As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 107 5
1999-2000 6
SENATOR LATTA 8
_________________________________________________________________ 10
A B I L L
To amend sections 2901.04, 2923.02, 2925.02, 12
2925.03, 2925.04, 2925.05, 2925.11, 2925.23, 13
2925.36, 2927.24, 2929.01, 2929.12, 2929.13,
2929.14, 2929.15, 2929.17, 2929.18, 2929.19, 14
2929.20, 2929.223, 2935.36, 2937.99, 2941.141, 15
2941.144, 2941.145, 2941.146, 2941.1410, 2949.08,
2951.02, 2953.08, 2967.131, 2967.141, 2967.16, 16
2967.26, 2967.28, 3719.121, 3719.70, 3719.99, 18
4715.30, 4729.99, 4730.25, 4731.22, 5120.031, and
5120.032, to enact new section 2951.041, and to 19
repeal sections 2929.181 and 2951.041 of the 20
Revised Code to clarify and modify certain
provisions of the Controlled Substance Law and 21
Drug Abuse Law that were affected by Am. Sub. 22
S.B. 2 and Am. Sub. S.B. 269 of the 121st General 23
Assembly, to modify the felony sentencing law as 24
modified by those acts, and to clarify that
section 2929.181 of the Revised Code was repealed 25
by Am. Sub. S.B. 269 of the 121st General 26
Assembly, effective July 1, 1996.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2901.04, 2923.02, 2925.02, 30
2925.03, 2925.04, 2925.05, 2925.11, 2925.23, 2925.36, 2927.24, 31
2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 2929.18, 32
2929.19, 2929.20, 2929.223, 2935.36, 2937.99, 2941.141, 2941.144, 33
2941.145, 2941.146, 2941.1410, 2949.08, 2951.02, 2953.08, 34
2
2967.131, 2967.141, 2967.16, 2967.26, 2967.28, 3719.121, 3719.70, 36
3719.99, 4715.30, 4729.99, 4730.25, 4731.22, 5120.031, and 37
5120.032 be amended and new section 2951.041 of the Revised Code 38
be enacted to read as follows:
Sec. 2901.04. (A) Sections EXCEPT AS OTHERWISE PROVIDED 47
IN DIVISION (C) OF THIS SECTION, SECTIONS of the Revised Code 48
defining offenses or penalties shall be strictly construed 50
against the state, and liberally construed in favor of the 51
accused.
(B) Rules of criminal procedure and sections of the 53
Revised Code providing for criminal procedure shall be construed 54
so as to effect the fair, impartial, speedy, and sure 55
administration of justice.
(C) ANY PROVISION OF A SECTION OF THE REVISED CODE THAT 57
REFERS TO A PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A 58
VIOLATION OF A SECTION OF THE REVISED CODE OR OF A DIVISION OF A 59
SECTION OF THE REVISED CODE SHALL BE CONSTRUED TO ALSO REFER TO A
PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A SUBSTANTIALLY 60
EQUIVALENT OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE, 61
ANOTHER STATE, OR THE UNITED STATES OR UNDER AN EXISTING OR 62
FORMER MUNICIPAL ORDINANCE.
Sec. 2923.02. (A) No person, purposely or knowingly, and 71
when purpose or knowledge is sufficient culpability for the 72
commission of an offense, shall engage in conduct that, if 73
successful, would constitute or result in the offense. 74
(B) It is no defense to a charge under this section that, 76
in retrospect, commission of the offense that was the object of 78
the attempt was either factually or legally impossible under the 79
attendant circumstances, if that offense could have been 80
committed had the attendant circumstances been as the actor 81
believed them to be. 82
(C) No person who is convicted of committing a specific 84
offense, of complicity in the commission of an offense, or of 85
conspiracy to commit an offense shall be convicted of an attempt 86
3
to commit the same offense in violation of this section. 87
(D) It is an affirmative defense to a charge under this 89
section that the actor abandoned the actor's effort to commit the 91
offense or otherwise prevented its commission, under 92
circumstances manifesting a complete and voluntary renunciation 93
of the actor's criminal purpose. 95
(E) Whoever violates this section is guilty of an attempt 97
to commit an offense. An attempt to commit aggravated murder, 98
murder, or an offense for which the maximum penalty is 99
imprisonment for life is a felony of the first degree. AN 100
ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE PENALTY IS 101
DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF THE
CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE IS AN 102
OFFENSE OF THE SAME DEGREE AS THE DRUG ABUSE OFFENSE ATTEMPTED 103
WOULD BE IF THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD 104
INVOLVED AN AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED 105
SUBSTANCE THAT IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED
SUBSTANCE AMOUNTS THAN WAS INVOLVED IN THE ATTEMPT. An attempt 106
to commit any other offense is an offense of the next lesser 109
degree than the offense attempted. In the case of an attempt to 110
commit an offense other than a violation of Chapter 3734. of the 111
Revised Code that is not specifically classified, an attempt is a 112
misdemeanor of the first degree if the offense attempted is a 113
felony, and a misdemeanor of the fourth degree if the offense 114
attempted is a misdemeanor. In the case of an attempt to commit 115
a violation of any provision of Chapter 3734. of the Revised 116
Code, other than section 3734.18 of the Revised Code, that 117
relates to hazardous wastes, an attempt is a felony punishable by 118
a fine of not more than twenty-five thousand dollars or 119
imprisonment for not more than eighteen months, or both. An 120
attempt to commit a minor misdemeanor, or to engage in 121
conspiracy, is not an offense under this section.
(F) AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE 123
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE. 124
4
Sec. 2925.02. (A) No person shall knowingly do any of the 133
following: 134
(1) By force, threat, or deception, administer to another 136
or induce or cause another to use a controlled substance; 137
(2) By any means, administer or furnish to another or 139
induce or cause another to use a controlled substance with 140
purpose to cause serious physical harm to the other person, or 141
with purpose to cause the other person to become drug dependent; 142
(3) By any means, administer or furnish to another or 144
induce or cause another to use a controlled substance, and 145
thereby cause serious physical harm to the other person, or cause 146
the other person to become drug dependent; 147
(4) By any means, do any of the following: 149
(a) Furnish or administer a controlled substance to a 151
juvenile who is at least two years the offender's junior, when 153
the offender knows the age of the juvenile or is reckless in that 154
regard;
(b) Induce or cause a juvenile who is at least two years 156
the offender's junior to use a controlled substance, when the 158
offender knows the age of the juvenile or is reckless in that 159
regard;
(c) Induce or cause a juvenile who is at least two years 161
the offender's junior to commit a felony drug abuse offense, when 163
the offender knows the age of the juvenile or is reckless in that 164
regard; 165
(d) Use a juvenile, whether or not the offender knows the 167
age of the juvenile, to perform any surveillance activity that is 168
intended to prevent the detection of the offender or any other 169
person in the commission of a felony drug abuse offense or to 170
prevent the arrest of the offender or any other person for the 171
commission of a felony drug abuse offense. 172
(B) Division (A)(1), (3), or (4) of this section does not 174
apply to manufacturers, wholesalers, licensed health 175
professionals authorized to prescribe drugs, pharmacists, owners 177
5
of pharmacies, and other persons whose conduct is in accordance 178
with Chapters 3719., 4715., 4729., 4731., and 4741. of the 179
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 181
another with drugs. The penalty for the offense shall be 182
determined as follows: 183
(1) Except as otherwise provided in this division, if the 185
drug involved is any compound, mixture, preparation, or substance 187
included in schedule I or II, with the exception of marihuana, 188
corrupting another with drugs is a felony of the second degree, 189
and, subject to division (E) of this section, the court shall 190
impose as a mandatory prison term one of the prison terms 192
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 193
included in schedule I or II, with the exception of marihuana, 194
and if the offense was committed in the vicinity of a school, 195
corrupting another with drugs is a felony of the first degree, 196
and, subject to division (E) of this section, the court shall 197
impose as a mandatory prison term one of the prison terms 198
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 200
drug involved is any compound, mixture, preparation, or substance 201
included in schedule III, IV, or V, corrupting another with drugs 202
is a felony of the second degree, and there is a presumption for 203
a prison term for the offense. If the drug involved is any 204
compound, mixture, preparation, or substance included in schedule 205
III, IV, or V and if the offense was committed in the vicinity of 206
a school, corrupting another with drugs is a felony of the second 207
degree, and the court shall impose as a mandatory prison term one 208
of the prison terms prescribed for a felony of the second degree. 209
(3) Except as otherwise provided in this division, if the 211
drug involved is marihuana, corrupting another with drugs is a 213
felony of the fourth degree, and division (C) of section 2929.13 214
of the Revised Code applies in determining whether to impose a 215
6
prison term on the offender. If the drug involved is marihuana 216
and if the offense was committed in the vicinity of a school, 217
corrupting another with drugs is a felony of the third degree, 218
and division (C) of section 2929.13 of the Revised Code applies 219
in determining whether to impose a prison term on the offender. 220
(D) In addition to any prison term authorized or required 222
by division (C) or (E) of this section and sections 2929.13 and 223
2929.14 of the Revised Code and in addition to any other sanction 224
imposed for the offense under this section or sections 2929.11 to 225
2929.18 of the Revised Code, the court that sentences an offender 227
who is convicted of or pleads guilty to a violation of division 228
(A) of this section or the clerk of that court shall do all of 229
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 232
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 233
section 2929.18 of the Revised Code unless, as specified in that 234
division, the court determines that the offender is indigent. 235
(b) Notwithstanding any contrary provision of section 237
3719.21 of the Revised Code, any mandatory fine imposed pursuant 239
to division (D)(1)(a) of this section and any fine imposed for a 240
violation of this section pursuant to division (A) of section 241
2929.18 of the Revised Code shall be paid by the clerk of the 242
court in accordance with and subject to the requirements of, and 243
shall be used as specified in, division (F) of section 2925.03 of 244
the Revised Code.
(c) If a person is charged with any violation of this 246
section that is a felony of the first, second, or third degree, 248
posts bail, and forfeits the bail, the forfeited bail shall be
paid by the clerk of the court pursuant to division (D)(1)(b) of 249
this section as if it were a fine imposed for a violation of this 251
section.
(2) The court either shall revoke or, if it does not 254
revoke, shall suspend for not less than six months or more than 255
7
five years, the driver's or commercial driver's license or permit 256
of any person who is convicted of or pleads guilty to a violation 257
of this section that is a felony of the first degree and shall 258
suspend for not less than six months nor more than five years the 259
driver's or commercial driver's license or permit of any person 260
who is convicted of or pleads guilty to any other violation of 261
this section. If an offender's driver's or commercial driver's 262
license or permit is revoked pursuant to this division, the 263
offender, at any time after the expiration of two years from the 264
day on which the offender's sentence was imposed or from the day 265
on which the offender finally was released from a prison term 266
under the sentence, whichever is later, may file a motion with 267
the sentencing court requesting termination of the revocation. 268
Upon the filing of the motion and the court's finding of good 270
cause for the termination, the court may terminate the 271
revocation.
(3) If the offender is a professionally licensed person or 273
a person who has been admitted to the bar by order of the supreme 274
court in compliance with its prescribed and published rules, in 275
addition to any other sanction imposed for a violation of this 276
section, the court forthwith shall comply with section 2925.38 of 277
the Revised Code. 278
(E) Notwithstanding the prison term otherwise authorized 280
or required for the offense under division (C) of this section 281
and sections 2929.13 and 2929.14 of the Revised Code, if the 282
violation of division (A) of this section involves the sale, 284
offer to sell, or possession of a schedule I or II controlled 286
substance, with the exception of marihuana, and if the COURT 288
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 289
result of the violation, is a major drug offender AND IS GUILTY 290
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 291
THE REVISED CODE, the court, in lieu of the prison term that 292
otherwise is authorized or required, shall impose upon the 294
offender the mandatory prison term specified in division 295
8
(D)(3)(a) of section 2929.14 of the Revised Code and may impose 296
an additional prison term under division (D)(3)(b) of that 297
section.
Sec. 2925.03. (A) No person shall knowingly sell or offer 306
to sell a controlled substance. 307
(B) This section does not apply to any of the following: 309
(1) Manufacturers, licensed health professionals 311
authorized to prescribe drugs, pharmacists, owners of pharmacies, 313
and other persons whose conduct is in accordance with Chapters 314
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 315
Revised Code;
(2) If the offense involves an anabolic steroid, any 317
person who is conducting or participating in a research project 318
involving the use of an anabolic steroid if the project has been 319
approved by the United States food and drug administration; 320
(3) Any person who sells, offers for sale, prescribes, 322
dispenses, or administers for livestock or other nonhuman species 323
an anabolic steroid that is expressly intended for administration 324
through implants to livestock or other nonhuman species and 325
approved for that purpose under the "Federal Food, Drug, and 326
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 327
and is sold, offered for sale, prescribed, dispensed, or 328
administered for that purpose in accordance with that act. 329
(C) Whoever violates division (A) of this section is 331
guilty of one of the following: 332
(1) If the drug involved in the violation is any compound, 335
mixture, preparation, or substance included in schedule I or 336
schedule II, with the exception of marihuana, cocaine, L.S.D., 337
heroin, and hashish, whoever violates division (A) of this 339
section is guilty of aggravated trafficking in drugs. The 340
penalty for the offense shall be determined as follows: 341
(a) Except as otherwise provided in division (C)(1)(b), 344
(c), (d), (e), or (f) of this section, aggravated trafficking in 345
drugs is a felony of the fourth degree, and division (C) of 347
9
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 349
(b) Except as otherwise provided in division (C)(1)(c), 352
(d), (e), or (f) of this section, if the offense was committed in 353
the vicinity of a school or in the vicinity of a juvenile, 354
aggravated trafficking in drugs is a felony of the third degree, 355
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 356
(c) Except as otherwise provided in this division, if the 358
amount of the drug involved EQUALS OR exceeds the bulk amount but 360
does not exceed IS LESS THAN five times the bulk amount, 361
aggravated trafficking in drugs is a felony of the third degree, 363
and the court shall impose as a mandatory prison term one of the 364
prison terms prescribed for a felony of the third degree. If the 365
amount of the drug involved is within that range and if the 366
offense was committed in the vicinity of a school or in the 367
vicinity of a juvenile, aggravated trafficking in drugs is a 368
felony of the second degree, and the court shall impose as a 369
mandatory prison term one of the prison terms prescribed for a 370
felony of the second degree.
(d) Except as otherwise provided in this division, if the 372
amount of the drug involved EQUALS OR exceeds five times the bulk 374
amount but does not exceed IS LESS THAN fifty times the bulk 375
amount, aggravated trafficking in drugs is a felony of the second 376
degree, and the court shall impose as a mandatory prison term one 377
of the prison terms prescribed for a felony of the second degree. 378
If the amount of the drug involved is within that range and if 379
the offense was committed in the vicinity of a school or in the 380
vicinity of a juvenile, aggravated trafficking in drugs is a 381
felony of the first degree, and the court shall impose as a 382
mandatory prison term one of the prison terms prescribed for a 383
felony of the first degree. 384
(e) If the amount of the drug involved EQUALS OR exceeds 386
fifty times the bulk amount but does not exceed IS LESS THAN one 387
10
hundred times the bulk amount and regardless of whether the 389
offense was committed in the vicinity of a school or in the 390
vicinity of a juvenile, aggravated trafficking in drugs is a 391
felony of the first degree, and the court shall impose as a 392
mandatory prison term one of the prison terms prescribed for a 393
felony of the first degree. 394
(f) If the amount of the drug involved EQUALS OR exceeds 396
one hundred times the bulk amount and regardless of whether the 397
offense was committed in the vicinity of a school or in the 398
vicinity of a juvenile, aggravated trafficking in drugs is a 399
felony of the first degree, THE OFFENDER IS A MAJOR DRUG 401
OFFENDER, and the court shall impose as a mandatory prison term 402
the maximum prison term prescribed for a felony of the first 403
degree and may impose an additional prison term prescribed for a 404
major drug offender under division (D)(3)(b) of section 2929.14 405
of the Revised Code. 406
(2) If the drug involved in the violation is any compound, 409
mixture, preparation, or substance included in schedule III, IV, 410
or V, whoever violates division (A) of this section is guilty of 411
trafficking in drugs. The penalty for the offense shall be 412
determined as follows: 413
(a) Except as otherwise provided in division (C)(2)(b), 416
(c), (d), or (e) of this section, trafficking in drugs is a 418
felony of the fifth degree, and division (C) of section 2929.13 419
of the Revised Code applies in determining whether to impose a 420
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 423
(d), or (e) of this section, if the offense was committed in the 424
vicinity of a school or in the vicinity of a juvenile, 425
trafficking in drugs is a felony of the fourth degree, and 426
division (C) of section 2929.13 of the Revised Code applies in 427
determining whether to impose a prison term on the offender. 429
(c) Except as otherwise provided in this division, if the 431
amount of the drug involved EQUALS OR exceeds the bulk amount but 433
11
does not exceed IS LESS THAN five times the bulk amount, 434
trafficking in drugs is a felony of the fourth degree, and there 436
is a presumption for a prison term for the offense. If the 437
amount of the drug involved is within that range and if the 438
offense was committed in the vicinity of a school or in the 439
vicinity of a juvenile, trafficking in drugs is a felony of the 440
third degree, and there is a presumption for a prison term for 441
the offense.
(d) Except as otherwise provided in this division, if the 443
amount of the drug involved EQUALS OR exceeds five times the bulk 445
amount but does not exceed IS LESS THAN fifty times the bulk 447
amount, trafficking in drugs is a felony of the third degree, and
there is a presumption for a prison term for the offense. If the 449
amount of the drug involved is within that range and if the 450
offense was committed in the vicinity of a school or in the 451
vicinity of a juvenile, trafficking in drugs is a felony of the 452
second degree, and there is a presumption for a prison term for 453
the offense.
(e) Except as otherwise provided in this division, if the 455
amount of the drug involved EQUALS OR exceeds fifty times the 457
bulk amount, trafficking in drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term one 459
of the prison terms prescribed for a felony of the second degree. 460
If the amount of the drug involved EQUALS OR exceeds fifty times 461
the bulk amount and if the offense was committed in the vicinity 463
of a school or in the vicinity of a juvenile, trafficking in 464
drugs is a felony of the first degree, and the court shall impose 465
as a mandatory prison term one of the prison terms prescribed for 466
a felony of the first degree. 467
(3) If the drug involved in the violation is marihuana or 469
a compound, mixture, preparation, or substance containing 470
marihuana other than hashish, whoever violates division (A) of 472
this section is guilty of trafficking in marihuana. The penalty 473
for the offense shall be determined as follows: 474
12
(a) Except as otherwise provided in division (C)(3)(b), 477
(c), (d), (e), (f), or (g) of this section, trafficking in 478
marihuana is a felony of the fifth degree, and division (C) of 481
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 482
(b) Except as otherwise provided in division (C)(3)(c), 485
(d), (e), (f), or (g) of this section, if the offense was 487
committed in the vicinity of a school or in the vicinity of a 488
juvenile, trafficking in marihuana is a felony of the fourth 489
degree, and division (C) of section 2929.13 of the Revised Code 490
applies in determining whether to impose a prison term on the 491
offender.
(c) Except as otherwise provided in this division, if the 493
amount of the drug involved EQUALS OR exceeds two hundred grams 495
but does not exceed IS LESS THAN one thousand grams, trafficking 496
in marihuana is a felony of the fourth degree, and division (C) 498
of section 2929.13 of the Revised Code applies in determining 499
whether to impose a prison term on the offender. If the amount 500
of the drug involved is within that range and if the offense was 501
committed in the vicinity of a school or in the vicinity of a 502
juvenile, trafficking in marihuana is a felony of the third 503
degree, and division (C) of section 2929.13 of the Revised Code 504
applies in determining whether to impose a prison term on the 506
offender.
(d) Except as otherwise provided in this division, if the 508
amount of the drug involved EQUALS OR exceeds one thousand grams 510
but does not exceed IS LESS THAN five thousand grams, trafficking 511
in marihuana is a felony of the third degree, and division (C) of 513
section 2929.13 of the Revised Code applies in determining 515
whether to impose a prison term on the offender. If the amount
of the drug involved is within that range and if the offense was 517
committed in the vicinity of a school or in the vicinity of a 518
juvenile, trafficking in marihuana is a felony of the second 519
degree, and there is a presumption that a prison term shall be 520
13
imposed for the offense.
(e) Except as otherwise provided in this division, if the 522
amount of the drug involved EQUALS OR exceeds five thousand grams 524
but does not exceed IS LESS THAN twenty thousand grams, 525
trafficking in marihuana is a felony of the third degree, and 527
there is a presumption that a prison term shall be imposed for 528
the offense. If the amount of the drug involved is within that 529
range and if the offense was committed in the vicinity of a 530
school or in the vicinity of a juvenile, trafficking in marihuana 531
is a felony of the second degree, and there is a presumption that 532
a prison term shall be imposed for the offense. 533
(f) Except as otherwise provided in this division, if the 535
amount of the drug involved EQUALS OR exceeds twenty thousand 537
grams, trafficking in marihuana is a felony of the second degree, 538
and the court shall impose as a mandatory prison term the maximum 539
prison term prescribed for a felony of the second degree. If the 540
amount of the drug involved EQUALS OR exceeds twenty thousand 541
grams and if the offense was committed in the vicinity of a 543
school or in the vicinity of a juvenile, trafficking in marihuana 544
is a felony of the first degree, and the court shall impose as a 545
mandatory prison term the maximum prison term prescribed for a 546
felony of the first degree. 547
(g) Except as otherwise provided in this division, if the 550
offense involves a gift of twenty grams or less of marihuana, 551
trafficking in marihuana is a minor misdemeanor upon a first 552
offense and a misdemeanor of the third degree upon a subsequent 553
offense. If the offense involves a gift of twenty grams or less 554
of marihuana and if the offense was committed in the vicinity of 555
a school or in the vicinity of a juvenile, trafficking in 556
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 558
compound, mixture, preparation, or substance containing cocaine, 559
whoever violates division (A) of this section is guilty of 561
trafficking in cocaine. The penalty for the offense shall be
14
determined as follows: 562
(a) Except as otherwise provided in division (C)(4)(b), 565
(c), (d), (e), (f), or (g) of this section, trafficking in 566
cocaine is a felony of the fifth degree, and division (C) of 568
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 570
(b) Except as otherwise provided in division (C)(4)(c), 573
(d), (e), (f), or (g) of this section, if the offense was 574
committed in the vicinity of a school or in the vicinity of a 576
juvenile, trafficking in cocaine is a felony of the fourth 577
degree, and division (C) of section 2929.13 of the Revised Code 578
applies in determining whether to impose a prison term on the 580
offender.
(c) Except as otherwise provided in this division, if the 582
amount of the drug involved EQUALS OR exceeds five grams but does 583
not exceed IS LESS THAN ten grams of cocaine that is not crack 586
cocaine or EQUALS OR exceeds one gram but does not exceed IS LESS 587
THAN five grams of crack cocaine, trafficking in cocaine is a 588
felony of the fourth degree, and there is a presumption for a 589
prison term for the offense. If the amount of the drug involved 590
is within one of those ranges and if the offense was committed in 591
the vicinity of a school or in the vicinity of a juvenile, 592
trafficking in cocaine is a felony of the third degree, and there 593
is a presumption for a prison term for the offense. 594
(d) Except as otherwise provided in this division, if the 596
amount of the drug involved EQUALS OR exceeds ten grams but does 597
not exceed IS LESS THAN one hundred grams of cocaine that is not 599
crack cocaine or EQUALS OR exceeds five grams but does not exceed 601
IS LESS THAN ten grams of crack cocaine, trafficking in cocaine 602
is a felony of the third degree, and the court shall impose as a 603
mandatory prison term one of the prison terms prescribed for a 604
felony of the third degree. If the amount of the drug involved 605
is within one of those ranges and if the offense was committed in 607
the vicinity of a school or in the vicinity of a juvenile, 608
15
trafficking in cocaine is a felony of the second degree, and the 611
court shall impose as a mandatory prison term one of the prison 612
terms prescribed for a felony of the second degree. 613
(e) Except as otherwise provided in this division, if the 615
amount of the drug involved EQUALS OR exceeds one hundred grams 616
but does not exceed IS LESS THAN five hundred grams of cocaine 618
that is not crack cocaine or EQUALS OR exceeds ten grams but does 620
not exceed IS LESS THAN twenty-five grams of crack cocaine, 621
trafficking in cocaine is a felony of the second degree, and the 623
court shall impose as a mandatory prison term one of the prison 624
terms prescribed for a felony of the second degree. If the 625
amount of the drug involved is within one of those ranges and if 627
the offense was committed in the vicinity of a school or in the 628
vicinity of a juvenile, trafficking in cocaine is a felony of the 631
first degree, and the court shall impose as a mandatory prison 632
term one of the prison terms prescribed for a felony of the first 633
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 635
five hundred grams but does not exceed IS LESS THAN one thousand 636
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 639
twenty-five grams but does not exceed IS LESS THAN one hundred 640
grams of crack cocaine and regardless of whether the offense was 642
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in cocaine is a felony of the first degree, 645
and the court shall impose as a mandatory prison term one of the 646
prison terms prescribed for a felony of the first degree. 647
(g) If the amount of the drug involved EQUALS OR exceeds 649
one thousand grams of cocaine that is not crack cocaine or EQUALS 651
OR exceeds one hundred grams of crack cocaine and regardless of 653
whether the offense was committed in the vicinity of a school or 654
in the vicinity of a juvenile, trafficking in cocaine is a felony 655
of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and 657
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may 658
16
impose an additional mandatory prison term prescribed for a major 659
drug offender under division (D)(3)(b) of section 2929.14 of the 661
Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 664
compound, mixture, preparation, or substance containing L.S.D., 665
whoever violates division (A) of this section is guilty of 666
trafficking in L.S.D. The penalty for the offense shall be 668
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 671
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 673
is a felony of the fifth degree, and division (C) of section 674
2929.13 of the Revised Code applies in determining whether to 676
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 679
(d), (e), (f), or (g) of this section, if the offense was 680
committed in the vicinity of a school or in the vicinity of a 681
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 683
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 684
(c) Except as otherwise provided in this division, if the 686
amount of the drug involved EQUALS OR exceeds ten unit doses but 688
does not exceed IS LESS THAN fifty unit doses of L.S.D. in a 689
solid form or EQUALS OR exceeds one gram but does not exceed IS 691
LESS THAN five grams of L.S.D. in a liquid concentrate, liquid 692
extract, or liquid distillate form, trafficking in L.S.D. is a 695
felony of the fourth degree, and there is a presumption for a 696
prison term for the offense. If the amount of the drug involved 697
is within that range and if the offense was committed in the 698
vicinity of a school or in the vicinity of a juvenile, 699
trafficking in L.S.D. is a felony of the third degree, and there 701
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the 703
amount of the drug involved EQUALS OR exceeds fifty unit doses 705
but does not exceed IS LESS THAN two hundred fifty unit doses of 707
17
L.S.D. in a solid form or EQUALS OR exceeds five grams but does 708
not exceed IS LESS THAN twenty-five grams of L.S.D. in a liquid 709
concentrate, liquid extract, or liquid distillate form, 711
trafficking in L.S.D. is a felony of the third degree, and the 715
court shall impose as a mandatory prison term one of the prison 716
terms prescribed for a felony of the third degree. If the amount 717
of the drug involved is within that range and if the offense was 718
committed in the vicinity of a school or in the vicinity of a 719
juvenile, trafficking in L.S.D. is a felony of the second degree, 720
and the court shall impose as a mandatory prison term one of the 721
prison terms prescribed for a felony of the second degree. 722
(e) Except as otherwise provided in this division, if the 724
amount of the drug involved EQUALS OR exceeds two hundred fifty 726
unit doses but does not exceed IS LESS THAN one thousand unit 728
doses of L.S.D. in a solid form or EQUALS OR exceeds twenty-five 729
grams but does not exceed IS LESS THAN one hundred grams of 731
L.S.D. in a liquid concentrate, liquid extract, or liquid 733
distillate form, trafficking in L.S.D. is a felony of the second 735
degree, and the court shall impose as a mandatory prison term one 736
of the prison terms prescribed for a felony of the second degree. 737
If the amount of the drug involved is within that range and if 738
the offense was committed in the vicinity of a school or in the 739
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 741
first degree, and the court shall impose as a mandatory prison 742
term one of the prison terms prescribed for a felony of the first 743
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 745
one thousand unit doses but does not exceed IS LESS THAN five 746
thousand unit doses of L.S.D. in a solid form or EQUALS OR 749
exceeds one hundred grams but does not exceed IS LESS THAN five 751
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 753
or liquid distillate form and regardless of whether the offense 754
was committed in the vicinity of a school or in the vicinity of a 755
juvenile, trafficking in L.S.D. is a felony of the first degree, 757
18
and the court shall impose as a mandatory prison term one of the 758
prison terms prescribed for a felony of the first degree. 759
(g) If the amount of the drug involved EQUALS OR exceeds 761
five thousand unit doses of L.S.D. in a solid form or EQUALS OR 763
exceeds five hundred grams of L.S.D. in a liquid concentrate, 765
liquid extract, or liquid distillate form and regardless of 768
whether the offense was committed in the vicinity of a school or 769
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 772
of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and 773
the court shall impose as a mandatory prison term the maximum 774
prison term prescribed for a felony of the first degree and may 775
impose an additional mandatory prison term prescribed for a major 776
drug offender under division (D)(3)(b) of section 2929.14 of the 778
Revised Code.
(6) If the drug involved in the violation is heroin or a 780
compound, mixture, preparation, or substance containing heroin, 781
whoever violates division (A) of this section is guilty of 783
trafficking in heroin. The penalty for the offense shall be
determined as follows: 784
(a) Except as otherwise provided in division (C)(6)(b), 787
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 789
is a felony of the fifth degree, and division (C) of section 790
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 792
(b) Except as otherwise provided in division (C)(6)(c), 795
(d), (e), (f), or (g) of this section, if the offense was 796
committed in the vicinity of a school or in the vicinity of a 799
juvenile, trafficking in heroin is a felony of the fourth degree, 800
and division (C) of section 2929.13 of the Revised Code applies 802
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 804
amount of the drug involved EQUALS OR EXCEEDS TEN UNIT DOSES BUT 805
IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR exceeds one gram but 807
does not exceed IS LESS THAN five grams, trafficking in heroin is 808
19
a felony of the fourth degree, and there is a presumption for a 810
prison term for the offense. If the amount of the drug involved 811
is within that range and if the offense was committed in the 812
vicinity of a school or in the vicinity of a juvenile, 813
trafficking in heroin is a felony of the third degree, and there 814
is a presumption for a prison term for the offense. 815
(d) Except as otherwise provided in this division, if the 817
amount of the drug involved EQUALS OR EXCEEDS FIFTY UNIT DOSES 818
BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR EQUALS OR exceeds five 819
grams but does not exceed IS LESS THAN ten grams, trafficking in 820
heroin is a felony of the third degree, and there is a 823
presumption for a prison term for the offense. If the amount of 824
the drug involved is within that range and if the offense was 825
committed in the vicinity of a school or in the vicinity of a 826
juvenile, trafficking in heroin is a felony of the second degree, 827
and there is a presumption for a prison term for the offense. 828
(e) Except as otherwise provided in this division, if the 830
amount of the drug involved EQUALS OR EXCEEDS ONE HUNDRED UNIT 831
DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES OR EQUALS OR 832
exceeds ten grams but does not exceed IS LESS THAN fifty grams, 833
trafficking in heroin is a felony of the second degree, and the 836
court shall impose as a mandatory prison term one of the prison 837
terms prescribed for a felony of the second degree. If the 838
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 839
vicinity of a juvenile, trafficking in heroin is a felony of the 840
first degree, and the court shall impose as a mandatory prison 841
term one of the prison terms prescribed for a felony of the first 842
degree. 843
(f) If the amount of the drug involved EQUALS OR EXCEEDS 845
FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE 846
HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not 848
exceed IS LESS THAN two hundred fifty grams and regardless of 849
whether the offense was committed in the vicinity of a school or 850
20
in the vicinity of a juvenile, trafficking in heroin is a felony 852
of the first degree, and the court shall impose as a mandatory 853
prison term one of the prison terms prescribed for a felony of 854
the first degree.
(g) If the amount of the drug involved EQUALS OR EXCEEDS 856
TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two 858
hundred fifty grams and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a 859
juvenile, trafficking in heroin is a felony of the first degree, 861
THE OFFENDER IS A MAJOR DRUG OFFENDER, and the court shall impose 862
as a mandatory prison term the maximum prison term prescribed for 863
a felony of the first degree and may impose an additional 864
mandatory prison term prescribed for a major drug offender under 865
division (D)(3)(b) of section 2929.14 of the Revised Code. 867
(7) If the drug involved in the violation is hashish or a 869
compound, mixture, preparation, or substance containing hashish, 870
whoever violates division (A) of this section is guilty of 872
trafficking in hashish. The penalty for the offense shall be
determined as follows: 873
(a) Except as otherwise provided in division (C)(7)(b), 876
(c), (d), (e), or (f) of this section, trafficking in hashish is 878
a felony of the fifth degree, and division (C) of section 2929.13 879
of the Revised Code applies in determining whether to impose a 881
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 884
(d), (e), or (f) of this section, if the offense was committed in 885
the vicinity of a school or in the vicinity of a juvenile, 887
trafficking in hashish is a felony of the fourth degree, and 888
division (C) of section 2929.13 of the Revised Code applies in 889
determining whether to impose a prison term on the offender. 890
(c) Except as otherwise provided in this division, if the 892
amount of the drug involved EQUALS OR exceeds ten grams but does 893
not exceed IS LESS THAN fifty grams of hashish in a solid form or 895
EQUALS OR exceeds two grams but does not exceed IS LESS THAN ten 896
21
grams of hashish in a liquid concentrate, liquid extract, or 897
liquid distillate form, trafficking in hashish is a felony of the 898
fourth degree, and division (C) of section 2929.13 of the Revised 899
Code applies in determining whether to impose a prison term on 900
the offender. If the amount of the drug involved is within that 901
range and if the offense was committed in the vicinity of a 902
school or in the vicinity of a juvenile, trafficking in hashish 903
is a felony of the third degree, and division (C) of section 904
2929.13 of the Revised Code applies in determining whether to 906
impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 908
amount of the drug involved EQUALS OR exceeds fifty grams but 909
does not exceed IS LESS THAN two hundred fifty grams of hashish 911
in a solid form or EQUALS OR exceeds ten grams but does not 912
exceed IS LESS THAN fifty grams of hashish in a liquid 913
concentrate, liquid extract, or liquid distillate form, 914
trafficking in hashish is a felony of the third degree, and 916
division (C) of section 2929.13 of the Revised Code applies in 917
determining whether to impose a prison term on the offender. If 918
the amount of the drug involved is within that range and if the 920
offense was committed in the vicinity of a school or in the 921
vicinity of a juvenile, trafficking in hashish is a felony of the 922
second degree, and there is a presumption that a prison term 923
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 925
amount of the drug involved EQUALS OR exceeds two hundred fifty 926
grams but does not exceed IS LESS THAN one thousand grams of 928
hashish in a solid form or EQUALS OR exceeds fifty grams but does 929
not exceed IS LESS THAN two hundred grams of hashish in a liquid 930
concentrate, liquid extract, or liquid distillate form, 933
trafficking in hashish is a felony of the third degree, and there 934
is a presumption that a prison term shall be imposed for the 935
offense. If the amount of the drug involved is within that range 936
and if the offense was committed in the vicinity of a school or 937
22
in the vicinity of a juvenile, trafficking in hashish is a felony 938
of the second degree, and there is a presumption that a prison
term shall be imposed for the offense. 939
(f) Except as otherwise provided in this division, if the 941
amount of the drug involved EQUALS OR exceeds one thousand grams 943
of hashish in a solid form or EQUALS OR exceeds two hundred grams 944
of hashish in a liquid concentrate, liquid extract, or liquid 945
distillate form, trafficking in hashish is a felony of the second 947
degree, and the court shall impose as a mandatory prison term the 948
maximum prison term prescribed for a felony of the second degree. 949
If the amount of the drug involved EQUALS OR exceeds one thousand 951
grams of hashish in a solid form or EQUALS OR exceeds two hundred 952
grams of hashish in a liquid concentrate, liquid extract, or 953
liquid distillate form and if the offense was committed in the 954
vicinity of a school or in the vicinity of a juvenile, 955
trafficking in hashish is a felony of the first degree, and the 957
court shall impose as a mandatory prison term the maximum prison 958
term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized or required 961
by division (C) of this section and sections 2929.13 and 2929.14 962
of the Revised Code, and in addition to any other sanction 963
imposed for the offense under this section or sections 2929.11 to 964
2929.18 of the Revised Code, the court that sentences an offender 965
who is convicted of or pleads guilty to a violation of division 966
(A) of this section shall do all of the following that are 968
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 971
felony of the first, second, or third degree, the court shall 972
impose upon the offender the mandatory fine specified for the 973
offense under division (B)(1) of section 2929.18 of the Revised 974
Code unless, as specified in that division, the court determines 975
that the offender is indigent. Except as otherwise provided in 976
division (H)(1) of this section, a mandatory fine or any other 977
fine imposed for a violation of this section is subject to 978
23
division (F) of this section. If a person is charged with a 979
violation of this section that is a felony of the first, second, 980
or third degree, posts bail, and forfeits the bail, the clerk of 981
the court shall pay the forfeited bail pursuant to divisions 983
(D)(1) and (F) of this section, as if the forfeited bail was a 984
fine imposed for a violation of this section. If any amount of 985
the forfeited bail remains after that payment and if a fine is 986
imposed under division (H)(1) of this section, the clerk of the 987
court shall pay the remaining amount of the forfeited bail 988
pursuant to divisions (H)(2) and (3) of this section, as if that 989
remaining amount was a fine imposed under division (H)(1) of this
section. 990
(2) The court shall revoke or suspend the driver's or 992
commercial driver's license or permit of the offender in 993
accordance with division (G) of this section. 994
(3) If the offender is a professionally licensed person or 997
a person who has been admitted to the bar by order of the supreme 998
court in compliance with its prescribed and published rules, the 999
court forthwith shall comply with section 2925.38 of the Revised 1,000
Code.
(E) When a person is charged with the sale of or offer to 1,003
sell a bulk amount or a multiple of a bulk amount of a controlled 1,004
substance, the jury, or the court trying the accused, shall 1,006
determine the amount of the controlled substance involved at the 1,007
time of the offense and, if a guilty verdict is returned, shall 1,008
return the findings as part of the verdict. In any such case, it 1,009
is unnecessary to find and return the exact amount of the 1,010
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 1,011
controlled substance involved is the requisite amount, or that 1,013
the amount of the controlled substance involved is less than the 1,014
requisite amount. 1,015
(F)(1) Notwithstanding any contrary provision of section 1,017
3719.21 of the Revised Code and except as provided in division 1,018
24
(H) of this section, the clerk of the court shall pay any 1,019
mandatory fine imposed pursuant to division (D)(1) of this 1,020
section and any fine other than a mandatory fine that is imposed 1,021
for a violation of this section pursuant to division (A) or 1,022
(B)(5) of section 2929.18 of the Revised Code to the county, 1,024
township, municipal corporation, park district, as created 1,025
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,026
state law enforcement agencies in this state that primarily were 1,027
responsible for or involved in making the arrest of, and in 1,028
prosecuting, the offender. However, the clerk shall not pay a 1,029
mandatory fine so imposed to a law enforcement agency unless the 1,030
agency has adopted a written internal control policy under 1,031
division (F)(2) of this section that addresses the use of the 1,033
fine moneys that it receives. Each agency shall use the 1,035
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 1,037
written internal control policy adopted by the recipient agency 1,038
under division (F)(2) of this section. 1,039
(2)(a) Prior to receiving any fine moneys under division 1,041
(F)(1) of this section or division (B)(5) of section 2925.42 of 1,042
the Revised Code, a law enforcement agency shall adopt a written 1,043
internal control policy that addresses the agency's use and 1,044
disposition of all fine moneys so received and that provides for 1,045
the keeping of detailed financial records of the receipts of 1,046
those fine moneys, the general types of expenditures made out of 1,047
those fine moneys, and the specific amount of each general type 1,048
of expenditure. The policy shall not provide for or permit the 1,049
identification of any specific expenditure that is made in an 1,050
ongoing investigation. All financial records of the receipts of 1,051
those fine moneys, the general types of expenditures made out of 1,052
those fine moneys, and the specific amount of each general type 1,053
of expenditure by an agency are public records open for 1,054
inspection under section 149.43 of the Revised Code. 1,055
Additionally, a written internal control policy adopted under 1,056
25
this division is such a public record, and the agency that 1,057
adopted it shall comply with it. 1,058
(b) Each law enforcement agency that receives in any 1,060
calendar year any fine moneys under division (F)(1) of this 1,061
section or division (B)(5) of section 2925.42 of the Revised Code 1,062
shall prepare a report covering the calendar year that cumulates 1,063
all of the information contained in all of the public financial 1,064
records kept by the agency pursuant to division (F)(2)(a) of this 1,065
section for that calendar year, and shall send a copy of the 1,066
cumulative report, no later than the first day of March in the 1,067
calendar year following the calendar year covered by the report, 1,068
to the attorney general. Each report received by the attorney 1,069
general is a public record open for inspection under section 1,070
149.43 of the Revised Code. Not later than the fifteenth day of 1,072
April in the calendar year in which the reports are received, the 1,073
attorney general shall send to the president of the senate and 1,075
the speaker of the house of representatives a written 1,076
notification that does all of the following:
(i) Indicates that the attorney general has received from 1,078
law enforcement agencies reports of the type described in this 1,079
division that cover the previous calendar year and indicates that 1,082
the reports were received under this division; 1,083
(ii) Indicates that the reports are open for inspection 1,086
under section 149.43 of the Revised Code; 1,087
(iii) Indicates that the attorney general will provide a 1,090
copy of any or all of the reports to the president of the senate 1,091
or the speaker of the house of representatives upon request. 1,092
(3) As used in division (F) of this section: 1,095
(a) "Law enforcement agencies" includes, but is not 1,097
limited to, the state board of pharmacy and the office of a 1,098
prosecutor. 1,099
(b) "Prosecutor" has the same meaning as in section 1,101
2935.01 of the Revised Code. 1,102
(G) When required under division (D)(2) of this section, 1,106
26
the court either shall revoke or, if it does not revoke, shall 1,107
suspend for not less than six months or more than five years, the 1,108
driver's or commercial driver's license or permit of any person 1,110
who is convicted of or pleads guilty to a violation of this 1,112
section that is a felony of the first degree and shall suspend 1,113
for not less than six months or more than five years the driver's 1,115
or commercial driver's license or permit of any person who is 1,117
convicted of or pleads guilty to any other violation of this 1,118
section. If an offender's driver's or commercial driver's 1,119
license or permit is revoked pursuant to this division, the 1,121
offender, at any time after the expiration of two years from the 1,122
day on which the offender's sentence was imposed or from the day 1,123
on which the offender finally was released from a prison term 1,126
under the sentence, whichever is later, may file a motion with 1,127
the sentencing court requesting termination of the revocation; 1,128
upon the filing of such a motion and the court's finding of good 1,129
cause for the termination, the court may terminate the 1,130
revocation.
(H)(1) In addition to any prison term authorized or 1,133
required by division (C) of this section and sections 2929.13 and 1,134
2929.14 of the Revised Code, in addition to any other penalty or 1,136
sanction imposed for the offense under this section or sections 1,137
2929.11 to 2929.181 2929.18 of the Revised Code, and in addition 1,138
to the forfeiture of property in connection with the offense as 1,139
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 1,141
the court that sentences an offender who is convicted of or 1,142
pleads guilty to a violation of division (A) of this section may 1,143
impose upon the offender an additional fine specified for the 1,144
offense in division (B)(4) of section 2929.18 of the Revised 1,146
Code. A fine imposed under division (H)(1) of this section is 1,148
not subject to division (F) of this section and shall be used 1,149
solely for the support of one or more eligible alcohol and drug 1,150
addiction programs in accordance with divisions (H)(2) and (3) of 1,151
this section.
27
(2) The court that imposes a fine under division (H)(1) of 1,154
this section shall specify in the judgment that imposes the fine 1,155
one or more eligible alcohol and drug addiction programs for the 1,156
support of which the fine money is to be used. No alcohol and 1,157
drug addiction program shall receive or use money paid or 1,158
collected in satisfaction of a fine imposed under division (H)(1) 1,160
of this section unless the program is specified in the judgment 1,161
that imposes the fine. No alcohol and drug addiction program 1,162
shall be specified in the judgment unless the program is an 1,163
eligible alcohol and drug addiction program and, except as 1,164
otherwise provided in division (H)(2) of this section, unless the 1,166
program is located in the county in which the court that imposes 1,167
the fine is located or in a county that is immediately contiguous 1,168
to the county in which that court is located. If no eligible 1,169
alcohol and drug addiction program is located in any of those 1,170
counties, the judgment may specify an eligible alcohol and drug 1,171
addiction program that is located anywhere within this state. 1,172
(3) Notwithstanding any contrary provision of section 1,174
3719.21 of the Revised Code, the clerk of the court shall pay any 1,176
fine imposed under division (H)(1) of this section to the 1,177
eligible alcohol and drug addiction program specified pursuant to 1,178
division (H)(2) of this section in the judgment. The eligible 1,179
alcohol and drug addiction program that receives the fine moneys 1,180
shall use the moneys only for the alcohol and drug addiction 1,181
services identified in the application for certification under 1,182
section 3793.06 of the Revised Code or in the application for a 1,183
license under section 3793.11 of the Revised Code filed with the 1,185
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 1,186
(4) Each alcohol and drug addiction program that receives 1,188
in a calendar year any fine moneys under division (H)(3) of this 1,190
section shall file an annual report covering that calendar year 1,191
with the court of common pleas and the board of county 1,192
commissioners of the county in which the program is located, with 1,193
28
the court of common pleas and the board of county commissioners 1,194
of each county from which the program received the moneys if that 1,195
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 1,196
addiction program shall file the report no later than the first 1,197
day of March in the calendar year following the calendar year in 1,199
which the program received the fine moneys. The report shall 1,200
include statistics on the number of persons served by the alcohol 1,201
and drug addiction program, identify the types of alcohol and 1,202
drug addiction services provided to those persons, and include a 1,203
specific accounting of the purposes for which the fine moneys 1,204
received were used. No information contained in the report shall 1,205
identify, or enable a person to determine the identity of, any 1,206
person served by the alcohol and drug addiction program. Each 1,207
report received by a court of common pleas, a board of county 1,208
commissioners, or the attorney general is a public record open 1,209
for inspection under section 149.43 of the Revised Code. 1,210
(5) As used in divisions (H)(1) to (5) of this section: 1,212
(a) "Alcohol and drug addiction program" and "alcohol and 1,215
drug addiction services" have the same meanings as in section 1,216
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 1,219
alcohol and drug addiction program that is certified under 1,220
section 3793.06 of the Revised Code or licensed under section 1,221
3793.11 of the Revised Code by the department of alcohol and drug 1,223
addiction services.
Sec. 2925.04. (A) No person shall knowingly cultivate 1,232
marihuana or knowingly manufacture or otherwise engage in any 1,233
part of the production of a controlled substance. 1,234
(B) This section does not apply to any person listed in 1,236
division (B)(1), (2), or (3) of section 2925.03 of the Revised 1,237
Code to the extent and under the circumstances described in those 1,238
divisions.
(C)(1) Whoever commits a violation of division (A) of this 1,241
29
section that involves any drug other than marihuana is guilty of
illegal manufacture of drugs, and whoever commits a violation of 1,242
division (A) of this section that involves marihuana is guilty of 1,243
illegal cultivation of marihuana. 1,244
(2) If the drug involved in the violation of division (A) 1,247
of this section is any compound, mixture, preparation, or 1,248
substance included in schedule I or II, with the exception of 1,249
marihuana, illegal manufacture of drugs is a felony of the second 1,250
degree, and, subject to division (E) of this section, the court 1,251
shall impose as a mandatory prison term one of the prison terms 1,252
prescribed for a felony of the second degree. 1,253
(3) If the drug involved in the violation of division (A) 1,256
of this section is any compound, mixture, preparation, or 1,257
substance included in schedule III, IV, or V, illegal manufacture 1,258
of drugs is a felony of the third degree, and there is a 1,259
presumption for a prison term for the offense. 1,260
(4) If the drug involved in the violation is marihuana, 1,262
the penalty for the offense shall be determined as follows: 1,263
(a) Except as otherwise provided in division (C)(4)(b), 1,266
(c), (d), (e), or (f) of this section, illegal cultivation of 1,267
marihuana is a minor misdemeanor. 1,268
(b) If the amount of marihuana involved equals or exceeds 1,271
one hundred grams but does not exceed IS LESS THAN two hundred 1,272
grams, illegal cultivation of marihuana is a misdemeanor of the 1,273
fourth degree. 1,274
(c) If the amount of marihuana involved EQUALS OR exceeds 1,276
two hundred grams but does not exceed IS LESS THAN one thousand 1,278
grams, illegal cultivation of marihuana is a felony of the fifth 1,279
degree, and division (B) of section 2929.13 of the Revised Code 1,280
applies in determining whether to impose a prison term on the 1,281
offender.
(d) If the amount of marihuana involved EQUALS OR exceeds 1,283
one thousand grams but does not exceed IS LESS THAN five thousand 1,285
grams, illegal cultivation of marihuana is a felony of the third 1,286
30
degree, and division (C) of section 2929.13 of the Revised Code 1,287
applies in determining whether to impose a prison term on the 1,289
offender.
(e) If the amount of marihuana involved EQUALS OR exceeds 1,291
five thousand grams but does not exceed IS LESS THAN twenty 1,292
thousand grams, illegal cultivation of marihuana is a felony of 1,294
the third degree, and there is a presumption for a prison term 1,295
for the offense.
(f) If the amount of marihuana involved EQUALS OR exceeds 1,297
twenty thousand grams, illegal cultivation of marihuana is a 1,298
felony of the second degree, and the court shall impose as a 1,299
mandatory prison term the maximum prison term prescribed for a 1,300
felony of the second degree. 1,301
(D) In addition to any prison term authorized or required 1,304
by division (C) or (E) of this section and sections 2929.13 and 1,305
2929.14 of the Revised Code and in addition to any other sanction 1,306
imposed for the offense under this section or sections 2929.11 to 1,307
2929.18 of the Revised Code, the court that sentences an offender 1,310
who is convicted of or pleads guilty to a violation of division 1,311
(A) of this section shall do all of the following that are 1,312
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 1,315
felony of the second or third degree, the court shall impose upon 1,316
the offender the mandatory fine specified for the offense under 1,317
division (B)(1) of section 2929.18 of the Revised Code unless, as 1,318
specified in that division, the court determines that the 1,319
offender is indigent. The clerk of the court shall pay a 1,320
mandatory fine or other fine imposed for a violation of this 1,321
section pursuant to division (A) of section 2929.18 of the 1,322
Revised Code in accordance with and subject to the requirements 1,323
of division (F) of section 2925.03 of the Revised Code. The 1,325
agency that receives the fine shall use the fine as specified in 1,326
division (F) of section 2925.03 of the Revised Code. If a person 1,327
is charged with a violation of this section that is a felony of 1,328
31
the second or third degree, posts bail, and forfeits the bail, 1,329
the clerk shall pay the forfeited bail as if the forfeited bail 1,330
were a fine imposed for a violation of this section. 1,331
(2) The court shall revoke or suspend the offender's 1,333
driver's or commercial driver's license or permit in accordance 1,334
with division (G) of section 2925.03 of the Revised Code. If an 1,336
offender's driver's or commercial driver's license or permit is 1,337
revoked in accordance with that division, the offender may 1,338
request termination of, and the court may terminate, the 1,339
revocation in accordance with that division. 1,340
(3) If the offender is a professionally licensed person or 1,343
a person who has been admitted to the bar by order of the supreme 1,344
court in compliance with its prescribed and published rules, the 1,345
court shall comply with section 2925.38 of the Revised Code. 1,346
(E) Notwithstanding the prison term otherwise authorized 1,349
or required for the offense under division (C) of this section 1,350
and sections 2929.13 and 2929.14 of the Revised Code, if the 1,351
violation of division (A) of this section involves the sale, 1,352
offer to sell, or possession of a schedule I or II controlled 1,353
substance, with the exception of marihuana, and if the COURT 1,354
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 1,356
result of the violation, is a major drug offender AND IS GUILTY
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 1,357
THE REVISED CODE, the court, in lieu of the prison term otherwise 1,358
authorized or required, shall impose upon the offender the 1,359
mandatory prison term specified in division (D)(3)(a) of section 1,361
2929.14 of the Revised Code and may impose an additional prison 1,362
term under division (D)(3)(b) of that section. 1,363
(F) It is an affirmative defense, as provided in section 1,366
2901.05 of the Revised Code, to a charge under this section for a 1,367
fifth degree felony violation of illegal cultivation of marihuana 1,369
that the marihuana that gave rise to the charge is in an amount, 1,370
is in a form, is prepared, compounded, or mixed with substances 1,371
that are not controlled substances in a manner, or is possessed 1,372
32
or cultivated under any other circumstances that indicate that 1,373
the marihuana was solely for personal use.
Notwithstanding any contrary provision of division (F) of 1,376
this section, if, in accordance with section 2901.05 of the 1,377
Revised Code, a person who is charged with a violation of illegal 1,380
cultivation of marihuana that is a felony of the fifth degree 1,381
sustains the burden of going forward with evidence of and 1,382
establishes by a preponderance of the evidence the affirmative 1,383
defense described in this division, the person may be prosecuted 1,384
for and may be convicted of or plead guilty to a misdemeanor 1,385
violation of illegal cultivation of marihuana. 1,386
(G) Arrest or conviction for a minor misdemeanor violation 1,389
of this section does not constitute a criminal record and need 1,390
not be reported by the person so arrested or convicted in 1,391
response to any inquiries about the person's criminal record, 1,392
including any inquiries contained in an application for 1,393
employment, a license, or any other right or privilege or made in 1,394
connection with the person's appearance as a witness. 1,395
Sec. 2925.05. (A) No person shall knowingly provide money 1,405
or other items of value to another person with the purpose that 1,406
the recipient of the money or items of value use them to obtain 1,407
any controlled substance for the purpose of selling or offering 1,408
to sell the controlled substance or for the purpose of violating 1,409
section 2925.04 of the Revised Code OR FOR THE PURPOSE OF SELLING 1,411
OR OFFERING TO SELL THE CONTROLLED SUBSTANCE IN THE FOLLOWING 1,412
AMOUNT:
(1) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS ANY 1,414
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE 1,416
I OR SCHEDULE II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, 1,419
L.S.D., HEROIN, AND HASHISH, ANY AMOUNT OF THE DRUG; 1,420
(2) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS ANY 1,422
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE 1,424
III, SCHEDULE IV, OR SCHEDULE V, AN AMOUNT OF THE DRUG THAT 1,426
EQUALS OR EXCEEDS THE BULK AMOUNT OF THE DRUG; 1,427
33
(3) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS 1,429
MARIHUANA OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE OTHER 1,431
THAN HASHISH CONTAINING MARIHUANA, AN AMOUNT OF THE MARIHUANA 1,432
THAT EQUALS OR EXCEEDS TWO HUNDRED GRAMS;
(4) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS COCAINE 1,434
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 1,435
COCAINE, AN AMOUNT OF THE COCAINE THAT EQUALS OR EXCEEDS FIVE 1,436
GRAMS IF THE COCAINE IS NOT CRACK COCAINE OR EQUALS OR EXCEEDS 1,437
ONE GRAM IF THE COCAINE IS CRACK COCAINE; 1,438
(5) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS L.S.D. 1,441
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 1,443
L.S.D., AN AMOUNT OF THE L.S.D. THAT EQUALS OR EXCEEDS TEN UNIT 1,446
DOSES IF THE L.S.D. IS IN A SOLID FORM OR EQUALS OR EXCEEDS ONE 1,448
GRAM IF THE L.S.D. IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, OR 1,450
LIQUID DISTILLATE FORM; 1,451
(6) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HEROIN 1,453
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 1,454
HEROIN, AN AMOUNT OF THE HEROIN THAT EQUALS OR EXCEEDS TEN UNIT 1,455
DOSES OR EQUALS OR EXCEEDS ONE GRAM; 1,456
(7) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HASHISH 1,458
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 1,459
HASHISH, AN AMOUNT OF THE HASHISH THAT EQUALS OR EXCEEDS TEN 1,460
GRAMS IF THE HASHISH IS IN A SOLID FORM OR EQUALS OR EXCEEDS TWO 1,461
GRAMS IF THE HASHISH IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, 1,462
OR LIQUID DISTILLATE FORM. 1,463
(B) This section does not apply to any person listed in 1,466
division (B)(1), (2), or (3) of section 2925.03 of the Revised 1,467
Code to the extent and under the circumstances described in those 1,468
divisions.
(C)(1) If the drug involved in the violation is any 1,471
compound, mixture, preparation, or substance included in schedule 1,472
I or II, with the exception of marihuana, whoever violates 1,473
division (A) of this section is guilty of aggravated funding of 1,474
drug trafficking, a felony of the first degree, and, subject to 1,475
34
division (E) of this section, the court shall impose as a 1,476
mandatory prison term one of the prison terms prescribed for a 1,477
felony of the first degree.
(2) If the drug involved in the violation is any compound, 1,480
mixture, preparation, or substance included in schedule III, IV, 1,481
or V, whoever violates division (A) of this section is guilty of 1,482
funding of drug trafficking, a felony of the second degree, and 1,483
the court shall impose as a mandatory prison term one of the 1,484
prison terms prescribed for a felony of the second degree. 1,485
(3) If the drug involved in the violation is marihuana, 1,487
whoever violates division (A) of this section is guilty of 1,489
funding of marihuana trafficking, a felony of the third degree, 1,490
and the court shall impose as a mandatory prison term one of the 1,491
prison terms prescribed for a felony of the third degree. 1,492
(D) In addition to any prison term authorized or required 1,495
by division (C) or (E) of this section and sections 2929.13 and 1,496
2929.14 of the Revised Code and in addition to any other sanction 1,497
imposed for the offense under this section or sections 2929.11 to 1,498
2929.18 of the Revised Code, the court that sentences an offender 1,500
who is convicted of or pleads guilty to a violation of division 1,501
(A) of this section shall do all of the following that are 1,502
applicable regarding the offender:
(1) The court shall impose the mandatory fine specified 1,504
for the offense under division (B)(1) of section 2929.18 of the 1,506
Revised Code unless, as specified in that division, the court 1,507
determines that the offender is indigent. The clerk of the court 1,508
shall pay a mandatory fine or other fine imposed for a violation 1,509
of this section pursuant to division (A) of section 2929.18 of 1,510
the Revised Code in accordance with and subject to the 1,511
requirements of division (F) of section 2925.03 of the Revised 1,512
Code. The agency that receives the fine shall use the fine in 1,514
accordance with division (F) of section 2925.03 of the Revised 1,515
Code. If a person is charged with a violation of this section, 1,516
posts bail, and forfeits the bail, the forfeited bail shall be 1,517
35
paid as if the forfeited bail were a fine imposed for a violation 1,518
of this section.
(2) The court shall revoke or suspend the offender's 1,520
driver's or commercial driver's license or permit in accordance 1,521
with division (G) of section 2925.03 of the Revised Code. If an 1,523
offender's driver's or commercial driver's license or permit is 1,524
revoked in accordance with that division, the offender may 1,525
request termination of, and the court may terminate, the 1,526
revocation in accordance with that division. 1,527
(3) If the offender is a professionally licensed person or 1,530
a person who has been admitted to the bar by order of the supreme 1,531
court in compliance with its prescribed and published rules, the 1,532
court shall comply with section 2925.38 of the Revised Code. 1,533
(E) Notwithstanding the prison term otherwise authorized 1,536
or required for the offense under division (C) of this section 1,537
and sections 2929.13 and 2929.14 of the Revised Code, if the 1,538
violation of division (A) of this section involves the sale, 1,539
offer to sell, or possession of a schedule I or II controlled 1,540
substance, with the exception of marihuana, and if the COURT 1,541
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 1,543
result of the violation, is a major drug offender AND IS GUILTY
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 1,544
THE REVISED CODE, the court, in lieu of the prison term otherwise 1,545
authorized or required, shall impose upon the offender the 1,546
mandatory prison term specified in division (D)(3)(a) of section 1,548
2929.14 of the Revised Code and may impose an additional prison 1,549
term under division (D)(3)(b) of that section. 1,550
Sec. 2925.11. (A) No person shall knowingly obtain, 1,559
possess, or use a controlled substance. 1,560
(B) This section does not apply to any of the following: 1,562
(1) Manufacturers, licensed health professionals 1,564
authorized to prescribe drugs, pharmacists, owners of pharmacies, 1,566
and other persons whose conduct was in accordance with Chapters 1,567
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 1,568
36
Revised Code;
(2) If the offense involves an anabolic steroid, any 1,570
person who is conducting or participating in a research project 1,571
involving the use of an anabolic steroid if the project has been 1,572
approved by the United States food and drug administration; 1,573
(3) Any person who sells, offers for sale, prescribes, 1,575
dispenses, or administers for livestock or other nonhuman species 1,576
an anabolic steroid that is expressly intended for administration 1,577
through implants to livestock or other nonhuman species and 1,578
approved for that purpose under the "Federal Food, Drug, and 1,579
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,580
and is sold, offered for sale, prescribed, dispensed, or 1,581
administered for that purpose in accordance with that act; 1,582
(4) Any person who obtained the controlled substance 1,584
pursuant to a prescription issued by a licensed health 1,585
professional authorized to prescribe drugs, where the drug is in 1,587
the original container in which it was dispensed to such person. 1,588
(C) Whoever violates division (A) of this section is 1,590
guilty of one of the following: 1,591
(1) If the drug involved in the violation is a compound, 1,593
mixture, preparation, or substance included in schedule I or II, 1,594
with the exception of marihuana, cocaine, L.S.D., heroin, and 1,597
hashish, whoever violates division (A) of this section is guilty 1,598
of aggravated possession of drugs. The penalty for the offense 1,599
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 1,602
(c), (d), or (e) of this section, aggravated possession of drugs 1,603
is a felony of the fifth degree, and division (B) of section 1,604
2929.13 of the Revised Code applies in determining whether to 1,605
impose a prison term on the offender.
(b) If the amount of the drug involved EQUALS OR exceeds 1,607
the bulk amount but does not exceed IS LESS THAN five times the 1,608
bulk amount, aggravated possession of drugs is a felony of the 1,610
third degree, and there is a presumption for a prison term for 1,611
37
the offense.
(c) If the amount of the drug involved EQUALS OR exceeds 1,613
five times the bulk amount but does not exceed IS LESS THAN fifty 1,615
times the bulk amount, aggravated possession of drugs is a felony 1,616
of the second degree, and the court shall impose as a mandatory 1,617
prison term one of the prison terms prescribed for a felony of 1,618
the second degree. 1,619
(d) If the amount of the drug involved EQUALS OR exceeds 1,621
fifty times the bulk amount but does not exceed IS LESS THAN one 1,623
hundred times the bulk amount, aggravated possession of drugs is 1,625
a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a 1,626
felony of the first degree. 1,627
(e) If the amount of the drug involved EQUALS OR exceeds 1,629
one hundred times the bulk amount, aggravated possession of drugs 1,631
is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG 1,632
OFFENDER, and the court shall impose as a mandatory prison term 1,633
the maximum prison term prescribed for a felony of the first 1,634
degree and may impose an additional mandatory prison term 1,635
prescribed for a major drug offender under division (D)(3)(b) of 1,636
section 2929.14 of the Revised Code.
(2) If the drug involved in the violation is a compound, 1,638
mixture, preparation, or substance included in schedule III, IV, 1,640
or V, whoever violates division (A) of this section is guilty of 1,642
possession of drugs. The penalty for the offense shall be 1,643
determined as follows: 1,644
(a) Except as otherwise provided in division (C)(2)(b), 1,647
(c), or (d) of this section, possession of drugs is a misdemeanor 1,648
of the third degree or, if the offender previously has been 1,649
convicted of a drug abuse offense, a misdemeanor of the second 1,650
degree. If the drug involved in the violation is an anabolic 1,651
steroid included in schedule III and if the offense is a 1,652
misdemeanor of the third degree under this division, in lieu of 1,653
sentencing the offender to a term of imprisonment in a detention 1,654
38
facility, the court may place the offender on conditional 1,655
probation pursuant to division (F) of section 2951.02 of the 1,657
Revised Code. 1,658
(b) If the amount of the drug involved EQUALS OR exceeds 1,660
the bulk amount but does not exceed IS LESS THAN five times the 1,661
bulk amount, possession of drugs is a felony of the fourth 1,663
degree, and division (C) of section 2929.13 of the Revised Code 1,664
applies in determining whether to impose a prison term on the 1,665
offender.
(c) If the amount of the drug involved EQUALS OR exceeds 1,667
five times the bulk amount but does not exceed IS LESS THAN fifty 1,669
times the bulk amount, possession of drugs is a felony of the 1,670
third degree, and there is a presumption for a prison term for 1,671
the offense.
(d) If the amount of the drug involved EQUALS OR exceeds 1,673
fifty times the bulk amount, possession of drugs is a felony of 1,674
the second degree, and the court shall impose upon the offender 1,675
as a mandatory prison term one of the prison terms prescribed for 1,676
a felony of the second degree. 1,677
(3) If the drug involved in the violation is marihuana or 1,679
a compound, mixture, preparation, or substance containing 1,680
marihuana other than hashish, whoever violates division (A) of 1,682
this section is guilty of possession of marihuana. The penalty 1,683
for the offense shall be determined as follows: 1,684
(a) Except as otherwise provided in division (C)(3)(b), 1,687
(c), (d), (e), or (f) of this section, possession of marihuana is 1,688
a minor misdemeanor. 1,689
(b) If the amount of the drug involved equals or exceeds 1,692
one hundred grams but does not exceed IS LESS THAN two hundred 1,693
grams, possession of marihuana is a misdemeanor of the fourth 1,694
degree. 1,695
(c) If the amount of the drug involved EQUALS OR exceeds 1,697
two hundred grams but does not exceed IS LESS THAN one thousand 1,698
grams, possession of marihuana is a felony of the fifth degree, 1,700
39
and division (B) of section 2929.13 of the Revised Code applies 1,701
in determining whether to impose a prison term on the offender. 1,703
(d) If the amount of the drug involved EQUALS OR exceeds 1,705
one thousand grams but does not exceed IS LESS THAN five thousand 1,707
grams, possession of marihuana is a felony of the third degree, 1,708
and division (C) of section 2929.13 of the Revised Code applies 1,709
in determining whether to impose a prison term on the offender. 1,710
(e) If the amount of the drug involved EQUALS OR exceeds 1,712
five thousand grams but does not exceed IS LESS THAN twenty 1,713
thousand grams, possession of marihuana is a felony of the third 1,715
degree, and there is a presumption that a prison term shall be 1,716
imposed for the offense. 1,717
(f) If the amount of the drug involved EQUALS OR exceeds 1,719
twenty thousand grams, possession of marihuana is a felony of the 1,720
second degree, and the court shall impose as a mandatory prison 1,721
term the maximum prison term prescribed for a felony of the 1,722
second degree. 1,723
(4) If the drug involved in the violation is cocaine or a 1,726
compound, mixture, preparation, or substance containing cocaine, 1,727
whoever violates division (A) of this section is guilty of 1,728
possession of cocaine. The penalty for the offense shall be 1,729
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 1,732
(c), (d), (e), or (f) of this section, possession of cocaine is a 1,733
felony of the fifth degree, and division (B) of section 2929.13 1,734
of the Revised Code applies in determining whether to impose a 1,735
prison term on the offender.
(b) If the amount of the drug involved EQUALS OR exceeds 1,737
five grams but does not exceed IS LESS THAN twenty-five grams of 1,738
cocaine that is not crack cocaine or EQUALS OR exceeds one gram 1,740
but does not exceed IS LESS THAN five grams of crack cocaine, 1,741
possession of cocaine is a felony of the fourth degree, and there 1,742
is a presumption for a prison term for the offense. 1,743
(c) If the amount of the drug involved EQUALS OR exceeds 1,745
40
twenty-five grams but does not exceed IS LESS THAN one hundred 1,746
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 1,749
five grams but does not exceed IS LESS THAN ten grams of crack 1,750
cocaine, possession of cocaine is a felony of the third degree, 1,751
and the court shall impose as a mandatory prison term one of the 1,752
prison terms prescribed for a felony of the third degree. 1,753
(d) If the amount of the drug involved EQUALS OR exceeds 1,755
one hundred grams but does not exceed IS LESS THAN five hundred 1,756
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 1,759
ten grams but does not exceed IS LESS THAN twenty-five grams of 1,760
crack cocaine, possession of cocaine is a felony of the second 1,762
degree, and the court shall impose as a mandatory prison term one 1,763
of the prison terms prescribed for a felony of the second degree. 1,764
(e) If the amount of the drug involved EQUALS OR exceeds 1,766
five hundred grams but does not exceed IS LESS THAN one thousand 1,767
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 1,770
twenty-five grams but does not exceed IS LESS THAN one hundred 1,771
grams of crack cocaine, possession of cocaine is a felony of the 1,773
first degree, and the court shall impose as a mandatory prison 1,774
term one of the prison terms prescribed for a felony of the first 1,775
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 1,777
one thousand grams of cocaine that is not crack cocaine or EQUALS 1,779
OR exceeds one hundred grams of crack cocaine, possession of 1,780
cocaine is a felony of the first degree, THE OFFENDER IS A MAJOR 1,781
DRUG OFFENDER, and the court shall impose as a mandatory prison 1,782
term the maximum prison term prescribed for a felony of the first 1,783
degree and may impose an additional mandatory prison term 1,784
prescribed for a major drug offender under division (D)(3)(b) of 1,786
section 2929.14 of the Revised Code. 1,787
(5) If the drug involved in the violation is L.S.D., 1,790
whoever violates division (A) of this section is guilty of 1,791
possession of L.S.D. The penalty for the offense shall be 1,793
determined as follows:
41
(a) Except as otherwise provided in division (C)(5)(b), 1,796
(c), (d), (e), or (f) of this section, possession of L.S.D. is a
felony of the fifth degree, and division (B) of section 2929.13 1,797
of the Revised Code applies in determining whether to impose a 1,798
prison term on the offender.
(b) If the amount of L.S.D. involved EQUALS OR exceeds ten 1,800
unit doses but does not exceed IS LESS THAN fifty unit doses of 1,802
L.S.D. in a solid form or EQUALS OR exceeds one gram but does not 1,803
exceed IS LESS THAN five grams of L.S.D. in a liquid concentrate, 1,804
liquid extract, or liquid distillate form, possession of L.S.D. 1,806
is a felony of the fourth degree, and division (C) of section 1,807
2929.13 of the Revised Code applies in determining whether to 1,808
impose a prison term on the offender.
(c) If the amount of L.S.D. involved EQUALS OR exceeds 1,811
fifty unit doses, but does not exceed IS LESS THAN two hundred 1,812
fifty unit doses of L.S.D. in a solid form or EQUALS OR exceeds 1,813
five grams but does not exceed IS LESS THAN twenty-five grams of 1,814
L.S.D. in a liquid concentrate, liquid extract, or liquid 1,815
distillate form, possession of L.S.D. is a felony of the third 1,816
degree, and there is a presumption for a prison term for the 1,817
offense.
(d) If the amount of L.S.D. involved EQUALS OR exceeds two 1,820
hundred fifty unit doses but does not exceed IS LESS THAN one 1,821
thousand unit doses of L.S.D. in a solid form or EQUALS OR 1,823
exceeds twenty-five grams but does not exceed IS LESS THAN one 1,824
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 1,826
or liquid distillate form, possession of L.S.D. is a felony of 1,827
the second degree, and the court shall impose as a mandatory 1,828
prison term one of the prison terms prescribed for a felony of 1,829
the second degree. 1,830
(e) If the amount of L.S.D. involved EQUALS OR exceeds one 1,833
thousand unit doses but does not exceed IS LESS THAN five 1,834
thousand unit doses of L.S.D. in a solid form or EQUALS OR 1,835
exceeds one hundred grams but does not exceed IS LESS THAN five 1,836
42
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 1,838
or liquid distillate form, possession of L.S.D. is a felony of 1,839
the first degree, and the court shall impose as a mandatory 1,840
prison term one of the prison terms prescribed for a felony of 1,841
the first degree.
(f) If the amount of L.S.D. involved EQUALS OR exceeds 1,844
five thousand unit doses of L.S.D. in a solid form or EQUALS OR 1,846
exceeds five hundred grams of L.S.D. in a liquid concentrate, 1,848
liquid extract, or liquid distillate form, possession of L.S.D. 1,849
is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG 1,850
OFFENDER, and the court shall impose as a mandatory prison term 1,852
the maximum prison term prescribed for a felony of the first 1,853
degree and may impose an additional mandatory prison term 1,854
prescribed for a major drug offender under division (D)(3)(b) of 1,855
section 2929.14 of the Revised Code. 1,856
(6) If the drug involved in the violation is heroin or a 1,858
compound, mixture, preparation, or substance containing heroin, 1,859
whoever violates division (A) of this section is guilty of 1,861
possession of heroin. The penalty for the offense shall be
determined as follows: 1,862
(a) Except as otherwise provided in division (C)(6)(b), 1,865
(c), (d), (e), or (f) of this section, possession of heroin is a 1,866
felony of the fifth degree, and division (B) of section 2929.13 1,867
of the Revised Code applies in determining whether to impose a 1,868
prison term on the offender.
(b) If the amount of the drug involved EQUALS OR EXCEEDS 1,870
TEN UNIT DOSES BUT IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR 1,871
exceeds one gram but does not exceed IS LESS THAN five grams, 1,872
possession of heroin is a felony of the fourth degree, and 1,874
division (C) of section 2929.13 of the Revised Code applies in 1,875
determining whether to impose a prison term on the offender. 1,876
(c) If the amount of the drug involved EQUALS OR EXCEEDS 1,878
FIFTY UNIT DOSES BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR 1,879
EQUALS OR exceeds five grams but does not exceed IS LESS THAN ten 1,880
43
grams, possession of heroin is a felony of the third degree, and 1,882
there is a presumption for a prison term for the offense. 1,883
(d) If the amount of the drug involved EQUALS OR EXCEEDS 1,885
ONE HUNDRED UNIT DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES 1,886
OR EQUALS OR exceeds ten grams but does not exceed IS LESS THAN 1,887
fifty grams, possession of heroin is a felony of the second 1,889
degree, and the court shall impose as a mandatory prison term one 1,890
of the prison terms prescribed for a felony of the second degree. 1,891
(e) If the amount of the drug involved EQUALS OR EXCEEDS 1,893
FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE 1,894
HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not 1,896
exceed IS LESS THAN two hundred fifty grams, possession of heroin 1,898
is a felony of the first degree, and the court shall impose as a 1,899
mandatory prison term one of the prison terms prescribed for a 1,900
felony of the first degree.
(f) If the amount of the drug involved EQUALS OR EXCEEDS 1,902
TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two 1,904
hundred fifty grams, possession of heroin is a felony of the
first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and the 1,905
court shall impose as a mandatory prison term the maximum prison 1,907
term prescribed for a felony of the first degree and may impose 1,908
an additional mandatory prison term prescribed for a major drug 1,909
offender under division (D)(3)(b) of section 2929.14 of the 1,910
Revised Code. 1,911
(7) If the drug involved in the violation is hashish or a 1,913
compound, mixture, preparation, or substance containing hashish, 1,914
whoever violates division (A) of this section is guilty of 1,916
possession of hashish. The penalty for the offense shall be
determined as follows: 1,917
(a) Except as otherwise provided in division (C)(7)(b), 1,920
(c), (d), (e), or (f) of this section, possession of hashish is a 1,921
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 1,923
five grams but does not exceed IS LESS THAN ten grams of hashish 1,924
44
in a solid form or equals or exceeds one gram but does not exceed 1,926
IS LESS THAN two grams of hashish in a liquid concentrate, liquid 1,928
extract, or liquid distillate form, possession of hashish is a 1,929
misdemeanor of the fourth degree.
(c) If the amount of the drug involved EQUALS OR exceeds 1,931
ten grams but does not exceed IS LESS THAN fifty grams of hashish 1,933
in a solid form or EQUALS OR exceeds two grams but does not 1,934
exceed IS LESS THAN ten grams of hashish in a liquid concentrate, 1,936
liquid extract, or liquid distillate form, possession of hashish 1,937
is a felony of the fifth degree, and division (B) of section 1,938
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 1,940
(d) If the amount of the drug involved EQUALS OR exceeds 1,942
fifty grams but does not exceed IS LESS THAN two hundred fifty 1,943
grams of hashish in a solid form or EQUALS OR exceeds ten grams 1,945
but does not exceed IS LESS THAN fifty grams of hashish in a 1,946
liquid concentrate, liquid extract, or liquid distillate form, 1,947
possession of hashish is a felony of the third degree, and 1,948
division (C) of section 2929.13 of the Revised Code applies in 1,949
determining whether to impose a prison term on the offender. 1,950
(e) If the amount of the drug involved EQUALS OR exceeds 1,952
two hundred fifty grams but does not exceed IS LESS THAN one 1,953
thousand grams of hashish in a solid form or EQUALS OR exceeds 1,955
fifty grams but does not exceed IS LESS THAN two hundred grams of 1,956
hashish in a liquid concentrate, liquid extract, or liquid 1,957
distillate form, possession of hashish is a felony of the third 1,958
degree, and there is a presumption that a prison term shall be 1,959
imposed for the offense.
(f) If the amount of the drug involved EQUALS OR exceeds 1,961
one thousand grams of hashish in a solid form or EQUALS OR 1,962
exceeds two hundred grams of hashish in a liquid concentrate, 1,964
liquid extract, or liquid distillate form, possession of hashish 1,965
is a felony of the second degree, and the court shall impose as a 1,966
mandatory prison term the maximum prison term prescribed for a 1,967
45
felony of the second degree. 1,968
(D) Arrest or conviction for a minor misdemeanor violation 1,970
of this section does not constitute a criminal record and need 1,971
not be reported by the person so arrested or convicted in 1,972
response to any inquiries about the person's criminal record, 1,973
including any inquiries contained in any application for 1,974
employment, license, or other right or privilege, or made in 1,975
connection with the person's appearance as a witness. 1,976
(E) In addition to any prison term authorized or required 1,979
by division (C) of this section and sections 2929.13 and 2929.14 1,980
of the Revised Code and in addition to any other sanction that is 1,981
imposed for the offense under this section or sections 2929.11 to 1,982
2929.18 of the Revised Code, the court that sentences an offender 1,985
who is convicted of or pleads guilty to a violation of division 1,986
(A) of this section shall do all of the following that are 1,987
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,990
or third degree, the court shall impose upon the offender the 1,991
mandatory fine specified for the offense under division (B)(1) of 1,992
section 2929.18 of the Revised Code unless, as specified in that 1,993
division, the court determines that the offender is indigent. 1,994
(b) Notwithstanding any contrary provision of section 1,996
3719.21 of the Revised Code, the clerk of the court shall pay a 1,998
mandatory fine or other fine imposed for a violation of this 1,999
section pursuant to division (A) of section 2929.18 of the 2,000
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 2,001
agency that receives the fine shall use the fine as specified in 2,002
division (F) of section 2925.03 of the Revised Code. 2,003
(c) If a person is charged with a violation of this 2,005
section that is a felony of the first, second, or third degree, 2,006
posts bail, and forfeits the bail, the clerk shall pay the 2,007
forfeited bail pursuant to division (E)(1)(b) of this section as 2,008
if it were a mandatory fine imposed under division (E)(1)(a) of 2,009
46
this section.
(2) The court shall suspend for not less than six months 2,011
or more than five years the driver's or commercial driver's 2,012
license or permit of any person who is convicted of or has 2,013
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 2,015
a person who has been admitted to the bar by order of the supreme 2,017
court in compliance with its prescribed and published rules, in 2,018
addition to any other sanction imposed for a violation of this 2,019
section, the court forthwith shall comply with section 2925.38 of 2,020
the Revised Code.
(F) It is an affirmative defense, as provided in section 2,022
2901.05 of the Revised Code, to a charge of a fourth degree 2,023
felony violation under this section that the controlled substance 2,024
that gave rise to the charge is in an amount, is in a form, is 2,027
prepared, compounded, or mixed with substances that are not 2,029
controlled substances in a manner, or is possessed under any 2,030
other circumstances, that indicate that the substance was 2,031
possessed solely for personal use. Notwithstanding any contrary 2,033
provision of this section, if, in accordance with section 2901.05 2,034
of the Revised Code, an accused who is charged with a fourth 2,035
degree felony violation of division (C)(2), (4), (5), or (6) of 2,036
this section sustains the burden of going forward with evidence 2,037
of and establishes by a preponderance of the evidence the 2,038
affirmative defense described in this division, the accused may 2,039
be prosecuted for and may plead guilty to or be convicted of a 2,040
misdemeanor violation of division (C)(2) of this section or a 2,041
fifth degree felony violation of division (C)(4), (5), or (6) of 2,042
this section respectively. 2,043
(G) When a person is charged with possessing a bulk amount 2,045
or multiple of a bulk amount, division (E) of section 2925.03 of 2,047
the Revised Code applies regarding the determination of the 2,048
amount of the controlled substance involved at the time of the 2,049
offense.
47
Sec. 2925.23. (A) No person shall knowingly make a false 2,058
statement in any prescription, order, report, or record required 2,059
by Chapter 3719. or 4729. of the Revised Code. 2,060
(B) No person shall intentionally make, utter, or sell, or 2,062
knowingly possess ANY OF THE FOLLOWING THAT IS a false or forged: 2,063
(1) Prescription; 2,065
(2) Uncompleted preprinted prescription blank used for 2,067
writing a prescription; 2,068
(3) Official written order; 2,070
(4) License for a terminal distributor of dangerous drugs 2,072
as required in section 4729.60 of the Revised Code; 2,073
(5) Registration certificate for a wholesale distributor 2,075
of dangerous drugs as required in section 4729.60 of the Revised 2,076
Code. 2,077
(C) No person, by theft as defined in section 2913.02 of 2,079
the Revised Code, shall acquire any of the following: 2,080
(1) A prescription; 2,082
(2) An uncompleted preprinted prescription blank used for 2,084
writing a prescription; 2,085
(3) An official written order; 2,087
(4) A blank official written order; 2,089
(5) A license or blank license for a terminal distributor 2,091
of dangerous drugs as required in section 4729.60 of the Revised 2,092
Code; 2,093
(6) A registration certificate or blank registration 2,095
certificate for a wholesale distributor of dangerous drugs as 2,096
required in section 4729.60 of the Revised Code. 2,097
(D) No person shall knowingly make or affix any false or 2,099
forged label to a package or receptacle containing any dangerous 2,100
drugs. 2,101
(E) Divisions (A) and (D) of this section do not apply to 2,103
licensed health professionals authorized to prescribe drugs, 2,105
pharmacists, owners of pharmacies, and other persons whose 2,106
conduct is in accordance with Chapters 3719., 4715., 4725., 2,107
48
4729., 4731., and 4741. of the Revised Code or section 4723.56 of 2,108
the Revised Code.
(F) Whoever violates this section is guilty of illegal 2,110
processing of drug documents. The penalty for the offense IF THE 2,112
OFFENDER VIOLATES DIVISION (B)(2), (4), OR (5) OR DIVISION 2,113
(C)(2), (4), (5), OR (6) OF THIS SECTION, ILLEGAL PROCESSING OF 2,114
DRUG DOCUMENTS IS A FELONY OF THE FIFTH DEGREE. IF THE OFFENDER 2,115
VIOLATES DIVISION (B)(1) OR (3), DIVISION (C)(1) OR (3), OR 2,116
DIVISION (D) OF THIS SECTION, THE PENALTY FOR ILLEGAL PROCESSING 2,117
OF DRUG DOCUMENTS shall be determined as follows: 2,119
(1) If the drug involved is a compound, mixture, 2,121
preparation, or substance included in schedule I or II, with the 2,122
exception of marihuana, illegal processing of drug documents is a 2,123
felony of the fourth degree, and division (C) of section 2929.13 2,124
of the Revised Code applies in determining whether to impose a 2,125
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 2,127
compound, mixture, preparation, or substance included in schedule 2,128
III, IV, or V or is marihuana, illegal processing of drug 2,129
documents is a felony of the fifth degree, and division (C) of 2,130
section 2929.13 of the Revised Code applies in determining 2,131
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 2,133
by division (F) of this section and sections 2929.13 and 2929.14 2,134
of the Revised Code and in addition to any other sanction imposed 2,135
for the offense under this section or sections 2929.11 to 2929.18 2,136
of the Revised Code, the court that sentences an offender who is 2,137
convicted of or pleads guilty to any violation of divisions (A) 2,138
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 2,141
or more than five years the driver's or commercial driver's 2,142
license or permit of any person who is convicted of or has 2,143
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 2,145
49
a person who has been admitted to the bar by order of the supreme 2,146
court in compliance with its prescribed and published rules, in 2,147
addition to any other sanction imposed for a violation of this 2,148
section, the court forthwith shall comply with section 2925.38 of 2,149
the Revised Code.
(H) Notwithstanding any contrary provision of section 2,151
3719.21 of the Revised Code, the clerk of court shall pay a fine 2,152
imposed for a violation of this section pursuant to division (A) 2,153
of section 2929.18 of the Revised Code in accordance with and 2,154
subject to the requirements of division (F) of section 2925.03 of 2,155
the Revised Code. The agency that receives the fine shall use 2,156
the fine as specified in division (F) of section 2925.03 of the 2,157
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish 2,166
another a sample drug. 2,167
(B) Division (A) of this section does not apply to 2,169
manufacturers, wholesalers, pharmacists, owners of pharmacies, 2,170
dentists, doctors of medicine and surgery, doctors of osteopathic 2,171
medicine and surgery, doctors of podiatry, veterinarians, and 2,172
other persons whose conduct is in accordance with Chapters 3719., 2,173
4715., 4729., 4731., and 4741. of the Revised Code or to 2,174
optometrists whose conduct is in accordance with a valid 2,175
therapeutic pharmaceutical agents certificate issued under 2,176
Chapter 4725. of the Revised Code. 2,177
(C)(1) Whoever violates this section is guilty of illegal 2,179
dispensing of drug samples. 2,180
(2) If the drug involved in the offense is a compound, 2,182
mixture, preparation, or substance included in schedule I or II, 2,183
with the exception of marihuana, the penalty for the offense 2,184
shall be determined as follows: 2,185
(a) Except as otherwise provided in division (C)(2)(b) of 2,187
this section, illegal dispensing of drug samples is a felony of 2,188
the fifth degree, and, subject to division (E) of this section, 2,190
division (C) of section 2929.13 of the Revised Code applies in
50
determining whether to impose a prison term on the offender. 2,191
(b) If the offense was committed in the vicinity of a 2,193
school or in the vicinity of a juvenile, illegal dispensing of 2,194
drug samples is a felony of the fourth degree, and, subject to 2,195
division (E) of this section, division (C) of section 2929.13 of 2,196
the Revised Code applies in determining whether to impose a 2,197
prison term on the offender.
(3) If the drug involved in the offense is a dangerous 2,199
drug or a compound, mixture, preparation, or substance included 2,200
in schedule III, IV, or V, or is marihuana, the penalty for the 2,201
offense shall be determined as follows: 2,202
(a) Except as otherwise provided in division (C)(3)(b) of 2,205
this section, illegal dispensing of drug samples is a misdemeanor 2,206
of the second degree.
(b) If the offense was committed in the vicinity of a 2,209
school or in the vicinity of a juvenile, illegal dispensing of 2,210
drug samples is a misdemeanor of the first degree. 2,211
(D) In addition to any prison term authorized or required 2,214
by division (C) or (E) of this section and sections 2929.13 and 2,215
2929.14 of the Revised Code and in addition to any other sanction 2,216
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 2,218
who is convicted of or pleads guilty to a violation of division 2,219
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 2,222
or more than five years the driver's or commercial driver's 2,223
license or permit of any person who is convicted of or has 2,224
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 2,226
a person who has been admitted to the bar by order of the supreme 2,227
court in compliance with its prescribed and published rules, in 2,228
addition to any other sanction imposed for a violation of this 2,229
section, the court forthwith shall comply with section 2925.38 of 2,230
the Revised Code. 2,231
51
(E) Notwithstanding the prison term authorized or required 2,233
by division (C) of this section and sections 2929.13 and 2929.14 2,234
of the Revised Code, if the violation of division (A) of this 2,235
section involves the sale, offer to sell, or possession of a 2,236
schedule I or II controlled substance, with the exception of 2,237
marihuana, and if the COURT IMPOSING SENTENCE UPON THE OFFENDER 2,238
FINDS THAT THE offender, as a result of the violation, is a major 2,239
drug offender AND IS GUILTY OF A SPECIFICATION OF THE TYPE 2,240
DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the court, in 2,241
lieu of the prison term otherwise authorized or required, shall 2,242
impose upon the offender the mandatory prison term specified in 2,243
division (D)(3)(a) of section 2929.14 of the Revised Code and may 2,244
impose an additional prison term under division (D)(3)(b) of that 2,246
section.
(F) Notwithstanding any contrary provision of section 2,249
3719.21 of the Revised Code, the clerk of the court shall pay a
fine imposed for a violation of this section pursuant to division 2,251
(A) of section 2929.18 of the Revised Code in accordance with and 2,252
subject to the requirements of division (F) of section 2925.03 of 2,253
the Revised Code. The agency that receives the fine shall use 2,254
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 2,255
Sec. 2927.24. (A) As used in this section: 2,264
(1) "Poison" has the same meaning as in section 3719.01 of 2,266
the Revised Code.
(2) "Drug" has the same meaning as in section 4729.01 of 2,269
the Revised Code.
(B) Except as provided in division (D) of this section, no 2,271
person shall knowingly mingle a poison or other harmful substance 2,272
with a food, drink, nonprescription drug, prescription drug, or 2,273
pharmaceutical product, or knowingly place a poison or other 2,274
harmful substance in a spring, well, reservoir, or public water 2,275
supply, if the person knows or has reason to know that the food, 2,276
drink, nonprescription drug, prescription drug, pharmaceutical 2,277
52
product, or water may be ingested or used by another person. For 2,278
purposes of this division, a person does not know or have reason 2,279
to know that water may be ingested or used by another person if 2,280
it is disposed of as waste into a household drain including the 2,281
drain of a toilet, sink, tub, or floor. 2,282
(C) No person shall inform another person that a poison or 2,284
other harmful substance has been or will be placed in a food, 2,285
drink, nonprescription drug, prescription drug, or other 2,286
pharmaceutical product, spring, well, reservoir, or public water 2,287
supply, if the placement of the poison or other harmful substance 2,288
would be a violation of division (B) of this section, and the 2,289
person knows both that the information is false and that the 2,290
information likely will be disseminated to the public. 2,291
(D)(1) A person may mingle a drug with a food or drink for 2,293
the purpose of causing the drug to be ingested or used in the 2,294
quantity described by its labeling or prescription. 2,295
(2) A person may place a poison or other harmful substance 2,297
in a spring, well, reservoir, or public water supply in such 2,298
quantity as is necessary to treat the spring, well, reservoir, or 2,299
water supply to make it safe for human consumption and use. 2,300
(3) The provisions of division (A) of this section shall 2,302
not be applied in a manner that conflicts with any other state or 2,303
federal law or rule relating to substances permitted to be 2,304
applied to or present in any food, raw or processed, any milk or 2,305
milk product, any meat or meat product, any type of crop, water, 2,306
or alcoholic or nonalcoholic beverage. 2,307
(E)(1) Whoever violates division (B) of this section is 2,309
guilty of contaminating a substance for human consumption or 2,311
use,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
CONTAMINATING A SUBSTANCE FOR HUMAN CONSUMPTION OR USE IS a 2,313
felony of the first degree. If the offense involved an amount of 2,314
poison or other harmful substance sufficient to cause death if
ingested or used by a person or if the offense resulted in 2,315
serious physical harm to another person, whoever violates 2,316
53
division (B) of this section is guilty of an aggravated felony of 2,317
the first degree and shall be imprisoned for life WITH PAROLE 2,318
ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT. 2,319
(2) Whoever violates division (C) of this section is 2,321
guilty of spreading a false report of contamination, a felony of 2,322
the fourth degree. 2,323
Sec. 2929.01. As used in this chapter: 2,333
(A)(1) "Alternative residential facility" means, subject 2,335
to division (A)(2) of this section, any facility other than an 2,336
offender's home or residence in which an offender is assigned to 2,337
live and that satisfies all of the following criteria: 2,338
(a) It provides programs through which the offender may 2,340
seek or maintain employment or may receive education, training, 2,341
treatment, or habilitation. 2,342
(b) It has received the appropriate license or certificate 2,344
for any specialized education, training, treatment, habilitation, 2,345
or other service that it provides from the government agency that 2,346
is responsible for licensing or certifying that type of 2,347
education, training, treatment, habilitation, or service. 2,348
(2) "Alternative residential facility" does not include a 2,351
community-based correctional facility, jail, halfway house, or 2,352
prison.
(B) "Bad time" means the time by which the parole board 2,354
administratively extends an offender's stated prison term or 2,355
terms pursuant to section 2967.11 of the Revised Code because the 2,356
parole board finds by clear and convincing evidence that the 2,357
offender, while serving the prison term or terms, committed an 2,358
act that is a criminal offense under the law of this state or the 2,359
United States, whether or not the offender is prosecuted for the 2,361
commission of that act.
(C) "Basic supervision" means a requirement that the 2,364
offender maintain contact with a person appointed to supervise 2,366
the offender in accordance with sanctions imposed by the court or 2,367
imposed by the parole board pursuant to section 2967.28 of the 2,368
54
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 2,370
"unit dose" have the same meanings as in section 2925.01 of the 2,371
Revised Code.
(E) "Community-based correctional facility" means a 2,374
community-based correctional facility and program or district 2,375
community-based correctional facility and program developed 2,376
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 2,377
(F) "Community control sanction" means a sanction that is 2,380
not a prison term and that is described in section 2929.15, 2,381
2929.16, 2929.17, or 2929.18 of the Revised Code. 2,382
(G) "Criminally injurious conduct" means any conduct of 2,385
the type that is described in division (C)(1) or (2) of section 2,386
2743.51 of the Revised Code and that occurs on or after July 1, 2,387
1996, or any activity that is described in divisions (C)(3) and 2,388
(R) of section 2743.51 of the Revised Code and that occurs on or 2,389
after the effective date of this amendment. 2,390
(H) "Controlled substance," "marihuana," "schedule I," and 2,392
"schedule II" have the same meanings as in section 3719.01 of the 2,394
Revised Code.
(I)(H) "Curfew" means a requirement that an offender 2,397
during a specified period of time be at a designated place. 2,398
(J)(I) "Day reporting" means a sanction pursuant to which 2,401
an offender is required each day to report to and leave a center 2,402
or other approved reporting location at specified times in order 2,403
to participate in work, education or training, treatment, and 2,404
other approved programs at the center or outside the center. 2,405
(K)(J) "Deadly weapon" has the same meaning as in section 2,408
2923.11 of the Revised Code. 2,409
(L)(K) "Drug and alcohol use monitoring" means a program 2,412
under which an offender agrees to submit to random chemical 2,413
analysis of the offender's blood, breath, or urine to determine 2,414
whether the offender has ingested any alcohol or other drugs. 2,415
(M)(L) "Drug treatment program" means any program under 2,418
55
which a person undergoes assessment and treatment designed to 2,419
reduce or completely eliminate the person's physical or emotional 2,420
reliance upon alcohol, another drug, or alcohol and another drug 2,421
and under which the person may be required to receive assessment 2,423
and treatment on an outpatient basis or may be required to reside 2,424
at a facility other than the person's home or residence while
undergoing assessment and treatment. 2,425
(N)(M) "Economic loss" means any economic detriment 2,428
suffered by a victim as a result of criminally injurious conduct 2,429
THE COMMISSION OF A FELONY and includes any loss of income due to 2,430
lost time at work because of any injury caused to the victim, and 2,431
any property loss, medical cost, or funeral expense incurred as a 2,432
result of the criminally injurious conduct COMMISSION OF THE 2,433
FELONY. 2,434
(O)(N) "Education or training" includes study at, or in 2,437
conjunction with a program offered by, a university, college, or 2,438
technical college or vocational study and also includes the 2,439
completion of primary school, secondary school, and literacy 2,440
curriculums or their equivalent.
(P)(O) "Electronically monitored house arrest" has the 2,443
same meaning as in section 2929.23 of the Revised Code. 2,444
(Q)(P) "Eligible offender" has the same meaning as in 2,447
section 2929.23 of the Revised Code except as otherwise specified 2,448
in section 2929.20 of the Revised Code. 2,449
(R)(Q) "Firearm" has the same meaning as in section 2,452
2923.11 of the Revised Code.
(S)(R) "Halfway house" means a facility licensed by the 2,455
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 2,457
Revised Code as a suitable facility for the care and treatment of 2,458
adult offenders.
(T)(S) "House arrest" means a period of confinement of an 2,460
eligible offender that is in the eligible offender's home or in 2,462
other premises specified by the sentencing court or by the parole 2,463
56
board pursuant to section 2967.28 of the Revised Code, that may 2,464
be electronically monitored house arrest, and during which all of 2,465
the following apply: 2,466
(1) The eligible offender is required to remain in the 2,468
eligible offender's home or other specified premises for the 2,470
specified period of confinement, except for periods of time 2,471
during which the eligible offender is at the eligible offender's 2,472
place of employment or at other premises as authorized by the 2,474
sentencing court or by the parole board.
(2) The eligible offender is required to report 2,477
periodically to a person designated by the court or parole board. 2,478
(3) The eligible offender is subject to any other 2,480
restrictions and requirements that may be imposed by the 2,481
sentencing court or by the parole board. 2,482
(U)(T) "Intensive supervision" means a requirement that an 2,485
offender maintain frequent contact with a person appointed by the 2,486
court, or by the parole board pursuant to section 2967.28 of the 2,487
Revised Code, to supervise the offender while the offender is 2,488
seeking or maintaining necessary employment and participating in 2,489
training, education, and treatment programs as required in the 2,490
court's or parole board's order.
(V)(U) "Jail" means a jail, workhouse, minimum security 2,493
jail, or other residential facility used for the confinement of 2,494
alleged or convicted offenders that is operated by a political 2,495
subdivision or a combination of political subdivisions of this 2,496
state.
(W)(V) "Delinquent child" has the same meaning as in 2,498
section 2151.02 of the Revised Code. 2,500
(X)(W) "License violation report" means a report that is 2,503
made by a sentencing court, or by the parole board pursuant to 2,504
section 2967.28 of the Revised Code, to the regulatory or 2,505
licensing board or agency that issued an offender a professional 2,506
license or a license or permit to do business in this state and 2,508
that specifies that the offender has been convicted of or pleaded 2,509
57
guilty to an offense that may violate the conditions under which 2,510
the offender's professional license or license or permit to do 2,511
business in this state was granted or an offense for which the 2,512
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 2,513
(Y)(X) "Major drug offender" means an offender who is 2,516
convicted of or pleads guilty to the possession of, sale of, or 2,517
offer to sell any drug, compound, mixture, preparation, or 2,518
substance that consists of or contains at least one thousand 2,519
grams of hashish; at least one hundred grams of crack cocaine; at 2,520
least one thousand grams of cocaine that is not crack cocaine; at 2,521
least TWO THOUSAND FIVE HUNDRED UNIT DOSES OR two hundred fifty 2,522
grams of heroin; at least five thousand unit doses of L.S.D.; or 2,524
at least one hundred times the amount of any other schedule I or 2,525
II controlled substance other than marihuana that is necessary to 2,526
commit a felony of the third degree pursuant to section 2925.03, 2,527
2925.04, 2925.05, 2925.06, or 2925.11 of the Revised Code that is 2,529
based on the possession of, sale of, or offer to sell the
controlled substance. 2,530
(Z)(Y) "Mandatory prison term" means one any of the 2,532
following: 2,533
(1) Subject to division (DD)(Z)(Y)(2) of this section, the 2,536
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10)(11) 2,538
of section 2929.13 and division (D) of section 2929.14 of the 2,539
Revised Code. Except as provided in sections 2925.02, 2925.03, 2,541
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 2,542
maximum or another specific term is required under section 2,543
2929.14 of the Revised Code, a mandatory prison term described in 2,544
this division may be any prison term authorized for the level of 2,545
offense.
(2) The term of sixty days in prison that a sentencing 2,548
court is required to impose for a fourth degree felony OMVI 2,549
offense pursuant to division (G)(2) of section 2929.13 and 2,550
58
division (A)(4) of section 4511.99 of the Revised Code. 2,551
(3) The term in prison imposed pursuant to section 2971.03 2,553
of the Revised Code for the offenses and in the circumstances 2,554
described in division (F)(9)(10) of section 2929.13 of the 2,555
Revised Code and that term as modified or terminated pursuant to 2,557
section 2971.05 of the Revised Code. 2,558
(AA)(Z) "Monitored time" means a period of time during 2,561
which an offender continues to be under the control of the 2,562
sentencing court or parole board, subject to no conditions other 2,563
than leading a law abiding life.
(BB)(AA) "Offender" means a person who, in this state, is 2,566
convicted of or pleads guilty to a felony or a misdemeanor. 2,567
(CC)(BB) "Prison" means a residential facility used for 2,570
the confinement of convicted felony offenders that is under the 2,571
control of the department of rehabilitation and correction but 2,572
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 2,573
(DD)(CC) "Prison term" includes any of the following 2,575
sanctions for an offender: 2,576
(1) A stated prison term; 2,578
(2) A term in a prison shortened by, or with the approval 2,581
of, the sentencing court pursuant to section 2929.20, 2967.26, 2,582
5120.031, 5120.032, or 5120.073 of the Revised Code; 2,583
(3) A term in prison extended by bad time imposed pursuant 2,586
to section 2967.11 of the Revised Code or imposed for a violation 2,587
of post-release control pursuant to section 2967.28 of the 2,588
Revised Code.
(EE)(DD) "Repeat violent offender" means a person about 2,591
whom both of the following apply:
(1) The person has been convicted of or has pleaded guilty 2,594
to, and is being sentenced for committing, for complicity in 2,595
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 2,596
other than one set forth in Chapter 2925. of the Revised Code, a 2,598
59
felony of the first degree set forth in Chapter 2925. of the 2,599
Revised Code that involved an attempt to cause serious physical 2,600
harm to a person or that resulted in serious physical harm to a 2,601
person, or a felony of the second degree that involved an attempt 2,602
to cause serious physical harm to a person or that resulted in 2,604
serious physical harm to a person.
(2) Either of the following applies: 2,606
(a) The person previously was convicted of or pleaded 2,608
guilty to, and served a prison term for, any of the following: 2,609
(i) Aggravated murder, murder, involuntary manslaughter, 2,611
rape, felonious sexual penetration as it existed under section 2,613
2907.12 of the Revised Code as it existed prior to September 3,
1996, a felony of the first or second degree that resulted in the 2,614
death of a person or in physical harm to a person, or complicity 2,615
in or an attempt to commit any of those offenses; 2,616
(ii) An offense under an existing or former law of this 2,619
state, another state, or the United States that is or was 2,620
substantially equivalent to an offense listed under division 2,621
(EE)(DD)(2)(a)(i) of this section AND THAT RESULTED IN THE DEATH 2,622
OF A PERSON OR IN PHYSICAL HARM TO A PERSON.
(b) The person previously was adjudicated a delinquent 2,624
child for committing an act that if committed by an adult would 2,625
have been an offense listed in division (EE)(DD)(2)(a)(i) or (ii) 2,627
of this section, the person was committed to the department of 2,628
youth services for that delinquent act, and the juvenile court in 2,629
which the person was adjudicated a delinquent child made a 2,630
specific finding that the adjudication should be considered a 2,632
conviction for purposes of a determination in the future pursuant
to this chapter as to whether the person is a repeat violent 2,633
offender.
(FF)(EE) "Sanction" means any penalty imposed upon an 2,636
offender who is convicted of or pleads guilty to an offense, as 2,637
punishment for the offense. "Sanction" includes any sanction 2,638
imposed pursuant to any provision of sections 2929.14 to 2929.18 2,639
60
of the Revised Code.
(GG)(FF) "Sentence" means the sanction or combination of 2,642
sanctions imposed by the sentencing court on an offender who is 2,643
convicted of or pleads guilty to a felony.
(HH)(GG) "Stated prison term" means the prison term, 2,646
mandatory prison term, or combination of all prison terms and 2,647
mandatory prison terms imposed by the sentencing court pursuant 2,648
to section 2929.14 or 2971.03 of the Revised Code. "Stated 2,649
prison term" includes any credit received by the offender for 2,650
time spent in jail awaiting trial, sentencing, or transfer to 2,651
prison for the offense and any time spent under house arrest or 2,652
electronically monitored house arrest imposed after earning 2,653
credits pursuant to section 2967.193 of the Revised Code. 2,654
(II)(HH) "Victim-offender mediation" means a 2,657
reconciliation or mediation program that involves an offender and 2,658
the victim of the offense committed by the offender and that
includes a meeting in which the offender and the victim may 2,659
discuss the offense, discuss restitution, and consider other 2,660
sanctions for the offense. 2,661
(JJ)(II) "Fourth degree felony OMVI offense" means a 2,664
violation of division (A) of section 4511.19 of the Revised Code 2,666
that, under section 4511.99 of the Revised Code, is a felony of 2,668
the fourth degree.
(KK)(JJ) "Mandatory term of local incarceration" means the 2,671
term of sixty days in a jail, a community-based correctional 2,672
facility, a halfway house, or an alternative residential facility 2,673
that a sentencing court is required to impose upon a person who 2,674
is convicted of or pleads guilty to a fourth degree felony OMVI 2,675
offense pursuant to division (G)(1) of section 2929.13 of the 2,676
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 2,677
(LL)(KK) "Designated homicide, assault, or kidnapping 2,679
offense," "sexual motivation specification," "sexually violent 2,680
offense," "sexually violent predator," and "sexually violent 2,681
61
predator specification" have the same meanings as in section 2,682
2971.01 of the Revised Code.
(MM)(LL) "Habitual sex offender," "sexually oriented 2,684
offense," and "sexual predator" have the same meanings as in 2,685
section 2950.01 of the Revised Code. 2,686
Sec. 2929.12. (A) Unless a mandatory prison term is 2,696
OTHERWISE required by division (F) of section 2929.13 or section 2,698
2929.14 of the Revised Code, a court that imposes a sentence 2,699
under this chapter upon an offender for a felony has discretion 2,700
to determine the most effective way to comply with the purposes 2,701
and principles of sentencing set forth in section 2929.11 of the 2,702
Revised Code. In exercising that discretion, the court shall 2,703
consider the factors set forth in divisions (B) and (C) of this 2,705
section relating to the seriousness of the conduct and the 2,706
factors provided in divisions (D) and (E) of this section 2,707
relating to the likelihood of the offender's recidivism and, in 2,708
addition, may consider any other factors that are relevant to 2,709
achieving those purposes and principles of sentencing. 2,710
(B) The sentencing court shall consider all of the 2,713
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the 2,714
offender's conduct is more serious than conduct normally 2,715
constituting the offense: 2,716
(1) The physical or mental injury suffered by the victim 2,719
of the offense due to the conduct of the offender was exacerbated 2,720
because of the physical or mental condition or age of the victim. 2,721
(2) The victim of the offense suffered serious physical, 2,724
psychological, or economic harm as a result of the offense. 2,725
(3) The offender held a public office or position of trust 2,728
in the community, and the offense related to that office or
position. 2,729
(4) The offender's occupation, elected office, or 2,731
profession obliged the offender to prevent the offense or bring 2,732
others committing it to justice. 2,733
62
(5) The offender's professional reputation or occupation, 2,736
elected office, or profession was used to facilitate the offense 2,737
or is likely to influence the future conduct of others. 2,738
(6) The offender's relationship with the victim 2,740
facilitated the offense. 2,741
(7) The offender committed the offense for hire or as a 2,743
part of an organized criminal activity. 2,744
(8) In committing the offense, the offender was motivated 2,747
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 2,748
(C) The sentencing court shall consider all of the 2,750
following that apply regarding the offender, the offense, or the 2,751
victim, and any other relevant factors, as indicating that the 2,752
offender's conduct is less serious than conduct normally 2,753
constituting the offense:
(1) The victim induced or facilitated the offense. 2,755
(2) In committing the offense, the offender acted under 2,757
strong provocation. 2,758
(3) In committing the offense, the offender did not cause 2,761
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 2,763
offender's conduct, although the grounds are not enough to 2,764
constitute a defense. 2,765
(D) The sentencing court shall consider all of the 2,767
following that apply regarding the offender, and any other 2,768
relevant factors, as factors indicating that the offender is 2,770
likely to commit future crimes:
(1) At the time of committing the offense, the offender 2,772
was under release from confinement before trial or sentencing, 2,773
under a sanction imposed pursuant to section 2929.16, 2929.17, or 2,774
2929.18 of the Revised Code, or under post-release control 2,776
pursuant to section 2967.28 or any other provision of the Revised 2,777
Code for an earlier offense. 2,778
(2) The offender previously was adjudicated a delinquent 2,781
63
child pursuant to Chapter 2151. of the Revised Code, or the 2,782
offender has a history of criminal convictions. 2,783
(3) The offender has not been rehabilitated to a 2,785
satisfactory degree after previously being adjudicated a 2,786
delinquent child pursuant to Chapter 2151. of the Revised Code, 2,788
or the offender has not responded favorably to sanctions 2,789
previously imposed for criminal convictions. 2,790
(4) The offender has demonstrated a pattern of drug or 2,792
alcohol abuse that is related to the offense, and the offender 2,793
refuses to acknowledge that the offender has demonstrated that 2,794
pattern, or the offender refuses treatment for the drug or 2,795
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 2,797
(E) The sentencing court shall consider all of the 2,799
following that apply regarding the offender, and any other 2,800
relevant factors, as factors indicating that the offender is not 2,801
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 2,803
been adjudicated a delinquent child. 2,804
(2) Prior to committing the offense, the offender had not 2,806
been convicted of or pleaded guilty to a criminal offense. 2,807
(3) Prior to committing the offense, the offender had led 2,810
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 2,813
likely to recur.
(5) The offender shows genuine remorse for the offense. 2,815
Sec. 2929.13. (A) Except as provided in division (E), 2,825
(F), or (G) of this section and unless a specific sanction is 2,826
required to be imposed or is precluded from being imposed 2,827
pursuant to law, a court that imposes a sentence upon an offender 2,828
for a felony may impose any sanction or combination of sanctions 2,829
on the offender that are provided in sections 2929.14 to 2929.18 2,830
of the Revised Code. The sentence shall not impose an 2,831
unnecessary burden on state or local government resources. 2,832
64
If the offender is eligible to be sentenced to community 2,834
control sanctions, the court shall consider the appropriateness 2,836
of imposing a financial sanction pursuant to section 2929.18 of 2,837
the Revised Code or a sanction of community service pursuant to 2,839
section 2929.17 of the Revised Code as the sole sanction for the 2,840
offense. Except as otherwise provided in this division, if the 2,841
court is required to impose a mandatory prison term for the 2,842
offense for which sentence is being imposed, the court also may 2,843
impose a financial sanction pursuant to section 2929.18 of the 2,844
Revised Code but may not impose any additional sanction or 2,845
combination of sanctions under section 2929.16 or 2929.17 of the 2,846
Revised Code. 2,847
If the offender is being sentenced for a fourth degree 2,849
felony OMVI offense, in addition to the mandatory term of local 2,850
incarceration or the mandatory prison term required for the 2,852
offense by division (G)(1) or (2) of this section, the court 2,854
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 2,857
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 2,859
offender be sentenced to a mandatory term of local incarceration, 2,860
an additional community control sanction or combination of 2,862
community control sanctions under section 2929.16 or 2929.17 of 2,863
the Revised Code; 2,864
(2) If division (G)(2) of this section requires that the 2,866
offender be sentenced to a mandatory prison term, an additional 2,867
prison term as described in division (D)(4) of section 2929.14 of 2,868
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 2,871
(G) of this section, in sentencing an offender for a felony of 2,872
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 2,874
(a) In committing the offense, the offender caused 2,876
physical harm to a person. 2,877
65
(b) In committing the offense, the offender attempted to 2,880
cause or made an actual threat of physical harm to a person with 2,881
a deadly weapon.
(c) In committing the offense, the offender attempted to 2,884
cause or made an actual threat of physical harm to a person, and 2,885
the offender previously was convicted of an offense that caused 2,886
physical harm to a person.
(d) The offender held a public office or position of trust 2,889
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 2,890
or to bring those committing it to justice; or the offender's 2,891
professional reputation or position facilitated the offense or 2,892
was likely to influence the future conduct of others. 2,893
(e) The offender committed the offense for hire or as part 2,895
of an organized criminal activity. 2,896
(f) The offense is a sex offense that is a fourth or fifth 2,899
degree felony violation of section 2907.03, 2907.04, 2907.05, 2,900
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 2,901
Revised Code.
(g) The offender previously served a prison term. 2,903
(h) The offender previously was subject to a community 2,905
control sanction, and the offender committed another THE offense 2,907
while under the A COMMUNITY CONTROL sanction OR WHILE ON 2,908
PROBATION.
(i) THE OFFENDER COMMITTED THE OFFENSE WHILE IN POSSESSION 2,910
OF A FIREARM. 2,911
(2)(a) If the court makes a finding described in division 2,914
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) of this 2,915
section and if the court, after considering the factors set forth 2,917
in section 2929.12 of the Revised Code, finds that a prison term 2,918
is consistent with the purposes and principles of sentencing set 2,919
forth in section 2929.11 of the Revised Code and finds that the 2,921
offender is not amenable to an available community control 2,922
sanction, the court shall impose a prison term upon the offender. 2,923
66
(b) Except as provided in division (E), (F), or (G) of 2,925
this section, if the court does not make a finding described in 2,927
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) 2,928
of this section and if the court, after considering the factors 2,930
set forth in section 2929.12 of the Revised Code, finds that a 2,932
community control sanction or combination of community control 2,933
sanctions is consistent with the purposes and principles of 2,934
sentencing set forth in section 2929.11 of the Revised Code, the 2,937
court shall impose a community control sanction or combination of 2,938
community control sanctions upon the offender. 2,939
(C) Except as provided in division (E) or (F) of this 2,942
section, in determining whether to impose a prison term as a 2,943
sanction for a felony of the third degree or a felony drug 2,944
offense that is a violation of a provision of Chapter 2925. of 2,946
the Revised Code and that is specified as being subject to this 2,949
division for purposes of sentencing, the sentencing court shall 2,950
comply with the purposes and principles of sentencing under 2,951
section 2929.11 of the Revised Code and with section 2929.12 of 2,954
the Revised Code.
(D) Except as provided in division (E) or (F) of this 2,957
section, for a felony of the first or second degree and for a 2,958
felony drug offense that is a violation of any provision of 2,959
Chapter 2925., 3719., or 4729. of the Revised Code for which a 2,960
presumption in favor of a prison term is specified as being 2,961
applicable, it is presumed that a prison term is necessary in 2,962
order to comply with the purposes and principles of sentencing 2,963
under section 2929.11 of the Revised Code. Notwithstanding the 2,964
presumption established under this division, the sentencing court 2,965
may impose a community control sanction or a combination of 2,966
community control sanctions instead of a prison term on an 2,967
offender for a felony of the first or second degree or for a 2,968
felony drug offense that is a violation of any provision of 2,969
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 2,970
67
applicable if it makes both of the following findings: 2,972
(1) A community control sanction or a combination of 2,974
community control sanctions would adequately punish the offender 2,976
and protect the public from future crime, because the applicable 2,977
factors under section 2929.12 of the Revised Code indicating a 2,979
lesser likelihood of recidivism outweigh the applicable factors 2,981
under that section indicating a greater likelihood of recidivism. 2,983
(2) A community control sanction or a combination of 2,985
community control sanctions would not demean the seriousness of 2,987
the offense, because one or more factors under section 2929.12 of 2,988
the Revised Code that indicate that the offender's conduct was 2,989
less serious than conduct normally constituting the offense are 2,990
applicable, and they outweigh the applicable factors under that 2,991
section that indicate that the offender's conduct was more 2,992
serious than conduct normally constituting the offense. 2,993
(E)(1) Except as provided in division (F) of this section, 2,996
for any drug offense that is a violation of any provision of 2,997
Chapter 2925. of the Revised Code and that is a felony of the 2,998
third, fourth, or fifth degree, the applicability of a 2,999
presumption under division (D) of this section in favor of a 3,000
prison term or of division (B) or (C) of this section in 3,001
determining whether to impose a prison term for the offense shall 3,003
be determined as specified in section 2925.02, 2925.03, 2925.04, 3,004
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 3,005
2925.36, or 2925.37 of the Revised Code, whichever is applicable 3,008
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 3,010
to a felony drug offense in violation of a provision of Chapter 3,011
2925., 3719., or 4729. of the Revised Code violates the 3,012
conditions of a community control sanction imposed for the 3,013
offense solely by possessing or using a controlled substance and 3,015
if the offender has not failed to meet the conditions of any drug 3,017
treatment program in which the offender was ordered to
participate as a sanction for the offense OR SOLELY BY REASON OF 3,018
68
PRODUCING POSITIVE RESULTS ON A DRUG TEST, the court, as 3,019
punishment for the violation of the sanction, shall NOT order 3,021
that the offender BE IMPRISONED UNLESS THE COURT DETERMINES ON 3,023
THE RECORD EITHER OF THE FOLLOWING:
(a) THE OFFENDER HAD BEEN ORDERED AS A SANCTION FOR THE 3,025
FELONY TO participate in a drug treatment program, IN A DRUG 3,028
EDUCATION PROGRAM, or in alcoholics anonymous, narcotics 3,030
anonymous, or a similar program if the court determines that an 3,031
order of that nature is, AND THE OFFENDER CONTINUED TO USE 3,032
ILLEGAL DRUGS AFTER A REASONABLE PERIOD OF PARTICIPATION IN THE 3,034
PROGRAM.
(b) THE IMPRISONMENT OF THE OFFENDER FOR THE VIOLATION IS 3,036
consistent with the purposes and principles of sentencing set 3,037
forth in section 2929.11 of the Revised Code. If the court 3,038
determines that an order of that nature would not be consistent 3,039
with those purposes and principles or if the offender violated 3,040
the conditions of a drug treatment program in which the offender 3,041
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 3,042
sanction, including a prison term. 3,043
(F) Notwithstanding divisions (A) to (E) of this section, 3,046
the court shall impose a prison term or terms under sections 3,047
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 3,048
Revised Code and except as specifically provided in section 3,049
2929.20 OR 2967.191 of the Revised Code or when parole is 3,050
authorized for the offense under section 2967.13 of the Revised 3,051
Code, shall not reduce the terms pursuant to section 2929.20, 3,052
section 2967.193, or any other provision of Chapter 2967. or 3,054
Chapter 5120. of the Revised Code for any of the following 3,055
offenses: 3,056
(1) Aggravated murder when death is not imposed or murder; 3,058
(2) Any rape, regardless of whether force was involved and 3,060
regardless of the age of the victim, or an attempt to commit rape 3,061
by force when the victim is under thirteen years of age; 3,064
69
(3) Gross sexual imposition or sexual battery, if the 3,066
victim is under thirteen years of age, if the offender previously 3,068
was convicted of or pleaded guilty to rape, the former offense of 3,069
felonious sexual penetration, gross sexual imposition, or sexual 3,070
battery, and if the victim of the previous offense was under 3,072
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 3,075
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 3,076
(5) A first, second, or third degree felony drug offense 3,079
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 3,080
4729.99 of the Revised Code, whichever is applicable regarding 3,082
the violation, requires the imposition of a mandatory prison 3,083
term;
(6) Any offense that is a first or second degree felony 3,085
and that is not set forth in division (F)(1), (2), (3), or (4) of 3,087
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 3,089
degree felony, or an offense under an existing or former law of 3,090
this state, another state, or the United States that is or was 3,091
substantially equivalent to one of those offenses;
(7) ANY OFFENSE THAT IS A THIRD DEGREE FELONY AND THAT IS 3,093
LISTED IN DIVISION (DD)(1) OF SECTION 2929.01 OF THE REVISED CODE 3,094
IF THE OFFENDER PREVIOUSLY WAS CONVICTED OF OR PLEADED GUILTY TO 3,095
ANY OFFENSE THAT IS LISTED IN DIVISION (DD)(2)(a)(i) OR (ii) OF 3,096
SECTION 2929.01 OF THE REVISED CODE; 3,097
(8) Any offense, other than a violation of section 2923.12 3,099
of the Revised Code, that is a felony, if the offender had a 3,101
firearm on or about the offender's person or under the offender's 3,102
control while committing the felony, with respect to a portion of 3,103
the sentence imposed pursuant to division (D)(1)(a) of section 3,105
2929.14 of the Revised Code for having the firearm;
(8)(9) Corrupt activity in violation of section 2923.32 of 3,107
70
the Revised Code when the most serious offense in the pattern of 3,109
corrupt activity that is the basis of the offense is a felony of 3,110
the first degree;
(9)(10) Any sexually violent offense for which the 3,112
offender also is convicted of or pleads guilty to a sexually 3,114
violent predator specification that was included in the 3,115
indictment, count in the indictment, or information charging the 3,116
sexually violent offense;
(10)(11) A violation of division (A)(1) or (2) of section 3,118
2921.36 of the Revised Code, or a violation of division (C) of 3,121
that section involving an item listed in division (A)(1) or (2) 3,122
of that section, if the offender is an officer or employee of the 3,123
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 3,126
if an offender is being sentenced for a fourth degree felony OMVI 3,127
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 3,128
accordance with the following: 3,129
(1) Except as provided in division (G)(2) of this section, 3,131
the court shall impose upon the offender a mandatory term of 3,132
local incarceration of sixty days as specified in division (A)(4) 3,133
of section 4511.99 of the Revised Code and shall not reduce the 3,134
term pursuant to section 2929.20, 2967.193, or any other 3,135
provision of the Revised Code. The court that imposes a 3,136
mandatory term of local incarceration under this division shall 3,137
specify whether the term is to be served in a jail, a 3,138
community-based correctional facility, a halfway house, or an 3,139
alternative residential facility, and the offender shall serve 3,140
the term in the type of facility specified by the court. The 3,141
court shall not sentence the offender to a prison term and shall 3,142
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 3,143
incarceration imposed under division (G)(1) of this section is 3,144
not subject to extension under section 2967.11 of the Revised 3,145
71
Code, to a period of post-release control under section 2967.28 3,146
of the Revised Code, or to any other Revised Code provision that 3,147
pertains to a prison term.
(2) If the offender previously has been sentenced to a 3,149
mandatory term of local incarceration pursuant to division (G)(1) 3,150
of this section for a fourth degree felony OMVI offense, the 3,151
court shall impose upon the offender a mandatory prison term of 3,152
sixty days as specified in division (A)(4) of section 4511.99 of 3,153
the Revised Code and shall not reduce the term pursuant to 3,154
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 3,155
to a mandatory term of local incarceration pursuant to division 3,156
(G)(1) of this section for a fourth degree felony OMVI offense be 3,157
sentenced to another mandatory term of local incarceration under 3,158
that division for a fourth degree felony OMVI offense. The court 3,159
shall not sentence the offender to a community control sanction 3,160
under section 2929.16 or 2929.17 of the Revised Code. The 3,161
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 3,162
intensive program prison established pursuant to section 5120.033 3,163
of the Revised Code if the department gave the sentencing judge 3,164
prior notice of its intent to place the offender in an intensive 3,165
program prison established under that section and if the judge 3,166
did not notify the department that the judge disapproved the 3,167
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 3,168
that is privately operated and managed by a contractor pursuant 3,169
to a contract entered into under section 9.06 of the Revised 3,170
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 3,172
make a reasonable effort to ensure that a sufficient number of 3,173
offenders sentenced to a mandatory prison term under this 3,174
division are placed in the privately operated and managed prison 3,175
so that the privately operated and managed prison has full 3,176
72
occupancy.
(b) Unless the privately operated and managed prison has 3,178
full occupancy, the department of rehabilitation and correction 3,179
shall not place any offender sentenced to a mandatory prison term 3,180
under this division in any intensive program prison established 3,181
pursuant to section 5120.033 of the Revised Code other than the 3,183
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 3,186
oriented offense committed on or after January 1, 1997, the judge 3,187
shall require the offender to submit to a DNA specimen collection 3,189
procedure pursuant to section 2901.07 of the Revised Code if 3,191
either of the following applies:
(1) The offense was a sexually violent offense, and the 3,193
offender also was convicted of or pleaded guilty to a sexually 3,194
violent predator specification that was included in the 3,195
indictment, count in the indictment, or information charging the 3,196
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 3,198
offense determines pursuant to division (B) of section 2950.09 of 3,199
the Revised Code that the offender is a sexual predator. 3,200
(I) If an offender is being sentenced for a sexually 3,203
oriented offense committed on or after January 1, 1997, the judge 3,204
shall include in the sentence a summary of the offender's duty to 3,206
register pursuant to section 2950.04 of the Revised Code, the 3,207
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 3,208
section 2950.05 of the Revised Code, the offender's duty to 3,209
periodically verify the offender's current residence address 3,210
pursuant to section 2950.06 of the Revised Code, and the duration 3,211
of the duties. The judge shall inform the offender, at the time 3,212
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 3,214
Code, shall perform the duties specified in that section. 3,215
(J)(1) EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS 3,219
73
SECTION, WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION 3,220
IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 3,221
TO AN ATTEMPT TO COMMIT AN OFFENSE IN VIOLATION OF SECTION 3,222
2923.02 OF THE REVISED CODE, THE SENTENCING COURT SHALL CONSIDER 3,224
THE FACTORS APPLICABLE TO THE FELONY CATEGORY OF THE VIOLATION OF 3,225
SECTION 2923.02 OF THE REVISED CODE INSTEAD OF THE FACTORS 3,227
APPLICABLE TO THE FELONY CATEGORY OF THE OFFENSE ATTEMPTED. 3,229
(2) WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION 3,232
IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 3,233
TO AN ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE 3,234
PENALTY IS DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF 3,235
THE CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE, THE 3,236
SENTENCING COURT SHALL CONSIDER THE FACTORS APPLICABLE TO THE 3,237
FELONY CATEGORY THAT THE DRUG ABUSE OFFENSE ATTEMPTED WOULD BE IF 3,238
THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD INVOLVED AN 3,239
AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED SUBSTANCE THAT 3,240
IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED SUBSTANCE AMOUNTS
THAN WAS INVOLVED IN THE ATTEMPT. 3,242
(K) AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE 3,245
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE. 3,247
Sec. 2929.14. (A) Except as provided in division (C), 3,257
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 3,258
relation to an offense for which a sentence of death or life 3,259
imprisonment is to be imposed, if the court imposing a sentence 3,260
upon an offender for a felony elects or is required to impose a 3,261
prison term on the offender pursuant to this chapter and is not 3,262
prohibited by division (G)(1) of section 2929.13 of the Revised 3,263
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 3,265
(1) For a felony of the first degree, the prison term 3,267
shall be three, four, five, six, seven, eight, nine, or ten 3,268
years. 3,269
(2) For a felony of the second degree, the prison term 3,271
shall be two, three, four, five, six, seven, or eight years. 3,272
74
(3) For a felony of the third degree, the prison term 3,274
shall be one, two, three, four, or five years. 3,275
(4) For a felony of the fourth degree, the prison term 3,277
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 3,278
fourteen, fifteen, sixteen, seventeen, or eighteen months. 3,279
(5) For a felony of the fifth degree, the prison term 3,281
shall be six, seven, eight, nine, ten, eleven, or twelve months. 3,283
(B) Except as provided in division (C), (D)(2), (D)(3), or 3,286
(G) of this section, in section 2907.02 of the Revised Code, or 3,287
in Chapter 2925. of the Revised Code, if the court imposing a 3,289
sentence upon an offender for a felony elects or is required to 3,290
impose a prison term on the offender and if the offender 3,291
previously has not served a prison term, the court shall impose 3,292
the shortest prison term authorized for the offense pursuant to 3,293
division (A) of this section, unless the court finds on the 3,294
record that the shortest prison term will demean the seriousness 3,295
of the offender's conduct or will not adequately protect the 3,296
public from future crime by the offender or others. 3,297
(C) Except as provided in division (G) of this section or 3,299
in Chapter 2925. of the Revised Code, the court imposing a 3,300
sentence upon an offender for a felony may impose the longest 3,301
prison term authorized for the offense pursuant to division (A) 3,302
of this section only upon offenders who committed the worst forms 3,303
of the offense, upon offenders who pose the greatest likelihood 3,304
of committing future crimes, upon certain major drug offenders 3,305
under division (D)(3) of this section, and upon certain repeat 3,306
violent offenders in accordance with division (D)(2) of this 3,308
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b)(d) 3,311
of this section, if an offender who is convicted of or pleads 3,312
guilty to a felony also is convicted of or pleads guilty to a 3,313
specification of the type described in section 2941.141, 3,314
2941.144, OR 2941.145 of the Revised Code, THE COURT SHALL IMPOSE 3,316
ON THE OFFENDER ONE OF THE FOLLOWING PRISON TERMS: 3,317
75
(i) A PRISON TERM OF SIX YEARS IF THE SPECIFICATION IS OF 3,319
THE TYPE DESCRIBED IN SECTION 2941.144 OF THE REVISED CODE that 3,321
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer 3,322
on or about the offender's person or under the offender's control 3,324
while committing the felony, a;
(ii) A PRISON TERM OF THREE YEARS IF THE specification IS 3,327
of the type described in section 2941.145 of the Revised Code 3,329
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while 3,330
committing the offense and displaying the firearm, brandishing 3,332
the firearm, indicating that the offender possessed the firearm, 3,333
or using it to facilitate the offense, or a; 3,335
(iii) A PRISON TERM OF ONE YEAR IF THE specification IS of 3,338
the type described in section 2941.141 of the Revised Code that 3,340
charges the offender with having a firearm on or about the
offender's person or under the offender's control while 3,341
committing the felony, the. 3,342
(b) IF A court, after imposing IMPOSES a prison term on 3,345
the AN offender for the felony under division (A), (D)(2), or 3,348
(D)(3)(1)(a) of this section, shall impose an additional THE 3,349
prison term, determined pursuant to this division, that shall not 3,351
be reduced pursuant to section 2929.20, section 2967.193, or any 3,353
other provision of Chapter 2967. or Chapter 5120. of the Revised 3,354
Code. If the specification is of the type described in section 3,356
2941.144 of the Revised Code, the additional prison term shall be 3,357
six years. If the specification is of the type described in 3,359
section 2941.145 of the Revised Code, the additional prison term 3,361
shall be three years. If the specification is of the type 3,362
described in section 2941.141 of the Revised Code, the additional 3,363
prison term shall be one year. A court shall not impose more 3,365
than one additional prison term on an offender under this 3,366
division (D)(1)(a) OF THIS SECTION for felonies committed as part 3,367
of the same act or transaction. If a court imposes an additional 3,368
76
prison term under division (D)(1)(a)(ii) of this section, the 3,369
court is not precluded from imposing an additional prison term 3,370
under this division.
(ii)(c) Except as provided in division (D)(1)(b)(d) of 3,374
this section, if an offender who is convicted of or pleads guilty 3,375
to a violation of section 2923.161 of the Revised Code or to a 3,377
felony that includes, as an essential element, purposely or 3,378
knowingly causing or attempting to cause the death of or physical 3,379
harm to another, also is convicted of or pleads guilty to a 3,380
specification of the type described in section 2941.146 of the 3,381
Revised Code that charges the offender with committing the 3,384
offense by discharging a firearm from a motor vehicle, as defined 3,385
in section 4501.01 of the Revised Code, other than a manufactured 3,387
home, as defined in section 4501.01 of the Revised Code, the 3,390
court, after imposing a prison term on the offender for the 3,391
violation of section 2923.161 of the Revised Code or for the 3,393
other felony offense under division (A), (D)(2), or (D)(3) of 3,394
this section, shall impose an additional prison term of five 3,395
years upon the offender that shall not be reduced pursuant to 3,396
section 2929.20, section 2967.193, or any other provision of 3,397
Chapter 2967. or Chapter 5120. of the Revised Code. A court 3,398
shall not impose more than one additional prison term on an 3,399
offender under this division (D)(1)(c) OF THIS SECTION for 3,400
felonies committed as part of the same act or transaction. If a 3,402
court imposes an additional prison term on an offender under this 3,403
division (D)(1)(c) OF THIS SECTION relative to an offense, the 3,404
court also shall impose an additional A prison term under 3,405
division (D)(1)(a)(i) of this section relative to the same 3,407
offense, provided the criteria specified in that division for 3,408
imposing an additional prison term are satisfied relative to the
offender and the offense. 3,409
(b)(d) The court shall not impose any of the additional 3,412
prison terms described in division (D)(1)(a) of this section OR 3,415
ANY OF THE ADDITIONAL PRISON TERMS DESCRIBED IN DIVISION 3,416
77
(D)(1)(c) OF THIS SECTION upon an offender for a violation of 3,417
section 2923.12 or 2923.123 of the Revised Code. The court shall 3,418
not impose any of the additional prison terms described in that 3,419
division (D)(1)(a) OF THIS SECTION OR ANY OF THE ADDITIONAL 3,421
PRISON TERMS DESCRIBED IN DIVISION (D)(1)(c) OF THIS SECTION upon 3,423
an offender for a violation of section 2923.13 of the Revised 3,425
Code unless all of the following apply:
(i) The offender previously has been convicted of 3,428
aggravated murder, murder, or any felony of the first or second 3,429
degree.
(ii) Less than five years have passed since the offender 3,432
was released from prison or post-release control, whichever is 3,433
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 3,436
to a felony also is convicted of or pleads guilty to a 3,437
specification of the type described in section 2941.149 of the 3,438
Revised Code that the offender is a repeat violent offender, the 3,440
court shall impose a prison term from the range of terms 3,441
authorized for the offense under division (A) of this section 3,442
that may be the longest term in the range and that shall not be 3,443
reduced pursuant to section 2929.20, section 2967.193, or any 3,445
other provision of Chapter 2967. or Chapter 5120. of the Revised 3,446
Code. If the court finds that the repeat violent offender, in 3,448
committing the offense, caused any physical harm that carried a 3,449
substantial risk of death to a person or that involved 3,450
substantial permanent incapacity or substantial permanent 3,451
disfigurement of a person, the court shall impose the longest 3,452
prison term from the range of terms authorized for the offense 3,454
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 3,457
violent offender imposes the longest prison term from the range 3,458
of terms authorized for the offense under division (A) of this 3,459
section, the court may impose on the offender an additional 3,460
definite prison term of one, two, three, four, five, six, seven, 3,461
78
eight, nine, or ten years if the court finds that both of the 3,462
following apply with respect to the prison terms imposed on the 3,463
offender pursuant to division (D)(2)(a) of this section and, if 3,464
applicable, divisions (D)(1) and (3) of this section: 3,465
(i) The terms so imposed are inadequate to punish the 3,468
offender and protect the public from future crime, because the 3,469
applicable factors under section 2929.12 of the Revised Code 3,472
indicating a greater likelihood of recidivism outweigh the 3,474
applicable factors under that section indicating a lesser
likelihood of recidivism. 3,475
(ii) The terms so imposed are demeaning to the seriousness 3,478
of the offense, because one or more of the factors under section 3,479
2929.12 of the Revised Code indicating that the offender's 3,480
conduct is more serious than conduct normally constituting the 3,481
offense are present, and they outweigh the applicable factors 3,482
under that section indicating that the offender's conduct is less 3,484
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 3,487
section 2903.01 or 2907.02 of the Revised Code and the penalty 3,488
imposed for the violation is life imprisonment or commits a 3,489
violation of section 2903.02 of the Revised Code, if the offender 3,490
commits a violation of section 2925.03, 2925.04, or 2925.11 of 3,491
the Revised Code and that section CLASSIFIES THE OFFENDER AS A 3,492
MAJOR DRUG OFFENDER AND requires the imposition of a ten-year 3,494
prison term on the offender or, if a THE OFFENDER COMMITS A 3,496
FELONY VIOLATION OF SECTION 2925.02, 2925.04, 2925.05, 2925.36, 3,497
3719.07, 3719.08, 3719.16, 3719.161, 4729.37, OR 4729.61, 3,498
DIVISION (C) OR (D) OF SECTION 3719.172, DIVISION (C) OF SECTION 3,499
4729.51, OR DIVISION (J) OF SECTION 4729.54 OF THE REVISED CODE 3,500
THAT INCLUDES THE SALE, OFFER TO SELL, OR POSSESSION OF A
SCHEDULE I OR II CONTROLLED SUBSTANCE, WITH THE EXCEPTION OF 3,501
MARIHUANA, AND THE court imposing a sentence upon an THE offender 3,503
for a felony finds that the offender is guilty of a specification 3,505
of the type described in section 2941.1410 of the Revised Code, 3,506
79
CHARGING that the offender is a major drug offender, OR IF THE 3,508
COURT IMPOSING SENTENCE UPON AN OFFENDER FOR A FELONY FINDS THAT 3,509
THE OFFENDER is guilty of corrupt activity with the most serious 3,510
offense in the pattern of corrupt activity being a felony of the 3,511
first degree, or is guilty of an attempted forcible violation of 3,512
section 2907.02 of the Revised Code with the victim being under 3,513
thirteen years of age and that attempted violation is the felony 3,514
for which sentence is being imposed, the court shall impose upon 3,515
the offender for the felony violation a ten-year prison term that 3,516
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 3,518
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 3,521
division (D)(3)(a) of this section may impose an additional 3,522
prison term of one, two, three, four, five, six, seven, eight, 3,523
nine, or ten years, if the court, with respect to the term 3,524
imposed under division (D)(3)(a) of this section and, if 3,525
applicable, divisions (D)(1) and (2) of this section, makes both 3,527
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 3,528
this section.
(4) If the offender is being sentenced for a fourth degree 3,530
felony OMVI offense and if division (G)(2) of section 2929.13 of 3,532
the Revised Code requires the sentencing court to impose upon the 3,533
offender a mandatory prison term, the sentencing court shall 3,534
impose upon the offender a mandatory prison term in accordance 3,535
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 3,536
prison term of any duration specified in division (A)(4) of this 3,537
section minus the sixty days imposed upon the offender as the 3,538
mandatory prison term. The total of the additional prison term 3,539
imposed under division (D)(4) of this section plus the sixty days 3,540
imposed as the mandatory prison term shall equal one of the 3,541
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 3,542
division (D)(4) of this section, the offender shall serve the 3,543
80
additional prison term after the offender has served the 3,544
mandatory prison term required for the offense. The court shall 3,545
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 3,546
(E)(1) If a mandatory prison term is imposed upon an 3,549
offender pursuant to division (D)(1)(a) of this section for 3,550
having a firearm on or about the offender's person or under the
offender's control while committing a felony or, if a mandatory 3,552
prison term is imposed upon an offender pursuant to division 3,554
(D)(1)(b)(d) of this section for committing a felony specified in 3,555
that division by discharging a firearm from a motor vehicle, OR 3,556
IF BOTH TYPES OF MANDATORY PRISON TERMS ARE IMPOSED, the offender 3,557
shall serve the ANY mandatory prison term IMPOSED UNDER EITHER 3,559
DIVISION CONSECUTIVELY TO ANY OTHER MANDATORY PRISON TERM IMPOSED 3,560
UNDER EITHER DIVISION AND SHALL SERVE ALL MANDATORY PRISON TERMS 3,561
IMPOSED UNDER THOSE DIVISIONS consecutively to and prior to the 3,562
ANY prison term imposed for the underlying felony pursuant to 3,563
division (A), (D)(2), or (D)(3) of this section or any other 3,564
section of the Revised Code and consecutively to any other prison 3,565
term or mandatory prison term previously or subsequently imposed 3,567
upon the offender. 3,568
(2) If an offender who is an inmate in a jail, prison, or 3,571
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 3,573
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 3,574
offender who is an inmate in a jail, prison, or other residential 3,575
detention facility or is under detention at a detention facility 3,576
commits another felony while the offender is an escapee in 3,578
violation of section 2921.34 of the Revised Code, any prison term 3,580
imposed upon the offender for one of those violations shall be 3,581
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 3,583
committed that offense and to any other prison term previously or 3,584
81
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 3,585
meanings as in section 2921.01 of the Revised Code. 3,586
(3) If a prison term is imposed for a violation of 3,588
division (B) of section 2911.01 of the Revised Code, the offender 3,590
shall serve that prison term consecutively to any other prison 3,591
term.
(4) If multiple prison terms are imposed on an offender 3,593
for convictions of multiple offenses, the court may require the 3,594
offender to serve the prison terms consecutively if the court 3,595
finds that the consecutive service is necessary to protect the 3,596
public from future crime or to punish the offender and that 3,597
consecutive sentences are not disproportionate to the seriousness 3,598
of the offender's conduct and to the danger the offender poses to 3,600
the public, and if the court also finds any of the following: 3,601
(a) The offender committed the multiple offenses while the 3,604
offender was awaiting trial or sentencing, was under a sanction 3,605
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 3,606
Revised Code, or was under post-release control for a prior 3,607
offense.
(b) The harm caused by the multiple offenses was so great 3,610
or unusual that no single prison term for any of the offenses 3,611
committed as part of a single course of conduct adequately 3,612
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 3,614
demonstrates that consecutive sentences are necessary to protect 3,615
the public from future crime by the offender. 3,616
(5) When consecutive prison terms are imposed pursuant to 3,619
division (E)(1), (2), (3), or (4) of this section, the term to be 3,620
served is the aggregate of all of the terms so imposed. 3,621
(F) If a court imposes a prison term of a type described 3,624
in division (B) of section 2967.28 of the Revised Code, it shall 3,625
include in the sentence a requirement that the offender be 3,626
subject to a period of post-release control after the offender's 3,627
82
release from imprisonment, in accordance with that division. If 3,628
a court imposes a prison term of a type described in division (C) 3,629
of that section, it shall include in the sentence a requirement 3,630
that the offender be subject to a period of post-release control 3,631
after the offender's release from imprisonment, in accordance 3,632
with that division, if the parole board determines that a period 3,633
of post-release control is necessary. 3,634
(G) If a person is convicted of or pleads guilty to a 3,636
sexually violent offense and also is convicted of or pleads 3,637
guilty to a sexually violent predator specification that was 3,638
included in the indictment, count in the indictment, or 3,639
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 3,640
the Revised Code, and Chapter 2971. of the Revised Code applies 3,641
regarding the prison term or term of life imprisonment without 3,642
parole imposed upon the offender and the service of that term of 3,643
imprisonment.
(H) If a person who has been convicted of or pleaded 3,645
guilty to a felony is sentenced to a prison term or term of 3,646
imprisonment under this section, sections 2929.02 to 2929.06 of 3,647
the Revised Code, section 2971.03 of the Revised Code, or any 3,648
other provision of law, section 5120.163 of the Revised Code 3,649
applies regarding the person while the person is confined in a
state correctional institution. 3,650
(I) If an offender who is convicted of or pleads guilty to 3,652
a felony that is an offense of violence also is convicted of or 3,654
pleads guilty to a specification of the type described in section 3,655
2941.142 of the Revised Code that charges the offender with 3,656
having committed the felony while participating in a criminal 3,657
gang, the court shall impose upon the offender an additional 3,659
prison term of one, two, or three years.
(J) AT THE TIME OF SENTENCING, THE COURT SHALL DETERMINE 3,661
IF AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK 3,662
INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE OR IS 3,663
83
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER 3,664
SECTION 5120.032 OF THE REVISED CODE. THE COURT MAY RECOMMEND
THE OFFENDER FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION, 3,665
IF ELIGIBLE, OR FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON, IF 3,666
ELIGIBLE, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM OF 3,667
SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, REGARDLESS 3,668
OF ELIGIBILITY, OR MAKE NO RECOMMENDATION ON PLACEMENT OF THE 3,669
OFFENDER.
IF THE COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A 3,671
PROGRAM OR PRISON OF THAT NATURE, THE DEPARTMENT OF 3,672
REHABILITATION AND CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY 3,673
PROGRAM OF SHOCK INCARCERATION OR INTENSIVE PROGRAM PRISON. 3,674
IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A 3,676
PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, 3,677
THE DEPARTMENT SHALL NOTIFY THE COURT IF THE OFFENDER IS 3,678
SUBSEQUENTLY PLACED IN THE RECOMMENDED PROGRAM OR PRISON AND 3,679
SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF THE
PLACEMENT.
IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A 3,681
PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON 3,682
AND THE DEPARTMENT DOES NOT SUBSEQUENTLY PLACE THE OFFENDER IN 3,683
THE RECOMMENDED PROGRAM OR PRISON, THE DEPARTMENT SHALL SEND A 3,684
NOTICE TO THE COURT INDICATING WHY THE OFFENDER WAS NOT PLACED IN 3,685
THE RECOMMENDED PROGRAM OR PRISON.
IF THE COURT DOES NOT MAKE A RECOMMENDATION UNDER THIS 3,687
DIVISION WITH RESPECT TO AN ELIGIBLE OFFENDER, THE DEPARTMENT 3,688
SHALL SCREEN THE OFFENDER AND DETERMINE IF THERE IS AN AVAILABLE 3,689
PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR 3,690
WHICH THE OFFENDER IS SUITED. IF THERE IS AN AVAILABLE PROGRAM 3,691
OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR WHICH 3,692
THE OFFENDER IS SUITED, THE DEPARTMENT SHALL NOTIFY THE COURT OF
THE PROPOSED PLACEMENT OF THE OFFENDER AND SHALL INCLUDE WITH THE 3,693
NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT. THE COURT SHALL 3,694
HAVE TEN DAYS FROM RECEIPT OF THE NOTICE TO DISAPPROVE THE 3,695
84
PLACEMENT.
Sec. 2929.15. (A)(1) If in sentencing an offender for a 3,705
felony the court is not required to impose a prison term, a 3,706
mandatory prison term, or a term of life imprisonment upon the 3,707
offender, the court may directly impose a sentence community 3,708
control that consists of one or more community control sanctions 3,709
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 3,710
the Revised Code. If the court is sentencing an offender for a 3,711
fourth degree felony OMVI offense and if it is required to impose 3,712
on the offender a mandatory term of local incarceration pursuant 3,713
to division (G)(1) of section 2929.13 of the Revised Code, in 3,714
addition to the mandatory term of local incarceration and the 3,715
mandatory fine required by division (B)(3) of section 2929.18 of 3,717
the Revised Code, the court may impose upon the offender a
community control sanction or combination of community control 3,718
sanctions in accordance with sections 2929.16 and 2929.17 of the 3,719
Revised Code. The duration of all community control sanctions so 3,721
imposed imposed upon an offender shall not exceed five years. IF 3,723
THE OFFENDER ABSCONDS OR OTHERWISE LEAVES THE JURISDICTION OF THE
COURT IN WHICH THE OFFENDER RESIDES WITHOUT OBTAINING PERMISSION 3,724
FROM THE COURT OR THE OFFENDER'S PROBATION OFFICER TO LEAVE THE 3,725
JURISDICTION OF THE COURT, OR IF THE OFFENDER IS CONFINED IN ANY 3,726
INSTITUTION FOR THE COMMISSION OF ANY OFFENSE WHILE UNDER A 3,727
COMMUNITY CONTROL SANCTION, THE PERIOD OF THE COMMUNITY CONTROL
SANCTION CEASES TO RUN UNTIL THE OFFENDER IS BROUGHT BEFORE THE 3,728
COURT FOR ITS FURTHER ACTION. If the court sentences the 3,730
offender to one or more nonresidential sanctions under section 3,731
2929.17 of the Revised Code, the court shall comply with division 3,732
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 3,733
mandatory AS A condition described in that division OF THE 3,735
NONRESIDENTIAL SANCTIONS THAT, DURING THE PERIOD OF THE
SANCTIONS, THE OFFENDER MUST ABIDE BY THE LAW AND MUST NOT LEAVE 3,736
THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 3,737
PROBATION OFFICER. The court may impose any other conditions of 3,739
85
release under a community control sanction that the court
considers appropriate. If the court is sentencing an offender 3,741
for a fourth degree felony OMVI offense and if it is required to 3,742
impose on the offender a mandatory prison term pursuant to 3,743
division (G)(2) of section 2929.13 of the Revised Code, the court 3,745
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 3,746
2929.16 or 2929.17 of the Revised Code. 3,747
(2)(a) If a court sentences an offender to any community 3,749
control sanction or combination of community control sanctions 3,750
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 3,751
the Revised Code, the court shall place the offender under the 3,752
general control and supervision of a department of probation in 3,753
the county that serves the court for purposes of reporting to the 3,754
court a violation of any CONDITION of the sanctions or the 3,755
mandatory condition imposed under division (C)(1)(b) of section 3,757
2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE 3,758
OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE 3,759
COURT OR THE OFFENDER'S PROBATION OFFICER. Alternatively, if the 3,761
offender resides in another county and a county department of
probation has been established in that county or that county is 3,763
served by a multicounty probation department established under 3,764
section 2301.27 of the Revised Code, the court may request the 3,765
court of common pleas of that county to receive the offender into 3,766
the general control and supervision of that county or multicounty 3,768
department of probation for purposes of reporting to the court a 3,769
violation of any CONDITION of the sanctions, or the mandatory 3,770
condition imposed under division (C)(1)(b) of section 2951.02 of 3,771
the Revised Code A VIOLATION OF LAW, OR THE DEPARTURE OF THE 3,772
OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE COURT OR 3,773
THE OFFENDER'S PROBATION OFFICER, subject to the jurisdiction of
the trial judge over and with respect to the person of the 3,776
offender, and to the rules governing that department of 3,777
probation.
86
If there is no department of probation in the county that 3,780
serves the court, the court shall place the offender, regardless 3,781
of the offender's county of residence, under the general control 3,782
and supervision of the adult parole authority for purposes of 3,783
reporting to the court a violation of any of the sanctions or the 3,784
mandatory condition imposed under division (C)(1)(b) of section 3,785
2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE 3,786
OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE 3,787
COURT OR THE OFFENDER'S PROBATION OFFICER. 3,788
(b) If the court imposing sentence upon an offender 3,790
sentences the offender to any community control sanction or 3,791
combination of community control sanctions authorized pursuant to 3,793
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 3,794
the offender violates any CONDITION of the sanctions or the 3,795
mandatory condition imposed under division (C)(1)(b) of section 3,797
2951.02 of the Revised Code, VIOLATES ANY LAW, OR DEPARTS THE 3,798
STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 3,799
PROBATION OFFICER, the public or private person or entity that 3,801
operates or administers the sanction or the program or activity 3,802
that comprises the sanction shall report the violation OR 3,803
DEPARTURE directly to the sentencing court, or shall report the 3,804
violation OR DEPARTURE to the county or multicounty department of 3,805
probation with general control and supervision over the offender 3,807
under division (A)(2)(a) of this section or the officer of that 3,808
department who supervises the offender, or, if there is no such 3,809
department with general control and supervision over the offender 3,810
under that division, to the adult parole authority. If the 3,811
public or private person or entity that operates or administers 3,812
the sanction or the program or activity that comprises the 3,813
sanction reports the violation OR DEPARTURE to the county or 3,814
multicounty department of probation or the adult parole 3,816
authority, the department's or authority's officers may treat the 3,817
offender as if the offender were on probation and in violation of 3,818
the probation, and shall report the violation of the CONDITION OF 3,819
87
THE sanction or the mandatory condition imposed under division 3,820
(C)(1)(b) of section 2951.02 of the Revised Code, THE VIOLATION 3,821
OF LAW, OR THE DEPARTURE FROM THE STATE WITHOUT THE REQUIRED 3,822
PERMISSION to the sentencing court. 3,823
(B) If the conditions of a community control sanction or 3,826
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is ARE violated OR IF THE 3,827
OFFENDER VIOLATES A LAW OR LEAVES THE STATE WITHOUT THE 3,828
PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION OFFICER, the 3,829
sentencing court may impose a longer time under the same sanction 3,830
if the total time under the sanctions does not exceed the 3,831
five-year limit specified in division (A) of this section, may 3,832
impose a more restrictive sanction under section 2929.16, 3,833
2929.17, or 2929.18 of the Revised Code, or may impose a prison 3,834
term on the offender pursuant to section 2929.14 of the Revised 3,835
Code. The court shall not eliminate the mandatory condition 3,836
imposed under division (C)(1)(b) of section 2951.02 of the
Revised Code. The prison term, if any, imposed upon a violator 3,838
pursuant to this division shall be within the range of prison 3,839
terms available for the offense for which the sanction that was 3,840
violated was imposed and shall not exceed the prison term 3,841
specified in the notice provided to the offender at the 3,842
sentencing hearing pursuant to division (B)(3) of section 2929.19 3,843
of the Revised Code. The court may reduce the longer period of 3,844
time that the offender is required to spend under the longer 3,845
sanction, the more restrictive sanction, or a prison term imposed 3,846
pursuant to this division by the time the offender successfully 3,847
spent under the sanction that was initially imposed. 3,848
(C) If an offender, for a significant period of time, 3,851
fulfills the conditions of a sanction imposed pursuant to section 3,852
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 3,853
manner, the court may reduce the period of time under the 3,854
sanction or impose a less restrictive sanction, but the court 3,855
shall not eliminate the mandatory condition imposed under 3,856
88
division (C)(1)(b) of section 2951.02 of the Revised Code PERMIT
THE OFFENDER TO VIOLATE ANY LAW OR PERMIT THE OFFENDER TO LEAVE 3,857
THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 3,858
PROBATION OFFICER.
Sec. 2929.17. The court imposing a sentence for a felony 3,868
upon an offender who is not required to serve a mandatory prison 3,869
term may impose any nonresidential sanction or combination of 3,870
nonresidential sanctions authorized under this section. If the 3,871
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 3,872
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 3,873
mandatory AS A condition described in that division. The OF THE 3,875
SANCTION THAT, DURING THE PERIOD OF THE NONRESIDENTIAL SANCTION, 3,876
THE OFFENDER SHALL ABIDE BY THE LAW AND SHALL NOT LEAVE THE STATE 3,877
WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION 3,878
OFFICER.
THE court imposing a sentence for a fourth degree felony 3,880
OMVI offense upon an offender who is required to serve a 3,882
mandatory term of local incarceration under division (G)(1) of 3,883
section 2929.13 of the Revised Code may impose upon the offender,
in addition to the mandatory term of local incarceration, a 3,884
nonresidential sanction or combination of nonresidential 3,885
sanctions under this section, and the offender shall serve or 3,886
satisfy the sanction or combination of sanctions after the 3,887
offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but 3,888
are not limited to, the following: 3,889
(A) A term of day reporting; 3,891
(B) A term of electronically monitored house arrest, a 3,893
term of electronic monitoring without house arrest, or a term of 3,894
house arrest without electronic monitoring; 3,895
(C) A term of community service of up to five hundred 3,897
hours pursuant to division (F) of section 2951.02 of the Revised 3,899
Code or, if the court determines that the offender is financially 3,900
89
incapable of fulfilling a financial sanction described in section 3,901
2929.18 of the Revised Code, a term of community service as an 3,902
alternative to a financial sanction; 3,903
(D) A term in a drug treatment program with a level of 3,905
security for the offender as determined necessary by the court; 3,906
(E) A term of intensive supervision; 3,908
(F) A term of basic supervision; 3,910
(G) A term of monitored time; 3,912
(H) A term of drug and alcohol use monitoring; 3,914
(I) A curfew term; 3,916
(J) A requirement that the offender obtain employment; 3,918
(K) A requirement that the offender obtain education or 3,921
training;
(L) Provided the court obtains the prior approval of the 3,923
victim, a requirement that the offender participate in 3,924
victim-offender mediation; 3,925
(M) A license violation report. 3,927
Sec. 2929.18. (A) Except as otherwise provided in this 3,936
division and in addition to imposing court costs pursuant to 3,937
section 2947.23 of the Revised Code, the court imposing a 3,938
sentence upon an offender for a felony may sentence the offender 3,939
to any financial sanction or combination of financial sanctions 3,941
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 3,942
offender a fine in accordance with that section. If the offender 3,943
is sentenced to a sanction of confinement pursuant to section 3,944
2929.14 or 2929.16 of the Revised Code that is to be served in a 3,945
facility operated by a board of county commissioners, a 3,946
legislative authority of a municipal corporation, or another 3,947
governmental entity, the court imposing sentence upon an offender 3,948
for a felony shall comply with division (A)(4)(b) of this section 3,949
in determining whether to sentence the offender to a financial 3,950
sanction described in division (A)(4)(a) of this section. 3,951
Financial sanctions that may be imposed pursuant to this section 3,952
90
include, but are not limited to, the following: 3,953
(1) Restitution by the offender to the victim of the 3,955
offender's crime or any survivor of the victim, in an amount 3,956
based on the victim's economic loss. The court shall order that 3,957
the restitution be made to the adult probation department that 3,958
serves the county on behalf of the victim, to the clerk of 3,959
courts, or to another agency designated by the court, except that 3,960
it may include a requirement that reimbursement be made to third 3,961
parties for amounts paid to or on behalf of the victim or any 3,962
survivor of the victim for economic loss resulting from the 3,963
offense. If reimbursement to third parties is required, the 3,964
reimbursement shall be made to any governmental agency to repay 3,965
any amounts paid by the agency to or on behalf of the victim or 3,966
any survivor of the victim for economic loss resulting from the 3,967
offense before any reimbursement is made to any person other than 3,968
a governmental agency. If no governmental agency incurred 3,969
expenses for economic loss of the victim or any survivor of the 3,970
victim resulting from the offense, the reimbursement shall be 3,971
made to any person other than a governmental agency to repay 3,972
amounts paid by that person to or on behalf of the victim or any 3,973
survivor of the victim for economic loss of the victim resulting 3,975
from the offense. The court shall not require an offender to 3,976
repay an insurance company for any amounts the company paid on 3,977
behalf of the offender pursuant to a policy of insurance. At 3,978
sentencing, the court shall determine the amount of restitution 3,980
to be made by the offender. All restitution payments shall be 3,981
credited against any recovery of economic loss in a civil action 3,982
brought by the victim or any survivor of the victim against the 3,983
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 3,985
this section, a fine payable by the offender to the state, to a 3,986
political subdivision, or as described in division (B)(2) of this 3,988
section to one or more law enforcement agencies, with the amount 3,989
of the fine based on a standard percentage of the offender's 3,990
91
daily income over a period of time determined by the court and 3,991
based upon the seriousness of the offense. A fine ordered under 3,992
this division shall not exceed the statutory fine amount 3,993
authorized for the level of the offense under division (A)(3) of 3,994
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 3,996
this section, a fine payable by the offender to the state, to a 3,997
political subdivision when appropriate for a felony, or as 3,998
described in division (B)(2) of this section to one or more law 4,000
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 4,003
thousand dollars;
(b) For a felony of the second degree, not more than 4,006
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 4,009
thousand dollars;
(d) For a felony of the fourth degree, not more than five 4,012
thousand dollars;
(e) For a felony of the fifth degree, not more than two 4,015
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 4,018
reimbursement by the offender of any or all of the costs of 4,020
sanctions incurred by the government, including the following: 4,021
(i) All or part of the costs of implementing any community 4,024
control sanction;
(ii) All or part of the costs of confinement under a 4,027
sanction imposed pursuant to section 2929.14 or 2929.16 of the 4,028
Revised Code, provided that the amount of reimbursement ordered 4,029
under this division shall not exceed THE LESSER OF ten thousand 4,031
dollars or the total amount of reimbursement the offender is able 4,032
to pay as determined at a hearing, whichever amount is greater; 4,033
(b) If the offender is sentenced to a sanction of 4,035
confinement pursuant to section 2929.14 or 2929.16 of the Revised 4,036
Code that is to be served in a facility operated by a board of 4,038
92
county commissioners, a legislative authority of a municipal 4,039
corporation, or another local governmental entity, one of the
following applies: 4,040
(i) If, pursuant to section 307.93, 341.14, 341.19, 4,042
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 4,043
Revised Code, the board, legislative authority, or other local 4,044
governmental entity requires prisoners convicted of an offense 4,045
other than a minor misdemeanor to reimburse the county, municipal 4,046
corporation, or other entity for its expenses incurred by reason 4,047
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 4,048
the offender to reimburse the county, municipal corporation, or 4,049
other local governmental entity for the cost of the confinement. 4,050
In addition, the court may impose any other financial sanction 4,051
under this section.
(ii) If, pursuant to any section identified in division 4,053
(A)(4)(b)(i) of this section, the board, legislative authority, 4,055
or other local governmental entity has adopted a resolution or 4,057
ordinance specifying that prisoners convicted of felonies are not 4,058
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 4,060
the prisoner's confinement, the court shall not impose a 4,061
financial sanction under division (A)(4)(a) of this section that 4,062
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 4,063
the confinement, but the court may impose any other financial 4,065
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 4,067
of this section applies, the court may impose, but is not 4,068
required to impose, any financial sanction under this section. 4,069
(c) Reimbursement by the offender for costs pursuant to 4,072
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 4,075
violation of any provision of Chapter 2925., 3719., or 4729. of 4,076
93
the Revised Code, the sentencing court shall impose upon the 4,077
offender a mandatory fine of at least one-half of, but not more 4,078
than, the maximum statutory fine amount authorized for the level 4,079
of the offense pursuant to division (A)(3) of this section. If 4,080
an offender alleges in an affidavit filed with the court prior to 4,082
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 4,083
indigent person and is unable to pay the mandatory fine described 4,084
in this division, the court shall not impose the mandatory fine 4,085
upon the offender.
(2) Any mandatory fine imposed upon an offender under 4,087
division (B)(1) of this section and any fine imposed upon an 4,089
offender under division (A)(2) or (3) of this section for any 4,090
fourth or fifth degree felony violation of any provision of 4,091
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 4,092
to law enforcement agencies pursuant to division (F) of section 4,093
2925.03 of the Revised Code. 4,094
(3) For a fourth degree felony OMVI offense, the 4,098
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 4,100
the Revised Code. The mandatory fine so imposed shall be 4,101
disbursed as provided in division (A)(4) of section 4511.99 of 4,103
the Revised Code. 4,104
(4) Notwithstanding any fine otherwise authorized or 4,107
required to be imposed under division (A)(2) or (3) or (B)(1) of 4,108
this section or section 2929.31 of the Revised Code for a 4,109
violation of section 2925.03 or 2925.07 of the Revised Code, in 4,110
addition to any penalty or sanction imposed for that offense 4,111
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 4,112
of the Revised Code and in addition to the forfeiture of property 4,114
in connection with the offense as prescribed in sections 2925.42 4,115
to 2925.45 of the Revised Code, the court that sentences an 4,117
offender for a violation of section 2925.03 or 2925.07 of the 4,118
Revised Code may impose upon the offender a fine in addition to 4,119
94
any fine imposed under division (A)(2) or (3) of this section and 4,121
in addition to any mandatory fine imposed under division (B)(1) 4,122
of this section. The fine imposed under division (B)(4) of this 4,123
section shall be used as provided in division (H) of section 4,124
2925.03 of the Revised Code. A fine imposed under division 4,125
(B)(4) of this section shall not exceed whichever of the 4,126
following is applicable:
(a) The total value of any personal or real property in 4,129
which the offender has an interest and that was used in the 4,130
course of, intended for use in the course of, derived from, or 4,131
realized through conduct in violation of section 2925.03 or 4,132
2925.07 of the Revised Code, including any property that 4,133
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 4,136
type described in division (B)(4)(a) of this section or if it is 4,137
not possible to ascertain whether the offender has an interest in 4,139
any property of that type in which the offender may have an 4,140
interest, the amount of the mandatory fine for the offense 4,141
imposed under division (B)(1) of this section or, if no mandatory 4,142
fine is imposed under division (B)(1) of this section, the amount 4,143
of the fine authorized for the level of the offense imposed under 4,145
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 4,148
section, the court shall determine whether the offender has an 4,149
interest in any property of the type described in division 4,150
(B)(4)(a) of this section. Except as provided in division (B)(6) 4,152
or (7) of this section, a fine that is authorized and imposed 4,153
under division (B)(4) of this section does not limit or affect 4,155
the imposition of the penalties and sanctions for a violation of 4,156
section 2925.03 or 2925.07 of the Revised Code prescribed under
those sections or sections 2929.11 to 2929.18 of the Revised Code 4,159
and does not limit or affect a forfeiture of property in 4,160
connection with the offense as prescribed in sections 2925.42 to 4,161
2925.45 of the Revised Code. 4,162
95
(6) If the sum total of a mandatory fine amount imposed 4,164
for a first, second, or third degree felony violation of section 4,165
2925.03 or a third degree felony violation of section 2925.07 of 4,167
the Revised Code under division (B)(1) of this section plus the 4,168
amount of any fine imposed under division (B)(4) of this section 4,170
does not exceed the maximum statutory fine amount authorized for 4,171
the level of the offense under division (A)(3) of this section or 4,172
section 2929.31 of the Revised Code, the court may impose a fine 4,174
for the offense in addition to the mandatory fine and the fine 4,175
imposed under division (B)(4) of this section. The sum total of 4,176
the amounts of the mandatory fine, the fine imposed under 4,177
division (B)(4) of this section, and the additional fine imposed 4,178
under division (B)(6) of this section shall not exceed the 4,180
maximum statutory fine amount authorized for the level of the 4,181
offense under division (A)(3) of this section or section 2929.31 4,182
of the Revised Code. The clerk of the court shall pay any fine 4,183
that is imposed under division (B)(6) of this section to the 4,184
county, township, municipal corporation, park district as created 4,186
pursuant to section 511.18 or 1545.04 of the Revised Code, or 4,187
state law enforcement agencies in this state that primarily were 4,188
responsible for or involved in making the arrest of, and in 4,189
prosecuting, the offender pursuant to division (F) of section 4,190
2925.03 of the Revised Code. 4,191
(7) If the sum total of the amount of a mandatory fine 4,193
imposed for a first, second, or third degree felony violation of 4,194
section 2925.03 or a third degree felony violation of section 4,195
2925.07 of the Revised Code plus the amount of any fine imposed 4,197
under division (B)(4) of this section exceeds the maximum 4,198
statutory fine amount authorized for the level of the offense 4,199
under division (A)(3) of this section or section 2929.31 of the 4,200
Revised Code, the court shall not impose a fine under division 4,201
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 4,204
the offender pursuant to division (A)(4)(a) of this section to 4,206
96
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 4,208
confine offenders pursuant to sanctions imposed under section 4,209
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 4,210
The treasurer of state shall deposit the reimbursements in the 4,211
confinement cost reimbursement fund that is hereby created in the 4,212
state treasury. The department of rehabilitation and correction 4,213
shall use the amounts deposited in the fund to fund the operation 4,214
of facilities used to confine offenders pursuant to sections 4,215
2929.14 and 2929.16 of the Revised Code. 4,216
(2) Except as provided in section 2951.021 of the Revised 4,218
Code, the offender shall pay reimbursements imposed upon the 4,219
offender pursuant to division (A)(4)(a) of this section to pay 4,221
the costs incurred by a county pursuant to any sanction imposed 4,222
under this section or section 2929.16 or 2929.17 of the Revised 4,223
Code or in operating a facility used to confine offenders 4,224
pursuant to a sanction imposed under section 2929.16 of the 4,225
Revised Code to the county treasurer. The county treasurer shall 4,226
deposit the reimbursements in the sanction cost reimbursement 4,227
fund that each board of county commissioners shall create in its 4,228
county treasury. The county shall use the amounts deposited in 4,229
the fund to pay the costs incurred by the county pursuant to any 4,230
sanction imposed under this section or section 2929.16 or 2929.17 4,231
of the Revised Code or in operating a facility used to confine 4,233
offenders pursuant to a sanction imposed under section 2929.16 of 4,234
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 4,236
Code, the offender shall pay reimbursements imposed upon the 4,237
offender pursuant to division (A)(4)(a) of this section to pay 4,239
the costs incurred by a municipal corporation pursuant to any 4,240
sanction imposed under this section or section 2929.16 or 2929.17 4,241
of the Revised Code or in operating a facility used to confine 4,242
offenders pursuant to a sanction imposed under section 2929.16 of 4,243
the Revised Code to the treasurer of the municipal corporation. 4,245
97
The treasurer shall deposit the reimbursements in a special fund 4,246
that shall be established in the treasury of each municipal 4,247
corporation. The municipal corporation shall use the amounts 4,248
deposited in the fund to pay the costs incurred by the municipal 4,249
corporation pursuant to any sanction imposed under this section 4,250
or section 2929.16 or 2929.17 of the Revised Code or in operating 4,251
a facility used to confine offenders pursuant to a sanction 4,252
imposed under section 2929.16 of the Revised Code. 4,253
(4) Except as provided in section 2951.021 of the Revised 4,255
Code, the offender shall pay reimbursements imposed pursuant to 4,256
division (A)(4)(a) of this section for the costs incurred by a 4,257
private provider pursuant to a sanction imposed under this 4,258
section or section 2929.16 or 2929.17 of the Revised Code to the 4,259
provider.
(D) A financial sanction imposed pursuant to division (A) 4,261
or (B) of this section is a judgment in favor of the state or a 4,262
political subdivision in which the court that imposed the 4,263
financial sanction is located, and the offender subject to the 4,264
sanction is the judgment debtor, except that a financial sanction 4,265
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 4,267
this section upon an offender who is incarcerated in a state 4,268
facility or a municipal jail is a judgment in favor of the state 4,269
or the municipal corporation, a financial sanction of 4,270
reimbursement imposed upon an offender pursuant to this section 4,271
for costs incurred by a private provider of sanctions is a 4,272
judgment in favor of the private provider, and a financial 4,273
sanction of restitution imposed pursuant to this section is a 4,274
judgment in favor of the victim of the offender's criminal act. 4,275
THE OFFENDER SUBJECT TO THE SANCTION IS THE JUDGMENT DEBTOR. 4,276
IMPOSITION OF A FINANCIAL SANCTION AND EXECUTION ON THE JUDGMENT 4,277
DOES NOT PRECLUDE ANY OTHER POWER OF THE COURT TO IMPOSE OR
ENFORCE SANCTIONS ON THE OFFENDER. Once the financial sanction 4,278
is imposed as a judgment, the victim, private provider, state, or 4,279
political subdivision may bring an action to do any of the 4,280
98
following:
(1) Obtain execution of the judgment through any available 4,283
procedure, including:
(a) An execution against the property of the judgment 4,286
debtor under Chapter 2329. of the Revised Code; 4,287
(b) An execution against the person of the judgment debtor 4,290
under Chapter 2331. of the Revised Code; 4,291
(c) A proceeding in aid of execution under Chapter 2333. 4,294
of the Revised Code, including: 4,295
(i) A proceeding for the examination of the judgment 4,298
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 4,299
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 4,302
judgment debtor under section 2333.28 of the Revised Code; 4,303
(iii) A creditor's suit under section 2333.01 of the 4,306
Revised Code.
(d) The attachment of the property of the judgment debtor 4,309
under Chapter 2715. of the Revised Code; 4,310
(e) The garnishment of the property of the judgment debtor 4,313
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 4,315
judgment debtor under section 1321.33 of the Revised Code. 4,317
(E) A court that imposes a financial sanction upon an 4,319
offender may hold a hearing if necessary to determine whether the 4,320
offender is able to pay the sanction or is likely in the future 4,321
to be able to pay it.
(F) Each court imposing a financial sanction upon an 4,324
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 4,326
enter into contracts with one or more public agencies or private 4,327
vendors for the collection of, amounts due under the financial 4,328
sanction imposed pursuant to this section or section 2929.25 of 4,329
the Revised Code. Before entering into a contract for the 4,330
collection of amounts due from an offender pursuant to any 4,331
99
financial sanction imposed pursuant to this section or section 4,332
2929.25 of the Revised Code, a court shall comply with sections 4,333
307.86 to 307.92 of the Revised Code. 4,334
(G) If a court that imposes a financial sanction under 4,337
division (A) or (B) of this section finds that an offender 4,338
satisfactorily has completed all other sanctions imposed upon the 4,339
offender and that all restitution that has been ordered has been 4,340
paid as ordered, the court may suspend any financial sanctions 4,341
imposed pursuant to this section or section 2929.25 of the 4,342
Revised Code that have not been paid. 4,343
(H) No financial sanction imposed under this section or 4,346
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 4,347
Sec. 2929.19. (A)(1) The court shall hold a sentencing 4,359
hearing before imposing a sentence under this chapter upon an 4,361
offender who was convicted of or pleaded guilty to a felony and 4,362
before resentencing an offender who was convicted of or pleaded 4,363
guilty to a felony and whose case was remanded pursuant to 4,364
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 4,365
the offender, the prosecuting attorney, the victim or the 4,366
victim's representative in accordance with section 2930.14 of the 4,367
Revised Code, and, with the approval of the court, any other 4,368
person may present information relevant to the imposition of 4,369
sentence in the case. The court shall inform the offender of the 4,370
verdict of the jury or finding of the court and ask the offender 4,371
whether the offender has anything to say as to why sentence 4,372
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 4,374
imposing sentence on an offender who is being sentenced for a 4,376
sexually oriented offense that was committed on or after the 4,377
effective date of this amendment JANUARY 1, 1997, and that is not 4,379
a sexually violent offense, and before imposing sentence on an 4,380
offender who is being sentenced for a sexually violent offense 4,381
committed on or after the effective date of this amendment 4,382
100
JANUARY 1, 1997, and who was not charged with a sexually violent 4,383
predator specification in the indictment, count in the 4,384
indictment, or information charging the sexually violent offense, 4,385
the court shall conduct a hearing in accordance with division (B) 4,386
of section 2950.09 of the Revised Code to determine whether the 4,388
offender is a sexual predator. The court shall not conduct a 4,389
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 4,390
specification was included in the indictment, count in the 4,392
indictment, or information charging the sexually violent offense. 4,393
Before imposing sentence on an offender who is being sentenced 4,394
for a sexually oriented offense, the court also shall comply with 4,395
division (E) of section 2950.09 of the Revised Code. 4,396
(B)(1) At the sentencing hearing, the court, before 4,399
imposing sentence, shall consider the record, any information 4,400
presented at the hearing by any person pursuant to division (A) 4,401
of this section, and, if one was prepared, the presentence 4,402
investigation report made pursuant to section 2951.03 of the 4,403
Revised Code or Criminal Rule 32.2, and any victim impact 4,404
statement made pursuant to section 2947.051 of the Revised Code. 4,406
(2) The court shall impose a sentence and shall make a 4,408
finding that gives its reasons for selecting the sentence imposed 4,410
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 4,412
which the court is required to impose sentence pursuant to 4,413
division (G) of section 2929.14 of the Revised Code, if it 4,414
imposes a prison term for a felony of the fourth or fifth degree 4,415
or for a felony drug offense that is a violation of a provision 4,416
of Chapter 2925. of the Revised Code and that is specified as 4,417
being subject to division (B) of section 2929.13 of the Revised 4,419
Code for purposes of sentencing and, if the term is not a 4,420
mandatory prison term imposed pursuant to division (G)(2) of 4,421
section 2929.13 of the Revised Code for a felony OMVI offense, 4,422
its reasons for imposing the prison term, based upon the 4,423
101
overriding purposes and principles of felony sentencing set forth 4,424
in section 2929.11 of the Revised Code, and any factors listed in 4,425
divisions (B)(1)(a) to (h)(i) of section 2929.13 of the Revised 4,426
Code that it found to apply relative to the offender. 4,427
(b) If it does not impose a prison term for a felony of 4,430
the first or second degree or for a felony drug offense that is a 4,431
violation of a provision of Chapter 2925. of the Revised Code and 4,433
for which a presumption in favor of a prison term is specified as 4,434
being applicable, its reasons for not imposing the prison term 4,435
and for overriding the presumption, based upon the overriding 4,436
purposes and principles of felony sentencing set forth in section 4,437
2929.11 of the Revised Code, and the basis of the findings it 4,438
made under divisions (D)(1) and (2) of section 2929.13 of the 4,440
Revised Code.
(c) If it imposes consecutive sentences under section 4,443
2929.14 of the Revised Code, its reasons for imposing the 4,444
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 4,446
prison term for the offense that is the maximum prison term 4,447
allowed for that offense by division (A) of section 2929.14 of 4,448
the Revised Code, its reasons for imposing the maximum prison 4,449
term;
(e) If the sentence is for two or more offenses arising 4,451
out of a single incident and it imposes a prison term for those 4,452
offenses that is the maximum prison term allowed for the offense 4,453
of the highest degree by division (A) of section 2929.14 of the 4,454
Revised Code, its reasons for imposing the maximum prison term. 4,455
(3) Subject to division (B)(4) of this section, if the 4,458
sentencing court determines at the sentencing hearing that a 4,459
prison term is necessary or required, the court shall do all of 4,460
the following:
(a) Impose a stated prison term; 4,462
(b) Notify the offender that, AS PART OF THE SENTENCE, the 4,465
parole board may extend the stated prison term if the offender 4,466
102
commits any criminal offense under the laws of this state or the 4,467
United States while serving the prison term, that the extension 4,468
will be done administratively as part of the offender's sentence 4,469
in accordance with section 2967.11 of the Revised Code and may be 4,470
for thirty, sixty, or ninety days for each violation, that all 4,471
extensions of any stated prison term for all violations during 4,472
the course of the term may not exceed FOR CERTAIN VIOLATIONS OF 4,473
PRISON RULES FOR UP TO one-half of the term's duration, and that 4,474
the sentence so imposed automatically includes any extension of 4,475
the stated prison term by the parole board; 4,477
(c) Subject to division (B)(4) of this section, NOTIFY THE 4,480
OFFENDER THAT THE OFFENDER WILL BE SUPERVISED UNDER SECTION 4,481
2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if
the offender is being sentenced for a felony of the first degree, 4,484
for a felony of the OR second degree, for a felony sex offense, 4,486
as defined in section 2967.28 of the Revised Code, or for a 4,487
felony of the third degree that is not a felony sex offense and 4,489
in the commission of which the offender caused or threatened to 4,491
cause physical harm to a person, notify the offender that a 4,493
period of post-release control pursuant to section 2967.28 of the 4,494
Revised Code will be imposed following the offender's release 4,495
from prison;
(d) Subject to division (B)(4) of this section, NOTIFY THE 4,498
OFFENDER THAT THE OFFENDER MAY BE SUPERVISED UNDER SECTION 4,499
2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if
the offender is being sentenced for a felony of the third, 4,501
fourth, or fifth degree that is not subject to division (B)(3)(c) 4,502
of this section, notify the offender that a period of
post-release control pursuant to section 2967.28 of the Revised 4,503
Code may be imposed following the offender's release from prison; 4,504
(e) Notify the offender that, if a period of post-release 4,507
control SUPERVISION is imposed following the offender's release 4,509
from prison, as described in division (B)(3)(c) or (d) of this 4,510
section, and if the offender violates a post-release control 4,511
103
sanction imposed as a component of the post-release control 4,512
including the mandatory condition described in division (A) of 4,513
section 2967.121 of the Revised Code, all of the following apply: 4,514
(i) The adult parole authority or the parole board may 4,517
impose a more restrictive post-release control sanction. 4,518
(ii) The parole board may increase the duration of the 4,521
post-release control subject to a specified maximum. 4,522
(iii) The more restrictive sanction that SUPERVISION, the 4,525
parole board may impose may consist of a prison term, provided 4,527
that the prison term cannot exceed nine months and the maximum 4,528
cumulative prison term so imposed for all violations during the 4,529
period of post-release control cannot exceed AS PART OF THE 4,530
SENTENCE, OF UP TO one-half of the stated prison term originally 4,531
imposed upon the offender. 4,532
(iv) If the violation of the sanction is a felony, the 4,535
offender may be prosecuted for the felony and, in addition to any 4,536
sentence it imposes on the offender for the new felony, the court 4,537
may impose a prison term, subject to a specified maximum, for the 4,538
violation.
(4) If the offender is being sentenced for a sexually 4,540
violent offense that the offender committed on or after the 4,541
effective date of this amendment JANUARY 1, 1997, and the 4,543
offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the 4,544
indictment, count in the indictment, or information charging the 4,545
sexually violent offense or if the offender is being sentenced 4,546
for a sexually oriented offense that the offender committed on or 4,547
after the effective date of this section JANUARY 1, 1997, and the 4,548
court imposing the sentence has determined pursuant to division 4,549
(B) of section 2950.09 of the Revised Code that the offender is a 4,551
sexual predator, the court shall include in the offender's 4,552
sentence a statement that the offender has been adjudicated as 4,553
being a sexual predator and shall comply with the requirements of 4,554
section 2950.03 of the Revised Code. Additionally, in the 4,555
104
circumstances described in division (G) of section 2929.14 of the 4,556
Revised Code, the court shall impose sentence on the offender as 4,557
described in that division.
(5) If the sentencing court determines at the sentencing 4,560
hearing that a community control sanction should be imposed and 4,561
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 4,562
The court shall notify the offender that, if the conditions of 4,563
the sanction are violated or the condition imposed under division 4,564
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 4,565
violated, IF THE OFFENDER COMMITS A VIOLATION OF ANY LAW, OR IF 4,566
THE OFFENDER LEAVES THIS STATE WITHOUT THE PERMISSION OF THE 4,567
COURT OR THE OFFENDER'S PROBATION OFFICER, the court may impose a 4,570
longer time under the same sanction, may impose a more 4,571
restrictive sanction, or may impose a prison term on the offender 4,572
and shall indicate the specific prison term that may be imposed 4,573
as a sanction for the violation, as selected by the court from 4,574
the range of prison terms for the offense pursuant to section 4,575
2929.14 of the Revised Code. 4,576
(6) Before imposing a financial sanction under section 4,578
2929.18 of the Revised Code or a fine under section 2929.25 of 4,579
the Revised Code, the court shall consider the offender's present 4,580
and future ability to pay the amount of the sanction or fine. 4,581
(C)(1) If the offender is being sentenced for a fourth 4,583
degree felony OMVI offense and if the court is required by 4,584
division (G)(1) of section 2929.13 of the Revised Code to impose 4,585
as a sanction a mandatory term of local incarceration, the court 4,586
shall impose the mandatory term of local incarceration in 4,587
accordance with that division, shall impose a mandatory fine in 4,588
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 4,589
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 4,590
the Revised Code. The court shall not impose a prison term on 4,591
the offender.
105
(2) If the offender is being sentenced for a fourth degree 4,593
felony OMVI offense and if the court is required by division 4,594
(G)(2) of section 2929.13 of the Revised Code to impose as a 4,595
sanction a mandatory prison term, the court shall impose the 4,596
mandatory prison term in accordance with that division, shall 4,597
impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose 4,598
an additional prison term as specified in section 2929.14 of the 4,599
Revised Code. The court shall not impose any community control 4,600
sanction on the offender.
(D) IF THE SENTENCING COURT DETERMINES AT THE SENTENCING 4,602
HEARING THAT AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM 4,603
OF SHOCK INCARCERATION UNDER SECTION 5120.031 OF THE REVISED 4,604
CODE, THE COURT, PURSUANT TO DIVISION (J) OF SECTION 2929.14 OF 4,605
THE REVISED CODE, MAY RECOMMEND PLACEMENT OF THE OFFENDER IN A
PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON, 4,606
DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM OR PRISON OF 4,607
THAT NATURE, OR MAKE NO RECOMMENDATION. THE COURT SHALL MAKE A 4,608
FINDING THAT GIVES ITS REASONS FOR ITS RECOMMENDATION OR 4,609
DISAPPROVAL.
Sec. 2929.20. (A)(1) As used in this section, "eligible 4,619
offender" means any PERSON SERVING A STATED PRISON TERM OF TEN
YEARS OR LESS WHEN EITHER of the following APPLIES: 4,620
(a) A person who has been convicted of or pleaded guilty 4,623
to a felony, who is serving a (1) THE stated prison term of ten 4,625
years or less, and who is not serving DOES NOT INCLUDE a 4,626
mandatory prison term; 4,627
(b) A. 4,629
(2) THE STATED PRISON TERM INCLUDES A MANDATORY PRISON 4,632
TERM, AND THE person who has been convicted of or pleaded guilty 4,633
to a felony, who was sentenced to a mandatory prison term and 4,634
another prison term of ten years or less, and who has served the 4,635
mandatory prison term; 4,636
(c) A person who has been convicted of or pleaded guilty 4,639
106
to a felony, who was sentenced to a mandatory prison term
pursuant to division (D)(1) of section 2929.14 of the Revised 4,641
Code and another prison term of ten years or less, who is 4,643
required by division (E)(1) of section 2929.14 of the Revised 4,645
Code to serve the mandatory prison term and the other prison term 4,647
consecutively, and who has served the mandatory prison term. 4,648
(2) "Eligible offender" does not include any of the 4,650
following: 4,651
(a) A person who has been convicted of or pleaded guilty 4,653
to a felony, who was sentenced to a mandatory prison term 4,654
pursuant to division (D)(2) or (3) of section 2929.14 of the 4,655
Revised Code and another prison term of ten years or less, and 4,656
who is required by division (E)(2), (3), or, (4) of section 4,657
2929.14 of the Revised Code to serve the mandatory prison term 4,661
and the other prison term consecutively, whether or not the
person has served the mandatory prison term. 4,662
(b) A person who has been convicted of or pleaded guilty 4,665
to a felony, who was sentenced to a mandatory prison term 4,666
pursuant to divisions (D)(1) and (2), or division (D)(3) of 4,667
section 2929.14 of the Revised Code and another prison term of 4,669
ten years or less, and who is required by division (E)(1), (2), 4,671
(3), or (4) of section 2929.14 of the Revised Code to serve any 4,673
of the mandatory prison terms and the other prison term 4,674
consecutively, whether or not the person has served the mandatory 4,675
prison terms. 4,676
(B) Upon the filing of a motion by the eligible offender 4,679
or upon its own motion, a sentencing court may reduce the 4,680
offender's stated prison term through a judicial release in 4,681
accordance with this section. THE COURT SHALL NOT REDUCE THE
STATED PRISON TERM OF AN OFFENDER WHO IS NOT AN ELIGIBLE 4,682
OFFENDER. An eligible offender may file a motion for judicial 4,685
release with the sentencing court within the following applicable 4,686
period of time:
(1) If (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 4,689
107
(B)(1)(b) OR (c) OF THIS SECTION, IF the stated prison term was 4,691
imposed for a felony of the fourth or fifth degree, the eligible 4,692
offender shall MAY file the motion not earlier than thirty days 4,694
or later than ninety days after the offender is delivered to a
state correctional institution. 4,695
(b) IF THE STATED PRISON TERM IS FIVE YEARS AND IS AN 4,697
AGGREGATE OF STATED PRISON TERMS THAT ARE BEING SERVED 4,698
CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY COMBINATION OF 4,699
FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE FIFTH DEGREE, 4,700
THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE
OFFENDER HAS SERVED FOUR YEARS OF THE STATED PRISON TERM. 4,701
(c) IF THE STATED PRISON TERM IS MORE THAN FIVE YEARS AND 4,703
LESS THAN TEN YEARS AND IS AN AGGREGATE OF STATED PRISON TERMS 4,704
THAT ARE BEING SERVED CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY 4,706
COMBINATION OF FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE 4,707
FIFTH DEGREE, THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE 4,708
ELIGIBLE OFFENDER HAS SERVED FIVE YEARS OF THE STATED PRISON 4,709
TERM.
(2) Except as otherwise provided in division (B)(3) OR (4) 4,711
of this section, if the stated prison term was imposed for a 4,713
felony of the first, second, or third degree, the eligible 4,714
offender shall MAY file the motion not earlier than one hundred 4,716
eighty days after the offender is delivered to a state
correctional institution. 4,717
(3) IF THE STATED PRISON TERM IS FIVE YEARS, THE ELIGIBLE 4,719
OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE OFFENDER HAS 4,720
SERVED FOUR YEARS OF THE STATED PRISON TERM. 4,721
(4) If the stated prison term is MORE THAN five years or 4,723
more and less than ten years, the eligible offender shall MAY 4,726
file the motion after the eligible offender has served five years 4,728
of the stated prison term.
(4)(5) If the offender was sentenced to OFFENDER'S STATED 4,731
PRISON TERM INCLUDES a mandatory prison term pursuant to division 4,732
(D)(1) of section 2929.14 of the Revised Code and a consecutive 4,734
108
prison term other than a mandatory prison term that is ten years 4,736
or less, the offender shall file the motion within the time 4,737
authorized under division (B)(1), (2), or (3), OR (4) of this 4,738
section for the felony for which NONMANDATORY PORTION OF the 4,740
prison term other than the mandatory prison term was imposed, but 4,741
the time for filing the motion does not begin to run until after 4,742
the expiration of the mandatory PORTION OF THE prison term. 4,743
(C) Upon receipt of a timely motion for judicial release 4,746
filed by an eligible offender under division (B) of this section 4,747
or upon the sentencing court's own motion made within the 4,748
appropriate time period specified in that division, the court may 4,749
schedule a hearing on the motion. The court may deny the motion 4,750
without a hearing but shall not grant the motion in any case 4,751
without a hearing. If a court denies A MOTION without a hearing 4,752
a motion filed by an eligible offender or on its own motion that 4,754
relates to an eligible offender, the court may consider a 4,755
subsequent judicial release for that eligible offender on its own 4,756
motion or a subsequent motion for judicial release filed by that 4,758
eligible offender. If a court denies A MOTION after a hearing a 4,759
motion filed by an eligible offender or its own motion that 4,762
relates to an eligible offender, the court shall not consider a 4,763
subsequent motion for that eligible offender. The court shall
hold only one hearing for any eligible offender. 4,764
A hearing under this section shall be conducted in open 4,766
court within sixty days after the date on which the motion is 4,767
filed, provided that the court may delay the hearing for a period 4,768
not to exceed one hundred eighty additional days. If the court 4,769
schedules HOLDS a hearing on the motion, the court shall enter a 4,770
ruling on the motion within ten days after the hearing. If the 4,772
court denies the motion without a hearing, the court shall enter 4,773
its ruling on the motion within sixty days after the motion is 4,774
filed.
(D) If a court schedules a hearing on the motion filed by 4,777
an eligible offender under this section or on its own motion 4,778
109
UNDER DIVISION (C) OF THIS SECTION, the court shall notify the 4,779
eligible offender of the hearing. The eligible offender promptly 4,780
shall serve GIVE a copy of the notice of the hearing on the head 4,782
of the state correctional institution in which the eligible 4,784
offender is confined. If the court schedules a hearing for 4,785
judicial release, the court promptly shall give notice of the 4,786
hearing to the prosecuting attorney of the county in which the 4,787
eligible offender was indicted. Upon receipt of the notice from 4,788
the court, the prosecuting attorney shall notify the victim of 4,789
the offense for which the stated prison term was imposed or the 4,790
victim's representative, pursuant to section 2930.16 of the 4,791
Revised Code, of the hearing. 4,792
(E) Prior to the date of the hearing on a motion for 4,795
judicial release under this section, the head of the state 4,796
correctional institution in which the eligible offender in 4,797
question is confined shall send to the court a report on the 4,798
eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been 4,799
transferred. The report shall cover the eligible offender's 4,800
participation in school, vocational training, work, treatment, 4,801
and other rehabilitative activities and any disciplinary action 4,802
taken against the eligible offender. The report shall be made 4,803
part of the record of the hearing. 4,804
(F) If the court grants a hearing on a motion for judicial 4,807
release under this section, the eligible offender shall attend 4,808
the hearing if ordered to do so by the court. Upon receipt of a 4,809
copy of the journal entry containing the order, the head of the 4,810
state correctional institution in which the eligible offender is 4,811
incarcerated shall deliver the eligible offender to the sheriff 4,812
of the county in which the hearing is to be held. The sheriff 4,813
shall convey the eligible offender to the hearing and return the 4,814
offender to the institution after the hearing. 4,815
(G) At the hearing on a motion for judicial release under 4,818
this section, the court shall afford the eligible offender and 4,819
110
the eligible offender's counsel ATTORNEY an opportunity to 4,820
present written information relevant to the motion and shall 4,822
afford the eligible offender, if present, and the eligible
offender's attorney AN OPPORTUNITY to present oral information 4,823
relevant to the motion. The court shall afford a similar 4,825
opportunity to the prosecuting attorney, the victim or the 4,826
victim's representative, as defined in section 2930.01 of the 4,827
Revised Code, and any other person the court determines is likely 4,829
to present additional relevant information. The court shall 4,830
consider any statement of a victim made pursuant to section
2930.14 or 2930.17 of the Revised Code and, any victim impact 4,832
statement prepared pursuant to section 2947.051 of the Revised 4,833
Code, AND ANY REPORT MADE UNDER DIVISION (E) OF THIS SECTION. 4,834
After ruling on the motion, the court shall notify the victim of 4,835
the ruling in accordance with sections 2930.03 and 2930.16 of the 4,836
Revised Code. 4,837
(H)(1) A court shall not grant a judicial release under 4,840
this section to an eligible offender who is imprisoned for a 4,841
felony of the first or second degree, or to an eligible offender 4,842
who committed an offense contained in Chapter 2925. or 3719. of 4,843
the Revised Code and for whom there was a presumption under 4,844
section 2929.13 of the Revised Code in favor of a prison term, 4,846
unless the court, with reference to factors under section 2929.12 4,847
of the Revised Code, finds both of the following: 4,848
(a) That a sanction other than a prison term would 4,851
adequately punish the offender and protect the public from future 4,852
criminal violations by the eligible offender because the 4,853
applicable factors indicating a lesser likelihood of recidivism 4,854
outweigh the applicable factors indicating a greater likelihood 4,856
of recidivism;
(b) That a sanction other than a prison term would not 4,859
demean the seriousness of the offense because factors indicating 4,860
that the eligible offender's conduct in committing the offense 4,862
was less serious than conduct normally constituting the offense 4,863
111
outweigh factors indicating that the eligible offender's conduct 4,864
was more serious than conduct normally constituting the offense. 4,865
(2) A court that grants a judicial release to an eligible 4,868
offender under division (H)(1) of this section shall specify on 4,869
the record both findings required in that division and also shall 4,870
list all the factors described in that division that were 4,871
presented at the hearing.
(I) If the court grants a motion for judicial release 4,874
under this section, the court shall order the release of the 4,875
eligible offender, shall place the eligible offender under an
appropriate community control sanction, under a mandatory 4,877
condition of the type described in division (A) of section 4,878
2967.131 of the Revised Code APPROPRIATE COMMUNITY CONTROL 4,879
CONDITIONS, and under the supervision of the department of 4,880
probation serving the court, and shall reserve the right to 4,881
reimpose the sentence that it reduced pursuant to the judicial 4,882
release if the offender violates the sanction. If the court 4,883
reimposes the reduced sentence pursuant to this reserved right, 4,884
it may do so either concurrently with, or consecutive to, any new 4,885
sentence imposed upon the eligible offender as a result of the
violation THAT IS A NEW OFFENSE. The period of the community 4,887
control sanction shall be no longer than five years. The court, 4,889
in its discretion, may reduce the period of the community control 4,890
sanction by the amount of time the eligible offender spent in 4,892
jail for the offense and in prison. If the court made any 4,893
findings pursuant to division (H)(1) of this section, the court 4,894
shall serve a copy of the findings upon counsel for the parties 4,895
within fifteen days after the date on which the court grants the 4,896
motion for judicial release.
Prior to being released pursuant to a judicial release 4,898
granted under this section, the eligible offender shall serve any 4,899
extension of sentence that was imposed under section 2967.11 of 4,900
the Revised Code. 4,901
Sec. 2929.223. (A) If a judge in any jurisdiction in 4,911
112
which the appropriate authority or board requires an offender an 4,912
offense other than a minor misdemeanor to reimburse the costs of 4,914
confinement pursuant to section 307.93, 341.14, 341.19, 341.23, 4,915
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 4,916
sentences an offender to a term of imprisonment in the facility 4,917
that is subject to the requirement for a misdemeanor, then after 4,918
that person's release from imprisonment, the judge or, if that 4,919
judge no longer is sitting on that court, any judge from that 4,920
court, also shall hold a hearing to determine the amount of the 4,921
reimbursement and whether the offender has the ability to pay the 4,923
reimbursement and the amount the person OFFENDER is able to pay. 4,924
The offender shall have an opportunity to be heard and may be 4,926
represented by counsel at the hearing, at the offender's person's
option. A record shall be made of the hearing. 4,927
Reimbursable expenses shall include, but are not limited 4,929
to, the expenses relating to the provision of food, clothing, 4,930
shelter, medical care, and personal hygiene products, including, 4,931
but not limited to, toothpaste, toothbrushes, and feminine 4,932
hygiene items, to the offender while the offender is imprisoned 4,934
and during any time that the offender is incarcerated before 4,935
sentencing that is credited against the offender's term of 4,936
imprisonment, and up to two hours of overtime costs the sheriff 4,937
or municipal corporation incurred relating to the trial of the 4,938
person.
(B) Before holding a hearing on reimbursement pursuant to 4,940
division (A) of this section, the judge shall investigate or 4,941
cause to be investigated the offender's ability to pay the 4,942
reimbursement and possible reimbursement schedules and methods. 4,943
The amount of reimbursement shall be determined at the hearing in 4,944
light of the sentence of imprisonment given and according to the 4,945
offender's ability to pay. However, the actual amount to be paid 4,947
for reimbursable expenses other than medical expenses shall be 4,948
the actual cost of the confinement or a lesser amount determined 4,949
pursuant to section 307.93, 341.14, 341.19, 341.23, 753.02,
113
753.04, 753.16, 2301.56, or 2947.19 of the Revised Code. The 4,950
actual amount to be paid for medical expenses shall not exceed 4,951
forty per cent of those medical expenses. In determining the 4,952
offender's ability to pay the reimbursement, all of the following 4,954
shall be considered:
(1) The offender's financial resources, excluding the 4,956
funds saved from wages derived from the offender's labor or 4,957
employment during the period of incarceration; 4,958
(2) Any obligation to support the offender's dependents; 4,960
(3) Any obligation to make restitution to the victim of 4,962
the offense of which the offender is convicted; 4,963
(4) The offender's income, assets, liabilities, ability to 4,965
borrow, household expenses, and any other factor that may affect 4,966
the offender's financial ability to make reimbursement. 4,967
(C) At the conclusion of the hearing held pursuant to 4,970
division (A) of this section, the judge shall determine the 4,971
amount of the reimbursable expenses owed by the offender who is 4,972
the subject of the hearing and the amount that the offender is 4,973
able to pay. If the judge determines that the offender is able 4,974
to pay any of the reimbursable expenses, the judge shall issue a 4,975
judgment against the offender in the amount of the reimbursable 4,976
expenses that the offender is able to pay. In the judgment, the 4,977
judge also shall establish a payment schedule for the 4,978
reimbursement. The judgment shall state that the reimbursement 4,979
shall be made to the county, municipal corporation, or township 4,980
for expenses incurred by it during any time that the offender 4,981
served in a local jail or workhouse. Each payment on the payment 4,982
schedule shall constitute a separate judgment. The prosecuting 4,983
attorney for a county, city director of law, village solicitor, 4,984
or similar chief legal officer of a municipal corporation, as 4,985
appropriate, may execute upon the judgment for failure to meet 4,986
the payment schedule.
(D) This section does not apply to a person who is 4,988
sentenced for a felony to a term of imprisonment in a facility 4,989
114
that is subject to a requirement of the type described in 4,991
division (A) of this section. Sections SECTION 2929.18 and 4,992
2929.181 of the Revised Code apply APPLIES to a person who is 4,993
sentenced for a felony to a term of that nature. 4,994
Sec. 2935.36. (A) The prosecuting attorney may establish 5,003
pre-trial diversion programs for adults who are accused of 5,004
committing criminal offenses and whom the prosecuting attorney 5,006
believes probably will not offend again. The programs shall be
operated pursuant to written standards approved by journal entry 5,008
by the presiding judge or, in courts with only one judge, the 5,009
judge of the court of common pleas and shall not be applicable to 5,010
any of the following: 5,011
(1) Repeat offenders or dangerous offenders; 5,013
(2) Persons accused of an offense of violence, of a 5,015
violation of section 2903.06, 2903.07, 2907.04, 2907.05, 2907.21, 5,017
2907.22, 2907.31, 2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 5,018
2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20 of the 5,019
Revised Code, or of a violation of section 2905.01, 2905.02, or
2919.23 of the Revised Code that, had it occurred prior to the 5,021
effective date of this amendment JULY 1, 1996, would have been a 5,022
violation of section 2905.04 of the Revised Code as it existed 5,023
prior to that date, with the exception that the prosecuting 5,024
attorney may permit persons accused of any such offense to enter 5,025
a pre-trial diversion program, if the prosecuting attorney finds 5,027
any of the following:
(a) The accused did not cause, threaten, or intend serious 5,029
physical harm to any person; 5,030
(b) The offense was the result of circumstances not likely 5,032
to recur; 5,033
(c) The accused has no history of prior delinquency or 5,035
criminal activity; 5,036
(d) The accused has led a law-abiding life for a 5,038
substantial time before commission of the alleged offense; 5,039
(e) Substantial grounds tending to excuse or justify the 5,041
115
alleged offense;. 5,042
(3) Persons accused of a violation of Chapter 2925. or 5,044
3719. of the Revised Code; 5,045
(4) Drug dependent persons or persons in danger of 5,047
becoming drug dependent persons, as defined in section 3719.011 5,048
of the Revised Code. However, this division does not affect the 5,049
eligibility of such persons for treatment INTERVENTION in lieu of 5,051
conviction pursuant to section 2951.041 of the Revised Code. 5,052
(5) Persons accused of a violation of section 4511.19 of 5,054
the Revised Code or a violation of any substantially similar 5,055
municipal ordinance. 5,056
(B) An accused who enters a diversion program shall do all 5,058
of the following: 5,059
(1) Waive, in writing and contingent upon the accused's 5,061
successful completion of the program, the accused's right to a 5,062
speedy trial, the preliminary hearing, the time period within 5,063
which the grand jury may consider an indictment against the 5,064
accused, and arraignment, unless the hearing, indictment, or 5,065
arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program 5,067
of all periods of limitation established by statutes or rules of 5,068
court, that are applicable to the offense with which the accused 5,070
is charged and to the conditions of the diversion program 5,071
established by the prosecuting attorney. 5,072
(C) The trial court, upon the application of the 5,074
prosecuting attorney, shall order the release from confinement of 5,075
any accused who has agreed to enter a pre-trial diversion program 5,076
and shall discharge and release any existing bail and release any 5,077
sureties on recognizances and shall release the accused on a 5,078
recognizance bond conditioned upon the accused's compliance with 5,079
the terms of the diversion program. The prosecuting attorney 5,080
shall notify every victim of the crime and the arresting officers 5,081
of the prosecuting attorney's intent to permit the accused to 5,083
enter a pre-trial diversion program. The victim of the crime and 5,084
116
the arresting officers shall have the opportunity to file written 5,085
objections with the prosecuting attorney prior to the 5,086
commencement of the pre-trial diversion program. 5,087
(D) If the accused satisfactorily completes the diversion 5,089
program, the prosecuting attorney shall recommend to the trial 5,090
court that the charges against the accused be dismissed, and the 5,091
court, upon the recommendation of the prosecuting attorney, shall 5,092
dismiss the charges. If the accused chooses not to enter the 5,093
prosecuting attorney's diversion program, or if the accused 5,094
violates the conditions of the agreement pursuant to which the 5,095
accused has been released, the accused may be brought to trial 5,096
upon the charges in the manner provided by law, and the waiver 5,097
executed pursuant to division (B)(1) of this section shall be 5,098
void on the date the accused is removed from the program for the 5,099
violation.
(E) As used in this section: 5,101
(1) "Repeat offender" means a person who has a history of 5,103
persistent criminal activity and whose character and condition 5,104
reveal a substantial risk that the person will commit another 5,105
offense. It is prima-facie evidence that a person is a repeat 5,107
offender if any of the following applies:
(a) Having been convicted of one or more offenses of 5,109
violence and having been imprisoned pursuant to sentence for any 5,110
such offense, the person commits a subsequent offense of 5,111
violence;
(b) Having been convicted of one or more sexually oriented 5,113
offenses as defined in section 2950.01 of the Revised Code and 5,115
having been imprisoned pursuant to sentence for one or more of 5,116
those offenses, the person commits a subsequent sexually oriented 5,117
offense;
(c) Having been convicted of one or more theft offenses as 5,119
defined in section 2913.01 of the Revised Code and having been 5,120
imprisoned pursuant to sentence for one or more of those theft 5,121
offenses, the person commits a subsequent theft offense; 5,122
117
(d) Having been convicted of one or more felony drug abuse 5,124
offenses as defined in section 2925.01 of the Revised Code and 5,126
having been imprisoned pursuant to sentence for one or more of
those felony drug abuse offenses, the person commits a subsequent 5,127
felony drug abuse offense; 5,128
(e) Having been convicted of two or more felonies and 5,130
having been imprisoned pursuant to sentence for one or more 5,131
felonies, the person commits a subsequent offense; 5,132
(f) Having been convicted of three or more offenses of any 5,134
type or degree other than traffic offenses, alcoholic 5,135
intoxication offenses, or minor misdemeanors and having been 5,136
imprisoned pursuant to sentence for any such offense, the person 5,137
commits a subsequent offense.
(2) "Dangerous offender" means a person who has committed 5,139
an offense, whose history, character, and condition reveal a 5,140
substantial risk that the person will be a danger to others, and 5,141
whose conduct has been characterized by a pattern of repetitive, 5,143
compulsive, or aggressive behavior with heedless indifference to
the consequences. 5,144
Sec. 2937.99. Whoever fails (A) NO PERSON SHALL FAIL to 5,154
appear as required, after having been released pursuant to 5,155
section 2937.29 of the Revised Code, shall be sentenced as 5,156
follows:. WHOEVER VIOLATES THIS SECTION IS GUILTY OF FAILURE TO 5,157
APPEAR AND SHALL BE PUNISHED AS SET FORTH IN DIVISION (B) OR (C) 5,158
OF THIS SECTION.
(A)(B) If the release was in connection with a charge of 5,160
the commission of a felony or pending appeal after conviction of 5,161
a felony, he shall be fined not more than five thousand dollars 5,163
or imprisoned in a state correctional institution for not less 5,164
than one nor more than five years, or both FAILURE TO APPEAR IS A 5,165
FELONY OF THE FIFTH DEGREE. 5,166
(B)(C) If the release was in connection with a charge of 5,168
the commission of a misdemeanor or for appearance as a witness, 5,169
he shall be fined not more than one thousand dollars or 5,170
118
imprisoned not more than one year, or both FAILURE TO APPEAR IS A 5,171
MISDEMEANOR OF THE FIRST DEGREE. 5,173
(D) This section does not apply to misdemeanors and 5,175
related ordinance offenses arising under Chapters 4501., 4503., 5,176
4505., 4507., 4509., 4511., 4513., 4517., 4549., and 5577. of the 5,177
Revised Code, except that this section does apply to violations 5,178
of sections 4511.19, 4549.02, and 4549.021 of the Revised Code 5,179
and ordinance offenses related to such sections 4511.19, 4549.02, 5,181
AND 4549.021 OF THE REVISED CODE.
Sec. 2941.141. (A) Imposition of a one-year mandatory 5,190
prison term upon an offender under division (D)(1)(a)(i) of 5,191
section 2929.14 of the Revised Code is precluded unless the 5,192
indictment, count in the indictment, or information charging the 5,194
offense specifies that the offender had a firearm on or about the 5,195
offender's person or under the offender's control while 5,196
committing the offense. The specification shall be stated at the 5,197
end of the body of the indictment, count, or information, and 5,198
shall be in substantially the following form: 5,199
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). 5,202
The Grand Jurors (or insert the person's or the prosecuting 5,204
attorney's name when appropriate) further find and specify that 5,205
(set forth that the offender had a firearm on or about the 5,206
offender's person or under the offender's control while 5,207
committing the offense.)" 5,208
(B) Imposition of a one-year mandatory prison term upon an 5,210
offender under division (D)(1)(a)(i) of section 2929.14 of the 5,211
Revised Code is precluded if a court imposes a three-year or 5,213
six-year mandatory prison term on the offender under that 5,214
division relative to the same felony.
(C) As used in this section, "firearm" has the same 5,216
meaning as in section 2923.11 of the Revised Code. 5,217
Sec. 2941.144. (A) Imposition of a six-year mandatory 5,226
prison term upon an offender under division (D)(1)(a)(i) of 5,227
section 2929.14 of the Revised Code is precluded unless the 5,228
119
indictment, count in the indictment, or information charging the 5,229
offense specifies that the offender had a firearm that is an 5,230
automatic firearm or that was equipped with a firearm muffler or 5,231
silencer on or about the offender's person or under the 5,232
offender's control while committing the offense. The 5,234
specification shall be stated at the end of the body of the 5,235
indictment, count, or information and shall be stated in 5,236
substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 5,238
Grand Jurors (or insert the person's or the prosecuting 5,239
attorney's name when appropriate) further find and specify that 5,240
(set forth that the offender had a firearm that is an automatic 5,241
firearm or that was equipped with a firearm muffler or silencer 5,242
on or about the offender's person or under the offender's control 5,243
while committing the offense)." 5,244
(B) Imposition of a six-year mandatory prison term upon an 5,246
offender under division (D)(1)(a)(i) of section 2929.14 of the 5,247
Revised Code is precluded if a court imposes a three-year or 5,249
one-year mandatory prison term on the offender under that 5,250
division relative to the same felony.
(C) As used in this section, "firearm" and "automatic 5,252
firearm" have the same meanings as in section 2923.11 of the 5,253
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 5,263
prison term upon an offender under division (D)(1)(a)(i) of 5,264
section 2929.14 of the Revised Code is precluded unless the 5,266
indictment, count in the indictment, or information charging the 5,267
offense specifies that the offender had a firearm on or about the 5,268
offender's person or under the offender's control while 5,269
committing the offense and displayed the firearm, brandished the 5,270
firearm, indicated that the offender possessed the firearm, or 5,271
used it to facilitate the offense. The specification shall be 5,272
stated at the end of the body of the indictment, county COUNT, or 5,273
information, and shall be stated in substantially the following 5,275
120
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 5,278
Grand Jurors (or insert the person's or the prosecuting 5,279
attorney's name when appropriate) further find and specify that 5,280
(set forth that the offender had a firearm on or about the 5,281
offender's person or under the offender's control while 5,282
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 5,283
used it to facilitate the offense)." 5,284
(B) Imposition of a three-year mandatory prison term upon 5,286
an offender under division (D)(1)(a)(i) of section 2929.14 of the 5,288
Revised Code is precluded if a court imposes a one-year or 5,289
six-year mandatory prison term on the offender under that
division relative to the same felony. 5,290
(C) As used in this section, "firearm" has the same 5,292
meaning as in section 2923.11 of the Revised Code. 5,293
Sec. 2941.146. (A) Imposition of a mandatory five-year 5,302
prison term upon an offender under division (D)(1)(a)(ii)(c) of 5,303
section 2929.14 of the Revised Code for committing a violation of 5,305
section 2923.161 of the Revised Code or for committing a felony 5,306
that includes, as an essential element, purposely or knowingly 5,307
causing or attempting to cause the death of or physical harm to 5,309
another and that was committed by discharging a firearm from a 5,310
motor vehicle other than a manufactured home is precluded unless 5,311
the indictment, count in the indictment, or information charging 5,312
the offender specifies that the offender committed the offense by 5,313
discharging a firearm from a motor vehicle other than a 5,314
manufactured home. The specification shall be stated at the end 5,315
of the body of the indictment, count, or information, and shall 5,316
be stated in substantially the following form: 5,317
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 5,319
Grand Jurors (or insert the person's or prosecuting attorney's 5,320
name when appropriate) further find and specify that (set forth 5,322
that the offender committed the violation of section 2923.161 of 5,323
121
the Revised Code or the felony that includes, as an essential 5,324
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 5,325
by discharging a firearm from a motor vehicle other than a 5,326
manufactured home)." 5,327
(B) As used in this section: 5,329
(1) "Firearm" has the same meaning as in section 2923.11 5,331
of the Revised Code; 5,332
(2) "Motor vehicle" and "manufactured home" have the same 5,334
meanings as in section 4501.01 of the Revised Code. 5,335
Sec. 2941.1410. (A) The EXCEPT AS PROVIDED IN SECTIONS 5,344
2925.03 AND 2925.11 OF THE REVISED CODE, THE determination by a 5,345
court that an offender is a major drug offender is precluded 5,347
unless the indictment, count in the indictment, or information 5,348
charging the offender specifies that the offender is a major drug 5,349
offender. The specification shall be stated at the end of the 5,350
body of the indictment, count, or information, and shall be 5,351
stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 5,354
Grand Jurors (or insert the person's or prosecuting attorney's 5,355
name when appropriate) further find and specify that (set forth 5,356
that the offender is a major drug offender)." 5,357
(B) The court shall determine the issue of whether an 5,359
offender is a major drug offender. 5,360
(C) As used in this section, "major drug offender" has the 5,362
same meaning as in section 2929.01 of the Revised Code. 5,363
Sec. 2949.08. (A) When a person WHO IS convicted of OR 5,372
PLEADS GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL 5,373
SANCTION IN A JAIL OR COMMUNITY-BASED CORRECTIONAL FACILITY 5,374
PURSUANT TO SECTION 2929.16 OF THE REVISED CODE OR WHEN A PERSON 5,375
WHO IS CONVICTED OF OR PLEADS GUILTY TO a misdemeanor is 5,376
sentenced to A TERM OF imprisonment in A jail or the workhouse, 5,378
the judge or magistrate shall order him THE PERSON into the 5,380
custody of the sheriff or constable, who AND THE SHERIFF OR 5,381
122
CONSTABLE shall deliver him THE PERSON with the record of his THE 5,384
PERSON'S conviction, to the jailer, ADMINISTRATOR, or keeper, in 5,386
whose custody he THE PERSON shall remain until the term of his 5,387
imprisonment expires or he THE PERSON is otherwise legally 5,389
discharged.
(B) The record of the person's conviction shall specify 5,391
the total number of days, if any, that the person was confined 5,392
for any reason arising out of the offense for which he THE PERSON 5,394
was convicted and sentenced prior to delivery to the jailer or 5,395
keeper under this section. The record shall be used to determine 5,396
any reduction of sentence under division (C) of this section. 5,397
(C) The jailer, administrator, or keeper in charge of a 5,399
jail or workhouse COMMUNITY-BASED CORRECTIONAL FACILITY shall 5,400
reduce the sentence of a person delivered into his THE JAILER'S, 5,402
ADMINISTRATOR'S, OR KEEPER'S custody pursuant to division (A) of 5,403
this section by the total number of days the prisoner PERSON was 5,404
confined for any reason arising out of the offense for which the 5,406
prisoner PERSON was convicted and sentenced, including 5,408
confinement in lieu of bail while awaiting trial, confinement for 5,409
examination to determine his THE PERSON'S competence to stand 5,411
trial or to determine sanity, and confinement while awaiting 5,412
transportation to the place where he THE PERSON is to serve his 5,414
THE sentence.
(D) For purposes of divisions (B) and (C) of this section, 5,416
a person shall be considered to have been confined for a day if 5,417
the person was confined for any period or periods of time 5,418
totaling more than eight hours during that day. 5,419
(E) AS USED IN THIS SECTION, "COMMUNITY-BASED CORRECTIONAL 5,421
FACILITY" AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 5,422
OF THE REVISED CODE.
Sec. 2951.02. (A)(1) In determining whether to suspend a 5,432
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 5,434
otherwise suspend a sentence of imprisonment imposed upon an
123
offender for a misdemeanor pursuant to division (A) of section 5,435
2929.51 of the Revised Code, the court shall consider the risk 5,436
that the offender will commit another offense and the need for 5,437
protecting the public from the risk, the nature and circumstances 5,438
of the offense, and the history, character, and condition of the 5,439
offender. 5,440
(2) An offender who has been convicted of or pleaded 5,442
guilty to a misdemeanor shall not be placed on probation and 5,443
shall not otherwise have the sentence of imprisonment imposed 5,444
upon the offender suspended pursuant to division (A) of section 5,446
2929.51 of the Revised Code if any of the following applies: 5,448
(a) The offender is a repeat or dangerous offender, as 5,451
defined in section 2935.36 of the Revised Code. 5,452
(b) The misdemeanor offense involved was not a violation 5,455
of section 2923.12 of the Revised Code and was committed while 5,456
the offender was armed with a firearm or dangerous ordnance, as 5,457
defined in section 2923.11 of the Revised Code. 5,459
(c) Under division (C) of section 2903.07 of the Revised 5,461
Code, the offender is not eligible for probation. 5,462
(B) The following do not control the court's discretion 5,464
but the court shall consider them in favor of placing an offender 5,465
who has been convicted of or pleaded guilty to a misdemeanor on 5,466
probation or in favor of otherwise suspending the offender's 5,467
sentence of imprisonment pursuant to division (A) of section 5,468
2929.51 of the Revised Code: 5,469
(1) The offense neither caused nor threatened serious harm 5,471
to persons or property, or the offender did not contemplate that 5,472
it would do so. 5,473
(2) The offense was the result of circumstances unlikely 5,475
to recur. 5,476
(3) The victim of the offense induced or facilitated it. 5,478
(4) There are substantial grounds tending to excuse or 5,480
justify the offense, though failing to establish a defense. 5,481
(5) The offender acted under strong provocation. 5,483
124
(6) The offender has no history of prior delinquency or 5,485
criminal activity, or has led a law-abiding life for a 5,486
substantial period before commission of the present offense. 5,487
(7) The offender is likely to respond affirmatively to 5,489
probationary or other court-imposed treatment. 5,490
(8) The character and attitudes of the offender indicate 5,492
that the offender is unlikely to commit another offense. 5,493
(9) The offender has made or will make restitution or 5,495
reparation to the victim of the offender's offense for the 5,496
injury, damage, or loss sustained. 5,497
(10) Imprisonment of the offender will entail undue 5,499
hardship to the offender or the offender's dependents. 5,500
(C)(1)(a) When an offender who has been convicted of or 5,502
pleaded guilty to a misdemeanor is placed on probation or the 5,504
sentence of that type of offender otherwise is suspended pursuant 5,505
to division (A) of section 2929.51 of the Revised Code, the 5,507
probation or other suspension shall be at least on condition 5,508
that, during the period of probation or other suspension, the 5,509
offender shall abide by the law, including, but not limited to, 5,510
complying with the provisions of Chapter 2923. of the Revised 5,511
Code relating to the possession, sale, furnishing, transfer, 5,512
disposition, purchase, acquisition, carrying, conveying, or use 5,513
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 5,514
leave the state without the permission of the court or the 5,518
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 5,519
behavior, the court may impose additional requirements on the 5,520
offender, including, but not limited to, requiring the offender 5,521
to make restitution pursuant to section 2929.21 of the Revised 5,522
Code for all or part of the property damage that is caused by the 5,524
offender's offense and for all or part of the value of the
property that is the subject of any theft offense, as defined in 5,525
division (K) of section 2913.01 of the Revised Code, that the 5,526
125
offender committed. Compliance with the additional requirements 5,527
also shall be a condition of the offender's probation or other 5,528
suspension. 5,529
(b) When an offender who has been convicted of or pleaded 5,531
guilty to a felony is sentenced to a nonresidential sanction 5,532
pursuant to section 2929.17 of the Revised Code, the court shall 5,534
impose as a condition of the sanction that, during the period of 5,535
the nonresidential sanction, the offender shall abide by the law, 5,536
including, but not limited to, complying with the provisions of 5,537
Chapter 2923. of the Revised Code identified in division 5,539
(C)(1)(a) of this section. 5,540
(2) During the period of a misdemeanor offender's 5,542
probation or other suspension or during the period of a felon's 5,543
nonresidential sanction, authorized probation officers who are 5,545
engaged within the scope of their supervisory duties or 5,546
responsibilities may search, with or without a warrant, the 5,547
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 5,548
personal property, or other real property in which the offender 5,549
has a right, title, or interest or for which the offender has the 5,550
express or implied permission of a person with a right, title, or 5,552
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 5,553
abiding by the law or otherwise is not complying with the 5,554
conditions of the offender's probation or other suspension or the 5,556
conditions of the offender's nonresidential sanction. If a felon 5,557
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 5,558
described in division (A)(2)(a) of section 2929.15 of the Revised 5,559
Code, adult parole authority field officers with supervisory 5,560
responsibilities over the felon shall have the same search 5,561
authority relative to the felon during the period of the sanction 5,562
as is described under this division for probation officers. The 5,563
court that places the offender on probation or suspends the 5,565
126
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 5,567
that sentences the felon to a nonresidential sanction pursuant to 5,568
section 2929.17 of the Revised Code shall provide the offender 5,569
with a written notice that informs the offender that authorized 5,570
probation officers or adult parole authority field officers with 5,571
supervisory responsibilities over the offender who are engaged 5,572
within the scope of their supervisory duties or responsibilities 5,573
may conduct those types of searches during the period of 5,575
probation or other suspension or during the period of the 5,576
nonresidential sanction if they have reasonable grounds to 5,577
believe that the offender is not abiding by the law or otherwise 5,578
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 5,579
nonresidential sanction. 5,580
(D) The following do not control the court's discretion 5,582
but the court shall consider them against placing an offender who 5,583
has been convicted of or pleaded guilty to a misdemeanor on 5,584
probation and against otherwise suspending the offender's 5,585
sentence of imprisonment pursuant to division (A) of section 5,586
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 5,588
pardon, post-release control pursuant to section 2967.28 of the 5,590
Revised Code, or a probation or suspension pursuant to division 5,592
(A) of section 2929.51 of the Revised Code, previously granted 5,593
the offender.
(2) There is a substantial risk that, while at liberty 5,595
during the period of probation or other suspension, the offender 5,596
will commit another offense. 5,597
(3) The offender is in need of correctional or 5,599
rehabilitative treatment that can be provided best by the 5,600
offender's commitment to a locally governed and operated 5,601
residential facility.
(4) Regardless of whether the offender knew the age of the 5,603
127
victim, the victim of the offense was sixty-five years of age or 5,604
older or permanently and totally disabled at the time of the 5,605
commission of the offense. 5,606
(E) The criteria listed in divisions (B) and (D) of this 5,608
section shall not be construed to limit the matters that may be 5,609
considered in determining whether to suspend sentence of 5,610
imprisonment and place an offender who has been convicted of or 5,611
pleaded guilty to a misdemeanor on probation or whether to 5,612
otherwise suspend the offender's sentence of imprisonment 5,613
pursuant to division (A) of section 2929.51 of the Revised Code. 5,615
(F)(1) When an offender is convicted of or pleads guilty 5,619
to a misdemeanor, the court may require the offender, as a 5,620
condition of probation or as a condition of otherwise suspending 5,621
the offender's sentence pursuant to division (A) of section 5,622
2929.51 of the Revised Code, in addition to the conditions of 5,623
probation or other suspension imposed pursuant to division (C) of 5,624
this section, to perform supervised community service work under 5,625
the authority of health districts, park districts, counties, 5,626
municipal corporations, townships, other political subdivisions 5,627
of the state, or agencies of the state or any of its political 5,628
subdivisions, or under the authority of charitable organizations 5,629
that render services to the community or its citizens, in 5,630
accordance with this division. Supervised community service work 5,631
shall not be required as a condition of probation or other 5,632
suspension under this division unless the offender agrees to 5,633
perform the work offered as a condition of probation or other 5,634
suspension by the court. The court may require an offender who 5,635
agrees to perform the work to pay to it a reasonable fee to cover 5,636
the costs of the offender's participation in the work, including, 5,637
but not limited to, the costs of procuring a policy or policies 5,638
of liability insurance to cover the period during which the 5,639
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 5,641
to satisfy the payment of a fine imposed for the offense by 5,642
128
performing supervised community service work as described in this 5,643
division if the offender requests an opportunity to satisfy the 5,644
payment by this means and if the court determines the offender is 5,645
financially unable to pay the fine. 5,646
The supervised community service work that may be imposed 5,648
under this division shall be subject to the following 5,649
limitations: 5,650
(a) The court shall fix the period of the work and, if 5,652
necessary, shall distribute it over weekends or over other 5,653
appropriate times that will allow the offender to continue at the 5,654
offender's occupation or to care for the offender's family. The 5,655
period of the work as fixed by the court shall not exceed an 5,656
aggregate of two hundred hours. 5,657
(b) An agency, political subdivision, or charitable 5,659
organization must agree to accept the offender for the work 5,660
before the court requires the offender to perform the work for 5,661
the entity. A court shall not require an offender to perform 5,662
supervised community service work for an agency, political 5,663
subdivision, or charitable organization at a location that is an 5,664
unreasonable distance from the offender's residence or domicile, 5,665
unless the offender is provided with transportation to the 5,666
location where the work is to be performed. 5,667
(c) A court may enter into an agreement with a county 5,669
department of human services for the management, placement, and 5,670
supervision of offenders eligible for community service work in 5,671
work activities, developmental activities, and alternative work 5,674
activities under sections 5107.40 to 5107.69 of the Revised Code. 5,676
If a court and a county department of human services have entered 5,677
into an agreement of that nature, the clerk of that court is 5,678
authorized to pay directly to the department of human services 5,679
all or a portion of the fees collected by the court pursuant to 5,680
this division in accordance with the terms of its agreement. 5,681
(d) Community service work that a court requires under 5,683
this division shall be supervised by an official of the agency, 5,684
129
political subdivision, or charitable organization for which the 5,685
work is performed or by a person designated by the agency, 5,686
political subdivision, or charitable organization. The official 5,687
or designated person shall be qualified for the supervision by 5,688
education, training, or experience, and periodically shall 5,689
report, in writing, to the court and to the offender's probation 5,690
officer concerning the conduct of the offender in performing the 5,691
work. 5,692
(2) When an offender is convicted of a felony, the court 5,694
may impose pursuant to sections 2929.15 and 2929.17 of the 5,695
Revised Code a sanction that requires the offender to perform 5,696
supervised community service work in accordance with this 5,697
division and under the authority of any agency, political 5,698
subdivision, or charitable organization as described in division 5,699
(F)(1) of this section. The court may require an offender who is 5,700
ordered to perform the work to pay to it a reasonable fee to 5,701
cover the costs of the offender's participation in the work, 5,702
including, but not limited to, the costs of procuring a policy or 5,703
policies of liability insurance to cover the period during which 5,704
the offender will perform the work. 5,705
A court may permit an offender convicted of a felony to 5,707
satisfy the payment of a fine imposed for the offense pursuant to 5,708
section 2929.18 of the Revised Code by performing supervised 5,709
community service work as described in this division if the court 5,711
determines that the offender is financially unable to pay the 5,712
fine.
The supervised community service work that may be imposed 5,714
under this division shall be subject to the limitations specified 5,715
in divisions (F)(1)(a) to (d) of this section, except that the 5,716
court is not required to obtain the agreement of the offender to 5,717
impose supervised community work as a sanction. Additionally, 5,718
the total of any period of supervised community service work 5,719
imposed on an offender under this division plus the period of all 5,720
other sanctions imposed pursuant to sections 2929.15, 2929.16, 5,721
130
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 5,723
section 4511.19 of the Revised Code, a municipal ordinance 5,724
relating to operating a vehicle while under the influence of 5,725
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,726
municipal ordinance relating to operating a vehicle with a 5,727
prohibited concentration of alcohol in the blood, breath, or 5,728
urine or of a misdemeanor violation of section 2903.07 of the 5,729
Revised Code or an equivalent violation of a municipal ordinance 5,731
that is substantially similar to section 2903.07 of the Revised 5,733
Code and that provides for that type of finding by a jury or 5,734
judge in a case in which the jury or judge found that the 5,735
offender was under the influence of alcohol at the time of the 5,736
commission of the offense, the court may require, as a condition 5,737
of probation in addition to the required conditions of probation 5,738
and the discretionary conditions of probation that may be imposed 5,739
pursuant to division (C) of this section, any suspension or 5,740
revocation of a driver's or commercial driver's license or permit 5,741
or nonresident operating privilege, and all other penalties 5,742
provided by law or by ordinance, that the offender operate only a 5,743
motor vehicle equipped with an ignition interlock device that is 5,744
certified pursuant to section 4511.83 of the Revised Code. 5,745
(2) When a court requires an offender, as a condition of 5,747
probation pursuant to division (G)(1) of this section, to operate 5,748
only a motor vehicle equipped with an ignition interlock device 5,749
that is certified pursuant to section 4511.83 of the Revised 5,750
Code, the offender immediately shall surrender the offender's 5,751
driver's or commercial driver's license or permit to the court. 5,752
Upon the receipt of the offender's license or permit, the court 5,753
shall issue an order authorizing the offender to operate a motor 5,754
vehicle equipped with a certified ignition interlock device, 5,755
deliver the offender's license or permit to the bureau of motor 5,756
vehicles, and include in the abstract of the case forwarded to 5,757
131
the bureau pursuant to section 4507.021 of the Revised Code the 5,758
conditions of probation imposed pursuant to division (G)(1) of 5,759
this section. The court shall give the offender a copy of its 5,760
order, and that copy shall be used by the offender in lieu of a 5,761
driver's or commercial driver's license or permit until the 5,762
bureau issues a restricted license to the offender. 5,763
(3) Upon receipt of an offender's driver's or commercial 5,765
driver's license or permit pursuant to division (G)(2) of this 5,766
section, the bureau of motor vehicles shall issue a restricted 5,767
license to the offender. The restricted license shall be 5,768
identical to the surrendered license, except that it shall have 5,769
printed on its face a statement that the offender is prohibited 5,770
from operating a motor vehicle that is not equipped with an 5,771
ignition interlock device that is certified pursuant to section 5,772
4511.83 of the Revised Code. The bureau shall deliver the 5,773
offender's surrendered license or permit to the court upon 5,774
receipt of a court order requiring it to do so, or reissue the 5,775
offender's license or permit under section 4507.54 of the Revised 5,776
Code if the registrar destroyed the offender's license or permit 5,777
under that section. The offender shall surrender the restricted 5,778
license to the court upon receipt of the offender's surrendered 5,779
license or permit. 5,780
(4) If an offender violates a requirement of the court 5,782
imposed under division (G)(1) of this section, the offender's 5,783
driver's or commercial driver's license or permit or nonresident 5,784
operating privilege may be suspended as provided in section 5,785
4507.16 of the Revised Code. 5,786
(5) As used in this division, "ignition interlock device" 5,788
has the same meaning as in section 4511.83 of the Revised Code. 5,789
Sec. 2951.041. (A)(1) IF AN OFFENDER IS CHARGED WITH A 5,791
CRIMINAL OFFENSE AND THE COURT HAS REASON TO BELIEVE THAT DRUG OR 5,793
ALCOHOL USAGE BY THE OFFENDER WAS A FACTOR LEADING TO THE 5,794
OFFENDER'S CRIMINAL BEHAVIOR, THE COURT MAY ACCEPT, PRIOR TO THE 5,795
ENTRY OF A GUILTY PLEA, THE OFFENDER'S REQUEST FOR INTERVENTION 5,796
132
IN LIEU OF CONVICTION. THE REQUEST SHALL INCLUDE A WAIVER OF THE 5,798
DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE 5,799
TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN 5,800
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE 5,801
HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED. THE 5,803
COURT MAY REJECT AN OFFENDER'S REQUEST WITHOUT A HEARING. IF THE 5,805
COURT ELECTS TO CONSIDER AN OFFENDER'S REQUEST, THE COURT SHALL 5,806
CONDUCT A HEARING TO DETERMINE WHETHER THE OFFENDER IS ELIGIBLE 5,807
UNDER THIS SECTION FOR INTERVENTION IN LIEU OF CONVICTION AND 5,808
SHALL STAY ALL CRIMINAL PROCEEDINGS PENDING THE OUTCOME OF THE 5,809
HEARING. IF THE COURT SCHEDULES A HEARING, THE COURT SHALL ORDER 5,810
AN ASSESSMENT OF THE OFFENDER FOR THE PURPOSE OF DETERMINING THE 5,811
OFFENDER'S ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION AND 5,812
RECOMMENDING AN APPROPRIATE INTERVENTION PLAN. 5,813
(2) THE VICTIM NOTIFICATION PROVISIONS OF DIVISION (C) OF 5,816
SECTION 2930.08 OF THE REVISED CODE APPLY IN RELATION TO ANY 5,817
HEARING HELD UNDER DIVISION (A)(1) OF THIS SECTION. 5,819
(B) AN OFFENDER IS ELIGIBLE FOR INTERVENTION IN LIEU OF 5,822
CONVICTION IF THE COURT FINDS ALL OF THE FOLLOWING: 5,823
(1) THE OFFENDER PREVIOUSLY HAS NOT BEEN CONVICTED OF OR 5,825
PLEADED GUILTY TO A FELONY, PREVIOUSLY HAS NOT BEEN THROUGH 5,826
INTERVENTION IN LIEU OF CONVICTION UNDER THIS SECTION OR ANY 5,827
SIMILAR REGIMEN, AND IS CHARGED WITH A FELONY FOR WHICH THE 5,828
COURT, UPON CONVICTION, WOULD IMPOSE SENTENCE UNDER DIVISION 5,830
(B)(2)(b) OF SECTION 2929.13 OF THE REVISED CODE OR WITH A 5,832
MISDEMEANOR. 5,833
(2) THE OFFENSE IS NOT AN OFFENSE OF VIOLENCE, IS NOT A 5,835
VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE 5,837
OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO THAT 5,838
DIVISION, AND IS NOT AN OFFENSE FOR WHICH A SENTENCING COURT IS 5,839
REQUIRED TO IMPOSE A MANDATORY PRISON TERM, A MANDATORY TERM OF 5,840
LOCAL INCARCERATION, OR A MANDATORY TERM OF IMPRISONMENT IN A 5,841
JAIL.
(3) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 5,843
133
SECTION 2925.02, 2925.03, 2925.04, 2925.06, OR 2925.11 OF THE 5,845
REVISED CODE THAT IS A FELONY OF THE FIRST, SECOND, OR THIRD 5,846
DEGREE.
(4) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 5,848
SECTION 2925.11 OF THE REVISED CODE THAT IS A FELONY OF THE 5,849
FOURTH DEGREE, OR THE OFFENDER IS CHARGED WITH A VIOLATION OF 5,850
THAT SECTION THAT IS A FELONY OF THE FOURTH DEGREE, AND THE 5,851
PROSECUTOR IN THE CASE HAS RECOMMENDED THAT THE OFFENDER BE 5,852
CLASSIFIED AS BEING ELIGIBLE FOR INTERVENTION IN LIEU OF 5,853
CONVICTION UNDER THIS SECTION. 5,854
(5) THE OFFENDER HAS BEEN ASSESSED BY AN APPROPRIATELY 5,856
LICENSED PROVIDER, CERTIFIED FACILITY, OR LICENSED AND 5,857
CREDENTIALED PROFESSIONAL, INCLUDING, BUT NOT LIMITED TO, A 5,858
PROGRAM LICENSED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 5,859
SERVICES PURSUANT TO SECTION 3793.11 OF THE REVISED CODE, A 5,861
PROGRAM CERTIFIED BY THAT DEPARTMENT PURSUANT TO SECTION 3793.06 5,862
OF THE REVISED CODE, A PUBLIC OR PRIVATE HOSPITAL, THE UNITED 5,865
STATES DEPARTMENT OF VETERANS AFFAIRS, ANOTHER APPROPRIATE AGENCY 5,866
OF THE GOVERNMENT OF THE UNITED STATES, OR A LICENSED PHYSICIAN, 5,869
PSYCHIATRIST, PSYCHOLOGIST, INDEPENDENT SOCIAL WORKER, 5,870
PROFESSIONAL COUNSELOR, OR CHEMICAL DEPENDENCY COUNSELOR FOR THE 5,871
PURPOSE OF DETERMINING THE OFFENDER'S ELIGIBILITY FOR
INTERVENTION IN LIEU OF CONVICTION AND RECOMMENDING AN 5,872
APPROPRIATE INTERVENTION PLAN. 5,873
(6) THE OFFENDER'S DRUG OR ALCOHOL USAGE WAS A FACTOR 5,875
LEADING TO THE CRIMINAL OFFENSE WITH WHICH THE OFFENDER IS 5,876
CHARGED, INTERVENTION IN LIEU OF CONVICTION WOULD NOT DEMEAN THE 5,877
SERIOUSNESS OF THE OFFENSE, AND INTERVENTION WOULD SUBSTANTIALLY 5,878
REDUCE THE LIKELIHOOD OF ANY FUTURE CRIMINAL ACTIVITY. 5,879
(7) THE OFFENDER IS WILLING TO COMPLY WITH ALL TERMS AND 5,881
CONDITIONS IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS 5,883
SECTION.
(C) AT THE CONCLUSION OF A HEARING HELD PURSUANT TO 5,886
DIVISION (A) OF THIS SECTION, THE COURT SHALL ENTER ITS 5,888
134
DETERMINATION AS TO WHETHER THE OFFENDER IS ELIGIBLE FOR 5,889
INTERVENTION IN LIEU OF CONVICTION AND AS TO WHETHER TO GRANT THE 5,890
OFFENDER'S REQUEST. IF THE COURT FINDS THAT THE OFFENDER IS 5,891
ELIGIBLE AND GRANTS THE OFFENDER'S REQUEST, THE COURT SHALL 5,892
ACCEPT THE OFFENDER'S PLEA OF GUILTY AND WAIVER OF THE 5,893
DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE 5,894
TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN 5,895
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE 5,896
HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED. IN 5,897
ADDITION, THE COURT THEN MAY STAY ALL CRIMINAL PROCEEDINGS AND 5,898
ORDER THE OFFENDER TO COMPLY WITH ALL TERMS AND CONDITIONS 5,899
IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS SECTION. 5,900
IF THE COURT FINDS THAT THE OFFENDER IS NOT ELIGIBLE OR DOES NOT 5,901
GRANT THE OFFENDER'S REQUEST, THE CRIMINAL PROCEEDINGS AGAINST 5,902
THE OFFENDER SHALL PROCEED AS IF THE OFFENDER'S REQUEST FOR 5,903
INTERVENTION IN LIEU OF CONVICTION HAD NOT BEEN MADE. 5,904
(D) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 5,907
INTERVENTION IN LIEU OF CONVICTION, THE COURT SHALL PLACE THE 5,908
OFFENDER UNDER THE GENERAL CONTROL AND SUPERVISION OF THE COUNTY 5,909
PROBATION DEPARTMENT, THE ADULT PAROLE AUTHORITY, OR ANOTHER 5,910
APPROPRIATE LOCAL PROBATION OR COURT SERVICES AGENCY, IF ONE 5,911
EXISTS, AS IF THE OFFENDER WAS SUBJECT TO A COMMUNITY CONTROL 5,912
SANCTION IMPOSED UNDER SECTION 2929.15 OR 2929.18 OF THE REVISED 5,913
CODE OR WAS ON PROBATION UNDER SECTIONS 2929.51 AND 2951.02 OF 5,914
THE REVISED CODE AND OTHER PROVISIONS OF THE MISDEMEANOR 5,916
SENTENCING LAW. THE COURT SHALL ESTABLISH AN INTERVENTION PLAN 5,917
FOR THE OFFENDER. THE TERMS AND CONDITIONS OF THE INTERVENTION 5,918
PLAN SHALL REQUIRE THE OFFENDER, FOR AT LEAST ONE YEAR FROM THE 5,919
DATE ON WHICH THE COURT GRANTS THE ORDER OF INTERVENTION IN LIEU 5,920
OF CONVICTION, TO ABSTAIN FROM THE USE OF ILLEGAL DRUGS AND 5,921
ALCOHOL AND TO SUBMIT TO REGULAR RANDOM TESTING FOR DRUG AND 5,922
ALCOHOL USE AND MAY INCLUDE ANY OTHER TREATMENT TERMS AND 5,923
CONDITIONS, OR TERMS AND CONDITIONS SIMILAR TO COMMUNITY CONTROL 5,924
SANCTIONS, THAT ARE ORDERED BY THE COURT. 5,925
135
(E) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 5,928
INTERVENTION IN LIEU OF CONVICTION AND THE COURT FINDS THAT THE 5,929
OFFENDER HAS SUCCESSFULLY COMPLETED THE INTERVENTION PLAN FOR THE 5,930
OFFENDER, INCLUDING THE REQUIREMENT THAT THE OFFENDER ABSTAIN 5,931
FROM USING DRUGS AND ALCOHOL FOR A PERIOD OF AT LEAST ONE YEAR 5,932
FROM THE DATE ON WHICH THE COURT GRANTED THE ORDER OF 5,933
INTERVENTION IN LIEU OF CONVICTION AND ALL OTHER TERMS AND 5,934
CONDITIONS ORDERED BY THE COURT, THE COURT SHALL DISMISS THE 5,935
PROCEEDINGS AGAINST THE OFFENDER. SUCCESSFUL COMPLETION OF THE 5,936
INTERVENTION PLAN AND PERIOD OF ABSTINENCE UNDER THIS SECTION 5,937
SHALL BE WITHOUT ADJUDICATION OF GUILT AND IS NOT A CRIMINAL 5,938
CONVICTION FOR PURPOSES OF ANY DISQUALIFICATION OR DISABILITY 5,939
IMPOSED BY LAW AND UPON CONVICTION OF A CRIME, AND THE COURT MAY 5,940
ORDER THE SEALING OF RECORDS RELATED TO THE OFFENSE IN QUESTION 5,941
IN THE MANNER PROVIDED IN SECTIONS 2953.31 TO 2953.36 OF THE 5,942
REVISED CODE. 5,943
(F) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 5,946
INTERVENTION IN LIEU OF CONVICTION AND THE OFFENDER FAILS TO 5,947
COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF THE 5,948
INTERVENTION PLAN FOR THE OFFENDER, THE SUPERVISING AUTHORITY FOR 5,949
THE OFFENDER PROMPTLY SHALL ADVISE THE COURT OF THIS FAILURE, AND 5,950
THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER THE OFFENDER 5,951
FAILED TO COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF 5,952
THE PLAN. IF THE COURT DETERMINES THAT THE OFFENDER HAS FAILED 5,953
TO COMPLY WITH ANY OF THOSE TERMS AND CONDITIONS, IT SHALL ENTER 5,954
A FINDING OF GUILTY AND SHALL IMPOSE AN APPROPRIATE SANCTION 5,955
UNDER SECTIONS 2929.15 TO 2929.18 OF THE REVISED CODE OR, IF THE 5,956
OFFENSE IN QUESTION WAS A MISDEMEANOR, A SENTENCE UNDER SECTION 5,957
2929.21 OF THE REVISED CODE AND OTHER PROVISIONS OF THE 5,959
MISDEMEANOR SENTENCING LAW. IF THE OFFENDER WAS CHARGED WITH A 5,960
FELONY, IN PUNISHING THE OFFENDER FOR A VIOLATION, THE COURT 5,961
SHALL CONSIDER SECTION 2929.13 AND DIVISION (E) OF SECTION 5,962
2929.15 OF THE REVISED CODE. 5,963
(G) AS USED IN THIS SECTION: 5,966
136
(1) "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS 5,968
IN SECTION 2929.01 OF THE REVISED CODE. 5,970
(2) "INTERVENTION IN LIEU OF CONVICTION" MEANS ANY 5,972
COURT-SUPERVISED ACTIVITY THAT COMPLIES WITH THIS SECTION. 5,974
Sec. 2953.08. (A) In addition to any other right to 5,984
appeal and except as provided in division (D) of this section, a 5,985
defendant who is convicted of or pleads guilty to a felony may 5,986
appeal as a matter of right the sentence imposed upon the 5,987
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum 5,989
prison term allowed for the offense by division (A) of section 5,990
2929.14 of the Revised Code and, THE SENTENCE was not imposed 5,992
pursuant to division (D)(3)(b) of section 2929.14 of the Revised 5,993
Code, THE MAXIMUM PRISON TERM WAS NOT REQUIRED FOR THE OFFENSE 5,994
PURSUANT TO CHAPTER 2925. OR ANY OTHER PROVISION OF THE REVISED 5,995
CODE, and the court imposed it THE SENTENCE under one of the 5,996
following circumstances:
(a) The sentence was imposed for only one offense. 5,998
(b) The sentence was imposed for two or more offenses 6,001
arising out of a single incident, and the court imposed the 6,002
maximum prison term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, 6,004
the offense for which it was imposed is a felony of the fourth or 6,005
fifth degree or is a felony drug offense that is a violation of a 6,006
provision of Chapter 2925. of the Revised Code and that is 6,007
specified as being subject to division (B) of section 2929.13 of 6,008
the Revised Code for purposes of sentencing, and the court did 6,009
not specify at sentencing that it found one or more factors 6,010
specified in divisions (B)(1)(a) to (h)(i) of section 2929.13 of 6,012
the Revised Code to apply relative to the defendant. If the 6,014
court specifies that it found one or more of those factors to 6,015
apply relative to the defendant, the defendant is not entitled 6,016
under this division to appeal as a matter of right the sentence 6,017
imposed upon the offender.
137
(3) The person was convicted of or pleaded guilty to a 6,019
sexually violent offense, was adjudicated as being a sexually 6,020
violent predator, and was sentenced pursuant to division (A)(3) 6,021
of section 2971.03 of the Revised Code, if the minimum term of 6,023
the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available 6,024
for the offense from among the range of terms listed in section 6,026
2929.14 of the Revised Code. As used in this division, "sexually 6,028
violent offense" and "sexually violent predator" have the same
meanings as in section 2971.01 of the Revised Code. 6,029
(4) The sentence is contrary to law. 6,031
(5) THE SENTENCE CONSISTED OF AN ADDITIONAL PRISON TERM OF 6,033
TEN YEARS IMPOSED PURSUANT TO DIVISION (D)(2)(b) OF SECTION 6,034
2929.14 OF THE REVISED CODE. 6,035
(6) The sentence consisted of an additional prison term of 6,037
ten years imposed pursuant to division (D)(3)(b) of section 6,038
2929.14 of the Revised Code. 6,039
(B) In addition to any other right to appeal and except as 6,042
provided in division (D) of this section, a prosecuting attorney, 6,043
a city director of law, village solicitor, or similar chief legal 6,044
officer of a municipal corporation, or the attorney general, if 6,045
one of those persons prosecuted the case, may appeal as a matter 6,046
of right a sentence imposed upon a defendant who is convicted of 6,047
or pleads guilty to a felony or, in the circumstances described 6,048
in division (B)(3) of this section the modification of a sentence 6,049
imposed upon such a defendant, on any of the following grounds: 6,050
(1) The sentence did not include a prison term despite a 6,053
presumption favoring a prison term for the offense for which it 6,054
was imposed, as set forth in section 2929.13 or Chapter 2925. of 6,055
the Revised Code.
(2) The sentence is contrary to law. 6,057
(3) The sentence is a modification under section 2929.20 6,059
of the Revised Code of a sentence that was imposed for a felony 6,060
of the first or second degree.
138
(C) In addition to the right to appeal a sentence granted 6,063
under division (A) or (B) of this section, a defendant who is 6,064
convicted of or pleads guilty to a felony may seek leave to 6,065
appeal a sentence imposed upon the defendant on the basis that 6,066
the sentencing judge has imposed consecutive sentences under 6,067
division (E)(3) or (4) of section 2929.14 of the Revised Code and 6,068
that the consecutive sentences exceed the maximum prison term 6,069
allowed by division (A) of that section for the most serious 6,070
offense of which the defendant was convicted. Upon the filing of 6,071
a motion under this division, the court of appeals may grant 6,073
leave to appeal the sentence if the court determines that the 6,074
allegation included as the basis of the motion is true. 6,075
(D) A sentence imposed upon a defendant is not subject to 6,078
review under this section if the sentence is authorized by law, 6,079
has been recommended jointly by the defendant and the prosecution 6,080
in the case, and is imposed by a sentencing judge. A sentence 6,081
imposed for aggravated murder or murder pursuant to sections 6,082
2929.02 to 2929.06 of the Revised Code is not subject to review 6,083
under this section.
(E) A defendant, prosecuting attorney, city director of 6,086
law, village solicitor, or chief municipal legal officer shall 6,087
file an appeal of a sentence under this section to a court of 6,088
appeals within the time limits specified in Rule 4(B) of the 6,089
Rules of Appellate Procedure, provided that if the appeal is 6,090
pursuant to division (B)(3) of this section, the time limits 6,091
specified in that rule shall not commence running until the court 6,092
grants the motion that makes the sentence modification in 6,093
question. A sentence appeal under this section shall be 6,094
consolidated with any other appeal in the case. If no other 6,095
appeal is filed, the court of appeals may review only the 6,096
portions of the trial record that pertain to sentencing. 6,097
(F) On the appeal of a sentence under this section, the 6,100
record to be reviewed shall include all of the following, as 6,101
applicable:
139
(1) Any presentence, psychiatric, or other investigative 6,104
report that was submitted to the court in writing before the 6,105
sentence was imposed. An appellate court that reviews a 6,106
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in 6,107
connection with the appeal of a sentence under this section shall 6,108
comply with division (D)(3) of section 2951.03 of the Revised 6,109
Code when the appellate court is not using the presentence 6,110
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection 6,111
with the appeal of a sentence under this section does not affect 6,112
the otherwise confidential character of the contents of that 6,113
report as described in division (D)(1) of section 2951.03 of the 6,114
Revised Code and does not cause that report to become a public 6,115
record, as defined in section 149.43 of the Revised Code,
following the appellate court's use of the report. 6,116
(2) The trial record in the case in which the sentence was 6,119
imposed;
(3) Any oral or written statements made to or by the court 6,122
at the sentencing hearing at which the sentence was imposed; 6,123
(4) Any written findings that the court was required to 6,125
make in connection with the modification of the sentence pursuant 6,126
to a judicial release under division (H) of section 2929.20 of 6,128
the Revised Code.
(G)(1) The court hearing an appeal of a sentence under 6,130
division (A) or (B)(1) or (2) of this section may increase, 6,132
reduce, or otherwise modify a sentence that is appealed under 6,133
this section or may vacate the sentence and remand the matter to 6,134
the trial court for resentencing if the court clearly and 6,135
convincingly finds any of the following:
(a) That the record does not support the sentence; 6,137
(b) That the sentence included a prison term, that the 6,139
offense for which it was imposed is a felony of the fourth or 6,140
fifth degree or is a felony drug offense that is a violation of a 6,141
140
provision of Chapter 2925. of the Revised Code and that is 6,142
specified as being subject to division (B) of section 2929.13 of 6,143
the Revised Code for purposes of sentencing, that the court did 6,144
not specify in the finding it makes at sentencing that it found 6,145
one or more of the factors specified in divisions (B)(1)(a) to 6,146
(h) of section 2929.13 of the Revised Code to apply relative to 6,148
the defendant who brought the appeal, and either that the
procedures set forth in division (B) of section 2929.13 of the 6,149
Revised Code for determining whether to impose a prison term for 6,151
such an offense were not followed or that those procedures were 6,152
followed but there is an insufficient basis for imposing a prison 6,153
term for the offense;
(c) That the sentence did not include a prison term, that 6,155
the offense for which it was imposed is a felony of the first or 6,156
second degree or is a felony drug offense that is a violation of 6,157
a provision of Chapter 2925. of the Revised Code for which a 6,158
presumption in favor of a prison term is specified as being 6,159
applicable, and either that the procedures set forth in division 6,160
(D) of section 2929.13 of the Revised Code that set forth the 6,161
only circumstances in which the presumption may be overridden and 6,162
a sanction other than a prison term may be imposed in lieu of a 6,163
prison term were not followed or that those procedures were 6,164
followed but there is an insufficient basis for overriding the 6,165
presumption and imposing a sanction other than a prison term for 6,166
the offense; 6,167
(d) That the sentence is otherwise contrary to law. 6,169
(2) The court hearing an appeal under division (B)(3) of 6,171
this section of a trial court's modification pursuant to section 6,172
2929.20 of the Revised Code of a sentence that was imposed upon a 6,173
defendant for a felony of a first or second degree may overturn 6,174
the modification and reinstate the original sentence, or may 6,175
vacate the modification of the sentence and remand the matter to 6,176
the trial court for reconsideration, only if the court clearly
and convincingly finds any of the following: 6,177
141
(a) That the record does not support the modification 6,179
based on the criteria for modification set forth in division (H) 6,180
of section 2929.20 of the Revised Code; 6,181
(b) That the modification was not made in accordance with 6,183
the procedures set forth in section 2929.20 of the Revised Code, 6,184
that the defendant was not eligible for the modification under 6,185
that section, or that the modification otherwise was contrary to 6,186
law.
(H) A judgment or final order of a court of appeals under 6,189
this section may be appealed, by leave of court, to the supreme 6,190
court.
(I)(1) There is hereby established the felony sentence 6,193
appeal cost oversight committee, consisting of eight members. 6,194
One member shall be the chief justice of the supreme court or a 6,195
representative of the court designated by the chief justice, one 6,196
member shall be a member of the senate appointed by the president 6,197
of the senate, one member shall be a member of the house of 6,198
representatives appointed by the speaker of the house of 6,199
representatives, one member shall be the director of budget and 6,200
management or a representative of the office of budget and 6,201
management designated by the director, one member shall be a 6,202
judge of a court of appeals, court of common pleas, municipal 6,203
court, or county court appointed by the chief justice of the 6,204
supreme court, one member shall be the state public defender or a 6,205
representative of the office of the state public defender 6,206
designated by the state public defender, one member shall be a 6,207
prosecuting attorney appointed by the Ohio prosecuting attorneys 6,208
association, and one member shall be a county commissioner 6,209
appointed by the county commissioners association of Ohio. No 6,210
more than three of the appointed members of the committee may be 6,211
members of the same political party.
The president of the senate, the speaker of the house of 6,213
representatives, the chief justice of the supreme court, the Ohio 6,215
prosecuting attorneys association, and the county commissioners
142
association of Ohio shall make the initial appointments to the 6,217
committee of the appointed members no later than ninety days 6,218
after July 1, 1996. Of those initial appointments to the 6,219
committee, the members appointed by the speaker of the house of 6,220
representatives and the Ohio prosecuting attorneys association 6,222
shall serve a term ending two years after July 1, 1996, the
member appointed by the chief justice of the supreme court shall 6,224
serve a term ending three years after July 1, 1996, and the 6,225
members appointed by the president of the senate and the county 6,227
commissioners association of Ohio shall serve terms ending four 6,229
years after July 1, 1996. Thereafter, terms of office of the
appointed members shall be for four years, with each term ending 6,231
on the same day of the same month as did the term that it 6,232
succeeds. Members may be reappointed. Vacancies shall be filled 6,233
in the same manner provided for original appointments. A member 6,234
appointed to fill a vacancy occurring prior to the expiration of 6,235
the term for which that member's predecessor was appointed shall 6,236
hold office as a member for the remainder of the predecessor's 6,237
term. An appointed member shall continue in office subsequent to 6,238
the expiration date of that member's term until that member's 6,239
successor takes office or until a period of sixty days has 6,240
elapsed, whichever occurs first. 6,241
If the chief justice of the supreme court, the director of 6,243
the office of budget and management, or the state public defender 6,245
serves as a member of the committee, that person's term of office 6,246
as a member shall continue for as long as that person holds 6,247
office as chief justice, director of the office of budget and 6,248
management, or state public defender. If the chief justice of 6,249
the supreme court designates a representative of the court to
serve as a member, the director of budget and management 6,250
designates a representative of the office of budget and 6,251
management to serve as a member, or the state public defender 6,253
designates a representative of the office of the state public 6,254
defender to serve as a member, the person so designated shall 6,255
143
serve as a member of the commission for as long as the official 6,256
who made the designation holds office as chief justice, director 6,257
of the office of budget and management, or state public defender 6,258
or until that official revokes the designation.
The chief justice of the supreme court or the 6,260
representative of the supreme court appointed by the chief 6,261
justice shall serve as chairperson of the committee. The 6,262
committee shall meet within two weeks after all appointed members 6,263
have been appointed and shall organize as necessary. Thereafter, 6,264
the committee shall meet at least once every six months or more 6,265
often upon the call of the chairperson or the written request of 6,266
three or more members, provided that the committee shall not meet 6,267
unless moneys have been appropriated to the judiciary budget 6,268
administered by the supreme court specifically for the purpose of 6,269
providing financial assistance to counties under division (I)(2) 6,270
of this section and the moneys so appropriated then are available 6,271
for that purpose.
The members of the committee shall serve without 6,273
compensation, but, if moneys have been appropriated to the 6,274
judiciary budget administered by the supreme court specifically 6,275
for the purpose of providing financial assistance to counties 6,276
under division (I)(2) of this section, each member shall be 6,277
reimbursed out of the moneys so appropriated that then are 6,278
available for actual and necessary expenses incurred in the 6,279
performance of official duties as a committee member. 6,280
(2) The state criminal sentencing commission periodically 6,282
shall provide to the felony sentence appeal cost oversight 6,283
committee all data the commission collects pursuant to division 6,284
(A)(5) of section 181.25 of the Revised Code. Upon receipt of 6,286
the data from the state criminal sentencing commission, the 6,287
felony sentence appeal cost oversight committee periodically 6,288
shall review the data; determine whether any money has been 6,289
appropriated to the judiciary budget administered by the supreme 6,290
court specifically for the purpose of providing state financial 6,291
144
assistance to counties in accordance with this division for the 6,292
increase in expenses the counties experience as a result of the 6,293
felony sentence appeal provisions set forth in this section or as 6,294
a result of a postconviction relief proceeding brought under 6,295
division (A)(2) of section 2953.21 of the Revised Code or an 6,296
appeal of a judgment in that proceeding; if it determines that 6,297
any money has been so appropriated, determine the total amount of 6,298
moneys that have been so appropriated specifically for that 6,299
purpose and that then are available for that purpose; and develop 6,300
a recommended method of distributing those moneys to the 6,301
counties. The committee shall send a copy of its recommendation 6,302
to the supreme court. Upon receipt of the committee's 6,303
recommendation, the supreme court shall distribute to the 6,304
counties, based upon that recommendation, the moneys that have 6,305
been so appropriated specifically for the purpose of providing
state financial assistance to counties under this division and 6,307
that then are available for that purpose.
Sec. 2967.131. (A) In addition to any other terms and 6,316
conditions of a conditional pardon or parole, of transitional 6,318
control, or of another form of authorized release from 6,320
confinement in a state correctional institution that is granted 6,321
to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, 6,322
and in addition to any other sanctions of post-release control of 6,323
a felon imposed under section 2967.28 of the Revised Code, the 6,324
authority or, in the case of a conditional pardon, the governor 6,325
shall include in the terms and conditions of the conditional 6,326
pardon, parole, transitional control, or other form of authorized 6,327
release or shall include as a condition CONDITIONS of the 6,329
post-release control the condition CONDITIONS THAT THE INDIVIDUAL 6,330
OR FELON NOT LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR 6,331
THE INDIVIDUAL'S OR FELON'S PAROLE OR PROBATION OFFICER AND that 6,332
the individual or felon abide by the law, including, but not 6,334
limited to, complying with the provisions of Chapter 2923. of the 6,336
145
Revised Code relating to the possession, sale, furnishing, 6,337
transfer, disposition, purchase, acquisition, carrying, 6,338
conveying, or use of, or other conduct involving, a firearm or
dangerous ordnance, as defined in section 2923.11 of the Revised 6,339
Code, during the period of the individual's or felon's 6,341
conditional pardon, parole, transitional control, other form of 6,343
authorized release, or post-release control. 6,345
(B) During the period of a conditional pardon or parole, 6,347
of transitional control, or of another form of authorized release 6,350
from confinement in a state correctional institution that is 6,351
granted to an individual and that involves the placement of the 6,352
individual under the supervision of the adult parole authority,
and during a period of post-release control of a felon imposed 6,353
under section 2967.28 of the Revised Code, authorized field 6,355
officers of the authority who are engaged within the scope of
their supervisory duties or responsibilities may search, with or 6,356
without a warrant, the person of the individual or felon, the 6,358
place of residence of the individual or felon, and a motor 6,361
vehicle, another item of tangible or intangible personal
property, or other real property in which the individual or felon 6,363
has a right, title, or interest or for which the individual or 6,365
felon has the express or implied permission of a person with a 6,368
right, title, or interest to use, occupy, or possess, if the 6,369
field officers have reasonable grounds to believe that the 6,371
individual or felon HAS LEFT THE STATE, is not abiding by the 6,373
law, or otherwise is not complying with the terms and conditions 6,374
of the individual's or felon's conditional pardon, parole, 6,375
transitional control, other form of authorized release, or 6,378
post-release control. The authority shall provide each 6,379
individual who is granted a conditional pardon or parole, 6,380
transitional control, or another form of authorized release from 6,381
confinement in a state correctional institution and each felon 6,382
who is under post-release control with a written notice that 6,384
informs the individual or felon that authorized field officers of 6,386
146
the authority who are engaged within the scope of their 6,389
supervisory duties or responsibilities may conduct those types of 6,390
searches during the period of the conditional pardon, parole, 6,391
transitional control, other form of authorized release, or 6,392
post-release control if they have reasonable grounds to believe 6,393
that the individual or felon HAS LEFT THE STATE, is not abiding 6,395
by the law, or otherwise is not complying with the terms and 6,396
conditions of the individual's or felon's conditional pardon, 6,399
parole, transitional control, other form of authorized release, 6,401
or post-release control.
Sec. 2967.141. (A) As used in this section, "alternative 6,411
residential facility" has the same meaning as in section 2929.01 6,412
of the Revised Code. 6,413
(B) The department of rehabilitation and correction, 6,416
through its division of parole and community services, may 6,417
operate or contract for the operation of one or more violation 6,418
sanction centers as an alternative residential facility. A 6,419
violation sanction center operated under authority of this 6,420
division is not a prison within the meaning of division (CC)(BB) 6,421
of section 2929.01 of the Revised Code. A violation sanction 6,422
center operated under authority of this division may be used for 6,423
either of the following purposes: 6,424
(1) Service of the term of a more restrictive post-release 6,427
control sanction that the parole board, subsequent to a hearing, 6,428
imposes pursuant to division (F)(2) of section 2967.28 of the 6,430
Revised Code upon a releasee who has violated a post-release 6,431
control sanction imposed upon the releasee under that section; 6,432
(2) Service of a sanction that the adult parole authority 6,434
or parole board imposes upon a parolee whom the authority 6,435
determines to be a parole violator because of a violation of the 6,436
terms and conditions of the parolee's parole or conditional 6,437
pardon. 6,438
(C) If a violation sanction center is established under 6,441
the authority of this section, notwithstanding the fact that the 6,442
147
center is an alternative residential facility for the purposes 6,443
described in division (B) of this section, the center shall be 6,445
used only for the purposes described in that division. A
violation sanction center established under the authority of this 6,446
section is not an alternative residential facility for the 6,447
purpose of imposing sentence on an offender who is convicted of 6,448
or pleads guilty to a felony, and a court that is sentencing an 6,450
offender for a felony pursuant to sections 2929.11 to 2929.19 of
the Revised Code shall not sentence the offender to a community 6,452
residential sanction that requires the offender to serve a term 6,453
in the center.
(D) If a releasee is ordered to serve a sanction in a 6,455
violation sanction center, as described in division (B)(1) of 6,456
this section, all of the following apply: 6,457
(1) The releasee shall not be considered to be under a new 6,459
prison term for a violation of post-release control. 6,460
(2) The time the releasee serves in the center shall not 6,462
count toward, and shall not be considered in determining, the 6,463
maximum cumulative prison term for all violations that is 6,464
described in division (F)(3) of section 2967.28 of the Revised 6,465
Code.
(3) The time the releasee serves in the center shall count 6,467
as part of, and shall be credited toward, the remaining period of 6,468
post-release control that is applicable to the releasee. 6,469
Sec. 2967.16. (A) Except as provided in division (D) of 6,478
this section, when a paroled prisoner has faithfully performed 6,481
the conditions and obligations of the paroled prisoner's parole
and has obeyed the rules and regulations adopted by the adult 6,482
parole authority that apply to the paroled prisoner, the 6,483
authority upon the recommendation of the superintendent of parole 6,484
supervision may enter upon its minutes a final release and 6,485
thereupon shall issue to the paroled prisoner a certificate of 6,486
final release, but the authority shall not grant a final release 6,487
earlier than one year after the paroled prisoner is released from 6,488
148
the institution on parole, and, in the case of a paroled prisoner 6,490
whose minimum sentence is life imprisonment, the authority shall 6,491
not grant a final release earlier than five years after the
paroled prisoner is released from the institution on parole. 6,492
(B) When a prisoner who has been released under a period 6,494
of post-release control pursuant to section 2967.28 of the 6,495
Revised Code has faithfully performed the conditions and 6,497
obligations of the released prisoner's post-release control
sanctions and has obeyed the rules and regulations adopted by the 6,499
adult parole authority that apply to the released prisoner, the 6,500
authority, upon the recommendation of the superintendent of 6,501
parole supervision, may enter upon its minutes a final release 6,502
and, upon the entry of the final release, shall issue to the 6,503
released prisoner a certificate of final release. The IN THE 6,505
CASE OF A PRISONER WHO HAS BEEN RELEASED UNDER A PERIOD OF 6,506
POST-RELEASE CONTROL PURSUANT TO DIVISION (B) OF SECTION 2967.28
OF THE REVISED CODE, THE authority shall not grant a final 6,507
release earlier than one year after the released prisoner is 6,509
released from the institution under a period of post-release 6,510
control, and, in. IN the case of a released prisoner whose 6,512
sentence is life imprisonment, the authority shall not grant a 6,514
final release earlier than five years after the released prisoner 6,515
is released from the institution under a period of post-release 6,516
control.
(C) The following prisoners or person shall be restored to 6,518
the rights and privileges forfeited by a conviction: 6,520
(1) A prisoner who has served the entire prison term that 6,523
comprises or is part of the prisoner's sentence and has not been 6,524
placed under any post-release control sanctions;
(2) A prisoner who has been granted a final release by the 6,526
adult parole authority pursuant to division (A) or (B) of this 6,527
section; 6,528
(3) A person who has completed the period of a community 6,530
control sanction or combination of community control sanctions, 6,532
149
as defined in section 2929.01 of the Revised Code, that was 6,533
imposed by the sentencing court.
(D) Division (A) of this section does not apply to a 6,535
prisoner in the shock incarceration program established pursuant 6,536
to section 5120.031 of the Revised Code. 6,537
(E) The adult parole authority shall record the final 6,539
release of a parolee or prisoner in the official minutes of the 6,540
authority.
Sec. 2967.26. (A)(1) The department of rehabilitation and 6,549
correction, by rule, may establish a transitional control program 6,551
for the purpose of closely monitoring a prisoner's adjustment to 6,552
community supervision during the final one hundred eighty days of 6,553
the prisoner's confinement. If the department establishes a 6,554
transitional control program under this division, the adult 6,555
parole authority may transfer eligible prisoners to transitional 6,556
control status under the program during the final one hundred 6,557
eighty days of their confinement and under the terms and 6,558
conditions established by the department, shall provide for the 6,559
confinement as provided in this division of each eligible 6,560
prisoner so transferred, and shall supervise each eligible 6,561
prisoner so transferred in one or more community control 6,562
sanctions. Each eligible prisoner who is transferred to 6,563
transitional control status under the program shall be confined 6,564
in a suitable facility that is licensed pursuant to division (C) 6,566
of section 2967.14 of the Revised Code, or shall be confined in a 6,567
residence the department has approved for this purpose and be 6,568
monitored pursuant to an electronic monitoring device, as defined 6,570
in section 2929.23 of the Revised Code. If the department 6,571
establishes a transitional control program under this division, 6,572
the rules establishing the program shall include criteria that 6,573
define which prisoners are eligible for the program, criteria 6,574
that must be satisfied to be approved as a residence that may be 6,575
used for confinement under the program of a prisoner that is 6,576
transferred to it and procedures for the department to approve 6,577
150
residences that satisfy those criteria, and provisions of the 6,578
type described in division (C) of this section. At a minimum, 6,580
the criteria that define which prisoners are eligible for the 6,581
program shall provide all of the following: 6,582
(a) That a prisoner is eligible for the program if the 6,585
prisoner is serving a prison term or term of imprisonment for an 6,586
offense committed prior to the effective date of this amendment 6,587
and if, at the time at which eligibility is being determined, the 6,588
prisoner would have been eligible for a furlough under this 6,589
section as it existed immediately prior to the effective date of 6,590
this amendment or would have been eligible for conditional 6,591
release under former section 2967.23 of the Revised Code as that 6,592
section existed immediately prior to the effective date of this 6,593
amendment;
(b) That no prisoner who is serving a mandatory prison 6,596
term is eligible for the program until after expiration of the 6,597
mandatory term;
(c) That no prisoner who is serving a prison term or term 6,600
of life imprisonment without parole imposed pursuant to section 6,601
2971.03 of the Revised Code is eligible for the program. 6,603
(2) At least three weeks prior to transferring to 6,606
transitional control under this section a prisoner who is serving 6,607
a term of imprisonment or prison term for an offense committed on 6,608
or after July 1, 1996, the adult parole authority shall give 6,609
notice of the pendency of the transfer to transitional control to 6,610
the court of common pleas of the county in which the indictment 6,611
against the prisoner was found and of the fact that the court may 6,612
disapprove the transfer of the prisoner to transitional control 6,614
AND SHALL INCLUDE A REPORT PREPARED BY THE HEAD OF THE STATE 6,615
CORRECTIONAL INSTITUTION IN WHICH THE PRISONER IS CONFINED. THE 6,616
HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER 6,617
IS CONFINED, UPON THE REQUEST OF THE ADULT PAROLE AUTHORITY,
SHALL PROVIDE TO THE AUTHORITY FOR INCLUSION IN THE NOTICE SENT 6,618
TO THE COURT UNDER THIS DIVISION A REPORT ON THE PRISONER'S 6,619
151
CONDUCT IN THE INSTITUTION AND IN ANY INSTITUTION FROM WHICH THE 6,620
PRISONER MAY HAVE BEEN TRANSFERRED. THE REPORT SHALL COVER THE 6,621
PRISONER'S PARTICIPATION IN SCHOOL, VOCATIONAL TRAINING, WORK,
TREATMENT, AND OTHER REHABILITATIVE ACTIVITIES AND ANY 6,622
DISCIPLINARY ACTION TAKEN AGAINST THE PRISONER. If the court 6,624
disapproves of the transfer of the prisoner to transitional
control, the court shall notify the authority of the disapproval 6,626
within ten THIRTY days after receipt of the notice. If the court 6,628
timely disapproves the transfer of the prisoner to transitional 6,630
control, the authority shall not proceed with the transfer. If 6,632
the court does not timely disapprove the transfer of the prisoner 6,633
to transitional control, the authority may transfer the prisoner 6,635
to transitional control.
(3) If the victim of an offense for which a prisoner was 6,637
sentenced to a prison term or term of imprisonment has requested 6,638
notification under section 2930.16 of the Revised Code and has 6,639
provided the department of rehabilitation and correction with the 6,640
victim's name and address, the adult parole authority, at least 6,641
three weeks prior to transferring the prisoner to transitional 6,643
control pursuant to this section, shall notify the victim of the 6,644
pendency of the transfer and of the victim's right to submit a 6,646
statement to the authority regarding the impact of the transfer 6,647
of the prisoner to transitional control. If the victim 6,648
subsequently submits a statement of that nature to the authority, 6,649
the authority shall consider the statement in deciding whether to 6,650
transfer the prisoner to transitional control. 6,652
(B) Each prisoner transferred to transitional control 6,655
under this section shall be confined in the manner described in 6,656
division (A) of this section during any period of time that the 6,657
prisoner is not actually working at the prisoner's approved 6,658
employment, engaged in a vocational training or another 6,660
educational program, engaged in another program designated by the 6,663
director, or engaged in other activities approved by the
department. 6,664
152
(C) The department of rehabilitation and correction shall 6,666
adopt rules for transferring eligible prisoners to transitional 6,668
control, supervising and confining prisoners so transferred, 6,669
administering the transitional control program in accordance with 6,671
this section, and using the moneys deposited into the 6,672
transitional control fund established under division (E) of this 6,673
section.
(D) The department of rehabilitation and correction may 6,675
adopt rules for the issuance of passes for the limited purposes 6,676
described in this division to prisoners who are transferred to 6,677
transitional control under this section. If the department 6,678
adopts rules of that nature, the rules shall govern the granting 6,679
of the passes and shall provide for the supervision of prisoners 6,680
who are temporarily released pursuant to one of those passes. 6,681
Upon the adoption of rules under this division, the department 6,683
may issue passes to prisoners who are transferred to transitional 6,684
control status under this section in accordance with the rules 6,685
and the provisions of this division. All passes issued under 6,686
this division shall be for a maximum of forty-eight hours and may 6,687
be issued only for the following purposes: 6,688
(1) To visit a dying relative; 6,690
(2) To attend the funeral of a relative; 6,692
(3) To visit with family; 6,694
(4) To otherwise aid in the rehabilitation of the 6,696
prisoner. 6,697
(E) The adult parole authority may require a prisoner who 6,701
is transferred to transitional control to pay to the division of 6,702
parole and community services the reasonable expenses incurred by 6,703
the division in supervising or confining the prisoner while under 6,704
transitional control. Inability to pay those reasonable expenses 6,706
shall not be grounds for refusing to transfer an otherwise 6,708
eligible prisoner to transitional control. Amounts received by 6,710
the division of parole and community services under this division 6,712
shall be deposited into the transitional control fund, which is 6,714
153
hereby created in the state treasury and which hereby replaces 6,715
and succeeds the furlough services fund that formerly existed in 6,716
the state treasury. All moneys that remain in the furlough 6,717
services fund on the effective date of this amendment shall be 6,718
transferred on that date to the transitional control fund. The 6,719
transitional control fund shall be used solely to pay costs 6,720
related to the operation of the transitional control program 6,721
established under this section. The director of rehabilitation 6,723
and correction shall adopt rules in accordance with section 6,724
111.15 of the Revised Code for the use of the fund.
(F) A prisoner who violates any rule established by the 6,726
department of rehabilitation and correction under division (A), 6,728
(C), or (D) of this section may be transferred to a state 6,730
correctional institution pursuant to rules adopted under division 6,731
(A), (C), or (D) of this section, but the prisoner shall receive 6,733
credit towards completing the prisoner's sentence for the time 6,734
spent under transitional control. 6,735
If a prisoner is transferred to transitional control under 6,737
this section, upon successful completion of the period of 6,738
transitional control, the prisoner may be released on parole or 6,740
under post-release control pursuant to section 2967.13 or 2967.28 6,741
of the Revised Code and rules adopted by the department of 6,742
rehabilitation and correction. If the prisoner is released under 6,743
post-release control, the duration of the post-release control, 6,745
the type of post-release control sanctions that may be imposed, 6,746
the enforcement of the sanctions, and the treatment of prisoners 6,747
who violate any sanction applicable to the prisoner are governed 6,748
by section 2967.28 of the Revised Code. 6,749
Sec. 2967.28. (A) As used in this section: 6,758
(1) "Monitored time" means the monitored time sanction 6,761
specified in section 2929.17 of the Revised Code. 6,762
(2) "Deadly weapon" and "dangerous ordnance" have the same 6,765
meanings as in section 2923.11 of the Revised Code. 6,766
(3) "Felony sex offense" means a violation of a section 6,768
154
contained in Chapter 2907. of the Revised Code that is a felony. 6,770
(B) Each sentence to a prison term for a felony of the 6,773
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony 6,775
sex offense and in the commission of which the offender caused or 6,776
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of 6,777
post-release control imposed by the parole board after the 6,778
offender's release from imprisonment. Unless reduced by the 6,779
parole board pursuant to division (D) of this section when 6,780
authorized under that division, a period of post-release control 6,782
required by this division for an offender shall be of one of the 6,783
following periods:
(1) For a felony of the first degree or for a felony sex 6,785
offense, five years; 6,786
(2) For a felony of the second degree that is not a felony 6,788
sex offense, three years; 6,789
(3) For a felony of the third degree that is not a felony 6,791
sex offense and in the commission of which the offender caused or 6,792
threatened physical harm to a person, three years. 6,793
(C) Any sentence to a prison term for a felony of the 6,796
third, fourth, or fifth degree that is not subject to division 6,797
(B)(1) or (3) of this section shall include a requirement that 6,798
the offender be subject to a period of post-release control of up 6,799
to three years after the offender's release from imprisonment, if 6,800
the parole board, in accordance with division (D) of this 6,801
section, determines that a period of post-release control is 6,802
necessary for that offender.
(D)(1) Before the prisoner is released from imprisonment, 6,805
the parole board shall impose upon a prisoner described in 6,807
division (B) of this section, may impose upon a prisoner 6,808
described in division (C) of this section, and shall impose upon 6,809
a prisoner described in division (B)(2)(b) of section 5120.031 or 6,810
in division (B)(1) of section 5120.032 of the Revised Code, one 6,812
155
or more post-release control sanctions to apply during the 6,813
prisoner's period of post-release control. Whenever the board
imposes one or more post-release control sanctions upon a 6,814
prisoner, the board, in addition to imposing the sanctions, also 6,815
shall include as a condition of the post-release control THAT the 6,816
mandatory condition described in division (A) of section 2967.131 6,818
of the Revised Code INDIVIDUAL OR FELON NOT LEAVE THE STATE 6,819
WITHOUT PERMISSION OF THE COURT OR THE INDIVIDUAL'S OR FELON'S
PAROLE OR PROBATION OFFICER AND THAT THE INDIVIDUAL OR FELON 6,820
ABIDE BY THE LAW. The board may impose any other conditions of 6,823
release under a post-release control sanction that the board
considers appropriate, AND THE CONDITIONS OF RELEASE MAY INCLUDE 6,824
ANY COMMUNITY RESIDENTIAL SANCTION, COMMUNITY NONRESIDENTIAL 6,825
SANCTION, OR FINANCIAL SANCTION THAT THE SENTENCING COURT WAS 6,826
AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 2929.16, 2929.17, AND 6,827
2929.18 OF THE REVISED CODE. Prior to the release of a prisoner 6,828
for whom it will impose one or more post-release control 6,829
sanctions under this division, the parole board shall review the
prisoner's criminal history, all juvenile court adjudications 6,832
finding the prisoner, while a juvenile, to be a delinquent child, 6,833
and the record of the prisoner's conduct while imprisoned. The 6,834
parole board shall consider any recommendation regarding
post-release control sanctions for the prisoner made by the 6,835
office of victims' services. After considering those materials, 6,836
the board shall determine, for a prisoner described in division 6,837
(B) of this section, division (B)(2)(b) of section 5120.031, or 6,839
division (B)(1) of section 5120.032 of the Revised Code, which 6,840
post-release control sanction or combination of post-release 6,841
control sanctions is reasonable under the circumstances or, for a 6,842
prisoner described in division (C) of this section, whether a 6,843
post-release control sanction is necessary and, if so, which 6,844
post-release control sanction or combination of post-release 6,845
control sanctions is reasonable under the circumstances. In the 6,846
case of a prisoner convicted of a felony of the fourth or fifth 6,848
156
degree other than a felony sex offense, the board shall presume
that monitored time is the appropriate post-release control 6,849
sanction unless the board determines that a more restrictive 6,850
sanction is warranted. A post-release control sanction imposed 6,851
under this division takes effect upon the prisoner's release from 6,852
imprisonment. 6,853
(2) At any time after a prisoner is released from 6,856
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole authority may review 6,859
the releasee's behavior under the post-release control sanctions 6,860
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the 6,861
standards established under division (E) of this section, that a 6,862
more restrictive or a less restrictive sanction is appropriate 6,864
and may impose a different sanction. Unless the period of 6,865
post-release control was imposed for an offense described in 6,866
division (B)(1) of this section, the authority also may recommend 6,867
that the parole board reduce the duration of the period of 6,868
post-release control imposed by the court. If the authority 6,869
recommends that the board reduce the duration of control for an 6,870
offense described in division (B)(2), (B)(3), or (C) of this 6,871
section, the board shall review the releasee's behavior and may 6,873
reduce the duration of the period of control imposed by the 6,874
court. In no case shall the board reduce the duration of the 6,875
period of control imposed by the court for an offense described
in division (B)(1) of this section, and in no case shall the 6,876
board eliminate the mandatory condition described in division (A) 6,877
of section 2967.131 of the Revised Code PERMIT THE RELEASEE TO 6,878
LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR THE RELEASEE'S 6,879
PAROLE OR PROBATION OFFICER. 6,880
(E) The department of rehabilitation and correction, in 6,882
accordance with Chapter 119. of the Revised Code, shall adopt 6,883
rules that do all of the following: 6,884
(1) Establish standards for the imposition by the parole 6,887
157
board of post-release control sanctions under this section that 6,888
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised Code and 6,890
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can 6,892
determine which prisoners described in division (C) of this 6,894
section should be placed under a period of post-release control; 6,895
(3) Establish standards to be used by the parole board in 6,898
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this 6,899
section, in imposing a more restrictive post-release control 6,901
sanction than monitored time upon a prisoner convicted of a
felony of the fourth or fifth degree other than a felony sex 6,903
offense, or in imposing a less restrictive control sanction upon 6,905
a releasee based on the releasee's activities including, but not 6,906
limited to, remaining free from criminal activity and from the 6,907
abuse of alcohol or other drugs, successfully participating in 6,908
approved rehabilitation programs, maintaining employment, and
paying restitution to the victim or meeting the terms of other 6,909
financial sanctions; 6,910
(4) Establish standards to be used by the adult parole 6,912
authority in modifying a releasee's post-release control 6,913
sanctions pursuant to division (D)(2) of this section; 6,914
(5) Establish standards to be used by the adult parole 6,916
authority or parole board in imposing further sanctions under 6,917
division (F) of this section on releasees who violate 6,918
post-release control sanctions, including standards that do the 6,919
following:
(a) Classify violations according to the degree of 6,921
seriousness;
(b) Define the circumstances under which formal action by 6,924
the parole board is warranted;
(c) Govern the use of evidence at violation hearings; 6,926
(d) Ensure procedural due process to an alleged violator; 6,928
158
(e) Prescribe nonresidential community control sanctions 6,931
for most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to 6,933
imprisonment for violations of post-release control. 6,934
(F)(1) If a post-release control sanction is imposed upon 6,936
an offender under this section, the offender upon release from 6,938
imprisonment shall be under the general jurisdiction of the adult 6,940
parole authority and generally shall be supervised by the parole 6,941
supervision section through its staff of parole and field
officers as described in section 5149.04 of the Revised Code, as 6,943
if the offender had been placed on parole. If the offender upon 6,944
release from imprisonment violates the post-release control 6,945
sanction or the mandatory condition ANY CONDITIONS described in 6,946
division (A) of section 2967.131 of the Revised Code THAT ARE 6,947
IMPOSED ON THE OFFENDER, the public or private person or entity 6,949
that operates or administers the sanction or the program or 6,950
activity that comprises the sanction shall report the violation 6,951
directly to the adult parole authority or to the officer of the 6,952
authority who supervises the offender. The authority's officers 6,953
may treat the offender as if the offender were on parole and in 6,954
violation of the parole, and otherwise shall comply with this 6,955
section.
(2) If the adult parole authority determines that a 6,957
releasee has violated a post-release control sanction or the 6,958
mandatory condition ANY CONDITIONS described in division (A) of 6,959
section 2967.131 of the Revised Code imposed upon the releasee 6,962
and that a more restrictive sanction is appropriate, the 6,963
authority may impose a more restrictive sanction upon the
releasee, in accordance with the standards established under 6,964
division (E) of this section, or may report the violation to the 6,966
parole board for a hearing pursuant to division (F)(3) of this 6,968
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control, OR 6,969
impose as a post-release control sanction a residential sanction 6,971
159
that includes a prison term, or eliminate the mandatory condition 6,972
described in division (A) of section 2967.131 BUT THE AUTHORITY 6,973
MAY IMPOSE ON THE RELEASEE ANY OTHER RESIDENTIAL SANCTION, 6,974
NONRESIDENTIAL SANCTION, OR FINANCIAL SANCTION THAT THE
SENTENCING COURT WAS AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 6,975
2929.16, 2929.17, AND 2929.18 of the Revised Code. 6,976
(3) The parole board may hold a hearing on any alleged 6,979
violation by a releasee of a post-release control sanction or the 6,980
mandatory condition ANY CONDITIONS described in division (A) of 6,981
section 2967.131 of the Revised Code THAT ARE imposed upon the 6,982
releasee. If after the hearing the board finds that the releasee 6,986
violated the sanction or mandatory condition, the board may 6,987
increase the duration of the releasee's post-release control up 6,988
to the maximum duration authorized by division (B) or (C) of this 6,990
section or impose a more restrictive post-release control
sanction, but in no case shall the board eliminate the mandatory 6,991
condition described in division (A) of section 2967.131 of the 6,992
Revised Code. When appropriate, the board may impose as a 6,994
post-release control sanction a residential sanction that 6,995
includes a prison term. The board shall consider a prison term 6,997
as a post-release control sanction imposed for a violation of 6,998
post-release control when the violation involves a deadly weapon 7,000
or dangerous ordnance, physical harm or attempted serious 7,001
physical harm to a person, or sexual misconduct, or when the 7,002
releasee committed repeated violations of post-release control 7,003
sanctions. The period of a prison term that is imposed as a 7,005
post-release control sanction under this division shall not
exceed nine months, and the maximum cumulative prison term for 7,006
all violations under this section shall not exceed one-half of 7,007
the stated prison term originally imposed upon the offender as 7,008
part of this sentence. The period of a prison term that is 7,009
imposed as a post-release control sanction under this division 7,010
shall not count as, or be credited toward, the remaining period 7,011
of post-release control.
160
(4) A releasee who has violated any post-release control 7,014
sanction or the mandatory condition ANY CONDITIONS described in 7,015
division (A) of section 2967.131 of the Revised Code THAT ARE 7,016
imposed upon the releasee by committing a felony may be 7,018
prosecuted for the new felony, and, upon conviction, the court 7,019
shall impose sentence for the new felony. In addition to the 7,020
sentence imposed for the new felony, the court may impose a 7,021
prison term for the violation, and the term imposed for the 7,022
violation shall be reduced by the prison term that is 7,023
administratively imposed by the parole board or adult parole 7,024
authority as a post-release control sanction. The maximum prison 7,025
term for the violation shall be either the maximum period of 7,026
post-release control for the earlier felony under division (B) or 7,028
(C) of this section minus any time the releasee has spent under 7,029
post-release control for the earlier felony or twelve months, 7,030
whichever is greater. A prison term imposed for the violation 7,031
shall be served consecutively to any prison term imposed for the 7,032
new felony. A prison term imposed for the violation, and a 7,033
prison term imposed for the new felony, shall not count as, or be 7,034
credited toward, the remaining period of post-release control
imposed for the earlier felony. 7,035
(5) Any period of post-release control shall commence upon 7,037
an offender's actual release from prison. If an offender is 7,038
serving an indefinite prison term or a life sentence in addition 7,039
to a stated prison term, the offender shall serve the period of 7,040
post-release control in the following manner: 7,041
(a) If a period of post-release control is imposed upon 7,043
the offender and if the offender also is subject to a period of 7,044
parole under a life sentence or an indefinite sentence, and if 7,045
the period of post-release control ends prior to the period of 7,046
parole, the offender shall be supervised on parole. The offender 7,047
shall receive credit for post-release control supervision during 7,048
the period of parole. The offender is not eligible for final 7,049
release under section 2967.16 of the Revised Code until the 7,050
161
post-release control period otherwise would have ended. 7,051
(b) If a period of post-release control is imposed upon 7,053
the offender and if the offender also is subject to a period of 7,054
parole under an indefinite sentence, and if the period of parole 7,055
ends prior to the period of post-release control, the offender 7,056
shall be supervised on post-release control. The requirements of 7,057
parole supervision shall be satisfied during the post-release 7,058
control period.
(c) If an offender is subject to more than one period of 7,060
post-release control, the period of post-release control for all 7,061
of the sentences shall be the period of post-release control that 7,062
expires last, as determined by the parole board. Periods of 7,063
post-release control shall be served concurrently and shall not 7,064
be imposed consecutively to each other.
(d) The period of post-release control for a releasee who 7,067
commits a felony while under post-release control for an earlier 7,068
felony shall be the longer of the period of post-release control 7,069
specified for the new felony under division (B) or (C) of this 7,070
section or the time remaining under the period of post-release 7,071
control imposed for the earlier felony as determined by the 7,072
parole board.
Sec. 3719.121. (A) Except as otherwise provided in 7,081
section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised 7,082
Code, the license, certificate, or registration of any dentist, 7,084
doctor of medicine or osteopathic medicine, podiatrist, 7,085
registered nurse, licensed practical nurse, physician assistant, 7,086
pharmacist, pharmacy intern, optometrist, or veterinarian who is 7,087
or becomes addicted to the use of controlled substances shall be 7,089
suspended by the board that authorized the person's license, 7,090
certificate, or registration until the person offers satisfactory 7,092
proof to the board that the person no longer is addicted to the 7,093
use of controlled substances. 7,094
(B) If the board under which a person has been issued a 7,097
license, certificate, or evidence of registration determines that 7,099
162
there is clear and convincing evidence that continuation of the 7,100
person's professional practice or method of prescribing or 7,101
personally furnishing controlled substances presents a danger of 7,104
immediate and serious harm to others, the board may suspend the 7,105
person's license, certificate, or registration without a hearing. 7,106
Except as otherwise provided in sections 4715.30, 4723.281, 7,107
4730.25, and 4731.22 of the Revised Code, the board shall follow 7,109
the procedure for suspension without a prior hearing in section 7,111
119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final 7,112
adjudication order becomes effective, except that if the board 7,113
does not issue its final adjudication order within ninety days 7,114
after the hearing, the suspension shall be void on the 7,115
ninety-first day after the hearing. 7,116
(C) On receiving notification pursuant to section 2929.24 7,118
or 3719.12 of the Revised Code, the board under which a person 7,119
has been issued a license, certificate, or evidence of 7,120
registration immediately shall suspend the license, certificate, 7,122
or registration of that person on a plea of guilty to, a finding 7,125
by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a finding by a court of the person's 7,127
eligibility for treatment INTERVENTION in lieu of conviction; a 7,128
plea of guilty to, or a finding by a jury or court of the 7,130
person's guilt of, or the person's conviction of an offense in 7,131
another jurisdiction that is essentially the same as a felony 7,132
drug abuse offense; or a finding by a court of the person's 7,133
eligibility for treatment OR INTERVENTION in lieu of conviction 7,134
in another jurisdiction. The board shall notify the holder of 7,135
the license, certificate, or registration of the suspension, 7,136
which shall remain in effect until the board holds an 7,138
adjudicatory hearing under Chapter 119. of the Revised Code. 7,139
Sec. 3719.70. (A) When testimony, information, or other 7,148
evidence in the possession of a person who uses, possesses, or 7,149
trafficks in any drug of abuse appears necessary to an 7,150
163
investigation by law enforcement authorities into illicit sources 7,151
of any drug of abuse, or appears necessary to successfully 7,152
institute, maintain, or conclude a prosecution for any drug abuse 7,153
offense, as defined in section 2925.01 of the Revised Code, a 7,154
judge of the court of common pleas may grant to that person 7,155
immunity from prosecution for any offense based upon the 7,156
testimony, information, or other evidence furnished by that 7,157
person, other than a prosecution of that person for giving false 7,158
testimony, information, or other evidence. 7,159
(B)(1) When a person is convicted of any misdemeanor drug 7,161
abuse offense, the court, in determining whether to suspend 7,163
sentence or place the person on probation, shall take into 7,164
consideration whether the person truthfully has revealed all 7,165
information within the person's knowledge concerning illicit 7,166
traffic in or use of drugs of abuse and, when required, has 7,168
testified as to that information in any proceeding to obtain a 7,169
search or arrest warrant against another or to prosecute another 7,170
for any offense involving a drug of abuse. The information shall 7,171
include, but is not limited to, the identity and whereabouts of 7,172
accomplices, accessories, aiders, and abettors, if any, of the 7,173
person or persons from whom any drug of abuse was obtained or to 7,174
whom any drug of abuse was distributed, and of persons known or 7,175
believed to be drug dependent persons, together with the location 7,176
of any place or places where and the manner in which any drug of 7,177
abuse is illegally cultivated, manufactured, sold, possessed, or 7,178
used. The information also shall include all facts and 7,179
circumstances surrounding any illicit traffic in or use of drugs 7,180
of abuse of that nature.
(2) If a person otherwise is eligible for treatment 7,182
INTERVENTION in lieu of conviction and being ordered to a period 7,185
of rehabilitation under section 2951.041 of the Revised Code as 7,187
an offender who is a drug dependent person or is in danger of 7,188
becoming a drug dependent person but the person has failed to 7,190
cooperate with law enforcement authorities by providing them with 7,191
164
the types of information described in division (B)(1) of this 7,192
section, the person's lack of cooperation may be considered by 7,194
the court under division (B) of section 2951.041 of the Revised 7,195
Code in determining whether to stay all criminal proceedings and 7,196
order the person to a requested period of rehabilitation 7,198
INTERVENTION.
(C) In the absence of a competent and voluntary waiver of 7,200
the right against self-incrimination, no information or testimony 7,201
furnished pursuant to division (B) of this section shall be used 7,202
in a prosecution of the person furnishing it for any offense 7,203
other than a prosecution of that person for giving false 7,204
testimony, information, or other evidence. 7,205
Sec. 3719.99. (A) Whoever violates section 3719.16 or 7,214
3719.161 of the Revised Code is guilty of a felony of the fifth 7,216
degree. If the offender previously has been convicted of a
violation of section 3719.16 or 3719.161 of the Revised Code or a 7,217
drug abuse offense, a violation of section 3719.16 or 3719.161 of 7,218
the Revised Code is a felony of the fourth degree. If the 7,219
violation involves the sale, offer to sell, or possession of a 7,220
schedule I or II controlled substance, with the exception of 7,221
marihuana, and if the offender, as a result of the violation, is 7,222
a major drug offender, division (D) of this section applies. 7,223
(B) Whoever violates division (C) or (D) of section 7,225
3719.172 of the Revised Code is guilty of a felony of the fifth 7,227
degree. If the offender previously has been convicted of a
violation of division (C) or (D) of section 3719.172 of the 7,228
Revised Code or a drug abuse offense, a violation of division (C) 7,229
or (D) of section 3719.172 of the Revised Code is a felony of the 7,231
fourth degree. If the violation involves the sale, offer to 7,232
sell, or possession of a schedule I or II controlled substance, 7,233
with the exception of marihuana, and if the offender, as a result 7,234
of the violation, is a major drug offender, division (D) of this 7,235
section applies.
(C) Whoever violates section 3719.07 or 3719.08 of the 7,237
165
Revised Code is guilty of a misdemeanor of the first degree. If 7,238
the offender previously has been convicted of a violation of 7,239
section 3719.07 or 3719.08 of the Revised Code or a drug abuse 7,240
offense, a violation of section 3719.07 or 3719.08 of the Revised 7,241
Code is a felony of the fifth degree. If the violation involves 7,242
the sale, offer to sell, or possession of a schedule I or II 7,243
controlled substance, with the exception of marihuana, and if the 7,244
offender, as a result of the violation, is a major drug offender, 7,245
division (D) of this section applies. 7,246
(D)(1) If an offender is convicted of or pleads guilty to 7,248
a felony violation of section 3719.07, 3719.08, 3719.16, or 7,249
3719.161 or of division (C) or (D) of section 3719.172 of the 7,250
Revised Code, if the violation involves the sale, offer to sell, 7,251
or possession of a schedule I or II controlled substance, with 7,252
the exception of marihuana, and if THE COURT IMPOSING SENTENCE 7,253
UPON THE OFFENDER FINDS THAT the offender, as a result of the 7,254
violation, is a major drug offender AND IS GUILTY OF A 7,255
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE 7,256
REVISED CODE, the court that sentences the offender, in lieu of 7,257
the prison term authorized or required by division (A), (B), or 7,259
(C) of this section and sections 2929.13 and 2929.14 of the 7,260
Revised Code and in addition to any other sanction imposed for 7,261
the offense under sections 2929.11 to 2929.18 of the Revised 7,262
Code, shall impose upon the offender, in accordance with division
(D)(3)(a) of section 2929.14 of the Revised Code, the mandatory 7,264
prison term specified in that division and may impose an 7,265
additional prison term under division (D)(3)(b) of that section. 7,266
(2) Notwithstanding any contrary provision of section 7,268
3719.21 of the Revised Code, the clerk of the court shall pay any 7,270
fine imposed for a felony violation of section 3719.07, 3719.08, 7,271
3719.16, or 3719.161 or of division (C) or (D) of section 7,272
3719.172 of the Revised Code pursuant to division (A) of section 7,273
2929.18 of the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised 7,274
166
Code. The agency that receives the fine shall use the fine as 7,275
specified in division (F) of section 2925.03 of the Revised Code. 7,276
(E) Whoever violates section 3719.05, 3719.06, 3719.13, or 7,278
3719.31 or division (B) of section 3719.172 of the Revised Code 7,280
is guilty of a misdemeanor of the third degree. If the offender 7,281
previously has been convicted of a violation of section 3719.05, 7,282
3719.06, 3719.13, or 3719.31 or division (B) of section 3719.172 7,283
of the Revised Code or a drug abuse offense, a violation of 7,284
section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B) of 7,285
section 3719.172 of the Revised Code is a misdemeanor of the 7,286
first degree.
(F) Whoever violates section 3719.30 of the Revised Code 7,288
is guilty of a misdemeanor of the fourth degree. If the offender 7,289
previously has been convicted of a violation of section 3719.30 7,290
of the Revised Code or a drug abuse offense, a violation of 7,291
section 3719.30 of the Revised Code is a misdemeanor of the third 7,292
degree.
(G) Whoever violates section 3719.32 or 3719.33 of the 7,294
Revised Code is guilty of a minor misdemeanor. 7,295
(H) Whoever violates division (K)(2)(b) of section 3719.44 7,297
of the Revised Code is guilty of a felony of the fifth degree. 7,298
(I) Whoever violates division (K)(2)(c) of section 3719.44 7,300
of the Revised Code is guilty of a misdemeanor of the second 7,301
degree.
(J) As used in this section, "major drug offender" has the 7,303
same meaning as in section 2929.01 of the Revised Code. 7,304
Sec. 4715.30. (A) The holder of a certificate or license 7,313
issued under this chapter is subject to disciplinary action by 7,314
the state dental board for any of the following reasons: 7,315
(1) Employing or cooperating in fraud or material 7,317
deception in applying for or obtaining a license or certificate; 7,318
(2) Obtaining or attempting to obtain money or anything of 7,320
value by intentional misrepresentation or material deception in 7,321
the course of practice; 7,322
167
(3) Advertising services in a false or misleading manner 7,324
or violating the board's rules governing time, place, and manner 7,325
of advertising; 7,326
(4) Conviction of a misdemeanor committed in the course of 7,328
practice or of any felony; 7,329
(5) Engaging in lewd or immoral conduct in connection with 7,331
the provision of dental services; 7,332
(6) Selling, prescribing, giving away, or administering 7,334
drugs for other than legal and legitimate therapeutic purposes, 7,335
or conviction of violating any law of this state or the federal 7,336
government regulating the possession, distribution, or use of any 7,337
drug; 7,338
(7) Providing or allowing dental hygienists or other 7,340
practitioners of auxiliary dental occupations working under his 7,341
THE CERTIFICATE OR LICENSE HOLDER'S supervision, or a dentist 7,342
holding a temporary limited continuing education license under 7,344
division (C) of section 4715.16 of the Revised Code working under 7,345
his THE CERTIFICATE OR LICENSE HOLDER'S direct supervision, to 7,346
provide dental care that departs from or fails to conform to 7,347
accepted standards for the profession, whether or not injury to a 7,348
patient results; 7,349
(8) Inability to practice under accepted standards of the 7,351
profession because of physical or mental disability, dependence 7,352
on alcohol or other drugs, or excessive use of alcohol or other 7,353
drugs; 7,354
(9) Violation of any provision of this chapter or any rule 7,356
adopted thereunder; 7,357
(10) Failure to use universal blood and body fluid 7,359
precautions established by rules adopted under section 4715.03 of 7,360
the Revised Code; 7,361
(11) Waiving the payment of all or any part of a 7,363
deductible or copayment that a patient, pursuant to a health 7,364
insurance or health care policy, contract, or plan that covers 7,365
dental services, would otherwise be required to pay if the waiver 7,366
168
is used as an enticement to a patient or group of patients to
receive health care services from that provider. 7,367
(12) Advertising that he THE CERTIFICATE OR LICENSE HOLDER 7,369
will waive the payment of all or any part of a deductible or 7,371
copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers dental 7,372
services, would otherwise be required to pay. 7,373
(B) A manager, proprietor, operator, or conductor of a 7,375
dental facility shall be subject to disciplinary action if any 7,376
dentist, dental hygienist, or qualified personnel providing 7,377
services in the facility is found to have committed a violation 7,378
listed in division (A) of this section and the manager, 7,379
proprietor, operator, or conductor knew of the violation and 7,380
permitted it to occur on a recurring basis. 7,381
(C) Subject to Chapter 119. of the Revised Code, the board 7,383
may take one or more of the following disciplinary actions if one 7,384
or more of the grounds for discipline listed in divisions (A) and 7,385
(B) of this section exist: 7,386
(1) Censure the license or certificate holder; 7,388
(2) Place the license or certificate on probationary 7,390
status for such period of time the board determines necessary and 7,391
require the holder to: 7,392
(a) Report regularly to the board upon the matters which 7,394
are the basis of probation; 7,395
(b) Limit practice to those areas specified by the board; 7,397
(c) Continue or renew professional education until a 7,399
satisfactory degree of knowledge or clinical competency has been 7,400
attained in specified areas. 7,401
(3) Suspend the certificate or license; 7,403
(4) Revoke the certificate or license. 7,405
Where the board places a holder of a license or certificate 7,407
on probationary status pursuant to division (C)(2) of this 7,408
section, the board may subsequently suspend or revoke the license 7,409
or certificate if it determines that the holder has not met the 7,410
169
requirements of the probation or continues to engage in 7,411
activities that constitute grounds for discipline pursuant to 7,412
division (A) or (B) of this section. 7,413
Any order suspending a license or certificate shall state 7,415
the conditions under which the license or certificate will be 7,416
restored, which may include a conditional restoration during 7,417
which time the holder is in a probationary status pursuant to 7,418
division (C)(2) of this section. The board shall restore the 7,419
license or certificate unconditionally when such conditions are 7,420
met. 7,421
(D) If the physical or mental condition of a license or 7,423
certificate holder is at issue in a disciplinary proceeding, the 7,424
board may order the license or certificate holder to submit to 7,425
reasonable examinations by a physician designated or approved by 7,426
the board and at the board's expense. Failure to comply with an 7,427
order for an examination shall be grounds for summary suspension 7,428
of a license or certificate under division (E) of this section. 7,429
(E) If the board has reason to believe that the holder 7,431
represents a clear and immediate danger to the public health and 7,432
safety if he THE HOLDER is allowed to continue to practice, or if 7,434
the holder has failed to comply with an order under division (D)
of this section, the board may apply to the court of common pleas 7,435
of the county in which the holder resides for an order 7,436
temporarily suspending the holder's license or certificate, 7,437
without a prior hearing being afforded by the board, until the 7,438
board conducts an adjudication hearing pursuant to Chapter 119. 7,439
of the Revised Code. If the court temporarily suspends a 7,440
holder's license or certificate, the board shall give written 7,441
notice of the suspension personally or by certified mail to the 7,442
license or certificate holder. Such notice shall include 7,443
specific facts and reasons for finding a clear and immediate 7,444
danger to the public health and safety and shall inform the 7,445
license or certificate holder of the right to a hearing pursuant 7,446
to Chapter 119. of the Revised Code. 7,447
170
(F) Any holder of a certificate or license issued under 7,449
this chapter who has pleaded guilty to, has been convicted of, or 7,450
has had a judicial finding of eligibility for treatment 7,451
INTERVENTION in lieu of conviction entered against him THE HOLDER 7,453
in this state for aggravated murder, murder, voluntary 7,454
manslaughter, felonious assault, kidnapping, rape, sexual 7,455
battery, gross sexual imposition, aggravated arson, aggravated 7,456
robbery, or aggravated burglary, or who has pleaded guilty to, 7,457
has been convicted of, or has had a judicial finding of 7,458
eligibility for treatment OR INTERVENTION in lieu of conviction 7,460
entered against him THE HOLDER in another jurisdiction for any 7,461
substantially equivalent criminal offense, is automatically 7,462
suspended from practice under this chapter in this state and any 7,463
certificate or license issued to him THE HOLDER under this 7,464
chapter is automatically suspended, as of the date of the guilty 7,465
plea, conviction, or judicial finding, whether the proceedings 7,466
are brought in this state or another jurisdiction. Continued 7,467
practice by an individual after the suspension of his THE 7,468
INDIVIDUAL'S certificate or license under this division shall be 7,469
considered practicing without a certificate or license. The 7,471
board shall notify the suspended individual of the suspension of 7,472
his THE INDIVIDUAL'S certificate or license under this division 7,473
by certified mail or in person in accordance with section 119.07 7,474
of the Revised Code. If an individual whose certificate or 7,475
license is suspended under this division fails to make a timely 7,476
request for an adjudicatory hearing, the board shall enter a 7,477
final order revoking the individual's certificate or license. 7,478
(G) Notwithstanding divisions (A)(11) and (12) of this 7,480
section, sanctions shall not be imposed against any licensee who 7,481
waives deductibles and copayments: 7,482
(1) In compliance with the health benefit plan that 7,484
expressly allows such a practice. Waiver of the deductibles or 7,485
copays shall be made only with the full knowledge and consent of 7,486
the plan purchaser, payer, and third-party administrator. Such 7,487
171
consent shall be made available to the board upon request. 7,488
(2) For professional services rendered to any other person 7,490
licensed pursuant to this chapter to the extent allowed by this 7,491
chapter and the rules of the board. 7,492
Sec. 4729.99. (A) Whoever violates section 4729.16, 7,501
division (A) or (B) of section 4729.38, or section 4729.57 of the 7,502
Revised Code is guilty of a minor misdemeanor. Each day's 7,503
violation constitutes a separate offense. 7,504
(B) Whoever violates section 4729.27, 4729.28, or 4729.36 7,506
of the Revised Code is guilty of a misdemeanor of the third 7,507
degree. Each day's violation constitutes a separate offense. If 7,508
the offender previously has been convicted of or pleaded guilty 7,509
to a violation of this chapter, that person is guilty of a 7,511
misdemeanor of the second degree. 7,512
(C) Whoever violates section 4729.32, 4729.33, or 4729.34 7,514
of the Revised Code is guilty of a misdemeanor. 7,515
(D) Whoever violates division (A), (B), (D), or (E) of 7,517
section 4729.51 of the Revised Code is guilty of a misdemeanor of 7,518
the first degree. 7,519
(E)(1) Whoever violates section 4729.37, division (C)(2) 7,521
of section 4729.51, division (J) of section 4729.54, or section 7,522
4729.61 of the Revised Code is guilty of a felony of the fifth 7,524
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this chapter or a violation of 7,525
Chapter 2925. or 3719. of the Revised Code, that person is guilty 7,526
of a felony of the fourth degree. 7,527
(2) If an offender is convicted of or pleads guilty to a 7,529
violation of section 4729.37, division (C) of section 4729.51, 7,530
division (J) of section 4729.54, or section 4729.61 of the 7,531
Revised Code, if the violation involves the sale, offer to sell, 7,533
or possession of a schedule I or II controlled substance, with 7,534
the exception of marihuana, and if the COURT IMPOSING SENTENCE 7,535
UPON THE OFFENDER FINDS THAT THE offender, as a result of the 7,536
violation, is a major drug offender, as defined in section
172
2929.01 of the Revised Code, AND IS GUILTY OF A SPECIFICATION OF 7,538
THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the 7,539
court that sentences the offender, in lieu of the prison term 7,541
authorized or required by division (E)(1) of this section and 7,542
sections 2929.13 and 2929.14 of the Revised Code and in addition 7,543
to any other sanction imposed for the offense under sections 7,544
2929.11 to 2929.18 of the Revised Code, shall impose upon the 7,545
offender, in accordance with division (D)(3)(a) of section 7,546
2929.14 of the Revised Code, the mandatory prison term specified 7,547
in that division and may impose an additional prison term under 7,549
division (D)(3)(b) of that section. 7,550
(3) Notwithstanding any contrary provision of section 7,552
3719.21 of the Revised Code, the clerk of court shall pay any 7,553
fine imposed for a violation of section 4729.37, division (C) of 7,554
section 4729.51, division (J) of section 4729.54, or section 7,556
4729.61 of the Revised Code pursuant to division (A) of section 7,558
2929.18 of the Revised Code in accordance with and subject to the 7,561
requirements of division (F) of section 2925.03 of the Revised 7,563
Code. The agency that receives the fine shall use the fine as 7,565
specified in division (F) of section 2925.03 of the Revised Code. 7,567
(F) Whoever violates section 4729.531 of the Revised Code 7,569
or any rule adopted thereunder or section 4729.532 of the Revised 7,570
Code is guilty of a misdemeanor of the first degree. 7,571
(G) Whoever violates division (C)(1) of section 4729.51 of 7,575
the Revised Code is guilty of a felony of the fourth degree. If 7,577
the offender has previously been convicted of or pleaded guilty 7,578
to a violation of this chapter, or of a violation of Chapter 7,580
2925. or 3719. of the Revised Code, that person is guilty of a 7,581
felony of the third degree. 7,582
(H) Whoever violates division (C)(3) of section 4729.51 of 7,585
the Revised Code is guilty of a misdemeanor of the first degree. 7,586
If the offender has previously been convicted of or pleaded
guilty to a violation of this chapter, or of a violation of 7,587
Chapter 2925. or 3719. of the Revised Code, that person is guilty 7,588
173
of a felony of the fifth degree. 7,589
Sec. 4730.25. (A) The state medical board, pursuant to an 7,598
adjudication under Chapter 119. of the Revised Code and by a vote 7,600
of not fewer than six members, may revoke or may refuse to grant 7,601
a certificate of registration as a physician assistant to a
person found by the board to have committed fraud, 7,602
misrepresentation, or deception in applying for or securing the 7,603
certificate. 7,604
(B) The board, pursuant to an adjudication under Chapter 7,607
119. of the Revised Code and by a vote of not fewer than six 7,608
members, shall, to the extent permitted by law, limit, revoke, or 7,609
suspend a certificate of registration as a physician assistant, 7,610
refuse to issue a certificate to an applicant, refuse to 7,611
reinstate a certificate, or reprimand or place on probation the 7,612
holder of a certificate for any of the following reasons: 7,613
(1) Failure to practice in accordance with the conditions 7,616
under which the supervising physician's supervision agreement 7,617
with the physician assistant was approved, including the 7,618
requirement that when practicing under a particular supervising 7,619
physician, the physician assistant must practice only according 7,620
to the standard or supplemental utilization plan the board 7,621
approved for that physician;
(2) Failure to comply with the requirements of this 7,623
chapter, Chapter 4731. of the Revised Code, or any rules adopted 7,624
by the board; 7,625
(3) Violating or attempting to violate, directly or 7,627
indirectly, or assisting in or abetting the violation of, or 7,628
conspiring to violate, any provision of this chapter, Chapter 7,630
4731. of the Revised Code, or the rules adopted by the board; 7,631
(4) Inability to practice according to acceptable and 7,634
prevailing standards of care by reason of mental illness or 7,635
physical illness, including physical deterioration that adversely 7,636
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to 7,638
174
acceptable and prevailing standards of care because of habitual 7,639
or excessive use or abuse of drugs, alcohol, or other substances 7,640
that impair ability to practice; 7,641
(6) Administering drugs for purposes other than those 7,643
authorized under this chapter; 7,644
(7) Willfully betraying a professional confidence; 7,646
(8) Soliciting patients or publishing a false, fraudulent, 7,648
deceptive, or misleading statement. As used in this division, 7,649
"false, fraudulent, deceptive, or misleading statement" means a 7,650
statement that includes a misrepresentation of fact, is likely to 7,651
mislead or deceive because of a failure to disclose material 7,652
facts, is intended or is likely to create false or unjustified 7,653
expectations of favorable results, or includes representations or 7,654
implications that in reasonable probability will cause an 7,655
ordinarily prudent person to misunderstand or be deceived. 7,656
(9) Representing, with the purpose of obtaining 7,658
compensation or other advantage personally or for any other 7,659
person, that an incurable disease or injury, or other incurable 7,660
condition, can be permanently cured; 7,661
(10) The obtaining of, or attempting to obtain, money or 7,663
anything of value by fraudulent misrepresentations in the course 7,664
of practice; 7,665
(11) A plea of guilty to, or a judicial finding of guilt 7,667
of, a felony; 7,668
(12) Commission of an act that constitutes a felony in 7,670
this state regardless of the jurisdiction in which the act was 7,671
committed; 7,672
(13) A plea of guilty to, or a judicial finding of guilt 7,674
of, a misdemeanor committed in the course of practice; 7,675
(14) A plea of guilty to, or a judicial finding of guilt 7,677
of, a misdemeanor involving moral turpitude; 7,678
(15) Commission of an act that constitutes a misdemeanor 7,680
in this state regardless of the jurisdiction in which the act was 7,681
committed, if the act was committed in the course of practice; 7,682
175
(16) Commission of an act that constitutes a misdemeanor 7,685
in this state, regardless of the jurisdiction in which the act 7,686
was committed, if the act involves moral turpitude;
(17) Trafficking in drugs, or a plea of guilty to or a 7,688
judicial finding of guilt of violating any state or federal law 7,689
regulating the possession, distribution, or use of any drug; 7,690
(18) The limitation, revocation, or suspension by another 7,692
state of a license, certificate, or registration to practice 7,693
issued by the proper licensing authority of that state, the 7,694
refusal to license, certify, register, or reinstate an applicant 7,696
by that authority, the imposition of probation by that authority, 7,697
or the issuance of an order of censure or other reprimand by that 7,698
authority for any reason, other than nonpayment of fees; 7,699
(19) A departure from, or failure to conform to, minimal 7,702
standards of care of similar physician assistants under the same 7,703
or similar circumstances, regardless of whether actual injury to 7,704
a patient is established;
(20) Violation of the conditions placed by the board on a 7,707
certificate of registration, physician assistant utilization 7,708
plan, or supervision agreement;
(21) Violation of the conditions on which a temporary 7,711
certificate of registration is issued;
(22) Failure to use universal blood and body fluid 7,713
precautions established by rules adopted under section 4731.051 7,714
of the Revised Code. 7,715
(C) For purposes of divisions (B)(12), (15), and (16) of 7,717
this section, the commission of the act may be established by a 7,718
finding by the board, pursuant to an adjudication under Chapter 7,720
119. of the Revised Code, that the applicant or certificate 7,721
holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court 7,722
renders a final judgment in the certificate holder's favor and 7,723
that judgment is based upon an adjudication on the merits. The 7,724
board shall have jurisdiction under these divisions in cases 7,725
176
where the trial court issues an order of dismissal upon technical 7,726
or procedural grounds. 7,727
The sealing of conviction records by any court shall have 7,729
no effect upon a prior board order entered under the provisions 7,730
of this section or upon the board's jurisdiction to take action 7,731
under the provisions of this section if a notice of opportunity 7,732
for hearing has been issued based upon conviction, a plea of 7,733
guilty, or a judicial finding of guilt prior to the court's order 7,734
to seal the records.
(D) For purposes of this division, any individual who 7,737
holds a certificate of registration issued under this chapter, or 7,738
applies for a certificate of registration, shall be deemed to 7,739
have given consent to submit to a mental or physical examination 7,740
when directed to do so in writing by the board and to have waived 7,741
all objections to the admissibility of testimony or examination 7,742
reports that constitute a privileged communication. 7,743
(1) In enforcing division (B)(4) of this section, the 7,746
board, upon a showing of a possible violation, may compel any 7,747
individual who holds a certificate of registration issued under 7,748
this chapter or who has applied for a certificate of registration 7,749
pursuant to this chapter to submit to a mental or physical 7,750
examination, or both, as required by and at the expense of the 7,751
board. Failure of any individual to submit to a mental or
physical examination when directed constitutes an admission of 7,752
the allegations against the individual unless the failure is due 7,753
to circumstances beyond the individual's control, and a default 7,754
and final order may be entered without the taking of testimony or 7,755
presentation of evidence. If the board finds a physician 7,756
assistant unable to practice because of the reasons set forth in 7,757
this division, the board shall require the physician assistant to 7,758
submit to care, counseling, or treatment by physicians approved 7,759
or designated by the board, as a condition for an initial, 7,760
continued, reinstated, or renewed certificate of registration. 7,761
An individual affected under this division shall be afforded an 7,762
177
opportunity to demonstrate to the board the ability to resume 7,763
practicing in compliance with acceptable and prevailing standards 7,764
of care.
(2) For purposes of division (B)(5) of this section, if 7,767
the board has reason to believe that any individual who holds a 7,768
certificate of registration issued under this chapter or any 7,769
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a 7,770
mental or physical examination, or both. The examination shall 7,771
be at the expense of the board. Any mental or physical 7,772
examination required under this division shall be undertaken by a 7,773
treatment provider or physician qualified to conduct such 7,774
examination and chosen by the board. 7,775
Failure of the individual to submit to a mental or physical 7,778
examination ordered by the board constitutes an admission of the 7,779
allegations against the individual unless the failure is due to 7,780
circumstances beyond the individual's control, and a default and 7,781
final order may be entered without the taking of testimony or 7,782
presentation of evidence. If the board determines that the 7,783
individual's ability to practice is impaired, the board shall 7,784
suspend the individual's certificate or deny the individual's
application and shall require the individual, as a condition for 7,786
initial, continued, reinstated, or renewed licensure to practice, 7,787
to submit to treatment. 7,788
Before being eligible to apply for reinstatement of a 7,790
certificate suspended under this division, the physician 7,791
assistant shall demonstrate to the board the ability to resume 7,792
practice in compliance with acceptable and prevailing standards 7,793
of care. The demonstration shall include the following: 7,795
(a) Certification from a treatment provider approved under 7,798
section 4731.25 of the Revised Code that the individual has 7,799
successfully completed any required inpatient treatment; 7,800
(b) Evidence of continuing full compliance with an 7,803
aftercare contract or consent agreement;
178
(c) Two written reports indicating that the individual's 7,806
ability to practice has been assessed and that the individual has 7,807
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by 7,808
individuals or providers approved by the board for making such 7,809
assessments and shall describe the basis for this determination. 7,810
The board may reinstate a certificate suspended under this 7,813
division after such demonstration and after the individual has 7,814
entered into a written consent agreement.
When the impaired physician assistant resumes practice, the 7,817
board shall require continued monitoring of the physician
assistant, which shall include compliance with the written 7,818
consent agreement entered into before reinstatement or with 7,819
conditions imposed by board order after a hearing, and, upon 7,820
termination of the consent agreement, submission to the board for 7,821
at least two years of annual written progress reports made under 7,822
penalty of falsification stating whether the physician assistant 7,823
has maintained sobriety. 7,824
(E) If the secretary and supervising member determine that 7,827
there is clear and convincing evidence that a physician assistant 7,828
has violated division (B) of this section and that the 7,829
individual's continued practice presents a danger of immediate 7,830
and serious harm to the public, they may recommend that the board 7,831
suspend the individual's certificate to practice without a prior 7,833
hearing. Written allegations shall be prepared for consideration 7,834
by the board members.
The board, upon review of those allegations and by a vote 7,837
of not fewer than six of its members, excluding the secretary and 7,838
supervising member, may suspend a certificate without a prior 7,839
hearing. A telephone conference call may be utilized for 7,840
reviewing the allegations and taking the vote.
The board shall issue a written order of suspension by 7,842
certified mail or in person in accordance with section 119.07 of 7,843
the Revised Code. The order shall not be subject to suspension 7,845
179
by the court during pendency of any appeal filed under section 7,846
119.12 of the Revised Code. If the physician assistant requests 7,847
an adjudicatory hearing by the board, the date set for the 7,848
hearing shall be within fifteen days, but not earlier than seven 7,849
days, after the physician assistant requests the hearing, unless 7,850
otherwise agreed to by both the board and the certificate holder. 7,851
A summary suspension imposed under this division shall 7,853
remain in effect, unless reversed on appeal, until a final 7,854
adjudicative order issued by the board pursuant to this section 7,855
and Chapter 119. of the Revised Code becomes effective. The 7,857
board shall issue its final adjudicative order within sixty days 7,858
after completion of its hearing. Failure to issue the order 7,859
within sixty days shall result in dissolution of the summary 7,860
suspension order, but shall not invalidate any subsequent, final 7,861
adjudicative order.
(F) If the board should take action under division 7,864
(B)(11), (13), or (14) of this section, and the conviction, 7,865
judicial finding of guilt, or guilty plea is overturned on 7,866
appeal, upon exhaustion of the criminal appeal, a petition for 7,867
reconsideration of the order may be filed with the board along 7,868
with appropriate court documents. Upon receipt of a petition and 7,869
supporting court documents, the board shall reinstate the 7,870
petitioner's certificate. The board may then hold an 7,871
adjudication to determine whether the individual committed the 7,872
act in question. Notice of opportunity for hearing shall be 7,873
given in accordance with Chapter 119. of the Revised Code. If 7,874
the board finds, pursuant to an adjudication held under this 7,876
division, that the individual committed the act, or if no hearing 7,877
is requested, it may order any of the sanctions identified under 7,878
division (B) of this section.
(G) The certificate of registration of a physician 7,880
assistant and the physician assistant's practice in this state 7,881
are automatically suspended as of the date the physician 7,882
assistant pleads guilty to, is found by a judge or jury to be 7,883
180
guilty of, or is subject to a judicial finding of eligibility for 7,884
INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR treatment OR 7,885
INTERVENTION in lieu of conviction IN ANOTHER STATE for either of 7,886
the following:
(1) In this state, aggravated murder, murder, voluntary 7,888
manslaughter, felonious assault, kidnapping, rape, sexual 7,889
battery, gross sexual imposition, aggravated arson, aggravated 7,890
robbery, or aggravated burglary; 7,891
(2) In another jurisdiction, any criminal offense 7,894
substantially equivalent to those specified in division (G)(1) of 7,895
this section.
Continued practice after the suspension shall be considered 7,898
practicing without a certificate. The board shall notify the 7,899
individual subject to the suspension by certified mail or in 7,900
person in accordance with section 119.07 of the Revised Code. If 7,901
an individual whose certificate is suspended under this division 7,902
fails to make a timely request for an adjudicatory hearing, the 7,903
board shall enter a final order revoking the certificate. 7,904
(H) In any instance in which the board is required by 7,906
Chapter 119. of the Revised Code to give notice of opportunity 7,908
for hearing and the applicant or certificate holder does not 7,909
timely request a hearing in accordance with section 119.07 of the 7,910
Revised Code, the board is not required to hold a hearing, but 7,911
may adopt, by a vote of not fewer than six of its members, a 7,912
final order that contains the board's findings. In that final 7,913
order, the board may order any of the sanctions identified under 7,914
division (B) of this section.
(I) Any action taken by the board under division (B) of 7,917
this section resulting in a suspension shall be accompanied by a 7,918
written statement of the conditions under which the physician 7,919
assistant may be reinstated. The board shall adopt rules in 7,920
accordance with Chapter 119. of the Revised Code governing 7,922
conditions to be imposed for reinstatement. Reinstatement of a 7,923
certificate suspended pursuant to division (B) of this section 7,924
181
requires an affirmative vote of not fewer than six members of the 7,925
board.
(J) An individual's failure to renew a certificate of 7,927
registration as a physician assistant shall have no effect on the 7,928
board's jurisdiction to take any action under this section 7,929
against the individual.
(K) Notwithstanding any other provision of the Revised 7,932
Code, the surrender of a certificate of registration as a 7,933
physician assistant issued under this chapter is not effective 7,934
until accepted by the board. Reinstatement of a certificate 7,935
surrendered to the board requires an affirmative vote of not 7,936
fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no 7,939
application made under this chapter for a certificate of 7,940
registration, approval of a standard or supplemental utilization 7,941
plan, or approval of a supervision agreement may be withdrawn 7,942
without approval of the board.
Sec. 4731.22. (A) The state medical board, by an 7,952
affirmative vote of not fewer than six of its members, may revoke 7,953
or may refuse to grant a certificate to a person found by the 7,954
board to have committed fraud during the administration of the 7,955
examination for a certificate to practice or to have committed 7,957
fraud, misrepresentation, or deception in applying for or 7,958
securing any certificate to practice or certificate of
registration issued by the board. 7,959
(B) The board, by an affirmative vote of not fewer than 7,962
six members, shall, to the extent permitted by law, limit, 7,963
revoke, or suspend an individual's certificate to practice, 7,965
refuse to register an individual, refuse to reinstate a 7,967
certificate, or reprimand or place on probation the holder of a 7,969
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 7,971
or certificate of registration to be used by a person, group, or 7,973
corporation when the individual concerned is not actually 7,974
182
directing the treatment given; 7,975
(2) Failure to maintain minimal standards applicable to 7,978
the selection or administration of drugs, or failure to employ 7,979
acceptable scientific methods in the selection of drugs or other 7,980
modalities for treatment of disease; 7,981
(3) Selling, giving away, personally furnishing, 7,983
prescribing, or administering drugs for other than legal and 7,984
legitimate therapeutic purposes or a plea of guilty to, a 7,986
judicial finding of guilt of, or a judicial finding of 7,987
eligibility for treatment in lieu of conviction of, a violation 7,989
of any federal or state law regulating the possession,
distribution, or use of any drug; 7,990
(4) Willfully betraying a professional confidence. 7,992
For purposes of this division, "willfully betraying a 7,994
professional confidence" does not include the making of a report 7,995
of an employee's use of a drug of abuse, or a report of a 7,996
condition of an employee other than one involving the use of a 7,997
drug of abuse, to the employer of the employee as described in 7,998
division (B) of section 2305.33 of the Revised Code. Nothing in 8,000
this division affects the immunity from civil liability conferred 8,002
by that section upon a physician who makes either type of report 8,003
in accordance with division (B) of that section. As used in this 8,004
division, "employee," "employer," and "physician" have the same 8,005
meanings as in section 2305.33 of the Revised Code. 8,006
(5) Making a false, fraudulent, deceptive, or misleading 8,009
statement in the solicitation of or advertising for patients; in 8,011
relation to the practice of medicine and surgery, osteopathic 8,012
medicine and surgery, podiatry, or a limited branch of medicine; 8,013
or in securing or attempting to secure any certificate to 8,015
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 8,017
misleading statement" means a statement that includes a 8,018
misrepresentation of fact, is likely to mislead or deceive 8,019
because of a failure to disclose material facts, is intended or 8,020
183
is likely to create false or unjustified expectations of 8,021
favorable results, or includes representations or implications 8,022
that in reasonable probability will cause an ordinarily prudent 8,023
person to misunderstand or be deceived. 8,024
(6) A departure from, or the failure to conform to, 8,026
minimal standards of care of similar practitioners under the same 8,027
or similar circumstances, whether or not actual injury to a 8,028
patient is established; 8,029
(7) Representing, with the purpose of obtaining 8,031
compensation or other advantage as personal gain or for any other 8,033
person, that an incurable disease or injury, or other incurable 8,034
condition, can be permanently cured; 8,035
(8) The obtaining of, or attempting to obtain, money or 8,037
anything of value by fraudulent misrepresentations in the course 8,038
of practice; 8,039
(9) A plea of guilty to, a judicial finding of guilt of, 8,042
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 8,043
(10) Commission of an act that constitutes a felony in 8,045
this state, regardless of the jurisdiction in which the act was 8,046
committed; 8,047
(11) A plea of guilty to, a judicial finding of guilt of, 8,050
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 8,051
practice;
(12) Commission of an act in the course of practice that 8,053
constitutes a misdemeanor in this state, regardless of the 8,055
jurisdiction in which the act was committed; 8,056
(13) A plea of guilty to, a judicial finding of guilt of, 8,059
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 8,060
(14) Commission of an act involving moral turpitude that 8,062
constitutes a misdemeanor in this state, regardless of the 8,064
jurisdiction in which the act was committed; 8,065
184
(15) Violation of the conditions of limitation placed by 8,067
the board upon a certificate to practice; 8,068
(16) Failure to pay license renewal fees specified in this 8,070
chapter; 8,071
(17) Engaging in the division of fees for referral of 8,074
patients, or the receiving of a thing of value in return for a 8,076
specific referral of a patient to utilize a particular service or 8,077
business;
(18) Subject to section 4731.226 of the Revised Code, 8,079
violation of any provision of a code of ethics of the American 8,081
medical association, the American osteopathic association, the 8,082
American podiatric medical association, or any other national 8,083
professional organizations that the board specifies by rule. The 8,085
state medical board shall obtain and keep on file current copies 8,086
of the codes of ethics of the various national professional 8,087
organizations. The individual whose certificate is being 8,088
suspended or revoked shall not be found to have violated any 8,090
provision of a code of ethics of an organization not appropriate 8,091
to the individual's profession. 8,092
For purposes of this division, a "provision of a code of 8,095
ethics of a national professional organization" does not include 8,096
any provision that would preclude the making of a report by a 8,097
physician of an employee's use of a drug of abuse, or of a 8,098
condition of an employee other than one involving the use of a 8,099
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 8,101
this division affects the immunity from civil liability conferred 8,102
by that section upon a physician who makes either type of report 8,103
in accordance with division (B) of that section. As used in this 8,104
division, "employee," "employer," and "physician" have the same 8,105
meanings as in section 2305.33 of the Revised Code. 8,106
(19) Inability to practice according to acceptable and 8,108
prevailing standards of care by reason of mental illness or 8,109
physical illness, including, but not limited to, physical 8,110
185
deterioration that adversely affects cognitive, motor, or 8,111
perceptive skills. 8,112
In enforcing this division, the board, upon a showing of a 8,115
possible violation, may compel any individual authorized to 8,116
practice by this chapter or who has submitted an application 8,118
pursuant to this chapter to submit to a mental examination, 8,120
physical examination, including an HIV test, or both a mental and 8,122
a physical examination. The expense of the examination is the 8,124
responsibility of the individual compelled to be examined. 8,125
Failure to submit to a mental or physical examination or consent 8,126
to an HIV test ordered by the board constitutes an admission of 8,127
the allegations against the individual unless the failure is due 8,129
to circumstances beyond the individual's control, and a default 8,130
and final order may be entered without the taking of testimony or 8,131
presentation of evidence. If the board finds an individual 8,132
unable to practice because of the reasons set forth in this 8,134
division, the board shall require the individual to submit to 8,135
care, counseling, or treatment by physicians approved or 8,136
designated by the board, as a condition for initial, continued, 8,137
reinstated, or renewed authority to practice. An individual 8,139
affected under this division shall be afforded an opportunity to 8,141
demonstrate to the board the ability to resume practice in 8,142
compliance with acceptable and prevailing standards under the 8,143
provisions of the individual's certificate. For the purpose of 8,145
this division, any individual who applies for or receives a 8,146
certificate to practice under this chapter accepts the privilege 8,147
of practicing in this state and, by so doing, shall be deemed to 8,150
have given consent to submit to a mental or physical examination 8,151
when directed to do so in writing by the board, and to have 8,152
waived all objections to the admissibility of testimony or 8,153
examination reports that constitute a privileged communication. 8,154
(20) Except when civil penalties are imposed under section 8,156
4731.225 or 4731.281 of the Revised Code, and subject to section 8,157
4731.226 of the Revised Code, violating or attempting to violate, 8,159
186
directly or indirectly, or assisting in or abetting the violation 8,160
of, or conspiring to violate, any provisions of this chapter or 8,161
any rule promulgated by the board.
This division does not apply to a violation or attempted 8,163
violation of, assisting in or abetting the violation of, or a 8,164
conspiracy to violate, any provision of this chapter or any rule 8,165
adopted by the board that would preclude the making of a report 8,168
by a physician of an employee's use of a drug of abuse, or of a 8,169
condition of an employee other than one involving the use of a 8,170
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 8,172
this division affects the immunity from civil liability conferred 8,173
by that section upon a physician who makes either type of report 8,174
in accordance with division (B) of that section. As used in this 8,175
division, "employee," "employer," and "physician" have the same 8,176
meanings as in section 2305.33 of the Revised Code. 8,177
(21) The violation of any abortion rule adopted by the 8,179
public health council pursuant to section 3701.341 of the Revised 8,180
Code; 8,181
(22) Any of the following actions taken by the state 8,183
agency responsible for regulating the practice of medicine and 8,184
surgery, osteopathic medicine and surgery, podiatry, or the 8,185
limited branches of medicine in another state, for any reason 8,186
other than the nonpayment of fees: the limitation, revocation, 8,187
or suspension of an individual's license to practice; acceptance 8,188
of an individual's license surrender; denial of a license; 8,189
refusal to renew or reinstate a license; imposition of probation; 8,191
or issuance of an order of censure or other reprimand; 8,192
(23) The violation of section 2919.12 of the Revised Code 8,194
or the performance or inducement of an abortion upon a pregnant 8,195
woman with actual knowledge that the conditions specified in 8,196
division (B) of section 2317.56 of the Revised Code have not been 8,197
satisfied or with a heedless indifference as to whether those 8,198
conditions have been satisfied, unless an affirmative defense as 8,199
187
specified in division (H)(2) of that section would apply in a 8,200
civil action authorized by division (H)(1) of that section; 8,201
(24) The revocation, suspension, restriction, reduction, 8,203
or termination of clinical privileges by the United States 8,205
department of defense or department of veterans affairs or the 8,207
termination or suspension of a certificate of registration to 8,208
prescribe drugs by the drug enforcement administration of the 8,209
United States department of justice; 8,210
(25) Termination or suspension from participation in the 8,212
medicare or medicaid programs by the department of health and 8,214
human services or other responsible agency for any act or acts 8,215
that also would constitute a violation of division (B)(2), (3), 8,216
(6), (8), or (19) of this section; 8,217
(26) Impairment of ability to practice according to 8,219
acceptable and prevailing standards of care because of habitual 8,220
or excessive use or abuse of drugs, alcohol, or other substances 8,221
that impair ability to practice. 8,222
For the purposes of this division, any individual 8,224
authorized to practice by this chapter accepts the privilege of 8,226
practicing in this state subject to supervision by the board. By 8,227
filing an application for or holding a certificate to practice 8,230
under this chapter, an individual shall be deemed to have given 8,232
consent to submit to a mental or physical examination when 8,233
ordered to do so by the board in writing, and to have waived all 8,234
objections to the admissibility of testimony or examination 8,235
reports that constitute privileged communications. 8,236
If it has reason to believe that any individual authorized 8,238
to practice by this chapter or any applicant for certification to 8,240
practice suffers such impairment, the board may compel the 8,241
individual to submit to a mental or physical examination, or 8,242
both. The expense of the examination is the responsibility of 8,244
the individual compelled to be examined. Any mental or physical 8,246
examination required under this division shall be undertaken by a 8,247
treatment provider or physician who is qualified to conduct the 8,248
188
examination and who is chosen by the board. 8,249
Failure to submit to a mental or physical examination 8,252
ordered by the board constitutes an admission of the allegations 8,253
against the individual unless the failure is due to circumstances 8,254
beyond the individual's control, and a default and final order 8,255
may be entered without the taking of testimony or presentation of 8,256
evidence. If the board determines that the individual's ability 8,257
to practice is impaired, the board shall suspend the individual's 8,258
certificate or deny the individual's application and shall 8,259
require the individual, as a condition for initial, continued, 8,260
reinstated, or renewed certification to practice, to submit to 8,262
treatment.
Before being eligible to apply for reinstatement of a 8,264
certificate suspended under this division, the impaired 8,266
practitioner shall demonstrate to the board the ability to resume 8,268
practice in compliance with acceptable and prevailing standards 8,269
of care under the provisions of the practitioner's certificate. 8,270
The demonstration shall include, but shall not be limited to, the 8,272
following:
(a) Certification from a treatment provider approved under 8,274
section 4731.25 of the Revised Code that the individual has 8,276
successfully completed any required inpatient treatment; 8,277
(b) Evidence of continuing full compliance with an 8,279
aftercare contract or consent agreement; 8,280
(c) Two written reports indicating that the individual's 8,282
ability to practice has been assessed and that the individual has 8,283
been found capable of practicing according to acceptable and 8,284
prevailing standards of care. The reports shall be made by 8,285
individuals or providers approved by the board for making the 8,286
assessments and shall describe the basis for their determination. 8,287
The board may reinstate a certificate suspended under this 8,290
division after that demonstration and after the individual has 8,291
entered into a written consent agreement. 8,292
When the impaired practitioner resumes practice, the board 8,294
189
shall require continued monitoring of the individual. The 8,296
monitoring shall include, but not be limited to, compliance with 8,298
the written consent agreement entered into before reinstatement 8,299
or with conditions imposed by board order after a hearing, and, 8,300
upon termination of the consent agreement, submission to the 8,301
board for at least two years of annual written progress reports 8,302
made under penalty of perjury stating whether the individual has 8,303
maintained sobriety. 8,304
(27) A second or subsequent violation of section 4731.66 8,306
or 4731.69 of the Revised Code; 8,307
(28) Except as provided in division (N) of this section: 8,309
(a) Waiving the payment of all or any part of a deductible 8,312
or copayment that a patient, pursuant to a health insurance or 8,313
health care policy, contract, or plan that covers the 8,314
individual's services, otherwise would be required to pay if the 8,316
waiver is used as an enticement to a patient or group of patients 8,317
to receive health care services from that individual; 8,318
(b) Advertising that the individual will waive the payment 8,321
of all or any part of a deductible or copayment that a patient, 8,322
pursuant to a health insurance or health care policy, contract, 8,323
or plan that covers the individual's services, otherwise would be 8,325
required to pay. 8,326
(29) Failure to use universal blood and body fluid 8,328
precautions established by rules adopted under section 4731.051 8,329
of the Revised Code; 8,330
(30) Failure of a collaborating physician to perform the 8,333
responsibilities agreed to by the physician in the protocol 8,334
established between the physician and an advanced practice nurse 8,335
in accordance with section 4723.56 of the Revised Code; 8,336
(31) Failure to provide notice to, and receive 8,338
acknowledgment of the notice from, a patient when required by 8,340
section 4731.143 of the Revised Code prior to providing 8,341
nonemergency professional services, or failure to maintain that 8,342
notice in the patient's file;
190
(32) Failure of a physician supervising a physician 8,344
assistant to maintain supervision in accordance with the 8,345
requirements of Chapter 4730. of the Revised Code and the rules 8,346
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 8,348
standard care arrangement with a clinical nurse specialist, 8,349
certified nurse-midwife, or certified nurse practitioner with 8,350
whom the physician or podiatrist is in collaboration pursuant to 8,351
section 4731.27 of the Revised Code and practice in accordance 8,352
with the arrangement;
(34) Failure to comply with the terms of a consult 8,354
agreement entered into with a pharmacist pursuant to section 8,355
4729.39 of the Revised Code; 8,356
(35) Failure to cooperate in an investigation conducted by 8,358
the board under division (F) of this section, including failure 8,360
to comply with a subpoena or order issued by the board or failure 8,361
to answer truthfully a question presented by the board at a 8,362
deposition or in written interrogatories, except that failure to 8,363
cooperate with an investigation shall not constitute grounds for 8,364
discipline under this section if a court of competent 8,365
jurisdiction has issued an order that either quashes a subpoena 8,366
or permits the individual to withhold the testimony or evidence 8,367
in issue.
(C) Disciplinary actions taken by the board under 8,369
divisions (A) and (B) of this section shall be taken pursuant to 8,370
an adjudication under Chapter 119. of the Revised Code, except 8,371
that in lieu of an adjudication, the board may enter into a 8,372
consent agreement with an individual to resolve an allegation of 8,373
a violation of this chapter or any rule adopted under it. A 8,374
consent agreement, when ratified by an affirmative vote of not 8,375
fewer than six members of the board, shall constitute the 8,376
findings and order of the board with respect to the matter 8,377
addressed in the agreement. If the board refuses to ratify a 8,378
consent agreement, the admissions and findings contained in the 8,379
191
consent agreement shall be of no force or effect. 8,380
(D) For purposes of divisions (B)(10), (12), and (14) of 8,382
this section, the commission of the act may be established by a 8,383
finding by the board, pursuant to an adjudication under Chapter 8,385
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 8,388
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 8,391
The board has jurisdiction under those divisions if the trial 8,392
court issues an order of dismissal upon technical or procedural 8,393
grounds.
(E) The sealing of conviction records by any court shall 8,395
have no effect upon a prior board order entered under this 8,396
section or upon the board's jurisdiction to take action under 8,397
this section if, based upon a plea of guilty, a judicial finding 8,399
of guilt, or a judicial finding of eligibility for treatment in 8,400
lieu of conviction, the board issued a notice of opportunity for 8,401
a hearing prior to the court's order to seal the records. The 8,402
board shall not be required to seal, destroy, redact, or 8,403
otherwise modify its records to reflect the court's sealing of 8,404
conviction records. 8,405
(F)(1) The board shall investigate evidence that appears 8,407
to show that a person has violated any provision of this chapter 8,409
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 8,411
appears to show a violation of any provision of this chapter or 8,412
any rule adopted under it. In the absence of bad faith, any 8,414
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 8,416
of the Revised Code shall not be liable in damages in a civil 8,417
action as a result of the report or testimony. Each complaint or 8,419
allegation of a violation received by the board shall be assigned 8,420
a case number and shall be recorded by the board. 8,421
(2) Investigations of alleged violations of this chapter 8,423
192
or any rule adopted under it shall be supervised by the 8,425
supervising member elected by the board in accordance with 8,426
section 4731.02 of the Revised Code and by the secretary as 8,427
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 8,429
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 8,431
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 8,434
or any rule adopted under this chapter, the board may administer 8,436
oaths, order the taking of depositions, issue subpoenas, and 8,437
compel the attendance of witnesses and production of books, 8,438
accounts, papers, records, documents, and testimony, except that 8,439
a subpoena for patient record information shall not be issued 8,440
without consultation with the attorney general's office and 8,441
approval of the secretary and supervising member of the board. 8,443
Before issuance of a subpoena for patient record information, the 8,444
secretary and supervising member shall determine whether there is 8,447
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 8,448
the records sought are relevant to the alleged violation and 8,450
material to the investigation. The subpoena may apply only to 8,451
records that cover a reasonable period of time surrounding the 8,452
alleged violation. 8,453
On failure to comply with any subpoena issued by the board 8,456
and after reasonable notice to the person being subpoenaed, the 8,457
board may move for an order compelling the production of persons 8,458
or records pursuant to the Rules of Civil Procedure. 8,459
A subpoena issued by the board may be served by a sheriff, 8,461
the sheriff's deputy, or a board employee designated by the 8,462
board. Service of a subpoena issued by the board may be made by 8,464
delivering a copy of the subpoena to the person named therein, 8,465
reading it to the person, or leaving it at the person's usual 8,466
place of residence. When the person being served is a person 8,467
193
whose practice is authorized by this chapter, service of the 8,468
subpoena may be made by certified mail, restricted delivery, 8,469
return receipt requested, and the subpoena shall be deemed served 8,470
on the date delivery is made or the date the person refuses to 8,471
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 8,473
same fees as a sheriff. Each witness who appears before the 8,475
board in obedience to a subpoena shall receive the fees and 8,477
mileage provided for witnesses in civil cases in the courts of 8,478
common pleas.
(4) All hearings and investigations of the board shall be 8,480
considered civil actions for the purposes of section 2305.251 of 8,481
the Revised Code. 8,482
(5) Information received by the board pursuant to an 8,484
investigation is confidential and not subject to discovery in any 8,485
civil action. 8,486
The board shall conduct all investigations and proceedings 8,488
in a manner that protects the confidentiality of patients and 8,490
persons who file complaints with the board. The board shall not 8,492
make public the names or any other identifying information about 8,493
patients or complainants unless proper consent is given or, in 8,494
the case of a patient, a waiver of the patient privilege exists 8,495
under division (B) of section 2317.02 of the Revised Code, except 8,496
that consent or a waiver of that nature is not required if the 8,497
board possesses reliable and substantial evidence that no bona 8,499
fide physician-patient relationship exists. 8,500
The board may share any information it receives pursuant to 8,503
an investigation, including patient records and patient record 8,504
information, with other licensing boards and governmental 8,505
agencies that are investigating alleged professional misconduct 8,506
and with law enforcement agencies and other governmental agencies 8,508
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 8,509
the same requirements regarding confidentiality as those with 8,510
194
which the state medical board must comply, notwithstanding any 8,511
conflicting provision of the Revised Code or procedure of the 8,513
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 8,515
admitted into evidence in a criminal trial in accordance with the 8,516
Rules of Evidence, but the court shall require that appropriate 8,517
measures are taken to ensure that confidentiality is maintained 8,518
with respect to any part of the information that contains names 8,519
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 8,520
when the information was in the board's possession. Measures to 8,521
ensure confidentiality that may be taken by the court include 8,522
sealing its records or deleting specific information from its 8,524
records.
(6) On a quarterly basis, the board shall prepare a report 8,526
that documents the disposition of all cases during the preceding 8,527
three months. The report shall contain the following information 8,528
for each case with which the board has completed its activities: 8,529
(a) The case number assigned to the complaint or alleged 8,531
violation; 8,532
(b) The type of certificate to practice, if any, held by 8,535
the individual against whom the complaint is directed; 8,536
(c) A description of the allegations contained in the 8,538
complaint; 8,539
(d) The disposition of the case. 8,541
The report shall state how many cases are still pending and 8,544
shall be prepared in a manner that protects the identity of each 8,546
person involved in each case. The report shall be a public 8,547
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 8,549
there is clear and convincing evidence that an individual has 8,551
violated division (B) of this section and that the individual's 8,552
continued practice presents a danger of immediate and serious 8,554
harm to the public, they may recommend that the board suspend the 8,555
195
individual's certificate to practice without a prior hearing. 8,557
Written allegations shall be prepared for consideration by the
board. 8,558
The board, upon review of those allegations and by an 8,560
affirmative vote of not fewer than six of its members, excluding 8,562
the secretary and supervising member, may suspend a certificate 8,563
without a prior hearing. A telephone conference call may be 8,564
utilized for reviewing the allegations and taking the vote on the 8,565
summary suspension. 8,566
The board shall issue a written order of suspension by 8,568
certified mail or in person in accordance with section 119.07 of 8,569
the Revised Code. The order shall not be subject to suspension 8,571
by the court during pendency of any appeal filed under section 8,572
119.12 of the Revised Code. If the individual subject to the 8,574
summary suspension requests an adjudicatory hearing by the board, 8,575
the date set for the hearing shall be within fifteen days, but 8,576
not earlier than seven days, after the individual requests the 8,578
hearing, unless otherwise agreed to by both the board and the 8,579
individual.
Any summary suspension imposed under this division shall 8,581
remain in effect, unless reversed on appeal, until a final 8,582
adjudicative order issued by the board pursuant to this section 8,583
and Chapter 119. of the Revised Code becomes effective. The 8,584
board shall issue its final adjudicative order within sixty days 8,585
after completion of its hearing. A failure to issue the order 8,586
within sixty days shall result in dissolution of the summary 8,587
suspension order but shall not invalidate any subsequent, final 8,588
adjudicative order. 8,589
(H) If the board takes action under division (B)(9), (11), 8,592
or (13) of this section and the judicial finding of guilt, guilty 8,593
plea, or judicial finding of eligibility for treatment in lieu of 8,594
conviction is overturned on appeal, upon exhaustion of the 8,596
criminal appeal, a petition for reconsideration of the order may 8,597
be filed with the board along with appropriate court documents. 8,598
196
Upon receipt of a petition of that nature and supporting court 8,599
documents, the board shall reinstate the individual's certificate 8,600
to practice. The board may then hold an adjudication under 8,601
Chapter 119. of the Revised Code to determine whether the 8,602
individual committed the act in question. Notice of an 8,604
opportunity for a hearing shall be given in accordance with 8,605
Chapter 119. of the Revised Code. If the board finds, pursuant 8,606
to an adjudication held under this division, that the individual 8,607
committed the act or if no hearing is requested, the board may 8,609
order any of the sanctions identified under division (B) of this 8,610
section.
(I) The certificate to practice issued to an individual 8,612
under this chapter and the individual's practice in this state 8,614
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 8,616
subject to a judicial finding of eligibility for INTERVENTION IN 8,617
LIEU OF CONVICTION IN THIS STATE OR treatment OR INTERVENTION in 8,618
lieu of conviction IN ANOTHER STATE for any of the following 8,620
criminal offenses in this state or a substantially equivalent 8,622
criminal offense in another jurisdiction: aggravated murder, 8,623
murder, voluntary manslaughter, felonious assault, kidnapping, 8,624
rape, sexual battery, gross sexual imposition, aggravated arson, 8,625
aggravated robbery, or aggravated burglary. Continued practice 8,627
after suspension shall be considered practicing without a 8,628
certificate.
The board shall notify the individual subject to the 8,631
suspension by certified mail or in person in accordance with 8,632
section 119.07 of the Revised Code. If an individual whose 8,633
certificate is suspended under this division fails to make a 8,634
timely request for an adjudication under Chapter 119. of the 8,635
Revised Code, the board shall enter a final order permanently 8,636
revoking the individual's certificate to practice. 8,637
(J) If the board is required by Chapter 119. of the 8,640
Revised Code to give notice of an opportunity for a hearing and 8,641
197
if the individual subject to the notice does not timely request a 8,642
hearing in accordance with section 119.07 of the Revised Code, 8,644
the board is not required to hold a hearing, but may adopt, by an 8,645
affirmative vote of not fewer than six of its members, a final 8,647
order that contains the board's findings. In that final order, 8,648
the board may order any of the sanctions identified under 8,649
division (A) or (B) of this section. 8,650
(K) Any action taken by the board under division (B) of 8,652
this section resulting in a suspension from practice shall be 8,653
accompanied by a written statement of the conditions under which 8,654
the individual's certificate to practice may be reinstated. The 8,656
board shall adopt rules governing conditions to be imposed for 8,657
reinstatement. Reinstatement of a certificate suspended pursuant 8,658
to division (B) of this section requires an affirmative vote of 8,659
not fewer than six members of the board. 8,660
(L) When the board refuses to grant a certificate to an 8,663
applicant, revokes an individual's certificate to practice, 8,665
refuses to register an applicant, or refuses to reinstate an 8,666
individual's certificate to practice, the board may specify that 8,667
its action is permanent. An individual subject to a permanent 8,668
action taken by the board is forever thereafter ineligible to 8,669
hold a certificate to practice and the board shall not accept an 8,670
application for reinstatement of the certificate or for issuance 8,671
of a new certificate.
(M) Notwithstanding any other provision of the Revised 8,673
Code, all of the following apply: 8,674
(1) The surrender of a certificate issued under this 8,676
chapter shall not be effective unless or until accepted by the 8,678
board. Reinstatement of a certificate surrendered to the board 8,679
requires an affirmative vote of not fewer than six members of the 8,680
board.
(2) An application for a certificate made under the 8,683
provisions of this chapter may not be withdrawn without approval 8,685
of the board.
198
(3) Failure by an individual to renew a certificate of 8,688
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 8,690
under this section against the individual. 8,691
(N) Sanctions shall not be imposed under division (B)(28) 8,694
of this section against any person who waives deductibles and 8,695
copayments as follows:
(1) In compliance with the health benefit plan that 8,697
expressly allows such a practice. Waiver of the deductibles or 8,698
copayments shall be made only with the full knowledge and consent 8,699
of the plan purchaser, payer, and third-party administrator. 8,700
Documentation of the consent shall be made available to the board 8,701
upon request.
(2) For professional services rendered to any other person 8,703
authorized to practice pursuant to this chapter, to the extent 8,705
allowed by this chapter and rules adopted by the board. 8,706
(O) Under the board's investigative duties described in 8,708
this section and subject to division (F) of this section, the 8,710
board shall develop and implement a quality intervention program 8,712
designed to improve through remedial education the clinical and 8,714
communication skills of individuals authorized under this chapter 8,715
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 8,717
quality intervention program, the board may do all of the 8,718
following:
(1) Offer in appropriate cases as determined by the board 8,720
an educational and assessment program pursuant to an 8,721
investigation the board conducts under this section; 8,722
(2) Select providers of educational and assessment 8,724
services, including a quality intervention program panel of case 8,725
reviewers;
(3) Make referrals to educational and assessment service 8,728
providers and approve individual educational programs recommended 8,729
by those providers. The board shall monitor the progress of each 8,730
199
individual undertaking a recommended individual educational 8,731
program. 8,732
(4) Determine what constitutes successful completion of an 8,734
individual educational program and require further monitoring of 8,735
the individual who completed the program or other action that the 8,737
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 8,739
Revised Code to further implement the quality intervention 8,741
program.
An individual who participates in an individual educational 8,744
program pursuant to this division shall pay the financial 8,745
obligations arising from that educational program. 8,746
Sec. 5120.031. (A) As used in this section: 8,753
(1) "Certificate of high school equivalence" means a 8,755
statement that is issued by the state board of education or an 8,756
equivalent agency of another state and that indicates that its 8,757
holder has achieved the equivalent of a high school education as 8,758
measured by scores obtained on the tests of general educational 8,759
development published by the American council on education. 8,760
(2) "Certificate of adult basic education" means a 8,762
statement that is issued by the department of rehabilitation and 8,763
correction through the Ohio central school system approved by the 8,764
state board of education and that indicates that its holder has 8,765
achieved a 6.0 grade level, or higher, as measured by scores of 8,766
nationally standardized or recognized tests. 8,767
(3) "Deadly weapon" and "firearm" have the same meanings 8,769
as in section 2923.11 of the Revised Code. 8,770
(4) "Eligible offender" means a person, other than one who 8,772
is ineligible to participate in an intensive program prison under 8,774
the criteria specified in section 5120.032 of the Revised Code, 8,775
who has been convicted of or pleaded guilty to, and has been 8,777
sentenced for, a felony.
(5) "Shock incarceration" means the program of 8,779
incarceration that is established pursuant to the rules of the 8,780
200
department of rehabilitation and correction adopted under this 8,781
section. 8,782
(B)(1) The director of rehabilitation and correction, by 8,784
rules adopted under Chapter 119. of the Revised Code, shall 8,785
establish a pilot program of shock incarceration that may be used 8,786
for eligible offenders who are sentenced to serve a term of 8,787
imprisonment under the custody of the department of 8,788
rehabilitation and correction and whom the department, subject to 8,789
the approval of the sentencing judge, may permit to serve their 8,791
sentence as a sentence of shock incarceration in accordance with 8,792
this section.
(2) The rules for the pilot program shall require that the 8,794
program be established at an appropriate state correctional 8,795
institution designated by the director and that the program 8,796
consist of both of the following for each eligible offender whom 8,798
the department, with the approval of the sentencing judge, 8,800
permits to serve the eligible offender's sentence as a sentence 8,801
of shock incarceration: 8,802
(a) A period of imprisonment at that institution of ninety 8,804
days that shall consist of a military style combination of 8,805
discipline, physical training, and hard labor and substance abuse 8,806
education, employment skills training, social skills training, 8,807
and psychological treatment. During the ninety-day period, the 8,808
department may permit an eligible offender to participate in a 8,809
self-help program. Additionally, during the ninety-day period, 8,810
an eligible offender who holds a high school diploma or a 8,811
certificate of high school equivalence may be permitted to tutor 8,812
other eligible offenders in the shock incarceration program. If 8,813
an eligible offender does not hold a high school diploma or 8,814
certificate of high school equivalence, the eligible offender may 8,815
elect to participate in an education program that is designed to 8,817
award a certificate of adult basic education or an education 8,818
program that is designed to award a certificate of high school 8,819
equivalence to those eligible offenders who successfully complete 8,820
201
the education program, whether the completion occurs during or 8,821
subsequent to the ninety-day period. To the extent possible, the 8,822
department shall use as teachers in the education program persons 8,823
who have been issued a license pursuant to sections 3319.22 to 8,824
3319.31 of the Revised Code, who have volunteered their services 8,825
to the education program, and who satisfy any other criteria 8,826
specified in the rules for the pilot project. 8,827
(b) Immediately following the ninety-day period of 8,829
imprisonment, and notwithstanding any other provision governing 8,830
the early release of a prisoner from imprisonment or the transfer 8,832
of a prisoner to transitional control, one of the following, as 8,833
determined by the director:
(i) An intermediate, transitional type of detention for 8,836
the period of time determined by the director and, immediately 8,837
following the intermediate, transitional type of detention, a 8,838
release under a post-release control sanction imposed in 8,839
accordance with section 2967.28 of the Revised Code. The period 8,841
of intermediate, transitional type of detention imposed by the 8,842
director under this division may be in a halfway house, in a 8,843
community-based correctional facility and program or district 8,844
community-based correctional facility and program established 8,845
under sections 2301.51 to 2301.56 of the Revised Code, or in any 8,846
other facility approved by the director that provides for 8,847
detention to serve as a transition between imprisonment in a 8,848
state correctional institution and release from imprisonment. 8,849
(ii) A release under a post-release control sanction 8,852
imposed in accordance with section 2967.28 of the Revised Code. 8,853
(3) The rules for the pilot program also shall include, 8,855
but are not limited to, all of the following: 8,856
(a) Rules identifying the locations within the state 8,858
correctional institution designated by the director that will be 8,859
used for eligible offenders serving a sentence of shock 8,860
incarceration; 8,861
(b) Rules establishing specific schedules of discipline, 8,863
202
physical training, and hard labor for eligible offenders serving 8,864
a sentence of shock incarceration, based upon the offender's 8,865
physical condition and needs; 8,866
(c) Rules establishing standards and criteria for the 8,868
department to use in determining which eligible offenders the 8,869
department will permit to serve their sentence of imprisonment as 8,870
a sentence of shock incarceration; 8,871
(d) Rules establishing guidelines for the selection of 8,875
post-release control sanctions for eligible offenders; 8,877
(e) Rules establishing procedures for notifying sentencing 8,881
courts of the performance of eligible offenders serving their 8,882
sentences of imprisonment as a sentence of shock incarceration; 8,883
(f) Any other rules that are necessary for the proper 8,886
conduct of the pilot program.
(C)(1) Subject to disapproval by the sentencing judge, if 8,888
IF an eligible offender is sentenced to a term of imprisonment 8,890
under the custody of the department, IF THE SENTENCING COURT 8,891
DETERMINED THAT THE OFFENDER IS ELIGIBLE FOR PLACEMENT IN A 8,893
PROGRAM OF SHOCK INCARCERATION UNDER THIS SECTION, AND IF THE
SENTENCING COURT EITHER RECOMMENDS THE OFFENDER FOR PLACEMENT IN 8,894
A PROGRAM OF SHOCK INCARCERATION OR MAKES NO RECOMMENDATION ON 8,895
PLACEMENT OF THE OFFENDER, the department may permit the eligible 8,897
offender to serve the sentence as a sentence IN A PROGRAM of 8,898
shock incarceration, in accordance WITH DIVISION (J) OF SECTION 8,899
2929.14 OF THE REVISED CODE, with this section, and WITH the 8,901
rules adopted under this section. At
IF THE SENTENCING COURT RECOMMENDS THE OFFENDER FOR 8,903
PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT 8,904
SUBSEQUENTLY PLACES THE OFFENDER IN THE RECOMMENDED PROGRAM, THE 8,905
DEPARTMENT SHALL NOTIFY THE COURT OF THE OFFENDER'S PLACEMENT IN 8,906
THE RECOMMENDED PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF 8,907
DESCRIPTION OF THE PLACEMENT.
IF THE SENTENCING COURT APPROVES PLACEMENT OF THE OFFENDER 8,909
IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT DOES NOT 8,910
203
SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PROGRAM, THE 8,912
DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE 8,913
OFFENDER WAS NOT PLACED IN THE RECOMMENDED PROGRAM.
IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON 8,915
THE PLACEMENT OF AN ELIGIBLE OFFENDER IN A PROGRAM OF SHOCK 8,917
INCARCERATION, THE DEPARTMENT SHALL SCREEN THE OFFENDER AND 8,918
DETERMINE IF THE OFFENDER IS SUITED FOR THE PROGRAM OF SHOCK 8,919
INCARCERATION. IF THE OFFENDER IS SUITED FOR THE PROGRAM OF
SHOCK INCARCERATION, AT least three weeks prior to permitting an 8,922
eligible offender to serve a THE sentence IN A PROGRAM of shock 8,924
incarceration, the department shall notify the sentencing judge
COURT of the proposed shock incarceration and of the fact that 8,926
the judge may disapprove it PLACEMENT OF THE OFFENDER IN THE 8,927
PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF 8,928
THE PLACEMENT. THE COURT SHALL HAVE TEN DAYS FROM RECEIPT OF THE 8,929
NOTICE TO DISAPPROVE THE PLACEMENT. If the sentencing judge 8,930
COURT disapproves of shock incarceration for the eligible 8,931
offender, the judge shall notify the department of the 8,932
disapproval within ten days after receipt of the notice, and THE 8,934
PLACEMENT, the department shall not permit the eligible offender 8,935
to serve a THE sentence IN A PROGRAM of shock incarceration. If 8,937
the judge does not timely disapprove of PLACEMENT OF THE OFFENDER 8,938
IN THE PROGRAM OF shock incarceration for the eligible offender, 8,939
the department may proceed with plans for the shock incarceration 8,940
PLACEMENT OF THE OFFENDER. 8,941
IF THE SENTENCING COURT DETERMINED THAT THE OFFENDER IS NOT 8,943
ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION OR IF 8,944
THE SENTENCING COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A 8,945
PROGRAM OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND 8,946
CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY PROGRAM OF SHOCK 8,947
INCARCERATION.
(2) If the department permits an eligible offender to 8,949
serve the eligible offender's sentence of imprisonment as a 8,950
sentence of shock incarceration and the eligible offender does 8,951
204
not satisfactorily complete the entire period of imprisonment 8,952
described in division (B)(2)(a) of this section, the offender 8,953
shall be removed from the pilot program for shock incarceration 8,954
and shall be required to serve the remainder of the offender's 8,955
sentence of imprisonment imposed by the sentencing court as a 8,957
regular term of imprisonment. If the eligible offender commences 8,958
a period of post-release control described in division (B)(2)(b) 8,960
of this section and violates the conditions of that post-release 8,961
control, the eligible offender shall be subject to the provisions 8,962
of sections 2967.15 and 2967.28 of the Revised Code regarding 8,964
violation of post-release control sanctions.
(3) If an eligible offender's stated prison term expires 8,968
at any time during the eligible offender's participation in the 8,970
shock incarceration program, the adult parole authority shall 8,971
terminate the eligible offender's participation in the program 8,973
and shall issue to the eligible offender a certificate of 8,975
expiration of the stated prison term. 8,976
(D) The director shall keep sentencing courts informed of 8,978
the performance of eligible offenders serving their sentences of 8,979
imprisonment as a sentence of shock incarceration, including, but 8,980
not limited to, notice of eligible offenders who fail to 8,981
satisfactorily complete their entire sentence of shock 8,982
incarceration or who satisfactorily complete their entire 8,983
sentence of shock incarceration. 8,984
(E) Within a reasonable period of time after November 20, 8,987
1990, the director shall appoint a committee to search for one or 8,990
more suitable sites at which one or more programs of shock 8,991
incarceration, in addition to the pilot program required by 8,992
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's 8,993
designee, as chairperson; employees of the department of 8,995
rehabilitation and correction appointed by the director; and any 8,996
other persons that the director, in the director's discretion, 8,997
appoints. In searching for such sites, the search committee 8,999
205
shall give preference to any site owned by the state or any other 9,000
governmental entity and to any existing structure that reasonably 9,001
could be renovated, enlarged, converted, or remodeled for 9,002
purposes of establishing such a program. The search committee 9,003
shall prepare a report concerning its activities and, on the 9,004
earlier of the day that is twelve months after the first day on 9,005
which an eligible offender began serving a sentence of shock 9,006
incarceration under the pilot program or January 1, 1992, shall 9,007
file the report with the president and the minority leader of the 9,008
senate, the speaker and the minority leader of the house of 9,009
representatives, the members of the senate who were members of 9,010
the senate judiciary committee in the 118th general assembly or 9,011
their successors, and the members of the house of representatives 9,012
who were members of the select committee to hear drug legislation 9,013
that was established in the 118th general assembly or their 9,014
successors. Upon the filing of the report, the search committee 9,015
shall terminate. The report required by this division shall 9,016
contain all of the following: 9,017
(1) A summary of the process used by the search committee 9,019
in performing its duties under this division; 9,020
(2) A summary of all of the sites reviewed by the search 9,022
committee in performing its duties under this division, and the 9,023
benefits and disadvantages it found relative to the establishment 9,024
of a program of shock incarceration at each such site; 9,025
(3) The findings and recommendations of the search 9,027
committee as to the suitable site or sites, if any, at which a 9,028
program of shock incarceration, in addition to the pilot program 9,029
required by division (B)(1) of this section, may be established. 9,030
(F) The director periodically shall review the pilot 9,032
program for shock incarceration required to be established by 9,033
division (B)(1) of this section. The director shall prepare a 9,034
report relative to the pilot program and, on the earlier of the 9,035
day that is twelve months after the first day on which an 9,036
eligible offender began serving a sentence of shock incarceration 9,037
206
under the pilot program or January 1, 1992, shall file the report 9,038
with the president and the minority leader of the senate, the 9,039
speaker and the minority leader of the house of representatives, 9,040
the members of the senate who were members of the senate 9,041
judiciary committee in the 118th general assembly or their 9,042
successors, and the members of the house of representatives who 9,043
were members of the select committee to hear drug legislation 9,044
that was established in the 118th general assembly or their 9,045
successors. The pilot program shall not terminate at the time of 9,046
the filing of the report, but shall continue in operation in 9,047
accordance with this section. The report required by this 9,048
division shall include all of the following: 9,049
(1) A summary of the pilot program as initially 9,051
established, a summary of all changes in the pilot program made 9,052
during the period covered by the report and the reasons for the 9,053
changes, and a summary of the pilot program as it exists on the 9,054
date of preparation of the report; 9,055
(2) A summary of the effectiveness of the pilot program, 9,057
in the opinion of the director and employees of the department 9,058
involved in its operation; 9,059
(3) An analysis of the total cost of the pilot program, of 9,061
its cost per inmate who was permitted to serve a sentence of 9,062
shock incarceration and who served the entire sentence of shock 9,063
incarceration, and of its cost per inmate who was permitted to 9,064
serve a sentence of shock incarceration; 9,065
(4) A summary of the standards and criteria used by the 9,067
department in determining which eligible offenders were permitted 9,068
to serve their sentence of imprisonment as a sentence of shock 9,069
incarceration; 9,070
(5) A summary of the characteristics of the eligible 9,072
offenders who were permitted to serve their sentence of 9,073
imprisonment as a sentence of shock incarceration, which summary 9,074
shall include, but not be limited to, a listing of every offense 9,075
of which any such eligible offender was convicted or to which any 9,076
207
such eligible offender pleaded guilty and in relation to which 9,077
the eligible offender served a sentence of shock incarceration, 9,079
and the total number of such eligible offenders who were 9,080
convicted of or pleaded guilty to each such offense; 9,081
(6) A listing of the number of eligible offenders who were 9,083
permitted to serve a sentence of shock incarceration and who did 9,084
not serve the entire sentence of shock incarceration, and, to the 9,085
extent possible, a summary of the length of the terms of 9,086
imprisonment served by such eligible offenders after they were 9,087
removed from the pilot program; 9,088
(7) A summary of the effect of the pilot program on 9,090
overcrowding at state correctional institutions; 9,091
(8) To the extent possible, an analysis of the rate of 9,093
recidivism of eligible offenders who were permitted to serve a 9,094
sentence of shock incarceration and who served the entire 9,095
sentence of shock incarceration; 9,096
(9) Recommendations as to legislative changes to the pilot 9,098
program that would assist in its operation or that could further 9,099
alleviate overcrowding at state correctional institutions, and 9,100
recommendations as to whether the pilot program should be 9,101
expanded. 9,102
Sec. 5120.032. (A) No later than January 1, 1998, the 9,112
department of rehabilitation and correction shall develop and 9,114
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 9,115
section. The intensive program prisons shall include institutions 9,116
at which imprisonment of the type described in division (B)(2)(a) 9,118
of section 5120.031 of the Revised Code is provided and prisons 9,119
that focus on educational achievement, vocational training, 9,120
alcohol and other drug abuse treatment, community service and 9,121
conservation work, and other intensive regimens or combinations 9,122
of intensive regimens.
(B)(1)(a) Except as provided in division (B)(2) of this 9,125
section, IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS 9,126
208
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER THIS 9,127
SECTION AND THE SENTENCING COURT EITHER RECOMMENDS THE OFFENDER 9,128
FOR PLACEMENT IN THE INTENSIVE PROGRAM PRISON OR MAKES NO 9,129
RECOMMENDATION ON PLACEMENT OF THE PRISONER, the department may 9,130
place a THE prisoner in an intensive program prison established 9,132
pursuant to division (A) of this section subject to the approval 9,133
of the sentencing judge. At
IF THE SENTENCING COURT RECOMMENDS A PRISONER FOR PLACEMENT 9,135
IN AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT SUBSEQUENTLY 9,136
PLACES THE PRISONER IN THE RECOMMENDED PRISON, THE DEPARTMENT 9,137
SHALL NOTIFY THE COURT OF THE PRISONER'S PLACEMENT IN THE 9,138
RECOMMENDED INTENSIVE PROGRAM PRISON AND SHALL INCLUDE WITH THE 9,139
NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT.
IF THE SENTENCING COURT APPROVES PLACEMENT OF A PRISONER IN 9,141
AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT DOES NOT 9,142
SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PRISON, THE 9,143
DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE 9,144
PRISONER WAS NOT PLACED IN THE RECOMMENDED PRISON.
IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON 9,146
THE PLACEMENT OF AN ELIGIBLE PRISONER IN AN INTENSIVE PROGRAM 9,147
PRISON, THE DEPARTMENT SHALL SCREEN THE PRISONER AND DETERMINE IF 9,148
THE PRISONER IS SUITED FOR THE PRISON. IF THE PRISONER IS SUITED 9,150
FOR THE INTENSIVE PROGRAM PRISON, AT least three weeks prior to 9,152
placing a THE prisoner in an intensive program THE prison, the 9,153
department shall give notice of the placement and of the fact 9,154
that the judge may disapprove the placement NOTIFY THE SENTENCING 9,155
COURT OF THE PROPOSED PLACEMENT OF THE PRISONER IN THE INTENSIVE 9,156
PROGRAM PRISON AND SHALL INCLUDE WITH THE NOTICE A BRIEF 9,157
DESCRIPTION OF THE PLACEMENT. THE COURT SHALL HAVE TEN DAYS FROM 9,158
RECEIPT OF THE NOTICE TO DISAPPROVE THE PLACEMENT. If the judge 9,159
SENTENCING COURT disapproves the placement, the judge shall 9,160
notify the department of the disapproval within ten days after
receipt of the notice. If the judge timely disapproves the 9,161
placement, the department shall not proceed with it. If the 9,162
209
judge SENTENCING COURT does not timely disapprove of the 9,164
placement, the department may proceed with plans for it.
IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS NOT 9,166
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON OR IF THE 9,167
SENTENCING COURT DISAPPROVES PLACEMENT OF AN OFFENDER IN A PRISON 9,168
OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND CORRECTION 9,169
SHALL NOT PLACE THE PRISONER IN ANY INTENSIVE PROGRAM PRISON. 9,170
(b) The department may reduce the stated prison term of a 9,173
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 9,174
whose term has been so reduced shall be required to serve an 9,176
intermediate, transitional type of detention followed by a 9,177
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 9,178
sanctions, as described in division (B)(2)(b)(ii) of section 9,179
5120.031 of the Revised Code. In either case, the placement 9,180
under post-release control sanctions shall be under terms set by 9,183
the parole board in accordance with section 2967.28 of the 9,184
Revised Code and shall be subject to the provisions of that 9,187
section with respect to a violation of any post-release control 9,189
sanction.
(2) A prisoner who is in any of the following categories 9,191
is not eligible to participate in an intensive program prison 9,193
established pursuant to division (A) of this section: 9,194
(a) The prisoner is serving a prison term for aggravated 9,197
murder, murder, or a felony of the first or second degree or a 9,198
comparable offense under the law in effect prior to the effective 9,200
date of this section JULY 1, 1996, or the prisoner previously has 9,201
been imprisoned for aggravated murder, murder, or a felony of the 9,202
first or second degree or a comparable offense under the law in 9,203
effect prior to the effective date of this section JULY 1, 1996. 9,205
(b) The prisoner is serving a mandatory prison term, as 9,207
defined in section 2929.01 of the Revised Code. 9,208
(c) The prisoner is serving a prison term for a felony of 9,210
210
the third, fourth, or fifth degree that either is a sex offense, 9,211
an offense betraying public trust, or an offense in which the 9,212
prisoner caused or attempted to cause actual physical harm to a 9,213
person, the prisoner is serving a prison term for a comparable 9,214
offense under the law in effect prior to the effective date of 9,215
this section JULY 1, 1996, or the prisoner previously has been 9,216
imprisoned for an offense of that type or a comparable offense 9,217
under the law in effect prior to the effective date of this 9,218
section JULY 1, 1996. 9,219
(d) The prisoner is serving a mandatory prison term in 9,221
prison for a fouth degree felony OMVI offense, as defined in 9,222
section 2929.01 of the Revised Code, that was imposed pursuant to 9,223
division (G)(2) of section 2929.13 of the Revised Code. 9,224
(C) Upon the implementation of intensive program prisons 9,226
pursuant to division (A) of this section, the department at all 9,227
times shall maintain intensive program prisons sufficient in 9,228
number to reduce the prison terms of at least three hundred fifty 9,229
prisoners who are eligible for reduction of their stated prison 9,230
terms as a result of their completion of a regimen in an
intensive program prison under this section. 9,232
Section 2. That existing sections 2901.04, 2923.02, 9,234
2925.02, 2925.03, 2925.04, 2925.05, 2925.11, 2925.23, 2925.36, 9,235
2927.24, 2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 9,236
2929.18, 2929.19, 2929.20, 2929.223, 2935.36, 2937.99, 2941.141, 9,237
2941.144, 2941.145, 2941.146, 2941.1410, 2949.08, 2951.02, 9,238
2953.08, 2967.131, 2967.141, 2967.16, 2967.26, 2967.28, 3719.121, 9,240
3719.70, 3719.99, 4715.30, 4729.99, 4730.25, 4731.22, 5120.031, 9,241
and 5120.032 and sections 2929.181 and 2951.041 of the Revised
Code are hereby repealed. 9,242
Section 3. The General Assembly hereby declares that the 9,244
repeal of section 2929.181 of the Revised Code in Section 2 of 9,245
this act is intended to be a ratification of the repeal of 9,246
section 2929.181 of the Revised Code by Am. Sub. S.B. 269 of the 9,247
121st General Assembly, which was effective on July 1, 1996, and 9,248
211
that section 2929.181 of the Revised Code, as enacted by Am. Sub. 9,249
S.B. 2 of the 121st General Assembly, is not currently in effect. 9,251
Section 2929.181 of the Revised Code was enacted by Am. 9,253
Sub. S.B. 2 of the 121st General Assembly, which was effective on 9,254
July 1, 1996, was amended by Sub. H.B. 480 of the 121st General 9,255
Assembly, which was enacted on May 23, 1996, and effective on 9,256
October 16, 1996, and was repealed by Am. Sub. S.B. 269 of the 9,257
121st General Assembly, which was enacted on May 30, 1996, and 9,258
effective on July 1, 1996. The different enactment dates and 9,259
effective dates of Sub. H.B. 480 and Am. Sub. S.B. 269 of the 9,260
121st General Assembly have caused some confusion as to whether 9,261
section 2929.181 of the Revised Code continued in effect after 9,262
the effective date of Sub. H.B. 480 of the 121st General 9,263
Assembly, despite the repeal of the section by Am. Sub. S.B. 269. 9,265
It was the intent of the 121st General Assembly to repeal 9,267
section 2929.181 of the Revised Code effective on July 1, 1996, 9,268
by Am. Sub. S.B. 269 of the 121st General Assembly. This repeal 9,269
is supported by section 1.52 of the Revised Code, which provides 9,270
that, if statutes enacted by the same session of the General 9,271
Assembly are irreconcilable, the statute latest in date of 9,272
enactment prevails. Am. Sub. S.B. 269 of the 121st General 9,273
Assembly was enacted on May 30, 1996, seven days after the 9,274
enactment of Sub. H.B. 480 of the 121st General Assembly. 9,275
Therefore, the repeal of section 2929.181 of the Revised Code 9,276
contained in Am. Sub. S.B. 269 of the 122nd General Assembly 9,277
controlled over the amendment of that section by Sub. H.B. 480 of 9,279
the 121st General Assembly, and the section was repealed
effective July 1, 1996. 9,280
Section 4. (A) Section 2929.01 of the Revised Code was 9,282
amended by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd 9,283
General Assembly. Comparison of these amendments in pursuance of 9,284
section 1.52 of the Revised Code discloses that while certain of 9,285
the amendments of these acts are reconcilable, certain other of 9,286
the amendments are substantively irreconcilable. H.B. 378 was 9,287
212
passed on November 13, 1997; S.B. 111 was passed on November 18, 9,288
1997. Section 2929.01 of the Revised Code is therefore presented 9,289
in this act as it results from S.B. 111 and such of the 9,290
amendments of H.B. 378 as are not in conflict with the amendments 9,291
of S.B. 111. This is in recognition of the principles stated in 9,292
division (B) of section 1.52 of the Revised Code that amendments 9,293
are to be harmonized where not substantively irreconcilable, and 9,294
that where amendments are substantively irreconcilable, the 9,295
latest amendment is to prevail. This section constitutes a
legislative finding that such harmonized and reconciled section 9,296
was the resulting version in effect prior to the effective date 9,298
of this act.
(B) Sections 2929.15 and 2929.17 of the Revised Code are 9,302
presented in this act as composites of the sections as amended by 9,303
both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General
Assembly, with the new language of neither of the acts shown in 9,304
capital letters. Section 2929.19 of the Revised Code is 9,307
presented in this act as a composite of the section as amended by 9,308
Am. Sub. H.B. 180, Am. Sub. S.B. 166, and Am. Sub. S.B. 269 of 9,309
the 121st General Assembly, with the new language of none of the 9,311
acts shown in capital letters. Section 2929.223 of the Revised 9,312
Code is presented in this act as a composite of the section as 9,314
amended by both Sub. H.B. 480 and Am. Sub. S.B. 269 of the 121st 9,315
General Assembly, with the new language of none of the acts shown 9,317
in capital letters. Section 5120.032 of the Revised Code is 9,319
presented in this act as a composite of the section as amended by 9,320
both Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st General 9,321
Assembly, with the new language of neither of the acts shown in 9,323
capital letters. This is in recognition of the principle stated 9,324
in division (B) of section 1.52 of the Revised Code that such 9,325
amendments are to be harmonized where not substantively 9,326
irreconcilable and constitutes a legislative finding that such is 9,327
the resulting version in effect prior to the effective date of 9,328
this act.