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.                                       

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
      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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
      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          

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
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