probation 2,989
officer. In the interests of doing justice, rehabilitating the 2,990
offender, and ensuring the offender's good behavior, the court 2,991
may impose additional requirements on the offender. Compliance 2,992
with the additional requirements imposed under this division also
shall be a condition of the offender's probation or other 2,993
suspension. The additional requirements so imposed may include, 2,994
75
but shall not be limited to, any of the following: 2,995
(i)(a) A requirement that the offender make restitution 2,998
pursuant to section 2929.21 of the Revised Code for all or part
of the property damage that is caused by the offender's offense 3,000
and for all or part of the value of the property that is the 3,001
subject of any theft offense, as defined in division (K) of 3,002
section 2913.01 of the Revised Code, that the offender committed;
(ii)(b) If the offense is a violation of section 2919.25 3,004
or a violation of section 2903.13 of the Revised Code involving a 3,006
person who was a family or household member at the time of the 3,007
violation, if the offender committed the offense in the vicinity 3,008
of one or more children who are not victims of the offense, and 3,009
if the offender or the victim of the offense is a parent,
guardian, custodian, or person in loco parentis of one or more of 3,010
those children, a requirement that the offender obtain 3,011
counseling. This division does not limit the court in imposing a 3,012
requirement that the offender obtain counseling for any offense 3,013
or in any circumstance not specified in this division. 3,014
(c) A REQUIREMENT THAT THE OFFENDER NOT INGEST OR BE 3,016
INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG TESTING 3,018
AND REQUIRING THAT THE RESULTS OF THE DRUG TEST INDICATE THAT THE 3,019
OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE. 3,020
IF THE COURT REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG 3,021
TESTING UNDER DIVISION (C)(1)(c) OF THIS SECTION, THE COUNTY 3,023
DEPARTMENT OF PROBATION, THE MULTICOUNTY DEPARTMENT OF PROBATION, 3,024
OR THE ADULT PAROLE AUTHORITY, AS APPROPRIATE, THAT HAS GENERAL 3,025
CONTROL AND SUPERVISION OF OFFENDERS WHO ARE ON PROBATION OR 3,026
OTHER SUSPENSION OR ARE UNDER A NONRESIDENTIAL SANCTION, SHALL 3,027
CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING PURSUANT TO 3,028
SECTION 2951.05 OF THE REVISED CODE. 3,029
(2) During the period of a misdemeanor offender's 3,031
probation or other suspension or during the period of a felon's 3,032
nonresidential sanction, authorized probation officers who are 3,034
engaged within the scope of their supervisory duties or 3,035
76
responsibilities may search, with or without a warrant, the 3,036
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 3,037
personal property, or other real property in which the offender 3,038
has a right, title, or interest or for which the offender has the 3,039
express or implied permission of a person with a right, title, or 3,041
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 3,042
abiding by the law or otherwise is not complying with the 3,043
conditions of the offender's probation or other suspension or the 3,045
conditions of the offender's nonresidential sanction. If a felon 3,046
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 3,047
described in division (A)(2)(a) of section 2929.15 of the Revised 3,048
Code, adult parole authority field officers with supervisory 3,049
responsibilities over the felon shall have the same search 3,050
authority relative to the felon during the period of the sanction 3,051
as is described under this division for probation officers. The 3,052
court that places the offender on probation or suspends the 3,054
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 3,056
that sentences the felon to a nonresidential sanction pursuant to 3,057
section 2929.17 of the Revised Code shall provide the offender 3,058
with a written notice that informs the offender that authorized 3,059
probation officers or adult parole authority field officers with 3,060
supervisory responsibilities over the offender who are engaged 3,061
within the scope of their supervisory duties or responsibilities 3,062
may conduct those types of searches during the period of 3,064
probation or other suspension or during the period of the 3,065
nonresidential sanction if they have reasonable grounds to 3,066
believe that the offender is not abiding by the law or otherwise 3,067
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 3,068
nonresidential sanction. 3,069
77
(D) The following do not control the court's discretion 3,071
but the court shall consider them against placing an offender who 3,072
has been convicted of or pleaded guilty to a misdemeanor on 3,073
probation and against otherwise suspending the offender's 3,074
sentence of imprisonment pursuant to division (A) of section 3,075
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 3,077
pardon, post-release control pursuant to section 2967.28 of the 3,079
Revised Code, or a probation or suspension pursuant to division 3,081
(A) of section 2929.51 of the Revised Code, previously granted 3,082
the offender.
(2) There is a substantial risk that, while at liberty 3,084
during the period of probation or other suspension, the offender 3,085
will commit another offense. 3,086
(3) The offender is in need of correctional or 3,088
rehabilitative treatment that can be provided best by the 3,089
offender's commitment to a locally governed and operated 3,090
residential facility.
(4) Regardless of whether the offender knew the age of the 3,092
victim, the victim of the offense was sixty-five years of age or 3,093
older or permanently and totally disabled at the time of the 3,094
commission of the offense. 3,095
(E) The criteria listed in divisions (B) and (D) of this 3,097
section shall not be construed to limit the matters that may be 3,098
considered in determining whether to suspend sentence of 3,099
imprisonment and place an offender who has been convicted of or 3,100
pleaded guilty to a misdemeanor on probation or whether to 3,101
otherwise suspend the offender's sentence of imprisonment 3,102
pursuant to division (A) of section 2929.51 of the Revised Code. 3,104
(F)(1) When an offender is convicted of or pleads guilty 3,108
to a misdemeanor, the court may require the offender, as a 3,109
condition of probation or as a condition of otherwise suspending 3,110
the offender's sentence pursuant to division (A) of section 3,111
2929.51 of the Revised Code, in addition to the conditions of 3,112
78
probation or other suspension imposed pursuant to division (C) of 3,113
this section, to perform supervised community service work under 3,114
the authority of health districts, park districts, counties, 3,115
municipal corporations, townships, other political subdivisions 3,116
of the state, or agencies of the state or any of its political 3,117
subdivisions, or under the authority of charitable organizations 3,118
that render services to the community or its citizens, in 3,119
accordance with this division. Supervised community service work 3,120
shall not be required as a condition of probation or other 3,121
suspension under this division unless the offender agrees to 3,122
perform the work offered as a condition of probation or other 3,123
suspension by the court. The court may require an offender who 3,124
agrees to perform the work to pay to it a reasonable fee to cover 3,125
the costs of the offender's participation in the work, including, 3,126
but not limited to, the costs of procuring a policy or policies 3,127
of liability insurance to cover the period during which the 3,128
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 3,130
to satisfy the payment of a fine imposed for the offense by 3,131
performing supervised community service work as described in this 3,132
division if the offender requests an opportunity to satisfy the 3,133
payment by this means and if the court determines the offender is 3,134
financially unable to pay the fine. 3,135
The supervised community service work that may be imposed 3,137
under this division shall be subject to the following 3,138
limitations: 3,139
(a) The court shall fix the period of the work and, if 3,141
necessary, shall distribute it over weekends or over other 3,142
appropriate times that will allow the offender to continue at the 3,143
offender's occupation or to care for the offender's family. The 3,144
period of the work as fixed by the court shall not exceed an 3,145
aggregate of two hundred hours. 3,146
(b) An agency, political subdivision, or charitable 3,148
organization must agree to accept the offender for the work 3,149
79
before the court requires the offender to perform the work for 3,150
the entity. A court shall not require an offender to perform 3,151
supervised community service work for an agency, political 3,152
subdivision, or charitable organization at a location that is an 3,153
unreasonable distance from the offender's residence or domicile, 3,154
unless the offender is provided with transportation to the 3,155
location where the work is to be performed. 3,156
(c) A court may enter into an agreement with a county 3,158
department of job and family services for the management, 3,159
placement, and supervision of offenders eligible for community 3,160
service work in work activities, developmental activities, and 3,162
alternative work activities under sections 5107.40 to 5107.69 of 3,164
the Revised Code. If a court and a county department of job and 3,166
family services have entered into an agreement of that nature, 3,167
the clerk of that court is authorized to pay directly to the 3,168
county department all or a portion of the fees collected by the 3,169
court pursuant to this division in accordance with the terms of 3,170
its agreement.
(d) Community service work that a court requires under 3,172
this division shall be supervised by an official of the agency, 3,173
political subdivision, or charitable organization for which the 3,174
work is performed or by a person designated by the agency, 3,175
political subdivision, or charitable organization. The official 3,176
or designated person shall be qualified for the supervision by 3,177
education, training, or experience, and periodically shall 3,178
report, in writing, to the court and to the offender's probation 3,179
officer concerning the conduct of the offender in performing the 3,180
work. 3,181
(2) When an offender is convicted of a felony, the court 3,183
may impose pursuant to sections 2929.15 and 2929.17 of the 3,184
Revised Code a sanction that requires the offender to perform 3,185
supervised community service work in accordance with this 3,186
division and under the authority of any agency, political 3,187
subdivision, or charitable organization as described in division 3,188
80
(F)(1) of this section. The court may require an offender who is 3,189
ordered to perform the work to pay to it a reasonable fee to 3,190
cover the costs of the offender's participation in the work, 3,191
including, but not limited to, the costs of procuring a policy or 3,192
policies of liability insurance to cover the period during which 3,193
the offender will perform the work. 3,194
A court may permit an offender convicted of a felony to 3,196
satisfy the payment of a fine imposed for the offense pursuant to 3,197
section 2929.18 of the Revised Code by performing supervised 3,198
community service work as described in this division if the court 3,200
determines that the offender is financially unable to pay the 3,201
fine.
The supervised community service work that may be imposed 3,203
under this division shall be subject to the limitations specified 3,204
in divisions (F)(1)(a) to (d) of this section, except that the 3,205
court is not required to obtain the agreement of the offender to 3,206
impose supervised community work as a sanction. Additionally, 3,207
the total of any period of supervised community service work 3,208
imposed on an offender under this division plus the period of all 3,209
other sanctions imposed pursuant to sections 2929.15, 2929.16, 3,210
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 3,212
section 4511.19 of the Revised Code, a municipal ordinance 3,213
relating to operating a vehicle while under the influence of 3,214
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,215
municipal ordinance relating to operating a vehicle with a 3,216
prohibited concentration of alcohol in the blood, breath, or 3,217
urine, the court may require, as a condition of probation in 3,219
addition to the required conditions of probation and the 3,220
discretionary conditions of probation that may be imposed 3,221
pursuant to division (C) of this section, any suspension or 3,222
revocation of a driver's or commercial driver's license or permit 3,223
or nonresident operating privilege, and all other penalties 3,224
81
provided by law or by ordinance, that the offender operate only a 3,225
motor vehicle equipped with an ignition interlock device that is 3,226
certified pursuant to section 4511.83 of the Revised Code. 3,227
(2) When a court requires an offender, as a condition of 3,229
probation pursuant to division (G)(1) of this section, to operate 3,230
only a motor vehicle equipped with an ignition interlock device 3,231
that is certified pursuant to section 4511.83 of the Revised 3,232
Code, the offender immediately shall surrender the offender's 3,233
driver's or commercial driver's license or permit to the court. 3,234
Upon the receipt of the offender's license or permit, the court 3,235
shall issue an order authorizing the offender to operate a motor 3,236
vehicle equipped with a certified ignition interlock device, 3,237
deliver the offender's license or permit to the bureau of motor 3,238
vehicles, and include in the abstract of the case forwarded to 3,239
the bureau pursuant to section 4507.021 of the Revised Code the 3,240
conditions of probation imposed pursuant to division (G)(1) of 3,241
this section. The court shall give the offender a copy of its 3,242
order, and that copy shall be used by the offender in lieu of a 3,243
driver's or commercial driver's license or permit until the 3,244
bureau issues a restricted license to the offender. 3,245
(3) Upon receipt of an offender's driver's or commercial 3,247
driver's license or permit pursuant to division (G)(2) of this 3,248
section, the bureau of motor vehicles shall issue a restricted 3,249
license to the offender. The restricted license shall be 3,250
identical to the surrendered license, except that it shall have 3,251
printed on its face a statement that the offender is prohibited 3,252
from operating a motor vehicle that is not equipped with an 3,253
ignition interlock device that is certified pursuant to section 3,254
4511.83 of the Revised Code. The bureau shall deliver the 3,255
offender's surrendered license or permit to the court upon 3,256
receipt of a court order requiring it to do so, or reissue the 3,257
offender's license or permit under section 4507.54 of the Revised 3,258
Code if the registrar destroyed the offender's license or permit 3,259
under that section. The offender shall surrender the restricted 3,260
82
license to the court upon receipt of the offender's surrendered 3,261
license or permit. 3,262
(4) If an offender violates a requirement of the court 3,264
imposed under division (G)(1) of this section, the offender's 3,265
driver's or commercial driver's license or permit or nonresident 3,266
operating privilege may be suspended as provided in section 3,267
4507.16 of the Revised Code. 3,268
(5)(H) As used in this division, "ignition SECTION: 3,271
(1) "REPEAT OFFENDER" AND "DANGEROUS OFFENDER" HAVE THE 3,273
SAME MEANINGS AS IN SECTION 2935.36 OF THE REVISED CODE. 3,276
(2) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 3,278
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 3,281
(3) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 3,283
2913.01 OF THE REVISED CODE. 3,285
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,287
SECTION 5120.63 OF THE REVISED CODE. 3,289
(5) "IGNITION interlock device" has the same meaning as in 3,293
section 4511.83 of the Revised Code.
Sec. 2951.03. (A)(1) No person who has been convicted of 3,302
or pleaded guilty to a felony shall be placed under a community 3,305
control sanction until a written presentence investigation report
has been considered by the court. If a court orders the 3,306
preparation of a presentence investigation report pursuant to 3,307
this section, section 2947.06 of the Revised Code, or Criminal 3,309
Rule 32.2, the officer making the report shall inquire into the 3,310
circumstances of the offense and the criminal record, social 3,311
history, and present condition of the defendant and any other 3,312
matters specified in Criminal Rule 32.2. Whenever the officer 3,313
considers it advisable, the officer's investigation may include a 3,314
physical and mental examination of the defendant. A PHYSICAL 3,315
EXAMINATION OF THE DEFENDANT MAY INCLUDE A DRUG TEST CONSISTING 3,316
OF A CHEMICAL ANALYSIS OF A BLOOD OR URINE SPECIMEN OF THE 3,317
DEFENDANT TO DETERMINE WHETHER THE DEFENDANT INGESTED OR WAS 3,318
INJECTED WITH A DRUG OF ABUSE. If, pursuant to section 2930.13 3,319
83
of the Revised Code, the victim of the offense of which the 3,322
defendant has been convicted wishes to make a statement regarding 3,323
the impact of the offense for the officer's use in preparing the 3,324
presentence investigation report, the officer shall comply within 3,325
WITH the requirements of that section.
(2) If a defendant is committed to any institution, the 3,328
presentence investigation report shall be sent to the institution 3,329
with the entry of commitment. If a defendant is committed to any 3,330
institution and a presentence investigation report is not 3,331
prepared regarding that defendant pursuant to this section, 3,332
section 2947.06 of the Revised Code, or Criminal Rule 32.2, the 3,333
director of the department of rehabilitation and correction or 3,334
the director's designee may order that an offender background 3,335
investigation and report be conducted and prepared regarding the
defendant pursuant to section 5120.16 of the Revised Code. 3,336
(B)(1) If a presentence investigation report is prepared 3,338
pursuant to this section, section 2947.06 of the Revised Code, or 3,340
Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's 3,341
counsel to read the report, except that the court shall not 3,342
permit the defendant or the defendant's counsel to read any of 3,343
the following: 3,344
(a) Any recommendation as to sentence; 3,346
(b) Any diagnostic opinions that, if disclosed, the court 3,348
believes might seriously disrupt a program of rehabilitation for 3,349
the defendant; 3,350
(c) Any sources of information obtained upon a promise of 3,352
confidentiality; 3,353
(d) Any other information that, if disclosed, the court 3,355
believes might result in physical harm or some other type of harm 3,356
to the defendant or to any other person. 3,357
(2) Prior to sentencing, the court shall permit the 3,359
defendant and the defendant's counsel to comment on the 3,360
presentence investigation report and, in its discretion, may 3,361
84
permit the defendant and the defendant's counsel to introduce 3,362
testimony or other information that relates to any alleged 3,363
factual inaccuracy contained in the report. 3,364
(3) If the court believes that any information in the 3,366
presentence investigation report should not be disclosed pursuant 3,367
to division (B)(1) of this section, the court, in lieu of making 3,368
the report or any part of the report available, shall state 3,369
orally or in writing a summary of the factual information 3,370
contained in the report that will be relied upon in determining 3,371
the defendant's sentence. The court shall permit the defendant 3,372
and the defendant's counsel to comment upon the oral or written 3,373
summary of the report. 3,374
(4) Any material that is disclosed to the defendant or the 3,376
defendant's counsel pursuant to this section shall be disclosed 3,377
to the prosecutor who is handling the prosecution of the case 3,378
against the defendant. 3,379
(5) If the comments of the defendant or the defendant's 3,381
counsel, the testimony they introduce, or any of the other 3,382
information they introduce alleges any factual inaccuracy in the 3,383
presentence investigation report or the summary of the report, 3,384
the court shall do either of the following with respect to each 3,385
alleged factual inaccuracy: 3,386
(a) Make a finding as to the allegation; 3,388
(b) Make a determination that no finding is necessary with 3,390
respect to the allegation, because the factual matter will not be 3,391
taken into account in the sentencing of the defendant. 3,392
(C) A court's decision as to the content of a summary 3,395
under division (B)(3) of this section or as to the withholding of 3,396
information under division (B)(1)(a), (b), (c), or (d) of this 3,397
section shall be considered to be within the discretion of the 3,398
court. No appeal can be taken from either of those decisions, 3,400
and neither of those decisions shall be the basis for a reversal 3,402
of the sentence imposed. 3,403
(D)(1) The contents of a presentence investigation report 3,405
85
prepared pursuant to this section, section 2947.06 of the Revised 3,406
Code, or Criminal Rule 32.2 and the contents of any written or 3,407
oral summary of a presentence investigation report or of a part 3,408
of a presentence investigation report described in division 3,409
(B)(3) of this section are confidential information and are not a 3,410
public record. The court, an appellate court, authorized 3,411
probation officers, investigators, and court personnel, the
defendant, the defendant's counsel, the prosecutor who is 3,412
handling the prosecution of the case against the defendant, and 3,413
authorized personnel of an institution to which the defendant is 3,414
committed may inspect, receive copies of, retain copies of, and 3,415
use a presentence investigation report or a written or oral 3,416
summary of a presentence investigation only for the purposes of
or only as authorized by Criminal Rule 32.2 or this section, 3,417
division (F)(1) of section 2953.08, section 2947.06, or another 3,418
section of the Revised Code. 3,419
(2) Immediately following the imposition of sentence upon 3,421
the defendant, the defendant or the defendant's counsel and the 3,422
prosecutor shall return to the court all copies of a presentence 3,423
investigation report and of any written summary of a presentence 3,424
investigation report or part of a presentence investigation 3,425
report that the court made available to the defendant or the 3,427
defendant's counsel and to the prosecutor pursuant to this
section. The defendant or the defendant's counsel and the 3,428
prosecutor shall not make any copies of the presentence 3,429
investigation report or of any written summary of a presentence 3,430
investigation report or part of a presentence investigation 3,431
report that the court made available to them pursuant to this
section. 3,432
(3) Except when a presentence investigation report or a 3,434
written or oral summary of a presentence investigation report is 3,435
being used for the purposes of or as authorized by Criminal Rule 3,436
32.2 or this section, division (F)(1) of section 2953.08, section 3,437
2947.06, or another section of the Revised Code, the court or 3,438
86
other authorized holder of the report or summary shall retain the 3,439
report or summary under seal.
(E) As used in this section: 3,441
(1) "Prosecutor" has the same meaning as in section 3,443
2935.01 of the Revised Code. 3,444
(2) "Community control sanction" has the same meaning as 3,446
in section 2929.01 of the Revised Code. 3,447
(3) "Public record" has the same meaning as in section 3,449
149.43 of the Revised Code. 3,450
Sec. 2951.05. (A) If an offender mentioned in section 3,460
2951.02 of the Revised Code resides in the county in which the 3,461
trial was conducted, the court that issues an order of probation 3,462
shall place the offender under the control and supervision of a 3,463
department of probation in the county that serves the court. If 3,464
there is no department of probation in the county that serves the 3,465
court, the probation order, under section 2301.32 of the Revised 3,467
Code, may place the offender on probation in charge of the adult 3,468
parole authority created by section 5149.02 of the Revised Code 3,469
that then shall have the powers and duties of a county department
of probation. If the offender resides in a county other than the 3,471
county in which the court granting probation is located and a 3,472
county department of probation has been established in the county 3,473
of residence or the county of residence is served by a 3,474
multicounty probation department, the order of probation may 3,475
request the court of common pleas of the county in which the 3,476
offender resides to receive him THE OFFENDER into the control and 3,477
supervision of that county or multicounty department of 3,479
probation, subject to the jurisdiction of the trial judge over 3,481
and with respect to the person of the offender, and to the rules 3,482
governing that department of probation. If the offender's county 3,483
of residence has no county or multicounty department of 3,484
probation, the judge may place him THE OFFENDER on probation in 3,486
charge of the adult parole authority created by section 5149.02 3,487
of the Revised Code. 3,488
87
(B)(1) A COUNTY DEPARTMENT OF PROBATION, A MULTICOUNTY 3,491
DEPARTMENT OF PROBATION, OR THE ADULT PAROLE AUTHORITY, AS 3,492
APPROPRIATE UNDER DIVISION (A) OF THIS SECTION, THAT HAS GENERAL 3,494
CONTROL AND SUPERVISION OF OFFENDERS WHO ARE REQUIRED TO SUBMIT 3,495
TO RANDOM DRUG TESTING UNDER DIVISION (C)(1)(c) OF SECTION 3,496
2951.02 OF THE REVISED CODE OR WHO ARE SUBJECT TO A 3,498
NONRESIDENTIAL SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER 3,499
SECTION 2929.17 OF THE REVISED CODE, MAY CAUSE EACH OFFENDER TO 3,502
SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A LABORATORY OR ENTITY 3,503
THAT HAS ENTERED INTO A CONTRACT WITH ANY OF THE GOVERNMENTAL 3,504
ENTITIES OR OFFICERS AUTHORIZED TO ENTER INTO A CONTRACT WITH 3,505
THAT LABORATORY OR ENTITY UNDER SECTION 341.26, 753.33, OR 3,506
5120.63 OF THE REVISED CODE. 3,508
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 3,511
(B)(1) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 3,512
IN THOSE DIVISIONS, THE COUNTY DEPARTMENT OF PROBATION, THE 3,513
MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE 3,514
AUTHORITY, AS APPROPRIATE, THAT HAS GENERAL CONTROL AND 3,515
SUPERVISION OF OFFENDERS DESCRIBED IN DIVISION (B)(1) OF THIS 3,516
SECTION SHALL CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING 3,517
PERFORMED BY A REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER 3,519
THE INDIVIDUAL WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR 3,520
WAS INJECTED WITH A DRUG OF ABUSE. 3,521
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 3,523
CONTRACT PURSUANT TO SECTION 341.26, 753.33, OR 5120.63 OF THE 3,524
REVISED CODE SHALL PERFORM THE RANDOM DRUG TESTING UNDER DIVISION 3,525
(B)(1) OF THIS SECTION IN ACCORDANCE WITH THE APPLICABLE 3,527
STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A 3,528
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER
DIVISION (B)(3) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS 3,529
SET FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE 3,530
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO SECTION 3,531
5120.63 OF THE REVISED CODE. AN OFFENDER WHO IS REQUIRED TO 3,532
SUBMIT TO RANDOM DRUG TESTING UNDER DIVISION (C)(1)(c) OF SECTION 3,535
88
2951.02 OF THE REVISED CODE OR WHO IS SUBJECT TO A NONRESIDENTIAL 3,538
SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER SECTION 2929.17 3,539
OF THE REVISED CODE SHALL PAY THE FEE FOR THE DRUG TEST IF THE 3,541
TEST RESULTS INDICATE THAT THE OFFENDER INGESTED OR WAS INJECTED 3,542
WITH A DRUG OF ABUSE AND IF THE COUNTY DEPARTMENT OF PROBATION,
THE MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE 3,543
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 3,544
OFFENDER REQUIRES PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT 3,545
PERFORMS THE RANDOM DRUG TESTING ON AN OFFENDER UNDER DIVISION 3,546
(B)(1) OR (2) OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE 3,547
DRUG TEST TO THE APPROPRIATE COUNTY PROBATION DEPARTMENT, 3,548
MULTICOUNTY PROBATION DEPARTMENT, OR ADULT PAROLE AUTHORITY THAT 3,549
HAS GENERAL CONTROL AND SUPERVISION OF THE OFFENDER. 3,550
(C) As used in this section, "multicounty: 3,552
(1) "MULTICOUNTY department of probation" means a 3,555
probation department established under section 2301.27 of the 3,556
Revised Code to serve more than one county. 3,557
(2) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,560
SECTION 5120.63 OF THE REVISED CODE. 3,562
Sec. 2951.08. (A) During a period of probation or 3,572
community control, any field officer or probation officer may 3,573
arrest the person on probation or under a community control 3,574
sanction without a warrant and bring the person before the judge 3,575
or magistrate before whom the cause was pending. During a period 3,576
of probation or community control, any peace officer may arrest 3,577
the person on probation or under a community control sanction 3,578
without a warrant upon the written order of the chief county 3,579
probation officer if the person on probation or under a community 3,580
control sanction is under the supervision of that county
department of probation or on the order of an officer of the 3,582
adult parole authority created pursuant to section 5149.02 of the 3,583
Revised Code if the person on probation or under a community
control sanction is under the supervision of the authority. 3,585
During a period of probation or community control, any peace 3,586
89
officer may arrest the person on probation or under a community 3,587
control sanction on the warrant of the judge or magistrate before 3,588
whom the cause was pending.
During a period of probation or community control, any 3,590
peace officer may arrest the person on probation or under a 3,591
community control sanction without a warrant if the peace officer 3,593
has reasonable ground to believe the person has violated or is 3,594
violating any of the following that is a condition of the 3,595
person's probation or of the person's community control sanction: 3,596
(1) A condition that prohibits ownership, possession, or 3,599
use of a firearm, deadly weapon, ammunition, or dangerous
ordnance; 3,600
(2) A condition that prohibits the person from being 3,602
within a specified structure or geographic area; 3,604
(3) A condition that confines the person to a residence, 3,606
facility, or other structure; 3,607
(4) A condition that prohibits the person from contacting 3,609
or communicating with any specified individual; 3,611
(5) A condition that prohibits the person from associating 3,613
with a specified individual; 3,615
(6) A CONDITION AS PROVIDED IN DIVISION (C)(1)(c) OF 3,618
SECTION 2951.02 OF THE REVISED CODE OR IN DIVISION (A)(1) OF 3,621
SECTION 2929.15 OF THE REVISED CODE THAT REQUIRES THAT THE PERSON 3,623
NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO 3,624
RANDOM DRUG TESTING AND REQUIRES THAT THE RESULTS OF THE DRUG 3,625
TEST INDICATE THAT THE PERSON DID NOT INGEST OR WAS NOT INJECTED 3,627
WITH A DRUG OF ABUSE.
(B) Upon making an arrest under this section, the 3,629
arresting field officer, probation officer, or peace officer or 3,630
the department or agency of the arresting officer promptly shall 3,632
notify the chief probation officer or the chief probation 3,634
officer's designee that the person has been arrested. Upon being 3,635
notified that a peace officer has made an arrest under this 3,636
section, the chief probation officer or designee, or another 3,637
90
probation officer designated by the chief probation officer, 3,638
promptly shall bring the person who was arrested before the judge 3,639
or magistrate before whom the cause was pending. 3,640
(C) Nothing in this section limits the powers of arrest 3,642
granted to certain law enforcement officers and citizens under 3,644
sections 2935.03 and 2935.04 of the Revised Code. 3,645
(D) As used in this section: 3,647
(1) "Peace officer" has the same meaning as in section 3,649
2935.01 of the Revised Code. 3,650
(2) "Firearm," "deadly weapon," and "dangerous ordnance" 3,652
have the same meanings as in section 2923.11 of the Revised Code. 3,653
(3) "Community control sanction" has the same meaning as 3,655
in section 2929.01 of the Revised Code. 3,656
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,659
SECTION 5120.63 OF THE REVISED CODE. 3,661
Sec. 2967.01. As used in this chapter: 3,670
(A) "State correctional institution" includes any 3,673
institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, 3,674
care, or treatment of criminal, delinquent, or psychologically or 3,675
psychiatrically disturbed offenders. 3,676
(B) "Pardon" means the remission of penalty by the 3,678
governor in accordance with the power vested in the governor by 3,679
the constitution. 3,680
(C) "Commutation" or "commutation of sentence" means the 3,682
substitution by the governor of a lesser for a greater 3,683
punishment. A stated prison term may be commuted without the 3,685
consent of the convict, except when granted upon the acceptance 3,686
and performance by the convict of conditions precedent. After 3,687
commutation, the commuted prison term shall be the only one in 3,688
existence. The commutation may be stated in terms of commuting 3,689
from a named offense to a lesser included offense with a shorter 3,691
prison term, in terms of commuting from a stated prison term in 3,692
months and years to a shorter prison term in months and years, or 3,693
91
in terms of commuting from any other stated prison term to a 3,694
shorter prison term.
(D) "Reprieve" means the temporary suspension by the 3,696
governor of the execution of a sentence or prison term. The 3,697
governor may grant a reprieve without the consent of and against 3,698
the will of the convict.
(E) "Parole" means, regarding a prisoner who is serving a 3,700
prison term for aggravated murder or murder, who is serving a 3,701
prison term of life imprisonment for rape or FOR felonious sexual 3,702
penetration AS IT EXISTED UNDER SECTION 2907.12 OF THE REVISED 3,703
CODE PRIOR TO SEPTEMBER 3, 1996, or who was sentenced prior to 3,705
July 1, 1996, a release of the prisoner from confinement in any 3,707
state correctional institution by the adult parole authority that 3,708
is subject to the eligibility criteria specified in this chapter 3,709
and that is under the terms and conditions, and for the period of
time, prescribed by the authority in its published rules and 3,710
official minutes or required by division (A) of section 2967.131 3,711
of the Revised Code or another provision of this chapter. 3,712
(F) "Head of a state correctional institution" or "head of 3,715
the institution" means the resident head of the institution and 3,716
the person immediately in charge of the institution, whether 3,717
designated warden, superintendent, or any other name by which the 3,718
head is known.
(G) "Convict" means a person who has been convicted of a 3,720
felony under the laws of this state, whether or not actually 3,721
confined in a state correctional institution, unless the person 3,722
has been pardoned or has served the person's sentence or prison 3,723
term. 3,724
(H) "Prisoner" means a person who is in actual confinement 3,726
in a state correctional institution. 3,727
(I) "Parolee" means any inmate who has been released from 3,729
confinement on parole by order of the adult parole authority or 3,730
conditionally pardoned, who is under supervision of the adult 3,731
parole authority and has not been granted a final release, and 3,732
92
who has not been declared in violation of the inmate's parole by 3,733
the authority or is performing the prescribed conditions of a 3,734
conditional pardon. 3,735
(J) "Releasee" means an inmate who has been released from 3,737
confinement pursuant to section 2967.28 of the Revised Code under 3,739
a period of post-release control that includes one or more
post-release control sanctions. 3,740
(K) "Final release" means a remission by the adult parole 3,742
authority of the balance of the sentence or prison term of a 3,743
parolee or prisoner or the termination by the authority of a term 3,744
of post-release control of a releasee. 3,745
(L) "Parole violator" or "release violator" means any 3,747
parolee or releasee who has been declared to be in violation of 3,748
the condition of parole or post-release control specified in 3,749
division (A) OR (B) of section 2967.131 of the Revised Code or in 3,751
violation of any other term, condition, or rule of the parolee's 3,752
or releasee's parole or of the parolee's or releasee's 3,753
post-release control sanctions, the determination of which has 3,754
been made by the adult parole authority and recorded in its 3,755
official minutes.
(M) "Administrative release" means a termination of 3,757
jurisdiction over a particular sentence or prison term by the 3,758
adult parole authority for administrative convenience. 3,759
(N) "Post-release control" means a period of supervision 3,762
by the adult parole authority after a prisoner's release from 3,763
imprisonment that includes one or more post-release control 3,764
sanctions imposed under section 2967.28 of the Revised Code. 3,765
(O) "Post-release control sanction" means a sanction that 3,768
is authorized under sections 2929.16 to 2929.18 of the Revised 3,770
Code and that is imposed upon a prisoner upon the prisoner's 3,771
release from a prison term. 3,773
(P) "Community control sanction," "prison term," 3,776
"mandatory prison term," and "stated prison term" have the same 3,777
meanings as in section 2929.01 of the Revised Code. 3,778
93
(Q) "Transitional control" means control of a prisoner 3,780
under the transitional control program established by the 3,781
department of rehabilitation and correction under section 2967.26 3,782
of the Revised Code, if the department establishes a program of 3,784
that nature under that section.
(R) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,786
SECTION 5120.63 OF THE REVISED CODE. 3,787
Sec. 2967.131. (A) In addition to any other terms and 3,796
conditions of a conditional pardon or parole, of transitional 3,798
control, or of another form of authorized release from 3,799
confinement in a state correctional institution that is granted 3,800
to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, 3,801
and in addition to any other sanctions of post-release control of 3,802
a felon imposed under section 2967.28 of the Revised Code, the 3,803
authority or, in the case of a conditional pardon, the governor 3,804
shall include in the terms and conditions of the conditional 3,805
pardon, parole, transitional control, or other form of authorized 3,806
release or shall include as conditions of the post-release 3,807
control the conditions that the individual or felon not leave the 3,808
state without permission of the court or the individual's or 3,809
felon's parole or probation officer and that the individual or 3,810
felon abide by the law during the period of the individual's or 3,813
felon's conditional pardon, parole, transitional control, other 3,814
form of authorized release, or post-release control. 3,817
(B)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION, AS 3,820
A CONDITION OF PAROLE OR POST-RELEASE CONTROL, MAY REQUIRE THAT 3,821
THE INDIVIDUAL OR FELON SHALL NOT INGEST OR BE INJECTED WITH A 3,822
DRUG OF ABUSE AND SHALL SUBMIT TO RANDOM DRUG TESTING AS PROVIDED 3,823
IN DIVISIONS (B)(2), (3), AND (4) OF THIS SECTION AND THAT THE 3,825
RESULTS OF THE DRUG TEST INDICATE THAT THE INDIVIDUAL OR FELON 3,826
DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE.
(2) IF THE ADULT PAROLE AUTHORITY HAS GENERAL CONTROL AND 3,829
SUPERVISION OF AN INDIVIDUAL OR FELON WHO IS REQUIRED TO SUBMIT 3,830
94
TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE OR POST-RELEASE 3,831
CONTROL UNDER DIVISION (B)(1) OF THIS SECTION, THE AUTHORITY MAY 3,832
CAUSE THE INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING 3,833
PERFORMED BY A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 3,834
CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR OFFICERS 3,835
AUTHORIZED TO ENTER INTO A CONTRACT WITH THAT LABORATORY OR 3,836
ENTITY UNDER SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED 3,839
CODE.
(3) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 3,842
(B)(2) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 3,844
IN THAT DIVISION, THE ADULT PAROLE AUTHORITY SHALL CAUSE THE 3,845
INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY 3,846
A REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE INDIVIDUAL 3,849
OR FELON WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE. 3,850
(4) IF A LABORATORY OR ENTITY HAS ENTERED INTO A CONTRACT 3,852
WITH A GOVERNMENTAL ENTITY OR OFFICER AS SPECIFIED IN DIVISION 3,854
(B)(2) OF THIS SECTION, THE LABORATORY OR ENTITY SHALL PERFORM 3,855
THE RANDOM DRUG TESTING UNDER DIVISION (B)(2) OF THIS SECTION IN 3,856
ACCORDANCE WITH THE APPLICABLE STANDARDS THAT ARE INCLUDED IN THE 3,857
TERMS OF THAT CONTRACT. A PUBLIC LABORATORY SHALL PERFORM THE 3,858
RANDOM DRUG TESTS UNDER DIVISION (B)(3) OF THIS SECTION IN 3,859
ACCORDANCE WITH THE STANDARDS SET FORTH IN THE POLICIES AND 3,861
PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.63 OF THE REVISED CODE. AN 3,862
INDIVIDUAL OR FELON WHO IS REQUIRED UNDER DIVISION (B)(1) OF THIS 3,864
SECTION TO SUBMIT TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE 3,865
OR POST-RELEASE CONTROL AND WHOSE TEST RESULTS INDICATE THAT THE 3,866
INDIVIDUAL OR FELON INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE 3,867
SHALL PAY THE FEE FOR THE DRUG TEST IF THE ADULT PAROLE AUTHORITY 3,868
REQUIRES PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT PERFORMS 3,869
THE RANDOM DRUG TESTING ON A PAROLEE OR RELEASEE UNDER DIVISION 3,871
(B)(2) OR (3) OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE 3,872
DRUG TEST TO THE ADULT PAROLE AUTHORITY. 3,873
95
(C) During the period of a conditional pardon or parole, 3,876
of transitional control, or of another form of authorized release 3,879
from confinement in a state correctional institution that is 3,880
granted to an individual and that involves the placement of the 3,881
individual under the supervision of the adult parole authority,
and during a period of post-release control of a felon imposed 3,882
under section 2967.28 of the Revised Code, authorized field 3,884
officers of the authority who are engaged within the scope of
their supervisory duties or responsibilities may search, with or 3,885
without a warrant, the person of the individual or felon, the 3,887
place of residence of the individual or felon, and a motor 3,890
vehicle, another item of tangible or intangible personal
property, or other real property in which the individual or felon 3,892
has a right, title, or interest or for which the individual or 3,894
felon has the express or implied permission of a person with a 3,897
right, title, or interest to use, occupy, or possess, if the 3,898
field officers have reasonable grounds to believe that the 3,900
individual or felon has left the state, is not abiding by the 3,902
law, or otherwise is not complying with the terms and conditions 3,903
of the individual's or felon's conditional pardon, parole, 3,904
transitional control, other form of authorized release, or 3,907
post-release control. The authority shall provide each 3,908
individual who is granted a conditional pardon or parole, 3,909
transitional control, or another form of authorized release from 3,910
confinement in a state correctional institution and each felon 3,911
who is under post-release control with a written notice that 3,913
informs the individual or felon that authorized field officers of 3,915
the authority who are engaged within the scope of their 3,918
supervisory duties or responsibilities may conduct those types of 3,919
searches during the period of the conditional pardon, parole, 3,920
transitional control, other form of authorized release, or 3,921
post-release control if they have reasonable grounds to believe 3,922
that the individual or felon has left the state, is not abiding 3,924
by the law, or otherwise is not complying with the terms and 3,925
96
conditions of the individual's or felon's conditional pardon, 3,928
parole, transitional control, other form of authorized release, 3,930
or post-release control.
Sec. 4511.83. (A) As used in this section: 3,939
(1) "Ignition interlock device" means a device that 3,941
connects a breath analyzer to a motor vehicle's ignition system, 3,942
that is constantly available to monitor the concentration by 3,943
weight of alcohol in the breath of any person attempting to start 3,944
that motor vehicle by using its ignition system, and that deters 3,945
starting the motor vehicle by use of its ignition system unless 3,946
the person attempting to so start the vehicle provides an 3,947
appropriate breath sample for the device and the device 3,948
determines that the concentration by weight of alcohol in the 3,949
person's breath is below a preset level. 3,950
(2) "Offender with restricted driving privileges" means an 3,952
offender who is subject to an order that was issued under 3,953
division (F) of section 4507.16 of the Revised Code as a 3,954
condition of the granting of occupational driving privileges or 3,955
an offender whose driving privilege is restricted as a condition 3,956
of probation pursuant to division (G) of section 2951.02 of the 3,958
Revised Code. 3,959
(B)(1) Except in cases of a substantial emergency when no 3,961
other person is reasonably available to drive in response to the 3,962
emergency, no person shall knowingly rent, lease, or lend a motor 3,963
vehicle to any offender with restricted driving privileges, 3,964
unless the vehicle is equipped with a functioning ignition 3,965
interlock device that is certified pursuant to division (D) of 3,966
this section. 3,967
(2) Any offender with restricted driving privileges who 3,969
rents, leases, or borrows a motor vehicle from another person 3,970
shall notify the person who rents, leases, or lends the motor 3,971
vehicle to the offender that the offender has restricted driving 3,973
privileges and of the nature of the restriction. 3,974
(3) Any offender with restricted driving privileges who is 3,976
97
required to operate a motor vehicle owned by the offender's 3,977
employer in the course and scope of the offender's employment may 3,979
operate that vehicle without the installation of an ignition 3,981
interlock device, provided that the employer has been notified 3,982
that the offender has restricted driving privileges and of the 3,983
nature of the restriction and provided further that the offender 3,984
has proof of the employer's notification in the offender's 3,985
possession while operating the employer's vehicle for normal 3,987
business duties. A motor vehicle owned by a business that is 3,988
partly or entirely owned or controlled by an offender with 3,989
restricted driving privileges is not a motor vehicle owned by an 3,990
employer, for purposes of this division. 3,991
(C) If a court, pursuant to division (F) of section 3,993
4507.16 of the Revised Code, imposes the use of an ignition 3,994
interlock device as a condition of the granting of occupational 3,995
driving privileges, the court shall require the offender to 3,996
provide proof of compliance to the court at least once quarterly 3,997
or more frequently as ordered by the court in its discretion. If 3,998
a court imposes the use of an ignition interlock device as a 3,999
condition of probation under division (I)(G) of section 2951.02 4,001
of the Revised Code, the court shall require the offender to 4,002
provide proof of compliance to the court or probation officer 4,003
prior to issuing any driving privilege or continuing the 4,004
probation status. In either case in which a court imposes the use 4,005
of such a device, the offender, at least once quarterly or more 4,006
frequently as ordered by the court in its discretion, shall have 4,007
the device inspected as ordered by the court for accurate 4,008
operation and shall provide the results of the inspection to the 4,009
court or, if applicable, to the offender's probation officer. 4,010
(D)(1) The director of public safety, upon consultation 4,012
with the director of health and in accordance with Chapter 119. 4,013
of the Revised Code, shall certify ignition interlock devices and 4,014
shall publish and make available to the courts, without charge, a 4,015
list of approved devices together with information about the 4,016
98
manufacturers of the devices and where they may be obtained. The 4,017
cost of obtaining the certification of an ignition interlock 4,018
device shall be paid by the manufacturer of the device to the 4,019
director of public safety and shall be deposited in the statewide 4,020
treatment and prevention fund established by section 4301.30 of 4,021
the Revised Code.
(2) The director of public safety, in accordance with 4,023
Chapter 119. of the Revised Code, shall adopt and publish rules 4,024
setting forth the requirements for obtaining the certification of 4,025
an ignition interlock device. No ignition interlock device shall 4,026
be certified by the director of public safety pursuant to 4,027
division (D)(1) of this section unless it meets the requirements 4,028
specified and published by the director in the rules adopted 4,029
pursuant to this division. The requirements shall include 4,030
provisions for setting a minimum and maximum calibration range 4,031
and shall include, but shall not be limited to, specifications 4,032
that the device complies with all of the following: 4,033
(a) It does not impede the safe operation of the vehicle. 4,035
(b) It has features that make circumvention difficult and 4,037
that do not interfere with the normal use of the vehicle. 4,038
(c) It correlates well with established measures of 4,040
alcohol impairment. 4,041
(d) It works accurately and reliably in an unsupervised 4,043
environment. 4,044
(e) It is resistant to tampering and shows evidence of 4,046
tampering if tampering is attempted. 4,047
(f) It is difficult to circumvent and requires 4,049
premeditation to do so. 4,050
(g) It minimizes inconvenience to a sober user. 4,052
(h) It requires a proper, deep-lung breath sample or other 4,054
accurate measure of the concentration by weight of alcohol in the 4,055
breath. 4,056
(i) It operates reliably over the range of automobile 4,058
environments. 4,059
99
(j) It is made by a manufacturer who is covered by product 4,061
liability insurance. 4,062
(3) The director of public safety may adopt, in whole or 4,064
in part, the guidelines, rules, regulations, studies, or 4,065
independent laboratory tests performed and relied upon by other 4,066
states, or their agencies or commissions, in the certification or 4,067
approval of ignition interlock devices. 4,068
(4) The director of public safety shall adopt rules in 4,070
accordance with Chapter 119. of the Revised Code for the design 4,071
of a warning label that shall be affixed to each ignition 4,072
interlock device upon installation. The label shall contain a 4,073
warning that any person tampering, circumventing, or otherwise 4,074
misusing the device is subject to a fine, imprisonment, or both 4,075
and may be subject to civil liability. 4,076
(E)(1) No offender with restricted driving privileges, 4,078
during any period that the offender is required to operate only a 4,080
motor vehicle equipped with an ignition interlock device, shall 4,081
request or permit any other person to breathe into the device or 4,082
start a motor vehicle equipped with the device, for the purpose 4,083
of providing the offender with an operable motor vehicle. 4,084
(2)(a) Except as provided in division (E)(2)(b) of this 4,086
section, no person shall breathe into an ignition interlock 4,087
device or start a motor vehicle equipped with an ignition 4,088
interlock device for the purpose of providing an operable motor 4,089
vehicle to an offender with restricted driving privileges. 4,090
(b) Division (E)(2)(a) of this section does not apply to 4,092
an offender with restricted driving privileges who breathes into 4,093
an ignition interlock device or starts a motor vehicle equipped 4,094
with an ignition interlock device for the purpose of providing 4,095
the offender with an operable motor vehicle. 4,096
(3) No unauthorized person shall tamper with or circumvent 4,098
the operation of an ignition interlock device. 4,099
Sec. 5120.63. (A) AS USED IN THIS SECTION: 4,101
(1) "RANDOM DRUG TESTING" MEANS A PROCEDURE IN WHICH BLOOD 4,103
100
OR URINE SPECIMENS ARE COLLECTED FROM INDIVIDUALS CHOSEN BY 4,104
AUTOMATIC, RANDOM SELECTION AND WITHOUT PREARRANGEMENT OR 4,105
PLANNING, FOR THE PURPOSE OF SCIENTIFICALLY ANALYZING THE 4,106
SPECIMENS TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS 4,107
INJECTED WITH A DRUG OF ABUSE. 4,108
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING 4,110
AS IN SECTION 2967.01 OF THE REVISED CODE. 4,111
(3) "STATED PRISON TERM" HAS THE SAME MEANING AS IN 4,113
SECTION 2929.01 OF THE REVISED CODE.
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,116
ESTABLISH AND ADMINISTER A STATEWIDE RANDOM DRUG TESTING PROGRAM 4,117
IN WHICH ALL PERSONS WHO WERE CONVICTED OF OR PLEADED GUILTY TO A 4,118
FELONY OFFENSE AND ARE SERVING A STATED PRISON TERM IN A STATE 4,119
CORRECTIONAL INSTITUTION SHALL SUBMIT TO RANDOM DRUG TESTING. 4,121
THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH LABORATORIES OR 4,122
ENTITIES IN THE STATE THAT ARE ACCREDITED BY THE NATIONAL 4,123
INSTITUTE ON DRUG ABUSE TO PERFORM BLOOD OR URINE SPECIMEN 4,124
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION, 4,125
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED 4,126
UNDER THIS SECTION IN THE PERFORMANCE OF RANDOM DRUG TESTING OF 4,127
PRISONERS IN THOSE CORRECTIONAL INSTITUTIONS. THE TERMS OF ANY 4,129
CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A
REQUIREMENT THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE 4,130
SUPERINTENDENTS, MANAGING OFFICERS, AND EMPLOYEES OF STATE 4,131
CORRECTIONAL INSTITUTIONS, ALL EMPLOYEES OF THE DEPARTMENT, AND 4,132
ALL OTHER PERSONS COMPLY WITH THE STANDARDS FOR THE PERFORMANCE 4,133
OF RANDOM DRUG TESTING AS SPECIFIED IN THE POLICIES AND 4,134
PROCEDURES ESTABLISHED BY THE DEPARTMENT UNDER DIVISION (D) OF 4,135
THIS SECTION. IF NO LABORATORY OR ENTITY HAS ENTERED INTO A 4,136
CONTRACT AS SPECIFIED IN THIS DIVISION, THE DEPARTMENT SHALL 4,137
CAUSE A PRISONER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A 4,138
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE PRISONER 4,139
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 4,140
(C) A PRISONER WHO IS SUBJECTED TO RANDOM DRUG TESTING 4,143
101
UNDER THIS SECTION AND WHOSE TEST INDICATES THAT THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE 4,144
FOR THAT POSITIVE TEST AND OTHER SUBSEQUENT TEST FEES AS A 4,145
SANCTION SPECIFIED BY THE DEPARTMENT OF REHABILITATION AND 4,146
CORRECTION PURSUANT TO DIVISION (D)(6) OF THIS SECTION. 4,147
(D) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,150
ESTABLISH POLICIES AND PROCEDURES TO IMPLEMENT THE RANDOM DRUG 4,151
TESTING PROGRAM ESTABLISHED UNDER THIS SECTION. THE POLICIES AND 4,152
PROCEDURES SHALL INCLUDE, BUT ARE NOT LIMITED TO, PROVISIONS THAT 4,153
DO THE FOLLOWING:
(1) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 4,156
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING
THE FOLLOWING: 4,157
(a) THE COLLECTION BY THE LABORATORY OR ENTITY DESCRIBED 4,159
IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS OF 4,160
INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY APPROVED MANNER AND 4,161
UNDER REASONABLE AND SANITARY CONDITIONS; 4,162
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 4,164
DESCRIBED IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE 4,165
SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF THE INDIVIDUAL BEING 4,166
TESTED AND IN A MANNER REASONABLY CALCULATED TO PREVENT 4,167
SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND TESTING OF 4,168
THE SPECIMENS; 4,169
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 4,171
COLLECTED BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) 4,172
OF THIS SECTION AND DOCUMENTATION PROCEDURES THAT REASONABLY 4,173
PRECLUDE THE POSSIBILITY OF ERRONEOUS IDENTIFICATION OF TEST 4,174
RESULTS AND THAT PROVIDE THE INDIVIDUAL BEING TESTED AN 4,175
OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING ANY PRESCRIPTION 4,176
OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL IN CONNECTION 4,177
WITH A MEDICAL CONDITION; 4,178
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 4,180
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION 4,181
(B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS IN A MANNER THAT 4,182
102
REASONABLY PRECLUDES THE POSSIBILITY OF CONTAMINATION OR 4,183
ADULTERATION OF THE SPECIMENS; 4,184
(e) THE TESTING BY THE LABORATORY OR ENTITY DESCRIBED IN 4,186
DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMEN OF AN 4,187
INDIVIDUAL TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS 4,188
INJECTED WITH A DRUG OF ABUSE, IN A MANNER THAT CONFORMS TO 4,189
SCIENTIFICALLY ACCEPTED ANALYTICAL METHODS AND PROCEDURES AND 4,190
THAT MAY INCLUDE VERIFICATION OR CONFIRMATION OF ANY POSITIVE 4,191
TEST RESULT BY A RELIABLE ANALYTICAL METHOD; 4,192
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 4,194
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY DESCRIBED IN 4,195
DIVISION (B) OF THIS SECTION WHO IS QUALIFIED BY EDUCATION, 4,196
TRAINING, AND EXPERIENCE TO PERFORM THAT ANALYSIS AND WHOSE 4,198
REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD OR URINE SPECIMENS 4,199
TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE AND WHETHER THE 4,200
INDIVIDUAL WHO IS THE SUBJECT OF THE TEST INGESTED OR WAS 4,201
INJECTED WITH A DRUG OF ABUSE. 4,202
(2) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 4,204
TESTING OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION; 4,205
(3) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 4,207
SELECTION OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION TO 4,209
SUBMIT TO RANDOM DRUG TESTING UNDER THIS SECTION; 4,210
(4) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL 4,212
FROM THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) OF THIS 4,213
SECTION TO THE DEPARTMENT OF THE RESULTS OF THE RANDOM DRUG 4,214
TESTING OF PRISONERS IN STATE CORRECTIONAL INSTITUTIONS PURSUANT 4,215
TO DIVISION (F) OF THIS SECTION; 4,216
(5) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 4,218
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSES PERFORMED BY A 4,219
LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH PROCEDURES 4,221
FOR THE COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO 4,222
THE DRUG TEST;
(6) ESTABLISH GUIDELINES FOR IMPOSING SANCTIONS UPON A 4,224
PRISONER WHOSE TEST RESULTS INDICATE THAT THE PRISONER INGESTED 4,225
103
OR WAS INJECTED WITH A DRUG OF ABUSE. 4,226
(E) THE WARDEN OF EACH CORRECTIONAL INSTITUTION, PURSUANT 4,228
TO THE CONTRACT ENTERED INTO UNDER DIVISION (B) OF THIS SECTION 4,230
OR, IF NO CONTRACT WAS ENTERED INTO UNDER THAT DIVISION, PURSUANT 4,231
TO THE POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF 4,232
REHABILITATION AND CORRECTION UNDER DIVISION (D) OF THIS SECTION, 4,234
SHALL FACILITATE THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND 4,235
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION 4,237
(B) OF THIS SECTION, OF THE BLOOD OR URINE SPECIMENS OF THE 4,238
PRISONERS IN THE STATE CORRECTIONAL INSTITUTION WHO ARE SUBJECT 4,239
TO RANDOM DRUG TESTING. 4,240
(F) A LABORATORY OR ENTITY THAT PERFORMS RANDOM DRUG 4,242
TESTING OF PRISONERS AND ANALYSES OF BLOOD OR URINE SPECIMENS 4,243
UNDER THIS SECTION SHALL TRANSMIT THE RESULTS OF EACH DRUG TEST 4,244
TO THE DEPARTMENT OF REHABILITATION AND CORRECTION. THE 4,245
DEPARTMENT SHALL FILE FOR RECORD THE RESULTS OF THE DRUG TESTS 4,246
THAT INDICATE WHETHER OR NOT EACH PRISONER IN THE STATE 4,247
CORRECTIONAL INSTITUTION WHO WAS SUBJECTED TO THE DRUG TEST 4,248
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DEPARTMENT 4,249
SHALL SEND A COPY OF THE RESULTS OF THE DRUG TESTS TO THE WARDEN 4,250
OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER WHO 4,251
WAS SUBJECTED TO THE DRUG TEST IS CONFINED. THE WARDEN SHALL 4,252
GIVE APPROPRIATE NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER 4,254
WHO WAS SUBJECTED TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS 4,255
INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG 4,256
OF ABUSE. IN ACCORDANCE WITH INSTITUTIONAL DISCIPLINARY 4,257
PROCEDURES, THE WARDEN SHALL AFFORD THAT PRISONER AN OPPORTUNITY 4,258
TO BE HEARD REGARDING THE RESULTS OF THE DRUG TEST AND TO PRESENT 4,259
CONTRARY EVIDENCE AT A HEARING HELD BEFORE THE WARDEN WITHIN 4,260
THIRTY DAYS AFTER NOTIFICATION TO THE PRISONER UNDER THIS 4,261
DIVISION. AFTER THE HEARING, IF A HEARING IS HELD, THE WARDEN 4,262
SHALL MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY 4,264
THE PRISONER. IF THE WARDEN REJECTS THE EVIDENCE PRESENTED BY 4,265
THE PRISONER AT THE HEARING OR IF NO HEARING IS HELD UNDER THIS 4,266
104
DIVISION, THE WARDEN MAY SUBJECT THE PRISONER TO SANCTIONS THAT 4,267
INCLUDE PAYMENT OF THE FEE FOR THE TEST. 4,268
(G) IF A PRISONER HAS BEEN SUBJECTED TO TWO OR MORE DRUG 4,271
TESTS PURSUANT TO THIS SECTION AND IF THE RESULTS OF TWO OF THOSE 4,272
TESTS INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A 4,273
DRUG OF ABUSE, THE PAROLE BOARD MAY EXTEND THE STATED PRISON TERM 4,274
OF THE PRISONER PURSUANT TO THE BAD TIME PROVISIONS IN SECTION 4,275
2967.11 OF THE REVISED CODE IF BY INGESTING OR BEING INJECTED 4,278
WITH THE DRUG OF ABUSE THE PRISONER COMMITTED A VIOLATION AS 4,279
DEFINED IN THAT SECTION.
(H) ALL FEES FOR RANDOM DRUG TESTS COLLECTED FROM 4,282
PRISONERS UNDER THIS SECTION OR COLLECTED BY THE ADULT PAROLE 4,283
AUTHORITY UNDER SECTION 2929.15, 2951.05, OR 2967.131 OF THE 4,285
REVISED CODE SHALL BE FORWARDED TO THE TREASURER OF STATE FOR 4,286
DEPOSIT IN THE OFFENDER FINANCIAL RESPONSIBILITY FUND CREATED IN 4,287
DIVISION (I) OF SECTION 5120.56 OF THE REVISED CODE. 4,289
Section 2. That existing sections 307.93, 341.06, 341.21, 4,291
341.23, 753.02, 753.04, 753.16, 2305.234, 2921.36, 2929.01, 4,292
2929.15, 2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 4,294
2967.01, 2967.131, and 4511.83 of the Revised Code are hereby 4,295
repealed. This is in recognition of the principle stated in 4,297
division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively 4,298
irreconcilable and constitutes a legislative finding that such is 4,300
the resulting version in effect prior to the effective date of 4,301
this act.
Section 3. Sections 2929.01 and 2929.17 of the Revised 4,303
Code are presented in this act as composites of the sections as 4,305
amended by both Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd 4,306
General Assembly, with the new language of neither of the acts 4,307
shown in capital letters. Section 2951.02 of the Revised Code is 4,308
presented in this act as a composite of the section as amended by 4,309
H.B. 471, Am. S.B. 9, and Am. Sub. S.B. 107 of the 123rd General 4,310
Assembly, with the new language of none of the acts shown in 4,311
105
capital letters. This is in recognition of the principle stated 4,312
in division (B) of section 1.52 of the Revised Code that such 4,313
amendments are to be harmonized where not substantively 4,314
irreconcilable and constitutes a legislative finding that such is 4,315
the resulting version in effect prior to the effective date of 4,316
this act.
Section 4. The amendment of section 2305.234 of the 4,318
Revised Code by this act is not intended to supersede the earlier 4,319
repeal, with delayed effective date, of that section. 4,320