As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 349 5
1999-2000 6
REPRESENTATIVES COUGHLIN-CALLENDER-WILLAMOWSKI-TAYLOR- 9
A. CORE-BUCHY-JOLIVETTE-TIBERI-GRENDELL-WILLIAMS-
CLANCY-MOTTLEY-HOOD-WINKLER-CALVERT-O'BRIEN-TERWILLEGER- 10
METTLER-CATES-WIDENER-HARRIS-METZGER-OLMAN 11
_________________________________________________________________ 12
A B I L L
To amend sections 307.93, 341.06, 341.21, 341.23, 14
753.02, 753.04, 753.16, 2305.234, 2921.36, 15
2929.01, 2929.15, 2929.17, 2929.19, 2951.02, 16
2951.03, 2951.05, 2951.08, 2967.01, 2967.131, and 17
4511.83 and to enact sections 341.26, 753.33, and 18
5120.63 of the Revised Code to require the
Department of Rehabilitation and Correction to 19
establish and administer a statewide random drug 20
testing program for prisoners; to authorize the
Department to contract with laboratories to 22
perform random drug testing of prisoners in state 23
correctional institutions; to authorize county
and municipal authorities to enter into such 24
contracts for the random drug testing of county 26
jail prisoners and municipal prisoners; to 27
specifically permit probation authorities and the
Adult Parole Authority to cause offenders on 29
probation, suspension of sentence, community 30
control sanction, parole, or post-release control 31
to submit to random drug testing; to authorize 32
the imposition of a fee for the test if a 33
prisoner fails the drug test and the imposition 34
of bad time upon certain prisoners who fail the 35
drug test; and to increase the penalty for
illegal conveyance of drugs of abuse onto the 36
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grounds of a detention facility or a mental
health or mental retardation and developmental 37
disabilities institution.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 307.93, 341.06, 341.21, 341.23, 41
753.02, 753.04, 753.16, 2305.234, 2921.36, 2929.01, 2929.15, 42
2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 2967.01, 44
2967.131, and 4511.83 be amended and sections 341.26, 753.33, and 45
5120.63 of the Revised Code be enacted to read as follows: 46
Sec. 307.93. (A) The boards of county commissioners of 55
two or more adjacent counties may contract for the joint 56
establishment of a multicounty correctional center, and the board 57
of county commissioners of a county or the boards of two or more 58
counties may contract with any municipal corporation or municipal 59
corporations located in that county or those counties for the 60
joint establishment of a municipal-county or 61
multicounty-municipal correctional center. The center shall 62
augment county and, where applicable, municipal jail programs and 63
facilities by providing custody and rehabilitative programs for 64
those persons under the charge of the sheriff of any of the 65
contracting counties or of the officer or officers of the 66
contracting municipal corporation or municipal corporations 67
having charge of persons incarcerated in the municipal jail, 68
workhouse, or other correctional facility who, in the opinion of 69
the sentencing court, need programs of custody and rehabilitation 70
not available at the county or municipal jail and by providing 71
custody and rehabilitative programs in accordance with division 72
(C) of this section, if applicable. The contract may include, 73
but need not be limited to, provisions regarding the acquisition, 74
construction, maintenance, repair, termination of operations, and 75
administration of the center. The contract shall prescribe the 76
manner of funding of, and debt assumption for, the center and the 77
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standards and procedures to be followed in the operation of the 78
center. Except as provided in division (H) of this section, the 80
contracting counties and municipal corporations shall form a 82
corrections commission to oversee the administration of the 83
center. Members of the commission shall consist of the sheriff 84
of each participating county, the president of the board of 85
county commissioners of each participating county, the presiding 86
judge of the court of common pleas of each participating county, 87
or, if the court of common pleas of a participating county has 88
only one judge, then that judge, the chief of police of each 89
participating municipal corporation, the mayor or city manager of 90
each participating municipal corporation, and the presiding judge 91
or the sole judge of the municipal court of each participating 92
municipal corporation. Any of the foregoing officers may appoint 93
a designee to serve in the officer's place on the corrections 94
commission. The standards and procedures shall be formulated and 95
agreed to by the commission and may be amended at any time during 96
the life of the contract by agreement of the parties to the 97
contract upon the advice of the commission. The standards and 98
procedures formulated by the commission shall include, but need 99
not be limited to, designation of the person in charge of the 100
center, the categories of employees to be employed at the center, 101
the appointing authority of the center, and the standards of 102
treatment and security to be maintained at the center. The 103
person in charge of, and all persons employed to work at, the 104
center shall have all the powers of police officers as THAT are 105
necessary for the proper performance of the duties relating to 106
their positions at the center.
(B) Each board of county commissioners that enters a 108
contract under division (A) of this section may appoint a 109
building commission pursuant to section 153.21 of the Revised 110
Code. If any commissions are appointed, they shall function 111
jointly in the construction of a multicounty or 112
multicounty-municipal correctional center with all the powers and 113
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duties authorized by law. 114
(C) Prior to the acceptance for custody and rehabilitation 116
into a center established under this section of any persons who 117
are designated by the department of rehabilitation and 118
correction, who plead guilty to or are convicted of a felony of 119
the fourth or fifth degree, and who satisfy the other
requirements listed in section 5120.161 of the Revised Code, the 120
corrections commission of a center established under this section 122
shall enter into an agreement with the department of 123
rehabilitation and correction under section 5120.161 of the 124
Revised Code for the custody and rehabilitation in the center of 125
persons who are designated by the department, who plead guilty to 126
or are convicted of a felony of the fourth or fifth degree, and 127
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in 128
the center pursuant to an agreement entered into under this 129
division shall be subject to supervision and control in the 131
manner described in section 5120.161 of the Revised Code. This 132
division does not affect the authority of a court to directly 133
sentence a person who is convicted of or pleads guilty to a 134
felony to the center in accordance with section 2929.16 of the
Revised Code. 135
(D)(1) Each board of county commissioners and the 137
legislative authority of each municipal corporation that enters 138
into a contract under division (A) of this section may require a 139
person who was convicted of an offense, who is under the charge 141
of the sheriff of their county or of the officer or officers of 142
the contracting municipal corporation or municipal corporations 143
having charge of persons incarcerated in the municipal jail, 144
workhouse, or other correctional facility, and who is confined in 145
the multicounty, MUNICIPAL-COUNTY, or multicounty-municipal 146
correctional center as provided in that division, to reimburse 147
the applicable county or municipal corporation for its expenses 148
incurred by reason of the person's confinement in the center. 149
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The expenses of confinement include, but are not limited to, the 150
expenses relating to the provision of food, clothing, shelter, 152
medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, 153
and up to two hours of overtime costs the sheriff or municipal 154
corporation incurred relating to the trial of the person. The 156
amount of reimbursement may be the actual cost of the person's 157
confinement plus the authorized trial overtime costs or a lesser 158
amount determined by the board of county commissioners of the 160
county or the legislative authority of the municipal corporation,
provided that the lesser amount shall be determined by a formula 161
that is uniformly applied to persons incarcerated in the center. 162
The amount of reimbursement shall be determined by a court at a 164
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 165
Revised Code if the person is confined for a misdemeanor. The 167
amount or amounts paid in reimbursement by a person confined for 169
a misdemeanor or the amount recovered from a person confined for 170
a misdemeanor by executing upon the judgment obtained pursuant to 171
section 2929.223 of the Revised Code shall be paid into the 172
treasury of the county or municipal corporation that incurred the 173
expenses. If a person is confined for a felony and the court 174
imposes a sanction under section 2929.18 of the Revised Code that 176
requires the person to reimburse the costs of confinement, the 177
prosecuting attorney of the county or the director of law of the 178
municipal corporation shall bring an action to recover the 179
expenses of the confinement in accordance with section 2929.18 of 180
the Revised Code.
(2) Each board of county commissioners and the legislative 182
authority of each municipal corporation that enters into a 183
contract under division (A) of this section may adopt a 184
resolution or ordinance specifying that a person who was 185
convicted of a felony, who is under the charge of the sheriff of 186
their county or of an officer of one of the contracting municipal 187
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corporations having charge of persons incarcerated in the 188
municipal jail, workhouse, or other facility, and who is confined 189
in the multicounty, MUNICIPAL-COUNTY, or multicounty-municipal 190
correctional center as provided in that division is not required 191
to reimburse the applicable county or municipal corporation for 192
its expenses incurred by reason of the person's confinement in 193
the center, including the expenses listed in division (D)(1) of 194
this section. If the boards and legislative authorities adopt a 195
resolution or ordinance of that nature, the boards and 196
legislative authorities shall provide a copy to the courts of 197
common pleas of their counties, and the court that sentences a
person convicted of a felony shall not impose a sanction under 198
section 2929.18 of the Revised Code that requires the person to 199
reimburse the costs of the confinement. 200
(E) In lieu of requiring offenders to reimburse the county 202
for expenses incurred by reason of the person's confinement under 203
division (D) of this section, each board of county commissioners 204
and the legislative authority of each municipal corporation that 205
enters into a contract under division (A) of this section may 206
jointly adopt a prisoner reimbursement policy for the center
pursuant to this section to be administered by the person 207
appointed under division (A) of this section to be in charge of 208
the center. The person in charge may appoint a reimbursement 209
coordinator to administer the center's prisoner reimbursement 210
policy. A prisoner reimbursement policy adopted under this 211
division is a policy that requires a person confined to the
center to reimburse the applicable political subdivisions for any 212
expenses incurred by reason of the person's confinement in the 213
center, which expenses may include, but are not limited to, the 214
following:
(1) A per diem fee for room and board of not more than 216
sixty dollars per day or the actual per diem cost, whichever is 217
less, for the entire period of time the person is confined to the 218
center;
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(2) Actual charges for medical and dental treatment, AND 220
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 221
SECTION 341.26 OF THE REVISED CODE; 222
(3) Reimbursement for government property damaged by the 224
person while confined to the center. 225
Rates charged shall be on a sliding scale determined by the 227
corrections commission based on the ability of the person 228
confined to the center to pay and on consideration of any legal 229
obligation of the person to support a spouse, minor children, or 230
other dependents and any moral obligation to support dependents 231
to whom the person is providing or has in fact provided support. 232
The reimbursement coordinator or another person designated 234
by the person in charge may investigate the financial status of 235
the confined person and obtain information necessary to 236
investigate that status, by means that may include contacting 237
employers and reviewing income tax records. The coordinator may
work with the confined person to create a repayment plan to be 238
implemented upon the person's release. At the end of that 239
person's incarceration, the person shall be presented with a 240
billing statement.
The reimbursement coordinator or another person designated 242
by the person in charge of the center may collect, or the 243
corrections commission may enter into a contract with one or more 244
public agencies or private vendors to collect, any amounts 245
remaining unpaid. Within twelve months after the date of the
confined person's release, the prosecuting attorney, city 247
director of law, or village solicitor of a participating
political subdivision may file a civil action to seek 248
reimbursement from that person for any billing amount that 249
remains unpaid. The participating political subdivisions shall 250
not enforce any judgment obtained under this section by means of 251
execution against the person's homestead. For purposes of this 252
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 253
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under this section shall be credited to the general fund of the 254
political subdivision that bore the expense, to be used for 255
general fund purposes.
(F)(1) Notwithstanding any contrary provision in this 257
section or section 2929.18 or 2929.223 of the Revised Code, the 258
corrections commission of a center may establish a policy that 259
requires any person who is not indigent and who is confined in 260
the multicounty, municipal-county, or multicounty-municipal 261
correctional center to pay a reasonable fee for any medical 262
treatment or service requested by and provided to that person OR
TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) 263
OF SECTION 341.26 OF THE REVISED CODE. This THE fee FOR THE 265
MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of 266
the treatment or service provided. No person confined to a 267
multicounty, municipal-county, or multicounty-municipal
correctional center who is indigent shall be required to pay 268
those fees, and no person who is confined to a correctional 269
center of that type shall be denied any necessary medical care 270
because of inability to pay those fees.
Upon provision of the requested medical treatment or 272
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 273
the required fee may be automatically deducted from a person's 274
account record in the center's business office. If the person 275
has no funds in the person's account, a deduction may be made at 276
a later date during the person's confinement in the center if 277
funds later become available in the person's account. If the 278
person is released from the center and has an unpaid balance of 279
these fees, the corrections commission may bill the person for
payment of the remaining unpaid fees. Fees received for medical 280
treatment or services shall be paid into the commissary fund, if 281
one has been created for the center, or if no such fund exists, 282
into the treasuries of the political subdivisions that incurred 283
the expenses of those treatments and services, in the same 284
proportion as those expenses were borne by those political
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subdivisions. 285
(2) If a person confined to a multicounty, 287
municipal-county, or multicounty-municipal correctional center is 288
required under division (D) or (E) of this section or section 289
2929.18 or 2929.223 of the Revised Code to reimburse a county or 290
municipal corporation for expenses incurred by reason of the 291
person's confinement to the center, any fees paid by the person 292
under division (F)(1) of this section shall be deducted from the 293
expenses required to be reimbursed under division (D) or (E) of 294
this section or section 2929.18 or 2929.223 of the Revised Code.
(G)(1) The corrections commission of a center established 297
under this section may establish a commissary for the center. 298
The commissary may be established either in-house or by another 299
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. 301
A person's purchases from the commissary shall be deducted from 302
the person's account record in the center's business office. The 303
commissary shall provide for the distribution to indigent persons 304
incarcerated in the center of necessary hygiene articles and 305
writing materials.
(2) If a commissary is established, the corrections 307
commission of a center established under this section shall 308
establish a commissary fund for the center. The management of 309
funds in the commissary fund shall be strictly controlled in 310
accordance with procedures adopted by the auditor of state. 311
Commissary fund revenue over and above operating costs and 312
reserve shall be considered profits. All profits from the 313
commissary fund shall be used to purchase supplies and equipment 314
for the benefit of persons incarcerated in the center. The 315
corrections commission shall adopt rules and regulations for the 316
operation of any commissary fund it establishes. 317
(H) In lieu of forming a corrections commission to 319
administer a multicounty correctional center or a 320
municipal-county or multicounty-municipal correctional center, 321
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the boards of county commissioners and the legislative 322
authorities of the municipal corporations contracting to
establish the center may also agree to contract for the private 323
operation and management of the center as provided in section 324
9.06 of the Revised Code, but only if the center houses only 325
misdemeanant inmates. In order to enter into a contract under 326
section 9.06 of the Revised Code, all the boards and legislative 327
authorities establishing the center shall approve and be parties 328
to the contract.
(I) If a person who is convicted of or pleads guilty to an 330
offense is sentenced to a term in a multicounty correctional 331
center or a municipal-county or multicounty-municipal 332
correctional center or is incarcerated in the center in the 333
manner described in division (C) of this section, or if a person 334
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 335
a multicounty correctional center or a municipal-county or 336
multicounty-municipal correctional center pending trial, at the 338
time of reception and at other times the officer, officers, or 339
other person in charge of the operation of the center determines 340
to be appropriate, the officer, officers, or other person in
charge of the operation of the center may cause the convicted or 341
accused offender to be examined and tested for tuberculosis, HIV 342
infection, hepatitis, including but not limited to hepatitis A, 343
B, and C, and other contagious diseases. The officer, officers, 345
or other person in charge of the operation of the center may 346
cause a convicted or accused offender in the center who refuses 347
to be tested or treated for tuberculosis, HIV infection, 348
hepatitis, including but not limited to hepatitis A, B, and C, or 351
another contagious disease to be tested and treated
involuntarily. 352
(J) As used in this section, "multicounty-municipal" means 353
more than one county and a municipal corporation, or more than 354
one municipal corporation and a county, or more than one 355
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municipal corporation and more than one county. 356
Sec. 341.06. (A)(1) In lieu of requiring offenders to 365
reimburse the county for expenses incurred by reason of the 366
person's confinement under section 341.14 or 341.19 of the 367
Revised Code, the board of county commissioners, in an agreement 368
with the sheriff, may adopt a prisoner reimbursement policy for 369
the jail pursuant to this section to be administered in the jail 370
under the sheriff's direction. The sheriff may appoint a
reimbursement coordinator to administer the jail's prisoner 371
reimbursement policy. 372
(2) A prisoner reimbursement policy adopted under this 374
section is a policy that requires a person confined to the jail 375
to reimburse the county for any expenses it incurs by reason of 376
the person's confinement in the jail, which expenses may include, 377
but are not limited to, the following:
(a) A per diem fee for room and board of not more than 379
sixty dollars per day or the actual per diem cost, whichever is 380
less, for the entire period of time the person is confined to the 381
jail;
(b) Actual charges for medical and dental treatment, AND 383
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 384
SECTION 341.26 OF THE REVISED CODE; 385
(c) Reimbursement for county property damaged by the 387
person while confined to the jail. 388
Rates charged shall be on a sliding scale determined by the 390
sheriff with the approval of the board of county commissioners 391
based on the ability of the person confined to the jail to pay 392
and on consideration of any legal obligation of the person to 393
support a spouse, minor children, or other dependents and any 394
moral obligation to support dependents to whom the person is 395
providing or has in fact provided support.
The reimbursement coordinator or another person designated 397
by the sheriff may investigate the financial status of the 398
confined person and obtain information necessary to investigate 399
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that status, by means that may include contacting employers and 400
reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon 401
the person's release. At the end of the person's incarceration, 402
the person shall be presented with a billing statement signed by 403
the sheriff.
(3) The reimbursement coordinator or another person 405
designated by the sheriff may collect, or the sheriff may enter 406
into a contract with one or more public agencies or private 407
vendors to collect, any amounts remaining unpaid. Within twelve 408
months after the date of the confined person's release, the
prosecuting attorney may file a civil action to seek 409
reimbursement from that person for any billing amount that 410
remains unpaid. The county shall not enforce any judgment 411
obtained under this section by means of execution against the
person's homestead. For purposes of this section, "homestead" 412
has the same meaning as in division (A) of section 323.151 of the 413
Revised Code.
(4) Any reimbursement received under division (A)(3) of 415
this section shall be credited to the county's general fund to be 416
used for general fund purposes.
(B)(1) Notwithstanding any contrary provision in this 418
section or section 341.14, 341.19, 2929.18, or 2929.223 of the 420
Revised Code, the board of county commissioners may establish a
policy that requires any person who is not indigent and who is 421
confined in the county's jail under section 341.14 or 341.19 of 422
the Revised Code to pay a reasonable fee for any medical 423
treatment or service requested by and provided to that person OR 424
TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) 425
OF SECTION 341.26 OF THE REVISED CODE. This THE fee FOR THE 426
MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of 427
the treatment or service provided. No person confined to the 429
jail under either section who is indigent shall be required to
pay those fees, and no person who is confined to the jail under 430
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either section shall be denied any necessary medical care because 431
of inability to pay those fees.
Upon provision of the requested medical treatment or 433
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 434
the required fee may be automatically deducted from a person's 435
account record in the jail's business office. If the person has 436
no funds in the person's account, a deduction may be made at a 437
later date during the person's confinement in the jail if funds 438
later become available in the person's account. If the person is 439
released from the jail and has an unpaid balance of these fees, 440
the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical 441
treatment or services shall be paid into the commissary fund, if 442
one has been created for the jail, or if no commissary fund 443
exists, into the county treasury.
(2) If a person confined to the jail under section 341.14 445
or 341.19 of the Revised Code is required under division (A) of 446
this section or section 341.14, 341.19, 2929.18, or 2929.223 of 447
the Revised Code to reimburse the county for expenses incurred by 448
reason of the person's confinement to the jail, any fees paid by 449
the person under division (B)(1) of this section shall be 450
deducted from the expenses required to be reimbursed under 451
division (A) of this section or section 341.14, 341.19, 2929.18,
or 2929.223 of the Revised Code. 452
Sec. 341.21. (A) The board of county commissioners may 461
direct the sheriff to receive into custody prisoners charged with 463
or convicted of crime by the United States, and to keep such
THOSE prisoners until discharged. 464
The board of the county in which prisoners charged with or 466
convicted of crime by the United States may be so committed may 467
negotiate and conclude any contracts with the United States for 468
the use of the jail as provided by this section and as the board 469
sees fit.
A prisoner so committed shall be supported at the expense 471
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of the United States during the prisoner's confinement in the 473
county jail. No greater compensation shall be charged by a 474
sheriff for the subsistence of that type of prisoner than is 475
provided by section 311.20 of the Revised Code to be charged for 476
the subsistence of state prisoners. 477
A sheriff or jailer who neglects or refuses to perform the 479
services and duties directed by the board by reason of this 480
division, shall be liable to the same penalties, forfeitures, and 481
actions as if the prisoner had been committed under the authority 483
of this state.
(B) Prior to the acceptance for housing into the county 485
jail of persons who are designated by the department of 486
rehabilitation and correction, who plead guilty to or are 487
convicted of a felony of the fourth or fifth degree, and who 488
satisfy the other requirements listed in section 5120.161 of the 489
Revised Code, the board of county commissioners shall enter into
an agreement with the department of rehabilitation and correction 490
under section 5120.161 of the Revised Code for the housing in the 491
county jail of persons designated by the department who plead 492
guilty to or are convicted of a felony of the fourth or fifth 493
degree and who satisfy the other requirements listed in that 494
section in exchange for a per diem fee per person. Persons 495
incarcerated in the county jail pursuant to an agreement entered 496
into under this division shall be subject to supervision and 498
control in the manner described in section 5120.161 of the 499
Revised Code. This division does not affect the authority of a 500
court to directly sentence a person who is convicted of or pleads 501
guilty to a felony to the county jail in accordance with section
2929.16 of the Revised Code. 502
(C)(1) Notwithstanding any contrary provision in the 504
Revised Code, the board of county commissioners may establish a 505
policy that requires any person who is not indigent and who is 506
confined in the jail under division (B) of this section to pay a 507
reasonable fee for any medical treatment or service requested by 508
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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 509
CODE. This THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall 510
not exceed the actual cost of the treatment or service requested 511
by and provided to that person. This fee shall not exceed the 512
actual cost of the treatment or service provided. No person 514
confined to the jail who is indigent shall be required to pay
those fees, and no person confined to the jail shall be denied 515
any necessary medical care because of inability to pay those 516
fees.
Upon provision of the requested medical treatment or 518
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 519
the required fee may be automatically deducted from a person's 520
account record in the jail's business office. If the person has 521
no funds in the person's account, a deduction may be made at a 522
later date during the person's confinement in the jail if funds 523
later become available in the person's account. If the person is 524
released from the jail and has an unpaid balance of these fees, 525
the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical 526
treatment or services shall be paid into the commissary fund, if 527
one has been established for the jail or if no such fund exists, 528
into the county treasury.
(2) If a person confined to the jail is required under 530
section 341.06, 2929.18, or 2929.223 of the Revised Code to 531
reimburse the county for expenses incurred by reason of the 532
person's confinement to the jail, any fees paid by the person 533
under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under section 341.06, 2929.18, 535
or 2929.223 of the Revised Code.
(D) If a sheriff receives into custody a prisoner 537
convicted of crime by the United States as described in division 538
(A) of this section, if a person who has been convicted of or 539
pleaded guilty to an offense is incarcerated in the jail in the 540
16
manner described in division (B) of this section, if a sheriff 541
receives into custody a prisoner charged with a crime by the 542
United States and the prisoner has had bail denied or has had 543
bail set, has not been released on bail, and is confined in jail 544
pending trial, or if a person who has been arrested for an 545
offense, and who has been denied bail or has had bail set and has 546
not been released on bail is confined in jail pending trial, at 547
the time of reception and at other times the sheriff or other 548
person in charge of the operation of the jail determines to be 549
appropriate, the sheriff or other person in charge of the
operation of the jail may cause the convicted or accused offender 550
to be examined and tested for tuberculosis, HIV infection, 551
hepatitis, including, but not limited to, hepatitis A, B, and C, 552
and other contagious diseases. The sheriff or other person in 554
charge of the operation of the jail may cause a convicted or 555
accused offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including, but not 556
limited to, hepatitis A, B, and C, or another contagious disease 558
to be tested and treated involuntarily.
Sec. 341.23. (A) The board of county commissioners of any 567
county or the legislative authority of any municipal corporation 568
in which there is no workhouse, may agree with the legislative 569
authority of any municipal corporation or other authority having 570
control of the workhouse of any other city, or with the directors 571
of any district of a joint city and county workhouse or county 572
workhouse, upon terms on which persons convicted of a misdemeanor 573
by any court or magistrate of a county or municipal corporation 574
having no workhouse, may be received into such THAT workhouse, 575
under sentence of the court or magistrate. Such THE board or 576
legislative authority may pay the expenses incurred under the 577
agreement out of the general fund of such THAT county or 578
municipal corporation, upon the certificate of the proper officer 579
of the workhouse.
(B) The sheriff or other officer transporting any person 581
17
to such THE workhouse DESCRIBED IN DIVISION (A) OF THIS SECTION 583
shall receive six cents per mile for the sheriff or officer, 585
going and returning, five cents per mile for transporting the 586
convict, and five cents per mile, going and coming, for the
service of each deputy, to be allowed as in cases in which a 587
person is transported to a state correctional institution. The 588
number of miles shall be computed by the usual routes of travel 589
and, in state cases, shall be paid out of the general fund of the 590
county, on the allowance of the board, and for the violation of 591
the ordinances of any municipal corporation, shall be paid by 592
such THAT municipal corporation on the order of its legislative 593
authority. 594
(C)(1) The board of county commissioners, the directors of 596
the district of a joint city and county workhouse or county 597
workhouse, or the legislative authority of the municipal 598
corporation may require a person who was convicted of an offense 599
and who is confined in a workhouse as provided in division (A) of 601
this section, to reimburse the county, district, or municipal 602
corporation, as the case may be, for its expenses incurred by 603
reason of the person's confinement, including, but not limited 604
to, the expenses relating to the provision of food, clothing, 605
shelter, medical care, personal hygiene products, including, but 606
not limited to, toothpaste, toothbrushes, and feminine hygiene 607
items, and up to two hours of overtime costs the sheriff or 608
municipal corporation incurred relating to the trial of the 609
person. The amount of reimbursement may be the actual cost of 610
the person's confinement plus the authorized trial overtime costs 612
or a lesser amount determined by the board of county 613
commissioners of the county, the directors of the district of the 614
joint city or county workhouse, or the legislative authority of 615
the municipal corporation, provided that the lesser amount shall 616
be determined by a formula that is uniformly applied to persons
incarcerated in the workhouse. The amount of reimbursement shall 617
be determined by a court at a hearing held pursuant to section 618
18
2929.18 of the Revised Code if the person is confined for a 619
felony or section 2929.223 of the Revised Code if the person is 620
confined for a misdemeanor. The amount or amounts paid in 621
reimbursement by a person confined for a misdemeanor or the 622
amount recovered from a person confined for a misdemeanor by
executing upon the judgment obtained pursuant to section 2929.223 623
of the Revised Code shall be paid into the treasury of the 624
county, district, or municipal corporation that incurred the 625
expenses. If a person is confined for a felony and the court 626
imposes a sanction under section 2929.18 of the Revised Code that 627
requires the person to reimburse the costs of confinement, the 628
prosecuting attorney or the municipal chief legal officer shall
bring an action to recover the expenses of confinement, in 629
accordance with section 2929.18 of the Revised Code. 631
(2) The board of county commissioners, the directors of 633
the district of a joint city and county workhouse or county 634
workhouse, or the legislative authority of the municipal 635
corporation may adopt a resolution or ordinance specifying that a 636
person who is convicted of a felony and who is confined in a 637
workhouse as provided in division (A) of this section is not 638
required to reimburse the county, district, or municipal 639
corporation, as the case may be, for its expenses incurred by 640
reason of the person's confinement, including the expenses listed 641
in division (C)(1) of this section. If the board, directors, or 642
legislative authority adopts a resolution or ordinance of that 643
nature, the board, directors, or legislative authority shall 644
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 645
impose a sanction under section 2929.18 of the Revised Code that 646
requires the person to reimburse the costs of the confinement. 647
(D) In lieu of requiring offenders to reimburse the 649
political subdivision for expenses incurred by reason of the 650
person's confinement under division (C) of this section, the 651
board of county commissioners, the directors of the district of 652
19
joint city and county workhouse or county workhouse, or the
legislative authority of the municipal corporation having control 653
of the workhouse may adopt a prisoner reimbursement policy for 654
the workhouse under this division. A THE BOARD, DIRECTORS, OR 655
AUTHORITY MAY APPOINT A reimbursement coordinator may be 656
appointed to administer the prisoner reimbursement policy. A 657
prisoner reimbursement policy adopted under this division is a 658
policy that requires a person confined to the workhouse to
reimburse the political subdivision responsible for paying 659
prisoner expenses for any expenses it incurs by reason of the 660
person's confinement in the workhouse, which expenses may 661
include, but are not limited to, the following:
(1) A per diem fee for room and board of not more than 663
sixty dollars per day or the actual per diem cost, whichever is 664
less, for the entire period of time the person is confined to the 665
workhouse;
(2) Actual charges for medical and dental treatment, AND 667
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 668
SECTION 341.26 OF THE REVISED CODE; 669
(3) Reimbursement for government property damaged by the 671
person while confined to the workhouse. 672
Rates charged shall be on a sliding scale determined by the 674
board of county commissioners, the directors of the district of 675
joint city and county workhouse or county workhouse, or the 676
legislative authority of the municipal corporation having control 677
of the workhouse, based on the ability of the person confined to 678
the workhouse to pay and on consideration of any legal obligation 679
of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom 680
the person is providing or has in fact provided support. 681
The reimbursement coordinator or another person designated 683
by the administrator of the workhouse may investigate the 684
financial status of the person and obtain information necessary 685
to investigate that status, by means that may include contacting 686
20
employers and reviewing income tax records. The coordinator may 687
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the 688
person's incarceration, the person shall be presented with a 689
billing statement.
The reimbursement coordinator or another appointed person 691
may collect, or the board of county commissioners, the directors 692
of the district of joint city and county workhouse or county 693
workhouse, or the legislative authority of the municipal 694
corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to 695
collect, any amounts remaining unpaid. Within twelve months 696
after the date of the confined person's release, the prosecuting 697
attorney, city director of law, village solicitor, or attorney 698
for the district may file a civil action to seek reimbursement 699
from that person for any billing amount that remains unpaid. The 700
political subdivision shall not enforce any judgment obtained
under this section by means of execution against the person's 701
homestead. For purposes of this section, "homestead" has the 702
same meaning as in division (A) of section 323.151 of the Revised 703
Code. Any reimbursement received under this section shall be 704
credited to the general fund of the political subdivision that
bore the expense, to be used for general fund purposes. 705
(E)(1) Notwithstanding any contrary provision in this 707
section or section 2929.18 or 2929.223 of the Revised Code, the 708
appropriate board of county commissioners and legislative 709
authorities may include in their agreement entered into under 710
division (A) of this section a policy that requires any person 711
who is not indigent and who is confined in the county, city,
district, or joint city and county workhouse under this section 712
to pay a reasonable fee for any medical treatment or service 713
requested by and provided to that person OR TO PAY THE FEE FOR A 714
RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION 341.26 OF 715
THE REVISED CODE. This THE fee FOR THE MEDICAL TREATMENT OR 716
21
SERVICE shall not exceed the actual cost of the treatment or 717
service provided. No person confined to a county, city, 718
district, or joint city and county workhouse under this section 719
who is indigent shall be required to pay those fees, and no 720
person confined to any workhouse of that type shall be denied any 721
necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or 723
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 724
the required fee may be automatically deducted from a person's 725
account record in the workhouse's business office. If the person 726
has no funds in the person's account, a deduction may be made at 727
a later date during the person's confinement in the workhouse if 728
funds later become available in the person's account. If the 729
person is released from the workhouse and has an unpaid balance 730
of these fees, the appropriate board of county commissioners and
legislative authorities may bill the person for payment of the 731
remaining unpaid fees in the same proportion as those expenses 732
were borne by the political subdivision issuing the billing 733
statement. Fees received for medical treatment or services shall 734
be paid into the commissary fund, if one has been created for the 735
workhouse, or if no such fund exists, into the treasuries of the 736
political subdivisions that incurred the expenses of those
treatments or services in the same proportion as those expenses 737
were borne by these political subdivisions. 738
(2) If a person confined to a county, city, district, or 740
joint city and county workhouse is required under division (C) or 741
(D) of this section or section 2929.18 or 2929.223 of the Revised 742
Code to reimburse a county or municipal corporation for expenses 743
incurred by reason of the person's confinement to the workhouse, 744
any fees paid by the person under division (E)(1) of this section 745
shall be deducted from the expenses required to be reimbursed 746
under division (C) or (D) of this section or section 2929.18 or
2929.223 of the Revised Code. 747
(F) If a person who has been convicted of or pleaded 749
22
guilty to an offense is incarcerated in the workhouse as provided 750
in division (A) of this section, at the time of reception and at 752
other times the person in charge of the operation of the 753
workhouse determines to be appropriate, the person in charge of 755
the operation of the workhouse may cause the convicted offender 756
to be examined and tested for tuberculosis, HIV infection, 758
hepatitis, including but not limited to hepatitis A, B, and C, 759
and other contagious diseases. The person in charge of the 761
operation of the workhouse may cause a convicted offender in the 762
workhouse who refuses to be tested or treated for tuberculosis, 764
HIV infection, hepatitis, including but not limited to hepatitis 765
A, B, and C, or another contagious disease to be tested and 767
treated involuntarily.
Sec. 341.26. (A) AS USED IN THIS SECTION: 769
(1) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 772
SECTION 5120.63 OF THE REVISED CODE. 774
(2) "PRISONER" MEANS A PERSON CONFINED IN A JAIL OR 776
MULTICOUNTY CORRECTIONAL CENTER FOLLOWING A CONVICTION OF OR PLEA 777
OF GUILTY TO A CRIMINAL OFFENSE. 778
(B) THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY, WITH 780
THE CONSENT OF THE SHERIFF OF THE COUNTY, OR THE BOARDS OF COUNTY 781
COMMISSIONERS OF TWO OR MORE ADJACENT COUNTIES THAT HAVE JOINTLY 782
ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO SECTION 783
307.93 OF THE REVISED CODE, WITH THE CONSENT OF THE SHERIFFS OF 786
THOSE ADJACENT COUNTIES, MAY ENTER INTO A CONTRACT WITH A
LABORATORY OR ENTITY TO PERFORM BLOOD OR URINE SPECIMEN 787
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION, 788
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED IN 789
THE PERFORMANCE OF RANDOM DRUG TESTING OF PRISONERS. THE TERMS 790
OF ANY CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A 791
REQUIREMENT THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE 792
SHERIFF, DEPUTY SHERIFFS, THE CORRECTIONS COMMISSION OR THE 793
ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL CENTER SPECIFIED IN 794
DIVISION (D) OF THIS SECTION, THE EMPLOYEES OF THE JAIL AND 795
23
MULTICOUNTY CORRECTIONAL CENTER, AND ALL OTHER PERSONS COMPLY 796
WITH THE STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS 797
SPECIFIED IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION. 798
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A LABORATORY OR 801
ENTITY UNDER DIVISION (B) OF THIS SECTION, A BOARD OF COUNTY 803
COMMISSIONERS OR, IN THE CASE OF A MULTICOUNTY CORRECTIONAL 804
CENTER, THE BOARDS OF COUNTY COMMISSIONERS OF THE COUNTIES THAT 805
HAVE ESTABLISHED THE CENTER SHALL ADOPT RULES FOR THE RANDOM DRUG 806
TESTING OF PRISONERS. THE RULES SHALL INCLUDE, BUT ARE NOT 807
LIMITED TO, PROVISIONS THAT DO THE FOLLOWING:
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK, OBTAIN, AND 810
MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG ABUSE; 811
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 813
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING 814
THE FOLLOWING: 815
(a) THE COLLECTION BY THE LABORATORY OR ENTITY OF BLOOD OR 818
URINE SPECIMENS OF INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY 819
APPROVED MANNER AND UNDER REASONABLE AND SANITARY CONDITIONS; 820
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 822
OF BLOOD OR URINE SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF 824
THE INDIVIDUAL BEING TESTED AND IN A MANNER REASONABLY CALCULATED 825
TO PREVENT SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND 826
TESTING OF THE SPECIMENS; 827
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 829
COLLECTED BY THE LABORATORY OR ENTITY AND DOCUMENTATION 831
PROCEDURES THAT REASONABLY PRECLUDE THE POSSIBILITY OF ERRONEOUS 832
IDENTIFICATION OF TEST RESULTS AND THAT PROVIDE THE INDIVIDUAL 833
BEING TESTED AN OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING 834
ANY PRESCRIPTION OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL 835
IN CONNECTION WITH A MEDICAL CONDITION; 836
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 838
TRANSPORTATION BY THE LABORATORY OR ENTITY OF BLOOD OR URINE 840
SPECIMENS IN A MANNER THAT REASONABLY PRECLUDES THE POSSIBILITY 841
OF CONTAMINATION OR ADULTERATION OF THE SPECIMENS; 842
24
(e) THE TESTING BY THE LABORATORY OR ENTITY OF A BLOOD OR 845
URINE SPECIMEN OF AN INDIVIDUAL TO DETERMINE WHETHER THE 846
INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, IN A 847
MANNER THAT CONFORMS TO SCIENTIFICALLY ACCEPTED ANALYTICAL 848
METHODS AND PROCEDURES AND THAT MAY INCLUDE VERIFICATION OR 849
CONFIRMATION OF ANY POSITIVE TEST RESULT BY A RELIABLE ANALYTICAL 850
METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 852
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO IS 854
QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM THAT 855
ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD 856
OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE 857
AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 858
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 860
TESTING ON PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL 861
CENTER; 862
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 864
SELECTION OF PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL 865
CENTER TO SUBMIT TO RANDOM DRUG TESTING UNDER THIS SECTION; 867
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR TRANSMITTING THE 869
RESULTS OF THE RANDOM DRUG TESTING OF PRISONERS IN THE JAIL OR 870
MULTICOUNTY CORRECTIONAL CENTER FROM THE CONTRACTING LABORATORY 871
OR ENTITY TO THE SHERIFF, THE CORRECTIONS COMMISSION, OR THE 872
ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO 873
DIVISION (E) OF THIS SECTION; 874
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 876
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A 877
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH 879
PROCEDURES PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE 880
COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO THE DRUG 882
TESTS.
(D) IF A BOARD OF COUNTY COMMISSIONERS ENTERS INTO A 884
CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE SHERIFF OF 887
25
THAT COUNTY, PURSUANT TO THE TERMS OF THE CONTRACT AND THE RULES 888
ADOPTED UNDER DIVISION (C) OF THIS SECTION, SHALL FACILITATE THE 890
COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION BY THE 891
CONTRACTING LABORATORY OR ENTITY OF THE BLOOD OR URINE SPECIMENS 892
OF THE PRISONERS WHO ARE CONFINED IN THE JAIL AND WHO ARE SUBJECT 893
TO RANDOM DRUG TESTING. IF THE BOARDS OF COUNTY COMMISSIONERS 894
THAT HAVE JOINTLY ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER 895
ENTER INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, 896
THE CORRECTIONS COMMISSION OR THE ADMINISTRATOR OF THE 897
MULTICOUNTY CORRECTIONAL CENTER, PURSUANT TO THE TERMS OF THE 898
CONTRACT AND THE RULES ADOPTED UNDER DIVISION (C) OF THIS 900
SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION, 901
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR 902
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE PRISONERS WHO ARE 903
CONFINED IN THE MULTICOUNTY CORRECTIONAL CENTER AND WHO ARE 904
SUBJECT TO RANDOM DRUG TESTING. 905
(E) IF A COUNTY OR TWO OR MORE ADJACENT COUNTIES ENTER 907
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE 909
CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING 910
AS PROVIDED IN THE CONTRACT, THE LABORATORY OR ENTITY SHALL 911
TRANSMIT THE RESULTS OF THE DRUG TESTS TO THE SHERIFF,
CORRECTIONS COMMISSION, OR ADMINISTRATOR WHO FACILITATED THE 914
COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION OF 915
BLOOD OR URINE SPECIMENS UNDER DIVISION (D) OF THIS SECTION. THE 916
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL FILE FOR 917
RECORD THE RESULTS OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER 919
OR NOT EACH PRISONER WHO IS CONFINED IN THE JAIL OR MULTICOUNTY 920
CORRECTIONAL CENTER AND WHO WAS SUBJECTED TO THE DRUG TEST 921
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE SHERIFF, 922
CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL GIVE APPROPRIATE 923
NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER WHO WAS 924
SUBJECTED TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS INDICATE 925
THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 926
THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL 927
26
AFFORD THAT PRISONER AN OPPORTUNITY TO BE HEARD REGARDING THE 928
RESULTS OF THE DRUG TEST AND TO PRESENT CONTRARY EVIDENCE AT A 929
HEARING HELD BEFORE THE SHERIFF, CORRECTIONS COMMISSION, OR 930
ADMINISTRATOR WITHIN THIRTY DAYS AFTER NOTIFICATION OF THE 931
PRISONER UNDER THIS DIVISION. AFTER THE HEARING, IF A HEARING IS 932
HELD, THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL 933
MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY THE 935
PRISONER. IF THE SHERIFF, CORRECTIONS COMMISSION, OR 936
ADMINISTRATOR REJECTS THE EVIDENCE PRESENTED BY THE PRISONER AT 937
THE HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE 938
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR MAY ASSESS A 939
REASONABLE FEE, DETERMINED PURSUANT TO DIVISION (C) OF THIS 941
SECTION, FOR THE COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE 942
PAID BY THE PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE 943
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 944
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR MAY COLLECT THE 945
FEE PURSUANT TO SECTION 307.93, 341.06, 341.21, OR 341.23 OF THE 946
REVISED CODE. 947
Sec. 753.02. (A) The legislative authority of a municipal 956
corporation shall provide by ordinance for sustaining all persons 957
sentenced to or confined in a prison or station house at the 958
expense of the municipal corporation, and in counties where 959
prisons or station houses are in quarters leased from the board 960
of county commissioners, may contract with the board for the care 961
and maintenance of such THOSE persons by the sheriff or other 962
person charged with the care and maintenance of county prisoners. 963
On the presentation of bills for food, sustenance, and necessary 964
supplies, to the proper officer, certified by such THE person as 966
WHOM the legislative authority designates, the officer shall
audit the bills under the rules prescribed by the legislative 968
authority, and draw the officer's order on the treasurer of the 969
municipal corporation in favor of the person presenting the bill. 970
(B)(1) The legislative authority of the municipal 972
corporation may require a person who was convicted of an offense 973
27
and who is confined in a prison or station house as provided in 974
division (A) of this section, or a person who was convicted of an 975
offense and who is confined in the county jail as provided in 976
section 1905.35 of the Revised Code, to reimburse the municipal 977
corporation for its expenses incurred by reason of the person's 978
confinement, including, but not limited to, the expenses relating 979
to the provision of food, clothing, shelter, medical care, 981
personal hygiene products, including, but not limited to, 982
toothpaste, toothbrushes, and feminine hygiene items, and up to 983
two hours of overtime costs the sheriff or municipal corporation
incurred relating to the trial of the person. The amount of 984
reimbursement may be the actual cost of the prisoner's 985
confinement plus the authorized trial overtime costs or a lesser 986
amount determined by the legislative authority of the municipal 987
corporation, provided that the lesser amount shall be determined 988
by a formula that is uniformly applied to persons incarcerated in 989
the prison, station house, or county jail. The amount of 990
reimbursement shall be determined by a court at a hearing held 991
pursuant to section 2929.18 of the Revised Code if the person is 992
confined for a felony or section 2929.223 of the Revised Code if 993
the person is confined for a misdemeanor. The amount or amounts 995
paid in reimbursement by a person confined for a misdemeanor or 996
the amount recovered from a person confined for a misdemeanor by 997
executing upon the judgment obtained pursuant to section 2929.223 998
of the Revised Code shall be paid into the treasury of the 999
municipal corporation. If a person is confined for a felony and 1,000
the court imposes a sanction under section 2929.18 of the Revised 1,001
Code that requires the person to reimburse the costs of 1,002
confinement, the village solicitor, city director of law, or
other chief legal officer shall bring an action to recover the 1,003
expenses of confinement in accordance with section 2929.18 of the 1,004
Revised Code. 1,005
(2) The legislative authority of the municipal corporation 1,007
may adopt an ordinance specifying that a person who is convicted 1,008
28
of a felony and who is confined in a prison or station house as 1,009
provided in division (A) of this section is not required to 1,010
reimburse the municipal corporation for its expenses incurred by 1,011
reason of the person's confinement, including the expenses listed 1,012
in division (B)(1) of this section. If the legislative authority 1,014
adopts an ordinance of that nature, the legislative authority
shall provide a copy to the court of common pleas of the county, 1,015
and the court that sentences a person convicted of a felony shall 1,016
not impose a sanction under section 2929.18 of the Revised Code 1,017
that requires the person to reimburse the costs of the 1,018
confinement.
(C) In lieu of requiring offenders to reimburse the 1,020
municipal corporation for expenses incurred by reason of the 1,021
person's confinement under division (B) of this section, the 1,022
legislative authority of the municipal corporation may adopt a 1,023
prisoner reimbursement policy for the prison or station house
under this division. The prison or station house administrator 1,024
may appoint a reimbursement coordinator to administer the 1,025
prisoner reimbursement policy. A prisoner reimbursement policy 1,026
adopted under this division is a policy that requires a person 1,027
confined to the prison or station house to reimburse the
municipal corporation for any expenses it incurs by reason of the 1,028
person's confinement in the prison or station house, which 1,029
expenses may include, but are not limited to, the following: 1,030
(1) A per diem fee for room and board of not more than 1,032
sixty dollars per day or the actual per diem cost, whichever is 1,033
less, for the entire period of time the person is confined to the 1,034
prison or station house;
(2) Actual charges for medical and dental treatment, AND 1,036
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 1,037
SECTION 753.33 OF THE REVISED CODE; 1,038
(3) Reimbursement for municipal property damaged by the 1,040
person while confined to the prison or station house. 1,041
Rates charged shall be on a sliding scale determined by the 1,043
29
legislative authority of the municipal corporation, based on the 1,044
ability of the person confined to the prison or station house to 1,045
pay and on consideration of any legal obligation of the person to 1,046
support a spouse, minor children, or other dependents and any 1,047
moral obligation to support dependents to whom the person is 1,048
providing or has in fact provided support.
The reimbursement coordinator or another appointed person 1,050
may investigate the financial status of the confined person and 1,051
obtain information necessary to investigate that status, by means 1,052
that may include contacting employers and reviewing income tax 1,053
records. The coordinator may work with the confined person to 1,054
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,055
shall be presented with a billing statement. 1,056
The reimbursement coordinator or another appointed person 1,058
may collect, or the legislative authority of the municipal 1,059
corporation may enter into a contract with one or more public 1,060
agencies or private vendors to collect, any amounts remaining 1,061
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,062
other attorney for the municipal corporation may file a civil 1,063
action to seek reimbursement from that person for any billing 1,064
amount that remains unpaid. The municipal corporation shall not 1,065
enforce any judgment obtained under this section by means of 1,066
execution against the person's homestead. For purposes of this 1,067
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,068
under this section shall be credited to the general fund of the 1,069
municipal corporation that bore the expense, to be used for 1,070
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,072
section or section 2929.18 or 2929.223 of the Revised Code, the 1,073
legislative authority of the municipal corporation may establish 1,074
a policy that requires any person who is not indigent and who is 1,075
30
confined in a prison or station house to pay a reasonable fee for 1,076
any medical treatment or service requested by and provided to 1,077
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 1,078
THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed the 1,080
actual cost of the treatment or service provided. No person 1,081
confined to a prison or station house who is indigent shall be 1,082
required to pay those fees, and no person confined to a prison or 1,083
station house shall be denied any necessary medical care because 1,084
of inability to pay those fees.
Upon provision of the requested medical treatment or 1,086
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,087
the required fee may be automatically deducted from a person's 1,088
account record in the prison or station house's business office. 1,089
If the person has no funds in the person's account, a deduction 1,090
may be made at a later date during the person's confinement in 1,091
the prison or station house if funds later become available in 1,092
the person's account. If the person is released from the prison
or station house and has an unpaid balance of these fees, the 1,093
legislative authority may bill the person for payment of the 1,094
remaining unpaid fees. Fees received for medical treatment or 1,095
services shall be paid into the commissary fund, if one has been 1,096
created for the prison or station house, or if no such fund 1,097
exists, into the municipal treasury.
(2) If a person confined to a prison or station house is 1,099
required under division (B) or (C) of this section or section 1,100
2929.18 or 2929.223 of the Revised Code to reimburse the 1,101
municipal corporation for expenses incurred by reason of the 1,102
person's confinement to the prison or station house, any fees
paid by the person under division (D)(1) of this section shall be 1,103
deducted from the expenses required to be reimbursed under 1,104
division (B) or (C) of this section or section 2929.18 or 1,105
2929.223 of the Revised Code.
(E) If a person who has been convicted of or pleaded 1,107
31
guilty to an offense is sentenced to a term of imprisonment in a 1,108
prison or station house as described in division (A) of this 1,109
section, or if a person who has been arrested for an offense, and 1,110
who has been denied bail or has had bail set and has not been 1,111
released on bail is confined in a prison or station house as
described in division (A) of this section pending trial, at the 1,113
time of reception and at other times the person in charge of the 1,115
operation of the prison or station house determines to be 1,116
appropriate, the person in charge of the operation of the prison 1,117
or station house may cause the convicted or accused offender to
be examined and tested for tuberculosis, HIV infection, 1,119
hepatitis, including, but not limited to, hepatitis A, B, and C, 1,120
and other contagious diseases. The person in charge of the 1,122
operation of the prison or station house may cause a convicted or 1,123
accused offender in the prison or station house who refuses to be
tested or treated for tuberculosis, HIV infection, hepatitis, 1,125
including, but not limited to, hepatitis A, B, and C, or another 1,126
contagious disease to be tested and treated involuntarily. 1,127
Sec. 753.04. (A) When a person over sixteen years of age 1,136
is convicted of an offense under the law of this state or an 1,137
ordinance of a municipal corporation, and the tribunal before 1,138
which the conviction is had is authorized by law to commit the 1,139
offender to the county jail or municipal corporation prison, the 1,140
court, mayor, or judge of the county court, as the case may be, 1,141
may sentence the offender to a workhouse. 1,142
When a commitment is made from a municipal corporation or 1,144
township in the county, other than in a municipal corporation 1,145
having a workhouse, the legislative authority of the municipal 1,146
corporation or the board of township trustees shall transmit with 1,147
the mittimus a sum of money equal to not less than seventy cents 1,148
per day for the time of the commitment, to be placed in the hands 1,149
of the superintendent of a workhouse for the care and maintenance 1,150
of the prisoner. 1,151
(B)(1) The legislative authority of the municipal 1,153
32
corporation or the board of township trustees may require a 1,154
person who is convicted of an offense and who is confined in a 1,156
workhouse as provided in division (A) of this section, to 1,157
reimburse the municipal corporation or the township, as the case 1,158
may be, for its expenses incurred by reason of the person's 1,159
confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical care, 1,161
personal hygiene products, including, but not limited to,
toothpaste, toothbrushes, and feminine hygiene items, and up to 1,162
two hours of overtime costs the sheriff or municipal corporation 1,163
incurred relating to the trial of the person. The amount of 1,164
reimbursement may be the actual cost of the prisoner's 1,165
confinement plus the authorized trial overtime costs or a lesser 1,166
amount determined by the legislative authority of the municipal 1,167
corporation or board of township trustees, provided that the 1,168
lesser amount shall be determined by a formula that is uniformly 1,169
applied to persons incarcerated in the workhouse. The amount of 1,170
reimbursement shall be determined by a court at a hearing held 1,171
pursuant to section 2929.18 of the Revised Code if the person is 1,173
confined for a felony or section 2929.223 of the Revised Code if 1,174
the person is confined for a misdemeanor. The amount or amounts 1,176
paid in reimbursement by a person confined for a misdemeanor or 1,178
the amount recovered from a person confined for a misdemeanor by 1,180
executing upon the judgment obtained pursuant to section 2929.223 1,181
of the Revised Code shall be paid into the treasury of the
municipal corporation or township that incurred the expenses. If 1,182
a person is confined for a felony and the court imposes a 1,184
sanction under section 2929.18 of the Revised Code that requires 1,185
the person to reimburse the costs of confinement, the city 1,187
director of law, village solicitor, or other chief legal officer
shall bring an action to recover the expenses of confinement in 1,188
accordance with section 2929.18 of the Revised Code. 1,189
(2) The legislative authority of a municipal corporation 1,191
or the board of township trustees may adopt an ordinance or 1,192
33
resolution specifying that a person who is convicted of a felony 1,193
and who is confined in a workhouse as provided in division (A) of 1,194
this section is not required to reimburse the municipal 1,195
corporation or the township, as the case may be, for its expenses 1,196
incurred by reason of the person's confinement, including the 1,197
expenses listed in division (B)(1) of this section. If the 1,198
legislative authority or board adopts a resolution of that 1,199
nature, the legislative authority or board shall provide a copy 1,200
to the court of common pleas of the county, and the court that 1,201
sentences a person convicted of a felony shall not impose a 1,202
sanction under section 2929.18 of the Revised Code that requires 1,203
the person to reimburse the costs of the confinement. 1,204
(C) In lieu of requiring offenders to reimburse the 1,206
political subdivision for expenses incurred by reason of the 1,207
person's confinement in a municipal workhouse under division (B) 1,208
of this section or under division (C) of section 753.16 of the 1,209
Revised Code, the legislative authority of the municipal
corporation may adopt a prisoner reimbursement policy for the 1,210
workhouse under this division. A THE LEGISLATIVE AUTHORITY OF 1,211
THE MUNICIPAL CORPORATION MAY APPOINT A reimbursement coordinator 1,212
may be appointed to administer the prisoner reimbursement policy. 1,213
A prisoner reimbursement policy adopted under this division is a 1,215
policy that requires a person confined to the municipal workhouse 1,216
to reimburse any expenses it incurs by reason of the person's 1,217
confinement in the workhouse, which expenses may include, but are
not limited to, the following: 1,218
(1) A per diem fee for room and board of not more than 1,220
sixty dollars per day or the actual per diem cost, whichever is 1,221
less, for the entire period of time the person is confined to the 1,222
workhouse;
(2) Actual charges for medical and dental treatment, AND 1,224
THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF 1,225
SECTION 753.33 OF THE REVISED CODE; 1,226
(3) Reimbursement for municipal property damaged by the 1,228
34
person while confined to the workhouse. 1,229
Rates charged shall be on a sliding scale determined by the 1,231
legislative authority of the municipal corporation based on the 1,232
ability of the person confined to the workhouse to pay and on 1,233
consideration of any legal obligation of the person to support a 1,234
spouse, minor children, or other dependents and any moral 1,235
obligation to support dependents to whom the person is providing
or has in fact provided support. 1,236
The reimbursement coordinator or another workhouse employee 1,238
may investigate the financial status of the confined person and 1,239
obtain information necessary to investigate that status, by means 1,240
that may include contacting employers and reviewing income tax 1,241
records. The coordinator may work with the confined person to 1,242
create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person 1,243
shall be presented with a billing statement. 1,244
The reimbursement coordinator or another workhouse employee 1,246
may collect, or the legislative authority of the municipal 1,247
corporation may enter into a contract with one or more public 1,248
agencies or private vendors to collect, any amounts remaining 1,249
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or 1,250
other attorney for the municipal corporation may file a civil 1,251
action to seek reimbursement from that person for any billing 1,252
amount that remains unpaid. The municipal corporation shall not 1,253
enforce any judgment obtained under this section by means of 1,254
execution against the person's homestead. For purposes of this 1,255
section, "homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code. Any reimbursement received 1,256
under this section shall be credited to the general fund of the 1,257
political subdivision that bore the expense, to be used for 1,258
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this 1,260
section or section 2929.18 or 2929.223 of the Revised Code, the 1,261
35
legislative authority of the municipal corporation or board of 1,262
township trustees may establish a policy that requires any person 1,263
who is not indigent and who is confined in the workhouse under 1,264
division (A) of this section to pay a reasonable fee for any
medical treatment or service requested by and provided to that 1,265
person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER 1,266
DIVISION (E) OF SECTION 753.33 OF THE REVISED CODE. This THE fee 1,268
FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed the actual 1,269
cost of the treatment or service provided. No person confined to 1,270
a workhouse who is indigent shall be required to pay those fees, 1,271
and no person confined to a workhouse shall be denied any
necessary medical care because of inability to pay those fees. 1,272
Upon provision of the requested medical treatment or 1,274
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,275
the required fee may be automatically deducted from a person's 1,276
account record in the workhouse's business office. If the person 1,277
has no funds in the person's account, a deduction may be made at 1,278
a later date during the person's confinement in the center if 1,279
funds later become available in the person's account. If the 1,280
person is released from the workhouse and has an unpaid balance 1,281
of these fees, the legislative authority or board of township
trustees may bill the person for payment of the remaining unpaid 1,282
fees. Fees received for medical treatment or services shall be 1,283
paid into the commissary fund, if one has been created for the 1,284
workhouse, or if no such fund exists, into the treasury of the 1,285
municipal corporation or township.
(2) If a person confined to a workhouse under division (A) 1,287
of this section is required under division (B) of this section or 1,288
section 2929.18 or 2929.223 of the Revised Code to reimburse 1,289
medical expenses incurred by reason of the person's confinement 1,290
to the workhouse, any fees paid by the person under division 1,291
(D)(1) of this section shall be deducted from the expenses 1,292
required to be reimbursed under division (B) of this section or 1,293
section 2929.18 or 2929.223 of the Revised Code. 1,294
36
(E) If a person who has been convicted of or pleaded 1,296
guilty to an offense is incarcerated in a workhouse or if a 1,297
person who has been arrested for an offense, and who has not been 1,298
denied bail or has had bail set and has not been released on bail 1,299
is confined in a workhouse pending trial, at the time of 1,300
reception and at other times the person in charge of the 1,302
operation of the workhouse determines to be appropriate, the 1,303
person in charge of the operation of the workhouse may cause the 1,304
convicted or accused offender to be examined and tested for 1,306
tuberculosis, HIV infection, hepatitis, including, but not 1,307
limited to, hepatitis A, B, and C, and other contagious diseases. 1,309
The person in charge of the operation of the workhouse may cause 1,310
a convicted or accused offender in the workhouse who refuses to 1,311
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,312
including, but not limited to, hepatitis A, B, and C, or another 1,313
contagious disease to be tested and treated involuntarily. 1,315
Sec. 753.16. (A) Any city or district having a workhouse 1,324
may receive as inmates of the workhouse persons sentenced or 1,325
committed to it from counties other than the one in which the 1,326
workhouse is situated, upon such THE terms and during such THE 1,328
length of time as agreed upon by the boards of county 1,329
commissioners of such THOSE counties, or by the legislative 1,330
authority of a municipal corporation in such THOSE counties and 1,331
the legislative authority of the city, or the board of the 1,332
district workhouse, or other authority having the management and 1,333
control of the workhouse. Prisoners so received shall in all 1,334
respects be and remain under the control of such THAT authority, 1,335
and SHALL BE subject to the rules and discipline of the workhouse 1,336
TO WHICH the same as other prisoners detained there IN THE 1,337
WORKHOUSE ARE SUBJECT.
(B) Prior to the acceptance for housing into a jail or 1,339
workhouse of persons who are designated by the department of 1,340
rehabilitation and correction, who plead guilty to or are 1,341
convicted of a felony of the fourth or fifth degree, and who 1,342
37
satisfy the other requirements listed in section 5120.161 of the 1,343
Revised Code, the legislative authority of a municipal
corporation having a jail or workhouse, or the joint board 1,344
managing and controlling a workhouse for the joint use of a 1,345
municipal corporation and a county shall enter into an agreement 1,346
with the department of rehabilitation and correction under 1,347
section 5120.161 of the Revised Code for the housing in the jail 1,348
or workhouse of persons who are designated by the department, who 1,349
plead guilty to or are convicted of a felony of the fourth or 1,350
fifth degree, and who satisfy the other requirements listed in 1,351
that section, in exchange for a per diem fee per person. Persons 1,352
incarcerated in the jail or workhouse pursuant to such an 1,353
agreement OF THAT NATURE shall be subject to supervision and 1,354
control in the manner described in section 5120.161 of the 1,355
Revised Code. This division does not affect the authority of a 1,356
court to directly sentence a person who is convicted of or pleads 1,357
guilty to a felony to the jail or workhouse in accordance with
section 2929.16 of the Revised Code. 1,358
(C)(1) The board of county commissioners, the legislative 1,360
authority of the municipal corporation, or the board or other 1,361
managing authority of the district workhouse may require a person 1,362
who was convicted of an offense and who is confined in the 1,364
workhouse as provided in division (A) of this section, to 1,365
reimburse the county, municipal corporation, or district, as the 1,366
case may be, for its expenses incurred by reason of the person's 1,367
confinement, including, but not limited to, the expenses relating 1,368
to the provision of food, clothing, shelter, medical care, 1,369
personal hygiene products, including, but not limited to, 1,370
toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation 1,371
incurred relating to the trial of the person. The amount of 1,373
reimbursement may be the actual cost of the person's confinement 1,375
plus the authorized trial overtime costs or a lesser amount
determined by the board of county commissioners for the county, 1,377
38
the legislative authority of the municipal corporation, or the
board or other managing authority of the district workhouse, 1,378
provided that the lesser amount shall be determined by a formula 1,379
that is uniformly applied to persons incarcerated in the 1,380
workhouse. The amount of reimbursement shall be determined by a 1,381
court at a hearing held pursuant to section 2929.18 of the
Revised Code if the person is confined for a felony or section 1,383
2929.223 of the Revised Code if the person is confined for a 1,384
misdemeanor. The amount or amounts paid in reimbursement by a 1,386
person confined for a misdemeanor or the amount recovered from a 1,388
person confined for a misdemeanor by executing upon the judgment 1,390
obtained pursuant to section 2929.223 of the Revised Code shall
be paid into the treasury of the county, municipal corporation, 1,391
or district that incurred the expenses. If a person is confined 1,392
for a felony and the court imposes a sanction under section 1,393
2929.18 of the Revised Code that requires the person to reimburse 1,394
the costs of confinement, the prosecuting attorney or municipal 1,396
chief legal officer shall bring an action to recover the expenses 1,397
of confinement in accordance with section 2929.18 of the Revised 1,398
Code.
(2) The board of county commissioners, the legislative 1,400
authority of the municipal corporation, or the board or other 1,401
managing authority of the district workhouse may adopt a 1,402
resolution or ordinance specifying that a person who is convicted 1,403
of a felony and who is confined in the workhouse as provided in 1,404
division (A) of this section is not required to reimburse the 1,405
county, municipal corporation, or district, as the case may be, 1,406
for its expenses incurred by reason of the person's confinement,
including the expenses listed in division (C)(1) of this section. 1,408
If the board, legislative authority, or managing authority adopts 1,409
a resolution of that nature, the board, legislative authority, or 1,410
managing authority shall provide a copy to the court of common 1,411
pleas of the county, and the court that sentences a person 1,412
convicted of a felony shall not impose a sanction under section 1,413
39
2929.18 of the Revised Code that requires the person to reimburse 1,414
the costs of the confinement. 1,415
(D)(1) Notwithstanding any contrary provision in this 1,417
section or section 2929.223 of the Revised Code, the board of 1,418
county commissioners, the legislative authority of a municipal 1,419
corporation, or the board or other managing authority of the 1,420
district workhouse may establish a policy that requires any 1,421
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 1,422
reasonable fee for any medical treatment or service requested by 1,423
and provided to that person OR TO PAY THE FEE FOR A RANDOM DRUG 1,424
TEST ASSESSED UNDER DIVISION (E) OF SECTION 753.33 OF THE REVISED 1,425
CODE. This THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall 1,426
not exceed the actual cost of the treatment or service provided. 1,427
No person who is indigent shall be required to pay those fees, 1,428
and no person shall be denied any necessary medical care because 1,429
of inability to pay those fees.
Upon provision of the requested medical treatment or 1,431
service OR ASSESSMENT OF A FEE FOR A RANDOM DRUG TEST, payment of 1,432
the required fee may be automatically deducted from a person's 1,433
account record in the jail or workhouse's business office. If 1,434
the person has no funds in the person's account, a deduction may 1,435
be made at a later date during the person's confinement in the 1,436
jail or workhouse if funds later become available in that 1,437
person's account. If the person is released from the jail or
workhouse and has an unpaid balance of these fees, the board of 1,438
county commissioners, the legislative authority of the municipal 1,439
corporation, or the board or other managing authority of the 1,440
district workhouse may bill the person for payment of the 1,441
remaining unpaid fees. Fees received for medical treatment or 1,442
services shall be paid into the commissary fund, if one has been
created for the workhouse, or if no such fund exists, into the 1,443
treasury of each applicable political subdivision. 1,444
(2) If a person confined to a jail or workhouse is 1,446
40
required under division (C) of this section or section 2929.18 or 1,447
2929.223 of the Revised Code to reimburse medical expenses 1,448
incurred by reason of the person's confinement to the jail or 1,449
workhouse, any fees paid by the person under division (D)(1) of 1,450
this section shall be deducted from the expenses required to be 1,451
reimbursed under division (C) of this section or section 2929.18
or 2929.223 of the Revised Code. 1,452
(E) If a person who has been convicted of or pleaded 1,454
guilty to an offense is confined in the workhouse as provided in 1,455
division (A) of this section or is incarcerated in the workhouse 1,456
in the manner described in division (B) of this section, or if a 1,457
person who has been arrested for an offense, and who has been 1,458
denied bail or has had bail set and has not been released on bail 1,459
is confined in the workhouse pending trial, at the time of 1,460
reception and at other times the person in charge of the 1,462
operation of the workhouse determines to be appropriate, the 1,463
person in charge of the operation of the workhouse may cause the 1,464
convicted or accused offender to be examined and tested for 1,466
tuberculosis, HIV infection, hepatitis, including but not limited 1,467
to hepatitis A, B, and C, and other contagious diseases. The 1,469
person in charge of the operation of the workhouse may cause a 1,470
convicted or accused offender in the workhouse who refuses to be 1,471
tested or treated for tuberculosis, HIV infection, hepatitis, 1,473
including but not limited to hepatitis A, B, and C, or another 1,474
contagious disease to be tested and treated involuntarily. 1,476
Sec. 753.33. (A) AS USED IN THIS SECTION: 1,478
(1) "JOINT BOARD" MEANS THE JOINT BOARD ESTABLISHED 1,480
PURSUANT TO SECTION 753.15 OF THE REVISED CODE. 1,481
(2) "MUNICIPAL PRISONER" MEANS A PRISONER WHO IS CONFINED 1,483
IN A MUNICIPAL JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, 1,484
JOINT CITY AND COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL 1,485
CENTER, MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, 1,486
MUNICIPAL-COUNTY JAIL OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL 1,488
OR WORKHOUSE FOR BEING CONVICTED OF OR PLEADING GUILTY TO A
41
CRIMINAL OFFENSE. 1,489
(3) "MULTICOUNTY-MUNICIPAL" HAS THE SAME MEANING AS IN 1,491
SECTION 307.93 OF THE REVISED CODE. 1,493
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 1,495
SECTION 5120.63 OF THE REVISED CODE. 1,497
(B) THE DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD MAY 1,500
ENTER INTO A CONTRACT WITH A LABORATORY OR ENTITY TO PERFORM 1,501
BLOOD OR URINE SPECIMEN COLLECTION, DOCUMENTATION, MAINTENANCE, 1,502
TRANSPORTATION, PRESERVATION, STORAGE, AND ANALYSES AND OTHER 1,503
DUTIES REQUIRED IN THE PERFORMANCE OF RANDOM DRUG TESTING OF 1,504
MUNICIPAL PRISONERS. THE TERMS OF ANY CONTRACT ENTERED INTO 1,506
UNDER THIS DIVISION SHALL INCLUDE A REQUIREMENT THAT THE
LABORATORY OR ENTITY AND ITS EMPLOYEES, THE DIRECTOR OF PUBLIC 1,507
SAFETY OR THE JOINT BOARD, THE SUPERINTENDENT OR CHIEF 1,508
ADMINISTRATIVE OFFICER SPECIFIED IN DIVISION (D) OF THIS SECTION, 1,509
THE EMPLOYEES OF THE CORRECTIONAL FACILITIES LISTED IN DIVISION 1,510
(A)(1) OF THIS SECTION, AND ALL OTHER PERSONS COMPLY WITH THE 1,511
STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS SPECIFIED 1,513
IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION.
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A LABORATORY OR 1,516
ENTITY UNDER DIVISION (B) OF THIS SECTION, A DIRECTOR OF PUBLIC 1,518
SAFETY OR A JOINT BOARD SHALL ADOPT RULES FOR THE RANDOM DRUG 1,519
TESTING OF MUNICIPAL PRISONERS. THE RULES SHALL INCLUDE, BUT ARE 1,520
NOT LIMITED TO, PROVISIONS THAT DO THE FOLLOWING: 1,521
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK, OBTAIN, AND 1,524
MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG ABUSE; 1,525
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 1,527
TESTING OF MUNICIPAL PRISONERS THAT INCLUDE, BUT ARE NOT LIMITED 1,528
TO, STANDARDS GOVERNING THE FOLLOWING: 1,529
(a) THE COLLECTION BY THE LABORATORY OR ENTITY OF BLOOD OR 1,532
URINE SPECIMENS OF INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY 1,533
APPROVED MANNER AND UNDER REASONABLE AND SANITARY CONDITIONS; 1,534
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 1,536
OF BLOOD OR URINE SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF 1,538
42
THE INDIVIDUAL BEING TESTED AND IN A MANNER REASONABLY CALCULATED 1,539
TO PREVENT SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND 1,540
TESTING OF THE SPECIMENS; 1,541
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 1,543
COLLECTED BY THE LABORATORY OR ENTITY AND DOCUMENTATION 1,545
PROCEDURES THAT REASONABLY PRECLUDE THE POSSIBILITY OF ERRONEOUS 1,546
IDENTIFICATION OF TEST RESULTS AND THAT PROVIDE THE INDIVIDUAL 1,547
BEING TESTED AN OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING 1,548
ANY PRESCRIPTION OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL 1,549
IN CONNECTION WITH A MEDICAL CONDITION; 1,550
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 1,552
TRANSPORTATION BY THE LABORATORY OR ENTITY OF BLOOD OR URINE 1,554
SPECIMENS IN A MANNER THAT REASONABLY PRECLUDES THE POSSIBILITY 1,555
OF CONTAMINATION OR ADULTERATION OF THE SPECIMENS; 1,556
(e) THE TESTING BY THE LABORATORY OR ENTITY OF A BLOOD OR 1,559
URINE SPECIMEN OF AN INDIVIDUAL TO DETERMINE WHETHER THE 1,560
INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, IN A 1,561
MANNER THAT CONFORMS TO SCIENTIFICALLY ACCEPTED ANALYTICAL 1,562
METHODS AND PROCEDURES AND THAT MAY INCLUDE VERIFICATION OR 1,563
CONFIRMATION OF ANY POSITIVE TEST RESULT BY A RELIABLE ANALYTICAL 1,564
METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 1,566
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO IS 1,568
QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM THAT 1,569
ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD 1,570
OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE 1,571
AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 1,572
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 1,574
TESTING ON MUNICIPAL PRISONERS; 1,575
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 1,577
SELECTION OF MUNICIPAL PRISONERS TO SUBMIT TO RANDOM DRUG TESTING 1,579
UNDER THIS SECTION;
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL 1,581
43
OF THE RESULTS OF THE RANDOM DRUG TESTING OF MUNICIPAL PRISONERS 1,582
FROM THE CONTRACTING LABORATORY OR ENTITY TO THE DIRECTOR OF 1,584
PUBLIC SAFETY OR THE JOINT BOARD PURSUANT TO DIVISION (E) OF 1,585
THIS SECTION;
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 1,587
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A 1,588
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH 1,590
PROCEDURES PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE 1,591
COLLECTION OF THOSE FEES FROM THE MUNICIPAL PRISONERS SUBJECTED 1,592
TO THE DRUG TESTS. 1,593
(D) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS 1,595
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE 1,598
SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER OF A CORRECTIONAL 1,599
FACILITY LISTED IN DIVISION (A)(2) OF THIS SECTION IN WHICH 1,600
MUNICIPAL PRISONERS ARE CONFINED, PURSUANT TO THE TERMS OF THE 1,601
CONTRACT AND THE RULES ADOPTED UNDER DIVISION (C) OF THIS 1,602
SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION, 1,603
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR 1,604
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE MUNICIPAL PRISONERS 1,606
WHO ARE CONFINED IN THAT CORRECTIONAL FACILITY AND WHO ARE
SUBJECT TO RANDOM DRUG TESTING. 1,607
(E) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS 1,609
INTO A CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE 1,610
CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING 1,611
AS PROVIDED IN THE CONTRACT, THE LABORATORY OR ENTITY SHALL 1,612
TRANSMIT THE RESULTS OF THE DRUG TEST TO THE DIRECTOR OF PUBLIC 1,613
SAFETY OR THE JOINT BOARD, AS APPROPRIATE, THAT ENTERED INTO THE 1,614
CONTRACT. THE DIRECTOR OR THE JOINT BOARD SHALL FILE FOR RECORD 1,615
THE RESULTS OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER OR NOT 1,616
EACH MUNICIPAL PRISONER WHO WAS SUBJECTED TO THE DRUG TEST 1,617
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DIRECTOR OR 1,618
THE JOINT BOARD SHALL GIVE APPROPRIATE NOTICE OF THE DRUG TEST 1,619
RESULTS TO EACH MUNICIPAL PRISONER WHO WAS SUBJECTED TO A DRUG 1,620
TEST AND WHOSE DRUG TEST RESULTS INDICATE THAT THE MUNICIPAL 1,621
44
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 1,622
DIRECTOR OR THE JOINT BOARD SHALL AFFORD THAT MUNICIPAL PRISONER 1,623
AN OPPORTUNITY TO BE HEARD REGARDING THE RESULTS OF THE DRUG TEST 1,625
AND TO PRESENT CONTRARY EVIDENCE AT A HEARING HELD BEFORE THE 1,626
DIRECTOR OR THE JOINT BOARD WITHIN THIRTY DAYS AFTER NOTIFICATION
OF THE MUNICIPAL PRISONER UNDER THIS DIVISION. AFTER THE 1,628
HEARING, IF A HEARING IS HELD, THE DIRECTOR OR THE JOINT BOARD 1,629
SHALL MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY 1,630
THE MUNICIPAL PRISONER. IF THE DIRECTOR OR THE JOINT BOARD 1,631
REJECTS THE EVIDENCE PRESENTED BY THE MUNICIPAL PRISONER AT THE 1,632
HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE 1,633
DIRECTOR OR THE JOINT BOARD MAY ASSESS A REASONABLE FEE, 1,634
DETERMINED PURSUANT TO DIVISION (C) OF THIS SECTION, FOR THE 1,636
COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE PAID BY THE 1,637
MUNICIPAL PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE
PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE 1,638
DIRECTOR OR THE JOINT BOARD MAY COLLECT THE FEE PURSUANT TO 1,640
SECTION 753.02, 753.04, OR 753.16 OF THE REVISED CODE. 1,641
Sec. 2305.234. (A) As used in this section: 1,650
(1) "Chiropractic claim," "medical claim," and "optometric 1,652
claim" have the same meanings as in section 2305.11 of the 1,653
Revised Code. 1,654
(2) "Dental claim" has the same meaning as in section 1,656
2305.11 of the Revised Code, except that it does not include any 1,657
claim arising out of a dental operation or any derivative claim 1,658
for relief that arises out of a dental operation. 1,659
(3) "Governmental health care program" has the same 1,661
meaning as in section 4731.65 of the Revised Code. 1,663
(4) "Health care professional" means any of the following 1,665
who provide medical, dental, or other health-related diagnosis, 1,667
care, or treatment:
(a) Physicians authorized under Chapter 4731. of the 1,669
Revised Code to practice medicine and surgery or osteopathic 1,670
medicine and surgery;
45
(b) Registered nurses and licensed practical nurses 1,672
licensed under Chapter 4723. of the Revised Code; 1,673
(c) Physician assistants authorized to practice under 1,675
Chapter 4730. of the Revised Code; 1,676
(d) Dentists and dental hygienists licensed under Chapter 1,678
4715. of the Revised Code; 1,679
(e) Physical therapists licensed under Chapter 4755. of 1,681
the Revised Code; 1,682
(f) Chiropractors licensed under Chapter 4734. of the 1,684
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the 1,686
Revised Code;
(h) Podiatrists authorized under Chapter 4731. of the 1,688
Revised Code to practice podiatry; 1,689
(i) Dietitians licensed under Chapter 4759. of the Revised 1,691
Code; 1,692
(j) Pharmacists licensed under Chapter 4729. of the 1,694
Revised Code. 1,695
(5) "Health care worker" means a person other than a 1,697
health care professional who provides medical, dental, or other 1,698
health-related care or treatment under the direction of a health 1,699
care professional with the authority to direct that individual's 1,700
activities, including medical technicians, medical assistants, 1,701
dental assistants, orderlies, aides, and individuals acting in 1,702
similar capacities.
(6) "Indigent and uninsured person" means a person who 1,704
meets all of the following requirements: 1,705
(a) The person's income is not greater than one hundred 1,707
fifty per cent of the current poverty line as defined by the 1,708
United States office of management and budget and revised in 1,709
accordance with section 673(2) of the "Omnibus Budget 1,710
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended. 1,711
(b) The person is not eligible to receive medical 1,713
46
assistance under Chapter 5111., disability assistance medical 1,714
assistance under Chapter 5115. of the Revised Code, or assistance 1,715
under any other governmental health care program;. 1,716
(c) Either of the following applies: 1,718
(i) The person is not a policyholder, certificate holder, 1,721
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance 1,722
or health care policy, contract, or plan;. 1,723
(ii) The person is a policyholder, certificate holder, 1,725
insured, contract holder, subscriber, enrollee, member, 1,726
beneficiary, or other covered individual under a health insurance 1,727
or health care policy, contract, or plan, but the insurer, 1,728
policy, contract, or plan denies coverage or is the subject of 1,729
insolvency or bankruptcy proceedings in any jurisdiction. 1,730
(7) "Operation" means any procedure that involves cutting 1,732
or otherwise infiltrating human tissue by mechanical means, 1,733
including surgery, laser surgery, ionizing radiation, therapeutic 1,734
ultrasound, or the removal of intraocular foreign bodies. 1,735
"Operation" does not include the administration of medication by 1,736
injection, unless the injection is administered in conjunction 1,737
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. 1,738
(8) "Nonprofit shelter or health care facility" means a 1,741
charitable nonprofit corporation organized and operated pursuant 1,742
to Chapter 1702. of the Revised Code, or any charitable 1,743
organization not organized and not operated for profit, that 1,744
provides shelter, health care services, or shelter and health 1,745
care services to indigent and uninsured persons, except that 1,746
"shelter or health care facility" does not include a hospital as 1,747
defined in section 3727.01 of the Revised Code, a facility 1,748
licensed under Chapter 3721. of the Revised Code, or a medical 1,749
facility that is operated for profit.
(9) "Tort action" means a civil action for damages for 1,752
injury, death, or loss to person or property other than a civil 1,753
47
action for damages for a breach of contract or another agreement 1,754
between persons or government entities.
(10) "Volunteer" means an individual who provides any 1,756
medical, dental, or other health-care related diagnosis, care, or 1,757
treatment without the expectation of receiving and without 1,758
receipt of any compensation or other form of remuneration from an 1,759
indigent and uninsured person, another person on behalf of an 1,760
indigent and uninsured person, any shelter or health care 1,761
facility, or any other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this 1,763
section, a health care professional who is a volunteer and 1,764
complies with division (B)(2) of this section is not liable in 1,765
damages to any person or government entity in a tort or other 1,766
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for 1,767
injury, death, or loss to person or property that allegedly 1,768
arises from an action or omission of the volunteer in the 1,769
provision at a nonprofit shelter or health care facility to an 1,770
indigent and uninsured person of medical, dental, or other
health-related diagnosis, care, or treatment, including the 1,772
provision of samples of medicine and other medical products, 1,773
unless the action or omission constitutes willful or wanton
misconduct. 1,774
(2) To qualify for the immunity described in division 1,776
(B)(1) of this section, a health care professional shall do all 1,778
of the following prior to providing diagnosis, care, or
treatment:
(a) Determine, in good faith, that the indigent and 1,780
uninsured person is mentally capable of giving informed consent 1,781
to the provision of the diagnosis, care, or treatment and is not 1,783
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section; 1,785
(c) Obtain the informed consent of the person and a 1,787
written waiver, signed by the person or by another individual on 1,789
48
behalf of and in the presence of the person, that states that the 1,790
person is mentally competent to give informed consent and,
without being subject to duress or under undue influence, gives 1,791
informed consent to the provision of the diagnosis, care, or 1,792
treatment subject to the provisions of this section. 1,793
(3) A physician or podiatrist who is not covered by 1,796
medical malpractice insurance, but complies with division (B)(2) 1,797
of this section, is not required to comply with division (A) of
section 4731.143 of the Revised Code. 1,798
(C) Subject to divisions (E) and (F)(3) of this section, 1,800
health care workers who are volunteers are not liable in damages 1,801
to any person or government entity in a tort or other civil 1,802
action, including an action upon a medical, dental, chiropractic, 1,803
optometric, or other health-related claim, for injury, death, or 1,804
loss to person or property that allegedly arises from an action 1,805
or omission of the health care worker in the provision at a 1,806
nonprofit shelter or health care facility to an indigent and
uninsured person of medical, dental, or other health-related 1,807
diagnosis, care, or treatment, unless the action or omission 1,808
constitutes willful or wanton misconduct. 1,809
(D) Subject to divisions (E) and (F)(3) of this section 1,811
and section 3701.071 of the Revised Code, a nonprofit shelter or 1,812
health care facility associated with a health care professional 1,813
described in division (B)(1) of this section or a health care 1,814
worker described in division (C) of this section is not liable in 1,816
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental, 1,817
chiropractic, optometric, or other health-related claim, for 1,819
injury, death, or loss to person or property that allegedly 1,820
arises from an action or omission of the health care professional 1,821
or worker in providing for the shelter or facility medical,
dental, or other health-related diagnosis, care, or treatment to 1,822
an indigent and uninsured person, unless the action or omission 1,823
constitutes willful or wanton misconduct. 1,824
49
(E)(1) Except as provided in division (E)(2) of this 1,826
section, the immunities provided by divisions (B), (C), and (D) 1,828
of this section are not available to an individual or to a 1,829
nonprofit shelter or health care facility if, at the time of an 1,830
alleged injury, death, or loss to person or property, the 1,831
individuals involved are providing one of the following: 1,832
(a) Any medical, dental, or other health-related 1,834
diagnosis, care, or treatment pursuant to a community service 1,836
work order entered by a court under division (H)(1) or (2) (F) of 1,837
section 2951.02 of the Revised Code as a condition of probation 1,838
or other suspension of a term of imprisonment OR IMPOSED BY A 1,839
COURT AS A COMMUNITY CONTROL SANCTION PURSUANT TO SECTIONS 1,840
2929.15 AND 2929.17 OF THE REVISED CODE.
(b) Performance of an operation. 1,842
(c) Delivery of a baby. 1,844
(2) Division (E)(1) of this section does not apply to an 1,846
individual who provides, or a nonprofit shelter or health care 1,847
facility at which the individual provides, diagnosis, care, or 1,848
treatment that is necessary to preserve the life of a person in a 1,849
medical emergency. 1,850
(F)(1) This section does not create a new cause of action 1,853
or substantive legal right against a health care professional,
health care worker, or nonprofit shelter or health care facility. 1,855
(2) This section does not affect any immunities from civil 1,858
liability or defenses established by another section of the
Revised Code or available at common law to which an individual or 1,860
a nonprofit shelter or health care facility may be entitled in 1,861
connection with the provision of emergency or other diagnosis, 1,862
care, or treatment. 1,863
(3) This section does not grant an immunity from tort or 1,866
other civil liability to an individual or a nonprofit shelter or
health care facility for actions that are outside the scope of 1,867
authority of health care professionals or health care workers. 1,868
(4) This section does not affect any legal responsibility 1,870
50
of a health care professional or health care worker to comply 1,871
with any applicable law of this state or rule of an agency of 1,872
this state. 1,873
(5) This section does not affect any legal responsibility 1,876
of a nonprofit shelter or health care facility to comply with any 1,877
applicable law of this state, rule of an agency of this state, or 1,878
local code, ordinance, or regulation that pertains to or 1,879
regulates building, housing, air pollution, water pollution,
sanitation, health, fire, zoning, or safety. 1,880
Sec. 2921.36. (A) No person shall knowingly convey, or 1,889
attempt to convey, onto the grounds of a detention facility or of 1,890
an institution that is under the control of the department of 1,891
mental health or the department of mental retardation and 1,892
developmental disabilities, any of the following items: 1,893
(1) Any deadly weapon or dangerous ordnance, as defined in 1,895
section 2923.11 of the Revised Code, or any part of or ammunition 1,896
for use in such a deadly weapon or dangerous ordnance; 1,897
(2) Any drug of abuse, as defined in section 3719.011 of 1,899
the Revised Code; 1,900
(3) Any intoxicating liquor, as defined in section 4301.01 1,902
of the Revised Code. 1,903
(B) Division (A) of this section does not apply to any 1,905
person who conveys or attempts to convey an item onto the grounds 1,906
of a detention facility or of an institution under the control of 1,907
the department of mental health or the department of mental 1,908
retardation and developmental disabilities pursuant to the 1,909
written authorization of the person in charge of the detention 1,910
facility or the institution and in accordance with the written 1,911
rules of the detention facility or the institution. 1,912
(C) No person shall knowingly deliver, or attempt to 1,914
deliver, to any person who is confined in a detention facility or 1,915
to any patient in an institution under the control of the 1,916
department of mental health or the department of mental 1,917
retardation and developmental disabilities, any item listed in 1,918
51
division (A)(1), (2), or (3) of this section. 1,919
(D) No person shall knowingly deliver, or attempt to 1,921
deliver, cash to any person who is confined in a detention 1,922
facility.
(E)(1) It is an affirmative defense to a charge under 1,924
division (A)(1) of this section that the weapon or dangerous 1,926
ordnance in question was being transported in a motor vehicle for 1,927
any lawful purpose, that it was not on the actor's person, and,
if the weapon or dangerous ordnance in question was a firearm, 1,928
that it was unloaded and was being carried in a closed package, 1,929
box, or case or in a compartment that can be reached only by 1,930
leaving the vehicle.
(2) It is an affirmative defense to a charge under 1,932
division (C) of this section that the actor was not otherwise 1,933
prohibited by law from delivering the item to the confined person 1,934
or the patient and that either of the following applies: 1,935
(a) The actor was permitted by the written rules of the 1,937
detention facility or the institution to deliver the item to the 1,938
confined person or the patient. 1,939
(b) The actor was given written authorization by the 1,941
person in charge of the detention facility or the institution to 1,942
deliver the item to the confined person or the patient. 1,943
(F)(1) Whoever violates division (A)(1) of this section or 1,945
commits a violation of division (C) of this section involving an 1,946
item listed in division (A)(1) of this section is guilty of 1,947
illegal conveyance of weapons onto the grounds of a detention 1,948
facility or a mental health or mental retardation and 1,949
developmental disabilities institution, a felony of the fourth 1,951
degree. If the offender is an officer or employee of the
department of rehabilitation and correction, the court shall 1,952
impose a mandatory prison term. 1,953
(2) Whoever violates division (A)(2) of this section or 1,955
commits a violation of division (C) of this section involving any 1,956
drug of abuse is guilty of illegal conveyance of drugs of abuse 1,957
52
onto the grounds of a detention facility or a mental health or 1,958
mental retardation and developmental disabilities institution, a 1,959
felony of the fourth THIRD degree if the offender is an officer 1,960
or employee of the facility or institution or a felony of the 1,961
fifth FOURTH degree if the offender is not such an officer or 1,962
employee. If the offender is an officer or employee of the 1,963
department of rehabilitation and correction, the court shall 1,964
impose a mandatory prison term.
(3) Whoever violates division (A)(3) of this section or 1,966
commits a violation of division (C) of this section involving any 1,967
intoxicating liquor is guilty of illegal conveyance of 1,968
intoxicating liquor onto the grounds of a detention facility or a 1,969
mental health or mental retardation and developmental 1,970
disabilities institution, a misdemeanor of the second degree. 1,971
(4) Whoever violates division (D) of this section is 1,973
guilty of illegal conveyance of cash onto the grounds of a 1,974
detention facility, a misdemeanor of the first degree. If the 1,975
offender previously has been convicted of or pleaded guilty to a 1,976
violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the 1,977
fifth degree. 1,978
Sec. 2929.01. As used in this chapter: 1,988
(A)(1) "Alternative residential facility" means, subject 1,990
to division (A)(2) of this section, any facility other than an 1,991
offender's home or residence in which an offender is assigned to 1,992
live and that satisfies all of the following criteria: 1,993
(a) It provides programs through which the offender may 1,995
seek or maintain employment or may receive education, training, 1,996
treatment, or habilitation. 1,997
(b) It has received the appropriate license or certificate 1,999
for any specialized education, training, treatment, habilitation, 2,000
or other service that it provides from the government agency that 2,001
is responsible for licensing or certifying that type of 2,002
education, training, treatment, habilitation, or service. 2,003
53
(2) "Alternative residential facility" does not include a 2,006
community-based correctional facility, jail, halfway house, or 2,007
prison.
(B) "Bad time" means the time by which the parole board 2,009
administratively extends an offender's stated prison term or 2,010
terms pursuant to section 2967.11 of the Revised Code because the 2,011
parole board finds by clear and convincing evidence that the 2,012
offender, while serving the prison term or terms, committed an 2,013
act that is a criminal offense under the law of this state or the 2,014
United States, whether or not the offender is prosecuted for the 2,016
commission of that act.
(C) "Basic probation supervision" means a requirement that 2,019
the offender maintain contact with a person appointed to 2,021
supervise the offender in accordance with sanctions imposed by 2,022
the court or imposed by the parole board pursuant to section 2,023
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control 2,024
supervision. 2,025
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 2,027
"unit dose" have the same meanings as in section 2925.01 of the 2,028
Revised Code.
(E) "Community-based correctional facility" means a 2,031
community-based correctional facility and program or district 2,032
community-based correctional facility and program developed 2,033
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 2,034
(F) "Community control sanction" means a sanction that is 2,037
not a prison term and that is described in section 2929.15, 2,038
2929.16, 2929.17, or 2929.18 of the Revised Code. 2,039
(G) March 10, 1998 "Controlled substance," "marihuana," 2,041
"schedule I," and "schedule II" have the same meanings as in 2,042
section 3719.01 of the Revised Code. 2,043
(H) "Curfew" means a requirement that an offender during a 2,046
specified period of time be at a designated place. 2,047
(I) "Day reporting" means a sanction pursuant to which an 2,050
54
offender is required each day to report to and leave a center or 2,051
other approved reporting location at specified times in order to 2,052
participate in work, education or training, treatment, and other 2,053
approved programs at the center or outside the center. 2,054
(J) "Deadly weapon" has the same meaning as in section 2,057
2923.11 of the Revised Code. 2,058
(K) "Drug and alcohol use monitoring" means a program 2,061
under which an offender agrees to submit to random chemical 2,062
analysis of the offender's blood, breath, or urine to determine 2,063
whether the offender has ingested any alcohol or other drugs. 2,064
(L) "Drug treatment program" means any program under which 2,067
a person undergoes assessment and treatment designed to reduce or 2,069
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 2,070
which the person may be required to receive assessment and 2,072
treatment on an outpatient basis or may be required to reside at 2,073
a facility other than the person's home or residence while
undergoing assessment and treatment. 2,074
(M) "Economic loss" means any economic detriment suffered 2,077
by a victim as a result of the commission of a felony and 2,078
includes any loss of income due to lost time at work because of 2,080
any injury caused to the victim, and any property loss, medical 2,081
cost, or funeral expense incurred as a result of the commission 2,082
of the felony. 2,083
(N) "Education or training" includes study at, or in 2,086
conjunction with a program offered by, a university, college, or 2,087
technical college or vocational study and also includes the 2,088
completion of primary school, secondary school, and literacy 2,089
curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same 2,092
meaning as in section 2929.23 of the Revised Code. 2,093
(P) "Eligible offender" has the same meaning as in section 2,096
2929.23 of the Revised Code except as otherwise specified in 2,097
section 2929.20 of the Revised Code. 2,098
55
(Q) "Firearm" has the same meaning as in section 2923.11 2,101
of the Revised Code.
(R) "Halfway house" means a facility licensed by the 2,104
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 2,106
Revised Code as a suitable facility for the care and treatment of 2,107
adult offenders.
(S) "House arrest" means a period of confinement of an 2,109
eligible offender that is in the eligible offender's home or in 2,111
other premises specified by the sentencing court or by the parole 2,112
board pursuant to section 2967.28 of the Revised Code, that may 2,113
be electronically monitored house arrest, and during which all of 2,114
the following apply: 2,115
(1) The eligible offender is required to remain in the 2,117
eligible offender's home or other specified premises for the 2,119
specified period of confinement, except for periods of time 2,120
during which the eligible offender is at the eligible offender's 2,121
place of employment or at other premises as authorized by the 2,123
sentencing court or by the parole board.
(2) The eligible offender is required to report 2,126
periodically to a person designated by the court or parole board. 2,127
(3) The eligible offender is subject to any other 2,129
restrictions and requirements that may be imposed by the 2,130
sentencing court or by the parole board. 2,131
(T) "Intensive probation supervision" means a requirement 2,134
that an offender maintain frequent contact with a person 2,135
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender 2,136
while the offender is seeking or maintaining necessary employment 2,137
and participating in training, education, and treatment programs 2,138
as required in the court's or parole board's order. "Intensive 2,139
probation supervision" includes intensive parole supervision and 2,140
intensive post-release control supervision. 2,141
(U) "Jail" means a jail, workhouse, minimum security jail, 2,144
56
or other residential facility used for the confinement of alleged 2,145
or convicted offenders that is operated by a political 2,146
subdivision or a combination of political subdivisions of this 2,147
state.
(V) "Delinquent child" has the same meaning as in section 2,149
2151.02 of the Revised Code. 2,151
(W) "License violation report" means a report that is made 2,154
by a sentencing court, or by the parole board pursuant to section 2,155
2967.28 of the Revised Code, to the regulatory or licensing board 2,157
or agency that issued an offender a professional license or a 2,158
license or permit to do business in this state and that specifies 2,159
that the offender has been convicted of or pleaded guilty to an 2,160
offense that may violate the conditions under which the 2,161
offender's professional license or license or permit to do 2,162
business in this state was granted or an offense for which the 2,163
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 2,164
(X) "Major drug offender" means an offender who is 2,167
convicted of or pleads guilty to the possession of, sale of, or 2,168
offer to sell any drug, compound, mixture, preparation, or 2,169
substance that consists of or contains at least one thousand 2,170
grams of hashish; at least one hundred grams of crack cocaine; at 2,171
least one thousand grams of cocaine that is not crack cocaine; at 2,172
least two thousand five hundred unit doses or two hundred fifty 2,173
grams of heroin; at least five thousand unit doses of L.S.D. or 2,175
five hundred grams of L.S.D. in a liquid concentrate, liquid 2,176
extract, or liquid distillate form; or at least one hundred times 2,177
the amount of any other schedule I or II controlled substance 2,179
other than marihuana that is necessary to commit a felony of the 2,180
third degree pursuant to section 2925.03, 2925.04, 2925.05, or 2,181
2925.11 of the Revised Code that is based on the possession of, 2,182
sale of, or offer to sell the controlled substance. 2,183
(Y) "Mandatory prison term" means any of the following: 2,186
(1) Subject to division (Y)(2) of this section, the term 2,189
57
in prison that must be imposed for the offenses or circumstances 2,190
set forth in divisions (F)(1) to (8) or (F)(11) of section 2,191
2929.13 and division (D) of section 2929.14 of the Revised Code. 2,193
Except as provided in sections 2925.02, 2925.03, 2925.04, 2,194
2925.05, and 2925.11 of the Revised Code, unless the maximum or 2,195
another specific term is required under section 2929.14 of the 2,196
Revised Code, a mandatory prison term described in this division 2,197
may be any prison term authorized for the level of offense. 2,198
(2) The term of sixty days in prison that a sentencing 2,201
court is required to impose for a fourth degree felony OMVI 2,202
offense pursuant to division (G)(2) of section 2929.13 and 2,203
division (A)(4) of section 4511.99 of the Revised Code. 2,204
(3) The term in prison imposed pursuant to section 2971.03 2,206
of the Revised Code for the offenses and in the circumstances 2,207
described in division (F)(10) of section 2929.13 of the Revised 2,208
Code and that term as modified or terminated pursuant to section 2,211
2971.05 of the Revised Code.
(Z) "Monitored time" means a period of time during which 2,214
an offender continues to be under the control of the sentencing 2,215
court or parole board, subject to no conditions other than 2,216
leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is 2,219
convicted of or pleads guilty to a felony or a misdemeanor. 2,220
(BB) "Prison" means a residential facility used for the 2,223
confinement of convicted felony offenders that is under the 2,224
control of the department of rehabilitation and correction but 2,225
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 2,226
(CC) "Prison term" includes any of the following sanctions 2,229
for an offender:
(1) A stated prison term; 2,231
(2) A term in a prison shortened by, or with the approval 2,234
of, the sentencing court pursuant to section 2929.20, 2967.26, 2,235
5120.031, 5120.032, or 5120.073 of the Revised Code; 2,236
58
(3) A term in prison extended by bad time imposed pursuant 2,239
to section 2967.11 of the Revised Code or imposed for a violation 2,240
of post-release control pursuant to section 2967.28 of the 2,241
Revised Code.
(DD) "Repeat violent offender" means a person about whom 2,244
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 2,247
to, and is being sentenced for committing, for complicity in 2,248
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 2,249
other than one set forth in Chapter 2925. of the Revised Code, a 2,251
felony of the first degree set forth in Chapter 2925. of the 2,252
Revised Code that involved an attempt to cause serious physical 2,253
harm to a person or that resulted in serious physical harm to a 2,254
person, or a felony of the second degree that involved an attempt 2,255
to cause serious physical harm to a person or that resulted in 2,257
serious physical harm to a person.
(2) Either of the following applies: 2,259
(a) The person previously was convicted of or pleaded 2,261
guilty to, and served a prison term for, any of the following: 2,262
(i) Aggravated murder, murder, involuntary manslaughter, 2,264
rape, felonious sexual penetration as it existed under section 2,266
2907.12 of the Revised Code prior to September 3, 1996, a felony 2,267
of the first or second degree that resulted in the death of a 2,268
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses; 2,269
(ii) An offense under an existing or former law of this 2,272
state, another state, or the United States that is or was 2,273
substantially equivalent to an offense listed under division 2,274
(DD)(2)(a)(i) of this section and that resulted in the death of a 2,275
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent 2,277
child for committing an act that if committed by an adult would 2,278
have been an offense listed in division (DD)(2)(a)(i) or (ii) of 2,280
59
this section, the person was committed to the department of youth 2,281
services for that delinquent act, and the juvenile court in which 2,282
the person was adjudicated a delinquent child made a specific 2,283
finding that the adjudication should be considered a conviction 2,285
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 2,286
(EE) "Sanction" means any penalty imposed upon an offender 2,289
who is convicted of or pleads guilty to an offense, as punishment 2,290
for the offense. "Sanction" includes any sanction imposed 2,291
pursuant to any provision of sections 2929.14 to 2929.18 of the 2,292
Revised Code.
(FF) "Sentence" means the sanction or combination of 2,295
sanctions imposed by the sentencing court on an offender who is 2,296
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory 2,299
prison term, or combination of all prison terms and mandatory 2,300
prison terms imposed by the sentencing court pursuant to section 2,301
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 2,302
includes any credit received by the offender for time spent in 2,303
jail awaiting trial, sentencing, or transfer to prison for the 2,304
offense and any time spent under house arrest or electronically 2,305
monitored house arrest imposed after earning credits pursuant to 2,306
section 2967.193 of the Revised Code. 2,307
(HH) "Victim-offender mediation" means a reconciliation or 2,310
mediation program that involves an offender and the victim of the 2,311
offense committed by the offender and that includes a meeting in 2,312
which the offender and the victim may discuss the offense, 2,313
discuss restitution, and consider other sanctions for the 2,314
offense.
(II) "Fourth degree felony OMVI offense" means a violation 2,317
of division (A) of section 4511.19 of the Revised Code that, 2,319
under section 4511.99 of the Revised Code, is a felony of the 2,321
fourth degree.
(JJ) "Mandatory term of local incarceration" means the 2,324
60
term of sixty days in a jail, a community-based correctional 2,325
facility, a halfway house, or an alternative residential facility 2,326
that a sentencing court is required to impose upon a person who 2,327
is convicted of or pleads guilty to a fourth degree felony OMVI 2,328
offense pursuant to division (G)(1) of section 2929.13 of the 2,329
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 2,330
(KK) "Designated homicide, assault, or kidnapping 2,332
offense," "sexual motivation specification," "sexually violent 2,333
offense," "sexually violent predator," and "sexually violent 2,334
predator specification" have the same meanings as in section 2,335
2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," 2,338
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 2,339
(NN)(MM) An offense is "committed in the vicinity of a 2,341
child" if the offender commits the offense within thirty feet of 2,342
or within the same residential unit as a child who is under 2,344
eighteen years of age, regardless of whether the offender knows
the age of the child or whether the offender knows the offense is 2,345
being committed within thirty feet of or within the same 2,346
residential unit as the child and regardless of whether the child 2,347
actually views the commission of the offense. 2,348
(OO)(NN) "Family or household member" has the same meaning 2,350
as in section 2919.25 of the Revised Code. 2,351
(MM)(OO) "Motor vehicle" and "manufactured home" have the 2,353
same meanings as in section 4501.01 of the Revised Code. 2,354
(NN)(PP) "Detention" and "detention facility" have the 2,356
same meanings as in section 2921.01 of the Revised Code. 2,357
(QQ) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 2,360
SECTION 5120.63 OF THE REVISED CODE. 2,362
(RR) "FELONY SEX OFFENSE" HAS THE SAME MEANING AS IN 2,364
SECTION 2967.28 OF THE REVISED CODE. 2,366
Sec. 2929.15. (A)(1) If in sentencing an offender for a 2,375
61
felony the court is not required to impose a prison term, a 2,376
mandatory prison term, or a term of life imprisonment upon the 2,377
offender, the court may directly impose a sentence that consists 2,378
of one or more community control sanctions authorized pursuant to 2,380
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the 2,381
court is sentencing an offender for a fourth degree felony OMVI 2,382
offense and if it is required to impose on the offender a 2,383
mandatory term of local incarceration pursuant to division (G)(1) 2,384
of section 2929.13 of the Revised Code, in addition to the
mandatory term of local incarceration and the mandatory fine 2,385
required by division (B)(3) of section 2929.18 of the Revised 2,387
Code, the court may impose upon the offender a community control 2,388
sanction or combination of community control sanctions in
accordance with sections 2929.16 and 2929.17 of the Revised Code. 2,389
The duration of all community control sanctions imposed upon an 2,391
offender shall not exceed five years. If the offender absconds 2,393
or otherwise leaves the jurisdiction of the court in which the 2,394
offender resides without obtaining permission from the court or
the offender's probation officer to leave the jurisdiction of the 2,395
court, or if the offender is confined in any institution for the 2,396
commission of any offense while under a community control 2,397
sanction, the period of the community control sanction ceases to 2,398
run until the offender is brought before the court for its
further action. If the court sentences the offender to one or 2,400
more nonresidential sanctions under section 2929.17 of the 2,401
Revised Code, the court shall impose as a condition of the 2,403
nonresidential sanctions that, during the period of the
sanctions, the offender must abide by the law and must not leave 2,404
the state without the permission of the court or the offender's 2,405
probation officer. The court may impose any other conditions of 2,407
release under a community control sanction that the court
considers appropriate, INCLUDING, BUT NOT LIMITED TO, REQUIRING 2,409
THAT THE OFFENDER NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE 2,410
AND SUBMIT TO RANDOM DRUG TESTING AS PROVIDED IN DIVISION (D) OF 2,411
62
THIS SECTION TO DETERMINE WHETHER THE OFFENDER INGESTED OR WAS 2,412
INJECTED WITH A DRUG OF ABUSE AND REQUIRING THAT THE RESULTS OF 2,414
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 2,415
offender for a fourth degree felony OMVI offense and if it is 2,416
required to impose on the offender a mandatory prison term 2,418
pursuant to division (G)(2) of section 2929.13 of the Revised 2,419
Code, the court shall not impose upon the offender any community 2,420
control sanction or combination of community control sanctions 2,421
under section 2929.16 or 2929.17 of the Revised Code. 2,422
(2)(a) If a court sentences an offender to any community 2,424
control sanction or combination of community control sanctions 2,425
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 2,426
the Revised Code, the court shall place the offender under the 2,427
general control and supervision of a department of probation in 2,428
the county that serves the court for purposes of reporting to the 2,429
court a violation of any condition of the sanctions, ANY 2,431
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED 2,432
BY THE COURT, a violation of law, or the departure of the 2,434
offender from this state without the permission of the court or 2,435
the offender's probation officer. Alternatively, if the offender 2,437
resides in another county and a county department of probation
has been established in that county or that county is served by a 2,439
multicounty probation department established under section 2,440
2301.27 of the Revised Code, the court may request the court of 2,442
common pleas of that county to receive the offender into the
general control and supervision of that county or multicounty 2,444
department of probation for purposes of reporting to the court a 2,445
violation of any condition of the sanctions, ANY CONDITION OF 2,447
RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT, 2,448
a violation of law, or the departure of the offender from this 2,450
state without the permission of the court or the offender's 2,451
probation officer, subject to the jurisdiction of the trial judge 2,453
over and with respect to the person of the offender, and to the 2,454
63
rules governing that department of probation. 2,455
If there is no department of probation in the county that 2,458
serves the court, the court shall place the offender, regardless 2,459
of the offender's county of residence, under the general control 2,460
and supervision of the adult parole authority for purposes of 2,461
reporting to the court a violation of any of the sanctions, ANY 2,462
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED
BY THE COURT, a violation of law, or the departure of the 2,463
offender from this state without the permission of the court or 2,464
the offender's probation officer. 2,465
(b) If the court imposing sentence upon an offender 2,467
sentences the offender to any community control sanction or 2,468
combination of community control sanctions authorized pursuant to 2,470
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 2,471
the offender violates any condition of the sanctions, ANY 2,473
CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED 2,474
BY THE COURT, violates any law, or departs the state without the 2,475
permission of the court or the offender's probation officer, the 2,476
public or private person or entity that operates or administers 2,478
the sanction or the program or activity that comprises the 2,479
sanction shall report the violation or departure directly to the 2,480
sentencing court, or shall report the violation or departure to 2,482
the county or multicounty department of probation with general 2,484
control and supervision over the offender under division 2,485
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with 2,486
general control and supervision over the offender under that 2,487
division, to the adult parole authority. If the public or 2,488
private person or entity that operates or administers the 2,489
sanction or the program or activity that comprises the sanction 2,490
reports the violation or departure to the county or multicounty 2,491
department of probation or the adult parole authority, the 2,493
department's or authority's officers may treat the offender as if 2,494
the offender were on probation and in violation of the probation, 2,495
64
and shall report the violation of the condition of the sanction, 2,496
ANY CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION 2,498
IMPOSED BY THE COURT, the violation of law, or the departure from 2,500
the state without the required permission to the sentencing 2,501
court.
(B) If the conditions of a community control sanction are 2,504
violated or if the offender violates a law or leaves the state 2,505
without the permission of the court or the offender's probation 2,506
officer, the sentencing court may impose a longer time under the 2,507
same sanction if the total time under the sanctions does not 2,508
exceed the five-year limit specified in division (A) of this 2,509
section, may impose a more restrictive sanction under section 2,510
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a 2,511
prison term on the offender pursuant to section 2929.14 of the 2,512
Revised Code. The prison term, if any, imposed upon a violator 2,513
pursuant to this division shall be within the range of prison 2,514
terms available for the offense for which the sanction that was 2,515
violated was imposed and shall not exceed the prison term 2,516
specified in the notice provided to the offender at the 2,517
sentencing hearing pursuant to division (B)(3) of section 2929.19 2,518
of the Revised Code. The court may reduce the longer period of 2,519
time that the offender is required to spend under the longer 2,520
sanction, the more restrictive sanction, or a prison term imposed 2,521
pursuant to this division by the time the offender successfully 2,522
spent under the sanction that was initially imposed. 2,523
(C) If an offender, for a significant period of time, 2,526
fulfills the conditions of a sanction imposed pursuant to section 2,527
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 2,528
manner, the court may reduce the period of time under the 2,529
sanction or impose a less restrictive sanction, but the court 2,530
shall not permit the offender to violate any law or permit the 2,531
offender to leave the state without the permission of the court 2,532
or the offender's probation officer.
(D)(1) IF A COURT UNDER DIVISION (A)(1) OF THIS SECTION 2,535
65
IMPOSES A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION 2,536
THAT REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING, THE 2,537
DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT HAS 2,538
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER UNDER DIVISION 2,540
(A)(2)(a) OF THIS SECTION MAY CAUSE THE OFFENDER TO SUBMIT TO 2,541
RANDOM DRUG TESTING PERFORMED BY A LABORATORY OR ENTITY THAT HAS 2,543
ENTERED INTO A CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR 2,544
OFFICERS AUTHORIZED TO ENTER INTO A CONTRACT WITH THAT LABORATORY 2,545
OR ENTITY UNDER SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED 2,547
CODE. 2,548
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 2,551
(D)(1) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 2,552
IN THAT DIVISION, THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE 2,553
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 2,554
OFFENDER UNDER DIVISION (A)(2)(a) OF THIS SECTION SHALL CAUSE THE 2,556
OFFENDER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A 2,557
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE INDIVIDUAL 2,558
WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS INJECTED WITH 2,559
A DRUG OF ABUSE. 2,560
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 2,562
CONTRACT PURSUANT TO SECTION 341.26, 753.33, OR 5120.63 OF THE 2,564
REVISED CODE SHALL PERFORM THE RANDOM DRUG TESTS UNDER DIVISION 2,565
(D)(1) OF THIS SECTION IN ACCORDANCE WITH THE APPLICABLE 2,566
STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A 2,567
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER 2,568
DIVISION (D)(2) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS 2,569
SET FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE 2,570
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO SECTION 2,571
5120.63 OF THE REVISED CODE. AN OFFENDER WHO IS REQUIRED UNDER 2,572
DIVISION (A)(1) OF THIS SECTION TO SUBMIT TO RANDOM DRUG TESTING 2,574
AS A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION AND 2,575
WHOSE TEST RESULTS INDICATE THAT THE OFFENDER INGESTED OR WAS 2,576
INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE FOR THE DRUG TEST 2,577
IF THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT
66
HAS GENERAL CONTROL AND SUPERVISION OF THE OFFENDER REQUIRES 2,578
PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT PERFORMS THE 2,579
RANDOM DRUG TESTING ON AN OFFENDER UNDER DIVISION (D)(1) OR (2) 2,580
OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE DRUG TEST TO 2,582
THE APPROPRIATE DEPARTMENT OF PROBATION OR THE ADULT PAROLE
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 2,583
OFFENDER UNDER DIVISION (A)(2)(a) OF THIS SECTION. 2,585
Sec. 2929.17. The court imposing a sentence for a felony 2,595
upon an offender who is not required to serve a mandatory prison 2,596
term may impose any nonresidential sanction or combination of 2,597
nonresidential sanctions authorized under this section. If the 2,598
court imposes one or more nonresidential sanctions authorized
under this section, the court shall impose as a condition of the 2,600
sanction that, during the period of the nonresidential sanction, 2,601
the offender shall abide by the law and shall not leave the state
without the permission of the court or the offender's probation 2,602
officer.
The court imposing a sentence for a fourth degree felony 2,604
OMVI offense upon an offender who is required to serve a 2,606
mandatory term of local incarceration under division (G)(1) of 2,607
section 2929.13 of the Revised Code may impose upon the offender,
in addition to the mandatory term of local incarceration, a 2,608
nonresidential sanction or combination of nonresidential 2,609
sanctions under this section, and the offender shall serve or 2,610
satisfy the sanction or combination of sanctions after the 2,611
offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but 2,612
are not limited to, the following: 2,613
(A) A term of day reporting; 2,615
(B) A term of electronically monitored house arrest, a 2,617
term of electronic monitoring without house arrest, or a term of 2,618
house arrest without electronic monitoring; 2,619
(C) A term of community service of up to five hundred 2,621
hours pursuant to division (F) of section 2951.02 of the Revised 2,623
67
Code or, if the court determines that the offender is financially 2,624
incapable of fulfilling a financial sanction described in section 2,625
2929.18 of the Revised Code, a term of community service as an 2,626
alternative to a financial sanction; 2,627
(D) A term in a drug treatment program with a level of 2,629
security for the offender as determined necessary by the court; 2,630
(E) A term of intensive probation supervision; 2,632
(F) A term of basic probation supervision; 2,634
(G) A term of monitored time; 2,636
(H) A term of drug and alcohol use monitoring, INCLUDING 2,638
RANDOM DRUG TESTING PURSUANT TO SECTION 2951.05 OF THE REVISED 2,639
CODE;
(I) A curfew term; 2,641
(J) A requirement that the offender obtain employment; 2,643
(K) A requirement that the offender obtain education or 2,646
training;
(L) Provided the court obtains the prior approval of the 2,648
victim, a requirement that the offender participate in 2,649
victim-offender mediation; 2,650
(M) A license violation report; 2,652
(N) If the offense is a violation of section 2919.25 or a 2,654
violation of section 2903.11, 2903.12, or 2903.13 of the Revised 2,655
Code involving a person who was a family or household member at 2,656
the time of the violation, if the offender committed the offense 2,657
in the vicinity of one or more children who are not victims of 2,658
the offense, and if the offender or the victim of the offense is 2,659
a parent, guardian, custodian, or person in loco parentis of one 2,660
or more of those children, a requirement that the offender obtain 2,662
counseling. This division does not limit the court in requiring 2,663
the offender to obtain counseling for any offense or in any
circumstance not specified in this division. 2,664
Sec. 2929.19. (A)(1) The court shall hold a sentencing 2,673
hearing before imposing a sentence under this chapter upon an 2,675
offender who was convicted of or pleaded guilty to a felony and 2,676
68
before resentencing an offender who was convicted of or pleaded 2,677
guilty to a felony and whose case was remanded pursuant to 2,678
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 2,679
the offender, the prosecuting attorney, the victim or the 2,680
victim's representative in accordance with section 2930.14 of the 2,681
Revised Code, and, with the approval of the court, any other 2,682
person may present information relevant to the imposition of 2,683
sentence in the case. The court shall inform the offender of the 2,684
verdict of the jury or finding of the court and ask the offender 2,685
whether the offender has anything to say as to why sentence 2,686
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 2,688
imposing sentence on an offender who is being sentenced for a 2,690
sexually oriented offense that was committed on or after January 2,691
1, 1997, and that is not a sexually violent offense, and before 2,693
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1, 1997, 2,695
and who was not charged with a sexually violent predator 2,697
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court 2,698
shall conduct a hearing in accordance with division (B) of 2,700
section 2950.09 of the Revised Code to determine whether the 2,701
offender is a sexual predator. The court shall not conduct a 2,702
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 2,703
specification was included in the indictment, count in the 2,705
indictment, or information charging the sexually violent offense. 2,706
Before imposing sentence on an offender who is being sentenced 2,707
for a sexually oriented offense, the court also shall comply with 2,708
division (E) of section 2950.09 of the Revised Code. 2,709
(B)(1) At the sentencing hearing, the court, before 2,712
imposing sentence, shall consider the record, any information 2,713
presented at the hearing by any person pursuant to division (A) 2,714
of this section, and, if one was prepared, the presentence 2,715
69
investigation report made pursuant to section 2951.03 of the 2,716
Revised Code or Criminal Rule 32.2, and any victim impact 2,717
statement made pursuant to section 2947.051 of the Revised Code. 2,719
(2) The court shall impose a sentence and shall make a 2,721
finding that gives its reasons for selecting the sentence imposed 2,723
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 2,725
which the court is required to impose sentence pursuant to 2,726
division (G) of section 2929.14 of the Revised Code, if it 2,727
imposes a prison term for a felony of the fourth or fifth degree 2,728
or for a felony drug offense that is a violation of a provision 2,729
of Chapter 2925. of the Revised Code and that is specified as 2,730
being subject to division (B) of section 2929.13 of the Revised 2,732
Code for purposes of sentencing and, if the term is not a 2,733
mandatory prison term imposed pursuant to division (G)(2) of 2,734
section 2929.13 of the Revised Code for a felony OMVI offense, 2,735
its reasons for imposing the prison term, based upon the 2,736
overriding purposes and principles of felony sentencing set forth 2,737
in section 2929.11 of the Revised Code, and any factors listed in 2,738
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code 2,740
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of 2,743
the first or second degree or for a felony drug offense that is a 2,744
violation of a provision of Chapter 2925. of the Revised Code and 2,746
for which a presumption in favor of a prison term is specified as 2,747
being applicable, its reasons for not imposing the prison term 2,748
and for overriding the presumption, based upon the overriding 2,749
purposes and principles of felony sentencing set forth in section 2,750
2929.11 of the Revised Code, and the basis of the findings it 2,751
made under divisions (D)(1) and (2) of section 2929.13 of the 2,753
Revised Code.
(c) If it imposes consecutive sentences under section 2,756
2929.14 of the Revised Code, its reasons for imposing the 2,757
consecutive sentences;
70
(d) If the sentence is for one offense and it imposes a 2,759
prison term for the offense that is the maximum prison term 2,760
allowed for that offense by division (A) of section 2929.14 of 2,761
the Revised Code, its reasons for imposing the maximum prison 2,762
term;
(e) If the sentence is for two or more offenses arising 2,764
out of a single incident and it imposes a prison term for those 2,765
offenses that is the maximum prison term allowed for the offense 2,766
of the highest degree by division (A) of section 2929.14 of the 2,767
Revised Code, its reasons for imposing the maximum prison term. 2,768
(3) Subject to division (B)(4) of this section, if the 2,771
sentencing court determines at the sentencing hearing that a 2,772
prison term is necessary or required, the court shall do all of 2,773
the following:
(a) Impose a stated prison term; 2,775
(b) Notify the offender that, as part of the sentence, the 2,778
parole board may extend the stated prison term for certain 2,779
violations of prison rules for up to one-half of the stated 2,781
prison term;
(c) Notify the offender that the offender will be 2,783
supervised under section 2967.28 of the Revised Code after the 2,784
offender leaves prison if the offender is being sentenced for a 2,787
felony of the first degree or second degree, for a felony sex 2,790
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 2,794
offender caused or threatened to cause physical harm to a person; 2,795
(d) Notify the offender that the offender may be 2,797
supervised under section 2967.28 of the Revised Code after the 2,798
offender leaves prison if the offender is being sentenced for a 2,800
felony of the third, fourth, or fifth degree that is not subject 2,801
to division (B)(3)(c) of this section; 2,802
(e) Notify the offender that, if a period of supervision 2,805
is imposed following the offender's release from prison, as 2,807
described in division (B)(3)(c) or (d) of this section, and if 2,809
71
the offender violates that supervision OR A CONDITION OF 2,810
POST-RELEASE CONTROL IMPOSED UNDER DIVISION (B) OF SECTION 2,811
2967.131 OF THE REVISED CODE, the parole board may impose a 2,812
prison term, as part of the sentence, of up to one-half of the 2,813
stated prison term originally imposed upon the offender; 2,815
(f) REQUIRE THAT THE OFFENDER NOT INGEST OR BE INJECTED 2,818
WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG TESTING AS 2,819
PROVIDED IN SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED 2,821
CODE, WHICHEVER IS APPLICABLE TO THE OFFENDER WHO IS SERVING A 2,822
PRISON TERM, AND REQUIRE THAT THE RESULTS OF THE DRUG TEST 2,823
ADMINISTERED UNDER ANY OF THOSE SECTIONS INDICATE THAT THE 2,824
OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE. 2,825
(4) If the offender is being sentenced for a sexually 2,827
violent offense that the offender committed on or after January 2,828
1, 1997, and the offender also is convicted of or pleads guilty 2,830
to a sexually violent predator specification that was included in 2,831
the indictment, count in the indictment, or information charging 2,832
the sexually violent offense or if the offender is being 2,833
sentenced for a sexually oriented offense that the offender
committed on or after January 1, 1997, and the court imposing the 2,836
sentence has determined pursuant to division (B) of section 2,837
2950.09 of the Revised Code that the offender is a sexual 2,838
predator, the court shall include in the offender's sentence a 2,839
statement that the offender has been adjudicated as being a 2,840
sexual predator and shall comply with the requirements of section 2,841
2950.03 of the Revised Code. Additionally, in the circumstances 2,842
described in division (G) of section 2929.14 of the Revised Code, 2,843
the court shall impose sentence on the offender as described in 2,844
that division.
(5) If the sentencing court determines at the sentencing 2,847
hearing that a community control sanction should be imposed and 2,848
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 2,849
The court shall notify the offender that, if the conditions of 2,850
72
the sanction are violated, if the offender commits a violation of 2,852
any law, or if the offender leaves this state without the 2,853
permission of the court or the offender's probation officer, the 2,854
court may impose a longer time under the same sanction, may 2,857
impose a more restrictive sanction, or may impose a prison term 2,858
on the offender and shall indicate the specific prison term that 2,859
may be imposed as a sanction for the violation, as selected by 2,860
the court from the range of prison terms for the offense pursuant 2,861
to section 2929.14 of the Revised Code. 2,862
(6) Before imposing a financial sanction under section 2,864
2929.18 of the Revised Code or a fine under section 2929.25 of 2,865
the Revised Code, the court shall consider the offender's present 2,866
and future ability to pay the amount of the sanction or fine. 2,867
(C)(1) If the offender is being sentenced for a fourth 2,869
degree felony OMVI offense and if the court is required by 2,870
division (G)(1) of section 2929.13 of the Revised Code to impose 2,871
as a sanction a mandatory term of local incarceration, the court 2,872
shall impose the mandatory term of local incarceration in 2,873
accordance with that division, shall impose a mandatory fine in 2,874
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 2,875
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 2,876
the Revised Code. The court shall not impose a prison term on 2,877
the offender.
(2) If the offender is being sentenced for a fourth degree 2,879
felony OMVI offense and if the court is required by division 2,880
(G)(2) of section 2929.13 of the Revised Code to impose as a 2,881
sanction a mandatory prison term, the court shall impose the 2,882
mandatory prison term in accordance with that division, shall 2,883
impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose 2,884
an additional prison term as specified in section 2929.14 of the 2,885
Revised Code. The court shall not impose any community control 2,886
sanction on the offender.
73
(D) If the sentencing court determines at the sentencing 2,888
hearing that an offender is eligible for placement in a program 2,889
of shock incarceration under section 5120.031 of the Revised Code 2,890
or in an intensive program prison under section 5120.032 of the 2,891
Revised Code, the court, pursuant to division (K) of section 2,892
2929.14 of the Revised Code, may recommend placement of the
offender in a program of shock incarceration or an intensive 2,893
program prison, disapprove placement of the offender in a program 2,894
or prison of that nature, or make no recommendation. The court 2,895
shall make a finding that gives its reasons for its
recommendation or disapproval. 2,896
Sec. 2951.02. (A)(1) In determining whether to suspend a 2,911
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 2,913
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 2,914
2929.51 of the Revised Code, the court shall consider the risk 2,915
that the offender will commit another offense and the need for 2,916
protecting the public from the risk, the nature and circumstances 2,917
of the offense, and the history, character, and condition of the 2,918
offender. 2,919
(2) An offender who has been convicted of or pleaded 2,921
guilty to a misdemeanor shall not be placed on probation and 2,922
shall not otherwise have the sentence of imprisonment imposed 2,923
upon the offender suspended pursuant to division (A) of section 2,925
2929.51 of the Revised Code if either of the following applies: 2,927
(a) The offender is a repeat or dangerous offender, as 2,930
defined in section 2935.36 of the Revised Code. 2,931
(b) The misdemeanor offense involved was not a violation 2,934
of section 2923.12 of the Revised Code and was committed while 2,935
the offender was armed with a firearm or dangerous ordnance, as 2,936
defined in section 2923.11 of the Revised Code. 2,939
(B) The following do not control the court's discretion 2,941
but the court shall consider them in favor of placing an offender 2,942
74
who has been convicted of or pleaded guilty to a misdemeanor on 2,943
probation or in favor of otherwise suspending the offender's 2,944
sentence of imprisonment pursuant to division (A) of section 2,945
2929.51 of the Revised Code: 2,946
(1) The offense neither caused nor threatened serious harm 2,948
to persons or property, or the offender did not contemplate that 2,949
it would do so. 2,950
(2) The offense was the result of circumstances unlikely 2,952
to recur. 2,953
(3) The victim of the offense induced or facilitated it. 2,955
(4) There are substantial grounds tending to excuse or 2,957
justify the offense, though failing to establish a defense. 2,958
(5) The offender acted under strong provocation. 2,960
(6) The offender has no history of prior delinquency or 2,962
criminal activity, or has led a law-abiding life for a 2,963
substantial period before commission of the present offense. 2,964
(7) The offender is likely to respond affirmatively to 2,966
probationary or other court-imposed treatment. 2,967
(8) The character and attitudes of the offender indicate 2,969
that the offender is unlikely to commit another offense. 2,970
(9) The offender has made or will make restitution or 2,972
reparation to the victim of the offender's offense for the 2,973
injury, damage, or loss sustained. 2,974
(10) Imprisonment of the offender will entail undue 2,976
hardship to the offender or the offender's dependents. 2,977
(C)(1) When an offender who has been convicted of or 2,979
pleaded guilty to a misdemeanor is placed on probation or the 2,981
sentence of that type of offender otherwise is suspended pursuant 2,982
to division (A) of section 2929.51 of the Revised Code, the 2,984
probation or other suspension shall be at least on condition 2,985
that, during the period of probation or other suspension, the 2,986
offender shall abide by the law and shall not leave the state 2,988
without the permission of the court or the offender's probation 2,991
officer. In the interests of doing justice, rehabilitating the 2,992
75
offender, and ensuring the offender's good behavior, the court 2,993
may impose additional requirements on the offender. Compliance 2,994
with the additional requirements imposed under this division also
shall be a condition of the offender's probation or other 2,995
suspension. The additional requirements so imposed may include, 2,996
but shall not be limited to, any of the following: 2,997
(i)(a) A requirement that the offender make restitution 3,000
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 3,002
and for all or part of the value of the property that is the 3,003
subject of any theft offense, as defined in division (K) of 3,004
section 2913.01 of the Revised Code, that the offender committed;
(ii)(b) If the offense is a violation of section 2919.25 3,006
or a violation of section 2903.13 of the Revised Code involving a 3,008
person who was a family or household member at the time of the 3,009
violation, if the offender committed the offense in the vicinity 3,010
of one or more children who are not victims of the offense, and 3,011
if the offender or the victim of the offense is a parent,
guardian, custodian, or person in loco parentis of one or more of 3,012
those children, a requirement that the offender obtain 3,013
counseling. This division does not limit the court in imposing a 3,014
requirement that the offender obtain counseling for any offense 3,015
or in any circumstance not specified in this division. 3,016
(c) A REQUIREMENT THAT THE OFFENDER NOT INGEST OR BE 3,018
INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG TESTING 3,020
AND REQUIRING THAT THE RESULTS OF THE DRUG TEST INDICATE THAT THE 3,021
OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE. 3,022
IF THE COURT REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG 3,023
TESTING UNDER DIVISION (C)(1)(c) OF THIS SECTION, THE COUNTY 3,025
DEPARTMENT OF PROBATION, THE MULTICOUNTY DEPARTMENT OF PROBATION, 3,026
OR THE ADULT PAROLE AUTHORITY, AS APPROPRIATE, THAT HAS GENERAL 3,027
CONTROL AND SUPERVISION OF OFFENDERS WHO ARE ON PROBATION OR 3,028
OTHER SUSPENSION OR ARE UNDER A NONRESIDENTIAL SANCTION, SHALL 3,029
CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING PURSUANT TO 3,030
76
SECTION 2951.05 OF THE REVISED CODE. 3,031
(2) During the period of a misdemeanor offender's 3,033
probation or other suspension or during the period of a felon's 3,034
nonresidential sanction, authorized probation officers who are 3,036
engaged within the scope of their supervisory duties or 3,037
responsibilities may search, with or without a warrant, the 3,038
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 3,039
personal property, or other real property in which the offender 3,040
has a right, title, or interest or for which the offender has the 3,041
express or implied permission of a person with a right, title, or 3,043
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 3,044
abiding by the law or otherwise is not complying with the 3,045
conditions of the offender's probation or other suspension or the 3,047
conditions of the offender's nonresidential sanction. If a felon 3,048
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 3,049
described in division (A)(2)(a) of section 2929.15 of the Revised 3,050
Code, adult parole authority field officers with supervisory 3,051
responsibilities over the felon shall have the same search 3,052
authority relative to the felon during the period of the sanction 3,053
as is described under this division for probation officers. The 3,054
court that places the offender on probation or suspends the 3,056
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 3,058
that sentences the felon to a nonresidential sanction pursuant to 3,059
section 2929.17 of the Revised Code shall provide the offender 3,060
with a written notice that informs the offender that authorized 3,061
probation officers or adult parole authority field officers with 3,062
supervisory responsibilities over the offender who are engaged 3,063
within the scope of their supervisory duties or responsibilities 3,064
may conduct those types of searches during the period of 3,066
probation or other suspension or during the period of the 3,067
77
nonresidential sanction if they have reasonable grounds to 3,068
believe that the offender is not abiding by the law or otherwise 3,069
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 3,070
nonresidential sanction. 3,071
(D) The following do not control the court's discretion 3,073
but the court shall consider them against placing an offender who 3,074
has been convicted of or pleaded guilty to a misdemeanor on 3,075
probation and against otherwise suspending the offender's 3,076
sentence of imprisonment pursuant to division (A) of section 3,077
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 3,079
pardon, post-release control pursuant to section 2967.28 of the 3,081
Revised Code, or a probation or suspension pursuant to division 3,083
(A) of section 2929.51 of the Revised Code, previously granted 3,084
the offender.
(2) There is a substantial risk that, while at liberty 3,086
during the period of probation or other suspension, the offender 3,087
will commit another offense. 3,088
(3) The offender is in need of correctional or 3,090
rehabilitative treatment that can be provided best by the 3,091
offender's commitment to a locally governed and operated 3,092
residential facility.
(4) Regardless of whether the offender knew the age of the 3,094
victim, the victim of the offense was sixty-five years of age or 3,095
older or permanently and totally disabled at the time of the 3,096
commission of the offense. 3,097
(E) The criteria listed in divisions (B) and (D) of this 3,099
section shall not be construed to limit the matters that may be 3,100
considered in determining whether to suspend sentence of 3,101
imprisonment and place an offender who has been convicted of or 3,102
pleaded guilty to a misdemeanor on probation or whether to 3,103
otherwise suspend the offender's sentence of imprisonment 3,104
pursuant to division (A) of section 2929.51 of the Revised Code. 3,106
78
(F)(1) When an offender is convicted of or pleads guilty 3,110
to a misdemeanor, the court may require the offender, as a 3,111
condition of probation or as a condition of otherwise suspending 3,112
the offender's sentence pursuant to division (A) of section 3,113
2929.51 of the Revised Code, in addition to the conditions of 3,114
probation or other suspension imposed pursuant to division (C) of 3,115
this section, to perform supervised community service work under 3,116
the authority of health districts, park districts, counties, 3,117
municipal corporations, townships, other political subdivisions 3,118
of the state, or agencies of the state or any of its political 3,119
subdivisions, or under the authority of charitable organizations 3,120
that render services to the community or its citizens, in 3,121
accordance with this division. Supervised community service work 3,122
shall not be required as a condition of probation or other 3,123
suspension under this division unless the offender agrees to 3,124
perform the work offered as a condition of probation or other 3,125
suspension by the court. The court may require an offender who 3,126
agrees to perform the work to pay to it a reasonable fee to cover 3,127
the costs of the offender's participation in the work, including, 3,128
but not limited to, the costs of procuring a policy or policies 3,129
of liability insurance to cover the period during which the 3,130
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 3,132
to satisfy the payment of a fine imposed for the offense by 3,133
performing supervised community service work as described in this 3,134
division if the offender requests an opportunity to satisfy the 3,135
payment by this means and if the court determines the offender is 3,136
financially unable to pay the fine. 3,137
The supervised community service work that may be imposed 3,139
under this division shall be subject to the following 3,140
limitations: 3,141
(a) The court shall fix the period of the work and, if 3,143
necessary, shall distribute it over weekends or over other 3,144
appropriate times that will allow the offender to continue at the 3,145
79
offender's occupation or to care for the offender's family. The 3,146
period of the work as fixed by the court shall not exceed an 3,147
aggregate of two hundred hours. 3,148
(b) An agency, political subdivision, or charitable 3,150
organization must agree to accept the offender for the work 3,151
before the court requires the offender to perform the work for 3,152
the entity. A court shall not require an offender to perform 3,153
supervised community service work for an agency, political 3,154
subdivision, or charitable organization at a location that is an 3,155
unreasonable distance from the offender's residence or domicile, 3,156
unless the offender is provided with transportation to the 3,157
location where the work is to be performed. 3,158
(c) A court may enter into an agreement with a county 3,160
department of job and family services for the management, 3,161
placement, and supervision of offenders eligible for community 3,162
service work in work activities, developmental activities, and 3,164
alternative work activities under sections 5107.40 to 5107.69 of 3,166
the Revised Code. If a court and a county department of job and 3,168
family services have entered into an agreement of that nature, 3,169
the clerk of that court is authorized to pay directly to the 3,170
county department all or a portion of the fees collected by the 3,171
court pursuant to this division in accordance with the terms of 3,172
its agreement.
(d) Community service work that a court requires under 3,174
this division shall be supervised by an official of the agency, 3,175
political subdivision, or charitable organization for which the 3,176
work is performed or by a person designated by the agency, 3,177
political subdivision, or charitable organization. The official 3,178
or designated person shall be qualified for the supervision by 3,179
education, training, or experience, and periodically shall 3,180
report, in writing, to the court and to the offender's probation 3,181
officer concerning the conduct of the offender in performing the 3,182
work. 3,183
(2) When an offender is convicted of a felony, the court 3,185
80
may impose pursuant to sections 2929.15 and 2929.17 of the 3,186
Revised Code a sanction that requires the offender to perform 3,187
supervised community service work in accordance with this 3,188
division and under the authority of any agency, political 3,189
subdivision, or charitable organization as described in division 3,190
(F)(1) of this section. The court may require an offender who is 3,191
ordered to perform the work to pay to it a reasonable fee to 3,192
cover the costs of the offender's participation in the work, 3,193
including, but not limited to, the costs of procuring a policy or 3,194
policies of liability insurance to cover the period during which 3,195
the offender will perform the work. 3,196
A court may permit an offender convicted of a felony to 3,198
satisfy the payment of a fine imposed for the offense pursuant to 3,199
section 2929.18 of the Revised Code by performing supervised 3,200
community service work as described in this division if the court 3,202
determines that the offender is financially unable to pay the 3,203
fine.
The supervised community service work that may be imposed 3,205
under this division shall be subject to the limitations specified 3,206
in divisions (F)(1)(a) to (d) of this section, except that the 3,207
court is not required to obtain the agreement of the offender to 3,208
impose supervised community work as a sanction. Additionally, 3,209
the total of any period of supervised community service work 3,210
imposed on an offender under this division plus the period of all 3,211
other sanctions imposed pursuant to sections 2929.15, 2929.16, 3,212
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 3,214
section 4511.19 of the Revised Code, a municipal ordinance 3,215
relating to operating a vehicle while under the influence of 3,216
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,217
municipal ordinance relating to operating a vehicle with a 3,218
prohibited concentration of alcohol in the blood, breath, or 3,219
urine, the court may require, as a condition of probation in 3,221
81
addition to the required conditions of probation and the 3,222
discretionary conditions of probation that may be imposed 3,223
pursuant to division (C) of this section, any suspension or 3,224
revocation of a driver's or commercial driver's license or permit 3,225
or nonresident operating privilege, and all other penalties 3,226
provided by law or by ordinance, that the offender operate only a 3,227
motor vehicle equipped with an ignition interlock device that is 3,228
certified pursuant to section 4511.83 of the Revised Code. 3,229
(2) When a court requires an offender, as a condition of 3,231
probation pursuant to division (G)(1) of this section, to operate 3,232
only a motor vehicle equipped with an ignition interlock device 3,233
that is certified pursuant to section 4511.83 of the Revised 3,234
Code, the offender immediately shall surrender the offender's 3,235
driver's or commercial driver's license or permit to the court. 3,236
Upon the receipt of the offender's license or permit, the court 3,237
shall issue an order authorizing the offender to operate a motor 3,238
vehicle equipped with a certified ignition interlock device, 3,239
deliver the offender's license or permit to the bureau of motor 3,240
vehicles, and include in the abstract of the case forwarded to 3,241
the bureau pursuant to section 4507.021 of the Revised Code the 3,242
conditions of probation imposed pursuant to division (G)(1) of 3,243
this section. The court shall give the offender a copy of its 3,244
order, and that copy shall be used by the offender in lieu of a 3,245
driver's or commercial driver's license or permit until the 3,246
bureau issues a restricted license to the offender. 3,247
(3) Upon receipt of an offender's driver's or commercial 3,249
driver's license or permit pursuant to division (G)(2) of this 3,250
section, the bureau of motor vehicles shall issue a restricted 3,251
license to the offender. The restricted license shall be 3,252
identical to the surrendered license, except that it shall have 3,253
printed on its face a statement that the offender is prohibited 3,254
from operating a motor vehicle that is not equipped with an 3,255
ignition interlock device that is certified pursuant to section 3,256
4511.83 of the Revised Code. The bureau shall deliver the 3,257
82
offender's surrendered license or permit to the court upon 3,258
receipt of a court order requiring it to do so, or reissue the 3,259
offender's license or permit under section 4507.54 of the Revised 3,260
Code if the registrar destroyed the offender's license or permit 3,261
under that section. The offender shall surrender the restricted 3,262
license to the court upon receipt of the offender's surrendered 3,263
license or permit. 3,264
(4) If an offender violates a requirement of the court 3,266
imposed under division (G)(1) of this section, the offender's 3,267
driver's or commercial driver's license or permit or nonresident 3,268
operating privilege may be suspended as provided in section 3,269
4507.16 of the Revised Code. 3,270
(5)(H) As used in this division, "ignition SECTION: 3,273
(1) "REPEAT OFFENDER" AND "DANGEROUS OFFENDER" HAVE THE 3,275
SAME MEANINGS AS IN SECTION 2935.36 OF THE REVISED CODE. 3,278
(2) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 3,280
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 3,283
(3) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 3,285
2913.01 OF THE REVISED CODE. 3,287
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,289
SECTION 5120.63 OF THE REVISED CODE. 3,291
(5) "IGNITION interlock device" has the same meaning as in 3,295
section 4511.83 of the Revised Code.
Sec. 2951.03. (A)(1) No person who has been convicted of 3,304
or pleaded guilty to a felony shall be placed under a community 3,307
control sanction until a written presentence investigation report
has been considered by the court. If a court orders the 3,308
preparation of a presentence investigation report pursuant to 3,309
this section, section 2947.06 of the Revised Code, or Criminal 3,311
Rule 32.2, the officer making the report shall inquire into the 3,312
circumstances of the offense and the criminal record, social 3,313
history, and present condition of the defendant and any other 3,314
matters specified in Criminal Rule 32.2. Whenever the officer 3,315
considers it advisable, the officer's investigation may include a 3,316
83
physical and mental examination of the defendant. A PHYSICAL 3,317
EXAMINATION OF THE DEFENDANT MAY INCLUDE A DRUG TEST CONSISTING 3,318
OF A CHEMICAL ANALYSIS OF A BLOOD OR URINE SPECIMEN OF THE 3,319
DEFENDANT TO DETERMINE WHETHER THE DEFENDANT INGESTED OR WAS 3,320
INJECTED WITH A DRUG OF ABUSE. If, pursuant to section 2930.13 3,321
of the Revised Code, the victim of the offense of which the 3,324
defendant has been convicted wishes to make a statement regarding 3,325
the impact of the offense for the officer's use in preparing the 3,326
presentence investigation report, the officer shall comply within 3,327
WITH the requirements of that section.
(2) If a defendant is committed to any institution, the 3,330
presentence investigation report shall be sent to the institution 3,331
with the entry of commitment. If a defendant is committed to any 3,332
institution and a presentence investigation report is not 3,333
prepared regarding that defendant pursuant to this section, 3,334
section 2947.06 of the Revised Code, or Criminal Rule 32.2, the 3,335
director of the department of rehabilitation and correction or 3,336
the director's designee may order that an offender background 3,337
investigation and report be conducted and prepared regarding the
defendant pursuant to section 5120.16 of the Revised Code. 3,338
(B)(1) If a presentence investigation report is prepared 3,340
pursuant to this section, section 2947.06 of the Revised Code, or 3,342
Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's 3,343
counsel to read the report, except that the court shall not 3,344
permit the defendant or the defendant's counsel to read any of 3,345
the following: 3,346
(a) Any recommendation as to sentence; 3,348
(b) Any diagnostic opinions that, if disclosed, the court 3,350
believes might seriously disrupt a program of rehabilitation for 3,351
the defendant; 3,352
(c) Any sources of information obtained upon a promise of 3,354
confidentiality; 3,355
(d) Any other information that, if disclosed, the court 3,357
84
believes might result in physical harm or some other type of harm 3,358
to the defendant or to any other person. 3,359
(2) Prior to sentencing, the court shall permit the 3,361
defendant and the defendant's counsel to comment on the 3,362
presentence investigation report and, in its discretion, may 3,363
permit the defendant and the defendant's counsel to introduce 3,364
testimony or other information that relates to any alleged 3,365
factual inaccuracy contained in the report. 3,366
(3) If the court believes that any information in the 3,368
presentence investigation report should not be disclosed pursuant 3,369
to division (B)(1) of this section, the court, in lieu of making 3,370
the report or any part of the report available, shall state 3,371
orally or in writing a summary of the factual information 3,372
contained in the report that will be relied upon in determining 3,373
the defendant's sentence. The court shall permit the defendant 3,374
and the defendant's counsel to comment upon the oral or written 3,375
summary of the report. 3,376
(4) Any material that is disclosed to the defendant or the 3,378
defendant's counsel pursuant to this section shall be disclosed 3,379
to the prosecutor who is handling the prosecution of the case 3,380
against the defendant. 3,381
(5) If the comments of the defendant or the defendant's 3,383
counsel, the testimony they introduce, or any of the other 3,384
information they introduce alleges any factual inaccuracy in the 3,385
presentence investigation report or the summary of the report, 3,386
the court shall do either of the following with respect to each 3,387
alleged factual inaccuracy: 3,388
(a) Make a finding as to the allegation; 3,390
(b) Make a determination that no finding is necessary with 3,392
respect to the allegation, because the factual matter will not be 3,393
taken into account in the sentencing of the defendant. 3,394
(C) A court's decision as to the content of a summary 3,397
under division (B)(3) of this section or as to the withholding of 3,398
information under division (B)(1)(a), (b), (c), or (d) of this 3,399
85
section shall be considered to be within the discretion of the 3,400
court. No appeal can be taken from either of those decisions, 3,402
and neither of those decisions shall be the basis for a reversal 3,404
of the sentence imposed. 3,405
(D)(1) The contents of a presentence investigation report 3,407
prepared pursuant to this section, section 2947.06 of the Revised 3,408
Code, or Criminal Rule 32.2 and the contents of any written or 3,409
oral summary of a presentence investigation report or of a part 3,410
of a presentence investigation report described in division 3,411
(B)(3) of this section are confidential information and are not a 3,412
public record. The court, an appellate court, authorized 3,413
probation officers, investigators, and court personnel, the
defendant, the defendant's counsel, the prosecutor who is 3,414
handling the prosecution of the case against the defendant, and 3,415
authorized personnel of an institution to which the defendant is 3,416
committed may inspect, receive copies of, retain copies of, and 3,417
use a presentence investigation report or a written or oral 3,418
summary of a presentence investigation only for the purposes of
or only as authorized by Criminal Rule 32.2 or this section, 3,419
division (F)(1) of section 2953.08, section 2947.06, or another 3,420
section of the Revised Code. 3,421
(2) Immediately following the imposition of sentence upon 3,423
the defendant, the defendant or the defendant's counsel and the 3,424
prosecutor shall return to the court all copies of a presentence 3,425
investigation report and of any written summary of a presentence 3,426
investigation report or part of a presentence investigation 3,427
report that the court made available to the defendant or the 3,429
defendant's counsel and to the prosecutor pursuant to this
section. The defendant or the defendant's counsel and the 3,430
prosecutor shall not make any copies of the presentence 3,431
investigation report or of any written summary of a presentence 3,432
investigation report or part of a presentence investigation 3,433
report that the court made available to them pursuant to this
section. 3,434
86
(3) Except when a presentence investigation report or a 3,436
written or oral summary of a presentence investigation report is 3,437
being used for the purposes of or as authorized by Criminal Rule 3,438
32.2 or this section, division (F)(1) of section 2953.08, section 3,439
2947.06, or another section of the Revised Code, the court or 3,440
other authorized holder of the report or summary shall retain the 3,441
report or summary under seal.
(E) As used in this section: 3,443
(1) "Prosecutor" has the same meaning as in section 3,445
2935.01 of the Revised Code. 3,446
(2) "Community control sanction" has the same meaning as 3,448
in section 2929.01 of the Revised Code. 3,449
(3) "Public record" has the same meaning as in section 3,451
149.43 of the Revised Code. 3,452
Sec. 2951.05. (A) If an offender mentioned in section 3,462
2951.02 of the Revised Code resides in the county in which the 3,463
trial was conducted, the court that issues an order of probation 3,464
shall place the offender under the control and supervision of a 3,465
department of probation in the county that serves the court. If 3,466
there is no department of probation in the county that serves the 3,467
court, the probation order, under section 2301.32 of the Revised 3,469
Code, may place the offender on probation in charge of the adult 3,470
parole authority created by section 5149.02 of the Revised Code 3,471
that then shall have the powers and duties of a county department
of probation. If the offender resides in a county other than the 3,473
county in which the court granting probation is located and a 3,474
county department of probation has been established in the county 3,475
of residence or the county of residence is served by a 3,476
multicounty probation department, the order of probation may 3,477
request the court of common pleas of the county in which the 3,478
offender resides to receive him THE OFFENDER into the control and 3,479
supervision of that county or multicounty department of 3,481
probation, subject to the jurisdiction of the trial judge over 3,483
and with respect to the person of the offender, and to the rules 3,484
87
governing that department of probation. If the offender's county 3,485
of residence has no county or multicounty department of 3,486
probation, the judge may place him THE OFFENDER on probation in 3,488
charge of the adult parole authority created by section 5149.02 3,489
of the Revised Code. 3,490
(B)(1) A COUNTY DEPARTMENT OF PROBATION, A MULTICOUNTY 3,493
DEPARTMENT OF PROBATION, OR THE ADULT PAROLE AUTHORITY, AS 3,494
APPROPRIATE UNDER DIVISION (A) OF THIS SECTION, THAT HAS GENERAL 3,496
CONTROL AND SUPERVISION OF OFFENDERS WHO ARE REQUIRED TO SUBMIT 3,497
TO RANDOM DRUG TESTING UNDER DIVISION (C)(1)(c) OF SECTION 3,498
2951.02 OF THE REVISED CODE OR WHO ARE SUBJECT TO A 3,500
NONRESIDENTIAL SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER 3,501
SECTION 2929.17 OF THE REVISED CODE, MAY CAUSE EACH OFFENDER TO 3,504
SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A LABORATORY OR ENTITY 3,505
THAT HAS ENTERED INTO A CONTRACT WITH ANY OF THE GOVERNMENTAL 3,506
ENTITIES OR OFFICERS AUTHORIZED TO ENTER INTO A CONTRACT WITH 3,507
THAT LABORATORY OR ENTITY UNDER SECTION 341.26, 753.33, OR 3,508
5120.63 OF THE REVISED CODE. 3,510
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 3,513
(B)(1) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 3,514
IN THOSE DIVISIONS, THE COUNTY DEPARTMENT OF PROBATION, THE 3,515
MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE 3,516
AUTHORITY, AS APPROPRIATE, THAT HAS GENERAL CONTROL AND 3,517
SUPERVISION OF OFFENDERS DESCRIBED IN DIVISION (B)(1) OF THIS 3,518
SECTION SHALL CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING 3,519
PERFORMED BY A REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER 3,521
THE INDIVIDUAL WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR 3,522
WAS INJECTED WITH A DRUG OF ABUSE. 3,523
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 3,525
CONTRACT PURSUANT TO SECTION 341.26, 753.33, OR 5120.63 OF THE 3,526
REVISED CODE SHALL PERFORM THE RANDOM DRUG TESTING UNDER DIVISION 3,527
(B)(1) OF THIS SECTION IN ACCORDANCE WITH THE APPLICABLE 3,529
STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A 3,530
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER
88
DIVISION (B)(3) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS 3,531
SET FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE 3,532
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO SECTION 3,533
5120.63 OF THE REVISED CODE. AN OFFENDER WHO IS REQUIRED TO 3,534
SUBMIT TO RANDOM DRUG TESTING UNDER DIVISION (C)(1)(c) OF SECTION 3,537
2951.02 OF THE REVISED CODE OR WHO IS SUBJECT TO A NONRESIDENTIAL 3,540
SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER SECTION 2929.17 3,541
OF THE REVISED CODE SHALL PAY THE FEE FOR THE DRUG TEST IF THE 3,543
TEST RESULTS INDICATE THAT THE OFFENDER INGESTED OR WAS INJECTED 3,544
WITH A DRUG OF ABUSE AND IF THE COUNTY DEPARTMENT OF PROBATION,
THE MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE 3,545
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE 3,546
OFFENDER REQUIRES PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT 3,547
PERFORMS THE RANDOM DRUG TESTING ON AN OFFENDER UNDER DIVISION 3,548
(B)(1) OR (2) OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE 3,549
DRUG TEST TO THE APPROPRIATE COUNTY PROBATION DEPARTMENT, 3,550
MULTICOUNTY PROBATION DEPARTMENT, OR ADULT PAROLE AUTHORITY THAT 3,551
HAS GENERAL CONTROL AND SUPERVISION OF THE OFFENDER. 3,552
(C) As used in this section, "multicounty: 3,554
(1) "MULTICOUNTY department of probation" means a 3,557
probation department established under section 2301.27 of the 3,558
Revised Code to serve more than one county. 3,559
(2) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,562
SECTION 5120.63 OF THE REVISED CODE. 3,564
Sec. 2951.08. (A) During a period of probation or 3,574
community control, any field officer or probation officer may 3,575
arrest the person on probation or under a community control 3,576
sanction without a warrant and bring the person before the judge 3,577
or magistrate before whom the cause was pending. During a period 3,578
of probation or community control, any peace officer may arrest 3,579
the person on probation or under a community control sanction 3,580
without a warrant upon the written order of the chief county 3,581
probation officer if the person on probation or under a community 3,582
control sanction is under the supervision of that county
89
department of probation or on the order of an officer of the 3,584
adult parole authority created pursuant to section 5149.02 of the 3,585
Revised Code if the person on probation or under a community
control sanction is under the supervision of the authority. 3,587
During a period of probation or community control, any peace 3,588
officer may arrest the person on probation or under a community 3,589
control sanction on the warrant of the judge or magistrate before 3,590
whom the cause was pending.
During a period of probation or community control, any 3,592
peace officer may arrest the person on probation or under a 3,593
community control sanction without a warrant if the peace officer 3,595
has reasonable ground to believe the person has violated or is 3,596
violating any of the following that is a condition of the 3,597
person's probation or of the person's community control sanction: 3,598
(1) A condition that prohibits ownership, possession, or 3,601
use of a firearm, deadly weapon, ammunition, or dangerous
ordnance; 3,602
(2) A condition that prohibits the person from being 3,604
within a specified structure or geographic area; 3,606
(3) A condition that confines the person to a residence, 3,608
facility, or other structure; 3,609
(4) A condition that prohibits the person from contacting 3,611
or communicating with any specified individual; 3,613
(5) A condition that prohibits the person from associating 3,615
with a specified individual; 3,617
(6) A CONDITION AS PROVIDED IN DIVISION (C)(1)(c) OF 3,620
SECTION 2951.02 OF THE REVISED CODE OR IN DIVISION (A)(1) OF 3,623
SECTION 2929.15 OF THE REVISED CODE THAT REQUIRES THAT THE PERSON 3,625
NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO 3,626
RANDOM DRUG TESTING AND REQUIRES THAT THE RESULTS OF THE DRUG 3,627
TEST INDICATE THAT THE PERSON DID NOT INGEST OR WAS NOT INJECTED 3,629
WITH A DRUG OF ABUSE.
(B) Upon making an arrest under this section, the 3,631
arresting field officer, probation officer, or peace officer or 3,632
90
the department or agency of the arresting officer promptly shall 3,634
notify the chief probation officer or the chief probation 3,636
officer's designee that the person has been arrested. Upon being 3,637
notified that a peace officer has made an arrest under this 3,638
section, the chief probation officer or designee, or another 3,639
probation officer designated by the chief probation officer, 3,640
promptly shall bring the person who was arrested before the judge 3,641
or magistrate before whom the cause was pending. 3,642
(C) Nothing in this section limits the powers of arrest 3,644
granted to certain law enforcement officers and citizens under 3,646
sections 2935.03 and 2935.04 of the Revised Code. 3,647
(D) As used in this section: 3,649
(1) "Peace officer" has the same meaning as in section 3,651
2935.01 of the Revised Code. 3,652
(2) "Firearm," "deadly weapon," and "dangerous ordnance" 3,654
have the same meanings as in section 2923.11 of the Revised Code. 3,655
(3) "Community control sanction" has the same meaning as 3,657
in section 2929.01 of the Revised Code. 3,658
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,661
SECTION 5120.63 OF THE REVISED CODE. 3,663
Sec. 2967.01. As used in this chapter: 3,672
(A) "State correctional institution" includes any 3,675
institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, 3,676
care, or treatment of criminal, delinquent, or psychologically or 3,677
psychiatrically disturbed offenders. 3,678
(B) "Pardon" means the remission of penalty by the 3,680
governor in accordance with the power vested in the governor by 3,681
the constitution. 3,682
(C) "Commutation" or "commutation of sentence" means the 3,684
substitution by the governor of a lesser for a greater 3,685
punishment. A stated prison term may be commuted without the 3,687
consent of the convict, except when granted upon the acceptance 3,688
and performance by the convict of conditions precedent. After 3,689
91
commutation, the commuted prison term shall be the only one in 3,690
existence. The commutation may be stated in terms of commuting 3,691
from a named offense to a lesser included offense with a shorter 3,693
prison term, in terms of commuting from a stated prison term in 3,694
months and years to a shorter prison term in months and years, or 3,695
in terms of commuting from any other stated prison term to a 3,696
shorter prison term.
(D) "Reprieve" means the temporary suspension by the 3,698
governor of the execution of a sentence or prison term. The 3,699
governor may grant a reprieve without the consent of and against 3,700
the will of the convict.
(E) "Parole" means, regarding a prisoner who is serving a 3,702
prison term for aggravated murder or murder, who is serving a 3,703
prison term of life imprisonment for rape or FOR felonious sexual 3,704
penetration AS IT EXISTED UNDER SECTION 2907.12 OF THE REVISED 3,705
CODE PRIOR TO SEPTEMBER 3, 1996, or who was sentenced prior to 3,707
July 1, 1996, a release of the prisoner from confinement in any 3,709
state correctional institution by the adult parole authority that 3,710
is subject to the eligibility criteria specified in this chapter 3,711
and that is under the terms and conditions, and for the period of
time, prescribed by the authority in its published rules and 3,712
official minutes or required by division (A) of section 2967.131 3,713
of the Revised Code or another provision of this chapter. 3,714
(F) "Head of a state correctional institution" or "head of 3,717
the institution" means the resident head of the institution and 3,718
the person immediately in charge of the institution, whether 3,719
designated warden, superintendent, or any other name by which the 3,720
head is known.
(G) "Convict" means a person who has been convicted of a 3,722
felony under the laws of this state, whether or not actually 3,723
confined in a state correctional institution, unless the person 3,724
has been pardoned or has served the person's sentence or prison 3,725
term. 3,726
(H) "Prisoner" means a person who is in actual confinement 3,728
92
in a state correctional institution. 3,729
(I) "Parolee" means any inmate who has been released from 3,731
confinement on parole by order of the adult parole authority or 3,732
conditionally pardoned, who is under supervision of the adult 3,733
parole authority and has not been granted a final release, and 3,734
who has not been declared in violation of the inmate's parole by 3,735
the authority or is performing the prescribed conditions of a 3,736
conditional pardon. 3,737
(J) "Releasee" means an inmate who has been released from 3,739
confinement pursuant to section 2967.28 of the Revised Code under 3,741
a period of post-release control that includes one or more
post-release control sanctions. 3,742
(K) "Final release" means a remission by the adult parole 3,744
authority of the balance of the sentence or prison term of a 3,745
parolee or prisoner or the termination by the authority of a term 3,746
of post-release control of a releasee. 3,747
(L) "Parole violator" or "release violator" means any 3,749
parolee or releasee who has been declared to be in violation of 3,750
the condition of parole or post-release control specified in 3,751
division (A) OR (B) of section 2967.131 of the Revised Code or in 3,753
violation of any other term, condition, or rule of the parolee's 3,754
or releasee's parole or of the parolee's or releasee's 3,755
post-release control sanctions, the determination of which has 3,756
been made by the adult parole authority and recorded in its 3,757
official minutes.
(M) "Administrative release" means a termination of 3,759
jurisdiction over a particular sentence or prison term by the 3,760
adult parole authority for administrative convenience. 3,761
(N) "Post-release control" means a period of supervision 3,764
by the adult parole authority after a prisoner's release from 3,765
imprisonment that includes one or more post-release control 3,766
sanctions imposed under section 2967.28 of the Revised Code. 3,767
(O) "Post-release control sanction" means a sanction that 3,770
is authorized under sections 2929.16 to 2929.18 of the Revised 3,772
93
Code and that is imposed upon a prisoner upon the prisoner's 3,773
release from a prison term. 3,775
(P) "Community control sanction," "prison term," 3,778
"mandatory prison term," and "stated prison term" have the same 3,779
meanings as in section 2929.01 of the Revised Code. 3,780
(Q) "Transitional control" means control of a prisoner 3,782
under the transitional control program established by the 3,783
department of rehabilitation and correction under section 2967.26 3,784
of the Revised Code, if the department establishes a program of 3,786
that nature under that section.
(R) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN 3,788
SECTION 5120.63 OF THE REVISED CODE. 3,789
Sec. 2967.131. (A) In addition to any other terms and 3,798
conditions of a conditional pardon or parole, of transitional 3,800
control, or of another form of authorized release from 3,801
confinement in a state correctional institution that is granted 3,802
to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, 3,803
and in addition to any other sanctions of post-release control of 3,804
a felon imposed under section 2967.28 of the Revised Code, the 3,805
authority or, in the case of a conditional pardon, the governor 3,806
shall include in the terms and conditions of the conditional 3,807
pardon, parole, transitional control, or other form of authorized 3,808
release or shall include as conditions of the post-release 3,809
control the conditions that the individual or felon not leave the 3,810
state without permission of the court or the individual's or 3,811
felon's parole or probation officer and that the individual or 3,812
felon abide by the law during the period of the individual's or 3,815
felon's conditional pardon, parole, transitional control, other 3,816
form of authorized release, or post-release control. 3,819
(B)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION, AS 3,822
A CONDITION OF PAROLE OR POST-RELEASE CONTROL, MAY REQUIRE THAT 3,823
THE INDIVIDUAL OR FELON SHALL NOT INGEST OR BE INJECTED WITH A 3,824
DRUG OF ABUSE AND SHALL SUBMIT TO RANDOM DRUG TESTING AS PROVIDED 3,825
94
IN DIVISIONS (B)(2), (3), AND (4) OF THIS SECTION AND THAT THE 3,827
RESULTS OF THE DRUG TEST INDICATE THAT THE INDIVIDUAL OR FELON 3,828
DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE.
(2) IF THE ADULT PAROLE AUTHORITY HAS GENERAL CONTROL AND 3,831
SUPERVISION OF AN INDIVIDUAL OR FELON WHO IS REQUIRED TO SUBMIT 3,832
TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE OR POST-RELEASE 3,833
CONTROL UNDER DIVISION (B)(1) OF THIS SECTION, THE AUTHORITY MAY 3,834
CAUSE THE INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING 3,835
PERFORMED BY A LABORATORY OR ENTITY THAT HAS ENTERED INTO A 3,836
CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR OFFICERS 3,837
AUTHORIZED TO ENTER INTO A CONTRACT WITH THAT LABORATORY OR 3,838
ENTITY UNDER SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED 3,841
CODE.
(3) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION 3,844
(B)(2) OF THIS SECTION HAS ENTERED INTO A CONTRACT AS SPECIFIED 3,846
IN THAT DIVISION, THE ADULT PAROLE AUTHORITY SHALL CAUSE THE 3,847
INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY 3,848
A REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE INDIVIDUAL 3,851
OR FELON WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE. 3,852
(4) IF A LABORATORY OR ENTITY HAS ENTERED INTO A CONTRACT 3,854
WITH A GOVERNMENTAL ENTITY OR OFFICER AS SPECIFIED IN DIVISION 3,856
(B)(2) OF THIS SECTION, THE LABORATORY OR ENTITY SHALL PERFORM 3,857
THE RANDOM DRUG TESTING UNDER DIVISION (B)(2) OF THIS SECTION IN 3,858
ACCORDANCE WITH THE APPLICABLE STANDARDS THAT ARE INCLUDED IN THE 3,859
TERMS OF THAT CONTRACT. A PUBLIC LABORATORY SHALL PERFORM THE 3,860
RANDOM DRUG TESTS UNDER DIVISION (B)(3) OF THIS SECTION IN 3,861
ACCORDANCE WITH THE STANDARDS SET FORTH IN THE POLICIES AND 3,863
PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.63 OF THE REVISED CODE. AN 3,864
INDIVIDUAL OR FELON WHO IS REQUIRED UNDER DIVISION (B)(1) OF THIS 3,866
SECTION TO SUBMIT TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE 3,867
OR POST-RELEASE CONTROL AND WHOSE TEST RESULTS INDICATE THAT THE 3,868
INDIVIDUAL OR FELON INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE 3,869
95
SHALL PAY THE FEE FOR THE DRUG TEST IF THE ADULT PAROLE AUTHORITY 3,870
REQUIRES PAYMENT OF A FEE. A LABORATORY OR ENTITY THAT PERFORMS 3,871
THE RANDOM DRUG TESTING ON A PAROLEE OR RELEASEE UNDER DIVISION 3,873
(B)(2) OR (3) OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE 3,874
DRUG TEST TO THE ADULT PAROLE AUTHORITY. 3,875
(C) During the period of a conditional pardon or parole, 3,878
of transitional control, or of another form of authorized release 3,881
from confinement in a state correctional institution that is 3,882
granted to an individual and that involves the placement of the 3,883
individual under the supervision of the adult parole authority,
and during a period of post-release control of a felon imposed 3,884
under section 2967.28 of the Revised Code, authorized field 3,886
officers of the authority who are engaged within the scope of
their supervisory duties or responsibilities may search, with or 3,887
without a warrant, the person of the individual or felon, the 3,889
place of residence of the individual or felon, and a motor 3,892
vehicle, another item of tangible or intangible personal
property, or other real property in which the individual or felon 3,894
has a right, title, or interest or for which the individual or 3,896
felon has the express or implied permission of a person with a 3,899
right, title, or interest to use, occupy, or possess, if the 3,900
field officers have reasonable grounds to believe that the 3,902
individual or felon has left the state, is not abiding by the 3,904
law, or otherwise is not complying with the terms and conditions 3,905
of the individual's or felon's conditional pardon, parole, 3,906
transitional control, other form of authorized release, or 3,909
post-release control. The authority shall provide each 3,910
individual who is granted a conditional pardon or parole, 3,911
transitional control, or another form of authorized release from 3,912
confinement in a state correctional institution and each felon 3,913
who is under post-release control with a written notice that 3,915
informs the individual or felon that authorized field officers of 3,917
the authority who are engaged within the scope of their 3,920
supervisory duties or responsibilities may conduct those types of 3,921
96
searches during the period of the conditional pardon, parole, 3,922
transitional control, other form of authorized release, or 3,923
post-release control if they have reasonable grounds to believe 3,924
that the individual or felon has left the state, is not abiding 3,926
by the law, or otherwise is not complying with the terms and 3,927
conditions of the individual's or felon's conditional pardon, 3,930
parole, transitional control, other form of authorized release, 3,932
or post-release control.
Sec. 4511.83. (A) As used in this section: 3,941
(1) "Ignition interlock device" means a device that 3,943
connects a breath analyzer to a motor vehicle's ignition system, 3,944
that is constantly available to monitor the concentration by 3,945
weight of alcohol in the breath of any person attempting to start 3,946
that motor vehicle by using its ignition system, and that deters 3,947
starting the motor vehicle by use of its ignition system unless 3,948
the person attempting to so start the vehicle provides an 3,949
appropriate breath sample for the device and the device 3,950
determines that the concentration by weight of alcohol in the 3,951
person's breath is below a preset level. 3,952
(2) "Offender with restricted driving privileges" means an 3,954
offender who is subject to an order that was issued under 3,955
division (F) of section 4507.16 of the Revised Code as a 3,956
condition of the granting of occupational driving privileges or 3,957
an offender whose driving privilege is restricted as a condition 3,958
of probation pursuant to division (G) of section 2951.02 of the 3,960
Revised Code. 3,961
(B)(1) Except in cases of a substantial emergency when no 3,963
other person is reasonably available to drive in response to the 3,964
emergency, no person shall knowingly rent, lease, or lend a motor 3,965
vehicle to any offender with restricted driving privileges, 3,966
unless the vehicle is equipped with a functioning ignition 3,967
interlock device that is certified pursuant to division (D) of 3,968
this section. 3,969
(2) Any offender with restricted driving privileges who 3,971
97
rents, leases, or borrows a motor vehicle from another person 3,972
shall notify the person who rents, leases, or lends the motor 3,973
vehicle to the offender that the offender has restricted driving 3,975
privileges and of the nature of the restriction. 3,976
(3) Any offender with restricted driving privileges who is 3,978
required to operate a motor vehicle owned by the offender's 3,979
employer in the course and scope of the offender's employment may 3,981
operate that vehicle without the installation of an ignition 3,983
interlock device, provided that the employer has been notified 3,984
that the offender has restricted driving privileges and of the 3,985
nature of the restriction and provided further that the offender 3,986
has proof of the employer's notification in the offender's 3,987
possession while operating the employer's vehicle for normal 3,989
business duties. A motor vehicle owned by a business that is 3,990
partly or entirely owned or controlled by an offender with 3,991
restricted driving privileges is not a motor vehicle owned by an 3,992
employer, for purposes of this division. 3,993
(C) If a court, pursuant to division (F) of section 3,995
4507.16 of the Revised Code, imposes the use of an ignition 3,996
interlock device as a condition of the granting of occupational 3,997
driving privileges, the court shall require the offender to 3,998
provide proof of compliance to the court at least once quarterly 3,999
or more frequently as ordered by the court in its discretion. If 4,000
a court imposes the use of an ignition interlock device as a 4,001
condition of probation under division (I)(G) of section 2951.02 4,003
of the Revised Code, the court shall require the offender to 4,004
provide proof of compliance to the court or probation officer 4,005
prior to issuing any driving privilege or continuing the 4,006
probation status. In either case in which a court imposes the use 4,007
of such a device, the offender, at least once quarterly or more 4,008
frequently as ordered by the court in its discretion, shall have 4,009
the device inspected as ordered by the court for accurate 4,010
operation and shall provide the results of the inspection to the 4,011
court or, if applicable, to the offender's probation officer. 4,012
98
(D)(1) The director of public safety, upon consultation 4,014
with the director of health and in accordance with Chapter 119. 4,015
of the Revised Code, shall certify ignition interlock devices and 4,016
shall publish and make available to the courts, without charge, a 4,017
list of approved devices together with information about the 4,018
manufacturers of the devices and where they may be obtained. The 4,019
cost of obtaining the certification of an ignition interlock 4,020
device shall be paid by the manufacturer of the device to the 4,021
director of public safety and shall be deposited in the statewide 4,022
treatment and prevention fund established by section 4301.30 of 4,023
the Revised Code.
(2) The director of public safety, in accordance with 4,025
Chapter 119. of the Revised Code, shall adopt and publish rules 4,026
setting forth the requirements for obtaining the certification of 4,027
an ignition interlock device. No ignition interlock device shall 4,028
be certified by the director of public safety pursuant to 4,029
division (D)(1) of this section unless it meets the requirements 4,030
specified and published by the director in the rules adopted 4,031
pursuant to this division. The requirements shall include 4,032
provisions for setting a minimum and maximum calibration range 4,033
and shall include, but shall not be limited to, specifications 4,034
that the device complies with all of the following: 4,035
(a) It does not impede the safe operation of the vehicle. 4,037
(b) It has features that make circumvention difficult and 4,039
that do not interfere with the normal use of the vehicle. 4,040
(c) It correlates well with established measures of 4,042
alcohol impairment. 4,043
(d) It works accurately and reliably in an unsupervised 4,045
environment. 4,046
(e) It is resistant to tampering and shows evidence of 4,048
tampering if tampering is attempted. 4,049
(f) It is difficult to circumvent and requires 4,051
premeditation to do so. 4,052
(g) It minimizes inconvenience to a sober user. 4,054
99
(h) It requires a proper, deep-lung breath sample or other 4,056
accurate measure of the concentration by weight of alcohol in the 4,057
breath. 4,058
(i) It operates reliably over the range of automobile 4,060
environments. 4,061
(j) It is made by a manufacturer who is covered by product 4,063
liability insurance. 4,064
(3) The director of public safety may adopt, in whole or 4,066
in part, the guidelines, rules, regulations, studies, or 4,067
independent laboratory tests performed and relied upon by other 4,068
states, or their agencies or commissions, in the certification or 4,069
approval of ignition interlock devices. 4,070
(4) The director of public safety shall adopt rules in 4,072
accordance with Chapter 119. of the Revised Code for the design 4,073
of a warning label that shall be affixed to each ignition 4,074
interlock device upon installation. The label shall contain a 4,075
warning that any person tampering, circumventing, or otherwise 4,076
misusing the device is subject to a fine, imprisonment, or both 4,077
and may be subject to civil liability. 4,078
(E)(1) No offender with restricted driving privileges, 4,080
during any period that the offender is required to operate only a 4,082
motor vehicle equipped with an ignition interlock device, shall 4,083
request or permit any other person to breathe into the device or 4,084
start a motor vehicle equipped with the device, for the purpose 4,085
of providing the offender with an operable motor vehicle. 4,086
(2)(a) Except as provided in division (E)(2)(b) of this 4,088
section, no person shall breathe into an ignition interlock 4,089
device or start a motor vehicle equipped with an ignition 4,090
interlock device for the purpose of providing an operable motor 4,091
vehicle to an offender with restricted driving privileges. 4,092
(b) Division (E)(2)(a) of this section does not apply to 4,094
an offender with restricted driving privileges who breathes into 4,095
an ignition interlock device or starts a motor vehicle equipped 4,096
with an ignition interlock device for the purpose of providing 4,097
100
the offender with an operable motor vehicle. 4,098
(3) No unauthorized person shall tamper with or circumvent 4,100
the operation of an ignition interlock device. 4,101
Sec. 5120.63. (A) AS USED IN THIS SECTION: 4,103
(1) "RANDOM DRUG TESTING" MEANS A PROCEDURE IN WHICH BLOOD 4,105
OR URINE SPECIMENS ARE COLLECTED FROM INDIVIDUALS CHOSEN BY 4,106
AUTOMATIC, RANDOM SELECTION AND WITHOUT PREARRANGEMENT OR 4,107
PLANNING, FOR THE PURPOSE OF SCIENTIFICALLY ANALYZING THE 4,108
SPECIMENS TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS 4,109
INJECTED WITH A DRUG OF ABUSE. 4,110
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING 4,112
AS IN SECTION 2967.01 OF THE REVISED CODE. 4,113
(3) "STATED PRISON TERM" HAS THE SAME MEANING AS IN 4,115
SECTION 2929.01 OF THE REVISED CODE.
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,118
ESTABLISH AND ADMINISTER A STATEWIDE RANDOM DRUG TESTING PROGRAM 4,119
IN WHICH ALL PERSONS WHO WERE CONVICTED OF OR PLEADED GUILTY TO A 4,120
FELONY OFFENSE AND ARE SERVING A STATED PRISON TERM IN A STATE 4,121
CORRECTIONAL INSTITUTION SHALL SUBMIT TO RANDOM DRUG TESTING. 4,123
THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH LABORATORIES OR 4,124
ENTITIES IN THE STATE THAT ARE ACCREDITED BY THE NATIONAL 4,125
INSTITUTE ON DRUG ABUSE TO PERFORM BLOOD OR URINE SPECIMEN 4,126
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION, 4,127
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED 4,128
UNDER THIS SECTION IN THE PERFORMANCE OF RANDOM DRUG TESTING OF 4,129
PRISONERS IN THOSE CORRECTIONAL INSTITUTIONS. THE TERMS OF ANY 4,131
CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A
REQUIREMENT THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE 4,132
SUPERINTENDENTS, MANAGING OFFICERS, AND EMPLOYEES OF STATE 4,133
CORRECTIONAL INSTITUTIONS, ALL EMPLOYEES OF THE DEPARTMENT, AND 4,134
ALL OTHER PERSONS COMPLY WITH THE STANDARDS FOR THE PERFORMANCE 4,135
OF RANDOM DRUG TESTING AS SPECIFIED IN THE POLICIES AND 4,136
PROCEDURES ESTABLISHED BY THE DEPARTMENT UNDER DIVISION (D) OF 4,137
THIS SECTION. IF NO LABORATORY OR ENTITY HAS ENTERED INTO A 4,138
101
CONTRACT AS SPECIFIED IN THIS DIVISION, THE DEPARTMENT SHALL 4,139
CAUSE A PRISONER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A 4,140
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE PRISONER 4,141
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. 4,142
(C) A PRISONER WHO IS SUBJECTED TO RANDOM DRUG TESTING 4,145
UNDER THIS SECTION AND WHOSE TEST INDICATES THAT THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE 4,146
FOR THAT POSITIVE TEST AND OTHER SUBSEQUENT TEST FEES AS A 4,147
SANCTION SPECIFIED BY THE DEPARTMENT OF REHABILITATION AND 4,148
CORRECTION PURSUANT TO DIVISION (D)(6) OF THIS SECTION. 4,149
(D) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,152
ESTABLISH POLICIES AND PROCEDURES TO IMPLEMENT THE RANDOM DRUG 4,153
TESTING PROGRAM ESTABLISHED UNDER THIS SECTION. THE POLICIES AND 4,154
PROCEDURES SHALL INCLUDE, BUT ARE NOT LIMITED TO, PROVISIONS THAT 4,155
DO THE FOLLOWING:
(1) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG 4,158
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING
THE FOLLOWING: 4,159
(a) THE COLLECTION BY THE LABORATORY OR ENTITY DESCRIBED 4,161
IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS OF 4,162
INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY APPROVED MANNER AND 4,163
UNDER REASONABLE AND SANITARY CONDITIONS; 4,164
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY 4,166
DESCRIBED IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE 4,167
SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF THE INDIVIDUAL BEING 4,168
TESTED AND IN A MANNER REASONABLY CALCULATED TO PREVENT 4,169
SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND TESTING OF 4,170
THE SPECIMENS; 4,171
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS 4,173
COLLECTED BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) 4,174
OF THIS SECTION AND DOCUMENTATION PROCEDURES THAT REASONABLY 4,175
PRECLUDE THE POSSIBILITY OF ERRONEOUS IDENTIFICATION OF TEST 4,176
RESULTS AND THAT PROVIDE THE INDIVIDUAL BEING TESTED AN 4,177
OPPORTUNITY TO FURNISH INFORMATION IDENTIFYING ANY PRESCRIPTION 4,178
102
OR NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL IN CONNECTION 4,179
WITH A MEDICAL CONDITION; 4,180
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND 4,182
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION 4,183
(B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS IN A MANNER THAT 4,184
REASONABLY PRECLUDES THE POSSIBILITY OF CONTAMINATION OR 4,185
ADULTERATION OF THE SPECIMENS; 4,186
(e) THE TESTING BY THE LABORATORY OR ENTITY DESCRIBED IN 4,188
DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMEN OF AN 4,189
INDIVIDUAL TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS 4,190
INJECTED WITH A DRUG OF ABUSE, IN A MANNER THAT CONFORMS TO 4,191
SCIENTIFICALLY ACCEPTED ANALYTICAL METHODS AND PROCEDURES AND 4,192
THAT MAY INCLUDE VERIFICATION OR CONFIRMATION OF ANY POSITIVE 4,193
TEST RESULT BY A RELIABLE ANALYTICAL METHOD; 4,194
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE 4,196
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY DESCRIBED IN 4,197
DIVISION (B) OF THIS SECTION WHO IS QUALIFIED BY EDUCATION, 4,198
TRAINING, AND EXPERIENCE TO PERFORM THAT ANALYSIS AND WHOSE 4,200
REGULAR DUTIES INCLUDE THE ANALYSIS OF BLOOD OR URINE SPECIMENS 4,201
TO DETERMINE THE PRESENCE OF A DRUG OF ABUSE AND WHETHER THE 4,202
INDIVIDUAL WHO IS THE SUBJECT OF THE TEST INGESTED OR WAS 4,203
INJECTED WITH A DRUG OF ABUSE. 4,204
(2) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG 4,206
TESTING OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION; 4,207
(3) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM 4,209
SELECTION OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION TO 4,211
SUBMIT TO RANDOM DRUG TESTING UNDER THIS SECTION; 4,212
(4) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL 4,214
FROM THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) OF THIS 4,215
SECTION TO THE DEPARTMENT OF THE RESULTS OF THE RANDOM DRUG 4,216
TESTING OF PRISONERS IN STATE CORRECTIONAL INSTITUTIONS PURSUANT 4,217
TO DIVISION (F) OF THIS SECTION; 4,218
(5) ESTABLISH A REASONABLE FEE TO COVER THE COSTS 4,220
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSES PERFORMED BY A 4,221
103
LABORATORY OR ENTITY UNDER THIS SECTION AND ESTABLISH PROCEDURES 4,223
FOR THE COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO 4,224
THE DRUG TEST;
(6) ESTABLISH GUIDELINES FOR IMPOSING SANCTIONS UPON A 4,226
PRISONER WHOSE TEST RESULTS INDICATE THAT THE PRISONER INGESTED 4,227
OR WAS INJECTED WITH A DRUG OF ABUSE. 4,228
(E) THE WARDEN OF EACH CORRECTIONAL INSTITUTION, PURSUANT 4,230
TO THE CONTRACT ENTERED INTO UNDER DIVISION (B) OF THIS SECTION 4,232
OR, IF NO CONTRACT WAS ENTERED INTO UNDER THAT DIVISION, PURSUANT 4,233
TO THE POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF 4,234
REHABILITATION AND CORRECTION UNDER DIVISION (D) OF THIS SECTION, 4,236
SHALL FACILITATE THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND 4,237
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION 4,239
(B) OF THIS SECTION, OF THE BLOOD OR URINE SPECIMENS OF THE 4,240
PRISONERS IN THE STATE CORRECTIONAL INSTITUTION WHO ARE SUBJECT 4,241
TO RANDOM DRUG TESTING. 4,242
(F) A LABORATORY OR ENTITY THAT PERFORMS RANDOM DRUG 4,244
TESTING OF PRISONERS AND ANALYSES OF BLOOD OR URINE SPECIMENS 4,245
UNDER THIS SECTION SHALL TRANSMIT THE RESULTS OF EACH DRUG TEST 4,246
TO THE DEPARTMENT OF REHABILITATION AND CORRECTION. THE 4,247
DEPARTMENT SHALL FILE FOR RECORD THE RESULTS OF THE DRUG TESTS 4,248
THAT INDICATE WHETHER OR NOT EACH PRISONER IN THE STATE 4,249
CORRECTIONAL INSTITUTION WHO WAS SUBJECTED TO THE DRUG TEST 4,250
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DEPARTMENT 4,251
SHALL SEND A COPY OF THE RESULTS OF THE DRUG TESTS TO THE WARDEN 4,252
OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER WHO 4,253
WAS SUBJECTED TO THE DRUG TEST IS CONFINED. THE WARDEN SHALL 4,254
GIVE APPROPRIATE NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER 4,256
WHO WAS SUBJECTED TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS 4,257
INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG 4,258
OF ABUSE. IN ACCORDANCE WITH INSTITUTIONAL DISCIPLINARY 4,259
PROCEDURES, THE WARDEN SHALL AFFORD THAT PRISONER AN OPPORTUNITY 4,260
TO BE HEARD REGARDING THE RESULTS OF THE DRUG TEST AND TO PRESENT 4,261
CONTRARY EVIDENCE AT A HEARING HELD BEFORE THE WARDEN WITHIN 4,262
104
THIRTY DAYS AFTER NOTIFICATION TO THE PRISONER UNDER THIS 4,263
DIVISION. AFTER THE HEARING, IF A HEARING IS HELD, THE WARDEN 4,264
SHALL MAKE A DETERMINATION REGARDING ANY EVIDENCE PRESENTED BY 4,266
THE PRISONER. IF THE WARDEN REJECTS THE EVIDENCE PRESENTED BY 4,267
THE PRISONER AT THE HEARING OR IF NO HEARING IS HELD UNDER THIS 4,268
DIVISION, THE WARDEN MAY SUBJECT THE PRISONER TO SANCTIONS THAT 4,269
INCLUDE PAYMENT OF THE FEE FOR THE TEST. 4,270
(G) IF A PRISONER HAS BEEN SUBJECTED TO TWO OR MORE DRUG 4,273
TESTS PURSUANT TO THIS SECTION AND IF THE RESULTS OF TWO OF THOSE 4,274
TESTS INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A 4,275
DRUG OF ABUSE, THE PAROLE BOARD MAY EXTEND THE STATED PRISON TERM 4,276
OF THE PRISONER PURSUANT TO THE BAD TIME PROVISIONS IN SECTION 4,277
2967.11 OF THE REVISED CODE IF BY INGESTING OR BEING INJECTED 4,280
WITH THE DRUG OF ABUSE THE PRISONER COMMITTED A VIOLATION AS 4,281
DEFINED IN THAT SECTION.
(H) ALL FEES FOR RANDOM DRUG TESTS COLLECTED FROM 4,284
PRISONERS UNDER THIS SECTION OR COLLECTED BY THE ADULT PAROLE 4,285
AUTHORITY UNDER SECTION 2929.15, 2951.05, OR 2967.131 OF THE 4,287
REVISED CODE SHALL BE FORWARDED TO THE TREASURER OF STATE FOR 4,288
DEPOSIT IN THE OFFENDER FINANCIAL RESPONSIBILITY FUND CREATED IN 4,289
DIVISION (I) OF SECTION 5120.56 OF THE REVISED CODE. 4,291
Section 2. That existing sections 307.93, 341.06, 341.21, 4,293
341.23, 753.02, 753.04, 753.16, 2305.234, 2921.36, 2929.01, 4,294
2929.15, 2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 4,296
2967.01, 2967.131, and 4511.83 of the Revised Code are hereby 4,297
repealed.
Section 3. Sections 2929.01 and 2929.17 of the Revised 4,299
Code are presented in this act as composites of the sections as 4,301
amended by both Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd 4,302
General Assembly, with the new language of neither of the acts 4,303
shown in capital letters. Section 2951.02 of the Revised Code is 4,304
presented in this act as a composite of the section as amended by 4,305
H.B. 471, Am. S.B. 9, and Am. Sub. S.B. 107 of the 123rd General 4,306
Assembly, with the new language of none of the acts shown in 4,307
105
capital letters. This is in recognition of the principle stated 4,308
in division (B) of section 1.52 of the Revised Code that such 4,309
amendments are to be harmonized where not substantively 4,310
irreconcilable and constitutes a legislative finding that such is 4,311
the resulting version in effect prior to the effective date of 4,312
this act.
Section 4. The amendment of section 2305.234 of the 4,314
Revised Code by this act is not intended to supersede the earlier 4,315
repeal, with delayed effective date, of that section. 4,316