As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 107  5            

      1999-2000                                                    6            


        SENATORS LATTA-OELSLAGER-FINGERHUT-BLESSING-DRAKE          8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 181.21, 181.22, 181.23, 181.24,     12           

                181.25, 1721.19, 2901.04, 2923.02, 2925.02,        13           

                2925.03, 2925.04, 2925.05, 2925.11, 2925.13,       14           

                2925.23, 2925.36, 2927.24, 2929.01, 2929.12,                    

                2929.13, 2929.14, 2929.15, 2929.17, 2929.18,       16           

                2929.19, 2929.20, 2929.223, 2935.36, 2937.99,      17           

                2941.141, 2941.144, 2941.145, 2941.146,                         

                2941.1410, 2949.08, 2951.02, 2953.08, 2967.13,     18           

                2967.131, 2967.141, 2967.16, 2967.26, 2967.28,                  

                3719.121, 3719.70, 3719.99, 3767.12, 3773.99,      21           

                4715.30, 4729.99, 4730.25, 4731.22, 4953.11,                    

                4973.23, 4973.25, 5120.031, and 5120.032, to       23           

                enact new section 2951.041 and section 2923.162,                

                and to repeal sections 1741.01, 1741.02, 1741.03,  24           

                1741.04, 1741.05, 1741.06, 1741.07, 1741.08,       25           

                1741.09, 1741.10, 1741.11, 1741.12, 1741.13,                    

                1741.14, 1741.99, 2929.181, 2951.041, 3773.05,     26           

                3773.07, 3773.21, and 3773.211 of the Revised                   

                Code to clarify and modify certain provisions of   29           

                the Controlled Substance Law and Drug Abuse Law                 

                that were affected by Am. Sub. S.B. 2 and Am.      30           

                Sub. S.B. 269 of the 121st General Assembly, to    31           

                modify the felony sentencing law as modified by    32           

                those acts, to clarify that section 2929.181 of    33           

                the Revised Code was repealed by Am. Sub. S.B.                  

                269 of the 121st General Assembly, effective July  34           

                1, 1996, to revise the law enforcement powers      35           

                that are granted to certain persons who are not                 

                                                          2      


                                                                 
                traditional law enforcement officers, to           36           

                eliminate, consolidate, or modify certain archaic               

                law enforcement-related provisions and offenses,   37           

                to repeal the law dealing with bridge companies,   38           

                to expand the provisions pertaining to declaring                

                habitual resorts for thieves, burglars, or         39           

                robbers to be a nuisance, to increase the penalty  40           

                in specified circumstances for the offense of                   

                permitting drug abuse, to declare premises or      41           

                real estate used to commit the offense of          42           

                permitting drug abuse a nuisance, and to rename                 

                the Criminal Sentencing Council as the Criminal    43           

                Sentencing Commission.                                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        45           

      Section 1.  That sections 181.21, 181.22, 181.23, 181.24,    47           

181.25, 1721.19, 2901.04, 2923.02, 2925.02, 2925.03, 2925.04,      49           

2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 2927.24, 2929.01,                  

2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 2929.18, 2929.19,     50           

2929.20, 2929.223, 2935.36, 2937.99, 2941.141, 2941.144,           51           

2941.145, 2941.146, 2941.1410, 2949.08, 2951.02, 2953.08,          52           

2967.13, 2967.131, 2967.141, 2967.16, 2967.26, 2967.28, 3719.121,  54           

3719.70, 3719.99, 3767.12, 3773.99, 4715.30, 4729.99, 4730.25,     55           

4731.22, 4953.11, 4973.23, 4973.25, 5120.031, and 5120.032 be      57           

amended and new section 2951.041 and section 2923.162 of the                    

Revised Code be enacted to read as follows:                        59           

      Sec. 181.21.  (A)  There is hereby created within the        68           

supreme court the state criminal sentencing council COMMISSION,    69           

consisting of thirty-one members.  One member shall be the chief   70           

justice of the supreme court, who shall be the chairperson of the  71           

council COMMISSION.  The following ten members of the council      72           

COMMISSION, no more than six of whom shall be members of the same  73           

political party, shall be appointed by the chief justice:  one     74           

                                                          3      


                                                                 
judge of a court of appeals, three judges of courts of common      75           

pleas who are not juvenile court judges, three judges of juvenile  77           

courts, and three judges of municipal courts or county courts.     78           

Four members shall be the superintendent of the state highway      79           

patrol, the state public defender, the director of youth           80           

services, and the director of rehabilitation and correction, or    82           

their individual designees.  The following twelve members, no      83           

more than seven of whom shall be members of the same political     84           

party, shall be appointed by the governor after consulting with    85           

the appropriate state associations, if any, that are represented   86           

by these members:  one sheriff; two county prosecuting attorneys,  88           

at least one of whom shall be experienced in the prosecution of    89           

cases in juvenile court involving alleged delinquent children,     90           

unruly children, and juvenile traffic offenders; two peace                      

officers of a municipal corporation or township, at least one of   92           

whom shall be experienced in the investigation of cases involving  93           

juveniles; one former victim of a violation of Title XXIX of the   94           

Revised Code; one attorney whose practice of law primarily         95           

involves the representation of criminal defendants; one member of  96           

the Ohio state bar association; one attorney whose practice of     97           

law primarily involves the representation in juvenile court of                  

alleged delinquent children, unruly children, and juvenile         98           

traffic offenders; one full-time city prosecuting attorney; one    99           

county commissioner; and one mayor, city manager, or member of a   100          

legislative authority of a municipal corporation.  Two members     101          

shall be members of the senate, one appointed by the president of  103          

the senate and one appointed by the minority leader of the         104          

senate.  Two members shall be members of the house of                           

representatives, one appointed by the speaker of the house of      105          

representatives and one appointed by the minority leader of the    106          

house of representatives.                                          107          

      The chief justice shall become a member of the council       109          

COMMISSION on August 22, 1990, and the chief justice's successors  110          

in office shall become members of the council COMMISSION on the    112          

                                                          4      


                                                                 
day that they assume the office of chief justice.  The term of     113          

office of the chief justice as a member of the council COMMISSION  114          

shall continue for as long as the chief justice that person holds  115          

the office of chief justice.  The term of office of the member     116          

who is an attorney whose practice of law primarily involves the    117          

representation of criminal defendants, the term of office of the   119          

member who is an attorney whose practice of law primarily          120          

involves the representation in juvenile court of alleged                        

delinquent children, unruly children, and juvenile traffic         121          

offenders, and the term of office of the former victim of a        122          

violation of Title XXIX of the Revised Code shall be four years.   124          

The term of office of the superintendent of the state highway      125          

patrol, the state public defender, the director of youth                        

services, and the director of rehabilitation and correction, or    127          

their individual designees, as members of the council COMMISSION   128          

shall continue for as long as they hold the office of              129          

superintendent of the state highway patrol, state public           130          

defender, director of youth services, or director of                            

rehabilitation and correction.  The term of office of a municipal  132          

corporation or township peace officer as a member of the council   133          

COMMISSION shall be the lesser of four years or until the peace    134          

officer that person ceases to be a peace officer of a municipal    136          

corporation or township.  Unless the full-time city prosecuting    137          

attorney is an elected official, the term of office of the         139          

full-time city prosecuting attorney shall be the lesser of four    140          

years or until the full-time city prosecuting attorney ceases to   141          

be a full-time city prosecuting attorney.  All of the members of   142          

the council COMMISSION who are elected officials shall serve the   143          

lesser of four years or until the expiration of their term of      144          

office.  Any vacancy on the council COMMISSION shall be filled in  145          

the same manner as the original appointment.                       146          

      When the chief justice and governor make their appointments  148          

to the council COMMISSION, they shall consider adequate            149          

representation by race and gender.                                 150          

                                                          5      


                                                                 
      (B)  The council COMMISSION shall select a vice-chairperson  152          

and any other necessary officers and adopt rules to govern its     153          

proceedings.  The council COMMISSION shall meet as necessary at    154          

the call of the chairperson or on the written request of eight or  156          

more of its members.  Sixteen members of the council COMMISSION    157          

constitute a quorum, and the votes of a majority of the quorum     158          

present shall be required to validate any action of the council    159          

COMMISSION.  All business of the council COMMISSION shall be       160          

conducted in public meetings.                                                   

      The members of the council COMMISSION shall serve without    162          

compensation, but each member shall be reimbursed for the          163          

member's actual and necessary expenses incurred in the             164          

performance of the member's official duties on the commission.     165          

In the absence of the chairperson, the vice-chairperson shall      166          

perform the duties of the chairperson.                             167          

      (C)  The council COMMISSION shall establish an office and    169          

shall appoint and fix the compensation of a project director and   170          

any other employees necessary to assist the council COMMISSION in  171          

the execution of its authority under sections 181.21 to 181.26 of  173          

the Revised Code.  The project director shall have a thorough      174          

understanding of the criminal laws of this state and experience    175          

in committee-oriented research.  The other employees may include   176          

a research coordinator with experience and training in             177          

policy-oriented research; professional staff employees with        178          

backgrounds in criminal law, criminal justice, political science,  179          

or related fields of expertise; administrative assistants; and     180          

secretaries.  The council COMMISSION also may appoint and fix the  181          

compensation of part-time data collectors, clerical employees,     182          

and other temporary employees as needed to enable the council      183          

COMMISSION to execute its authority under sections 181.21 to       184          

181.26 of the Revised Code.                                        185          

      (D)  The sentencing commission shall establish a standing    187          

juvenile committee.  The committee shall consist of the following  188          

commission members:  the chief justice of the supreme court or     189          

                                                          6      


                                                                 
the chief justice's designee, the director of youth services, the  191          

three juvenile court judges, one court of common pleas judge who                

is not a juvenile court judge, one county prosecuting attorney     192          

who is experienced in the prosecution of cases in juvenile court   193          

involving alleged delinquent children, unruly children, and        194          

juvenile traffic offenders, the attorney whose practice of law     195          

primarily involves the representation in juvenile court of         196          

alleged delinquent children, unruly children, and juvenile                      

traffic offenders, the former victim of a violation of Title XXIX  198          

of the Revised Code, the county commissioner, one legislator from  199          

each political party, the sheriff, and one municipal corporation   200          

or township peace officer who is experienced in the investigation  201          

of cases involving juveniles.  The members of the commission may   202          

serve on the committee by designation of the chief justice.  The   203          

chief justice shall designate a member to serve as chairperson of  204          

the committee.  The committee shall meet as necessary at the call  205          

of the chairperson or on the written request of four or more of    206          

the committee's members.  A majority of the members of the                      

committee shall constitute a quorum, and the votes of a majority   207          

of the quorum present shall be required to validate any action of  208          

the committee, including recommendations to the commission.  The   209          

committee and the commission shall comply with section 181.26 of   210          

the Revised Code.                                                               

      Sec. 181.22.  There is hereby created the criminal           219          

sentencing advisory committee that.  THE COMMITTEE shall be        220          

comprised of the chairperson of the parole board, the director of  222          

the office of the correctional institution inspection committee,                

a juvenile detention home operator, a provider of juvenile         223          

probation services, a provider of juvenile parole or aftercare     224          

services, a superintendent of a state institution operated by the  225          

department of youth services, a community-based juvenile services  226          

provider, a person who is a member of a youth advocacy             227          

organization, a victim of a violation of Title XXIX of the         228          

Revised Code that was committed by a juvenile offender, a          229          

                                                          7      


                                                                 
representative of community corrections programming appointed by   230          

the governor, and any other members appointed by the chairperson   231          

of the state criminal sentencing council COMMISSION upon the       232          

advice of the council COMMISSION.  The committee shall serve as    234          

an advisory body to the state criminal sentencing council          235          

COMMISSION and to the commission's standing juvenile committee.    236          

      The members of the committee shall serve without             238          

compensation, but each member shall be reimbursed for the          239          

member's actual and necessary expenses incurred in the             240          

performance of the member's official duties.                       241          

      Sec. 181.23.  (A)  The state criminal sentencing council     250          

COMMISSION shall study the existing criminal statutes and law of   251          

this state, sentencing patterns throughout the state, and          253          

available correctional resources.  The council COMMISSION shall    254          

use the results of its study to develop and recommend to the       255          

general assembly a comprehensive criminal sentencing structure.    256          

As part of its study, the council COMMISSION shall do all of the   257          

following:                                                                      

      (1)  Evaluate the effectiveness of the sentencing structure  259          

of the state;                                                      260          

      (2)  Systematically review each criminal statute to          262          

determine if the penalty provided is proportional to the           263          

seriousness of the offense committed and to penalties provided     264          

for other offenses;                                                265          

      (3)  Review any existing sentencing guidelines;              267          

      (4)  Determine the number, capacity, and quality of all      269          

available state, regional, and local correctional facilities and   270          

resources, including, but not limited to, detention facilities,    271          

probation services, pretrial diversion programs, and other         272          

nonfacility correctional programs;                                 273          

      (5)  Collect a profile of the populations of state,          275          

regional, and local correctional facilities, services, and         276          

programs;                                                          277          

      (6)  Coordinate available correctional facilities,           279          

                                                          8      


                                                                 
services, and programs with the criminal sentencing goals of the   280          

state, including, but not limited to, punishment, deterrence,      281          

fairness, rehabilitation, and treatment;                           282          

      (7)  Identify any additional correctional resources that     284          

are necessary to balance the needs of criminal sentencing and the  285          

available correctional resources.                                  286          

      (B)  The council COMMISSION shall develop a sentencing       288          

policy for the state that is based upon the findings and           289          

conclusions of its study under division (A) of this section.  The  290          

policy shall be designed to enhance public safety by achieving     291          

certainty in sentencing, deterrence, and a reasonable use of       292          

correctional facilities, programs, and services and shall be       293          

designed to achieve fairness in sentencing.                        294          

      Sec. 181.24.  (A)  No later than July 1, 1993, the state     303          

criminal sentencing council COMMISSION shall recommend to the      304          

general assembly a comprehensive criminal sentencing structure     305          

for the state that is consistent with the sentencing policy        306          

developed pursuant to division (B) of section 181.23 of the        307          

Revised Code and the conclusions of the study conducted pursuant   308          

to division (A) of that section.  The sentencing structure shall   309          

be designed to enhance public safety, to assist in the management  310          

of prison overcrowding and correctional resources, to simplify     311          

the sentencing structure of the state that is in existence on      312          

August 22, 1990, and to result in a new sentencing structure that  313          

is readily understandable by the citizens of the state, to         314          

simplify the criminal code of the state, to assure                 315          

proportionality, uniformity, and other fairness in criminal        316          

sentencing, and to provide increased certainty in criminal         317          

sentencing.                                                                     

      (B)  The comprehensive criminal sentencing structure         319          

recommended by the council COMMISSION shall provide for all of     320          

the following:                                                     321          

      (1)  Proportionate sentences, with increased penalties for   323          

offenses based upon the seriousness of the offense and the         324          

                                                          9      


                                                                 
criminal history of the offender;                                  325          

      (2)  Procedures for ensuring that the penalty imposed for a  327          

criminal offense upon similar offenders is uniform in all          328          

jurisdictions in the state;                                        329          

      (3)  Retention of reasonable judicial discretion within      331          

established limits that are consistent with the goals of the       332          

overall criminal sentencing structure;                             333          

      (4)  Procedures for matching criminal penalties with the     335          

available correctional facilities, programs, and services;         336          

      (5)  A structure and procedures that control the use and     338          

duration of a full range of sentencing options that is consistent  339          

with public safety, including, but not limited to, long terms of   340          

imprisonment, probation, fines, and other sanctions that do not    341          

involve incarceration;                                             342          

      (6)  Appropriate reasons for judicial discretion in          344          

departing from the general sentencing structure.                   345          

      (C)  The council COMMISSION shall project the impact of all  347          

aspects of the comprehensive criminal sentencing structure upon    348          

the capacities of existing correctional facilities.  It also       349          

shall project the effect of parole release patterns and patterns   350          

of release from regional and local jails, workhouses, and other    351          

correctional facilities upon the sentencing structure.             352          

Additionally, the council COMMISSION shall determine whether any   353          

additional correctional facilities are necessary to implement the  354          

sentencing structure.                                              355          

      (D)  The council COMMISSION shall determine whether any      357          

special appellate procedures are necessary for reviewing           358          

departures from, or the misapplication of, the general sentencing  359          

structure recommended pursuant to this section.                    360          

      (E)  The council COMMISSION shall submit a draft version of  362          

the comprehensive criminal sentencing structure to selected        363          

judges, prosecuting attorneys, defense attorneys, law enforcement  364          

officials, correctional officials, bar associations, and other     365          

persons with experience or expertise in criminal sentencing and    366          

                                                          10     


                                                                 
solicit their comments on the draft.                               367          

      Sec. 181.25.  (A)  If the comprehensive criminal sentencing  376          

structure that it recommends to the general assembly pursuant to   377          

section 181.24 of the Revised Code or any aspects of that          378          

sentencing structure are enacted into law, the state criminal      379          

sentencing council COMMISSION shall do all of the following:       380          

      (1)  Assist the general assembly in the implementation of    382          

those aspects of the sentencing structure that are enacted into    383          

law;                                                               384          

      (2)  Monitor the operation of the aspects of the sentencing  386          

structure that are enacted into law and report to the general      388          

assembly no later than January 1, 1997, and biennially             390          

thereafter, on all of the following matters:                                    

      (a)  The impact of the sentencing structure in effect on     393          

and after July 1, 1996, on political subdivisions and other        394          

relevant aspects of local government in this state, including all  395          

of the following information:                                      396          

      (i)  The number and type of offenders who were being         399          

imprisoned in a state correctional institution under the law in    400          

effect prior to July 1, 1996, but who are being punished under a   401          

community control sanction, as defined in section 2929.01 of the   402          

Revised Code, under the law in effect on and after July 1, 1996;   405          

      (ii)  The fiscal and other impact of the law in effect on    408          

and after July 1, 1996, on political subdivisions and other        410          

relevant aspects of local government in this state, including law  411          

enforcement agencies, the court system, prosecutors, as defined    412          

in section 2935.01 of the Revised Code, the public defender and    413          

assigned counsel system, jails and workhouses, probation           414          

departments, the drug and alcohol abuse intervention and           415          

treatment system, and the mental health intervention and           416          

treatment system;.                                                 417          

      (b)  The impact of the sentencing structure in effect on     420          

and after July 1, 1996, on the population of state correctional    421          

institutions, including information regarding the number and       422          

                                                          11     


                                                                 
types of offenders who are being imprisoned under the law in       423          

effect on and after July 1, 1996, and the amount of space in       425          

state correctional institutions that is necessary to house those   426          

offenders;                                                                      

      (c)  The impact of the sentencing structure and the          429          

sentence appeal provisions in effect on and after July 1, 1996,    430          

on the appellate courts of this state, including information       431          

regarding the number of sentence-based appeals, the cost of        432          

reviewing appeals of that nature, whether a special court should   433          

be created to review sentences, and whether changes should be      435          

made to ensure that sentence-based appeals are conducted           436          

expeditiously.                                                                  

      (3)  Review all bills that are introduced in the general     438          

assembly that provide for new criminal offenses or that change     439          

the penalty for any criminal offense, determine if those bills     440          

are consistent with the sentencing policy adopted under division   441          

(B) of section 181.23 of the Revised Code, determine the impact    442          

of those bills upon the correctional resources of the state, and   443          

recommend to the general assembly any necessary amendments to      444          

those bills.  When the council COMMISSION recommends any           445          

amendment for a bill before the general assembly, it shall do so   447          

in a manner that is consistent with the requirements of section    448          

181.24 of the Revised Code.                                        449          

      (4)  Study criminal sentencing structures in this state,     451          

other states, and the federal government, recommend necessary      452          

changes to the sentencing structure of the state, and determine    453          

the costs and effects of any proposed changes in the sentencing    454          

structure of the state;                                            455          

      (5)  Collect and maintain data that pertains to the cost to  458          

counties of the felony sentence appeal provisions set forth in     459          

section 2953.08 of the Revised Code, of the postconviction relief  460          

proceeding provisions set forth in division (A)(2) of section      461          

2953.21 of the Revised Code, and of appeals from judgments                      

entered in such postconviction relief proceedings.  The data so    463          

                                                          12     


                                                                 
collected and maintained shall include, but shall not be limited   464          

to, the increase in expenses that counties experience as a result  465          

of those provisions and those appeals and the number of felony     466          

sentence appeals made, postconviction relief proceedings filed,    468          

and appeals of postconviction relief proceeding judgments made in  469          

each county under those provisions.  The council COMMISSION        470          

periodically shall provide to the felony sentence appeal cost      471          

oversight committee, in accordance with division (I) of section    473          

2953.08 of the Revised Code, all data the council COMMISSION       474          

collects pursuant to this division.                                             

      (B)  In addition to its duties set forth in section 181.24   476          

of the Revised Code and division (A) of this section, the state    478          

criminal sentencing council COMMISSION shall review all            480          

forfeiture statutes in Titles XXIX and XLV of the Revised Code     482          

and, not later than July 1, 2001, recommend to the general         483          

assembly any necessary changes to those statutes.                  484          

      Sec. 1721.19.  (A)  No person shall violate a bylaw, rule,   493          

or regulation adopted by the trustees, directors, or other         495          

officers of a cemetery company or association, or by a board of    496          

township trustees having charge of township cemeteries, with       497          

reference to the protection, good order, and preservation of                    

cemeteries, and the trees, shrubbery, structures, and adornments   498          

therein.                                                                        

      Watchmen, superintendents, gardeners (B)(1)  A WATCHPERSON,  500          

SUPERINTENDENT, GARDENER, or agents AGENT of a cemetery company    502          

or association may arrest on view, a person found violating this   503          

section and bring him before a judge of a county court or judge    504          

of a municipal court having jurisdiction within the township for   506          

trial WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS          507          

VIOLATED DIVISION (A) OF THIS SECTION MAY DETAIN THE PERSON IN A   509          

REASONABLE MANNER AND FOR A REASONABLE LENGTH OF TIME WITHIN THE   510          

PROPERTY OF THE CEMETERY COMPANY OR ASSOCIATION, FOR THE PURPOSE   511          

OF RECOVERING ANY PROPERTY INVOLVED IN THE VIOLATION, CAUSING AN   512          

ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A WARRANT OF    514          

                                                          13     


                                                                 
ARREST.                                                                         

      (2)  A WATCHPERSON, SUPERINTENDENT, GARDENER, OR AGENT       516          

ACTING UNDER DIVISION (B)(1) OF THIS SECTION SHALL NOT SEARCH THE  518          

PERSON DETAINED, SEARCH OR SEIZE ANY PROPERTY BELONGING TO THE     519          

PERSON DETAINED WITHOUT THE PERSON'S CONSENT, OR USE UNDUE         520          

RESTRAINT UPON THE PERSON DETAINED.                                521          

      (3)  ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF     523          

THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE  525          

OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED ANY ACT IN     526          

VIOLATION OF DIVISION (A) OF THIS SECTION THAT ALSO IS A           528          

VIOLATION OF LAW AND SHALL MAKE THE ARREST WITHIN A REASONABLE     529          

TIME AFTER THE COMMISSION OF THE ACT IN VIOLATION OF DIVISION (A)  530          

OF THIS SECTION.                                                   531          

      Sec. 2901.04.  (A)  Sections EXCEPT AS OTHERWISE PROVIDED    540          

IN DIVISION (C) OF THIS SECTION, SECTIONS of the Revised Code      541          

defining offenses or penalties shall be strictly construed         543          

against the state, and liberally construed in favor of the         544          

accused.                                                                        

      (B)  Rules of criminal procedure and sections of the         546          

Revised Code providing for criminal procedure shall be construed   547          

so as to effect the fair, impartial, speedy, and sure              548          

administration of justice.                                                      

      (C)  ANY PROVISION OF A SECTION OF THE REVISED CODE THAT     550          

REFERS TO A PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A          551          

VIOLATION OF A SECTION OF THE REVISED CODE OR OF A DIVISION OF A   552          

SECTION OF THE REVISED CODE SHALL BE CONSTRUED TO ALSO REFER TO A               

PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A SUBSTANTIALLY        553          

EQUIVALENT OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE,  554          

ANOTHER STATE, OR THE UNITED STATES OR UNDER AN EXISTING OR        555          

FORMER MUNICIPAL ORDINANCE.                                                     

      Sec. 2923.02.  (A)  No person, purposely or knowingly, and   564          

when purpose or knowledge is sufficient culpability for the        565          

commission of an offense, shall engage in conduct that, if         566          

successful, would constitute or result in the offense.             567          

                                                          14     


                                                                 
      (B)  It is no defense to a charge under this section that,   569          

in retrospect, commission of the offense that was the object of    571          

the attempt was either factually or legally impossible under the   572          

attendant circumstances, if that offense could have been           573          

committed had the attendant circumstances been as the actor        574          

believed them to be.                                               575          

      (C)  No person who is convicted of committing a specific     577          

offense, of complicity in the commission of an offense, or of      578          

conspiracy to commit an offense shall be convicted of an attempt   579          

to commit the same offense in violation of this section.           580          

      (D)  It is an affirmative defense to a charge under this     582          

section that the actor abandoned the actor's effort to commit the  584          

offense or otherwise prevented its commission, under               585          

circumstances manifesting a complete and voluntary renunciation    586          

of the actor's criminal purpose.                                   588          

      (E)  Whoever violates this section is guilty of an attempt   590          

to commit an offense.  An attempt to commit aggravated murder,     591          

murder, or an offense for which the maximum penalty is             592          

imprisonment for life is a felony of the first degree.  AN         593          

ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE PENALTY IS    594          

DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF THE                         

CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE IS AN      595          

OFFENSE OF THE SAME DEGREE AS THE DRUG ABUSE OFFENSE ATTEMPTED     596          

WOULD BE IF THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD     597          

INVOLVED AN AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED       598          

SUBSTANCE THAT IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED                     

SUBSTANCE AMOUNTS THAN WAS INVOLVED IN THE ATTEMPT.  An attempt    599          

to commit any other offense is an offense of the next lesser       602          

degree than the offense attempted.  In the case of an attempt to   603          

commit an offense other than a violation of Chapter 3734. of the   604          

Revised Code that is not specifically classified, an attempt is a  605          

misdemeanor of the first degree if the offense attempted is a      606          

felony, and a misdemeanor of the fourth degree if the offense      607          

attempted is a misdemeanor.  In the case of an attempt to commit   608          

                                                          15     


                                                                 
a violation of any provision of Chapter 3734. of the Revised       609          

Code, other than section 3734.18 of the Revised Code, that         610          

relates to hazardous wastes, an attempt is a felony punishable by  611          

a fine of not more than twenty-five thousand dollars or            612          

imprisonment for not more than eighteen months, or both.  An       613          

attempt to commit a minor misdemeanor, or to engage in             614          

conspiracy, is not an offense under this section.                               

      (F)  AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE   616          

SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE.            617          

      Sec. 2923.162.  (A)  NO PERSON SHALL DO ANY OF THE           619          

FOLLOWING:                                                                      

      (1)  WITHOUT PERMISSION FROM THE PROPER OFFICIALS AND        621          

SUBJECT TO DIVISION (B)(1) OF THIS SECTION, DISCHARGE A FIREARM    622          

UPON OR OVER A CEMETERY OR WITHIN ONE HUNDRED YARDS OF A           623          

CEMETERY;                                                                       

      (2)  SUBJECT TO DIVISION (B)(2) OF THIS SECTION, DISCHARGE   625          

A FIREARM ON A LAWN, PARK, PLEASURE GROUND, ORCHARD, OR OTHER      626          

GROUND APPURTENANT TO A SCHOOLHOUSE, CHURCH, OR INHABITED          627          

DWELLING, THE PROPERTY OF ANOTHER, OR A CHARITABLE INSTITUTION;    628          

      (3)  DISCHARGE A FIREARM UPON OR OVER A PUBLIC ROAD OR       630          

HIGHWAY.                                                                        

      (B)(1)  DIVISION (A)(1) OF THIS SECTION DOES NOT APPLY TO A  633          

PERSON WHO, WHILE ON THE PERSON'S OWN LAND, DISCHARGES A FIREARM.               

      (2)  DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO A     635          

PERSON WHO OWNS ANY TYPE OF PROPERTY DESCRIBED IN THAT DIVISION    636          

AND WHO, WHILE ON THE PERSON'S OWN ENCLOSURE, DISCHARGES A         637          

FIREARM.                                                                        

      (C)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF DISCHARGE    639          

OF A FIREARM ON OR NEAR PROHIBITED PREMISES.  A VIOLATION OF       640          

DIVISION (A)(1) OR (2) OF THIS SECTION IS A MISDEMEANOR OF THE     641          

FOURTH DEGREE.  A VIOLATION OF DIVISION (A)(3) OF THIS SECTION IS  642          

A MISDEMEANOR OF THE FIRST DEGREE.                                 643          

      Sec. 2925.02.  (A)  No person shall knowingly do any of the  652          

following:                                                         653          

                                                          16     


                                                                 
      (1)  By force, threat, or deception, administer to another   655          

or induce or cause another to use a controlled substance;          656          

      (2)  By any means, administer or furnish to another or       658          

induce or cause another to use a controlled substance with         659          

purpose to cause serious physical harm to the other person, or     660          

with purpose to cause the other person to become drug dependent;   661          

      (3)  By any means, administer or furnish to another or       663          

induce or cause another to use a controlled substance, and         664          

thereby cause serious physical harm to the other person, or cause  665          

the other person to become drug dependent;                         666          

      (4)  By any means, do any of the following:                  668          

      (a)  Furnish or administer a controlled substance to a       670          

juvenile who is at least two years the offender's junior, when     672          

the offender knows the age of the juvenile or is reckless in that  673          

regard;                                                                         

      (b)  Induce or cause a juvenile who is at least two years    675          

the offender's junior to use a controlled substance, when the      677          

offender knows the age of the juvenile or is reckless in that      678          

regard;                                                                         

      (c)  Induce or cause a juvenile who is at least two years    680          

the offender's junior to commit a felony drug abuse offense, when  682          

the offender knows the age of the juvenile or is reckless in that  683          

regard;                                                            684          

      (d)  Use a juvenile, whether or not the offender knows the   686          

age of the juvenile, to perform any surveillance activity that is  687          

intended to prevent the detection of the offender or any other     688          

person in the commission of a felony drug abuse offense or to      689          

prevent the arrest of the offender or any other person for the     690          

commission of a felony drug abuse offense.                         691          

      (B)  Division (A)(1), (3), or (4) of this section does not   693          

apply to manufacturers, wholesalers, licensed health               694          

professionals authorized to prescribe drugs, pharmacists, owners   696          

of pharmacies, and other persons whose conduct is in accordance    697          

with Chapters 3719., 4715., 4729., 4731., and 4741. of the         698          

                                                          17     


                                                                 
Revised Code or section 4723.56 of the Revised Code.                            

      (C)  Whoever violates this section is guilty of corrupting   700          

another with drugs.  The penalty for the offense shall be          701          

determined as follows:                                             702          

      (1)  Except as otherwise provided in this division, if the   704          

drug involved is any compound, mixture, preparation, or substance  706          

included in schedule I or II, with the exception of marihuana,     707          

corrupting another with drugs is a felony of the second degree,    708          

and, subject to division (E) of this section, the court shall      709          

impose as a mandatory prison term one of the prison terms          711          

prescribed for a felony of the second degree.  If the drug                      

involved is any compound, mixture, preparation, or substance       712          

included in schedule I or II, with the exception of marihuana,     713          

and if the offense was committed in the vicinity of a school,      714          

corrupting another with drugs is a felony of the first degree,     715          

and, subject to division (E) of this section, the court shall      716          

impose as a mandatory prison term one of the prison terms          717          

prescribed for a felony of the first degree.                                    

      (2)  Except as otherwise provided in this division, if the   719          

drug involved is any compound, mixture, preparation, or substance  720          

included in schedule III, IV, or V, corrupting another with drugs  721          

is a felony of the second degree, and there is a presumption for   722          

a prison term for the offense.  If the drug involved is any        723          

compound, mixture, preparation, or substance included in schedule  724          

III, IV, or V and if the offense was committed in the vicinity of  725          

a school, corrupting another with drugs is a felony of the second  726          

degree, and the court shall impose as a mandatory prison term one  727          

of the prison terms prescribed for a felony of the second degree.  728          

      (3)  Except as otherwise provided in this division, if the   730          

drug involved is marihuana, corrupting another with drugs is a     732          

felony of the fourth degree, and division (C) of section 2929.13   733          

of the Revised Code applies in determining whether to impose a     734          

prison term on the offender.  If the drug involved is marihuana    735          

and if the offense was committed in the vicinity of a school,      736          

                                                          18     


                                                                 
corrupting another with drugs is a felony of the third degree,     737          

and division (C) of section 2929.13 of the Revised Code applies    738          

in determining whether to impose a prison term on the offender.    739          

      (D)  In addition to any prison term authorized or required   741          

by division (C) or (E) of this section and sections 2929.13 and    742          

2929.14 of the Revised Code and in addition to any other sanction  743          

imposed for the offense under this section or sections 2929.11 to  744          

2929.18 of the Revised Code, the court that sentences an offender  746          

who is convicted of or pleads guilty to a violation of division    747          

(A) of this section or the clerk of that court shall do all of     748          

the following that are applicable regarding the offender:                       

      (1)(a)  If the violation is a felony of the first, second,   751          

or third degree, the court shall impose upon the offender the                   

mandatory fine specified for the offense under division (B)(1) of  752          

section 2929.18 of the Revised Code unless, as specified in that   753          

division, the court determines that the offender is indigent.      754          

      (b)  Notwithstanding any contrary provision of section       756          

3719.21 of the Revised Code, any mandatory fine imposed pursuant   758          

to division (D)(1)(a) of this section and any fine imposed for a   759          

violation of this section pursuant to division (A) of section      760          

2929.18 of the Revised Code shall be paid by the clerk of the      761          

court in accordance with and subject to the requirements of, and   762          

shall be used as specified in, division (F) of section 2925.03 of  763          

the Revised Code.                                                               

      (c)  If a person is charged with any violation of this       765          

section that is a felony of the first, second, or third degree,    767          

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   768          

this section as if it were a fine imposed for a violation of this  770          

section.                                                                        

      (2)  The court either shall revoke or, if it does not        773          

revoke, shall suspend for not less than six months or more than    774          

five years, the driver's or commercial driver's license or permit  775          

of any person who is convicted of or pleads guilty to a violation  776          

                                                          19     


                                                                 
of this section that is a felony of the first degree and shall     777          

suspend for not less than six months nor more than five years the  778          

driver's or commercial driver's license or permit of any person    779          

who is convicted of or pleads guilty to any other violation of     780          

this section.  If an offender's driver's or commercial driver's    781          

license or permit is revoked pursuant to this division, the        782          

offender, at any time after the expiration of two years from the   783          

day on which the offender's sentence was imposed or from the day   784          

on which the offender finally was released from a prison term      785          

under the sentence, whichever is later, may file a motion with     786          

the sentencing court requesting termination of the revocation.     787          

Upon the filing of the motion and the court's finding of good      789          

cause for the termination, the court may terminate the             790          

revocation.                                                                     

      (3)  If the offender is a professionally licensed person or  792          

a person who has been admitted to the bar by order of the supreme  793          

court in compliance with its prescribed and published rules, in    794          

addition to any other sanction imposed for a violation of this     795          

section, the court forthwith shall comply with section 2925.38 of  796          

the Revised Code.                                                  797          

      (E)  Notwithstanding the prison term otherwise authorized    799          

or required for the offense under division (C) of this section     800          

and sections 2929.13 and 2929.14 of the Revised Code, if the       801          

violation of division (A) of this section involves the sale,       803          

offer to sell, or possession of a schedule I or II controlled      805          

substance, with the exception of marihuana, and if the COURT       807          

IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a  808          

result of the violation, is a major drug offender AND IS GUILTY    809          

OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF   810          

THE REVISED CODE, the court, in lieu of the prison term that       811          

otherwise is authorized or required, shall impose upon the         813          

offender the mandatory prison term specified in division           814          

(D)(3)(a) of section 2929.14 of the Revised Code and may impose    815          

an additional prison term under division (D)(3)(b) of that         816          

                                                          20     


                                                                 
section.                                                                        

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  825          

to sell a controlled substance.                                    826          

      (B)  This section does not apply to any of the following:    828          

      (1)  Manufacturers, licensed health professionals            830          

authorized to prescribe drugs, pharmacists, owners of pharmacies,  832          

and other persons whose conduct is in accordance with Chapters     833          

3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the    834          

Revised Code;                                                                   

      (2)  If the offense involves an anabolic steroid, any        836          

person who is conducting or participating in a research project    837          

involving the use of an anabolic steroid if the project has been   838          

approved by the United States food and drug administration;        839          

      (3)  Any person who sells, offers for sale, prescribes,      841          

dispenses, or administers for livestock or other nonhuman species  842          

an anabolic steroid that is expressly intended for administration  843          

through implants to livestock or other nonhuman species and        844          

approved for that purpose under the "Federal Food, Drug, and       845          

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  846          

and is sold, offered for sale, prescribed, dispensed, or           847          

administered for that purpose in accordance with that act.         848          

      (C)  Whoever violates division (A) of this section is        850          

guilty of one of the following:                                    851          

      (1)  If the drug involved in the violation is any compound,  854          

mixture, preparation, or substance included in schedule I or       855          

schedule II, with the exception of marihuana, cocaine, L.S.D.,     856          

heroin, and hashish, whoever violates division (A) of this         858          

section is guilty of aggravated trafficking in drugs.  The         859          

penalty for the offense shall be determined as follows:            860          

      (a)  Except as otherwise provided in division (C)(1)(b),     863          

(c), (d), (e), or (f) of this section, aggravated trafficking in   864          

drugs is a felony of the fourth degree, and division (C) of        866          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   868          

                                                          21     


                                                                 
      (b)  Except as otherwise provided in division (C)(1)(c),     871          

(d), (e), or (f) of this section, if the offense was committed in  872          

the vicinity of a school or in the vicinity of a juvenile,         873          

aggravated trafficking in drugs is a felony of the third degree,   874          

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    875          

      (c)  Except as otherwise provided in this division, if the   877          

amount of the drug involved EQUALS OR exceeds the bulk amount but  879          

does not exceed IS LESS THAN five times the bulk amount,           880          

aggravated trafficking in drugs is a felony of the third degree,   882          

and the court shall impose as a mandatory prison term one of the   883          

prison terms prescribed for a felony of the third degree.  If the  884          

amount of the drug involved is within that range and if the        885          

offense was committed in the vicinity of a school or in the        886          

vicinity of a juvenile, aggravated trafficking in drugs is a       887          

felony of the second degree, and the court shall impose as a       888          

mandatory prison term one of the prison terms prescribed for a     889          

felony of the second degree.                                                    

      (d)  Except as otherwise provided in this division, if the   891          

amount of the drug involved EQUALS OR exceeds five times the bulk  893          

amount but does not exceed IS LESS THAN fifty times the bulk       894          

amount, aggravated trafficking in drugs is a felony of the second  895          

degree, and the court shall impose as a mandatory prison term one  896          

of the prison terms prescribed for a felony of the second degree.  897          

If the amount of the drug involved is within that range and if     898          

the offense was committed in the vicinity of a school or in the    899          

vicinity of a juvenile, aggravated trafficking in drugs is a       900          

felony of the first degree, and the court shall impose as a        901          

mandatory prison term one of the prison terms prescribed for a     902          

felony of the first degree.                                        903          

      (e)  If the amount of the drug involved EQUALS OR exceeds    905          

fifty times the bulk amount but does not exceed IS LESS THAN one   906          

hundred times the bulk amount and regardless of whether the        908          

offense was committed in the vicinity of a school or in the        909          

                                                          22     


                                                                 
vicinity of a juvenile, aggravated trafficking in drugs is a       910          

felony of the first degree, and the court shall impose as a        911          

mandatory prison term one of the prison terms prescribed for a     912          

felony of the first degree.                                        913          

      (f)  If the amount of the drug involved EQUALS OR exceeds    915          

one hundred times the bulk amount and regardless of whether the    916          

offense was committed in the vicinity of a school or in the        917          

vicinity of a juvenile, aggravated trafficking in drugs is a       918          

felony of the first degree, THE OFFENDER IS A MAJOR DRUG           920          

OFFENDER, and the court shall impose as a mandatory prison term    921          

the maximum prison term prescribed for a felony of the first       922          

degree and may impose an additional prison term prescribed for a   923          

major drug offender under division (D)(3)(b) of section 2929.14    924          

of the Revised Code.                                               925          

      (2)  If the drug involved in the violation is any compound,  928          

mixture, preparation, or substance included in schedule III, IV,   929          

or V, whoever violates division (A) of this section is guilty of   930          

trafficking in drugs.  The penalty for the offense shall be        931          

determined as follows:                                             932          

      (a)  Except as otherwise provided in division (C)(2)(b),     935          

(c), (d), or (e) of this section, trafficking in drugs is a        937          

felony of the fifth degree, and division (C) of section 2929.13    938          

of the Revised Code applies in determining whether to impose a     939          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     942          

(d), or (e) of this section, if the offense was committed in the   943          

vicinity of a school or in the vicinity of a juvenile,             944          

trafficking in drugs is a felony of the fourth degree, and         945          

division (C) of section 2929.13 of the Revised Code applies in     946          

determining whether to impose a prison term on the offender.       948          

      (c)  Except as otherwise provided in this division, if the   950          

amount of the drug involved EQUALS OR exceeds the bulk amount but  952          

does not exceed IS LESS THAN five times the bulk amount,           953          

trafficking in drugs is a felony of the fourth degree, and there   955          

                                                          23     


                                                                 
is a presumption for a prison term for the offense.  If the        956          

amount of the drug involved is within that range and if the        957          

offense was committed in the vicinity of a school or in the        958          

vicinity of a juvenile, trafficking in drugs is a felony of the    959          

third degree, and there is a presumption for a prison term for     960          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   962          

amount of the drug involved EQUALS OR exceeds five times the bulk  964          

amount but does not exceed IS LESS THAN fifty times the bulk       966          

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  968          

amount of the drug involved is within that range and if the        969          

offense was committed in the vicinity of a school or in the        970          

vicinity of a juvenile, trafficking in drugs is a felony of the    971          

second degree, and there is a presumption for a prison term for    972          

the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   974          

amount of the drug involved EQUALS OR exceeds fifty times the      976          

bulk amount, trafficking in drugs is a felony of the second                     

degree, and the court shall impose as a mandatory prison term one  978          

of the prison terms prescribed for a felony of the second degree.  979          

If the amount of the drug involved EQUALS OR exceeds fifty times   980          

the bulk amount and if the offense was committed in the vicinity   982          

of a school or in the vicinity of a juvenile, trafficking in       983          

drugs is a felony of the first degree, and the court shall impose  984          

as a mandatory prison term one of the prison terms prescribed for  985          

a felony of the first degree.                                      986          

      (3)  If the drug involved in the violation is marihuana or   988          

a compound, mixture, preparation, or substance containing          989          

marihuana other than hashish, whoever violates division (A) of     991          

this section is guilty of trafficking in marihuana.  The penalty   992          

for the offense shall be determined as follows:                    993          

      (a)  Except as otherwise provided in division (C)(3)(b),     996          

(c), (d), (e), (f), or (g) of this section, trafficking in         997          

                                                          24     


                                                                 
marihuana is a felony of the fifth degree, and division (C) of     1,000        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,001        

      (b)  Except as otherwise provided in division (C)(3)(c),     1,004        

(d), (e), (f), or (g) of this section, if the offense was          1,006        

committed in the vicinity of a school or in the vicinity of a      1,007        

juvenile, trafficking in marihuana is a felony of the fourth       1,008        

degree, and division (C) of section 2929.13 of the Revised Code    1,009        

applies in determining whether to impose a prison term on the      1,010        

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   1,012        

amount of the drug involved EQUALS OR exceeds two hundred grams    1,014        

but does not exceed IS LESS THAN one thousand grams, trafficking   1,015        

in marihuana is a felony of the fourth degree, and division (C)    1,017        

of section 2929.13 of the Revised Code applies in determining      1,018        

whether to impose a prison term on the offender.  If the amount    1,019        

of the drug involved is within that range and if the offense was   1,020        

committed in the vicinity of a school or in the vicinity of a      1,021        

juvenile, trafficking in marihuana is a felony of the third        1,022        

degree, and division (C) of section 2929.13 of the Revised Code    1,023        

applies in determining whether to impose a prison term on the      1,025        

offender.                                                                       

      (d)  Except as otherwise provided in this division, if the   1,027        

amount of the drug involved EQUALS OR exceeds one thousand grams   1,029        

but does not exceed IS LESS THAN five thousand grams, trafficking  1,030        

in marihuana is a felony of the third degree, and division (C) of  1,032        

section 2929.13 of the Revised Code applies in determining         1,034        

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   1,036        

committed in the vicinity of a school or in the vicinity of a      1,037        

juvenile, trafficking in marihuana is a felony of the second       1,038        

degree, and there is a presumption that a prison term shall be     1,039        

imposed for the offense.                                                        

      (e)  Except as otherwise provided in this division, if the   1,041        

                                                          25     


                                                                 
amount of the drug involved EQUALS OR exceeds five thousand grams  1,043        

but does not exceed IS LESS THAN twenty thousand grams,            1,044        

trafficking in marihuana is a felony of the third degree, and      1,046        

there is a presumption that a prison term shall be imposed for     1,047        

the offense.  If the amount of the drug involved is within that    1,048        

range and if the offense was committed in the vicinity of a        1,049        

school or in the vicinity of a juvenile, trafficking in marihuana  1,050        

is a felony of the second degree, and there is a presumption that  1,051        

a prison term shall be imposed for the offense.                    1,052        

      (f)  Except as otherwise provided in this division, if the   1,054        

amount of the drug involved EQUALS OR exceeds twenty thousand      1,056        

grams, trafficking in marihuana is a felony of the second degree,  1,057        

and the court shall impose as a mandatory prison term the maximum  1,058        

prison term prescribed for a felony of the second degree.  If the  1,059        

amount of the drug involved EQUALS OR exceeds twenty thousand      1,060        

grams and if the offense was committed in the vicinity of a        1,062        

school or in the vicinity of a juvenile, trafficking in marihuana  1,063        

is a felony of the first degree, and the court shall impose as a   1,064        

mandatory prison term the maximum prison term prescribed for a     1,065        

felony of the first degree.                                        1,066        

      (g)  Except as otherwise provided in this division, if the   1,069        

offense involves a gift of twenty grams or less of marihuana,      1,070        

trafficking in marihuana is a minor misdemeanor upon a first       1,071        

offense and a misdemeanor of the third degree upon a subsequent    1,072        

offense.  If the offense involves a gift of twenty grams or less   1,073        

of marihuana and if the offense was committed in the vicinity of   1,074        

a school or in the vicinity of a juvenile, trafficking in          1,075        

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   1,077        

compound, mixture, preparation, or substance containing cocaine,   1,078        

whoever violates division (A) of this section is guilty of         1,080        

trafficking in cocaine.  The penalty for the offense shall be                   

determined as follows:                                             1,081        

      (a)  Except as otherwise provided in division (C)(4)(b),     1,084        

                                                          26     


                                                                 
(c), (d), (e), (f), or (g) of this section, trafficking in         1,085        

cocaine is a felony of the fifth degree, and division (C) of       1,087        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,089        

      (b)  Except as otherwise provided in division (C)(4)(c),     1,092        

(d), (e), (f), or (g) of this section, if the offense was          1,093        

committed in the vicinity of a school or in the vicinity of a      1,095        

juvenile, trafficking in cocaine is a felony of the fourth         1,096        

degree, and division (C) of section 2929.13 of the Revised Code    1,097        

applies in determining whether to impose a prison term on the      1,099        

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   1,101        

amount of the drug involved EQUALS OR exceeds five grams but does  1,102        

not exceed IS LESS THAN ten grams of cocaine that is not crack     1,105        

cocaine or EQUALS OR exceeds one gram but does not exceed IS LESS  1,106        

THAN five grams of crack cocaine, trafficking in cocaine is a      1,107        

felony of the fourth degree, and there is a presumption for a      1,108        

prison term for the offense.  If the amount of the drug involved   1,109        

is within one of those ranges and if the offense was committed in  1,110        

the vicinity of a school or in the vicinity of a juvenile,         1,111        

trafficking in cocaine is a felony of the third degree, and there  1,112        

is a presumption for a prison term for the offense.                1,113        

      (d)  Except as otherwise provided in this division, if the   1,115        

amount of the drug involved EQUALS OR exceeds ten grams but does   1,116        

not exceed IS LESS THAN one hundred grams of cocaine that is not   1,118        

crack cocaine or EQUALS OR exceeds five grams but does not exceed  1,120        

IS LESS THAN ten grams of crack cocaine, trafficking in cocaine    1,121        

is a felony of the third degree, and the court shall impose as a   1,122        

mandatory prison term one of the prison terms prescribed for a     1,123        

felony of the third degree.  If the amount of the drug involved    1,124        

is within one of those ranges and if the offense was committed in  1,126        

the vicinity of a school or in the vicinity of a juvenile,         1,127        

trafficking in cocaine is a felony of the second degree, and the   1,130        

court shall impose as a mandatory prison term one of the prison    1,131        

                                                          27     


                                                                 
terms prescribed for a felony of the second degree.                1,132        

      (e)  Except as otherwise provided in this division, if the   1,134        

amount of the drug involved EQUALS OR exceeds one hundred grams    1,135        

but does not exceed IS LESS THAN five hundred grams of cocaine     1,137        

that is not crack cocaine or EQUALS OR exceeds ten grams but does  1,139        

not exceed IS LESS THAN twenty-five grams of crack cocaine,        1,140        

trafficking in cocaine is a felony of the second degree, and the   1,142        

court shall impose as a mandatory prison term one of the prison    1,143        

terms prescribed for a felony of the second degree.  If the        1,144        

amount of the drug involved is within one of those ranges and if   1,146        

the offense was committed in the vicinity of a school or in the    1,147        

vicinity of a juvenile, trafficking in cocaine is a felony of the  1,150        

first degree, and the court shall impose as a mandatory prison     1,151        

term one of the prison terms prescribed for a felony of the first  1,152        

degree.                                                                         

      (f)  If the amount of the drug involved EQUALS OR exceeds    1,154        

five hundred grams but does not exceed IS LESS THAN one thousand   1,155        

grams of cocaine that is not crack cocaine or EQUALS OR exceeds    1,158        

twenty-five grams but does not exceed IS LESS THAN one hundred     1,159        

grams of crack cocaine and regardless of whether the offense was   1,161        

committed in the vicinity of a school or in the vicinity of a                   

juvenile, trafficking in cocaine is a felony of the first degree,  1,164        

and the court shall impose as a mandatory prison term one of the   1,165        

prison terms prescribed for a felony of the first degree.          1,166        

      (g)  If the amount of the drug involved EQUALS OR exceeds    1,168        

one thousand grams of cocaine that is not crack cocaine or EQUALS  1,170        

OR exceeds one hundred grams of crack cocaine and regardless of    1,172        

whether the offense was committed in the vicinity of a school or   1,173        

in the vicinity of a juvenile, trafficking in cocaine is a felony  1,174        

of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and    1,176        

the court shall impose as a mandatory prison term the maximum                   

prison term prescribed for a felony of the first degree and may    1,177        

impose an additional mandatory prison term prescribed for a major  1,178        

drug offender under division (D)(3)(b) of section 2929.14 of the   1,180        

                                                          28     


                                                                 
Revised Code.                                                                   

      (5)  If the drug involved in the violation is L.S.D. or a    1,183        

compound, mixture, preparation, or substance containing L.S.D.,    1,184        

whoever violates division (A) of this section is guilty of         1,185        

trafficking in L.S.D.  The penalty for the offense shall be        1,187        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     1,190        

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  1,192        

is a felony of the fifth degree, and division (C) of section       1,193        

2929.13 of the Revised Code applies in determining whether to      1,195        

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     1,198        

(d), (e), (f), or (g) of this section, if the offense was          1,199        

committed in the vicinity of a school or in the vicinity of a      1,200        

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  1,202        

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    1,203        

      (c)  Except as otherwise provided in this division, if the   1,205        

amount of the drug involved EQUALS OR exceeds ten unit doses but   1,207        

does not exceed IS LESS THAN fifty unit doses of L.S.D. in a       1,208        

solid form or EQUALS OR exceeds one gram but does not exceed IS    1,210        

LESS THAN five grams of L.S.D. in a liquid concentrate, liquid     1,211        

extract, or liquid distillate form, trafficking in L.S.D. is a     1,214        

felony of the fourth degree, and there is a presumption for a      1,215        

prison term for the offense.  If the amount of the drug involved   1,216        

is within that range and if the offense was committed in the       1,217        

vicinity of a school or in the vicinity of a juvenile,             1,218        

trafficking in L.S.D. is a felony of the third degree, and there   1,220        

is a presumption for a prison term for the offense.                             

      (d)  Except as otherwise provided in this division, if the   1,222        

amount of the drug involved EQUALS OR exceeds fifty unit doses     1,224        

but does not exceed IS LESS THAN two hundred fifty unit doses of   1,226        

L.S.D. in a solid form or EQUALS OR exceeds five grams but does    1,227        

not exceed IS LESS THAN twenty-five grams of L.S.D. in a liquid    1,228        

                                                          29     


                                                                 
concentrate, liquid extract, or liquid distillate form,            1,230        

trafficking in L.S.D. is a felony of the third degree, and the     1,234        

court shall impose as a mandatory prison term one of the prison    1,235        

terms prescribed for a felony of the third degree.  If the amount  1,236        

of the drug involved is within that range and if the offense was   1,237        

committed in the vicinity of a school or in the vicinity of a      1,238        

juvenile, trafficking in L.S.D. is a felony of the second degree,  1,239        

and the court shall impose as a mandatory prison term one of the   1,240        

prison terms prescribed for a felony of the second degree.         1,241        

      (e)  Except as otherwise provided in this division, if the   1,243        

amount of the drug involved EQUALS OR exceeds two hundred fifty    1,245        

unit doses but does not exceed IS LESS THAN one thousand unit      1,247        

doses of L.S.D. in a solid form or EQUALS OR exceeds twenty-five   1,248        

grams but does not exceed IS LESS THAN one hundred grams of        1,250        

L.S.D. in a liquid concentrate, liquid extract, or liquid          1,252        

distillate form, trafficking in L.S.D. is a felony of the second   1,254        

degree, and the court shall impose as a mandatory prison term one  1,255        

of the prison terms prescribed for a felony of the second degree.  1,256        

If the amount of the drug involved is within that range and if     1,257        

the offense was committed in the vicinity of a school or in the    1,258        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   1,260        

first degree, and the court shall impose as a mandatory prison     1,261        

term one of the prison terms prescribed for a felony of the first  1,262        

degree.                                                                         

      (f)  If the amount of the drug involved EQUALS OR exceeds    1,264        

one thousand unit doses but does not exceed IS LESS THAN five      1,265        

thousand unit doses of L.S.D. in a solid form or EQUALS OR         1,268        

exceeds one hundred grams but does not exceed IS LESS THAN five    1,270        

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   1,272        

or liquid distillate form and regardless of whether the offense    1,273        

was committed in the vicinity of a school or in the vicinity of a  1,274        

juvenile, trafficking in L.S.D. is a felony of the first degree,   1,276        

and the court shall impose as a mandatory prison term one of the   1,277        

prison terms prescribed for a felony of the first degree.          1,278        

                                                          30     


                                                                 
      (g)  If the amount of the drug involved EQUALS OR exceeds    1,280        

five thousand unit doses of L.S.D. in a solid form or EQUALS OR    1,282        

exceeds five hundred grams of L.S.D. in a liquid concentrate,      1,284        

liquid extract, or liquid distillate form and regardless of        1,287        

whether the offense was committed in the vicinity of a school or   1,288        

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   1,291        

of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and    1,292        

the court shall impose as a mandatory prison term the maximum      1,293        

prison term prescribed for a felony of the first degree and may    1,294        

impose an additional mandatory prison term prescribed for a major  1,295        

drug offender under division (D)(3)(b) of section 2929.14 of the   1,297        

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    1,299        

compound, mixture, preparation, or substance containing heroin,    1,300        

whoever violates division (A) of this section is guilty of         1,302        

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             1,303        

      (a)  Except as otherwise provided in division (C)(6)(b),     1,306        

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  1,308        

is a felony of the fifth degree, and division (C) of section       1,309        

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              1,311        

      (b)  Except as otherwise provided in division (C)(6)(c),     1,314        

(d), (e), (f), or (g) of this section, if the offense was          1,315        

committed in the vicinity of a school or in the vicinity of a      1,318        

juvenile, trafficking in heroin is a felony of the fourth degree,  1,319        

and division (C) of section 2929.13 of the Revised Code applies    1,321        

in determining whether to impose a prison term on the offender.                 

      (c)  Except as otherwise provided in this division, if the   1,323        

amount of the drug involved EQUALS OR EXCEEDS TEN UNIT DOSES BUT   1,324        

IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR exceeds one gram but    1,326        

does not exceed IS LESS THAN five grams, trafficking in heroin is  1,327        

a felony of the fourth degree, and there is a presumption for a    1,329        

prison term for the offense.  If the amount of the drug involved   1,330        

                                                          31     


                                                                 
is within that range and if the offense was committed in the       1,331        

vicinity of a school or in the vicinity of a juvenile,             1,332        

trafficking in heroin is a felony of the third degree, and there   1,333        

is a presumption for a prison term for the offense.                1,334        

      (d)  Except as otherwise provided in this division, if the   1,336        

amount of the drug involved EQUALS OR EXCEEDS FIFTY UNIT DOSES     1,337        

BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR EQUALS OR exceeds five  1,338        

grams but does not exceed IS LESS THAN ten grams, trafficking in   1,339        

heroin is a felony of the third degree, and there is a             1,342        

presumption for a prison term for the offense.  If the amount of   1,343        

the drug involved is within that range and if the offense was      1,344        

committed in the vicinity of a school or in the vicinity of a      1,345        

juvenile, trafficking in heroin is a felony of the second degree,  1,346        

and there is a presumption for a prison term for the offense.      1,347        

      (e)  Except as otherwise provided in this division, if the   1,349        

amount of the drug involved EQUALS OR EXCEEDS ONE HUNDRED UNIT     1,350        

DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES OR EQUALS OR        1,351        

exceeds ten grams but does not exceed IS LESS THAN fifty grams,    1,352        

trafficking in heroin is a felony of the second degree, and the    1,355        

court shall impose as a mandatory prison term one of the prison    1,356        

terms prescribed for a felony of the second degree.  If the        1,357        

amount of the drug involved is within that range and if the                     

offense was committed in the vicinity of a school or in the        1,358        

vicinity of a juvenile, trafficking in heroin is a felony of the   1,359        

first degree, and the court shall impose as a mandatory prison     1,360        

term one of the prison terms prescribed for a felony of the first  1,361        

degree.                                                            1,362        

      (f)  If the amount of the drug involved EQUALS OR EXCEEDS    1,364        

FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE         1,365        

HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not   1,367        

exceed IS LESS THAN two hundred fifty grams and regardless of      1,368        

whether the offense was committed in the vicinity of a school or   1,369        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,371        

of the first degree, and the court shall impose as a mandatory     1,372        

                                                          32     


                                                                 
prison term one of the prison terms prescribed for a felony of     1,373        

the first degree.                                                               

      (g)  If the amount of the drug involved EQUALS OR EXCEEDS    1,375        

TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two      1,377        

hundred fifty grams and regardless of whether the offense was                   

committed in the vicinity of a school or in the vicinity of a      1,378        

juvenile, trafficking in heroin is a felony of the first degree,   1,380        

THE OFFENDER IS A MAJOR DRUG OFFENDER, and the court shall impose  1,381        

as a mandatory prison term the maximum prison term prescribed for  1,382        

a felony of the first degree and may impose an additional          1,383        

mandatory prison term prescribed for a major drug offender under   1,384        

division (D)(3)(b) of section 2929.14 of the Revised Code.         1,386        

      (7)  If the drug involved in the violation is hashish or a   1,388        

compound, mixture, preparation, or substance containing hashish,   1,389        

whoever violates division (A) of this section is guilty of         1,391        

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             1,392        

      (a)  Except as otherwise provided in division (C)(7)(b),     1,395        

(c), (d), (e), or (f) of this section, trafficking in hashish is   1,397        

a felony of the fifth degree, and division (C) of section 2929.13  1,398        

of the Revised Code applies in determining whether to impose a     1,400        

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     1,403        

(d), (e), or (f) of this section, if the offense was committed in  1,404        

the vicinity of a school or in the vicinity of a juvenile,         1,406        

trafficking in hashish is a felony of the fourth degree, and       1,407        

division (C) of section 2929.13 of the Revised Code applies in     1,408        

determining whether to impose a prison term on the offender.       1,409        

      (c)  Except as otherwise provided in this division, if the   1,411        

amount of the drug involved EQUALS OR exceeds ten grams but does   1,412        

not exceed IS LESS THAN fifty grams of hashish in a solid form or  1,414        

EQUALS OR exceeds two grams but does not exceed IS LESS THAN ten   1,415        

grams of hashish in a liquid concentrate, liquid extract, or       1,416        

liquid distillate form, trafficking in hashish is a felony of the  1,417        

                                                          33     


                                                                 
fourth degree, and division (C) of section 2929.13 of the Revised  1,418        

Code applies in determining whether to impose a prison term on     1,419        

the offender.  If the amount of the drug involved is within that   1,420        

range and if the offense was committed in the vicinity of a        1,421        

school or in the vicinity of a juvenile, trafficking in hashish    1,422        

is a felony of the third degree, and division (C) of section       1,423        

2929.13 of the Revised Code applies in determining whether to      1,425        

impose a prison term on the offender.                                           

      (d)  Except as otherwise provided in this division, if the   1,427        

amount of the drug involved EQUALS OR exceeds fifty grams but      1,428        

does not exceed IS LESS THAN two hundred fifty grams of hashish    1,430        

in a solid form or EQUALS OR exceeds ten grams but does not        1,431        

exceed IS LESS THAN fifty grams of hashish in a liquid             1,432        

concentrate, liquid extract, or liquid distillate form,            1,433        

trafficking in hashish is a felony of the third degree, and        1,435        

division (C) of section 2929.13 of the Revised Code applies in     1,436        

determining whether to impose a prison term on the offender.  If   1,437        

the amount of the drug involved is within that range and if the    1,439        

offense was committed in the vicinity of a school or in the        1,440        

vicinity of a juvenile, trafficking in hashish is a felony of the  1,441        

second degree, and there is a presumption that a prison term       1,442        

shall be imposed for the offense.                                               

      (e)  Except as otherwise provided in this division, if the   1,444        

amount of the drug involved EQUALS OR exceeds two hundred fifty    1,445        

grams but does not exceed IS LESS THAN one thousand grams of       1,447        

hashish in a solid form or EQUALS OR exceeds fifty grams but does  1,448        

not exceed IS LESS THAN two hundred grams of hashish in a liquid   1,449        

concentrate, liquid extract, or liquid distillate form,            1,452        

trafficking in hashish is a felony of the third degree, and there  1,453        

is a presumption that a prison term shall be imposed for the       1,454        

offense.  If the amount of the drug involved is within that range  1,455        

and if the offense was committed in the vicinity of a school or    1,456        

in the vicinity of a juvenile, trafficking in hashish is a felony  1,457        

of the second degree, and there is a presumption that a prison                  

                                                          34     


                                                                 
term shall be imposed for the offense.                             1,458        

      (f)  Except as otherwise provided in this division, if the   1,460        

amount of the drug involved EQUALS OR exceeds one thousand grams   1,462        

of hashish in a solid form or EQUALS OR exceeds two hundred grams  1,463        

of hashish in a liquid concentrate, liquid extract, or liquid      1,464        

distillate form, trafficking in hashish is a felony of the second  1,466        

degree, and the court shall impose as a mandatory prison term the  1,467        

maximum prison term prescribed for a felony of the second degree.  1,468        

If the amount of the drug involved exceeds one thousand grams of   1,470        

hashish in a solid form or exceeds two hundred grams of hashish    1,472        

in a liquid concentrate, liquid extract, or liquid distillate                   

form IS WITHIN THAT RANGE and if the offense was committed in the  1,474        

vicinity of a school or in the vicinity of a juvenile,             1,475        

trafficking in hashish is a felony of the first degree, and the    1,477        

court shall impose as a mandatory prison term the maximum prison   1,478        

term prescribed for a felony of the first degree.                               

      (D)  In addition to any prison term authorized or required   1,481        

by division (C) of this section and sections 2929.13 and 2929.14   1,482        

of the Revised Code, and in addition to any other sanction         1,483        

imposed for the offense under this section or sections 2929.11 to  1,484        

2929.18 of the Revised Code, the court that sentences an offender  1,485        

who is convicted of or pleads guilty to a violation of division    1,486        

(A) of this section shall do all of the following that are         1,488        

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   1,491        

felony of the first, second, or third degree, the court shall      1,492        

impose upon the offender the mandatory fine specified for the      1,493        

offense under division (B)(1) of section 2929.18 of the Revised    1,494        

Code unless, as specified in that division, the court determines   1,495        

that the offender is indigent.  Except as otherwise provided in    1,496        

division (H)(1) of this section, a mandatory fine or any other     1,497        

fine imposed for a violation of this section is subject to         1,498        

division (F) of this section.  If a person is charged with a       1,499        

violation of this section that is a felony of the first, second,   1,500        

                                                          35     


                                                                 
or third degree, posts bail, and forfeits the bail, the clerk of   1,501        

the court shall pay the forfeited bail pursuant to divisions       1,503        

(D)(1) and (F) of this section, as if the forfeited bail was a     1,504        

fine imposed for a violation of this section.  If any amount of    1,505        

the forfeited bail remains after that payment and if a fine is     1,506        

imposed under division (H)(1) of this section, the clerk of the    1,507        

court shall pay the remaining amount of the forfeited bail         1,508        

pursuant to divisions (H)(2) and (3) of this section, as if that   1,509        

remaining amount was a fine imposed under division (H)(1) of this               

section.                                                           1,510        

      (2)  The court shall revoke or suspend the driver's or       1,512        

commercial driver's license or permit of the offender in           1,513        

accordance with division (G) of this section.                      1,514        

      (3)  If the offender is a professionally licensed person or  1,517        

a person who has been admitted to the bar by order of the supreme  1,518        

court in compliance with its prescribed and published rules, the   1,519        

court forthwith shall comply with section 2925.38 of the Revised   1,520        

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   1,523        

sell a bulk amount or a multiple of a bulk amount of a controlled  1,524        

substance, the jury, or the court trying the accused, shall        1,526        

determine the amount of the controlled substance involved at the   1,527        

time of the offense and, if a guilty verdict is returned, shall    1,528        

return the findings as part of the verdict.  In any such case, it  1,529        

is unnecessary to find and return the exact amount of the          1,530        

controlled substance involved, and it is sufficient if the                      

finding and return is to the effect that the amount of the         1,531        

controlled substance involved is the requisite amount, or that     1,533        

the amount of the controlled substance involved is less than the   1,534        

requisite amount.                                                  1,535        

      (F)(1)  Notwithstanding any contrary provision of section    1,537        

3719.21 of the Revised Code and except as provided in division     1,538        

(H) of this section, the clerk of the court shall pay any          1,539        

mandatory fine imposed pursuant to division (D)(1) of this         1,540        

                                                          36     


                                                                 
section and any fine other than a mandatory fine that is imposed   1,541        

for a violation of this section pursuant to division (A) or        1,542        

(B)(5) of section 2929.18 of the Revised Code to the county,       1,544        

township, municipal corporation, park district, as created         1,545        

pursuant to section 511.18 or 1545.04 of the Revised Code, or      1,546        

state law enforcement agencies in this state that primarily were   1,547        

responsible for or involved in making the arrest of, and in        1,548        

prosecuting, the offender.  However, the clerk shall not pay a     1,549        

mandatory fine so imposed to a law enforcement agency unless the   1,550        

agency has adopted a written internal control policy under         1,551        

division (F)(2) of this section that addresses the use of the      1,553        

fine moneys that it receives.  Each agency shall use the           1,555        

mandatory fines so paid to subsidize the agency's law enforcement               

efforts that pertain to drug offenses, in accordance with the      1,557        

written internal control policy adopted by the recipient agency    1,558        

under division (F)(2) of this section.                             1,559        

      (2)(a)  Prior to receiving any fine moneys under division    1,561        

(F)(1) of this section or division (B)(5) of section 2925.42 of    1,562        

the Revised Code, a law enforcement agency shall adopt a written   1,563        

internal control policy that addresses the agency's use and        1,564        

disposition of all fine moneys so received and that provides for   1,565        

the keeping of detailed financial records of the receipts of       1,566        

those fine moneys, the general types of expenditures made out of   1,567        

those fine moneys, and the specific amount of each general type    1,568        

of expenditure.  The policy shall not provide for or permit the    1,569        

identification of any specific expenditure that is made in an      1,570        

ongoing investigation.  All financial records of the receipts of   1,571        

those fine moneys, the general types of expenditures made out of   1,572        

those fine moneys, and the specific amount of each general type    1,573        

of expenditure by an agency are public records open for            1,574        

inspection under section 149.43 of the Revised Code.               1,575        

Additionally, a written internal control policy adopted under      1,576        

this division is such a public record, and the agency that         1,577        

adopted it shall comply with it.                                   1,578        

                                                          37     


                                                                 
      (b)  Each law enforcement agency that receives in any        1,580        

calendar year any fine moneys under division (F)(1) of this        1,581        

section or division (B)(5) of section 2925.42 of the Revised Code  1,582        

shall prepare a report covering the calendar year that cumulates   1,583        

all of the information contained in all of the public financial    1,584        

records kept by the agency pursuant to division (F)(2)(a) of this  1,585        

section for that calendar year, and shall send a copy of the       1,586        

cumulative report, no later than the first day of March in the     1,587        

calendar year following the calendar year covered by the report,   1,588        

to the attorney general.  Each report received by the attorney     1,589        

general is a public record open for inspection under section       1,590        

149.43 of the Revised Code.  Not later than the fifteenth day of   1,592        

April in the calendar year in which the reports are received, the  1,593        

attorney general shall send to the president of the senate and     1,595        

the speaker of the house of representatives a written              1,596        

notification that does all of the following:                                    

      (i)  Indicates that the attorney general has received from   1,598        

law enforcement agencies reports of the type described in this     1,599        

division that cover the previous calendar year and indicates that  1,602        

the reports were received under this division;                     1,603        

      (ii)  Indicates that the reports are open for inspection     1,606        

under section 149.43 of the Revised Code;                          1,607        

      (iii)  Indicates that the attorney general will provide a    1,610        

copy of any or all of the reports to the president of the senate   1,611        

or the speaker of the house of representatives upon request.       1,612        

      (3)  As used in division (F) of this section:                1,615        

      (a)  "Law enforcement agencies" includes, but is not         1,617        

limited to, the state board of pharmacy and the office of a        1,618        

prosecutor.                                                        1,619        

      (b)  "Prosecutor" has the same meaning as in section         1,621        

2935.01 of the Revised Code.                                       1,622        

      (G)  When required under division (D)(2) of this section,    1,626        

the court either shall revoke or, if it does not revoke, shall     1,627        

suspend for not less than six months or more than five years, the  1,628        

                                                          38     


                                                                 
driver's or commercial driver's license or permit of any person    1,630        

who is convicted of or pleads guilty to a violation of this        1,632        

section that is a felony of the first degree and shall suspend     1,633        

for not less than six months or more than five years the driver's  1,635        

or commercial driver's license or permit of any person who is      1,637        

convicted of or pleads guilty to any other violation of this       1,638        

section.  If an offender's driver's or commercial driver's         1,639        

license or permit is revoked pursuant to this division, the        1,641        

offender, at any time after the expiration of two years from the   1,642        

day on which the offender's sentence was imposed or from the day   1,643        

on which the offender finally was released from a prison term      1,646        

under the sentence, whichever is later, may file a motion with     1,647        

the sentencing court requesting termination of the revocation;     1,648        

upon the filing of such a motion and the court's finding of good   1,649        

cause for the termination, the court may terminate the             1,650        

revocation.                                                                     

      (H)(1)  In addition to any prison term authorized or         1,653        

required by division (C) of this section and sections 2929.13 and  1,654        

2929.14 of the Revised Code, in addition to any other penalty or   1,656        

sanction imposed for the offense under this section or sections    1,657        

2929.11 to 2929.181 2929.18 of the Revised Code, and in addition   1,658        

to the forfeiture of property in connection with the offense as    1,659        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     1,661        

the court that sentences an offender who is convicted of or        1,662        

pleads guilty to a violation of division (A) of this section may   1,663        

impose upon the offender an additional fine specified for the      1,664        

offense in division (B)(4) of section 2929.18 of the Revised       1,666        

Code.  A fine imposed under division (H)(1) of this section is     1,668        

not subject to division (F) of this section and shall be used      1,669        

solely for the support of one or more eligible alcohol and drug    1,670        

addiction programs in accordance with divisions (H)(2) and (3) of  1,671        

this section.                                                                   

      (2)  The court that imposes a fine under division (H)(1) of  1,674        

this section shall specify in the judgment that imposes the fine   1,675        

                                                          39     


                                                                 
one or more eligible alcohol and drug addiction programs for the   1,676        

support of which the fine money is to be used.  No alcohol and     1,677        

drug addiction program shall receive or use money paid or          1,678        

collected in satisfaction of a fine imposed under division (H)(1)  1,680        

of this section unless the program is specified in the judgment    1,681        

that imposes the fine.  No alcohol and drug addiction program      1,682        

shall be specified in the judgment unless the program is an        1,683        

eligible alcohol and drug addiction program and, except as         1,684        

otherwise provided in division (H)(2) of this section, unless the  1,686        

program is located in the county in which the court that imposes   1,687        

the fine is located or in a county that is immediately contiguous  1,688        

to the county in which that court is located.  If no eligible      1,689        

alcohol and drug addiction program is located in any of those      1,690        

counties, the judgment may specify an eligible alcohol and drug    1,691        

addiction program that is located anywhere within this state.      1,692        

      (3)  Notwithstanding any contrary provision of section       1,694        

3719.21 of the Revised Code, the clerk of the court shall pay any  1,696        

fine imposed under division (H)(1) of this section to the          1,697        

eligible alcohol and drug addiction program specified pursuant to  1,698        

division (H)(2) of this section in the judgment.  The eligible     1,699        

alcohol and drug addiction program that receives the fine moneys   1,700        

shall use the moneys only for the alcohol and drug addiction       1,701        

services identified in the application for certification under     1,702        

section 3793.06 of the Revised Code or in the application for a    1,703        

license under section 3793.11 of the Revised Code filed with the   1,705        

department of alcohol and drug addiction services by the alcohol                

and drug addiction program specified in the judgment.              1,706        

      (4)  Each alcohol and drug addiction program that receives   1,708        

in a calendar year any fine moneys under division (H)(3) of this   1,710        

section shall file an annual report covering that calendar year    1,711        

with the court of common pleas and the board of county             1,712        

commissioners of the county in which the program is located, with  1,713        

the court of common pleas and the board of county commissioners    1,714        

of each county from which the program received the moneys if that  1,715        

                                                          40     


                                                                 
county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      1,716        

addiction program shall file the report no later than the first    1,717        

day of March in the calendar year following the calendar year in   1,719        

which the program received the fine moneys.  The report shall      1,720        

include statistics on the number of persons served by the alcohol  1,721        

and drug addiction program, identify the types of alcohol and      1,722        

drug addiction services provided to those persons, and include a   1,723        

specific accounting of the purposes for which the fine moneys      1,724        

received were used.  No information contained in the report shall  1,725        

identify, or enable a person to determine the identity of, any     1,726        

person served by the alcohol and drug addiction program.  Each     1,727        

report received by a court of common pleas, a board of county      1,728        

commissioners, or the attorney general is a public record open     1,729        

for inspection under section 149.43 of the Revised Code.           1,730        

      (5)  As used in divisions (H)(1) to (5) of this section:     1,732        

      (a)  "Alcohol and drug addiction program" and "alcohol and   1,735        

drug addiction services" have the same meanings as in section      1,736        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  1,739        

alcohol and drug addiction program that is certified under         1,740        

section 3793.06 of the Revised Code or licensed under section      1,741        

3793.11 of the Revised Code by the department of alcohol and drug  1,743        

addiction services.                                                             

      Sec. 2925.04.  (A)  No person shall knowingly cultivate      1,752        

marihuana or knowingly manufacture or otherwise engage in any      1,753        

part of the production of a controlled substance.                  1,754        

      (B)  This section does not apply to any person listed in     1,756        

division (B)(1), (2), or (3) of section 2925.03 of the Revised     1,757        

Code to the extent and under the circumstances described in those  1,758        

divisions.                                                                      

      (C)(1)  Whoever commits a violation of division (A) of this  1,761        

section that involves any drug other than marihuana is guilty of                

illegal manufacture of drugs, and whoever commits a violation of   1,762        

                                                          41     


                                                                 
division (A) of this section that involves marihuana is guilty of  1,763        

illegal cultivation of marihuana.                                  1,764        

      (2)  If the drug involved in the violation of division (A)   1,767        

of this section is any compound, mixture, preparation, or          1,768        

substance included in schedule I or II, with the exception of      1,769        

marihuana, illegal manufacture of drugs is a felony of the second  1,770        

degree, and, subject to division (E) of this section, the court    1,771        

shall impose as a mandatory prison term one of the prison terms    1,772        

prescribed for a felony of the second degree.                      1,773        

      (3)  If the drug involved in the violation of division (A)   1,776        

of this section is any compound, mixture, preparation, or          1,777        

substance included in schedule III, IV, or V, illegal manufacture  1,778        

of drugs is a felony of the third degree, and there is a           1,779        

presumption for a prison term for the offense.                     1,780        

      (4)  If the drug involved in the violation is marihuana,     1,782        

the penalty for the offense shall be determined as follows:        1,783        

      (a)  Except as otherwise provided in division (C)(4)(b),     1,786        

(c), (d), (e), or (f) of this section, illegal cultivation of      1,787        

marihuana is a minor misdemeanor.                                  1,788        

      (b)  If the amount of marihuana involved equals or exceeds   1,791        

one hundred grams but does not exceed IS LESS THAN two hundred     1,792        

grams, illegal cultivation of marihuana is a misdemeanor of the    1,793        

fourth degree.                                                     1,794        

      (c)  If the amount of marihuana involved EQUALS OR exceeds   1,796        

two hundred grams but does not exceed IS LESS THAN one thousand    1,798        

grams, illegal cultivation of marihuana is a felony of the fifth   1,799        

degree, and division (B) of section 2929.13 of the Revised Code    1,800        

applies in determining whether to impose a prison term on the      1,801        

offender.                                                                       

      (d)  If the amount of marihuana involved EQUALS OR exceeds   1,803        

one thousand grams but does not exceed IS LESS THAN five thousand  1,805        

grams, illegal cultivation of marihuana is a felony of the third   1,806        

degree, and division (C) of section 2929.13 of the Revised Code    1,807        

applies in determining whether to impose a prison term on the      1,809        

                                                          42     


                                                                 
offender.                                                                       

      (e)  If the amount of marihuana involved EQUALS OR exceeds   1,811        

five thousand grams but does not exceed IS LESS THAN twenty        1,812        

thousand grams, illegal cultivation of marihuana is a felony of    1,814        

the third degree, and there is a presumption for a prison term     1,815        

for the offense.                                                                

      (f)  If the amount of marihuana involved EQUALS OR exceeds   1,817        

twenty thousand grams, illegal cultivation of marihuana is a       1,818        

felony of the second degree, and the court shall impose as a       1,819        

mandatory prison term the maximum prison term prescribed for a     1,820        

felony of the second degree.                                       1,821        

      (D)  In addition to any prison term authorized or required   1,824        

by division (C) or (E) of this section and sections 2929.13 and    1,825        

2929.14 of the Revised Code and in addition to any other sanction  1,826        

imposed for the offense under this section or sections 2929.11 to  1,827        

2929.18 of the Revised Code, the court that sentences an offender  1,830        

who is convicted of or pleads guilty to a violation of division    1,831        

(A) of this section shall do all of the following that are         1,832        

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   1,835        

felony of the second or third degree, the court shall impose upon  1,836        

the offender the mandatory fine specified for the offense under    1,837        

division (B)(1) of section 2929.18 of the Revised Code unless, as  1,838        

specified in that division, the court determines that the          1,839        

offender is indigent.  The clerk of the court shall pay a          1,840        

mandatory fine or other fine imposed for a violation of this       1,841        

section pursuant to division (A) of section 2929.18 of the         1,842        

Revised Code in accordance with and subject to the requirements    1,843        

of division (F) of section 2925.03 of the Revised Code.  The       1,845        

agency that receives the fine shall use the fine as specified in   1,846        

division (F) of section 2925.03 of the Revised Code.  If a person  1,847        

is charged with a violation of this section that is a felony of    1,848        

the second or third degree, posts bail, and forfeits the bail,     1,849        

the clerk shall pay the forfeited bail as if the forfeited bail    1,850        

                                                          43     


                                                                 
were a fine imposed for a violation of this section.               1,851        

      (2)  The court shall revoke or suspend the offender's        1,853        

driver's or commercial driver's license or permit in accordance    1,854        

with division (G) of section 2925.03 of the Revised Code.   If an  1,856        

offender's driver's or commercial driver's license or permit is    1,857        

revoked in accordance with that division, the offender may         1,858        

request termination of, and the court may terminate, the           1,859        

revocation in accordance with that division.                       1,860        

      (3)  If the offender is a professionally licensed person or  1,863        

a person who has been admitted to the bar by order of the supreme  1,864        

court in compliance with its prescribed and published rules, the   1,865        

court shall comply with section 2925.38 of the Revised Code.       1,866        

      (E)  Notwithstanding the prison term otherwise authorized    1,869        

or required for the offense under division (C) of this section     1,870        

and sections 2929.13 and 2929.14 of the Revised Code, if the       1,871        

violation of division (A) of this section involves the sale,       1,872        

offer to sell, or possession of a schedule I or II controlled      1,873        

substance, with the exception of marihuana, and if the COURT       1,874        

IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a  1,876        

result of the violation, is a major drug offender AND IS GUILTY                 

OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF   1,877        

THE REVISED CODE, the court, in lieu of the prison term otherwise  1,878        

authorized or required, shall impose upon the offender the         1,879        

mandatory prison term specified in division (D)(3)(a) of section   1,881        

2929.14 of the Revised Code and may impose an additional prison    1,882        

term under division (D)(3)(b) of that section.                     1,883        

      (F)  It is an affirmative defense, as provided in section    1,886        

2901.05 of the Revised Code, to a charge under this section for a  1,887        

fifth degree felony violation of illegal cultivation of marihuana  1,889        

that the marihuana that gave rise to the charge is in an amount,   1,890        

is in a form, is prepared, compounded, or mixed with substances    1,891        

that are not controlled substances in a manner, or is possessed    1,892        

or cultivated under any other circumstances that indicate that     1,893        

the marihuana was solely for personal use.                                      

                                                          44     


                                                                 
      Notwithstanding any contrary provision of division (F) of    1,896        

this section, if, in accordance with section 2901.05 of the        1,897        

Revised Code, a person who is charged with a violation of illegal  1,900        

cultivation of marihuana that is a felony of the fifth degree      1,901        

sustains the burden of going forward with evidence of and          1,902        

establishes by a preponderance of the evidence the affirmative     1,903        

defense described in this division, the person may be prosecuted   1,904        

for and may be convicted of or plead guilty to a misdemeanor       1,905        

violation of illegal cultivation of marihuana.                     1,906        

      (G)  Arrest or conviction for a minor misdemeanor violation  1,909        

of this section does not constitute a criminal record and need     1,910        

not be reported by the person so arrested or convicted in          1,911        

response to any inquiries about the person's criminal record,      1,912        

including any inquiries contained in an application for            1,913        

employment, a license, or any other right or privilege or made in  1,914        

connection with the person's appearance as a witness.              1,915        

      Sec. 2925.05.  (A)  No person shall knowingly provide money  1,925        

or other items of value to another person with the purpose that    1,926        

the recipient of the money or items of value use them to obtain    1,927        

any controlled substance for the purpose of selling or offering    1,928        

to sell the controlled substance or for the purpose of violating   1,929        

section 2925.04 of the Revised Code OR FOR THE PURPOSE OF SELLING  1,931        

OR OFFERING TO SELL THE CONTROLLED SUBSTANCE IN THE FOLLOWING      1,932        

AMOUNT:                                                                         

      (1)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS ANY       1,934        

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE  1,936        

I OR SCHEDULE II, WITH THE EXCEPTION OF MARIHUANA, COCAINE,        1,939        

L.S.D., HEROIN, AND HASHISH, ANY AMOUNT OF THE DRUG;               1,940        

      (2)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS ANY       1,942        

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE  1,944        

III, SCHEDULE IV, OR SCHEDULE V, AN AMOUNT OF THE DRUG THAT        1,946        

EQUALS OR EXCEEDS THE BULK AMOUNT OF THE DRUG;                     1,947        

      (3)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS           1,949        

MARIHUANA OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE OTHER  1,951        

                                                          45     


                                                                 
THAN HASHISH CONTAINING MARIHUANA, AN AMOUNT OF THE MARIHUANA      1,952        

THAT EQUALS OR EXCEEDS TWO HUNDRED GRAMS;                                       

      (4)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS COCAINE   1,954        

OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING       1,955        

COCAINE, AN AMOUNT OF THE COCAINE THAT EQUALS OR EXCEEDS FIVE      1,956        

GRAMS IF THE COCAINE IS NOT CRACK COCAINE OR EQUALS OR EXCEEDS     1,957        

ONE GRAM IF THE COCAINE IS CRACK COCAINE;                          1,958        

      (5)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS L.S.D.    1,961        

OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING       1,963        

L.S.D., AN AMOUNT OF THE L.S.D. THAT EQUALS OR EXCEEDS TEN UNIT    1,966        

DOSES IF THE L.S.D. IS IN A SOLID FORM OR EQUALS OR EXCEEDS ONE    1,968        

GRAM IF THE L.S.D. IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, OR  1,970        

LIQUID DISTILLATE FORM;                                            1,971        

      (6)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HEROIN    1,973        

OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING       1,974        

HEROIN, AN AMOUNT OF THE HEROIN THAT EQUALS OR EXCEEDS TEN UNIT    1,975        

DOSES OR EQUALS OR EXCEEDS ONE GRAM;                               1,976        

      (7)  IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HASHISH   1,978        

OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING       1,979        

HASHISH, AN AMOUNT OF THE HASHISH THAT EQUALS OR EXCEEDS TEN       1,980        

GRAMS IF THE HASHISH IS IN A SOLID FORM OR EQUALS OR EXCEEDS TWO   1,981        

GRAMS IF THE HASHISH IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT,   1,982        

OR LIQUID DISTILLATE FORM.                                         1,983        

      (B)  This section does not apply to any person listed in     1,986        

division (B)(1), (2), or (3) of section 2925.03 of the Revised     1,987        

Code to the extent and under the circumstances described in those  1,988        

divisions.                                                                      

      (C)(1)  If the drug involved in the violation is any         1,991        

compound, mixture, preparation, or substance included in schedule  1,992        

I or II, with the exception of marihuana, whoever violates         1,993        

division (A) of this section is guilty of aggravated funding of    1,994        

drug trafficking, a felony of the first degree, and, subject to    1,995        

division (E) of this section, the court shall impose as a          1,996        

mandatory prison term one of the prison terms prescribed for a     1,997        

                                                          46     


                                                                 
felony of the first degree.                                                     

      (2)  If the drug involved in the violation is any compound,  2,000        

mixture, preparation, or substance included in schedule III, IV,   2,001        

or V, whoever violates division (A) of this section is guilty of   2,002        

funding of drug trafficking, a felony of the second degree, and    2,003        

the court shall impose as a mandatory prison term one of the       2,004        

prison terms prescribed for a felony of the second degree.         2,005        

      (3)  If the drug involved in the violation is marihuana,     2,007        

whoever violates division (A) of this section is guilty of         2,009        

funding of marihuana trafficking, a felony of the third degree,    2,010        

and the court shall impose as a mandatory prison term one of the   2,011        

prison terms prescribed for a felony of the third degree.          2,012        

      (D)  In addition to any prison term authorized or required   2,015        

by division (C) or (E) of this section and sections 2929.13 and    2,016        

2929.14 of the Revised Code and in addition to any other sanction  2,017        

imposed for the offense under this section or sections 2929.11 to  2,018        

2929.18 of the Revised Code, the court that sentences an offender  2,020        

who is convicted of or pleads guilty to a violation of division    2,021        

(A) of this section shall do all of the following that are         2,022        

applicable regarding the offender:                                              

      (1)  The court shall impose the mandatory fine specified     2,024        

for the offense under division (B)(1) of section 2929.18 of the    2,026        

Revised Code unless, as specified in that division, the court      2,027        

determines that the offender is indigent.  The clerk of the court  2,028        

shall pay a mandatory fine or other fine imposed for a violation   2,029        

of this section pursuant to division (A) of section 2929.18 of     2,030        

the Revised Code in accordance with and subject to the             2,031        

requirements of division (F) of section 2925.03 of the Revised     2,032        

Code.  The agency that receives the fine shall use the fine in     2,034        

accordance with division (F) of section 2925.03 of the Revised     2,035        

Code.  If a person is charged with a violation of this section,    2,036        

posts bail, and forfeits the bail, the forfeited bail shall be     2,037        

paid as if the forfeited bail were a fine imposed for a violation  2,038        

of this section.                                                                

                                                          47     


                                                                 
      (2)  The court shall revoke or suspend the offender's        2,040        

driver's or commercial driver's license or permit in accordance    2,041        

with division (G) of section 2925.03 of the Revised Code.  If an   2,043        

offender's driver's or commercial driver's license or permit is    2,044        

revoked in accordance with that division, the offender may         2,045        

request termination of, and the court may terminate, the           2,046        

revocation in accordance with that division.                       2,047        

      (3)  If the offender is a professionally licensed person or  2,050        

a person who has been admitted to the bar by order of the supreme  2,051        

court in compliance with its prescribed and published rules, the   2,052        

court shall comply with section 2925.38 of the Revised Code.       2,053        

      (E)  Notwithstanding the prison term otherwise authorized    2,056        

or required for the offense under division (C) of this section     2,057        

and sections 2929.13 and 2929.14 of the Revised Code, if the       2,058        

violation of division (A) of this section involves the sale,       2,059        

offer to sell, or possession of a schedule I or II controlled      2,060        

substance, with the exception of marihuana, and if the COURT       2,061        

IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a  2,063        

result of the violation, is a major drug offender AND IS GUILTY                 

OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF   2,064        

THE REVISED CODE, the court, in lieu of the prison term otherwise  2,065        

authorized or required, shall impose upon the offender the         2,066        

mandatory prison term specified in division (D)(3)(a) of section   2,068        

2929.14 of the Revised Code and may impose an additional prison    2,069        

term under division (D)(3)(b) of that section.                     2,070        

      Sec. 2925.11.  (A)  No person shall knowingly obtain,        2,079        

possess, or use a controlled substance.                            2,080        

      (B)  This section does not apply to any of the following:    2,082        

      (1)  Manufacturers, licensed health professionals            2,084        

authorized to prescribe drugs, pharmacists, owners of pharmacies,  2,086        

and other persons whose conduct was in accordance with Chapters    2,087        

3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the    2,088        

Revised Code;                                                                   

      (2)  If the offense involves an anabolic steroid, any        2,090        

                                                          48     


                                                                 
person who is conducting or participating in a research project    2,091        

involving the use of an anabolic steroid if the project has been   2,092        

approved by the United States food and drug administration;        2,093        

      (3)  Any person who sells, offers for sale, prescribes,      2,095        

dispenses, or administers for livestock or other nonhuman species  2,096        

an anabolic steroid that is expressly intended for administration  2,097        

through implants to livestock or other nonhuman species and        2,098        

approved for that purpose under the "Federal Food, Drug, and       2,099        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  2,100        

and is sold, offered for sale, prescribed, dispensed, or           2,101        

administered for that purpose in accordance with that act;         2,102        

      (4)  Any person who obtained the controlled substance        2,104        

pursuant to a prescription issued by a licensed health             2,105        

professional authorized to prescribe drugs, where the drug is in   2,107        

the original container in which it was dispensed to such person.   2,108        

      (C)  Whoever violates division (A) of this section is        2,110        

guilty of one of the following:                                    2,111        

      (1)  If the drug involved in the violation is a compound,    2,113        

mixture, preparation, or substance included in schedule I or II,   2,114        

with the exception of marihuana, cocaine, L.S.D., heroin, and      2,117        

hashish, whoever violates division (A) of this section is guilty   2,118        

of aggravated possession of drugs.  The penalty for the offense    2,119        

shall be determined as follows:                                                 

      (a)  Except as otherwise provided in division (C)(1)(b),     2,122        

(c), (d), or (e) of this section, aggravated possession of drugs   2,123        

is a felony of the fifth degree, and division (B) of section       2,124        

2929.13 of the Revised Code applies in determining whether to      2,125        

impose a prison term on the offender.                                           

      (b)  If the amount of the drug involved EQUALS OR exceeds    2,127        

the bulk amount but does not exceed IS LESS THAN five times the    2,128        

bulk amount, aggravated possession of drugs is a felony of the     2,130        

third degree, and there is a presumption for a prison term for     2,131        

the offense.                                                                    

      (c)  If the amount of the drug involved EQUALS OR exceeds    2,133        

                                                          49     


                                                                 
five times the bulk amount but does not exceed IS LESS THAN fifty  2,135        

times the bulk amount, aggravated possession of drugs is a felony  2,136        

of the second degree, and the court shall impose as a mandatory    2,137        

prison term one of the prison terms prescribed for a felony of     2,138        

the second degree.                                                 2,139        

      (d)  If the amount of the drug involved EQUALS OR exceeds    2,141        

fifty times the bulk amount but does not exceed IS LESS THAN one   2,143        

hundred times the bulk amount, aggravated possession of drugs is   2,145        

a felony of the first degree, and the court shall impose as a                   

mandatory prison term one of the prison terms prescribed for a     2,146        

felony of the first degree.                                        2,147        

      (e)  If the amount of the drug involved EQUALS OR exceeds    2,149        

one hundred times the bulk amount, aggravated possession of drugs  2,151        

is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG      2,152        

OFFENDER, and the court shall impose as a mandatory prison term    2,153        

the maximum prison term prescribed for a felony of the first       2,154        

degree and may impose an additional mandatory prison term          2,155        

prescribed for a major drug offender under division (D)(3)(b) of   2,156        

section 2929.14 of the Revised Code.                                            

      (2)  If the drug involved in the violation is a compound,    2,158        

mixture, preparation, or substance included in schedule III, IV,   2,160        

or V, whoever violates division (A) of this section is guilty of   2,162        

possession of drugs.  The penalty for the offense shall be         2,163        

determined as follows:                                             2,164        

      (a)  Except as otherwise provided in division (C)(2)(b),     2,167        

(c), or (d) of this section, possession of drugs is a misdemeanor  2,168        

of the third degree or, if the offender previously has been        2,169        

convicted of a drug abuse offense, a misdemeanor of the second     2,170        

degree.  If the drug involved in the violation is an anabolic      2,171        

steroid included in schedule III and if the offense is a           2,172        

misdemeanor of the third degree under this division, in lieu of    2,173        

sentencing the offender to a term of imprisonment in a detention   2,174        

facility, the court may place the offender on conditional          2,175        

probation pursuant to division (F) of section 2951.02 of the       2,177        

                                                          50     


                                                                 
Revised Code.                                                      2,178        

      (b)  If the amount of the drug involved EQUALS OR exceeds    2,180        

the bulk amount but does not exceed IS LESS THAN five times the    2,181        

bulk amount, possession of drugs is a felony of the fourth         2,183        

degree, and division (C) of section 2929.13 of the Revised Code    2,184        

applies in determining whether to impose a prison term on the      2,185        

offender.                                                                       

      (c)  If the amount of the drug involved EQUALS OR exceeds    2,187        

five times the bulk amount but does not exceed IS LESS THAN fifty  2,189        

times the bulk amount, possession of drugs is a felony of the      2,190        

third degree, and there is a presumption for a prison term for     2,191        

the offense.                                                                    

      (d)  If the amount of the drug involved EQUALS OR exceeds    2,193        

fifty times the bulk amount, possession of drugs is a felony of    2,194        

the second degree, and the court shall impose upon the offender    2,195        

as a mandatory prison term one of the prison terms prescribed for  2,196        

a felony of the second degree.                                     2,197        

      (3)  If the drug involved in the violation is marihuana or   2,199        

a compound, mixture, preparation, or substance containing          2,200        

marihuana other than hashish, whoever violates division (A) of     2,202        

this section is guilty of possession of marihuana.  The penalty    2,203        

for the offense shall be determined as follows:                    2,204        

      (a)  Except as otherwise provided in division (C)(3)(b),     2,207        

(c), (d), (e), or (f) of this section, possession of marihuana is  2,208        

a minor misdemeanor.                                               2,209        

      (b)  If the amount of the drug involved equals or exceeds    2,212        

one hundred grams but does not exceed IS LESS THAN two hundred     2,213        

grams, possession of marihuana is a misdemeanor of the fourth      2,214        

degree.                                                            2,215        

      (c)  If the amount of the drug involved EQUALS OR exceeds    2,217        

two hundred grams but does not exceed IS LESS THAN one thousand    2,218        

grams, possession of marihuana is a felony of the fifth degree,    2,220        

and division (B) of section 2929.13 of the Revised Code applies    2,221        

in determining whether to impose a prison term on the offender.    2,223        

                                                          51     


                                                                 
      (d)  If the amount of the drug involved EQUALS OR exceeds    2,225        

one thousand grams but does not exceed IS LESS THAN five thousand  2,227        

grams, possession of marihuana is a felony of the third degree,    2,228        

and division (C) of section 2929.13 of the Revised Code applies    2,229        

in determining whether to impose a prison term on the offender.    2,230        

      (e)  If the amount of the drug involved EQUALS OR exceeds    2,232        

five thousand grams but does not exceed IS LESS THAN twenty        2,233        

thousand grams, possession of marihuana is a felony of the third   2,235        

degree, and there is a presumption that a prison term shall be     2,236        

imposed for the offense.                                           2,237        

      (f)  If the amount of the drug involved EQUALS OR exceeds    2,239        

twenty thousand grams, possession of marihuana is a felony of the  2,240        

second degree, and the court shall impose as a mandatory prison    2,241        

term the maximum prison term prescribed for a felony of the        2,242        

second degree.                                                     2,243        

      (4)  If the drug involved in the violation is cocaine or a   2,246        

compound, mixture, preparation, or substance containing cocaine,   2,247        

whoever violates division (A) of this section is guilty of         2,248        

possession of cocaine.  The penalty for the offense shall be       2,249        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(4)(b),     2,252        

(c), (d), (e), or (f) of this section, possession of cocaine is a  2,253        

felony of the fifth degree, and division (B) of section 2929.13    2,254        

of the Revised Code applies in determining whether to impose a     2,255        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved EQUALS OR exceeds    2,257        

five grams but does not exceed IS LESS THAN twenty-five grams of   2,258        

cocaine that is not crack cocaine or EQUALS OR exceeds one gram    2,260        

but does not exceed IS LESS THAN five grams of crack cocaine,      2,261        

possession of cocaine is a felony of the fourth degree, and there  2,262        

is a presumption for a prison term for the offense.                2,263        

      (c)  If the amount of the drug involved EQUALS OR exceeds    2,265        

twenty-five grams but does not exceed IS LESS THAN one hundred     2,266        

grams of cocaine that is not crack cocaine or EQUALS OR exceeds    2,269        

                                                          52     


                                                                 
five grams but does not exceed IS LESS THAN ten grams of crack     2,270        

cocaine, possession of cocaine is a felony of the third degree,    2,271        

and the court shall impose as a mandatory prison term one of the   2,272        

prison terms prescribed for a felony of the third degree.          2,273        

      (d)  If the amount of the drug involved EQUALS OR exceeds    2,275        

one hundred grams but does not exceed IS LESS THAN five hundred    2,276        

grams of cocaine that is not crack cocaine or EQUALS OR exceeds    2,279        

ten grams but does not exceed IS LESS THAN twenty-five grams of    2,280        

crack cocaine, possession of cocaine is a felony of the second     2,282        

degree, and the court shall impose as a mandatory prison term one  2,283        

of the prison terms prescribed for a felony of the second degree.  2,284        

      (e)  If the amount of the drug involved EQUALS OR exceeds    2,286        

five hundred grams but does not exceed IS LESS THAN one thousand   2,287        

grams of cocaine that is not crack cocaine or EQUALS OR exceeds    2,290        

twenty-five grams but does not exceed IS LESS THAN one hundred     2,291        

grams of crack cocaine, possession of cocaine is a felony of the   2,293        

first degree, and the court shall impose as a mandatory prison     2,294        

term one of the prison terms prescribed for a felony of the first  2,295        

degree.                                                                         

      (f)  If the amount of the drug involved EQUALS OR exceeds    2,297        

one thousand grams of cocaine that is not crack cocaine or EQUALS  2,299        

OR exceeds one hundred grams of crack cocaine, possession of       2,300        

cocaine is a felony of the first degree, THE OFFENDER IS A MAJOR   2,301        

DRUG OFFENDER, and the court shall impose as a mandatory prison    2,302        

term the maximum prison term prescribed for a felony of the first  2,303        

degree and may impose an additional mandatory prison term          2,304        

prescribed for a major drug offender under division (D)(3)(b) of   2,306        

section 2929.14 of the Revised Code.                               2,307        

      (5)  If the drug involved in the violation is L.S.D.,        2,310        

whoever violates division (A) of this section is guilty of         2,311        

possession of L.S.D.  The penalty for the offense shall be         2,313        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     2,316        

(c), (d), (e), or (f) of this section, possession of L.S.D. is a                

                                                          53     


                                                                 
felony of the fifth degree, and division (B) of section 2929.13    2,317        

of the Revised Code applies in determining whether to impose a     2,318        

prison term on the offender.                                                    

      (b)  If the amount of L.S.D. involved EQUALS OR exceeds ten  2,320        

unit doses but does not exceed IS LESS THAN fifty unit doses of    2,322        

L.S.D. in a solid form or EQUALS OR exceeds one gram but does not  2,323        

exceed IS LESS THAN five grams of L.S.D. in a liquid concentrate,  2,324        

liquid extract, or liquid distillate form, possession of L.S.D.    2,326        

is a felony of the fourth degree, and division (C) of section      2,327        

2929.13 of the Revised Code applies in determining whether to      2,328        

impose a prison term on the offender.                                           

      (c)  If the amount of L.S.D. involved EQUALS OR exceeds      2,331        

fifty unit doses, but does not exceed IS LESS THAN two hundred     2,332        

fifty unit doses of L.S.D. in a solid form or EQUALS OR exceeds    2,333        

five grams but does not exceed IS LESS THAN twenty-five grams of   2,334        

L.S.D. in a liquid concentrate, liquid extract, or liquid          2,335        

distillate form, possession of L.S.D. is a felony of the third     2,336        

degree, and there is a presumption for a prison term for the       2,337        

offense.                                                                        

      (d)  If the amount of L.S.D. involved EQUALS OR exceeds two  2,340        

hundred fifty unit doses but does not exceed IS LESS THAN one      2,341        

thousand unit doses of L.S.D. in a solid form or EQUALS OR         2,343        

exceeds twenty-five grams but does not exceed IS LESS THAN one     2,344        

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   2,346        

or liquid distillate form, possession of L.S.D. is a felony of     2,347        

the second degree, and the court shall impose as a mandatory       2,348        

prison term one of the prison terms prescribed for a felony of     2,349        

the second degree.                                                 2,350        

      (e)  If the amount of L.S.D. involved EQUALS OR exceeds one  2,353        

thousand unit doses but does not exceed IS LESS THAN five          2,354        

thousand unit doses of L.S.D. in a solid form or EQUALS OR         2,355        

exceeds one hundred grams but does not exceed IS LESS THAN five    2,356        

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   2,358        

or liquid distillate form, possession of L.S.D. is a felony of     2,359        

                                                          54     


                                                                 
the first degree, and the court shall impose as a mandatory        2,360        

prison term one of the prison terms prescribed for a felony of     2,361        

the first degree.                                                               

      (f)  If the amount of L.S.D. involved EQUALS OR exceeds      2,364        

five thousand unit doses of L.S.D. in a solid form or EQUALS OR    2,366        

exceeds five hundred grams of L.S.D. in a liquid concentrate,      2,368        

liquid extract, or liquid distillate form, possession of L.S.D.    2,369        

is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG      2,370        

OFFENDER, and the court shall impose as a mandatory prison term    2,372        

the maximum prison term prescribed for a felony of the first       2,373        

degree and may impose an additional mandatory prison term          2,374        

prescribed for a major drug offender under division (D)(3)(b) of   2,375        

section 2929.14 of the Revised Code.                               2,376        

      (6)  If the drug involved in the violation is heroin or a    2,378        

compound, mixture, preparation, or substance containing heroin,    2,379        

whoever violates division (A) of this section is guilty of         2,381        

possession of heroin.  The penalty for the offense shall be                     

determined as follows:                                             2,382        

      (a)  Except as otherwise provided in division (C)(6)(b),     2,385        

(c), (d), (e), or (f) of this section, possession of heroin is a   2,386        

felony of the fifth degree, and division (B) of section 2929.13    2,387        

of the Revised Code applies in determining whether to impose a     2,388        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved EQUALS OR EXCEEDS    2,390        

TEN UNIT DOSES BUT IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR      2,391        

exceeds one gram but does not exceed IS LESS THAN five grams,      2,392        

possession of heroin is a felony of the fourth degree, and         2,394        

division (C) of section 2929.13 of the Revised Code applies in     2,395        

determining whether to impose a prison term on the offender.       2,396        

      (c)  If the amount of the drug involved EQUALS OR EXCEEDS    2,398        

FIFTY UNIT DOSES BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR        2,399        

EQUALS OR exceeds five grams but does not exceed IS LESS THAN ten  2,400        

grams, possession of heroin is a felony of the third degree, and   2,402        

there is a presumption for a prison term for the offense.          2,403        

                                                          55     


                                                                 
      (d)  If the amount of the drug involved EQUALS OR EXCEEDS    2,405        

ONE HUNDRED UNIT DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES    2,406        

OR EQUALS OR exceeds ten grams but does not exceed IS LESS THAN    2,407        

fifty grams, possession of heroin is a felony of the second        2,409        

degree, and the court shall impose as a mandatory prison term one  2,410        

of the prison terms prescribed for a felony of the second degree.  2,411        

      (e)  If the amount of the drug involved EQUALS OR EXCEEDS    2,413        

FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE         2,414        

HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not   2,416        

exceed IS LESS THAN two hundred fifty grams, possession of heroin  2,418        

is a felony of the first degree, and the court shall impose as a   2,419        

mandatory prison term one of the prison terms prescribed for a     2,420        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved EQUALS OR EXCEEDS    2,422        

TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two      2,424        

hundred fifty grams, possession of heroin is a felony of the                    

first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and the       2,425        

court shall impose as a mandatory prison term the maximum prison   2,427        

term prescribed for a felony of the first degree and may impose    2,428        

an additional mandatory prison term prescribed for a major drug    2,429        

offender under division (D)(3)(b) of section 2929.14 of the        2,430        

Revised Code.                                                      2,431        

      (7)  If the drug involved in the violation is hashish or a   2,433        

compound, mixture, preparation, or substance containing hashish,   2,434        

whoever violates division (A) of this section is guilty of         2,436        

possession of hashish.  The penalty for the offense shall be                    

determined as follows:                                             2,437        

      (a)  Except as otherwise provided in division (C)(7)(b),     2,440        

(c), (d), (e), or (f) of this section, possession of hashish is a  2,441        

minor misdemeanor.                                                              

      (b)  If the amount of the drug involved equals or exceeds    2,443        

five grams but does not exceed IS LESS THAN ten grams of hashish   2,444        

in a solid form or equals or exceeds one gram but does not exceed  2,446        

IS LESS THAN two grams of hashish in a liquid concentrate, liquid  2,448        

                                                          56     


                                                                 
extract, or liquid distillate form, possession of hashish is a     2,449        

misdemeanor of the fourth degree.                                               

      (c)  If the amount of the drug involved EQUALS OR exceeds    2,451        

ten grams but does not exceed IS LESS THAN fifty grams of hashish  2,453        

in a solid form or EQUALS OR exceeds two grams but does not        2,454        

exceed IS LESS THAN ten grams of hashish in a liquid concentrate,  2,456        

liquid extract, or liquid distillate form, possession of hashish   2,457        

is a felony of the fifth degree, and division (B) of section       2,458        

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              2,460        

      (d)  If the amount of the drug involved EQUALS OR exceeds    2,462        

fifty grams but does not exceed IS LESS THAN two hundred fifty     2,463        

grams of hashish in a solid form or EQUALS OR exceeds ten grams    2,465        

but does not exceed IS LESS THAN fifty grams of hashish in a       2,466        

liquid concentrate, liquid extract, or liquid distillate form,     2,467        

possession of hashish is a felony of the third degree, and         2,468        

division (C) of section 2929.13 of the Revised Code applies in     2,469        

determining whether to impose a prison term on the offender.       2,470        

      (e)  If the amount of the drug involved EQUALS OR exceeds    2,472        

two hundred fifty grams but does not exceed IS LESS THAN one       2,473        

thousand grams of hashish in a solid form or EQUALS OR exceeds     2,475        

fifty grams but does not exceed IS LESS THAN two hundred grams of  2,476        

hashish in a liquid concentrate, liquid extract, or liquid         2,477        

distillate form, possession of hashish is a felony of the third    2,478        

degree, and there is a presumption that a prison term shall be     2,479        

imposed for the offense.                                                        

      (f)  If the amount of the drug involved EQUALS OR exceeds    2,481        

one thousand grams of hashish in a solid form or EQUALS OR         2,482        

exceeds two hundred grams of hashish in a liquid concentrate,      2,484        

liquid extract, or liquid distillate form, possession of hashish   2,485        

is a felony of the second degree, and the court shall impose as a  2,486        

mandatory prison term the maximum prison term prescribed for a     2,487        

felony of the second degree.                                       2,488        

      (D)  Arrest or conviction for a minor misdemeanor violation  2,490        

                                                          57     


                                                                 
of this section does not constitute a criminal record and need     2,491        

not be reported by the person so arrested or convicted in          2,492        

response to any inquiries about the person's criminal record,      2,493        

including any inquiries contained in any application for           2,494        

employment, license, or other right or privilege, or made in       2,495        

connection with the person's appearance as a witness.              2,496        

      (E)  In addition to any prison term authorized or required   2,499        

by division (C) of this section and sections 2929.13 and 2929.14   2,500        

of the Revised Code and in addition to any other sanction that is  2,501        

imposed for the offense under this section or sections 2929.11 to  2,502        

2929.18 of the Revised Code, the court that sentences an offender  2,505        

who is convicted of or pleads guilty to a violation of division    2,506        

(A) of this section shall do all of the following that are         2,507        

applicable regarding the offender:                                              

      (1)(a)  If the violation is a felony of the first, second,   2,510        

or third degree, the court shall impose upon the offender the      2,511        

mandatory fine specified for the offense under division (B)(1) of  2,512        

section 2929.18 of the Revised Code unless, as specified in that   2,513        

division, the court determines that the offender is indigent.      2,514        

      (b)  Notwithstanding any contrary provision of section       2,516        

3719.21 of the Revised Code, the clerk of the court shall pay a    2,518        

mandatory fine or other fine imposed for a violation of this       2,519        

section pursuant to division (A) of section 2929.18 of the         2,520        

Revised Code in accordance with and subject to the requirements                 

of division (F) of section 2925.03 of the Revised Code.  The       2,521        

agency that receives the fine shall use the fine as specified in   2,522        

division (F) of section 2925.03 of the Revised Code.               2,523        

      (c)  If a person is charged with a violation of this         2,525        

section that is a felony of the first, second, or third degree,    2,526        

posts bail, and forfeits the bail, the clerk shall pay the         2,527        

forfeited bail pursuant to division (E)(1)(b) of this section as   2,528        

if it were a mandatory fine imposed under division (E)(1)(a) of    2,529        

this section.                                                                   

      (2)  The court shall suspend for not less than six months    2,531        

                                                          58     


                                                                 
or more than five years the driver's or commercial driver's        2,532        

license or permit of any person who is convicted of or has         2,533        

pleaded guilty to a violation of this section.                                  

      (3)  If the offender is a professionally licensed person or  2,535        

a person who has been admitted to the bar by order of the supreme  2,537        

court in compliance with its prescribed and published rules, in    2,538        

addition to any other sanction imposed for a violation of this     2,539        

section, the court forthwith shall comply with section 2925.38 of  2,540        

the Revised Code.                                                               

      (F)  It is an affirmative defense, as provided in section    2,542        

2901.05 of the Revised Code, to a charge of a fourth degree        2,543        

felony violation under this section that the controlled substance  2,544        

that gave rise to the charge is in an amount, is in a form, is     2,547        

prepared, compounded, or mixed with substances that are not        2,549        

controlled substances in a manner, or is possessed under any       2,550        

other circumstances, that indicate that the substance was          2,551        

possessed solely for personal use.  Notwithstanding any contrary   2,553        

provision of this section, if, in accordance with section 2901.05  2,554        

of the Revised Code, an accused who is charged with a fourth       2,555        

degree felony violation of division (C)(2), (4), (5), or (6) of    2,556        

this section sustains the burden of going forward with evidence    2,557        

of and establishes by a preponderance of the evidence the          2,558        

affirmative defense described in this division, the accused may    2,559        

be prosecuted for and may plead guilty to or be convicted of a     2,560        

misdemeanor violation of division (C)(2) of this section or a      2,561        

fifth degree felony violation of division (C)(4), (5), or (6) of   2,562        

this section respectively.                                         2,563        

      (G)  When a person is charged with possessing a bulk amount  2,565        

or multiple of a bulk amount, division (E) of section 2925.03 of   2,567        

the Revised Code applies regarding the determination of the        2,568        

amount of the controlled substance involved at the time of the     2,569        

offense.                                                                        

      Sec. 2925.13.  (A)  No person who is the owner, operator,    2,578        

or person in charge of a locomotive, watercraft, aircraft, or      2,579        

                                                          59     


                                                                 
other vehicle, as defined in division (A) of section 4501.01 of    2,580        

the Revised Code, shall knowingly permit the vehicle to be used    2,581        

for the commission of a felony drug abuse offense.                 2,582        

      (B)  No person who is the owner, lessee, or occupant, or     2,584        

who has custody, control, or supervision, of premises or real      2,585        

estate, including vacant land, shall knowingly permit the          2,586        

premises or real estate, including vacant land, to be used for     2,587        

the commission of a felony drug abuse offense by another person.   2,588        

      (C)(1)  Whoever violates this section is guilty of           2,590        

permitting drug abuse.                                             2,591        

      (2)  Except as provided in division (C)(3) of this section,  2,594        

permitting drug abuse is a misdemeanor of the first degree.        2,596        

      (3)  Permitting drug abuse is a felony of the fifth degree,  2,599        

and division (C) of section 2929.13 of the Revised Code applies    2,601        

in determining whether to impose a prison term on the offender,    2,602        

if the felony drug abuse offense in question is a violation of     2,603        

section 2925.02 or 2925.03 of the Revised Code that was committed  2,604        

in the vicinity of a school or in the vicinity of a juvenile.                   

      (D)  In addition to any prison term authorized or required   2,606        

by division (C) of this section and sections 2929.13 and 2929.14   2,607        

of the Revised Code and in addition to any other sanction imposed  2,609        

for the offense under this section or sections 2929.11 to 2929.18  2,611        

of the Revised Code, the court that sentences a person who is      2,612        

convicted of or pleads guilty to a violation of division (A) of    2,614        

this section shall do all of the following that are applicable     2,615        

regarding the offender:                                                         

      (1)  The court shall suspend for not less than six months    2,618        

or more than five years the driver's or commercial driver's        2,619        

license or permit of the offender.                                              

      (2)  If the offender is a professionally licensed person or  2,621        

a person who has been admitted to the bar by order of the supreme  2,622        

court in compliance with its prescribed and published rules, in    2,623        

addition to any other sanction imposed for a violation of this     2,624        

section, the court forthwith shall comply with section 2925.38 of  2,625        

                                                          60     


                                                                 
the Revised Code.                                                               

      (E)  Notwithstanding any contrary provision of section       2,627        

3719.21 of the Revised Code, the clerk of the court shall pay a    2,628        

fine imposed for a violation of this section pursuant to division  2,629        

(A) of section 2929.18 of the Revised Code in accordance with and  2,630        

subject to the requirements of division (F) of section 2925.03 of  2,631        

the Revised Code.  The agency that receives the fine shall use     2,632        

the fine as specified in division (F) of section 2925.03 of the                 

Revised Code.                                                      2,633        

      (F)  ANY PREMISES OR REAL ESTATE THAT IS PERMITTED TO BE     2,635        

USED IN VIOLATION OF DIVISION (B) OF THIS SECTION CONSTITUTES A    2,636        

NUISANCE SUBJECT TO ABATEMENT PURSUANT TO CHAPTER 3767. OF THE     2,637        

REVISED CODE.                                                                   

      Sec. 2925.23.  (A)  No person shall knowingly make a false   2,646        

statement in any prescription, order, report, or record required   2,647        

by Chapter 3719. or 4729. of the Revised Code.                     2,648        

      (B)  No person shall intentionally make, utter, or sell, or  2,650        

knowingly possess ANY OF THE FOLLOWING THAT IS a false or forged:  2,651        

      (1)  Prescription;                                           2,653        

      (2)  Uncompleted preprinted prescription blank used for      2,655        

writing a prescription;                                            2,656        

      (3)  Official written order;                                 2,658        

      (4)  License for a terminal distributor of dangerous drugs   2,660        

as required in section 4729.60 of the Revised Code;                2,661        

      (5)  Registration certificate for a wholesale distributor    2,663        

of dangerous drugs as required in section 4729.60 of the Revised   2,664        

Code.                                                              2,665        

      (C)  No person, by theft as defined in section 2913.02 of    2,667        

the Revised Code, shall acquire any of the following:              2,668        

      (1)  A prescription;                                         2,670        

      (2)  An uncompleted preprinted prescription blank used for   2,672        

writing a prescription;                                            2,673        

      (3)  An official written order;                              2,675        

      (4)  A blank official written order;                         2,677        

                                                          61     


                                                                 
      (5)  A license or blank license for a terminal distributor   2,679        

of dangerous drugs as required in section 4729.60 of the Revised   2,680        

Code;                                                              2,681        

      (6)  A registration certificate or blank registration        2,683        

certificate for a wholesale distributor of dangerous drugs as      2,684        

required in section 4729.60 of the Revised Code.                   2,685        

      (D)  No person shall knowingly make or affix any false or    2,687        

forged label to a package or receptacle containing any dangerous   2,688        

drugs.                                                             2,689        

      (E)  Divisions (A) and (D) of this section do not apply to   2,691        

licensed health professionals authorized to prescribe drugs,       2,693        

pharmacists, owners of pharmacies, and other persons whose         2,694        

conduct is in accordance with Chapters 3719., 4715., 4725.,        2,695        

4729., 4731., and 4741. of the Revised Code or section 4723.56 of  2,696        

the Revised Code.                                                               

      (F)  Whoever violates this section is guilty of illegal      2,698        

processing of drug documents.  The penalty for the offense IF THE  2,700        

OFFENDER VIOLATES DIVISION (B)(2), (4), OR (5) OR DIVISION         2,701        

(C)(2), (4), (5), OR (6) OF THIS SECTION, ILLEGAL PROCESSING OF    2,702        

DRUG DOCUMENTS IS A FELONY OF THE FIFTH DEGREE.  IF THE OFFENDER   2,703        

VIOLATES DIVISION (B)(1) OR (3), DIVISION (C)(1) OR (3), OR        2,704        

DIVISION (D) OF THIS SECTION, THE PENALTY FOR ILLEGAL PROCESSING   2,705        

OF DRUG DOCUMENTS shall be determined as follows:                  2,707        

      (1)  If the drug involved is a compound, mixture,            2,709        

preparation, or substance included in schedule I or II, with the   2,710        

exception of marihuana, illegal processing of drug documents is a  2,711        

felony of the fourth degree, and division (C) of section 2929.13   2,712        

of the Revised Code applies in determining whether to impose a     2,713        

prison term on the offender.                                                    

      (2)  If the drug involved is a dangerous drug or a           2,715        

compound, mixture, preparation, or substance included in schedule  2,716        

III, IV, or V or is marihuana, illegal processing of drug          2,717        

documents is a felony of the fifth degree, and division (C) of     2,718        

section 2929.13 of the Revised Code applies in determining         2,719        

                                                          62     


                                                                 
whether to impose a prison term on the offender.                                

      (G)  In addition to any prison term authorized or required   2,721        

by division (F) of this section and sections 2929.13 and 2929.14   2,722        

of the Revised Code and in addition to any other sanction imposed  2,723        

for the offense under this section or sections 2929.11 to 2929.18  2,724        

of the Revised Code, the court that sentences an offender who is   2,725        

convicted of or pleads guilty to any violation of divisions (A)    2,726        

to (D) of this section shall do both of the following:                          

      (1)  The court shall suspend for not less than six months    2,729        

or more than five years the driver's or commercial driver's        2,730        

license or permit of any person who is convicted of or has         2,731        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  2,733        

a person who has been admitted to the bar by order of the supreme  2,734        

court in compliance with its prescribed and published rules, in    2,735        

addition to any other sanction imposed for a violation of this     2,736        

section, the court forthwith shall comply with section 2925.38 of  2,737        

the Revised Code.                                                               

      (H)  Notwithstanding any contrary provision of section       2,739        

3719.21 of the Revised Code, the clerk of court shall pay a fine   2,740        

imposed for a violation of this section pursuant to division (A)   2,741        

of section 2929.18 of the Revised Code in accordance with and      2,742        

subject to the requirements of division (F) of section 2925.03 of  2,743        

the Revised Code.  The agency that receives the fine shall use     2,744        

the fine as specified in division (F) of section 2925.03 of the    2,745        

Revised Code.                                                                   

      Sec. 2925.36.  (A)  No person shall knowingly furnish        2,754        

another a sample drug.                                             2,755        

      (B)  Division (A) of this section does not apply to          2,757        

manufacturers, wholesalers, pharmacists, owners of pharmacies,     2,758        

dentists, doctors of medicine and surgery, doctors of osteopathic  2,759        

medicine and surgery, doctors of podiatry, veterinarians, and      2,760        

other persons whose conduct is in accordance with Chapters 3719.,  2,761        

4715., 4729., 4731., and 4741. of the Revised Code or to           2,762        

                                                          63     


                                                                 
optometrists whose conduct is in accordance with a valid           2,763        

therapeutic pharmaceutical agents certificate issued under         2,764        

Chapter 4725. of the Revised Code.                                 2,765        

      (C)(1)  Whoever violates this section is guilty of illegal   2,767        

dispensing of drug samples.                                        2,768        

      (2)  If the drug involved in the offense is a compound,      2,770        

mixture, preparation, or substance included in schedule I or II,   2,771        

with the exception of marihuana, the penalty for the offense       2,772        

shall be determined as follows:                                    2,773        

      (a)  Except as otherwise provided in division (C)(2)(b) of   2,775        

this section, illegal dispensing of drug samples is a felony of    2,776        

the fifth degree, and, subject to division (E) of this section,    2,778        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.       2,779        

      (b)  If the offense was committed in the vicinity of a       2,781        

school or in the vicinity of a juvenile, illegal dispensing of     2,782        

drug samples is a felony of the fourth degree, and, subject to     2,783        

division (E) of this section, division (C) of section 2929.13 of   2,784        

the Revised Code applies in determining whether to impose a        2,785        

prison term on the offender.                                                    

      (3)  If the drug involved in the offense is a dangerous      2,787        

drug or a compound, mixture, preparation, or substance included    2,788        

in schedule III, IV, or V, or is marihuana, the penalty for the    2,789        

offense shall be determined as follows:                            2,790        

      (a)  Except as otherwise provided in division (C)(3)(b) of   2,793        

this section, illegal dispensing of drug samples is a misdemeanor  2,794        

of the second degree.                                                           

      (b)  If the offense was committed in the vicinity of a       2,797        

school or in the vicinity of a juvenile, illegal dispensing of     2,798        

drug samples is a misdemeanor of the first degree.                 2,799        

      (D)  In addition to any prison term authorized or required   2,802        

by division (C) or (E) of this section and sections 2929.13 and    2,803        

2929.14 of the Revised Code and in addition to any other sanction  2,804        

imposed for the offense under this section or sections 2929.11 to               

                                                          64     


                                                                 
2929.18 of the Revised Code, the court that sentences an offender  2,806        

who is convicted of or pleads guilty to a violation of division    2,807        

(A) of this section shall do both of the following:                             

      (1)  The court shall suspend for not less than six months    2,810        

or more than five years the driver's or commercial driver's        2,811        

license or permit of any person who is convicted of or has         2,812        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  2,814        

a person who has been admitted to the bar by order of the supreme  2,815        

court in compliance with its prescribed and published rules, in    2,816        

addition to any other sanction imposed for a violation of this     2,817        

section, the court forthwith shall comply with section 2925.38 of  2,818        

the Revised Code.                                                  2,819        

      (E)  Notwithstanding the prison term authorized or required  2,821        

by division (C) of this section and sections 2929.13 and 2929.14   2,822        

of the Revised Code, if the violation of division (A) of this      2,823        

section involves the sale, offer to sell, or possession of a       2,824        

schedule I or II controlled substance, with the exception of       2,825        

marihuana, and if the COURT IMPOSING SENTENCE UPON THE OFFENDER    2,826        

FINDS THAT THE offender, as a result of the violation, is a major  2,827        

drug offender AND IS GUILTY OF A SPECIFICATION OF THE TYPE         2,828        

DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the court, in  2,829        

lieu of the prison term otherwise authorized or required, shall    2,830        

impose upon the offender the mandatory prison term specified in    2,831        

division (D)(3)(a) of section 2929.14 of the Revised Code and may  2,832        

impose an additional prison term under division (D)(3)(b) of that  2,834        

section.                                                                        

      (F)  Notwithstanding any contrary provision of section       2,837        

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  2,839        

(A) of section 2929.18 of the Revised Code in accordance with and  2,840        

subject to the requirements of division (F) of section 2925.03 of  2,841        

the Revised Code.  The agency that receives the fine shall use     2,842        

the fine as specified in division (F) of section 2925.03 of the                 

                                                          65     


                                                                 
Revised Code.                                                      2,843        

      Sec. 2927.24.  (A)  As used in this section:                 2,852        

      (1)  "Poison" has the same meaning as in section 3719.01 of  2,854        

the Revised Code.                                                               

      (2)  "Drug" has the same meaning as in section 4729.01 of    2,857        

the Revised Code.                                                               

      (B)  Except as provided in division (D) of this section, no  2,859        

person shall knowingly mingle a poison or other harmful substance  2,860        

with a food, drink, nonprescription drug, prescription drug, or    2,861        

pharmaceutical product, or knowingly place a poison or other       2,862        

harmful substance in a spring, well, reservoir, or public water    2,863        

supply, if the person knows or has reason to know that the food,   2,864        

drink, nonprescription drug, prescription drug, pharmaceutical     2,865        

product, or water may be ingested or used by another person.  For  2,866        

purposes of this division, a person does not know or have reason   2,867        

to know that water may be ingested or used by another person if    2,868        

it is disposed of as waste into a household drain including the    2,869        

drain of a toilet, sink, tub, or floor.                            2,870        

      (C)  No person shall inform another person that a poison or  2,872        

other harmful substance has been or will be placed in a food,      2,873        

drink, nonprescription drug, prescription drug, or other           2,874        

pharmaceutical product, spring, well, reservoir, or public water   2,875        

supply, if the placement of the poison or other harmful substance  2,876        

would be a violation of division (B) of this section, and the      2,877        

person knows both that the information is false and that the       2,878        

information likely will be disseminated to the public.             2,879        

      (D)(1)  A person may mingle a drug with a food or drink for  2,881        

the purpose of causing the drug to be ingested or used in the      2,882        

quantity described by its labeling or prescription.                2,883        

      (2)  A person may place a poison or other harmful substance  2,885        

in a spring, well, reservoir, or public water supply in such       2,886        

quantity as is necessary to treat the spring, well, reservoir, or  2,887        

water supply to make it safe for human consumption and use.        2,888        

      (3)  The provisions of division (A) of this section shall    2,890        

                                                          66     


                                                                 
not be applied in a manner that conflicts with any other state or  2,891        

federal law or rule relating to substances permitted to be         2,892        

applied to or present in any food, raw or processed, any milk or   2,893        

milk product, any meat or meat product, any type of crop, water,   2,894        

or alcoholic or nonalcoholic beverage.                             2,895        

      (E)(1)  Whoever violates division (B) of this section is     2,897        

guilty of contaminating a substance for human consumption or       2,899        

use,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,                           

CONTAMINATING A SUBSTANCE FOR HUMAN CONSUMPTION OR USE IS a        2,901        

felony of the first degree.  If the offense involved an amount of  2,902        

poison or other harmful substance sufficient to cause death if                  

ingested or used by a person or if the offense resulted in         2,903        

serious physical harm to another person, whoever violates          2,904        

division (B) of this section is guilty of an aggravated felony of  2,905        

the first degree and shall be imprisoned for life WITH PAROLE      2,906        

ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT.           2,907        

      (2)  Whoever violates division (C) of this section is        2,909        

guilty of spreading a false report of contamination, a felony of   2,910        

the fourth degree.                                                 2,911        

      Sec. 2929.01.  As used in this chapter:                      2,921        

      (A)(1)  "Alternative residential facility" means, subject    2,923        

to division (A)(2) of this section, any facility other than an     2,924        

offender's home or residence in which an offender is assigned to   2,925        

live and that satisfies all of the following criteria:             2,926        

      (a)  It provides programs through which the offender may     2,928        

seek or maintain employment or may receive education, training,    2,929        

treatment, or habilitation.                                        2,930        

      (b)  It has received the appropriate license or certificate  2,932        

for any specialized education, training, treatment, habilitation,  2,933        

or other service that it provides from the government agency that  2,934        

is responsible for licensing or certifying that type of            2,935        

education, training, treatment, habilitation, or service.          2,936        

      (2)  "Alternative residential facility" does not include a   2,939        

community-based correctional facility, jail, halfway house, or     2,940        

                                                          67     


                                                                 
prison.                                                                         

      (B)  "Bad time" means the time by which the parole board     2,942        

administratively extends an offender's stated prison term or       2,943        

terms pursuant to section 2967.11 of the Revised Code because the  2,944        

parole board finds by clear and convincing evidence that the       2,945        

offender, while serving the prison term or terms, committed an     2,946        

act that is a criminal offense under the law of this state or the  2,947        

United States, whether or not the offender is prosecuted for the   2,949        

commission of that act.                                                         

      (C)  "Basic supervision" means a requirement that the        2,952        

offender maintain contact with a person appointed to supervise     2,954        

the offender in accordance with sanctions imposed by the court or  2,955        

imposed by the parole board pursuant to section 2967.28 of the     2,956        

Revised Code.                                                                   

      (D)  "Cocaine," "crack cocaine," "hashish," "L.S.D.," and    2,958        

"unit dose" have the same meanings as in section 2925.01 of the    2,959        

Revised Code.                                                                   

      (E)  "Community-based correctional facility" means a         2,962        

community-based correctional facility and program or district      2,963        

community-based correctional facility and program developed        2,964        

pursuant to sections 2301.51 to 2301.56 of the Revised Code.       2,965        

      (F)  "Community control sanction" means a sanction that is   2,968        

not a prison term and that is described in section 2929.15,        2,969        

2929.16, 2929.17, or 2929.18 of the Revised Code.                  2,970        

      (G)  "Criminally injurious conduct" means any conduct of     2,973        

the type that is described in division (C)(1) or (2) of section    2,974        

2743.51 of the Revised Code and that occurs on or after July 1,    2,975        

1996, or any activity that is described in divisions (C)(3) and    2,976        

(R) of section 2743.51 of the Revised Code and that occurs on or   2,977        

after the effective date of this amendment.                        2,978        

      (H)  "Controlled substance," "marihuana," "schedule I," and  2,980        

"schedule II" have the same meanings as in section 3719.01 of the  2,982        

Revised Code.                                                                   

      (I)(H)  "Curfew" means a requirement that an offender        2,985        

                                                          68     


                                                                 
during a specified period of time be at a designated place.        2,986        

      (J)(I)  "Day reporting" means a sanction pursuant to which   2,989        

an offender is required each day to report to and leave a center   2,990        

or other approved reporting location at specified times in order   2,991        

to participate in work, education or training, treatment, and      2,992        

other approved programs at the center or outside the center.       2,993        

      (K)(J)  "Deadly weapon" has the same meaning as in section   2,996        

2923.11 of the Revised Code.                                       2,997        

      (L)(K)  "Drug and alcohol use monitoring" means a program    3,000        

under which an offender agrees to submit to random chemical        3,001        

analysis of the offender's blood, breath, or urine to determine    3,002        

whether the offender has ingested any alcohol or other drugs.      3,003        

      (M)(L)  "Drug treatment program" means any program under     3,006        

which a person undergoes assessment and treatment designed to      3,007        

reduce or completely eliminate the person's physical or emotional  3,008        

reliance upon alcohol, another drug, or alcohol and another drug   3,009        

and under which the person may be required to receive assessment   3,011        

and treatment on an outpatient basis or may be required to reside  3,012        

at a facility other than the person's home or residence while                   

undergoing assessment and treatment.                               3,013        

      (N)(M)  "Economic loss" means any economic detriment         3,016        

suffered by a victim as a result of criminally injurious conduct   3,017        

THE COMMISSION OF A FELONY and includes any loss of income due to  3,018        

lost time at work because of any injury caused to the victim, and  3,019        

any property loss, medical cost, or funeral expense incurred as a  3,020        

result of the criminally injurious conduct COMMISSION OF THE       3,021        

FELONY.                                                            3,022        

      (O)(N)  "Education or training" includes study at, or in     3,025        

conjunction with a program offered by, a university, college, or   3,026        

technical college or vocational study and also includes the        3,027        

completion of primary school, secondary school, and literacy       3,028        

curriculums or their equivalent.                                                

      (P)(O)  "Electronically monitored house arrest" has the      3,031        

same meaning as in section 2929.23 of the Revised Code.            3,032        

                                                          69     


                                                                 
      (Q)(P)  "Eligible offender" has the same meaning as in       3,035        

section 2929.23 of the Revised Code except as otherwise specified  3,036        

in section 2929.20 of the Revised Code.                            3,037        

      (R)(Q)  "Firearm" has the same meaning as in section         3,040        

2923.11 of the Revised Code.                                                    

      (S)(R)  "Halfway house" means a facility licensed by the     3,043        

division of parole and community services of the department of                  

rehabilitation and correction pursuant to section 2967.14 of the   3,045        

Revised Code as a suitable facility for the care and treatment of  3,046        

adult offenders.                                                                

      (T)(S)  "House arrest" means a period of confinement of an   3,048        

eligible offender that is in the eligible offender's home or in    3,050        

other premises specified by the sentencing court or by the parole  3,051        

board pursuant to section 2967.28 of the Revised Code, that may    3,052        

be electronically monitored house arrest, and during which all of  3,053        

the following apply:                                               3,054        

      (1)  The eligible offender is required to remain in the      3,056        

eligible offender's home or other specified premises for the       3,058        

specified period of confinement, except for periods of time        3,059        

during which the eligible offender is at the eligible offender's   3,060        

place of employment or at other premises as authorized by the      3,062        

sentencing court or by the parole board.                                        

      (2)  The eligible offender is required to report             3,065        

periodically to a person designated by the court or parole board.  3,066        

      (3)  The eligible offender is subject to any other           3,068        

restrictions and requirements that may be imposed by the           3,069        

sentencing court or by the parole board.                           3,070        

      (U)(T)  "Intensive supervision" means a requirement that an  3,073        

offender maintain frequent contact with a person appointed by the  3,074        

court, or by the parole board pursuant to section 2967.28 of the   3,075        

Revised Code, to supervise the offender while the offender is      3,076        

seeking or maintaining necessary employment and participating in   3,077        

training, education, and treatment programs as required in the     3,078        

court's or parole board's order.                                                

                                                          70     


                                                                 
      (V)(U)  "Jail" means a jail, workhouse, minimum security     3,081        

jail, or other residential facility used for the confinement of    3,082        

alleged or convicted offenders that is operated by a political     3,083        

subdivision or a combination of political subdivisions of this     3,084        

state.                                                                          

      (W)(V)  "Delinquent child" has the same meaning as in        3,086        

section 2151.02 of the Revised Code.                               3,088        

      (X)(W)  "License violation report" means a report that is    3,091        

made by a sentencing court, or by the parole board pursuant to     3,092        

section 2967.28 of the Revised Code, to the regulatory or          3,093        

licensing board or agency that issued an offender a professional   3,094        

license or a license or permit to do business in this state and    3,096        

that specifies that the offender has been convicted of or pleaded  3,097        

guilty to an offense that may violate the conditions under which   3,098        

the offender's professional license or license or permit to do     3,099        

business in this state was granted or an offense for which the     3,100        

offender's professional license or license or permit to do                      

business in this state may be revoked or suspended.                3,101        

      (Y)(X)  "Major drug offender" means an offender who is       3,104        

convicted of or pleads guilty to the possession of, sale of, or    3,105        

offer to sell any drug, compound, mixture, preparation, or         3,106        

substance that consists of or contains at least one thousand       3,107        

grams of hashish; at least one hundred grams of crack cocaine; at  3,108        

least one thousand grams of cocaine that is not crack cocaine; at  3,109        

least TWO THOUSAND FIVE HUNDRED UNIT DOSES OR two hundred fifty    3,110        

grams of heroin; at least five thousand unit doses of L.S.D. OR    3,112        

FIVE HUNDRED GRAMS OF L.S.D. IN A LIQUID CONCENTRATE, LIQUID       3,113        

EXTRACT, OR LIQUID DISTILLATE FORM; or at least one hundred times  3,114        

the amount of any other schedule I or II controlled substance      3,116        

other than marihuana that is necessary to commit a felony of the   3,117        

third degree pursuant to section 2925.03, 2925.04, 2925.05,        3,118        

2925.06, or 2925.11 of the Revised Code that is based on the       3,119        

possession of, sale of, or offer to sell the controlled            3,120        

substance.                                                                      

                                                          71     


                                                                 
      (Z)(Y)  "Mandatory prison term" means one any of the         3,122        

following:                                                         3,123        

      (1)  Subject to division (DD)(Z)(Y)(2) of this section, the  3,126        

term in prison that must be imposed for the offenses or                         

circumstances set forth in divisions (F)(1) to (9) or (F)(10)(11)  3,128        

of section 2929.13 and division (D) of section 2929.14 of the      3,129        

Revised Code.  Except as provided in sections 2925.02, 2925.03,    3,131        

2925.04, 2925.05, and 2925.11 of the Revised Code, unless the      3,132        

maximum or another specific term is required under section         3,133        

2929.14 of the Revised Code, a mandatory prison term described in  3,134        

this division may be any prison term authorized for the level of   3,135        

offense.                                                                        

      (2)  The term of sixty days in prison that a sentencing      3,138        

court is required to impose for a fourth degree felony OMVI        3,139        

offense pursuant to division (G)(2) of section 2929.13 and         3,140        

division (A)(4) of section 4511.99 of the Revised Code.            3,141        

      (3)  The term in prison imposed pursuant to section 2971.03  3,143        

of the Revised Code for the offenses and in the circumstances      3,144        

described in division (F)(9)(10) of section 2929.13 of the         3,145        

Revised Code and that term as modified or terminated pursuant to   3,147        

section 2971.05 of the Revised Code.                               3,148        

      (AA)(Z)  "Monitored time" means a period of time during      3,151        

which an offender continues to be under the control of the         3,152        

sentencing court or parole board, subject to no conditions other   3,153        

than leading a law abiding life.                                                

      (BB)(AA)  "Offender" means a person who, in this state, is   3,156        

convicted of or pleads guilty to a felony or a misdemeanor.        3,157        

      (CC)(BB)  "Prison" means a residential facility used for     3,160        

the confinement of convicted felony offenders that is under the    3,161        

control of the department of rehabilitation and correction but     3,162        

does not include a violation sanction center operated under                     

authority of section 2967.141 of the Revised Code.                 3,163        

      (DD)(CC)  "Prison term" includes any of the following        3,165        

sanctions for an offender:                                         3,166        

                                                          72     


                                                                 
      (1)  A stated prison term;                                   3,168        

      (2)  A term in a prison shortened by, or with the approval   3,171        

of, the sentencing court pursuant to section 2929.20, 2967.26,     3,172        

5120.031, 5120.032, or 5120.073 of the Revised Code;               3,173        

      (3)  A term in prison extended by bad time imposed pursuant  3,176        

to section 2967.11 of the Revised Code or imposed for a violation  3,177        

of post-release control pursuant to section 2967.28 of the         3,178        

Revised Code.                                                                   

      (EE)(DD)  "Repeat violent offender" means a person about     3,181        

whom both of the following apply:                                               

      (1)  The person has been convicted of or has pleaded guilty  3,184        

to, and is being sentenced for committing, for complicity in       3,185        

committing, or for an attempt to commit, aggravated murder,                     

murder, involuntary manslaughter, a felony of the first degree     3,186        

other than one set forth in Chapter 2925. of the Revised Code, a   3,188        

felony of the first degree set forth in Chapter 2925. of the       3,189        

Revised Code that involved an attempt to cause serious physical    3,190        

harm to a person or that resulted in serious physical harm to a    3,191        

person, or a felony of the second degree that involved an attempt  3,192        

to cause serious physical harm to a person or that resulted in     3,194        

serious physical harm to a person.                                              

      (2)  Either of the following applies:                        3,196        

      (a)  The person previously was convicted of or pleaded       3,198        

guilty to, and served a prison term for, any of the following:     3,199        

      (i)  Aggravated murder, murder, involuntary manslaughter,    3,201        

rape, felonious sexual penetration as it existed under section     3,203        

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  3,204        

death of a person or in physical harm to a person, or complicity   3,205        

in or an attempt to commit any of those offenses;                  3,206        

      (ii)  An offense under an existing or former law of this     3,209        

state, another state, or the United States that is or was          3,210        

substantially equivalent to an offense listed under division       3,211        

(EE)(DD)(2)(a)(i) of this section AND THAT RESULTED IN THE DEATH   3,212        

                                                          73     


                                                                 
OF A PERSON OR IN PHYSICAL HARM TO A PERSON.                                    

      (b)  The person previously was adjudicated a delinquent      3,214        

child for committing an act that if committed by an adult would    3,215        

have been an offense listed in division (EE)(DD)(2)(a)(i) or (ii)  3,217        

of this section, the person was committed to the department of     3,218        

youth services for that delinquent act, and the juvenile court in  3,219        

which the person was adjudicated a delinquent child made a         3,220        

specific finding that the adjudication should be considered a      3,222        

conviction for purposes of a determination in the future pursuant               

to this chapter as to whether the person is a repeat violent       3,223        

offender.                                                                       

      (FF)(EE)  "Sanction" means any penalty imposed upon an       3,226        

offender who is convicted of or pleads guilty to an offense, as    3,227        

punishment for the offense.  "Sanction" includes any sanction      3,228        

imposed pursuant to any provision of sections 2929.14 to 2929.18   3,229        

of the Revised Code.                                                            

      (GG)(FF)  "Sentence" means the sanction or combination of    3,232        

sanctions imposed by the sentencing court on an offender who is    3,233        

convicted of or pleads guilty to a felony.                                      

      (HH)(GG)  "Stated prison term" means the prison term,        3,236        

mandatory prison term, or combination of all prison terms and      3,237        

mandatory prison terms imposed by the sentencing court pursuant    3,238        

to section 2929.14 or 2971.03 of the Revised Code.  "Stated        3,239        

prison term" includes any credit received by the offender for      3,240        

time spent in jail awaiting trial, sentencing, or transfer to      3,241        

prison for the offense and any time spent under house arrest or    3,242        

electronically monitored house arrest imposed after earning        3,243        

credits pursuant to section 2967.193 of the Revised Code.          3,244        

      (II)(HH)  "Victim-offender mediation" means a                3,247        

reconciliation or mediation program that involves an offender and  3,248        

the victim of the offense committed by the offender and that                    

includes a meeting in which the offender and the victim may        3,249        

discuss the offense, discuss restitution, and consider other       3,250        

sanctions for the offense.                                         3,251        

                                                          74     


                                                                 
      (JJ)(II)  "Fourth degree felony OMVI offense" means a        3,254        

violation of division (A) of section 4511.19 of the Revised Code   3,256        

that, under section 4511.99 of the Revised Code, is a felony of    3,258        

the fourth degree.                                                              

      (KK)(JJ)  "Mandatory term of local incarceration" means the  3,261        

term of sixty days in a jail, a community-based correctional       3,262        

facility, a halfway house, or an alternative residential facility  3,263        

that a sentencing court is required to impose upon a person who    3,264        

is convicted of or pleads guilty to a fourth degree felony OMVI    3,265        

offense pursuant to division (G)(1) of section 2929.13 of the      3,266        

Revised Code and division (A)(4) of section 4511.99 of the                      

Revised Code.                                                      3,267        

      (LL)(KK)  "Designated homicide, assault, or kidnapping       3,269        

offense," "sexual motivation specification," "sexually violent     3,270        

offense," "sexually violent predator," and "sexually violent       3,271        

predator specification" have the same meanings as in section       3,272        

2971.01 of the Revised Code.                                                    

      (MM)(LL)  "Habitual sex offender," "sexually oriented        3,274        

offense," and "sexual predator" have the same meanings as in       3,275        

section 2950.01 of the Revised Code.                               3,276        

      Sec. 2929.12.  (A)  Unless a mandatory prison term is        3,286        

OTHERWISE required by division (F) of section 2929.13 or section   3,288        

2929.14 of the Revised Code, a court that imposes a sentence       3,289        

under this chapter upon an offender for a felony has discretion    3,290        

to determine the most effective way to comply with the purposes    3,291        

and principles of sentencing set forth in section 2929.11 of the   3,292        

Revised Code.  In exercising that discretion, the court shall      3,293        

consider the factors set forth in divisions (B) and (C) of this    3,295        

section relating to the seriousness of the conduct and the         3,296        

factors provided in divisions (D) and (E) of this section          3,297        

relating to the likelihood of the offender's recidivism and, in    3,298        

addition, may consider any other factors that are relevant to      3,299        

achieving those purposes and principles of sentencing.             3,300        

      (B)  The sentencing court shall consider all of the          3,303        

                                                          75     


                                                                 
following that apply regarding the offender, the offense, or the                

victim, and any other relevant factors, as indicating that the     3,304        

offender's conduct is more serious than conduct normally           3,305        

constituting the offense:                                          3,306        

      (1)  The physical or mental injury suffered by the victim    3,309        

of the offense due to the conduct of the offender was exacerbated  3,310        

because of the physical or mental condition or age of the victim.  3,311        

      (2)  The victim of the offense suffered serious physical,    3,314        

psychological, or economic harm as a result of the offense.        3,315        

      (3)  The offender held a public office or position of trust  3,318        

in the community, and the offense related to that office or                     

position.                                                          3,319        

      (4)  The offender's occupation, elected office, or           3,321        

profession obliged the offender to prevent the offense or bring    3,322        

others committing it to justice.                                   3,323        

      (5)  The offender's professional reputation or occupation,   3,326        

elected office, or profession was used to facilitate the offense   3,327        

or is likely to influence the future conduct of others.            3,328        

      (6)  The offender's relationship with the victim             3,330        

facilitated the offense.                                           3,331        

      (7)  The offender committed the offense for hire or as a     3,333        

part of an organized criminal activity.                            3,334        

      (8)  In committing the offense, the offender was motivated   3,337        

by prejudice based on race, ethnic background, gender, sexual                   

orientation, or religion.                                          3,338        

      (C)  The sentencing court shall consider all of the          3,340        

following that apply regarding the offender, the offense, or the   3,341        

victim, and any other relevant factors, as indicating that the     3,342        

offender's conduct is less serious than conduct normally           3,343        

constituting the offense:                                                       

      (1)  The victim induced or facilitated the offense.          3,345        

      (2)  In committing the offense, the offender acted under     3,347        

strong provocation.                                                3,348        

      (3)  In committing the offense, the offender did not cause   3,351        

                                                          76     


                                                                 
or expect to cause physical harm to any person or property.                     

      (4)  There are substantial grounds to mitigate the           3,353        

offender's conduct, although the grounds are not enough to         3,354        

constitute a defense.                                              3,355        

      (D)  The sentencing court shall consider all of the          3,357        

following that apply regarding the offender, and any other         3,358        

relevant factors, as factors indicating that the offender is       3,360        

likely to commit future crimes:                                                 

      (1)  At the time of committing the offense, the offender     3,362        

was under release from confinement before trial or sentencing,     3,363        

under a sanction imposed pursuant to section 2929.16, 2929.17, or  3,364        

2929.18 of the Revised Code, or under post-release control         3,366        

pursuant to section 2967.28 or any other provision of the Revised  3,367        

Code for an earlier offense.                                       3,368        

      (2)  The offender previously was adjudicated a delinquent    3,371        

child pursuant to Chapter 2151. of the Revised Code, or the        3,372        

offender has a history of criminal convictions.                    3,373        

      (3)  The offender has not been rehabilitated to a            3,375        

satisfactory degree after previously being adjudicated a           3,376        

delinquent child pursuant to Chapter 2151. of the Revised Code,    3,378        

or the offender has not responded favorably to sanctions           3,379        

previously imposed for criminal convictions.                       3,380        

      (4)  The offender has demonstrated a pattern of drug or      3,382        

alcohol abuse that is related to the offense, and the offender     3,383        

refuses to acknowledge that the offender has demonstrated that     3,384        

pattern, or the offender refuses treatment for the drug or         3,385        

alcohol abuse.                                                                  

      (5)  The offender shows no genuine remorse for the offense.  3,387        

      (E)  The sentencing court shall consider all of the          3,389        

following that apply regarding the offender, and any other         3,390        

relevant factors, as factors indicating that the offender is not   3,391        

likely to commit future crimes:                                                 

      (1)  Prior to committing the offense, the offender had not   3,393        

been adjudicated a delinquent child.                               3,394        

                                                          77     


                                                                 
      (2)  Prior to committing the offense, the offender had not   3,396        

been convicted of or pleaded guilty to a criminal offense.         3,397        

      (3)  Prior to committing the offense, the offender had led   3,400        

a law-abiding life for a significant number of years.                           

      (4)  The offense was committed under circumstances  not      3,403        

likely to recur.                                                                

      (5)  The offender shows genuine remorse for the offense.     3,405        

      Sec. 2929.13.  (A)  Except as provided in division (E),      3,415        

(F), or (G) of this section and unless a specific sanction is      3,416        

required to be imposed or is precluded from being imposed          3,417        

pursuant to law, a court that imposes a sentence upon an offender  3,418        

for a felony may impose any sanction or combination of sanctions   3,419        

on the offender that are provided in sections 2929.14 to 2929.18   3,420        

of the Revised Code.  The sentence shall not impose an             3,421        

unnecessary burden on state or local government resources.         3,422        

      If the offender is eligible to be sentenced to community     3,424        

control sanctions, the court shall consider the appropriateness    3,426        

of imposing a financial sanction pursuant to section 2929.18 of    3,427        

the Revised Code or a sanction of community service pursuant to    3,429        

section 2929.17 of the Revised Code as the sole sanction for the   3,430        

offense.  Except as otherwise provided in this division, if the    3,431        

court is required to impose a mandatory prison term for the        3,432        

offense for which sentence is being imposed, the court also may    3,433        

impose a financial sanction pursuant to section 2929.18 of the     3,434        

Revised Code but may not impose any additional sanction or         3,435        

combination of sanctions under section 2929.16 or 2929.17 of the   3,436        

Revised Code.                                                      3,437        

      If the offender is being sentenced for a fourth degree       3,439        

felony OMVI offense, in addition to the mandatory term of local    3,440        

incarceration or the mandatory prison term required for the        3,442        

offense by division (G)(1) or (2) of this section, the court       3,444        

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    3,447        

may impose whichever of the following is applicable:                            

                                                          78     


                                                                 
      (1)  If division (G)(1) of this section requires that the    3,449        

offender be sentenced to a mandatory term of local incarceration,  3,450        

an additional community control sanction or combination of         3,452        

community control sanctions under section 2929.16 or 2929.17 of    3,453        

the Revised Code;                                                  3,454        

      (2)  If division (G)(2) of this section requires that the    3,456        

offender be sentenced to a mandatory prison term, an additional    3,457        

prison term as described in division (D)(4) of section 2929.14 of  3,458        

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  3,461        

(G) of this section, in sentencing an offender for a felony of     3,462        

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                3,464        

      (a)  In committing the offense, the offender caused          3,466        

physical harm to a person.                                         3,467        

      (b)  In committing the offense, the offender attempted to    3,470        

cause or made an actual threat of physical harm to a person with   3,471        

a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    3,474        

cause or made an actual threat of physical harm to a person, and   3,475        

the offender previously was convicted of an offense that caused    3,476        

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  3,479        

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    3,480        

or to bring those committing it to justice; or the offender's      3,481        

professional reputation or position facilitated the offense or     3,482        

was likely to influence the future conduct of others.              3,483        

      (e)  The offender committed the offense for hire or as part  3,485        

of an organized criminal activity.                                 3,486        

      (f)  The offense is a sex offense that is a fourth or fifth  3,489        

degree felony violation of section 2907.03, 2907.04, 2907.05,      3,490        

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  3,491        

Revised Code.                                                                   

                                                          79     


                                                                 
      (g)  The offender previously served a prison term.           3,493        

      (h)  The offender previously was subject to a community      3,495        

control sanction, and the offender committed another THE offense   3,497        

while under the A COMMUNITY CONTROL sanction OR WHILE ON           3,498        

PROBATION.                                                                      

      (i)  THE OFFENDER COMMITTED THE OFFENSE WHILE IN POSSESSION  3,500        

OF A FIREARM.                                                      3,501        

      (2)(a)  If the court makes a finding described in division   3,504        

(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) of this    3,505        

section and if the court, after considering the factors set forth  3,507        

in section 2929.12 of the Revised Code, finds that a prison term   3,508        

is consistent with the purposes and principles of sentencing set   3,509        

forth in section 2929.11 of the Revised Code and finds that the    3,511        

offender is not amenable to an available community control         3,512        

sanction, the court shall impose a prison term upon the offender.  3,513        

      (b)  Except as provided in division (E), (F), or (G) of      3,515        

this section, if the court does not make a finding described in    3,517        

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i)   3,518        

of this section and if the court, after considering the factors    3,520        

set forth in section 2929.12 of the Revised Code, finds that a     3,522        

community control sanction or combination of community control     3,523        

sanctions is consistent with the purposes and principles of        3,524        

sentencing set forth in section 2929.11 of the Revised Code, the   3,527        

court shall impose a community control sanction or combination of  3,528        

community control sanctions upon the offender.                     3,529        

      (C)  Except as provided in division (E) or (F) of this       3,532        

section, in determining whether to impose a prison term as a       3,533        

sanction for a felony of the third degree or a felony drug         3,534        

offense that is a violation of a provision of Chapter 2925. of     3,536        

the Revised Code and that is specified as being subject to this    3,539        

division for purposes of sentencing, the sentencing court shall    3,540        

comply with the purposes and principles of sentencing under        3,541        

section 2929.11 of the Revised Code and with section 2929.12 of    3,544        

the Revised Code.                                                               

                                                          80     


                                                                 
      (D)  Except as provided in division (E) or (F) of this       3,547        

section, for a felony of the first or second degree and for a      3,548        

felony drug offense that is a violation of any provision of        3,549        

Chapter 2925., 3719., or 4729. of the Revised Code for which a     3,550        

presumption in favor of a prison term is specified as being        3,551        

applicable, it is presumed that a prison term is necessary in      3,552        

order to comply with the purposes and principles of sentencing     3,553        

under section 2929.11 of the Revised Code.  Notwithstanding the    3,554        

presumption established under this division, the sentencing court  3,555        

may impose a community control sanction or a combination of        3,556        

community control sanctions instead of a prison term on an         3,557        

offender for a felony of the first or second degree or for a       3,558        

felony drug offense that is a violation of any provision of        3,559        

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        3,560        

applicable if it makes both of the following findings:             3,562        

      (1)  A community control sanction or a combination of        3,564        

community control sanctions would adequately punish the offender   3,566        

and protect the public from future crime, because the applicable   3,567        

factors under section 2929.12 of the Revised Code indicating a     3,569        

lesser likelihood of recidivism outweigh the applicable factors    3,571        

under that section indicating a greater likelihood of recidivism.  3,573        

      (2)  A community control sanction or a combination of        3,575        

community control sanctions would not demean the seriousness of    3,577        

the offense, because one or more factors under section 2929.12 of  3,578        

the Revised Code that indicate that the offender's conduct was     3,579        

less serious than conduct normally constituting the offense are    3,580        

applicable, and they outweigh the applicable factors under that    3,581        

section that indicate that the offender's conduct was more         3,582        

serious than conduct normally constituting the offense.            3,583        

      (E)(1)  Except as provided in division (F) of this section,  3,586        

for any drug offense that is a violation of any provision of       3,587        

Chapter 2925. of the Revised Code and that is a felony of the      3,588        

third, fourth, or fifth degree, the applicability of a             3,589        

                                                          81     


                                                                 
presumption under division (D) of this section in favor of a       3,590        

prison term or of division (B) or (C) of this section in           3,591        

determining whether to impose a prison term for the offense shall  3,593        

be determined as specified in section 2925.02, 2925.03, 2925.04,   3,594        

2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23,     3,595        

2925.36, or 2925.37 of the Revised Code, whichever is applicable   3,598        

regarding the violation.                                                        

      (2)  If an offender who was convicted of or pleaded guilty   3,600        

to a felony drug offense in violation of a provision of Chapter    3,601        

2925., 3719., or 4729. of the Revised Code violates the            3,602        

conditions of a community control sanction imposed for the         3,603        

offense solely by possessing or using a controlled substance and   3,605        

if the offender has not failed to meet the conditions of any drug  3,607        

treatment program in which the offender was ordered to                          

participate as a sanction for the offense OR SOLELY BY REASON OF   3,608        

PRODUCING POSITIVE RESULTS ON A DRUG TEST, the court, as           3,609        

punishment for the violation of the sanction, shall NOT order      3,611        

that the offender BE IMPRISONED UNLESS THE COURT DETERMINES ON     3,613        

THE RECORD EITHER OF THE FOLLOWING:                                             

      (a)  THE OFFENDER HAD BEEN ORDERED AS A SANCTION FOR THE     3,615        

FELONY TO participate in a drug treatment program, IN A DRUG       3,618        

EDUCATION PROGRAM, or in alcoholics anonymous, narcotics           3,620        

anonymous, or a similar program if the court determines that an    3,621        

order of that nature is, AND THE OFFENDER CONTINUED TO USE         3,622        

ILLEGAL DRUGS AFTER A REASONABLE PERIOD OF PARTICIPATION IN THE    3,624        

PROGRAM.                                                                        

      (b)  THE IMPRISONMENT OF THE OFFENDER FOR THE VIOLATION IS   3,626        

consistent with the purposes and principles of sentencing set      3,627        

forth in section 2929.11 of the Revised Code.  If the court        3,628        

determines that an order of that nature would not be consistent    3,629        

with those purposes and principles or if the offender violated     3,630        

the conditions of a drug treatment program in which the offender   3,631        

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     3,632        

                                                          82     


                                                                 
sanction, including a prison term.                                 3,633        

      (F)  Notwithstanding divisions (A) to (E) of this section,   3,636        

the court shall impose a prison term or terms under sections       3,637        

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     3,638        

Revised Code and except as specifically provided in section        3,639        

2929.20 OR 2967.191 of the Revised Code or when parole is          3,640        

authorized for the offense under section 2967.13 of the Revised    3,641        

Code, shall not reduce the terms pursuant to section 2929.20,      3,642        

section 2967.193, or any other provision of Chapter 2967. or       3,644        

Chapter 5120. of the Revised Code for any of the following         3,645        

offenses:                                                          3,646        

      (1)  Aggravated murder when death is not imposed or murder;  3,648        

      (2)  Any rape, regardless of whether force was involved and  3,650        

regardless of the age of the victim, or an attempt to commit rape  3,651        

by force when the victim is under thirteen years of age;           3,654        

      (3)  Gross sexual imposition or sexual battery, if the       3,656        

victim is under thirteen years of age, if the offender previously  3,658        

was convicted of or pleaded guilty to rape, the former offense of  3,659        

felonious sexual penetration, gross sexual imposition, or sexual   3,660        

battery, and if the victim of the previous offense was under       3,662        

thirteen years of age;                                                          

      (4)  A felony violation of section 2903.06, 2903.07, or      3,665        

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       3,666        

      (5)  A first, second, or third degree felony drug offense    3,669        

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  3,670        

4729.99 of the Revised Code, whichever is applicable regarding     3,672        

the violation, requires the imposition of a mandatory prison       3,673        

term;                                                                           

      (6)  Any offense that is a first or second degree felony     3,675        

and that is not set forth in division (F)(1), (2), (3), or (4) of  3,677        

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   3,679        

                                                          83     


                                                                 
degree felony, or an offense under an existing or former law of    3,680        

this state, another state, or the United States that is or was     3,681        

substantially equivalent to one of those offenses;                              

      (7)  ANY OFFENSE THAT IS A THIRD DEGREE FELONY AND THAT IS   3,683        

LISTED IN DIVISION (DD)(1) OF SECTION 2929.01 OF THE REVISED CODE  3,684        

IF THE OFFENDER PREVIOUSLY WAS CONVICTED OF OR PLEADED GUILTY TO   3,685        

ANY OFFENSE THAT IS LISTED IN DIVISION (DD)(2)(a)(i) OR (ii) OF    3,686        

SECTION 2929.01 OF THE REVISED CODE;                               3,687        

      (8)  Any offense, other than a violation of section 2923.12  3,689        

of the Revised Code, that is a felony, if the offender had a       3,691        

firearm on or about the offender's person or under the offender's  3,692        

control while committing the felony, with respect to a portion of  3,693        

the sentence imposed pursuant to division (D)(1)(a) of section     3,695        

2929.14 of the Revised Code for having the firearm;                             

      (8)(9)  Corrupt activity in violation of section 2923.32 of  3,697        

the Revised Code when the most serious offense in the pattern of   3,699        

corrupt activity that is the basis of the offense is a felony of   3,700        

the first degree;                                                               

      (9)(10)  Any sexually violent offense for which the          3,702        

offender also is convicted of or pleads guilty to a sexually       3,704        

violent predator specification that was included in the            3,705        

indictment, count in the indictment, or information charging the   3,706        

sexually violent offense;                                                       

      (10)(11)  A violation of division (A)(1) or (2) of section   3,708        

2921.36 of the Revised Code, or a violation of division (C) of     3,711        

that section involving an item listed in division (A)(1) or (2)    3,712        

of that section, if the offender is an officer or employee of the  3,713        

department of rehabilitation and correction.                                    

      (G)  Notwithstanding divisions (A) to (E) of this section,   3,716        

if an offender is being sentenced for a fourth degree felony OMVI  3,717        

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          3,718        

accordance with the following:                                     3,719        

      (1)  Except as provided in division (G)(2) of this section,  3,721        

                                                          84     


                                                                 
the court shall impose upon the offender a mandatory term of       3,722        

local incarceration of sixty days as specified in division (A)(4)  3,723        

of section 4511.99 of the Revised Code and shall not reduce the    3,724        

term pursuant to section 2929.20, 2967.193, or any other           3,725        

provision of the Revised Code.  The court that imposes a           3,726        

mandatory term of local incarceration under this division shall    3,727        

specify whether the term is to be served in a jail, a              3,728        

community-based correctional facility, a halfway house, or an      3,729        

alternative residential facility, and the offender shall serve     3,730        

the term in the type of facility specified by the court.  The      3,731        

court shall not sentence the offender to a prison term and shall   3,732        

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          3,733        

incarceration imposed under division (G)(1) of this section is     3,734        

not subject to extension under section 2967.11 of the Revised      3,735        

Code, to a period of post-release control under section 2967.28    3,736        

of the Revised Code, or to any other Revised Code provision that   3,737        

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      3,739        

mandatory term of local incarceration pursuant to division (G)(1)  3,740        

of this section for a fourth degree felony OMVI offense, the       3,741        

court shall impose upon the offender a mandatory prison term of    3,742        

sixty days as specified in division (A)(4) of section 4511.99 of   3,743        

the Revised Code and shall not reduce the term pursuant to         3,744        

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    3,745        

to a mandatory term of local incarceration pursuant to division    3,746        

(G)(1) of this section for a fourth degree felony OMVI offense be  3,747        

sentenced to another mandatory term of local incarceration under   3,748        

that division for a fourth degree felony OMVI offense.  The court  3,749        

shall not sentence the offender to a community control sanction    3,750        

under section 2929.16 or 2929.17 of the Revised Code.  The         3,751        

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     3,752        

                                                          85     


                                                                 
intensive program prison established pursuant to section 5120.033  3,753        

of the Revised Code if the department gave the sentencing judge    3,754        

prior notice of its intent to place the offender in an intensive   3,755        

program prison established under that section and if the judge     3,756        

did not notify the department that the judge disapproved the       3,757        

placement.  Upon the establishment of the initial intensive                     

program prison pursuant to section 5120.033 of the Revised Code    3,758        

that is privately operated and managed by a contractor pursuant    3,759        

to a contract entered into under section 9.06 of the Revised       3,760        

Code, both of the following apply:                                              

      (a)  The department of rehabilitation and correction shall   3,762        

make a reasonable effort to ensure that a sufficient number of     3,763        

offenders sentenced to a mandatory prison term under this          3,764        

division are placed in the privately operated and managed prison   3,765        

so that the privately operated and managed prison has full         3,766        

occupancy.                                                                      

      (b)  Unless the privately operated and managed prison has    3,768        

full occupancy, the department of rehabilitation and correction    3,769        

shall not place any offender sentenced to a mandatory prison term  3,770        

under this division in any intensive program prison established    3,771        

pursuant to section 5120.033 of the Revised Code other than the    3,773        

privately operated and managed prison.                                          

      (H)  If an offender is being sentenced for a sexually        3,776        

oriented offense committed on or after January 1, 1997, the judge  3,777        

shall require the offender to submit to a DNA specimen collection  3,779        

procedure pursuant to section 2901.07 of the Revised Code if       3,781        

either of the following applies:                                                

      (1)  The offense was a sexually violent offense, and the     3,783        

offender also was convicted of or pleaded guilty to a sexually     3,784        

violent predator specification that was included in the            3,785        

indictment, count in the indictment, or information charging the   3,786        

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   3,788        

offense determines pursuant to division (B) of section 2950.09 of  3,789        

                                                          86     


                                                                 
the Revised Code that the offender is a sexual predator.           3,790        

      (I)  If an offender is being sentenced for a sexually        3,793        

oriented offense committed on or after January 1, 1997, the judge  3,794        

shall include in the sentence a summary of the offender's duty to  3,796        

register pursuant to section 2950.04 of the Revised Code, the      3,797        

offender's duty to provide notice of a change in residence                      

address and register the new residence address pursuant to         3,798        

section 2950.05 of the Revised Code, the offender's duty to        3,799        

periodically verify the offender's current residence address       3,800        

pursuant to section 2950.06 of the Revised Code, and the duration  3,801        

of the duties.  The judge shall inform the offender, at the time   3,802        

of sentencing, of those duties and of their duration and, if                    

required under division (A)(2) of section 2950.03 of the Revised   3,804        

Code, shall perform the duties specified in that section.          3,805        

      (J)(1)  EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS        3,809        

SECTION, WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION    3,810        

IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY    3,811        

TO AN ATTEMPT TO COMMIT AN OFFENSE IN VIOLATION OF SECTION         3,812        

2923.02 OF THE REVISED CODE, THE SENTENCING COURT SHALL CONSIDER   3,814        

THE FACTORS APPLICABLE TO THE FELONY CATEGORY OF THE VIOLATION OF  3,815        

SECTION 2923.02 OF THE REVISED CODE INSTEAD OF THE FACTORS         3,817        

APPLICABLE TO THE FELONY CATEGORY OF THE OFFENSE ATTEMPTED.        3,819        

      (2)  WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION  3,822        

IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY    3,823        

TO AN ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE         3,824        

PENALTY IS DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF     3,825        

THE CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE, THE   3,826        

SENTENCING COURT SHALL CONSIDER THE FACTORS APPLICABLE TO THE      3,827        

FELONY CATEGORY THAT THE DRUG ABUSE OFFENSE ATTEMPTED WOULD BE IF  3,828        

THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD INVOLVED AN     3,829        

AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED SUBSTANCE THAT    3,830        

IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED SUBSTANCE AMOUNTS                  

THAN WAS INVOLVED IN THE ATTEMPT.                                  3,832        

      (K)  AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE   3,835        

                                                          87     


                                                                 
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE.            3,837        

      Sec. 2929.14.  (A)  Except as provided in division (C),      3,847        

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       3,848        

relation to an offense for which a sentence of death or life       3,849        

imprisonment is to be imposed, if the court imposing a sentence    3,850        

upon an offender for a felony elects or is required to impose a    3,851        

prison term on the offender pursuant to this chapter and is not    3,852        

prohibited by division (G)(1) of section 2929.13 of the Revised    3,853        

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  3,855        

      (1)  For a felony of the first degree, the prison term       3,857        

shall be three, four, five, six, seven, eight, nine, or ten        3,858        

years.                                                             3,859        

      (2)  For a felony of the second degree, the prison term      3,861        

shall be two, three, four, five, six, seven, or eight years.       3,862        

      (3)  For a felony of the third degree, the prison term       3,864        

shall be one, two, three, four, or five years.                     3,865        

      (4)  For a felony of the fourth degree, the prison term      3,867        

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   3,868        

fourteen, fifteen, sixteen, seventeen, or eighteen months.         3,869        

      (5)  For a felony of the fifth degree, the prison term       3,871        

shall be six, seven, eight, nine, ten, eleven, or twelve months.   3,873        

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  3,876        

(G) of this section, in section 2907.02 of the Revised Code, or    3,877        

in Chapter 2925. of the Revised Code, if the court imposing a      3,879        

sentence upon an offender for a felony elects or is required to    3,880        

impose a prison term on the offender and if the offender           3,881        

previously has not served a prison term, the court shall impose    3,882        

the shortest prison term authorized for the offense pursuant to    3,883        

division (A) of this section, unless the court finds on the        3,884        

record that the shortest prison term will demean the seriousness   3,885        

of the offender's conduct or will not adequately protect the       3,886        

public from future crime by the offender or others.                3,887        

      (C)  Except as provided in division (G) of this section or   3,889        

                                                          88     


                                                                 
in Chapter 2925. of the Revised Code, the court imposing a         3,890        

sentence upon an offender for a felony may impose the longest      3,891        

prison term authorized for the offense pursuant to division (A)    3,892        

of this section only upon offenders who committed the worst forms  3,893        

of the offense, upon offenders who pose the greatest likelihood    3,894        

of committing future crimes, upon certain major drug offenders     3,895        

under division (D)(3) of this section, and upon certain repeat     3,896        

violent offenders in accordance with division (D)(2) of this       3,898        

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b)(d)    3,901        

of this section, if an offender who is convicted of or pleads      3,902        

guilty to a felony also is convicted of or pleads guilty to a      3,903        

specification of the type described in section 2941.141,           3,904        

2941.144, OR 2941.145 of the Revised Code, THE COURT SHALL IMPOSE  3,906        

ON THE OFFENDER ONE OF THE FOLLOWING PRISON TERMS:                 3,907        

      (i)  A PRISON TERM OF SIX YEARS IF THE SPECIFICATION IS OF   3,909        

THE TYPE DESCRIBED IN SECTION 2941.144 OF THE REVISED CODE that    3,911        

charges the offender with having a firearm that is an automatic                 

firearm or that was equipped with a firearm muffler or silencer    3,912        

on or about the offender's person or under the offender's control  3,914        

while committing the felony, a;                                                 

      (ii)  A PRISON TERM OF THREE YEARS IF THE specification IS   3,917        

of the type described in section 2941.145 of the Revised Code      3,919        

that charges the offender with having a firearm on or about the                 

offender's person or under the offender's control while            3,920        

committing the offense and displaying the firearm, brandishing     3,922        

the firearm, indicating that the offender possessed the firearm,   3,923        

or using it to facilitate the offense, or a;                       3,925        

      (iii)  A PRISON TERM OF ONE YEAR IF THE specification IS of  3,928        

the type described in section 2941.141 of the Revised Code that    3,930        

charges the offender with having a firearm on or about the                      

offender's person or under the offender's control while            3,931        

committing the felony, the.                                        3,932        

      (b)  IF A court, after imposing IMPOSES a prison term on     3,935        

                                                          89     


                                                                 
the AN offender for the felony under division (A), (D)(2), or      3,938        

(D)(3)(1)(a) of this section, shall impose an additional THE       3,939        

prison term, determined pursuant to this division, that shall not  3,941        

be reduced pursuant to section 2929.20, section 2967.193, or any   3,943        

other provision of Chapter 2967. or Chapter 5120. of the Revised   3,944        

Code.  If the specification is of the type described in section    3,946        

2941.144 of the Revised Code, the additional prison term shall be  3,947        

six years.  If the specification is of the type described in       3,949        

section 2941.145 of the Revised Code, the additional prison term   3,951        

shall be three years.  If the specification is of the type         3,952        

described in section 2941.141 of the Revised Code, the additional  3,953        

prison term shall be one year.  A court shall not impose more      3,955        

than one additional prison term on an offender under this          3,956        

division (D)(1)(a) OF THIS SECTION for felonies committed as part  3,957        

of the same act or transaction.  If a court imposes an additional  3,958        

prison term under division (D)(1)(a)(ii) of this section, the      3,959        

court is not precluded from imposing an additional prison term     3,960        

under this division.                                                            

      (ii)(c)  Except as provided in division (D)(1)(b)(d) of      3,964        

this section, if an offender who is convicted of or pleads guilty  3,965        

to a violation of section 2923.161 of the Revised Code or to a     3,967        

felony that includes, as an essential element, purposely or        3,968        

knowingly causing or attempting to cause the death of or physical  3,969        

harm to another, also is convicted of or pleads guilty to a        3,970        

specification of the type described in section 2941.146 of the     3,971        

Revised Code that charges the offender with committing the         3,974        

offense by discharging a firearm from a motor vehicle, as defined  3,975        

in section 4501.01 of the Revised Code, other than a manufactured  3,977        

home, as defined in section 4501.01 of the Revised Code, the       3,980        

court, after imposing a prison term on the offender for the        3,981        

violation of section 2923.161 of the Revised Code or for the       3,983        

other felony offense under division (A), (D)(2), or (D)(3) of      3,984        

this section, shall impose an additional prison term of five       3,985        

years upon the offender that shall not be reduced pursuant to      3,986        

                                                          90     


                                                                 
section 2929.20, section 2967.193, or any other provision of       3,987        

Chapter 2967. or Chapter 5120. of the Revised Code.  A court       3,988        

shall not impose more than one additional prison term on an        3,989        

offender under this division (D)(1)(c) OF THIS SECTION for         3,990        

felonies committed as part of the same act or transaction.  If a   3,992        

court imposes an additional prison term on an offender under this  3,993        

division (D)(1)(c) OF THIS SECTION relative to an offense, the     3,994        

court also shall impose an additional A prison term under          3,995        

division (D)(1)(a)(i) of this section relative to the same         3,997        

offense, provided the criteria specified in that division for      3,998        

imposing an additional prison term are satisfied relative to the                

offender and the offense.                                          3,999        

      (b)(d)  The court shall not impose any of the additional     4,002        

prison terms described in division (D)(1)(a) of this section OR    4,005        

ANY OF THE ADDITIONAL PRISON TERMS DESCRIBED IN DIVISION           4,006        

(D)(1)(c) OF THIS SECTION upon an offender for a violation of      4,007        

section 2923.12 or 2923.123 of the Revised Code.  The court shall  4,008        

not impose any of the additional prison terms described in that    4,009        

division (D)(1)(a) OF THIS SECTION OR ANY OF THE ADDITIONAL        4,011        

PRISON TERMS DESCRIBED IN DIVISION (D)(1)(c) OF THIS SECTION upon  4,013        

an offender for a violation of section 2923.13 of the Revised      4,015        

Code unless all of the following apply:                                         

      (i)  The offender previously has been convicted of           4,018        

aggravated murder, murder, or any felony of the first or second    4,019        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    4,022        

was released from prison or post-release control, whichever is     4,023        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  4,026        

to a felony also is convicted of or pleads guilty to a             4,027        

specification of the type described in section 2941.149 of the     4,028        

Revised Code that the offender is a repeat violent offender, the   4,030        

court shall impose a prison term from the range of terms           4,031        

authorized for the offense under division (A) of this section      4,032        

                                                          91     


                                                                 
that may be the longest term in the range and that shall not be    4,033        

reduced pursuant to section 2929.20, section 2967.193, or any      4,035        

other provision of Chapter 2967. or Chapter 5120. of the Revised   4,036        

Code.  If the court finds that the repeat violent offender, in     4,038        

committing the offense, caused any physical harm that carried a    4,039        

substantial risk of death to a person or that involved             4,040        

substantial permanent incapacity or substantial permanent          4,041        

disfigurement of a person, the court shall impose the longest      4,042        

prison term from the range of terms authorized for the offense     4,044        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         4,047        

violent offender imposes the longest prison term from the range    4,048        

of terms authorized for the offense under division (A) of this     4,049        

section, the court may impose on the offender an additional        4,050        

definite prison term of one, two, three, four, five, six, seven,   4,051        

eight, nine, or ten years if the court finds that both of the      4,052        

following apply with respect to the prison terms imposed on the    4,053        

offender pursuant to division (D)(2)(a) of this section and, if    4,054        

applicable, divisions (D)(1) and (3) of this section:              4,055        

      (i)  The terms so imposed are inadequate to punish the       4,058        

offender and protect the public from future crime, because the     4,059        

applicable factors under section 2929.12 of the Revised Code       4,062        

indicating a greater likelihood of recidivism outweigh the         4,064        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          4,065        

      (ii)  The terms so imposed are demeaning to the seriousness  4,068        

of the offense, because one or more of the factors under section   4,069        

2929.12 of the Revised Code indicating that the offender's         4,070        

conduct is more serious than conduct normally constituting the     4,071        

offense are present, and they outweigh the applicable factors      4,072        

under that section indicating that the offender's conduct is less  4,074        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       4,077        

section 2903.01 or 2907.02 of the Revised Code and the penalty     4,078        

                                                          92     


                                                                 
imposed for the violation is life imprisonment or commits a        4,079        

violation of section 2903.02 of the Revised Code, if the offender  4,080        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     4,081        

the Revised Code and that section CLASSIFIES THE OFFENDER AS A     4,082        

MAJOR DRUG OFFENDER AND requires the imposition of a ten-year      4,084        

prison term on the offender or, if a THE OFFENDER COMMITS A        4,086        

FELONY VIOLATION OF SECTION 2925.02, 2925.04, 2925.05, 2925.36,    4,087        

3719.07, 3719.08, 3719.16, 3719.161, 4729.37, OR 4729.61,          4,088        

DIVISION (C) OR (D) OF SECTION 3719.172, DIVISION (C) OF SECTION   4,089        

4729.51, OR DIVISION (J) OF SECTION 4729.54 OF THE REVISED CODE    4,090        

THAT INCLUDES THE SALE, OFFER TO SELL, OR POSSESSION OF A                       

SCHEDULE I OR II CONTROLLED SUBSTANCE, WITH THE EXCEPTION OF       4,091        

MARIHUANA, AND THE court imposing a sentence upon an THE offender  4,093        

for a felony finds that the offender is guilty of a specification  4,095        

of the type described in section 2941.1410 of the Revised Code,    4,096        

CHARGING that the offender is a major drug offender, OR IF THE     4,098        

COURT IMPOSING SENTENCE UPON AN OFFENDER FOR A FELONY FINDS THAT   4,099        

THE OFFENDER is guilty of corrupt activity with the most serious   4,100        

offense in the pattern of corrupt activity being a felony of the   4,101        

first degree, or is guilty of an attempted forcible violation of   4,102        

section 2907.02 of the Revised Code with the victim being under    4,103        

thirteen years of age and that attempted violation is the felony   4,104        

for which sentence is being imposed, the court shall impose upon   4,105        

the offender for the felony violation a ten-year prison term that  4,106        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  4,108        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   4,111        

division (D)(3)(a) of this section may impose an additional        4,112        

prison term of one, two, three, four, five, six, seven, eight,     4,113        

nine, or ten years, if the court, with respect to the term         4,114        

imposed under division (D)(3)(a) of this section and, if           4,115        

applicable, divisions (D)(1) and (2) of this section, makes both   4,117        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    4,118        

this section.                                                                   

                                                          93     


                                                                 
      (4)  If the offender is being sentenced for a fourth degree  4,120        

felony OMVI offense and if division (G)(2) of section 2929.13 of   4,122        

the Revised Code requires the sentencing court to impose upon the  4,123        

offender a mandatory prison term, the sentencing court shall       4,124        

impose upon the offender a mandatory prison term in accordance     4,125        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    4,126        

prison term of any duration specified in division (A)(4) of this   4,127        

section minus the sixty days imposed upon the offender as the      4,128        

mandatory prison term.  The total of the additional prison term    4,129        

imposed under division (D)(4) of this section plus the sixty days  4,130        

imposed as the mandatory prison term shall equal one of the        4,131        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     4,132        

division (D)(4) of this section, the offender shall serve the      4,133        

additional prison term after the offender has served the           4,134        

mandatory prison term required for the offense.  The court shall   4,135        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    4,136        

      (E)(1)  If a mandatory prison term is imposed upon an        4,139        

offender pursuant to division (D)(1)(a) of this section for        4,140        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or, if a mandatory    4,142        

prison term is imposed upon an offender pursuant to division       4,144        

(D)(1)(b)(d) of this section for committing a felony specified in  4,145        

that division by discharging a firearm from a motor vehicle, OR    4,146        

IF BOTH TYPES OF MANDATORY PRISON TERMS ARE IMPOSED, the offender  4,147        

shall serve the ANY mandatory prison term IMPOSED UNDER EITHER     4,149        

DIVISION CONSECUTIVELY TO ANY OTHER MANDATORY PRISON TERM IMPOSED  4,150        

UNDER EITHER DIVISION AND SHALL SERVE ALL MANDATORY PRISON TERMS   4,151        

IMPOSED UNDER THOSE DIVISIONS consecutively to and prior to the    4,152        

ANY prison term imposed for the underlying felony pursuant to      4,153        

division (A), (D)(2), or (D)(3) of this section or any other       4,154        

section of the Revised Code and consecutively to any other prison  4,155        

                                                          94     


                                                                 
term or mandatory prison term previously or subsequently imposed   4,157        

upon the offender.                                                 4,158        

      (2)  If an offender who is an inmate in a jail, prison, or   4,161        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   4,163        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        4,164        

offender who is an inmate in a jail, prison, or other residential  4,165        

detention facility or is under detention at a detention facility   4,166        

commits another felony while the offender is an escapee in         4,168        

violation of section 2921.34 of the Revised Code, any prison term  4,170        

imposed upon the offender for one of those violations shall be     4,171        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         4,173        

committed that offense and to any other prison term previously or  4,174        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       4,175        

meanings as in section 2921.01 of the Revised Code.                4,176        

      (3)  If a prison term is imposed for a violation of          4,178        

division (B) of section 2911.01 of the Revised Code, the offender  4,180        

shall serve that prison term consecutively to any other prison     4,181        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     4,183        

for convictions of multiple offenses, the court may require the    4,184        

offender to serve the prison terms consecutively if the court      4,185        

finds that the consecutive service is necessary to protect the     4,186        

public from future crime or to punish the offender and that        4,187        

consecutive sentences are not disproportionate to the seriousness  4,188        

of the offender's conduct and to the danger the offender poses to  4,190        

the public, and if the court also finds any of the following:      4,191        

      (a)  The offender committed the multiple offenses while the  4,194        

offender was awaiting trial or sentencing, was under a sanction    4,195        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    4,196        

Revised Code, or was under post-release control for a prior        4,197        

                                                          95     


                                                                 
offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   4,200        

or unusual that no single prison term for any of the offenses      4,201        

committed as part of a single course of conduct adequately         4,202        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              4,204        

demonstrates that consecutive sentences are necessary to protect   4,205        

the public from future crime by the offender.                      4,206        

      (5)  When consecutive prison terms are imposed pursuant to   4,209        

division (E)(1), (2), (3), or (4) of this section, the term to be  4,210        

served is the aggregate of all of the terms so imposed.            4,211        

      (F)  If a court imposes a prison term of a type described    4,214        

in division (B) of section 2967.28 of the Revised Code, it shall   4,215        

include in the sentence a requirement that the offender be         4,216        

subject to a period of post-release control after the offender's   4,217        

release from imprisonment, in accordance with that division.  If   4,218        

a court imposes a prison term of a type described in division (C)  4,219        

of that section, it shall include in the sentence a requirement    4,220        

that the offender be subject to a period of post-release control   4,221        

after the offender's release from imprisonment, in accordance      4,222        

with that division, if the parole board determines that a period   4,223        

of post-release control is necessary.                              4,224        

      (G)  If a person is convicted of or pleads guilty to a       4,226        

sexually violent offense and also is convicted of or pleads        4,227        

guilty to a sexually violent predator specification that was       4,228        

included in the indictment, count in the indictment, or            4,229        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   4,230        

the Revised Code, and Chapter 2971. of the Revised Code applies    4,231        

regarding the prison term or term of life imprisonment without     4,232        

parole imposed upon the offender and the service of that term of   4,233        

imprisonment.                                                                   

      (H)  If a person who has been convicted of or pleaded        4,235        

guilty to a felony is sentenced to a prison term or term of        4,236        

                                                          96     


                                                                 
imprisonment under this section, sections 2929.02 to 2929.06 of    4,237        

the Revised Code, section 2971.03 of the Revised Code, or any      4,238        

other provision of law, section 5120.163 of the Revised Code       4,239        

applies regarding the person while the person is confined in a                  

state correctional institution.                                    4,240        

      (I)  If an offender who is convicted of or pleads guilty to  4,242        

a felony that is an offense of violence also is convicted of or    4,244        

pleads guilty to a specification of the type described in section  4,245        

2941.142 of the Revised Code that charges the offender with        4,246        

having committed the felony while participating in a criminal      4,247        

gang, the court shall impose upon the offender an additional       4,249        

prison term of one, two, or three years.                                        

      (J)  If an offender who is convicted of or pleads guilty to  4,251        

aggravated murder, murder, or a felony of the first, second, or    4,252        

third degree that is an offense of violence also is convicted of   4,253        

or pleads guilty to a specification of the type described in       4,254        

section 2941.143 of the Revised Code that charges the offender     4,255        

with having committed the offense in a school safety zone or                    

towards a person in a school safety zone, the court shall impose   4,256        

upon the offender an additional prison term of two years.  The     4,257        

offender shall serve the additional two years consecutively to     4,258        

and prior to the prison term imposed for the underlying offense.   4,259        

      (K)  AT THE TIME OF SENTENCING, THE COURT SHALL DETERMINE    4,261        

IF AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK     4,262        

INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE OR IS     4,263        

ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER        4,264        

SECTION 5120.032 OF THE REVISED CODE.  THE COURT MAY RECOMMEND                  

THE OFFENDER FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION,    4,265        

IF ELIGIBLE, OR FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON, IF   4,266        

ELIGIBLE, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM OF     4,267        

SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, REGARDLESS  4,268        

OF ELIGIBILITY, OR MAKE NO RECOMMENDATION ON PLACEMENT OF THE      4,269        

OFFENDER.                                                                       

      IF THE COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A      4,271        

                                                          97     


                                                                 
PROGRAM OR PRISON OF THAT NATURE, THE DEPARTMENT OF                4,272        

REHABILITATION AND CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY  4,273        

PROGRAM OF SHOCK INCARCERATION OR INTENSIVE PROGRAM PRISON.        4,274        

      IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A         4,276        

PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON,  4,277        

THE DEPARTMENT SHALL NOTIFY THE COURT IF THE OFFENDER IS           4,278        

SUBSEQUENTLY PLACED IN THE RECOMMENDED PROGRAM OR PRISON AND       4,279        

SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF THE                        

PLACEMENT.                                                                      

      IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A         4,281        

PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON   4,282        

AND THE DEPARTMENT DOES NOT SUBSEQUENTLY PLACE THE OFFENDER IN     4,283        

THE RECOMMENDED PROGRAM OR PRISON, THE DEPARTMENT SHALL SEND A     4,284        

NOTICE TO THE COURT INDICATING WHY THE OFFENDER WAS NOT PLACED IN  4,285        

THE RECOMMENDED PROGRAM OR PRISON.                                              

      IF THE COURT DOES NOT MAKE A RECOMMENDATION UNDER THIS       4,287        

DIVISION WITH RESPECT TO AN ELIGIBLE OFFENDER, THE DEPARTMENT      4,288        

SHALL SCREEN THE OFFENDER AND DETERMINE IF THERE IS AN AVAILABLE   4,289        

PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR  4,290        

WHICH THE OFFENDER IS SUITED.  IF THERE IS AN AVAILABLE PROGRAM    4,291        

OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR WHICH    4,292        

THE OFFENDER IS SUITED, THE DEPARTMENT SHALL NOTIFY THE COURT OF                

THE PROPOSED PLACEMENT OF THE OFFENDER AND SHALL INCLUDE WITH THE  4,293        

NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT.  THE COURT SHALL      4,294        

HAVE TEN DAYS FROM RECEIPT OF THE NOTICE TO DISAPPROVE THE         4,295        

PLACEMENT.                                                                      

      Sec. 2929.15.  (A)(1)  If in sentencing an offender for a    4,305        

felony the court is not required to impose a prison term, a        4,306        

mandatory prison term, or a term of life imprisonment upon the     4,307        

offender, the court may directly impose a sentence community       4,308        

control that consists of one or more community control sanctions   4,309        

authorized pursuant to section 2929.16, 2929.17, or 2929.18 of     4,310        

the Revised Code.  If the court is sentencing an offender for a    4,311        

fourth degree felony OMVI offense and if it is required to impose  4,312        

                                                          98     


                                                                 
on the offender a mandatory term of local incarceration pursuant   4,313        

to division (G)(1) of section 2929.13 of the Revised Code, in      4,314        

addition to the mandatory term of local incarceration and the      4,315        

mandatory fine required by division (B)(3) of section 2929.18 of   4,317        

the Revised Code, the court may impose upon the offender a                      

community control sanction or combination of community control     4,318        

sanctions in accordance with sections 2929.16 and 2929.17 of the   4,319        

Revised Code.  The duration of all community control sanctions so  4,321        

imposed imposed upon an offender shall not exceed five years.  IF  4,323        

THE OFFENDER ABSCONDS OR OTHERWISE LEAVES THE JURISDICTION OF THE               

COURT IN WHICH THE OFFENDER RESIDES WITHOUT OBTAINING PERMISSION   4,324        

FROM THE COURT OR THE OFFENDER'S PROBATION OFFICER TO LEAVE THE    4,325        

JURISDICTION OF THE COURT, OR IF THE OFFENDER IS CONFINED IN ANY   4,326        

INSTITUTION FOR THE COMMISSION OF ANY OFFENSE WHILE UNDER A        4,327        

COMMUNITY CONTROL SANCTION, THE PERIOD OF THE COMMUNITY CONTROL                 

SANCTION CEASES TO RUN UNTIL THE OFFENDER IS BROUGHT BEFORE THE    4,328        

COURT FOR ITS FURTHER ACTION.  If the court sentences the          4,330        

offender to one or more nonresidential sanctions under section     4,331        

2929.17 of the Revised Code, the court shall comply with division  4,332        

(C)(1)(b) of section 2951.02 of the Revised Code and impose the    4,333        

mandatory AS A condition described in that division OF THE         4,335        

NONRESIDENTIAL SANCTIONS THAT, DURING THE PERIOD OF THE                         

SANCTIONS, THE OFFENDER MUST ABIDE BY THE LAW AND MUST NOT LEAVE   4,336        

THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S    4,337        

PROBATION OFFICER.  The court may impose any other conditions of   4,339        

release under a community control sanction that the court                       

considers appropriate.  If the court is sentencing an offender     4,341        

for a fourth degree felony OMVI offense and if it is required to   4,342        

impose on the offender a mandatory prison term pursuant to         4,343        

division (G)(2) of section 2929.13 of the Revised Code, the court  4,345        

shall not impose upon the offender any community control sanction               

or combination of community control sanctions under section        4,346        

2929.16 or 2929.17 of the Revised Code.                            4,347        

      (2)(a)  If a court sentences an offender to any community    4,349        

                                                          99     


                                                                 
control sanction or combination of community control sanctions     4,350        

authorized pursuant to section 2929.16, 2929.17, or 2929.18 of     4,351        

the Revised Code, the court shall place the offender under the     4,352        

general control and supervision of a department of probation in    4,353        

the county that serves the court for purposes of reporting to the  4,354        

court a violation of any CONDITION of the sanctions or the         4,355        

mandatory condition imposed under division (C)(1)(b) of section    4,357        

2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE  4,358        

OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE      4,359        

COURT OR THE OFFENDER'S PROBATION OFFICER.  Alternatively, if the  4,361        

offender resides in another county and a county department of                   

probation has been established in that county or that county is    4,363        

served by a multicounty probation department established under     4,364        

section 2301.27 of the Revised Code, the court may request the     4,365        

court of common pleas of that county to receive the offender into  4,366        

the general control and supervision of that county or multicounty  4,368        

department of probation for purposes of reporting to the court a   4,369        

violation of any CONDITION of the sanctions, or the mandatory      4,370        

condition imposed under division (C)(1)(b) of section 2951.02 of   4,371        

the Revised Code A VIOLATION OF LAW, OR THE DEPARTURE OF THE       4,372        

OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE COURT OR    4,373        

THE OFFENDER'S PROBATION OFFICER, subject to the jurisdiction of                

the trial judge over and with respect to the person of the         4,376        

offender, and to the rules governing that department of            4,377        

probation.                                                                      

      If there is no department of probation in the county that    4,380        

serves the court, the court shall place the offender, regardless   4,381        

of the offender's county of residence, under the general control   4,382        

and supervision of the adult parole authority for purposes of      4,383        

reporting to the court a violation of any of the sanctions or the  4,384        

mandatory condition imposed under division (C)(1)(b) of section    4,385        

2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE  4,386        

OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE      4,387        

COURT OR THE OFFENDER'S PROBATION OFFICER.                         4,388        

                                                          100    


                                                                 
      (b)  If the court imposing sentence upon an offender         4,390        

sentences the offender to any community control sanction or        4,391        

combination of community control sanctions authorized pursuant to  4,393        

section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if   4,394        

the offender violates any CONDITION of the sanctions or the        4,395        

mandatory condition imposed under division (C)(1)(b) of section    4,397        

2951.02 of the Revised Code, VIOLATES ANY LAW, OR DEPARTS THE      4,398        

STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S        4,399        

PROBATION OFFICER, the public or private person or entity that     4,401        

operates or administers the sanction or the program or activity    4,402        

that comprises the sanction shall report the violation OR          4,403        

DEPARTURE directly to the sentencing court, or shall report the    4,404        

violation OR DEPARTURE to the county or multicounty department of  4,405        

probation with general control and supervision over the offender   4,407        

under division (A)(2)(a) of this section or the officer of that    4,408        

department who supervises the offender, or, if there is no such    4,409        

department with general control and supervision over the offender  4,410        

under that division, to the adult parole authority.  If the        4,411        

public or private person or entity that operates or administers    4,412        

the sanction or the program or activity that comprises the         4,413        

sanction reports the violation OR DEPARTURE to the county or       4,414        

multicounty department of probation or the adult parole            4,416        

authority, the department's or authority's officers may treat the  4,417        

offender as if the offender were on probation and in violation of  4,418        

the probation, and shall report the violation of the CONDITION OF  4,419        

THE sanction or the mandatory condition imposed under division     4,420        

(C)(1)(b) of section 2951.02 of the Revised Code, THE VIOLATION    4,421        

OF LAW, OR THE DEPARTURE FROM THE STATE WITHOUT THE REQUIRED       4,422        

PERMISSION to the sentencing court.                                4,423        

      (B)  If the conditions of a community control sanction or    4,426        

the mandatory condition imposed under division (C)(1)(b) of                     

section 2951.02 of the Revised Code is ARE violated OR IF THE      4,427        

OFFENDER VIOLATES A LAW OR LEAVES THE STATE WITHOUT THE            4,428        

PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION OFFICER, the   4,429        

                                                          101    


                                                                 
sentencing court may impose a longer time under the same sanction  4,430        

if the total time under the sanctions does not exceed the          4,431        

five-year limit specified in division (A) of this section, may     4,432        

impose a more restrictive sanction under section 2929.16,          4,433        

2929.17, or 2929.18 of the Revised Code, or may impose a prison    4,434        

term on the offender pursuant to section 2929.14 of the Revised    4,435        

Code.  The court shall not eliminate the mandatory condition       4,436        

imposed under division (C)(1)(b) of section 2951.02 of the                      

Revised Code.  The prison term, if any, imposed upon a violator    4,438        

pursuant to this division shall be within the range of prison      4,439        

terms available for the offense for which the sanction that was    4,440        

violated was imposed and shall not exceed the prison term          4,441        

specified in the notice provided to the offender at the            4,442        

sentencing hearing pursuant to division (B)(3) of section 2929.19  4,443        

of the Revised Code.  The court may reduce the longer period of    4,444        

time that the offender is required to spend under the longer       4,445        

sanction, the more restrictive sanction, or a prison term imposed  4,446        

pursuant to this division by the time the offender successfully    4,447        

spent under the sanction that was initially imposed.               4,448        

      (C)  If an offender, for a significant period of time,       4,451        

fulfills the conditions of a sanction imposed pursuant to section  4,452        

2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary   4,453        

manner, the court may reduce the period of time under the          4,454        

sanction or impose a less restrictive sanction, but the court      4,455        

shall not eliminate the mandatory condition imposed under          4,456        

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    4,457        

THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S    4,458        

PROBATION OFFICER.                                                              

      Sec. 2929.17.  The court imposing a sentence for a felony    4,468        

upon an offender who is not required to serve a mandatory prison   4,469        

term may impose any nonresidential sanction or combination of      4,470        

nonresidential sanctions authorized under this section.  If the    4,471        

court imposes one or more nonresidential sanctions authorized                   

                                                          102    


                                                                 
under this section, the court shall comply with division           4,472        

(C)(1)(b) of section 2951.02 of the Revised Code and impose the    4,473        

mandatory AS A condition described in that division.  The OF THE   4,475        

SANCTION THAT, DURING THE PERIOD OF THE NONRESIDENTIAL SANCTION,   4,476        

THE OFFENDER SHALL ABIDE BY THE LAW AND SHALL NOT LEAVE THE STATE  4,477        

WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION    4,478        

OFFICER.                                                                        

      THE court imposing a sentence for a fourth degree felony     4,480        

OMVI offense upon an offender who is required to serve a           4,482        

mandatory term of local incarceration under division (G)(1) of     4,483        

section 2929.13 of the Revised Code may impose upon the offender,               

in addition to the mandatory term of local incarceration, a        4,484        

nonresidential sanction or combination of nonresidential           4,485        

sanctions under this section, and the offender shall serve or      4,486        

satisfy the sanction or combination of sanctions after the         4,487        

offender has served the mandatory term of local incarceration                   

required for the offense.  Nonresidential sanctions include, but   4,488        

are not limited to, the following:                                 4,489        

      (A)  A term of day reporting;                                4,491        

      (B)  A term of electronically monitored house arrest, a      4,493        

term of electronic monitoring without house arrest, or a term of   4,494        

house arrest without electronic monitoring;                        4,495        

      (C)  A term of community service of up to five hundred       4,497        

hours pursuant to division (F) of section 2951.02 of the Revised   4,499        

Code or, if the court determines that the offender is financially  4,500        

incapable of fulfilling a financial sanction described in section  4,501        

2929.18 of the Revised Code, a term of community service as an     4,502        

alternative to a financial sanction;                               4,503        

      (D)  A term in a drug treatment program with a level of      4,505        

security for the offender as determined necessary by the court;    4,506        

      (E)  A term of intensive supervision;                        4,508        

      (F)  A term of basic supervision;                            4,510        

      (G)  A term of monitored time;                               4,512        

      (H)  A term of drug and alcohol use monitoring;              4,514        

                                                          103    


                                                                 
      (I)  A curfew term;                                          4,516        

      (J)  A requirement that the offender obtain employment;      4,518        

      (K)  A requirement that the offender obtain education or     4,521        

training;                                                                       

      (L)  Provided the court obtains the prior approval of the    4,523        

victim, a requirement that the offender participate in             4,524        

victim-offender mediation;                                         4,525        

      (M)  A license violation report.                             4,527        

      Sec. 2929.18.  (A)  Except as otherwise provided in this     4,536        

division and in addition to imposing court costs pursuant to       4,537        

section 2947.23 of the Revised Code, the court imposing a          4,538        

sentence upon an offender for a felony may sentence the offender   4,539        

to any financial sanction or combination of financial sanctions    4,541        

authorized under this section or, in the circumstances specified                

in section 2929.25 of the Revised Code, may impose upon the        4,542        

offender a fine in accordance with that section.  If the offender  4,543        

is sentenced to a sanction of confinement pursuant to section      4,544        

2929.14 or 2929.16 of the Revised Code that is to be served in a   4,545        

facility operated by a board of county commissioners, a            4,546        

legislative authority of a municipal corporation, or another       4,547        

governmental entity, the court imposing sentence upon an offender  4,548        

for a felony shall comply with division (A)(4)(b) of this section  4,549        

in determining whether to sentence the offender to a financial     4,550        

sanction described in division (A)(4)(a) of this section.          4,551        

Financial sanctions that may be imposed pursuant to this section   4,552        

include, but are not limited to, the following:                    4,553        

      (1)  Restitution by the offender to the victim of the        4,555        

offender's crime or any survivor of the victim, in an amount       4,556        

based on the victim's economic loss.  The court shall order that   4,557        

the restitution be made to the adult probation department that     4,558        

serves the county on behalf of the victim, to the clerk of         4,559        

courts, or to another agency designated by the court, except that  4,560        

it may include a requirement that reimbursement be made to third   4,561        

parties for amounts paid to or on behalf of the victim or any      4,562        

                                                          104    


                                                                 
survivor of the victim for economic loss resulting from the        4,563        

offense.  If reimbursement to third parties is required, the       4,564        

reimbursement shall be made to any governmental agency to repay    4,565        

any amounts paid by the agency to or on behalf of the victim or    4,566        

any survivor of the victim for economic loss resulting from the    4,567        

offense before any reimbursement is made to any person other than  4,568        

a governmental agency.  If no governmental agency incurred         4,569        

expenses for economic loss of the victim or any survivor of the    4,570        

victim resulting from the offense, the reimbursement shall be      4,571        

made to any person other than a governmental agency to repay       4,572        

amounts paid by that person to or on behalf of the victim or any   4,573        

survivor of the victim for economic loss of the victim resulting   4,575        

from the offense.  The court shall not require an offender to      4,576        

repay an insurance company for any amounts the company paid on     4,577        

behalf of the offender pursuant to a policy of insurance.  At      4,578        

sentencing, the court shall determine the amount of restitution    4,580        

to be made by the offender.  All restitution payments shall be     4,581        

credited against any recovery of economic loss in a civil action   4,582        

brought by the victim or any survivor of the victim against the    4,583        

offender.                                                                       

      (2)  Except as provided in division (B)(1), (3), or (4) of   4,585        

this section, a fine payable by the offender to the state, to a    4,586        

political subdivision, or as described in division (B)(2) of this  4,588        

section to one or more law enforcement agencies, with the amount   4,589        

of the fine based on a standard percentage of the offender's       4,590        

daily income over a period of time determined by the court and     4,591        

based upon the seriousness of the offense.  A fine ordered under   4,592        

this division shall not exceed the statutory fine amount           4,593        

authorized for the level of the offense under division (A)(3) of   4,594        

this section.                                                                   

      (3)  Except as provided in division (B)(1), (3), or (4) of   4,596        

this section, a fine payable by the offender to the state, to a    4,597        

political subdivision when appropriate for a felony, or as         4,598        

described in division (B)(2) of this section to one or more law    4,600        

                                                          105    


                                                                 
enforcement agencies, in the following amount:                                  

      (a)  For a felony of the first degree, not more than twenty  4,603        

thousand dollars;                                                               

      (b)  For a felony of the second degree, not more than        4,606        

fifteen thousand dollars;                                                       

      (c)  For a felony of the third degree, not more than ten     4,609        

thousand dollars;                                                               

      (d)  For a felony of the fourth degree, not more than five   4,612        

thousand dollars;                                                               

      (e)  For a felony of the fifth degree, not more than two     4,615        

thousand five hundred dollars.                                                  

      (4)(a)  Subject to division (A)(4)(b) of this section,       4,618        

reimbursement by the offender of any or all of the costs of        4,620        

sanctions incurred by the government, including the following:     4,621        

      (i)  All or part of the costs of implementing any community  4,624        

control sanction;                                                               

      (ii)  All or part of the costs of confinement under a        4,627        

sanction imposed pursuant to section 2929.14 or 2929.16 of the     4,628        

Revised Code, provided that the amount of reimbursement ordered    4,629        

under this division shall not exceed ten thousand dollars or the   4,631        

total amount of reimbursement the offender is able to pay as       4,632        

determined at a hearing, whichever amount is greater AND SHALL     4,633        

NOT EXCEED THE ACTUAL COST OF THE CONFINEMENT;                                  

      (b)  If the offender is sentenced to a sanction of           4,635        

confinement pursuant to section 2929.14 or 2929.16 of the Revised  4,636        

Code that is to be served in a facility operated by a board of     4,638        

county commissioners, a legislative authority of a municipal       4,639        

corporation, or another local governmental entity, one of the                   

following applies:                                                 4,640        

      (i)  If, pursuant to section 307.93, 341.14, 341.19,         4,642        

341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the         4,643        

Revised Code, the board, legislative authority, or other local     4,644        

governmental entity requires prisoners convicted of an offense     4,645        

other than a minor misdemeanor to reimburse the county, municipal  4,646        

                                                          106    


                                                                 
corporation, or other entity for its expenses incurred by reason   4,647        

of the prisoner's confinement, the court shall impose a financial               

sanction under division (A)(4)(a) of this section that requires    4,648        

the offender to reimburse the county, municipal corporation, or    4,649        

other local governmental entity for the cost of the confinement.   4,650        

In addition, the court may impose any other financial sanction     4,651        

under this section.                                                             

      (ii)  If, pursuant to any section identified in division     4,653        

(A)(4)(b)(i) of this section, the board, legislative authority,    4,655        

or other local governmental entity has adopted a resolution or     4,657        

ordinance specifying that prisoners convicted of felonies are not  4,658        

required to reimburse the county, municipal corporation, or other               

local governmental entity for its expenses incurred by reason of   4,660        

the prisoner's confinement, the court shall not impose a           4,661        

financial sanction under division (A)(4)(a) of this section that   4,662        

requires the offender to reimburse the county, municipal                        

corporation, or other local governmental entity for the cost of    4,663        

the confinement, but the court may impose any other financial      4,665        

sanction under this section.                                                    

      (iii)  If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii)    4,667        

of this section applies, the court may impose, but is not          4,668        

required to impose, any financial sanction under this section.     4,669        

      (c)  Reimbursement by the offender for costs pursuant to     4,672        

section 2929.28 of the Revised Code.                                            

      (B)(1)  For a first, second, or third degree felony          4,675        

violation of any provision of Chapter 2925., 3719., or 4729. of    4,676        

the Revised Code, the sentencing court shall impose upon the       4,677        

offender a mandatory fine of at least one-half of, but not more    4,678        

than, the maximum statutory fine amount authorized for the level   4,679        

of the offense pursuant to division (A)(3) of this section.  If    4,680        

an offender alleges in an affidavit filed with the court prior to  4,682        

sentencing that the offender is indigent and unable to pay the                  

mandatory fine and if the court determines the offender is an      4,683        

indigent person and is unable to pay the mandatory fine described  4,684        

                                                          107    


                                                                 
in this division, the court shall not impose the mandatory fine    4,685        

upon the offender.                                                              

      (2)  Any mandatory fine imposed upon an offender under       4,687        

division (B)(1) of this section and any fine imposed upon an       4,689        

offender under division (A)(2) or (3) of this section for any      4,690        

fourth or fifth degree felony violation of any provision of        4,691        

Chapter 2925., 3719., or 4729. of the Revised Code shall be paid   4,692        

to law enforcement agencies pursuant to division (F) of section    4,693        

2925.03 of the Revised Code.                                       4,694        

      (3)  For a fourth degree felony OMVI offense, the            4,698        

sentencing court shall impose upon the offender a mandatory fine                

in the amount specified in division (A)(4) of section 4511.99 of   4,700        

the Revised Code.  The mandatory fine so imposed shall be          4,701        

disbursed as provided in division (A)(4) of section 4511.99 of     4,703        

the Revised Code.                                                  4,704        

      (4)  Notwithstanding any fine otherwise authorized or        4,707        

required to be imposed under division (A)(2) or (3) or (B)(1) of   4,708        

this section or section 2929.31 of the Revised Code for a          4,709        

violation of section 2925.03 or 2925.07 of the Revised Code, in    4,710        

addition to any penalty or sanction imposed for that offense       4,711        

under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18    4,712        

of the Revised Code and in addition to the forfeiture of property  4,714        

in connection with the offense as prescribed in sections 2925.42   4,715        

to 2925.45 of the Revised Code, the court that sentences an        4,717        

offender for a violation of section 2925.03 or 2925.07 of the      4,718        

Revised Code may impose upon the offender a fine in addition to    4,719        

any fine imposed under division (A)(2) or (3) of this section and  4,721        

in addition to any mandatory fine imposed under division (B)(1)    4,722        

of this section.  The fine imposed under division (B)(4) of this   4,723        

section shall be used as provided in division (H) of section       4,724        

2925.03 of the Revised Code.  A fine imposed under division        4,725        

(B)(4) of this section shall not exceed whichever of the           4,726        

following is applicable:                                                        

      (a)  The total value of any personal or real property in     4,729        

                                                          108    


                                                                 
which the offender has an interest and that was used in the        4,730        

course of, intended for use in the course of, derived from, or     4,731        

realized through conduct in violation of section 2925.03 or        4,732        

2925.07 of the Revised Code, including any property that           4,733        

constitutes proceeds derived from that offense;                                 

      (b)  If the offender has no interest in any property of the  4,736        

type described in division (B)(4)(a) of this section or if it is   4,737        

not possible to ascertain whether the offender has an interest in  4,739        

any property of that type in which the offender may have an        4,740        

interest, the amount of the mandatory fine for the offense         4,741        

imposed under division (B)(1) of this section or, if no mandatory  4,742        

fine is imposed under division (B)(1) of this section, the amount  4,743        

of the fine authorized for the level of the offense imposed under  4,745        

division (A)(3) of this section.                                                

      (5)  Prior to imposing a fine under division (B)(4) of this  4,748        

section, the court shall determine whether the offender has an     4,749        

interest in any property of the type described in division         4,750        

(B)(4)(a) of this section.  Except as provided in division (B)(6)  4,752        

or (7) of this section, a fine that is authorized and imposed      4,753        

under division (B)(4) of this section does not limit or affect     4,755        

the imposition of the penalties and sanctions for a violation of   4,756        

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  4,759        

and does not limit or affect a forfeiture of property in           4,760        

connection with the offense as prescribed in sections 2925.42 to   4,761        

2925.45 of the Revised Code.                                       4,762        

      (6)  If the sum total of a mandatory fine amount imposed     4,764        

for a first, second, or third degree felony violation of section   4,765        

2925.03 or a third degree felony violation of section 2925.07 of   4,767        

the Revised Code under division (B)(1) of this section plus the    4,768        

amount of any fine imposed under division (B)(4) of this section   4,770        

does not exceed the maximum statutory fine amount authorized for   4,771        

the level of the offense under division (A)(3) of this section or  4,772        

section 2929.31 of the Revised Code, the court may impose a fine   4,774        

                                                          109    


                                                                 
for the offense in addition to the mandatory fine and the fine     4,775        

imposed under division (B)(4) of this section.  The sum total of   4,776        

the amounts of the mandatory fine, the fine imposed under          4,777        

division (B)(4) of this section, and the additional fine imposed   4,778        

under division (B)(6) of this section shall not exceed the         4,780        

maximum statutory fine amount authorized for the level of the      4,781        

offense under division (A)(3) of this section or section 2929.31   4,782        

of the Revised Code.  The clerk of the court shall pay any fine    4,783        

that is imposed under division (B)(6) of this section to the       4,784        

county, township, municipal corporation, park district as created  4,786        

pursuant to section 511.18 or 1545.04 of the Revised Code, or      4,787        

state law enforcement agencies in this state that primarily were   4,788        

responsible for or involved in making the arrest of, and in        4,789        

prosecuting, the offender pursuant to division (F) of section      4,790        

2925.03 of the Revised Code.                                       4,791        

      (7)  If the sum total of the amount of a mandatory fine      4,793        

imposed for a first, second, or third degree felony violation of   4,794        

section 2925.03 or a third degree felony violation of section      4,795        

2925.07 of the Revised Code plus the amount of any fine imposed    4,797        

under division (B)(4) of this section exceeds the maximum          4,798        

statutory fine amount authorized for the level of the offense      4,799        

under division (A)(3) of this section or section 2929.31 of the    4,800        

Revised Code, the court shall not impose a fine under division     4,801        

(B)(6) of this section.                                                         

      (C)(1)  The offender shall pay reimbursements imposed upon   4,804        

the offender pursuant to division (A)(4)(a) of this section to     4,806        

pay the costs incurred by the department of rehabilitation and                  

correction in operating a prison or other facility used to         4,808        

confine offenders pursuant to sanctions imposed under section      4,809        

2929.14 or 2929.16 of the Revised Code to the treasurer of state.  4,810        

The treasurer of state shall deposit the reimbursements in the     4,811        

confinement cost reimbursement fund that is hereby created in the  4,812        

state treasury.  The department of rehabilitation and correction   4,813        

shall use the amounts deposited in the fund to fund the operation  4,814        

                                                          110    


                                                                 
of facilities used to confine offenders pursuant to sections       4,815        

2929.14 and 2929.16 of the Revised Code.                           4,816        

      (2)  Except as provided in section 2951.021 of the Revised   4,818        

Code, the offender shall pay reimbursements imposed upon the       4,819        

offender pursuant to division (A)(4)(a) of this section to pay     4,821        

the costs incurred by a county pursuant to any sanction imposed    4,822        

under this section or section 2929.16 or 2929.17 of the Revised    4,823        

Code or in operating a facility used to confine offenders          4,824        

pursuant to a sanction imposed under section 2929.16 of the        4,825        

Revised Code to the county treasurer.  The county treasurer shall  4,826        

deposit the reimbursements in the sanction cost reimbursement      4,827        

fund that each board of county commissioners shall create in its   4,828        

county treasury.  The county shall use the amounts deposited in    4,829        

the fund to pay the costs incurred by the county pursuant to any   4,830        

sanction imposed under this section or section 2929.16 or 2929.17  4,831        

of the Revised Code or in operating a facility used to confine     4,833        

offenders pursuant to a sanction imposed under section 2929.16 of  4,834        

the Revised Code.                                                               

      (3)  Except as provided in section 2951.021 of the Revised   4,836        

Code, the offender shall pay reimbursements imposed upon the       4,837        

offender pursuant to division (A)(4)(a) of this section to pay     4,839        

the costs incurred by a municipal corporation pursuant to any      4,840        

sanction imposed under this section or section 2929.16 or 2929.17  4,841        

of the Revised Code or in operating a facility used to confine     4,842        

offenders pursuant to a sanction imposed under section 2929.16 of  4,843        

the Revised Code to the treasurer of the municipal corporation.    4,845        

The treasurer shall deposit the reimbursements in a special fund   4,846        

that shall be established in the treasury of each municipal        4,847        

corporation.  The municipal corporation shall use the amounts      4,848        

deposited in the fund to pay the costs incurred by the municipal   4,849        

corporation pursuant to any sanction imposed under this section    4,850        

or section 2929.16 or 2929.17 of the Revised Code or in operating  4,851        

a facility used to confine offenders pursuant to a sanction        4,852        

imposed under section 2929.16 of the Revised Code.                 4,853        

                                                          111    


                                                                 
      (4)  Except as provided in section 2951.021 of the Revised   4,855        

Code, the offender shall pay reimbursements imposed pursuant to    4,856        

division (A)(4)(a) of this section for the costs incurred by a     4,857        

private provider pursuant to a sanction imposed under this         4,858        

section or section 2929.16 or 2929.17 of the Revised Code to the   4,859        

provider.                                                                       

      (D)  A financial sanction imposed pursuant to division (A)   4,861        

or (B) of this section is a judgment in favor of the state or a    4,862        

political subdivision in which the court that imposed the          4,863        

financial sanction is located, and the offender subject to the     4,864        

sanction is the judgment debtor, except that a financial sanction  4,865        

of reimbursement imposed pursuant to division (A)(4)(a)(ii) of     4,867        

this section upon an offender who is incarcerated in a state       4,868        

facility or a municipal jail is a judgment in favor of the state   4,869        

or the municipal corporation, a financial sanction of              4,870        

reimbursement imposed upon an offender pursuant to this section    4,871        

for costs incurred by a private provider of sanctions is a         4,872        

judgment in favor of the private provider, and a financial         4,873        

sanction of restitution imposed pursuant to this section is a      4,874        

judgment in favor of the victim of the offender's criminal act.    4,875        

THE OFFENDER SUBJECT TO THE SANCTION IS THE JUDGMENT DEBTOR.       4,876        

IMPOSITION OF A FINANCIAL SANCTION AND EXECUTION ON THE JUDGMENT   4,877        

DOES NOT PRECLUDE ANY OTHER POWER OF THE COURT TO IMPOSE OR                     

ENFORCE SANCTIONS ON THE OFFENDER.  Once the financial sanction    4,878        

is imposed as a judgment, the victim, private provider, state, or  4,879        

political subdivision may bring an action to do any of the         4,880        

following:                                                                      

      (1)  Obtain execution of the judgment through any available  4,883        

procedure, including:                                                           

      (a)  An execution against the property of the judgment       4,886        

debtor under Chapter 2329. of the Revised Code;                    4,887        

      (b)  An execution against the person of the judgment debtor  4,890        

under Chapter 2331. of the Revised Code;                           4,891        

      (c)  A proceeding in aid of execution under Chapter 2333.    4,894        

                                                          112    


                                                                 
of the Revised Code, including:                                    4,895        

      (i)  A proceeding for the examination of the judgment        4,898        

debtor under sections 2333.09 to 2333.12 and sections 2333.15 to   4,899        

2333.27 of the Revised Code;                                                    

      (ii)  A proceeding for attachment of the person of the       4,902        

judgment debtor under section 2333.28 of the Revised Code;         4,903        

      (iii)  A creditor's suit under section 2333.01 of the        4,906        

Revised Code.                                                                   

      (d)  The attachment of the property of the judgment debtor   4,909        

under Chapter 2715. of the Revised Code;                           4,910        

      (e)  The garnishment of the property of the judgment debtor  4,913        

under Chapter 2716. of the Revised Code.                                        

      (2)  Obtain an order for the assignment of wages of the      4,915        

judgment debtor under section 1321.33 of the Revised Code.         4,917        

      (E)  A court that imposes a financial sanction upon an       4,919        

offender may hold a hearing if necessary to determine whether the  4,920        

offender is able to pay the sanction or is likely in the future    4,921        

to be able to pay it.                                                           

      (F)  Each court imposing a financial sanction upon an        4,924        

offender under this section or under section 2929.25 of the                     

Revised Code may designate a court employee to collect, or may     4,926        

enter into contracts with one or more public agencies or private   4,927        

vendors for the collection of, amounts due under the financial     4,928        

sanction imposed pursuant to this section or section 2929.25 of    4,929        

the Revised Code.  Before entering into a contract for the         4,930        

collection of amounts due from an offender pursuant to any         4,931        

financial sanction imposed pursuant to this section or section     4,932        

2929.25 of the Revised Code, a court shall comply with sections    4,933        

307.86 to 307.92 of the Revised Code.                              4,934        

      (G)  If a court that imposes a financial sanction under      4,937        

division (A) or (B) of this section finds that an offender         4,938        

satisfactorily has completed all other sanctions imposed upon the  4,939        

offender and that all restitution that has been ordered has been   4,940        

paid as ordered, the court may suspend any financial sanctions     4,941        

                                                          113    


                                                                 
imposed pursuant to this section or section 2929.25 of the         4,942        

Revised Code that have not been paid.                              4,943        

      (H)  No financial sanction imposed under this section or     4,946        

section 2929.25 of the Revised Code shall preclude a victim from                

bringing a civil action against the offender.                      4,947        

      Sec. 2929.19.  (A)(1)  The court shall hold a sentencing     4,959        

hearing before imposing a sentence under this chapter upon an      4,961        

offender who was convicted of or pleaded guilty to a felony and    4,962        

before resentencing an offender who was convicted of or pleaded    4,963        

guilty to a felony and whose case was remanded pursuant to         4,964        

section 2953.07 or 2953.08 of the Revised Code.  At the hearing,   4,965        

the offender, the prosecuting attorney, the victim or the          4,966        

victim's representative in accordance with section 2930.14 of the  4,967        

Revised Code, and, with the approval of the court, any other       4,968        

person may present information relevant to the imposition of       4,969        

sentence in the case.  The court shall inform the offender of the  4,970        

verdict of the jury or finding of the court and ask the offender   4,971        

whether the offender has anything to say as to why sentence        4,972        

should not be imposed upon the offender.                                        

      (2)  Except as otherwise provided in this division, before   4,974        

imposing sentence on an offender who is being sentenced for a      4,976        

sexually oriented offense that was committed on or after the       4,977        

effective date of this amendment JANUARY 1, 1997, and that is not  4,979        

a sexually violent offense, and before imposing sentence on an     4,980        

offender who is being sentenced for a sexually violent offense     4,981        

committed on or after the effective date of this amendment         4,982        

JANUARY 1, 1997, and who was not charged with a sexually violent   4,983        

predator specification in the indictment, count in the             4,984        

indictment, or information charging the sexually violent offense,  4,985        

the court shall conduct a hearing in accordance with division (B)  4,986        

of section 2950.09 of the Revised Code to determine whether the    4,988        

offender is a sexual predator.  The court shall not conduct a      4,989        

hearing under that division if the offender is being sentenced                  

for a sexually violent offense and a sexually violent predator     4,990        

                                                          114    


                                                                 
specification was included in the indictment, count in the         4,992        

indictment, or information charging the sexually violent offense.  4,993        

Before imposing sentence on an offender who is being sentenced     4,994        

for a sexually oriented offense, the court also shall comply with  4,995        

division (E) of section 2950.09 of the Revised Code.               4,996        

      (B)(1)  At the sentencing hearing, the court, before         4,999        

imposing sentence, shall consider the record, any information      5,000        

presented at the hearing by any person pursuant to division (A)    5,001        

of this section, and, if one was prepared, the presentence         5,002        

investigation report made pursuant to section 2951.03 of the       5,003        

Revised Code or Criminal Rule 32.2, and any victim impact          5,004        

statement made pursuant to section 2947.051 of the Revised Code.   5,006        

      (2)  The court shall impose a sentence and shall make a      5,008        

finding that gives its reasons for selecting the sentence imposed  5,010        

in any of the following circumstances:                                          

      (a)  Unless the offense is a sexually violent offense for    5,012        

which the court is required to impose sentence pursuant to         5,013        

division (G) of section 2929.14 of the Revised Code, if it         5,014        

imposes a prison term for a felony of the fourth or fifth degree   5,015        

or for a felony drug offense that is a violation of a provision    5,016        

of Chapter 2925. of the Revised Code and that is specified as      5,017        

being subject to division (B) of section 2929.13 of the Revised    5,019        

Code for purposes of sentencing and, if the term is not a          5,020        

mandatory prison term imposed pursuant to division (G)(2) of       5,021        

section 2929.13 of the Revised Code for a felony OMVI offense,     5,022        

its reasons for imposing the prison term, based upon the           5,023        

overriding purposes and principles of felony sentencing set forth  5,024        

in section 2929.11 of the Revised Code, and any factors listed in  5,025        

divisions (B)(1)(a) to (h)(i) of section 2929.13 of the Revised    5,026        

Code that it found to apply relative to the offender.              5,027        

      (b)  If it does not impose a prison term for a felony of     5,030        

the first or second degree or for a felony drug offense that is a  5,031        

violation of a provision of Chapter 2925. of the Revised Code and  5,033        

for which a presumption in favor of a prison term is specified as  5,034        

                                                          115    


                                                                 
being applicable, its reasons for not imposing the prison term     5,035        

and for overriding the presumption, based upon the overriding      5,036        

purposes and principles of felony sentencing set forth in section  5,037        

2929.11 of the Revised Code, and the basis of the findings it      5,038        

made under divisions (D)(1) and (2) of section 2929.13 of the      5,040        

Revised Code.                                                                   

      (c)  If it imposes consecutive sentences under section       5,043        

2929.14 of the Revised Code, its reasons for imposing the          5,044        

consecutive sentences;                                                          

      (d)  If the sentence is for one offense and it imposes a     5,046        

prison term for the offense that is the maximum prison term        5,047        

allowed for that offense by division (A) of section 2929.14 of     5,048        

the Revised Code, its reasons for imposing the maximum prison      5,049        

term;                                                                           

      (e)  If the sentence is for two or more offenses arising     5,051        

out of a single incident and it imposes a prison term for those    5,052        

offenses that is the maximum prison term allowed for the offense   5,053        

of the highest degree by division (A) of section 2929.14 of the    5,054        

Revised Code, its reasons for imposing the maximum prison term.    5,055        

      (3)  Subject to division (B)(4) of this section, if the      5,058        

sentencing court determines at the sentencing hearing that a       5,059        

prison term is necessary or required, the court shall do all of    5,060        

the following:                                                                  

      (a)  Impose a stated prison term;                            5,062        

      (b)  Notify the offender that, AS PART OF THE SENTENCE, the  5,065        

parole board may extend the stated prison term if the offender     5,066        

commits any criminal offense under the laws of this state or the   5,067        

United States while serving the prison term, that the extension    5,068        

will be done administratively as part of the offender's sentence   5,069        

in accordance with section 2967.11 of the Revised Code and may be  5,070        

for thirty, sixty, or ninety days for each violation, that all     5,071        

extensions of any stated prison term for all violations during     5,072        

the course of the term may not exceed FOR CERTAIN VIOLATIONS OF    5,073        

PRISON RULES FOR UP TO one-half of the term's duration, and that   5,074        

                                                          116    


                                                                 
the sentence so imposed automatically includes any extension of    5,075        

the stated prison term by the parole board;                        5,077        

      (c)  Subject to division (B)(4) of this section, NOTIFY THE  5,080        

OFFENDER THAT THE OFFENDER WILL BE SUPERVISED UNDER SECTION        5,081        

2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if                 

the offender is being sentenced for a felony of the first degree,  5,084        

for a felony of the OR second degree, for a felony sex offense,    5,086        

as defined in section 2967.28 of the Revised Code, or for a        5,087        

felony of the third degree that is not a felony sex offense and    5,089        

in the commission of which the offender caused or threatened to    5,091        

cause physical harm to a person, notify the offender that a        5,093        

period of post-release control pursuant to section 2967.28 of the  5,094        

Revised Code will be imposed following the offender's release      5,095        

from prison;                                                                    

      (d)  Subject to division (B)(4) of this section, NOTIFY THE  5,098        

OFFENDER THAT THE OFFENDER MAY BE SUPERVISED UNDER SECTION         5,099        

2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if                 

the offender is being sentenced for a felony of the third,         5,101        

fourth, or fifth degree that is not subject to division (B)(3)(c)  5,102        

of this section, notify the offender that a period of                           

post-release control pursuant to section 2967.28 of the Revised    5,103        

Code may be imposed following the offender's release from prison;  5,104        

      (e)  Notify the offender that, if a period of post-release   5,107        

control SUPERVISION is imposed following the offender's release    5,109        

from prison, as described in division (B)(3)(c) or (d) of this     5,110        

section, and if the offender violates a post-release control       5,111        

sanction imposed as a component of the post-release control        5,112        

including the mandatory condition described in division (A) of     5,113        

section 2967.121 of the Revised Code, all of the following apply:  5,114        

      (i)  The adult parole authority or the parole board may      5,117        

impose a more restrictive post-release control sanction.           5,118        

      (ii)  The parole board may increase the duration of the      5,121        

post-release control subject to a specified maximum.               5,122        

      (iii)  The more restrictive sanction that SUPERVISION, the   5,125        

                                                          117    


                                                                 
parole board may impose may consist of a prison term, provided     5,127        

that the prison term cannot exceed nine months and the maximum     5,128        

cumulative prison term so imposed for all violations during the    5,129        

period of post-release control cannot exceed AS PART OF THE        5,130        

SENTENCE, OF UP TO one-half of the stated prison term originally   5,131        

imposed upon the offender.                                         5,132        

      (iv)  If the violation of the sanction is a felony, the      5,135        

offender may be prosecuted for the felony and, in addition to any  5,136        

sentence it imposes on the offender for the new felony, the court  5,137        

may impose a prison term, subject to a specified maximum, for the  5,138        

violation.                                                                      

      (4)  If the offender is being sentenced for a sexually       5,140        

violent offense that the offender committed on or after the        5,141        

effective date of this amendment JANUARY 1, 1997, and the          5,143        

offender also is convicted of or pleads guilty to a sexually                    

violent predator specification that was included in the            5,144        

indictment, count in the indictment, or information charging the   5,145        

sexually violent offense or if the offender is being sentenced     5,146        

for a sexually oriented offense that the offender committed on or  5,147        

after the effective date of this section JANUARY 1, 1997, and the  5,148        

court imposing the sentence has determined pursuant to division    5,149        

(B) of section 2950.09 of the Revised Code that the offender is a  5,151        

sexual predator, the court shall include in the offender's         5,152        

sentence a statement that the offender has been adjudicated as     5,153        

being a sexual predator and shall comply with the requirements of  5,154        

section 2950.03 of the Revised Code.  Additionally, in the         5,155        

circumstances described in division (G) of section 2929.14 of the  5,156        

Revised Code, the court shall impose sentence on the offender as   5,157        

described in that division.                                                     

      (5)  If the sentencing court determines at the sentencing    5,160        

hearing that a community control sanction should be imposed and    5,161        

the court is not prohibited from imposing a community control                   

sanction, the court shall impose a community control sanction.     5,162        

The court shall notify the offender that, if the conditions of     5,163        

                                                          118    


                                                                 
the sanction are violated or the condition imposed under division  5,164        

(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is   5,165        

violated, IF THE OFFENDER COMMITS A VIOLATION OF ANY LAW, OR IF    5,166        

THE OFFENDER LEAVES THIS STATE WITHOUT THE PERMISSION OF THE       5,167        

COURT OR THE OFFENDER'S PROBATION OFFICER, the court may impose a  5,170        

longer time under the same sanction, may impose a more             5,171        

restrictive sanction, or may impose a prison term on the offender  5,172        

and shall indicate the specific prison term that may be imposed    5,173        

as a sanction for the violation, as selected by the court from     5,174        

the range of prison terms for the offense pursuant to section      5,175        

2929.14 of the Revised Code.                                       5,176        

      (6)  Before imposing a financial sanction under section      5,178        

2929.18 of the Revised Code or a fine under section 2929.25 of     5,179        

the Revised Code, the court shall consider the offender's present  5,180        

and future ability to pay the amount of the sanction or fine.      5,181        

      (C)(1)  If the offender is being sentenced for a fourth      5,183        

degree felony OMVI offense and if the court is required by         5,184        

division (G)(1) of section 2929.13 of the Revised Code to impose   5,185        

as a sanction a mandatory term of local incarceration, the court   5,186        

shall impose the mandatory term of local incarceration in          5,187        

accordance with that division, shall impose a mandatory fine in    5,188        

accordance with division (B)(3) of section 2929.18 of the Revised               

Code, and, in addition, may impose additional sanctions as         5,189        

specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of    5,190        

the Revised Code.  The court shall not impose a prison term on     5,191        

the offender.                                                                   

      (2)  If the offender is being sentenced for a fourth degree  5,193        

felony OMVI offense and if the court is required by division       5,194        

(G)(2) of section 2929.13 of the Revised Code to impose as a       5,195        

sanction a mandatory prison term, the court shall impose the       5,196        

mandatory prison term in accordance with that division, shall      5,197        

impose a mandatory fine in accordance with division (B)(3) of                   

section 2929.18 of the Revised Code, and, in addition, may impose  5,198        

an additional prison term as specified in section 2929.14 of the   5,199        

                                                          119    


                                                                 
Revised Code.  The court shall not impose any community control    5,200        

sanction on the offender.                                                       

      (D)  IF THE SENTENCING COURT DETERMINES AT THE SENTENCING    5,202        

HEARING THAT AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM    5,203        

OF SHOCK INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE  5,204        

OR IN AN INTENSIVE PROGRAM PRISON UNDER SECTION 5120.032 OF THE    5,205        

REVISED CODE, THE COURT, PURSUANT TO DIVISION (K) OF SECTION       5,206        

2929.14 OF THE REVISED CODE, MAY RECOMMEND PLACEMENT OF THE                     

OFFENDER IN A PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE       5,207        

PROGRAM PRISON, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM  5,208        

OR PRISON OF THAT NATURE, OR MAKE NO RECOMMENDATION.  THE COURT    5,209        

SHALL MAKE A FINDING THAT GIVES ITS REASONS FOR ITS                             

RECOMMENDATION OR DISAPPROVAL.                                     5,210        

      Sec. 2929.20.  (A)(1)  As used in this section, "eligible    5,220        

offender" means any PERSON SERVING A STATED PRISON TERM OF TEN                  

YEARS OR LESS WHEN EITHER of the following APPLIES:                5,221        

      (a)  A person who has been convicted of or pleaded guilty    5,224        

to a felony, who is serving a (1)  THE stated prison term of ten   5,226        

years or less, and who is not serving DOES NOT INCLUDE a           5,227        

mandatory prison term;                                             5,228        

      (b)  A.                                                      5,230        

      (2)  THE STATED PRISON TERM INCLUDES A MANDATORY PRISON      5,233        

TERM, AND THE person who has been convicted of or pleaded guilty   5,234        

to a felony, who was sentenced to a mandatory prison term and      5,235        

another prison term of ten years or less, and who has served the   5,236        

mandatory prison term;                                             5,237        

      (c)  A person who has been convicted of or pleaded guilty    5,240        

to a felony, who was sentenced to a mandatory prison term                       

pursuant to division (D)(1) of section 2929.14 of the Revised      5,242        

Code and another prison term of ten years or less, who is          5,244        

required by division (E)(1) of section 2929.14 of the Revised      5,246        

Code to serve the mandatory prison term and the other prison term  5,248        

consecutively, and who has served the mandatory prison term.       5,249        

      (2)  "Eligible offender" does not include any of the         5,251        

                                                          120    


                                                                 
following:                                                         5,252        

      (a)  A person who has been convicted of or pleaded guilty    5,254        

to a felony, who was sentenced to a mandatory prison term          5,255        

pursuant to division (D)(2) or (3) of section 2929.14 of the       5,256        

Revised Code and another prison term of ten years or less, and     5,257        

who is required by division (E)(2), (3), or, (4) of section        5,258        

2929.14 of the Revised Code to serve the mandatory prison term     5,262        

and the other prison term consecutively, whether or not the                     

person has served the mandatory prison term.                       5,263        

      (b)  A person who has been convicted of or pleaded guilty    5,266        

to a felony, who was sentenced to a mandatory prison term          5,267        

pursuant to divisions (D)(1) and (2), or division (D)(3) of        5,268        

section 2929.14 of the Revised Code and another prison term of     5,270        

ten years or less, and who is required by division (E)(1), (2),    5,272        

(3), or (4) of section 2929.14 of the Revised Code to serve any    5,274        

of the mandatory prison terms and the other prison term            5,275        

consecutively, whether or not the person has served the mandatory  5,276        

prison terms.                                                      5,277        

      (B)  Upon the filing of a motion by the eligible offender    5,280        

or upon its own motion, a sentencing court may reduce the          5,281        

offender's stated prison term through a judicial release in        5,282        

accordance with this section.  THE COURT SHALL NOT REDUCE THE                   

STATED PRISON TERM OF AN OFFENDER WHO IS NOT AN ELIGIBLE           5,283        

OFFENDER.  An eligible offender may file a motion for judicial     5,286        

release with the sentencing court within the following applicable  5,287        

period of time:                                                                 

      (1)  If (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION        5,290        

(B)(1)(b) OR (c) OF THIS SECTION, IF the stated prison term was    5,292        

imposed for a felony of the fourth or fifth degree, the eligible   5,293        

offender shall MAY file the motion not earlier than thirty days    5,295        

or later than ninety days after the offender is delivered to a                  

state correctional institution.                                    5,296        

      (b)  IF THE STATED PRISON TERM IS FIVE YEARS AND IS AN       5,298        

AGGREGATE OF STATED PRISON TERMS THAT ARE BEING SERVED             5,299        

                                                          121    


                                                                 
CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY COMBINATION OF         5,300        

FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE FIFTH DEGREE,    5,301        

THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE                    

OFFENDER HAS SERVED FOUR YEARS OF THE STATED PRISON TERM.          5,302        

      (c)  IF THE STATED PRISON TERM IS MORE THAN FIVE YEARS AND   5,304        

LESS THAN TEN YEARS AND IS AN AGGREGATE OF STATED PRISON TERMS     5,305        

THAT ARE BEING SERVED CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY  5,307        

COMBINATION OF FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE   5,308        

FIFTH DEGREE, THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE  5,309        

ELIGIBLE OFFENDER HAS SERVED FIVE YEARS OF THE STATED PRISON       5,310        

TERM.                                                                           

      (2)  Except as otherwise provided in division (B)(3) OR (4)  5,312        

of this section, if the stated prison term was imposed for a       5,314        

felony of the first, second, or third degree, the eligible         5,315        

offender shall MAY file the motion not earlier than one hundred    5,317        

eighty days after the offender is delivered to a state                          

correctional institution.                                          5,318        

      (3)  IF THE STATED PRISON TERM IS FIVE YEARS, THE ELIGIBLE   5,320        

OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE OFFENDER HAS       5,321        

SERVED FOUR YEARS OF THE STATED PRISON TERM.                       5,322        

      (4)  If the stated prison term is MORE THAN five years or    5,324        

more and less than ten years, the eligible offender shall MAY      5,327        

file the motion after the eligible offender has served five years  5,329        

of the stated prison term.                                                      

      (4)(5)  If the offender was sentenced to OFFENDER'S STATED   5,332        

PRISON TERM INCLUDES a mandatory prison term pursuant to division  5,333        

(D)(1) of section 2929.14 of the Revised Code and a consecutive    5,335        

prison term other than a mandatory prison term that is ten years   5,337        

or less, the offender shall file the motion within the time        5,338        

authorized under division (B)(1), (2), or (3), OR (4) of this      5,339        

section for the felony for which NONMANDATORY PORTION OF the       5,341        

prison term other than the mandatory prison term was imposed, but  5,342        

the time for filing the motion does not begin to run until after   5,343        

the expiration of the mandatory PORTION OF THE prison term.        5,344        

                                                          122    


                                                                 
      (C)  Upon receipt of a timely motion for judicial release    5,347        

filed by an eligible offender under division (B) of this section   5,348        

or upon the sentencing court's own motion made within the          5,349        

appropriate time period specified in that division, the court may  5,350        

schedule a hearing on the motion.  The court may deny the motion   5,351        

without a hearing but shall not grant the motion in any case       5,352        

without a hearing.  If a court denies A MOTION without a hearing   5,353        

a motion filed by an eligible offender or on its own motion that   5,355        

relates to an eligible offender, the court may consider a          5,356        

subsequent judicial release for that eligible offender on its own  5,357        

motion or a subsequent motion for judicial release filed by that   5,359        

eligible offender.  If a court denies A MOTION after a hearing a   5,360        

motion filed by an eligible offender or its own motion that        5,363        

relates to an eligible offender, the court shall not consider a    5,364        

subsequent motion for that eligible offender.  The court shall                  

hold only one hearing for any eligible offender.                   5,365        

      A hearing under this section shall be conducted in open      5,367        

court within sixty days after the date on which the motion is      5,368        

filed, provided that the court may delay the hearing for a period  5,369        

not to exceed one hundred eighty additional days.  If the court    5,370        

schedules HOLDS a hearing on the motion, the court shall enter a   5,371        

ruling on the motion within ten days after the hearing.  If the    5,373        

court denies the motion without a hearing, the court shall enter   5,374        

its ruling on the motion within sixty days after the motion is     5,375        

filed.                                                                          

      (D)  If a court schedules a hearing on the motion filed by   5,378        

an eligible offender under this section or on its own motion       5,379        

UNDER DIVISION (C) OF THIS SECTION, the court shall notify the     5,380        

eligible offender of the hearing.  The eligible offender promptly  5,381        

shall serve GIVE a copy of the notice of the hearing on TO the     5,383        

head of the state correctional institution in which the eligible   5,385        

offender is confined.  If the court schedules a hearing for        5,386        

judicial release, the court promptly shall give notice of the      5,387        

hearing to the prosecuting attorney of the county in which the     5,388        

                                                          123    


                                                                 
eligible offender was indicted.  Upon receipt of the notice from   5,389        

the court, the prosecuting attorney shall notify the victim of     5,390        

the offense for which the stated prison term was imposed or the    5,391        

victim's representative, pursuant to section 2930.16 of the        5,392        

Revised Code, of the hearing.                                      5,393        

      (E)  Prior to the date of the hearing on a motion for        5,396        

judicial release under this section, the head of the state         5,397        

correctional institution in which the eligible offender in         5,398        

question is confined shall send to the court a report on the       5,399        

eligible offender's conduct in the institution and in any                       

institution from which the eligible offender may have been         5,400        

transferred.  The report shall cover the eligible offender's       5,401        

participation in school, vocational training, work, treatment,     5,402        

and other rehabilitative activities and any disciplinary action    5,403        

taken against the eligible offender.  The report shall be made     5,404        

part of the record of the hearing.                                 5,405        

      (F)  If the court grants a hearing on a motion for judicial  5,408        

release under this section, the eligible offender shall attend     5,409        

the hearing if ordered to do so by the court.  Upon receipt of a   5,410        

copy of the journal entry containing the order, the head of the    5,411        

state correctional institution in which the eligible offender is   5,412        

incarcerated shall deliver the eligible offender to the sheriff    5,413        

of the county in which the hearing is to be held.  The sheriff     5,414        

shall convey the eligible offender to the hearing and return the   5,415        

offender to the institution after the hearing.                     5,416        

      (G)  At the hearing on a motion for judicial release under   5,419        

this section, the court shall afford the eligible offender and     5,420        

the eligible offender's counsel ATTORNEY an opportunity to         5,421        

present written information relevant to the motion and shall       5,423        

afford the eligible offender, if present, and the eligible                      

offender's attorney AN OPPORTUNITY to present oral information     5,424        

relevant to the motion.  The court shall afford a similar          5,426        

opportunity to the prosecuting attorney, the victim or the         5,427        

victim's representative, as defined in section 2930.01 of the      5,428        

                                                          124    


                                                                 
Revised Code, and any other person the court determines is likely  5,430        

to present additional relevant information.  The court shall       5,431        

consider any statement of a victim made pursuant to section                     

2930.14 or 2930.17 of the Revised Code and, any victim impact      5,433        

statement prepared pursuant to section 2947.051 of the Revised     5,434        

Code, AND ANY REPORT MADE UNDER DIVISION (E) OF THIS SECTION.      5,435        

After ruling on the motion, the court shall notify the victim of   5,436        

the ruling in accordance with sections 2930.03 and 2930.16 of the  5,437        

Revised Code.                                                      5,438        

      (H)(1)  A court shall not grant a judicial release under     5,441        

this section to an eligible offender who is imprisoned for a       5,442        

felony of the first or second degree, or to an eligible offender   5,443        

who committed an offense contained in Chapter 2925. or 3719. of    5,444        

the Revised Code and for whom there was a presumption under        5,445        

section 2929.13 of the Revised Code in favor of a prison term,     5,447        

unless the court, with reference to factors under section 2929.12  5,448        

of the Revised Code, finds both of the following:                  5,449        

      (a)  That a sanction other than a prison term would          5,452        

adequately punish the offender and protect the public from future  5,453        

criminal violations by the eligible offender because the           5,454        

applicable factors indicating a lesser likelihood of recidivism    5,455        

outweigh the applicable factors indicating a greater likelihood    5,457        

of recidivism;                                                                  

      (b)  That a sanction other than a prison term would not      5,460        

demean the seriousness of the offense because factors indicating   5,461        

that the eligible offender's conduct in committing the offense     5,463        

was less serious than conduct normally constituting the offense    5,464        

outweigh factors indicating that the eligible offender's conduct   5,465        

was more serious than conduct normally constituting the offense.   5,466        

      (2)  A court that grants a judicial release to an eligible   5,469        

offender under division (H)(1) of this section shall specify on    5,470        

the record both findings required in that division and also shall  5,471        

list all the factors described in that division that were          5,472        

presented at the hearing.                                                       

                                                          125    


                                                                 
      (I)  If the court grants a motion for judicial release       5,475        

under this section, the court shall order the release of the       5,476        

eligible offender, shall place the eligible offender under an                   

appropriate community control sanction, under a mandatory          5,478        

condition of the type described in division (A) of section         5,479        

2967.131 of the Revised Code APPROPRIATE COMMUNITY CONTROL         5,480        

CONDITIONS, and under the supervision of the department of         5,481        

probation serving the court, and shall reserve the right to        5,482        

reimpose the sentence that it reduced pursuant to the judicial     5,483        

release if the offender violates the sanction.  If the court       5,484        

reimposes the reduced sentence pursuant to this reserved right,    5,485        

it may do so either concurrently with, or consecutive to, any new  5,486        

sentence imposed upon the eligible offender as a result of the                  

violation THAT IS A NEW OFFENSE.  The period of the community      5,488        

control sanction shall be no longer than five years.  The court,   5,490        

in its discretion, may reduce the period of the community control  5,491        

sanction by the amount of time the eligible offender spent in      5,493        

jail for the offense and in prison.  If the court made any         5,494        

findings pursuant to division (H)(1) of this section, the court    5,495        

shall serve a copy of the findings upon counsel for the parties    5,496        

within fifteen days after the date on which the court grants the   5,497        

motion for judicial release.                                                    

      Prior to being released pursuant to a judicial release       5,499        

granted under this section, the eligible offender shall serve any  5,500        

extension of sentence that was imposed under section 2967.11 of    5,501        

the Revised Code.                                                  5,502        

      Sec. 2929.223.  (A)  If a judge in any jurisdiction in       5,512        

which the appropriate authority or board requires an offender an   5,513        

offense other than a minor misdemeanor to reimburse the costs of   5,515        

confinement pursuant to section 307.93, 341.14, 341.19, 341.23,    5,516        

753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code    5,517        

sentences an offender to a term of imprisonment in the facility    5,518        

that is subject to the requirement for a misdemeanor, then after   5,519        

that person's release from imprisonment, the judge or, if that     5,520        

                                                          126    


                                                                 
judge no longer is sitting on that court, any judge from that      5,521        

court, also shall hold a hearing to determine the amount of the    5,522        

reimbursement and whether the offender has the ability to pay the  5,524        

reimbursement and the amount the person OFFENDER is able to pay.   5,525        

The offender shall have an opportunity to be heard and may be      5,527        

represented by counsel at the hearing, at the offender's person's               

option.  A record shall be made of the hearing.                    5,528        

      Reimbursable expenses shall include, but are not limited     5,530        

to, the expenses relating to the provision of food, clothing,      5,531        

shelter, medical care, and personal hygiene products, including,   5,532        

but not limited to, toothpaste, toothbrushes, and feminine         5,533        

hygiene items, to the offender while the offender is imprisoned    5,535        

and during any time that the offender is incarcerated before       5,536        

sentencing that is credited against the offender's term of         5,537        

imprisonment, and up to two hours of overtime costs the sheriff    5,538        

or municipal corporation incurred relating to the trial of the     5,539        

person.                                                                         

      (B)  Before holding a hearing on reimbursement pursuant to   5,541        

division (A) of this section, the judge shall investigate or       5,542        

cause to be investigated the offender's ability to pay the         5,543        

reimbursement and possible reimbursement schedules and methods.    5,544        

The amount of reimbursement shall be determined at the hearing in  5,545        

light of the sentence of imprisonment given and according to the   5,546        

offender's ability to pay.  However, the actual amount to be paid  5,548        

for reimbursable expenses other than medical expenses shall be     5,549        

the actual cost of the confinement or a lesser amount determined   5,550        

pursuant to section 307.93, 341.14, 341.19, 341.23, 753.02,                     

753.04, 753.16, 2301.56, or 2947.19 of the Revised Code.  The      5,551        

actual amount to be paid for medical expenses shall not exceed     5,552        

forty per cent of those medical expenses.  In determining the      5,553        

offender's ability to pay the reimbursement, all of the following  5,555        

shall be considered:                                                            

      (1)  The offender's financial resources, excluding the       5,557        

funds saved from wages derived from the offender's labor or        5,558        

                                                          127    


                                                                 
employment during the period of incarceration;                     5,559        

      (2)  Any obligation to support the offender's dependents;    5,561        

      (3)  Any obligation to make restitution to the victim of     5,563        

the offense of which the offender is convicted;                    5,564        

      (4)  The offender's income, assets, liabilities, ability to  5,566        

borrow, household expenses, and any other factor that may affect   5,567        

the offender's financial ability to make reimbursement.            5,568        

      (C)  At the conclusion of the hearing held pursuant to       5,571        

division (A) of this section, the judge shall determine the        5,572        

amount of the reimbursable expenses owed by the offender who is    5,573        

the subject of the hearing and the amount that the offender is     5,574        

able to pay.  If the judge determines that the offender is able    5,575        

to pay any of the reimbursable expenses, the judge shall issue a   5,576        

judgment against the offender in the amount of the reimbursable    5,577        

expenses that the offender is able to pay.  In the judgment, the   5,578        

judge also shall establish a payment schedule for the              5,579        

reimbursement.  The judgment shall state that the reimbursement    5,580        

shall be made to the county, municipal corporation, or township    5,581        

for expenses incurred by it during any time that the offender      5,582        

served in a local jail or workhouse.  Each payment on the payment  5,583        

schedule shall constitute a separate judgment.  The prosecuting    5,584        

attorney for a county, city director of law, village solicitor,    5,585        

or similar chief legal officer of a municipal corporation, as      5,586        

appropriate, may execute upon the judgment for failure to meet     5,587        

the payment schedule.                                                           

      (D)  This section does not apply to a person who is          5,589        

sentenced for a felony to a term of imprisonment in a facility     5,590        

that is subject to a requirement of the type described in          5,592        

division (A) of this section.  Sections SECTION 2929.18 and        5,593        

2929.181 of the Revised Code apply APPLIES to a person who is      5,594        

sentenced for a felony to a term of that nature.                   5,595        

      Sec. 2935.36.  (A)  The prosecuting attorney may establish   5,604        

pre-trial diversion programs for adults who are accused of         5,605        

committing criminal offenses and whom the prosecuting attorney     5,607        

                                                          128    


                                                                 
believes probably will not offend again.  The programs shall be                 

operated pursuant to written standards approved by journal entry   5,609        

by the presiding judge or, in courts with only one judge, the      5,610        

judge of the court of common pleas and shall not be applicable to  5,611        

any of the following:                                              5,612        

      (1)  Repeat offenders or dangerous offenders;                5,614        

      (2)  Persons accused of an offense of violence, of a         5,616        

violation of section 2903.06, 2903.07, 2907.04, 2907.05, 2907.21,  5,618        

2907.22, 2907.31, 2907.32, 2907.34, 2911.31, 2919.12, 2919.13,     5,619        

2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20 of the     5,620        

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     5,622        

effective date of this amendment JULY 1, 1996, would have been a   5,623        

violation of section 2905.04 of the Revised Code as it existed     5,624        

prior to that date, with the exception that the prosecuting        5,625        

attorney may permit persons accused of any such offense to enter   5,626        

a pre-trial diversion program, if the prosecuting attorney finds   5,628        

any of the following:                                                           

      (a)  The accused did not cause, threaten, or intend serious  5,630        

physical harm to any person;                                       5,631        

      (b)  The offense was the result of circumstances not likely  5,633        

to recur;                                                          5,634        

      (c)  The accused has no history of prior delinquency or      5,636        

criminal activity;                                                 5,637        

      (d)  The accused has led a law-abiding life for a            5,639        

substantial time before commission of the alleged offense;         5,640        

      (e)  Substantial grounds tending to excuse or justify the    5,642        

alleged offense;.                                                  5,643        

      (3)  Persons accused of a violation of Chapter 2925. or      5,645        

3719. of the Revised Code;                                         5,646        

      (4)  Drug dependent persons or persons in danger of          5,648        

becoming drug dependent persons, as defined in section 3719.011    5,649        

of the Revised Code.  However, this division does not affect the   5,650        

eligibility of such persons for treatment INTERVENTION in lieu of  5,652        

                                                          129    


                                                                 
conviction pursuant to section 2951.041 of the Revised Code.       5,653        

      (5)  Persons accused of a violation of section 4511.19 of    5,655        

the Revised Code or a violation of any substantially similar       5,656        

municipal ordinance.                                               5,657        

      (B)  An accused who enters a diversion program shall do all  5,659        

of the following:                                                  5,660        

      (1)  Waive, in writing and contingent upon the accused's     5,662        

successful completion of the program, the accused's right to a     5,663        

speedy trial, the preliminary hearing, the time period within      5,664        

which the grand jury may consider an indictment against the        5,665        

accused, and arraignment, unless the hearing, indictment, or       5,666        

arraignment has already occurred;                                               

      (2)  Agree, in writing, to the tolling while in the program  5,668        

of all periods of limitation established by statutes or rules of   5,669        

court, that are applicable to the offense with which the accused   5,671        

is charged and to the conditions of the diversion program          5,672        

established by the prosecuting attorney.                           5,673        

      (C)  The trial court, upon the application of the            5,675        

prosecuting attorney, shall order the release from confinement of  5,676        

any accused who has agreed to enter a pre-trial diversion program  5,677        

and shall discharge and release any existing bail and release any  5,678        

sureties on recognizances and shall release the accused on a       5,679        

recognizance bond conditioned upon the accused's compliance with   5,680        

the terms of the diversion program.  The prosecuting attorney      5,681        

shall notify every victim of the crime and the arresting officers  5,682        

of the prosecuting attorney's intent to permit the accused to      5,684        

enter a pre-trial diversion program.  The victim of the crime and  5,685        

the arresting officers shall have the opportunity to file written  5,686        

objections with the prosecuting attorney prior to the              5,687        

commencement of the pre-trial diversion program.                   5,688        

      (D)  If the accused satisfactorily completes the diversion   5,690        

program, the prosecuting attorney shall recommend to the trial     5,691        

court that the charges against the accused be dismissed, and the   5,692        

court, upon the recommendation of the prosecuting attorney, shall  5,693        

                                                          130    


                                                                 
dismiss the charges.  If the accused chooses not to enter the      5,694        

prosecuting attorney's diversion program, or if the accused        5,695        

violates the conditions of the agreement pursuant to which the     5,696        

accused has been released, the accused may be brought to trial     5,697        

upon the charges in the manner provided by law, and the waiver     5,698        

executed pursuant to division (B)(1) of this section shall be      5,699        

void on the date the accused is removed from the program for the   5,700        

violation.                                                                      

      (E)  As used in this section:                                5,702        

      (1)  "Repeat offender" means a person who has a history of   5,704        

persistent criminal activity and whose character and condition     5,705        

reveal a substantial risk that the person will commit another      5,706        

offense.  It is prima-facie evidence that a person is a repeat     5,708        

offender if any of the following applies:                                       

      (a)  Having been convicted of one or more offenses of        5,710        

violence and having been imprisoned pursuant to sentence for any   5,711        

such offense, the person commits a subsequent offense of           5,712        

violence;                                                                       

      (b)  Having been convicted of one or more sexually oriented  5,714        

offenses as defined in section 2950.01 of the Revised Code and     5,716        

having been imprisoned pursuant to sentence for one or more of     5,717        

those offenses, the person commits a subsequent sexually oriented  5,718        

offense;                                                                        

      (c)  Having been convicted of one or more theft offenses as  5,720        

defined in section 2913.01 of the Revised Code and having been     5,721        

imprisoned pursuant to sentence for one or more of those theft     5,722        

offenses, the person commits a subsequent theft offense;           5,723        

      (d)  Having been convicted of one or more felony drug abuse  5,725        

offenses as defined in section 2925.01 of the Revised Code and     5,727        

having been imprisoned pursuant to sentence for one or more of                  

those felony drug abuse offenses, the person commits a subsequent  5,728        

felony drug abuse offense;                                         5,729        

      (e)  Having been convicted of two or more felonies and       5,731        

having been imprisoned pursuant to sentence for one or more        5,732        

                                                          131    


                                                                 
felonies, the person commits a subsequent offense;                 5,733        

      (f)  Having been convicted of three or more offenses of any  5,735        

type or degree other than traffic offenses, alcoholic              5,736        

intoxication offenses, or minor misdemeanors and having been       5,737        

imprisoned pursuant to sentence for any such offense, the person   5,738        

commits a subsequent offense.                                                   

      (2)  "Dangerous offender" means a person who has committed   5,740        

an offense, whose history, character, and condition reveal a       5,741        

substantial risk that the person will be a danger to others, and   5,742        

whose conduct has been characterized by a pattern of repetitive,   5,744        

compulsive, or aggressive behavior with heedless indifference to                

the consequences.                                                  5,745        

      Sec. 2937.99.  Whoever fails (A)  NO PERSON SHALL FAIL to    5,755        

appear as required, after having been released pursuant to         5,756        

section 2937.29 of the Revised Code, shall be sentenced as         5,757        

follows:.  WHOEVER VIOLATES THIS SECTION IS GUILTY OF FAILURE TO   5,758        

APPEAR AND SHALL BE PUNISHED AS SET FORTH IN DIVISION (B) OR (C)   5,759        

OF THIS SECTION.                                                                

      (A)(B)  If the release was in connection with a charge of    5,761        

the commission of a felony or pending appeal after conviction of   5,762        

a felony, he shall be fined not more than five thousand dollars    5,764        

or imprisoned in a state correctional institution for not less     5,765        

than one nor more than five years, or both FAILURE TO APPEAR IS A  5,766        

FELONY OF THE FOURTH DEGREE.                                       5,767        

      (B)(C)  If the release was in connection with a charge of    5,769        

the commission of a misdemeanor or for appearance as a witness,    5,770        

he shall be fined not more than one thousand dollars or            5,771        

imprisoned not more than one year, or both FAILURE TO APPEAR IS A  5,772        

MISDEMEANOR OF THE FIRST DEGREE.                                   5,774        

      (D)  This section does not apply to misdemeanors and         5,776        

related ordinance offenses arising under Chapters 4501., 4503.,    5,777        

4505., 4507., 4509., 4511., 4513., 4517., 4549., and 5577. of the  5,778        

Revised Code, except that this section does apply to violations    5,779        

of sections 4511.19, 4549.02, and 4549.021 of the Revised Code     5,780        

                                                          132    


                                                                 
and ordinance offenses related to such sections 4511.19, 4549.02,  5,782        

AND 4549.021 OF THE REVISED CODE.                                               

      Sec. 2941.141.  (A)  Imposition of a one-year mandatory      5,791        

prison term upon an offender under division (D)(1)(a)(i) of        5,792        

section 2929.14 of the Revised Code is precluded unless the        5,793        

indictment, count in the indictment, or information charging the   5,795        

offense specifies that the offender had a firearm on or about the  5,796        

offender's person or under the offender's control while            5,797        

committing the offense.  The specification shall be stated at the  5,798        

end of the body of the indictment, count, or information, and      5,799        

shall be in substantially the following form:                      5,800        

      "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).       5,803        

The Grand Jurors (or insert the person's or the prosecuting        5,805        

attorney's name when appropriate) further find and specify that    5,806        

(set forth that the offender had a firearm on or about the         5,807        

offender's person or under the offender's control while            5,808        

committing the offense.)"                                          5,809        

      (B)  Imposition of a one-year mandatory prison term upon an  5,811        

offender under division (D)(1)(a)(i) of section 2929.14 of the     5,812        

Revised Code is precluded if a court imposes a three-year or       5,814        

six-year mandatory prison term on the offender under that          5,815        

division relative to the same felony.                                           

      (C)  As used in this section, "firearm" has the same         5,817        

meaning as in section 2923.11 of the Revised Code.                 5,818        

      Sec. 2941.144.  (A)  Imposition of a six-year mandatory      5,827        

prison term upon an offender under division (D)(1)(a)(i) of        5,828        

section 2929.14 of the Revised Code is precluded unless the        5,829        

indictment, count in the indictment, or information charging the   5,830        

offense specifies that the offender had a firearm that is an       5,831        

automatic firearm or that was equipped with a firearm muffler or   5,832        

silencer on or about the offender's person or under the            5,833        

offender's control while committing the offense.  The              5,835        

specification shall be stated at the end of the body of the        5,836        

indictment, count, or information and shall be stated in           5,837        

                                                          133    


                                                                 
substantially the following form:                                               

      "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).  The  5,839        

Grand Jurors (or insert the person's or the prosecuting            5,840        

attorney's name when appropriate) further find and specify that    5,841        

(set forth that the offender had a firearm that is an automatic    5,842        

firearm or that was equipped with a firearm muffler or silencer    5,843        

on or about the offender's person or under the offender's control  5,844        

while committing the offense)."                                    5,845        

      (B)  Imposition of a six-year mandatory prison term upon an  5,847        

offender under division (D)(1)(a)(i) of section 2929.14 of the     5,848        

Revised Code is precluded if a court imposes a three-year or       5,850        

one-year mandatory prison term on the offender under that          5,851        

division relative to the same felony.                                           

      (C)  As used in this section, "firearm" and "automatic       5,853        

firearm" have the same meanings as in section 2923.11 of the       5,854        

Revised Code.                                                                   

      Sec. 2941.145.  (A)  Imposition of a three-year mandatory    5,864        

prison term upon an offender under division (D)(1)(a)(i) of        5,865        

section 2929.14 of the Revised Code is precluded unless the        5,867        

indictment, count in the indictment, or information charging the   5,868        

offense specifies that the offender had a firearm on or about the  5,869        

offender's person or under the offender's control while            5,870        

committing the offense and displayed the firearm, brandished the   5,871        

firearm, indicated that the offender possessed the firearm, or     5,872        

used it to facilitate the offense.  The specification shall be     5,873        

stated at the end of the body of the indictment, county COUNT, or  5,874        

information, and shall be stated in substantially the following    5,876        

form:                                                                           

      "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).  The  5,879        

Grand Jurors (or insert the person's or the prosecuting            5,880        

attorney's name when appropriate) further find and specify that    5,881        

(set forth that the offender had a firearm on or about the         5,882        

offender's person or under the offender's control while            5,883        

committing the offense and displayed the firearm, brandished the                

                                                          134    


                                                                 
firearm, indicated that the offender possessed the firearm, or     5,884        

used it to facilitate the offense)."                               5,885        

      (B)  Imposition of a three-year mandatory prison term upon   5,887        

an offender under division (D)(1)(a)(i) of section 2929.14 of the  5,889        

Revised Code is precluded if a court imposes a one-year or         5,890        

six-year mandatory prison term on the offender under that                       

division relative to the same felony.                              5,891        

      (C)  As used in this section, "firearm" has the same         5,893        

meaning as in section 2923.11 of the Revised Code.                 5,894        

      Sec. 2941.146.  (A)  Imposition of a mandatory five-year     5,903        

prison term upon an offender under division (D)(1)(a)(ii)(c) of    5,904        

section 2929.14 of the Revised Code for committing a violation of  5,906        

section 2923.161 of the Revised Code or for committing a felony    5,907        

that includes, as an essential element, purposely or knowingly     5,908        

causing or attempting to cause the death of or physical harm to    5,910        

another and that was committed by discharging a firearm from a     5,911        

motor vehicle other than a manufactured home is precluded unless   5,912        

the indictment, count in the indictment, or information charging   5,913        

the offender specifies that the offender committed the offense by  5,914        

discharging a firearm from a motor vehicle other than a            5,915        

manufactured home.  The specification shall be stated at the end   5,916        

of the body of the indictment, count, or information, and shall    5,917        

be stated in substantially the following form:                     5,918        

      "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).  The  5,920        

Grand Jurors (or insert the person's or prosecuting attorney's     5,921        

name when appropriate) further find and specify that (set forth    5,923        

that the offender committed the violation of section 2923.161 of   5,924        

the Revised Code or the felony that includes, as an essential      5,925        

element, purposely or knowingly causing or attempting to cause                  

the death of or physical harm to another and that was committed    5,926        

by discharging a firearm from a motor vehicle other than a         5,927        

manufactured home)."                                               5,928        

      (B)  As used in this section:                                5,930        

      (1)  "Firearm" has the same meaning as in section 2923.11    5,932        

                                                          135    


                                                                 
of the Revised Code;                                               5,933        

      (2)  "Motor vehicle" and "manufactured home" have the same   5,935        

meanings as in section 4501.01 of the Revised Code.                5,936        

      Sec. 2941.1410.  (A)  The EXCEPT AS PROVIDED IN SECTIONS     5,945        

2925.03 AND 2925.11 OF THE REVISED CODE, THE determination by a    5,946        

court that an offender is a major drug offender is precluded       5,948        

unless the indictment, count in the indictment, or information     5,949        

charging the offender specifies that the offender is a major drug  5,950        

offender.  The specification shall be stated at the end of the     5,951        

body of the indictment, count, or information, and shall be        5,952        

stated in substantially the following form:                                     

      "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).  The  5,955        

Grand Jurors (or insert the person's or prosecuting attorney's     5,956        

name when appropriate) further find and specify that (set forth    5,957        

that the offender is a major drug offender)."                      5,958        

      (B)  The court shall determine the issue of whether an       5,960        

offender is a major drug offender.                                 5,961        

      (C)  As used in this section, "major drug offender" has the  5,963        

same meaning as in section 2929.01 of the Revised Code.            5,964        

      Sec. 2949.08.  (A)  When a person WHO IS convicted of OR     5,973        

PLEADS GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL  5,974        

SANCTION IN A JAIL OR COMMUNITY-BASED CORRECTIONAL FACILITY        5,975        

PURSUANT TO SECTION 2929.16 OF THE REVISED CODE OR WHEN A PERSON   5,976        

WHO IS CONVICTED OF OR PLEADS GUILTY TO a misdemeanor is           5,977        

sentenced to A TERM OF imprisonment in A jail or the workhouse,    5,979        

the judge or magistrate shall order him THE PERSON into the        5,981        

custody of the sheriff or constable, who AND THE SHERIFF OR        5,982        

CONSTABLE shall deliver him THE PERSON with the record of his THE  5,985        

PERSON'S conviction, to the jailer, ADMINISTRATOR, or keeper, in   5,987        

whose custody he THE PERSON shall remain until the term of his     5,988        

imprisonment expires or he THE PERSON is otherwise legally         5,990        

discharged.                                                                     

      (B)  The record of the person's conviction shall specify     5,992        

the total number of days, if any, that the person was confined     5,993        

                                                          136    


                                                                 
for any reason arising out of the offense for which he THE PERSON  5,995        

was convicted and sentenced prior to delivery to the jailer or     5,996        

keeper under this section.  The record shall be used to determine  5,997        

any reduction of sentence under division (C) of this section.      5,998        

      (C)  The jailer, administrator, or keeper in charge of a     6,000        

jail or workhouse COMMUNITY-BASED CORRECTIONAL FACILITY shall      6,001        

reduce the sentence of a person delivered into his THE JAILER'S,   6,003        

ADMINISTRATOR'S, OR KEEPER'S custody pursuant to division (A) of   6,004        

this section by the total number of days the prisoner PERSON was   6,005        

confined for any reason arising out of the offense for which the   6,007        

prisoner PERSON was convicted and sentenced, including             6,009        

confinement in lieu of bail while awaiting trial, confinement for  6,010        

examination to determine his THE PERSON'S competence to stand      6,012        

trial or to determine sanity, and confinement while awaiting       6,013        

transportation to the place where he THE PERSON is to serve his    6,015        

THE sentence.                                                                   

      (D)  For purposes of divisions (B) and (C) of this section,  6,017        

a person shall be considered to have been confined for a day if    6,018        

the person was confined for any period or periods of time          6,019        

totaling more than eight hours during that day.                    6,020        

      (E)  AS USED IN THIS SECTION, "COMMUNITY-BASED CORRECTIONAL  6,022        

FACILITY" AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION 2929.01  6,023        

OF THE REVISED CODE.                                                            

      Sec. 2951.02.  (A)(1)  In determining whether to suspend a   6,033        

sentence of imprisonment imposed upon an offender for a                         

misdemeanor and place the offender on probation or whether to      6,035        

otherwise suspend a sentence of imprisonment imposed upon an                    

offender for a misdemeanor pursuant to division (A) of section     6,036        

2929.51 of the Revised Code, the court shall consider the risk     6,037        

that the offender will commit another offense and the need for     6,038        

protecting the public from the risk, the nature and circumstances  6,039        

of the offense, and the history, character, and condition of the   6,040        

offender.                                                          6,041        

      (2)  An offender who has been convicted of or pleaded        6,043        

                                                          137    


                                                                 
guilty to a misdemeanor shall not be placed on probation and       6,044        

shall not otherwise have the sentence of imprisonment imposed      6,045        

upon the offender suspended pursuant to division (A) of section    6,047        

2929.51 of the Revised Code if any of the following applies:       6,049        

      (a)  The offender is a repeat or dangerous offender, as      6,052        

defined in section 2935.36 of the Revised Code.                    6,053        

      (b)  The misdemeanor offense involved was not a violation    6,056        

of section 2923.12 of the Revised Code and was committed while     6,057        

the offender was armed with a firearm or dangerous ordnance, as    6,058        

defined in section 2923.11 of the Revised Code.                    6,060        

      (c)  Under division (C) of section 2903.07 of the Revised    6,062        

Code, the offender is not eligible for probation.                  6,063        

      (B)  The following do not control the court's discretion     6,065        

but the court shall consider them in favor of placing an offender  6,066        

who has been convicted of or pleaded guilty to a misdemeanor on    6,067        

probation or in favor of otherwise suspending the offender's       6,068        

sentence of imprisonment pursuant to division (A) of section       6,069        

2929.51 of the Revised Code:                                       6,070        

      (1)  The offense neither caused nor threatened serious harm  6,072        

to persons or property, or the offender did not contemplate that   6,073        

it would do so.                                                    6,074        

      (2)  The offense was the result of circumstances unlikely    6,076        

to recur.                                                          6,077        

      (3)  The victim of the offense induced or facilitated it.    6,079        

      (4)  There are substantial grounds tending to excuse or      6,081        

justify the offense, though failing to establish a defense.        6,082        

      (5)  The offender acted under strong provocation.            6,084        

      (6)  The offender has no history of prior delinquency or     6,086        

criminal activity, or has led a law-abiding life for a             6,087        

substantial period before commission of the present offense.       6,088        

      (7)  The offender is likely to respond affirmatively to      6,090        

probationary or other court-imposed treatment.                     6,091        

      (8)  The character and attitudes of the offender indicate    6,093        

that the offender is unlikely to commit another offense.           6,094        

                                                          138    


                                                                 
      (9)  The offender has made or will make restitution or       6,096        

reparation to the victim of the offender's offense for the         6,097        

injury, damage, or loss sustained.                                 6,098        

      (10)  Imprisonment of the offender will entail undue         6,100        

hardship to the offender or the offender's dependents.             6,101        

      (C)(1)(a)  When an offender who has been convicted of or     6,103        

pleaded guilty to a misdemeanor is placed on probation or the      6,105        

sentence of that type of offender otherwise is suspended pursuant  6,106        

to division (A) of section 2929.51 of the Revised Code, the        6,108        

probation or other suspension shall be at least on condition       6,109        

that, during the period of probation or other suspension, the      6,110        

offender shall abide by the law, including, but not limited to,    6,111        

complying with the provisions of Chapter 2923. of the Revised      6,112        

Code relating to the possession, sale, furnishing, transfer,       6,113        

disposition, purchase, acquisition, carrying, conveying, or use    6,114        

of, or other conduct involving, a firearm or dangerous ordnance,                

as defined in section 2923.11 of the Revised Code, and shall not   6,115        

leave the state without the permission of the court or the         6,119        

offender's probation officer.  In the interests of doing justice,               

rehabilitating the offender, and ensuring the offender's good      6,120        

behavior, the court may impose additional requirements on the      6,121        

offender, including, but not limited to, requiring the offender    6,122        

to make restitution pursuant to section 2929.21 of the Revised     6,123        

Code for all or part of the property damage that is caused by the  6,125        

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   6,126        

division (K) of section 2913.01 of the Revised Code, that the      6,127        

offender committed.  Compliance with the additional requirements   6,128        

also shall be a condition of the offender's probation or other     6,129        

suspension.                                                        6,130        

      (b)  When an offender who has been convicted of or pleaded   6,132        

guilty to a felony is sentenced to a nonresidential sanction       6,133        

pursuant to section 2929.17 of the Revised Code, the court shall   6,135        

impose as a condition of the sanction that, during the period of   6,136        

                                                          139    


                                                                 
the nonresidential sanction, the offender shall abide by the law,  6,137        

including, but not limited to, complying with the provisions of    6,138        

Chapter 2923. of the Revised Code identified in division           6,140        

(C)(1)(a) of this section.                                         6,141        

      (2)  During the period of a misdemeanor offender's           6,143        

probation or other suspension or during the period of a felon's    6,144        

nonresidential sanction, authorized probation officers who are     6,146        

engaged within the scope of their supervisory duties or            6,147        

responsibilities may search, with or without a warrant, the        6,148        

person of the offender, the place of residence of the offender,                 

and a motor vehicle, another item of tangible or intangible        6,149        

personal property, or other real property in which the offender    6,150        

has a right, title, or interest or for which the offender has the  6,151        

express or implied permission of a person with a right, title, or  6,153        

interest to use, occupy, or possess if the probation officers                   

have reasonable grounds to believe that the offender is not        6,154        

abiding by the law or otherwise is not complying with the          6,155        

conditions of the offender's probation or other suspension or the  6,157        

conditions of the offender's nonresidential sanction.  If a felon  6,158        

who is sentenced to a nonresidential sanction is under the                      

general control and supervision of the adult parole authority, as  6,159        

described in division (A)(2)(a) of section 2929.15 of the Revised  6,160        

Code, adult parole authority field officers with supervisory       6,161        

responsibilities over the felon shall have the same search         6,162        

authority relative to the felon during the period of the sanction  6,163        

as is described under this division for probation officers.  The   6,164        

court that places the offender on probation or suspends the        6,166        

misdemeanor offender's sentence of imprisonment pursuant to                     

division (D)(2) or (4) of section 2929.51 of the Revised Code or   6,168        

that sentences the felon to a nonresidential sanction pursuant to  6,169        

section 2929.17 of the Revised Code shall provide the offender     6,170        

with a written notice that informs the offender that authorized    6,171        

probation officers or adult parole authority field officers with   6,172        

supervisory responsibilities over the offender who are engaged     6,173        

                                                          140    


                                                                 
within the scope of their supervisory duties or responsibilities   6,174        

may conduct those types of searches during the period of           6,176        

probation or other suspension or during the period of the          6,177        

nonresidential sanction if they have reasonable grounds to         6,178        

believe that the offender is not abiding by the law or otherwise   6,179        

is not complying with the conditions of the offender's probation                

or other suspension or the conditions of the offender's            6,180        

nonresidential sanction.                                           6,181        

      (D)  The following do not control the court's discretion     6,183        

but the court shall consider them against placing an offender who  6,184        

has been convicted of or pleaded guilty to a misdemeanor on        6,185        

probation and against otherwise suspending the offender's          6,186        

sentence of imprisonment pursuant to division (A) of section       6,187        

2929.51 of the Revised Code:                                                    

      (1)  The offender recently violated the conditions of        6,189        

pardon, post-release control pursuant to section 2967.28 of the    6,191        

Revised Code, or a probation or suspension pursuant to division    6,193        

(A) of section 2929.51 of the Revised Code, previously granted     6,194        

the offender.                                                                   

      (2)  There is a substantial risk that, while at liberty      6,196        

during the period of probation or other suspension, the offender   6,197        

will commit another offense.                                       6,198        

      (3)  The offender is in need of correctional or              6,200        

rehabilitative treatment that can be provided best by the          6,201        

offender's commitment to a locally governed and operated           6,202        

residential facility.                                                           

      (4)  Regardless of whether the offender knew the age of the  6,204        

victim, the victim of the offense was sixty-five years of age or   6,205        

older or permanently and totally disabled at the time of the       6,206        

commission of the offense.                                         6,207        

      (E)  The criteria listed in divisions (B) and (D) of this    6,209        

section shall not be construed to limit the matters that may be    6,210        

considered in determining whether to suspend sentence of           6,211        

imprisonment and place an offender who has been convicted of or    6,212        

                                                          141    


                                                                 
pleaded guilty to a misdemeanor on probation or whether to         6,213        

otherwise suspend the offender's sentence of imprisonment          6,214        

pursuant to division (A) of section 2929.51 of the Revised Code.   6,216        

      (F)(1)  When an offender is convicted of or pleads guilty    6,220        

to a misdemeanor, the court may require the offender, as a         6,221        

condition of probation or as a condition of otherwise suspending   6,222        

the offender's sentence pursuant to division (A) of section        6,223        

2929.51 of the Revised Code, in addition to the conditions of      6,224        

probation or other suspension imposed pursuant to division (C) of  6,225        

this section, to perform supervised community service work under   6,226        

the authority of health districts, park districts, counties,       6,227        

municipal corporations, townships, other political subdivisions    6,228        

of the state, or agencies of the state or any of its political     6,229        

subdivisions, or under the authority of charitable organizations   6,230        

that render services to the community or its citizens, in          6,231        

accordance with this division.  Supervised community service work  6,232        

shall not be required as a condition of probation or other         6,233        

suspension under this division unless the offender agrees to       6,234        

perform the work offered as a condition of probation or other      6,235        

suspension by the court.  The court may require an offender who    6,236        

agrees to perform the work to pay to it a reasonable fee to cover  6,237        

the costs of the offender's participation in the work, including,  6,238        

but not limited to, the costs of procuring a policy or policies    6,239        

of liability insurance to cover the period during which the        6,240        

offender will perform the work.                                                 

      A court may permit any offender convicted of a misdemeanor   6,242        

to satisfy the payment of a fine imposed for the offense by        6,243        

performing supervised community service work as described in this  6,244        

division if the offender requests an opportunity to satisfy the    6,245        

payment by this means and if the court determines the offender is  6,246        

financially unable to pay the fine.                                6,247        

      The supervised community service work that may be imposed    6,249        

under this division shall be subject to the following              6,250        

limitations:                                                       6,251        

                                                          142    


                                                                 
      (a)  The court shall fix the period of the work and, if      6,253        

necessary, shall distribute it over weekends or over other         6,254        

appropriate times that will allow the offender to continue at the  6,255        

offender's occupation or to care for the offender's family.  The   6,256        

period of the work as fixed by the court shall not exceed an       6,257        

aggregate of two hundred hours.                                    6,258        

      (b)  An agency, political subdivision, or charitable         6,260        

organization must agree to accept the offender for the work        6,261        

before the court requires the offender to perform the work for     6,262        

the entity.  A court shall not require an offender to perform      6,263        

supervised community service work for an agency, political         6,264        

subdivision, or charitable organization at a location that is an   6,265        

unreasonable distance from the offender's residence or domicile,   6,266        

unless the offender is provided with transportation to the         6,267        

location where the work is to be performed.                        6,268        

      (c)  A court may enter into an agreement with a county       6,270        

department of human services for the management, placement, and    6,271        

supervision of offenders eligible for community service work in    6,272        

work activities, developmental activities, and alternative work    6,275        

activities under sections 5107.40 to 5107.69 of the Revised Code.  6,277        

If a court and a county department of human services have entered  6,278        

into an agreement of that nature, the clerk of that court is       6,279        

authorized to pay directly to the department of human services     6,280        

all or a portion of the fees collected by the court pursuant to    6,281        

this division in accordance with the terms of its agreement.       6,282        

      (d)  Community service work that a court requires under      6,284        

this division shall be supervised by an official of the agency,    6,285        

political subdivision, or charitable organization for which the    6,286        

work is performed or by a person designated by the agency,         6,287        

political subdivision, or charitable organization.  The official   6,288        

or designated person shall be qualified for the supervision by     6,289        

education, training, or experience, and periodically shall         6,290        

report, in writing, to the court and to the offender's probation   6,291        

officer concerning the conduct of the offender in performing the   6,292        

                                                          143    


                                                                 
work.                                                              6,293        

      (2)  When an offender is convicted of a felony, the court    6,295        

may impose pursuant to sections 2929.15 and 2929.17 of the         6,296        

Revised Code a sanction that requires the offender to perform      6,297        

supervised community service work in accordance with this          6,298        

division and under the authority of any agency, political          6,299        

subdivision, or charitable organization as described in division   6,300        

(F)(1) of this section.  The court may require an offender who is  6,301        

ordered to perform the work to pay to it a reasonable fee to       6,302        

cover the costs of the offender's participation in the work,       6,303        

including, but not limited to, the costs of procuring a policy or  6,304        

policies of liability insurance to cover the period during which   6,305        

the offender will perform the work.                                6,306        

      A court may permit an offender convicted of a felony to      6,308        

satisfy the payment of a fine imposed for the offense pursuant to  6,309        

section 2929.18 of the Revised Code by performing supervised       6,310        

community service work as described in this division if the court  6,312        

determines that the offender is financially unable to pay the      6,313        

fine.                                                                           

      The supervised community service work that may be imposed    6,315        

under this division shall be subject to the limitations specified  6,316        

in divisions (F)(1)(a) to (d) of this section, except that the     6,317        

court is not required to obtain the agreement of the offender to   6,318        

impose supervised community work as a sanction.  Additionally,     6,319        

the total of any period of supervised community service work       6,320        

imposed on an offender under this division plus the period of all  6,321        

other sanctions imposed pursuant to sections 2929.15, 2929.16,     6,322        

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      6,324        

section 4511.19 of the Revised Code, a municipal ordinance         6,325        

relating to operating a vehicle while under the influence of       6,326        

alcohol, a drug of abuse, or alcohol and a drug of abuse, or a     6,327        

municipal ordinance relating to operating a vehicle with a         6,328        

                                                          144    


                                                                 
prohibited concentration of alcohol in the blood, breath, or       6,329        

urine or of a misdemeanor violation of section 2903.07 of the      6,330        

Revised Code or an equivalent violation of a municipal ordinance   6,332        

that is substantially similar to section 2903.07 of the Revised    6,334        

Code and that provides for that type of finding by a jury or       6,335        

judge in a case in which the jury or judge found that the          6,336        

offender was under the influence of alcohol at the time of the     6,337        

commission of the offense, the court may require, as a condition   6,338        

of probation in addition to the required conditions of probation   6,339        

and the discretionary conditions of probation that may be imposed  6,340        

pursuant to division (C) of this section, any suspension or        6,341        

revocation of a driver's or commercial driver's license or permit  6,342        

or nonresident operating privilege, and all other penalties        6,343        

provided by law or by ordinance, that the offender operate only a  6,344        

motor vehicle equipped with an ignition interlock device that is   6,345        

certified pursuant to section 4511.83 of the Revised Code.         6,346        

      (2)  When a court requires an offender, as a condition of    6,348        

probation pursuant to division (G)(1) of this section, to operate  6,349        

only a motor vehicle equipped with an ignition interlock device    6,350        

that is certified pursuant to section 4511.83 of the Revised       6,351        

Code, the offender immediately shall surrender the offender's      6,352        

driver's or commercial driver's license or permit to the court.    6,353        

Upon the receipt of the offender's license or permit, the court    6,354        

shall issue an order authorizing the offender to operate a motor   6,355        

vehicle equipped with a certified ignition interlock device,       6,356        

deliver the offender's license or permit to the bureau of motor    6,357        

vehicles, and include in the abstract of the case forwarded to     6,358        

the bureau pursuant to section 4507.021 of the Revised Code the    6,359        

conditions of probation imposed pursuant to division (G)(1) of     6,360        

this section.  The court shall give the offender a copy of its     6,361        

order, and that copy shall be used by the offender in lieu of a    6,362        

driver's or commercial driver's license or permit until the        6,363        

bureau issues a restricted license to the offender.                6,364        

      (3)  Upon receipt of an offender's driver's or commercial    6,366        

                                                          145    


                                                                 
driver's license or permit pursuant to division (G)(2) of this     6,367        

section, the bureau of motor vehicles shall issue a restricted     6,368        

license to the offender.  The restricted license shall be          6,369        

identical to the surrendered license, except that it shall have    6,370        

printed on its face a statement that the offender is prohibited    6,371        

from operating a motor vehicle that is not equipped with an        6,372        

ignition interlock device that is certified pursuant to section    6,373        

4511.83 of the Revised Code.  The bureau shall deliver the         6,374        

offender's surrendered license or permit to the court upon         6,375        

receipt of a court order requiring it to do so, or reissue the     6,376        

offender's license or permit under section 4507.54 of the Revised  6,377        

Code if the registrar destroyed the offender's license or permit   6,378        

under that section.  The offender shall surrender the restricted   6,379        

license to the court upon receipt of the offender's surrendered    6,380        

license or permit.                                                 6,381        

      (4)  If an offender violates a requirement of the court      6,383        

imposed under division (G)(1) of this section, the offender's      6,384        

driver's or commercial driver's license or permit or nonresident   6,385        

operating privilege may be suspended as provided in section        6,386        

4507.16 of the Revised Code.                                       6,387        

      (5)  As used in this division, "ignition interlock device"   6,389        

has the same meaning as in section 4511.83 of the Revised Code.    6,390        

      Sec. 2951.041.  (A)(1)  IF AN OFFENDER IS CHARGED WITH A     6,392        

CRIMINAL OFFENSE AND THE COURT HAS REASON TO BELIEVE THAT DRUG OR  6,394        

ALCOHOL USAGE BY THE OFFENDER WAS A FACTOR LEADING TO THE          6,395        

OFFENDER'S CRIMINAL BEHAVIOR, THE COURT MAY ACCEPT, PRIOR TO THE   6,396        

ENTRY OF A GUILTY PLEA, THE OFFENDER'S REQUEST FOR INTERVENTION    6,397        

IN LIEU OF CONVICTION.  THE REQUEST SHALL INCLUDE A WAIVER OF THE  6,399        

DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE  6,400        

TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN            6,401        

INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE       6,402        

HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED.  THE     6,404        

COURT MAY REJECT AN OFFENDER'S REQUEST WITHOUT A HEARING.  IF THE  6,406        

COURT ELECTS TO CONSIDER AN OFFENDER'S REQUEST, THE COURT SHALL    6,407        

                                                          146    


                                                                 
CONDUCT A HEARING TO DETERMINE WHETHER THE OFFENDER IS ELIGIBLE    6,408        

UNDER THIS SECTION FOR INTERVENTION IN LIEU OF CONVICTION AND      6,409        

SHALL STAY ALL CRIMINAL PROCEEDINGS PENDING THE OUTCOME OF THE     6,410        

HEARING.  IF THE COURT SCHEDULES A HEARING, THE COURT SHALL ORDER  6,411        

AN ASSESSMENT OF THE OFFENDER FOR THE PURPOSE OF DETERMINING THE   6,412        

OFFENDER'S ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION AND  6,413        

RECOMMENDING AN APPROPRIATE INTERVENTION PLAN.                     6,414        

      (2)  THE VICTIM NOTIFICATION PROVISIONS OF DIVISION (C) OF   6,417        

SECTION 2930.08 OF THE REVISED CODE APPLY IN RELATION TO ANY       6,418        

HEARING HELD UNDER DIVISION (A)(1) OF THIS SECTION.                6,420        

      (B)  AN OFFENDER IS ELIGIBLE FOR INTERVENTION IN LIEU OF     6,423        

CONVICTION IF THE COURT FINDS ALL OF THE FOLLOWING:                6,424        

      (1)  THE OFFENDER PREVIOUSLY HAS NOT BEEN CONVICTED OF OR    6,426        

PLEADED GUILTY TO A FELONY, PREVIOUSLY HAS NOT BEEN THROUGH        6,427        

INTERVENTION IN LIEU OF CONVICTION UNDER THIS SECTION OR ANY       6,428        

SIMILAR REGIMEN, AND IS CHARGED WITH A FELONY FOR WHICH THE        6,429        

COURT, UPON CONVICTION, WOULD IMPOSE SENTENCE UNDER DIVISION       6,431        

(B)(2)(b) OF SECTION 2929.13 OF THE REVISED CODE OR WITH A         6,433        

MISDEMEANOR.                                                       6,434        

      (2)  THE OFFENSE IS NOT AN OFFENSE OF VIOLENCE, IS NOT A     6,436        

VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE   6,438        

OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO THAT     6,439        

DIVISION, AND IS NOT AN OFFENSE FOR WHICH A SENTENCING COURT IS    6,440        

REQUIRED TO IMPOSE A MANDATORY PRISON TERM, A MANDATORY TERM OF    6,441        

LOCAL INCARCERATION, OR A MANDATORY TERM OF IMPRISONMENT IN A      6,442        

JAIL.                                                                           

      (3)  THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF         6,444        

SECTION 2925.02, 2925.03, 2925.04, 2925.06, OR 2925.11 OF THE      6,446        

REVISED CODE THAT IS A FELONY OF THE FIRST, SECOND, OR THIRD       6,447        

DEGREE.                                                                         

      (4)  THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF         6,449        

SECTION 2925.11 OF THE REVISED CODE THAT IS A FELONY OF THE        6,450        

FOURTH DEGREE, OR THE OFFENDER IS CHARGED WITH A VIOLATION OF      6,451        

THAT SECTION THAT IS A FELONY OF THE FOURTH DEGREE, AND THE        6,452        

                                                          147    


                                                                 
PROSECUTOR IN THE CASE HAS RECOMMENDED THAT THE OFFENDER BE        6,453        

CLASSIFIED AS BEING ELIGIBLE FOR INTERVENTION IN LIEU OF           6,454        

CONVICTION UNDER THIS SECTION.                                     6,455        

      (5)  THE OFFENDER HAS BEEN ASSESSED BY AN APPROPRIATELY      6,457        

LICENSED PROVIDER, CERTIFIED FACILITY, OR LICENSED AND             6,458        

CREDENTIALED PROFESSIONAL, INCLUDING, BUT NOT LIMITED TO, A        6,459        

PROGRAM LICENSED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION   6,460        

SERVICES PURSUANT TO SECTION 3793.11 OF THE REVISED CODE, A        6,462        

PROGRAM CERTIFIED BY THAT DEPARTMENT PURSUANT TO SECTION 3793.06   6,463        

OF THE REVISED CODE, A PUBLIC OR PRIVATE HOSPITAL, THE UNITED      6,466        

STATES DEPARTMENT OF VETERANS AFFAIRS, ANOTHER APPROPRIATE AGENCY  6,467        

OF THE GOVERNMENT OF THE UNITED STATES, OR A LICENSED PHYSICIAN,   6,470        

PSYCHIATRIST, PSYCHOLOGIST, INDEPENDENT SOCIAL WORKER,             6,471        

PROFESSIONAL COUNSELOR, OR CHEMICAL DEPENDENCY COUNSELOR FOR THE   6,472        

PURPOSE OF DETERMINING THE OFFENDER'S ELIGIBILITY FOR                           

INTERVENTION IN LIEU OF CONVICTION AND RECOMMENDING AN             6,473        

APPROPRIATE INTERVENTION PLAN.                                     6,474        

      (6)  THE OFFENDER'S DRUG OR ALCOHOL USAGE WAS A FACTOR       6,476        

LEADING TO THE CRIMINAL OFFENSE WITH WHICH THE OFFENDER IS         6,477        

CHARGED, INTERVENTION IN LIEU OF CONVICTION WOULD NOT DEMEAN THE   6,478        

SERIOUSNESS OF THE OFFENSE, AND INTERVENTION WOULD SUBSTANTIALLY   6,479        

REDUCE THE LIKELIHOOD OF ANY FUTURE CRIMINAL ACTIVITY.             6,480        

      (7)  THE OFFENDER IS WILLING TO COMPLY WITH ALL TERMS AND    6,482        

CONDITIONS IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS   6,484        

SECTION.                                                                        

      (C)  AT THE CONCLUSION OF A HEARING HELD PURSUANT TO         6,487        

DIVISION (A) OF THIS SECTION, THE COURT SHALL ENTER ITS            6,489        

DETERMINATION AS TO WHETHER THE OFFENDER IS ELIGIBLE FOR           6,490        

INTERVENTION IN LIEU OF CONVICTION AND AS TO WHETHER TO GRANT THE  6,491        

OFFENDER'S REQUEST.  IF THE COURT FINDS THAT THE OFFENDER IS       6,492        

ELIGIBLE AND GRANTS THE OFFENDER'S REQUEST, THE COURT SHALL        6,493        

ACCEPT THE OFFENDER'S PLEA OF GUILTY AND WAIVER OF THE             6,494        

DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE  6,495        

TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN            6,496        

                                                          148    


                                                                 
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE       6,497        

HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED.  IN      6,498        

ADDITION, THE COURT THEN MAY STAY ALL CRIMINAL PROCEEDINGS AND     6,499        

ORDER THE OFFENDER TO COMPLY WITH ALL TERMS AND CONDITIONS         6,500        

IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS SECTION.     6,501        

IF THE COURT FINDS THAT THE OFFENDER IS NOT ELIGIBLE OR DOES NOT   6,502        

GRANT THE OFFENDER'S REQUEST, THE CRIMINAL PROCEEDINGS AGAINST     6,503        

THE OFFENDER SHALL PROCEED AS IF THE OFFENDER'S REQUEST FOR        6,504        

INTERVENTION IN LIEU OF CONVICTION HAD NOT BEEN MADE.              6,505        

      (D)  IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR           6,508        

INTERVENTION IN LIEU OF CONVICTION, THE COURT SHALL PLACE THE      6,509        

OFFENDER UNDER THE GENERAL CONTROL AND SUPERVISION OF THE COUNTY   6,510        

PROBATION DEPARTMENT, THE ADULT PAROLE AUTHORITY, OR ANOTHER       6,511        

APPROPRIATE LOCAL PROBATION OR COURT SERVICES AGENCY, IF ONE       6,512        

EXISTS, AS IF THE OFFENDER WAS SUBJECT TO A COMMUNITY CONTROL      6,513        

SANCTION IMPOSED UNDER SECTION 2929.15 OR 2929.18 OF THE REVISED   6,514        

CODE OR WAS ON PROBATION UNDER SECTIONS 2929.51 AND 2951.02 OF     6,515        

THE REVISED CODE AND OTHER PROVISIONS OF THE MISDEMEANOR           6,517        

SENTENCING LAW.  THE COURT SHALL ESTABLISH AN INTERVENTION PLAN    6,518        

FOR THE OFFENDER.  THE TERMS AND CONDITIONS OF THE INTERVENTION    6,519        

PLAN SHALL REQUIRE THE OFFENDER, FOR AT LEAST ONE YEAR FROM THE    6,520        

DATE ON WHICH THE COURT GRANTS THE ORDER OF INTERVENTION IN LIEU   6,521        

OF CONVICTION, TO ABSTAIN FROM THE USE OF ILLEGAL DRUGS AND        6,522        

ALCOHOL AND TO SUBMIT TO REGULAR RANDOM TESTING FOR DRUG AND       6,523        

ALCOHOL USE AND MAY INCLUDE ANY OTHER TREATMENT TERMS AND          6,524        

CONDITIONS, OR TERMS AND CONDITIONS SIMILAR TO COMMUNITY CONTROL   6,525        

SANCTIONS, THAT ARE ORDERED BY THE COURT.                          6,526        

      (E)  IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR           6,529        

INTERVENTION IN LIEU OF CONVICTION AND THE COURT FINDS THAT THE    6,530        

OFFENDER HAS SUCCESSFULLY COMPLETED THE INTERVENTION PLAN FOR THE  6,531        

OFFENDER, INCLUDING THE REQUIREMENT THAT THE OFFENDER ABSTAIN      6,532        

FROM USING DRUGS AND ALCOHOL FOR A PERIOD OF AT LEAST ONE YEAR     6,533        

FROM THE DATE ON WHICH THE COURT GRANTED THE ORDER OF              6,534        

INTERVENTION IN LIEU OF CONVICTION AND ALL OTHER TERMS AND         6,535        

                                                          149    


                                                                 
CONDITIONS ORDERED BY THE COURT, THE COURT SHALL DISMISS THE       6,536        

PROCEEDINGS AGAINST THE OFFENDER.  SUCCESSFUL COMPLETION OF THE    6,537        

INTERVENTION PLAN AND PERIOD OF ABSTINENCE UNDER THIS SECTION      6,538        

SHALL BE WITHOUT ADJUDICATION OF GUILT AND IS NOT A CRIMINAL       6,539        

CONVICTION FOR PURPOSES OF ANY DISQUALIFICATION OR DISABILITY      6,540        

IMPOSED BY LAW AND UPON CONVICTION OF A CRIME, AND THE COURT MAY   6,541        

ORDER THE SEALING OF RECORDS RELATED TO THE OFFENSE IN QUESTION    6,542        

IN THE MANNER PROVIDED IN SECTIONS 2953.31 TO 2953.36 OF THE       6,543        

REVISED CODE.                                                      6,544        

      (F)  IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR           6,547        

INTERVENTION IN LIEU OF CONVICTION AND THE OFFENDER FAILS TO       6,548        

COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF THE           6,549        

INTERVENTION PLAN FOR THE OFFENDER, THE SUPERVISING AUTHORITY FOR  6,550        

THE OFFENDER PROMPTLY SHALL ADVISE THE COURT OF THIS FAILURE, AND  6,551        

THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER THE OFFENDER   6,552        

FAILED TO COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF     6,553        

THE PLAN.  IF THE COURT DETERMINES THAT THE OFFENDER HAS FAILED    6,554        

TO COMPLY WITH ANY OF THOSE TERMS AND CONDITIONS, IT SHALL ENTER   6,555        

A FINDING OF GUILTY AND SHALL IMPOSE AN APPROPRIATE SANCTION       6,556        

UNDER SECTIONS 2929.15 TO 2929.18 OF THE REVISED CODE OR, IF THE   6,557        

OFFENSE IN QUESTION WAS A MISDEMEANOR, A SENTENCE UNDER SECTION    6,558        

2929.21 OF THE REVISED CODE AND OTHER PROVISIONS OF THE            6,560        

MISDEMEANOR SENTENCING LAW.  IF THE OFFENDER WAS CHARGED WITH A    6,561        

FELONY, IN PUNISHING THE OFFENDER FOR A VIOLATION, THE COURT       6,562        

SHALL CONSIDER SECTION 2929.13 AND DIVISION (E) OF SECTION         6,563        

2929.15 OF THE REVISED CODE.                                       6,564        

      (G)  AS USED IN THIS SECTION:                                6,567        

      (1)  "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS    6,569        

IN SECTION 2929.01 OF THE REVISED CODE.                            6,571        

      (2)  "INTERVENTION IN LIEU OF CONVICTION" MEANS ANY          6,573        

COURT-SUPERVISED ACTIVITY THAT COMPLIES WITH THIS SECTION.         6,575        

      Sec. 2953.08.  (A)  In addition to any other right to        6,585        

appeal and except as provided in division (D) of this section, a   6,586        

defendant who is convicted of or pleads guilty to a felony may     6,587        

                                                          150    


                                                                 
appeal as a matter of right the sentence imposed upon the          6,588        

defendant on one of the following grounds:                                      

      (1)  The sentence consisted of or included the maximum       6,590        

prison term allowed for the offense by division (A) of section     6,591        

2929.14 of the Revised Code and, THE SENTENCE was not imposed      6,593        

pursuant to division (D)(3)(b) of section 2929.14 of the Revised   6,594        

Code, THE MAXIMUM PRISON TERM WAS NOT REQUIRED FOR THE OFFENSE     6,595        

PURSUANT TO CHAPTER 2925. OR ANY OTHER PROVISION OF THE REVISED    6,596        

CODE, and the court imposed it THE SENTENCE under one of the       6,597        

following circumstances:                                                        

      (a)  The sentence was imposed for only one offense.          6,599        

      (b)  The sentence was imposed for two or more offenses       6,602        

arising out of a single incident, and the court imposed the        6,603        

maximum prison term for the offense of the highest degree.                      

      (2)  The sentence consisted of or included a prison term,    6,605        

the offense for which it was imposed is a felony of the fourth or  6,606        

fifth degree or is a felony drug offense that is a violation of a  6,607        

provision of Chapter 2925. of the Revised Code and that is         6,608        

specified as being subject to division (B) of section 2929.13 of   6,609        

the Revised Code for purposes of sentencing, and the court did     6,610        

not specify at sentencing that it found one or more factors        6,611        

specified in divisions (B)(1)(a) to (h)(i) of section 2929.13 of   6,613        

the Revised Code to apply relative to the defendant.  If the       6,615        

court specifies that it found one or more of those factors to      6,616        

apply relative to the defendant, the defendant is not entitled     6,617        

under this division to appeal as a matter of right the sentence    6,618        

imposed upon the offender.                                                      

      (3)  The person was convicted of or pleaded guilty to a      6,620        

sexually violent offense, was adjudicated as being a sexually      6,621        

violent predator, and was sentenced pursuant to division (A)(3)    6,622        

of section 2971.03 of the Revised Code, if the minimum term of     6,624        

the indefinite term imposed pursuant to division (A)(3) of                      

section 2971.03 of the Revised Code is the longest term available  6,625        

for the offense from among the range of terms listed in section    6,627        

                                                          151    


                                                                 
2929.14 of the Revised Code.  As used in this division, "sexually  6,629        

violent offense" and "sexually violent predator" have the same                  

meanings as in section 2971.01 of the Revised Code.                6,630        

      (4)  The sentence is contrary to law.                        6,632        

      (5)  THE SENTENCE CONSISTED OF AN ADDITIONAL PRISON TERM OF  6,634        

TEN YEARS IMPOSED PURSUANT TO DIVISION (D)(2)(b) OF SECTION        6,635        

2929.14 OF THE REVISED CODE.                                       6,636        

      (6)  The sentence consisted of an additional prison term of  6,638        

ten years imposed pursuant to division (D)(3)(b) of section        6,639        

2929.14 of the Revised Code.                                       6,640        

      (B)  In addition to any other right to appeal and except as  6,643        

provided in division (D) of this section, a prosecuting attorney,  6,644        

a city director of law, village solicitor, or similar chief legal  6,645        

officer of a municipal corporation, or the attorney general, if    6,646        

one of those persons prosecuted the case, may appeal as a matter   6,647        

of right a sentence imposed upon a defendant who is convicted of   6,648        

or pleads guilty to a felony or, in the circumstances described    6,649        

in division (B)(3) of this section the modification of a sentence  6,650        

imposed upon such a defendant, on any of the following grounds:    6,651        

      (1)  The sentence did not include a prison term despite a    6,654        

presumption favoring a prison term for the offense for which it    6,655        

was imposed, as set forth in section 2929.13 or Chapter 2925. of   6,656        

the Revised Code.                                                               

      (2)  The sentence is contrary to law.                        6,658        

      (3)  The sentence is a modification under section 2929.20    6,660        

of the Revised Code of a sentence that was imposed for a felony    6,661        

of the first or second degree.                                                  

      (C)  In addition to the right to appeal a sentence granted   6,664        

under division (A) or (B) of this section, a defendant who is      6,665        

convicted of or pleads guilty to a felony may seek leave to        6,666        

appeal a sentence imposed upon the defendant on the basis that     6,667        

the sentencing judge has imposed consecutive sentences under       6,668        

division (E)(3) or (4) of section 2929.14 of the Revised Code and  6,669        

that the consecutive sentences exceed the maximum prison term      6,670        

                                                          152    


                                                                 
allowed by division (A) of that section for the most serious       6,671        

offense of which the defendant was convicted.  Upon the filing of  6,672        

a motion under this division, the court of appeals may grant       6,674        

leave to appeal the sentence if the court determines that the      6,675        

allegation included as the basis of the motion is true.            6,676        

      (D)  A sentence imposed upon a defendant is not subject to   6,679        

review under this section if the sentence is authorized by law,    6,680        

has been recommended jointly by the defendant and the prosecution  6,681        

in the case, and is imposed by a sentencing judge.  A sentence     6,682        

imposed for aggravated murder or murder pursuant to sections       6,683        

2929.02 to 2929.06 of the Revised Code is not subject to review    6,684        

under this section.                                                             

      (E)  A defendant, prosecuting attorney, city director of     6,687        

law, village solicitor, or chief municipal legal officer shall     6,688        

file an appeal of a sentence under this section to a court of      6,689        

appeals within the time limits specified in Rule 4(B) of the       6,690        

Rules of Appellate Procedure, provided that if the appeal is       6,691        

pursuant to division (B)(3) of this section, the time limits       6,692        

specified in that rule shall not commence running until the court  6,693        

grants the motion that makes the sentence modification in          6,694        

question.  A sentence appeal under this section shall be           6,695        

consolidated with any other appeal in the case.  If no other       6,696        

appeal is filed, the court of appeals may review only the          6,697        

portions of the trial record that pertain to sentencing.           6,698        

      (F)  On the appeal of a sentence under this section, the     6,701        

record to be reviewed shall include all of the following, as       6,702        

applicable:                                                                     

      (1)  Any presentence, psychiatric, or other investigative    6,705        

report that was submitted to the court in writing before the       6,706        

sentence was imposed.  An appellate court that reviews a           6,707        

presentence investigation report prepared pursuant to section                   

2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in    6,708        

connection with the appeal of a sentence under this section shall  6,709        

comply with division (D)(3) of section 2951.03 of the Revised      6,710        

                                                          153    


                                                                 
Code when the appellate court is not using the presentence         6,711        

investigation report, and the appellate court's use of a                        

presentence investigation report of that nature in connection      6,712        

with the appeal of a sentence under this section does not affect   6,713        

the otherwise confidential character of the contents of that       6,714        

report as described in division (D)(1) of section 2951.03 of the   6,715        

Revised Code and does not cause that report to become a public     6,716        

record, as defined in section 149.43 of the Revised Code,                       

following the appellate court's use of the report.                 6,717        

      (2)  The trial record in the case in which the sentence was  6,720        

imposed;                                                                        

      (3)  Any oral or written statements made to or by the court  6,723        

at the sentencing hearing at which the sentence was imposed;       6,724        

      (4)  Any written findings that the court was required to     6,726        

make in connection with the modification of the sentence pursuant  6,727        

to a judicial release under division (H) of section 2929.20 of     6,729        

the Revised Code.                                                               

      (G)(1)  The court hearing an appeal of a sentence under      6,731        

division (A) or (B)(1) or (2) of this section may increase,        6,733        

reduce, or otherwise modify a sentence that is appealed under      6,734        

this section or may vacate the sentence and remand the matter to   6,735        

the trial court for resentencing if the court clearly and          6,736        

convincingly finds any of the following:                                        

      (a)  That the record does not support the sentence;          6,738        

      (b)  That the sentence included a prison term, that the      6,740        

offense for which it was imposed is a felony of the fourth or      6,741        

fifth degree or is a felony drug offense that is a violation of a  6,742        

provision of Chapter 2925. of the Revised Code and that is         6,743        

specified as being subject to division (B) of section 2929.13 of   6,744        

the Revised Code for purposes of sentencing, that the court did    6,745        

not specify in the finding it makes at sentencing that it found    6,746        

one or more of the factors specified in divisions (B)(1)(a) to     6,747        

(h) of section 2929.13 of the Revised Code to apply relative to    6,749        

the defendant who brought the appeal, and either that the                       

                                                          154    


                                                                 
procedures set forth in division (B) of section 2929.13 of the     6,750        

Revised Code for determining whether to impose a prison term for   6,752        

such an offense were not followed or that those procedures were    6,753        

followed but there is an insufficient basis for imposing a prison  6,754        

term for the offense;                                                           

      (c)  That the sentence did not include a prison term, that   6,756        

the offense for which it was imposed is a felony of the first or   6,757        

second degree or is a felony drug offense that is a violation of   6,758        

a provision of Chapter 2925. of the Revised Code for which a       6,759        

presumption in favor of a prison term is specified as being        6,760        

applicable, and either that the procedures set forth in division   6,761        

(D) of section 2929.13 of the Revised Code that set forth the      6,762        

only circumstances in which the presumption may be overridden and  6,763        

a sanction other than a prison term may be imposed in lieu of a    6,764        

prison term were not followed or that those procedures were        6,765        

followed but there is an insufficient basis for overriding the     6,766        

presumption and imposing a sanction other than a prison term for   6,767        

the offense;                                                       6,768        

      (d)  That the sentence is otherwise contrary to law.         6,770        

      (2)  The court hearing an appeal under division (B)(3) of    6,772        

this section of a trial court's modification pursuant to section   6,773        

2929.20 of the Revised Code of a sentence that was imposed upon a  6,774        

defendant for a felony of a first or second degree may overturn    6,775        

the modification and reinstate the original sentence, or may       6,776        

vacate the modification of the sentence and remand the matter to   6,777        

the trial court for reconsideration, only if the court clearly                  

and convincingly finds any of the following:                       6,778        

      (a)  That the record does not support the modification       6,780        

based on the criteria for modification set forth in division (H)   6,781        

of section 2929.20 of the Revised Code;                            6,782        

      (b)  That the modification was not made in accordance with   6,784        

the procedures set forth in section 2929.20 of the Revised Code,   6,785        

that the defendant was not eligible for the modification under     6,786        

that section, or that the modification otherwise was contrary to   6,787        

                                                          155    


                                                                 
law.                                                                            

      (H)  A judgment or final order of a court of appeals under   6,790        

this section may be appealed, by leave of court, to the supreme    6,791        

court.                                                                          

      (I)(1)  There is hereby established the felony sentence      6,794        

appeal cost oversight committee, consisting of eight members.      6,795        

One member shall be the chief justice of the supreme court or a    6,796        

representative of the court designated by the chief justice, one   6,797        

member shall be a member of the senate appointed by the president  6,798        

of the senate, one member shall be a member of the house of        6,799        

representatives appointed by the speaker of the house of           6,800        

representatives, one member shall be the director of budget and    6,801        

management or a representative of the office of budget and         6,802        

management designated by the director, one member shall be a       6,803        

judge of a court of appeals, court of common pleas, municipal      6,804        

court, or county court appointed by the chief justice of the       6,805        

supreme court, one member shall be the state public defender or a  6,806        

representative of the office of the state public defender          6,807        

designated by the state public defender, one member shall be a     6,808        

prosecuting attorney appointed by the Ohio prosecuting attorneys   6,809        

association, and one member shall be a county commissioner         6,810        

appointed by the county commissioners association of Ohio.  No     6,811        

more than three of the appointed members of the committee may be   6,812        

members of the same political party.                                            

      The president of the senate, the speaker of the house of     6,814        

representatives, the chief justice of the supreme court, the Ohio  6,816        

prosecuting attorneys association, and the county commissioners                 

association of Ohio shall make the initial appointments to the     6,818        

committee of the appointed members no later than ninety days       6,819        

after July 1, 1996.  Of those initial appointments to the          6,820        

committee, the members appointed by the speaker of the house of    6,821        

representatives and the Ohio prosecuting attorneys association     6,823        

shall serve a term ending two years after July 1, 1996, the                     

member appointed by the chief justice of the supreme court shall   6,825        

                                                          156    


                                                                 
serve a term ending three years after July 1, 1996, and the        6,826        

members appointed by the president of the senate and the county    6,828        

commissioners association of Ohio shall serve terms ending four    6,830        

years after July 1, 1996.  Thereafter, terms of office of the                   

appointed members shall be for four years, with each term ending   6,832        

on the same day of the same month as did the term that it          6,833        

succeeds.  Members may be reappointed.  Vacancies shall be filled  6,834        

in the same manner provided for original appointments.  A member   6,835        

appointed to fill a vacancy occurring prior to the expiration of   6,836        

the term for which that member's predecessor was appointed shall   6,837        

hold office as a member for the remainder of the predecessor's     6,838        

term.  An appointed member shall continue in office subsequent to  6,839        

the expiration date of that member's term until that member's      6,840        

successor takes office or until a period of sixty days has         6,841        

elapsed, whichever occurs first.                                   6,842        

      If the chief justice of the supreme court, the director of   6,844        

the office of budget and management, or the state public defender  6,846        

serves as a member of the committee, that person's term of office  6,847        

as a member shall continue for as long as that person holds        6,848        

office as chief justice, director of the office of budget and      6,849        

management, or state public defender.  If the chief justice of     6,850        

the supreme court designates a representative of the court to                   

serve as a member, the director of budget and management           6,851        

designates a representative of the office of budget and            6,852        

management to serve as a member, or the state public defender      6,854        

designates a representative of the office of the state public      6,855        

defender to serve as a member, the person so designated shall      6,856        

serve as a member of the commission for as long as the official    6,857        

who made the designation holds office as chief justice, director   6,858        

of the office of budget and management, or state public defender   6,859        

or until that official revokes the designation.                                 

      The chief justice of the supreme court or the                6,861        

representative of the supreme court appointed by the chief         6,862        

justice shall serve as chairperson of the committee.  The          6,863        

                                                          157    


                                                                 
committee shall meet within two weeks after all appointed members  6,864        

have been appointed and shall organize as necessary.  Thereafter,  6,865        

the committee shall meet at least once every six months or more    6,866        

often upon the call of the chairperson or the written request of   6,867        

three or more members, provided that the committee shall not meet  6,868        

unless moneys have been appropriated to the judiciary budget       6,869        

administered by the supreme court specifically for the purpose of  6,870        

providing financial assistance to counties under division (I)(2)   6,871        

of this section and the moneys so appropriated then are available  6,872        

for that purpose.                                                               

      The members of the committee shall serve without             6,874        

compensation, but, if moneys have been appropriated to the         6,875        

judiciary budget administered by the supreme court specifically    6,876        

for the purpose of providing financial assistance to counties      6,877        

under division (I)(2) of this section, each member shall be        6,878        

reimbursed out of the moneys so appropriated that then are         6,879        

available for actual and necessary expenses incurred in the        6,880        

performance of official duties as a committee member.              6,881        

      (2)  The state criminal sentencing commission periodically   6,883        

shall provide to the felony sentence appeal cost oversight         6,884        

committee all data the commission collects pursuant to division    6,885        

(A)(5) of section 181.25 of the Revised Code.  Upon receipt of     6,887        

the data from the state criminal sentencing commission, the        6,888        

felony sentence appeal cost oversight committee periodically       6,889        

shall review the data; determine whether any money has been        6,890        

appropriated to the judiciary budget administered by the supreme   6,891        

court specifically for the purpose of providing state financial    6,892        

assistance to counties in accordance with this division for the    6,893        

increase in expenses the counties experience as a result of the    6,894        

felony sentence appeal provisions set forth in this section or as  6,895        

a result of a postconviction relief proceeding brought under       6,896        

division (A)(2) of section 2953.21 of the Revised Code or an       6,897        

appeal of a judgment in that proceeding; if it determines that     6,898        

any money has been so appropriated, determine the total amount of  6,899        

                                                          158    


                                                                 
moneys that have been so appropriated specifically for that        6,900        

purpose and that then are available for that purpose; and develop  6,901        

a recommended method of distributing those moneys to the           6,902        

counties.  The committee shall send a copy of its recommendation   6,903        

to the supreme court.  Upon receipt of the committee's             6,904        

recommendation, the supreme court shall distribute to the          6,905        

counties, based upon that recommendation, the moneys that have     6,906        

been so appropriated specifically for the purpose of providing                  

state financial assistance to counties under this division and     6,908        

that then are available for that purpose.                                       

      Sec. 2967.13.  (A)  Except as provided in division (M)(G)    6,920        

of this section, a prisoner serving a sentence of imprisonment     6,922        

for life for an offense committed on or after July 1, 1996, is     6,923        

not entitled to any earned credit under section 2967.193 of the    6,924        

Revised Code Except as provided in division (M) of this section,                

a and becomes eligible for parole as follows:                      6,925        

      (1)  If a sentence of imprisonment for life was imposed for  6,927        

the offense of murder, at the expiration of the prisoner's         6,928        

minimum term;                                                                   

      (2)  If a sentence of imprisonment for life with parole      6,931        

eligibility after serving twenty years of imprisonment was         6,932        

imposed pursuant to section 2929.022 or 2929.03 of the Revised     6,933        

Code July 1, 1996,, after serving a term of twenty years Except    6,934        

as provided in division (M) of this section, a;                                 

      (3)  If a sentence of imprisonment for life with parole      6,937        

eligibility after serving twenty-five full years of imprisonment   6,938        

was imposed pursuant to section 2929.022 or 2929.03 of the         6,939        

Revised Code July 1, 1996,, after serving a term of twenty-five                 

full years, Except as provided in division (M) of this section,    6,940        

a;                                                                              

      (4)  If a sentence of imprisonment for life with parole      6,943        

eligibility after serving thirty full years of imprisonment was    6,944        

imposed pursuant to section 2929.022 or 2929.03 of the Revised     6,945        

Code July 1, 1996,, after serving a term of thirty full years,     6,946        

                                                          159    


                                                                 
Except as provided in division (M) of this section, a;                          

      (5)  If a sentence of imprisonment for life was imposed for  6,948        

rape, after serving a term of ten full years' imprisonment;        6,949        

      (6)  IF A SENTENCE OF IMPRISONMENT FOR LIFE WITH PAROLE      6,951        

ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT WAS        6,952        

IMPOSED FOR A VIOLATION OF SECTION 2927.24 OF THE REVISED CODE,    6,953        

AFTER SERVING A TERM OF FIFTEEN YEARS.                                          

      (B)  Except as provided in division (M)(G) of this section,  6,955        

a prisoner serving a sentence of imprisonment for life with        6,957        

parole eligibility after serving twenty years of imprisonment or   6,958        

a sentence of imprisonment for life with parole eligibility after  6,959        

serving twenty-five full years or thirty full years of                          

imprisonment imposed pursuant to section 2929.022 or 2929.03 of    6,960        

the Revised Code for an offense committed on or after July 1,      6,962        

1996, consecutively to any other term of imprisonment, becomes     6,963        

eligible for parole after serving twenty years, twenty full                     

years, or thirty full years, as applicable, as to each such        6,965        

sentence of life imprisonment, which shall not be reduced for                   

earned credits under section 2967.193 of the Revised Code, plus    6,966        

the term or terms of the other sentences consecutively imposed     6,967        

or, if one of the other sentences is another type of life          6,968        

sentence with parole eligibility, the number of years before       6,969        

parole eligibility for that sentence.                                           

      Except as provided in division (M) of this section, a July   6,971        

1, 1996 with parole eligibility                                    6,972        

      Except as provided in division (M) of this section, a July   6,974        

1, 1996 with parole eligibility                                    6,975        

      (C)  Except as provided in division (M)(G) of this section,  6,977        

a prisoner serving consecutively two or more sentences in which    6,979        

an indefinite term of imprisonment is imposed becomes eligible                  

for parole upon the expiration of the aggregate of the minimum     6,980        

terms of the sentences.                                            6,981        

      (D)  Except as provided in division (M)(G) of this section,  6,983        

a prisoner serving a term of imprisonment who is described in      6,985        

                                                          160    


                                                                 
division (A) of section 2967.021 of the Revised Code becomes                    

eligible for parole as described in that division or, if the       6,986        

prisoner is serving a definite term of imprisonment, shall be      6,988        

released as described in that division.                                         

      Except as provided in division (M) of this section, a        6,990        

      (E)  A prisoner serving a sentence of life imprisonment      6,992        

without parole imposed pursuant to section 2929.03 or 2929.06 of   6,993        

the Revised Code is not eligible for parole and shall be           6,994        

imprisoned until death.                                                         

      (F)  A prisoner serving a stated prison term shall be        6,996        

released in accordance with section 2967.28 of the Revised Code.   6,997        

      (M)(G)  A prisoner serving a prison term or term of life     6,999        

imprisonment without parole imposed pursuant to section 2971.03    7,000        

of the Revised Code never becomes eligible for parole during that  7,001        

term of imprisonment.                                                           

      Sec. 2967.131.  (A)  In addition to any other terms and      7,010        

conditions of a conditional pardon or parole, of transitional      7,012        

control, or of another form of authorized release from             7,014        

confinement in a state correctional institution that is granted    7,015        

to an individual and that involves the placement of the                         

individual under the supervision of the adult parole authority,    7,016        

and in addition to any other sanctions of post-release control of  7,017        

a felon imposed under section 2967.28 of the Revised Code, the     7,018        

authority or, in the case of a conditional pardon, the governor    7,019        

shall include in the terms and conditions of the conditional       7,020        

pardon, parole, transitional control, or other form of authorized  7,021        

release or shall include as a condition CONDITIONS of the          7,023        

post-release control the condition CONDITIONS THAT THE INDIVIDUAL  7,024        

OR FELON NOT LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR    7,025        

THE INDIVIDUAL'S OR FELON'S PAROLE OR PROBATION OFFICER AND that   7,026        

the individual or felon abide by the law, including, but not       7,028        

limited to, complying with the provisions of Chapter 2923. of the  7,030        

Revised Code relating to the possession, sale, furnishing,         7,031        

transfer, disposition, purchase, acquisition, carrying,            7,032        

                                                          161    


                                                                 
conveying, or use of, or other conduct involving, a firearm or                  

dangerous ordnance, as defined in section 2923.11 of the Revised   7,033        

Code, during the period of the individual's or felon's             7,035        

conditional pardon, parole, transitional control, other form of    7,037        

authorized release, or post-release control.                       7,039        

      (B)  During the period of a conditional pardon or parole,    7,041        

of transitional control, or of another form of authorized release  7,044        

from confinement in a state correctional institution that is       7,045        

granted to an individual and that involves the placement of the    7,046        

individual under the supervision of the adult parole authority,                 

and during a period of post-release control of a felon imposed     7,047        

under section 2967.28 of the Revised Code, authorized field        7,049        

officers of the authority who are engaged within the scope of                   

their supervisory duties or responsibilities may search, with or   7,050        

without a warrant, the person of the individual or felon, the      7,052        

place of residence of the individual or felon, and a motor         7,055        

vehicle, another item of tangible or intangible personal                        

property, or other real property in which the individual or felon  7,057        

has a right, title, or interest or for which the individual or     7,059        

felon has the express or implied permission of a person with a     7,062        

right, title, or interest to use, occupy, or possess, if the       7,063        

field officers have reasonable grounds to believe that the         7,065        

individual or felon HAS LEFT THE STATE, is not abiding by the      7,067        

law, or otherwise is not complying with the terms and conditions   7,068        

of the individual's or felon's conditional pardon, parole,         7,069        

transitional control, other form of authorized release, or         7,072        

post-release control.  The authority shall provide each            7,073        

individual who is granted a conditional pardon or parole,          7,074        

transitional control, or another form of authorized release from   7,075        

confinement in a state correctional institution and each felon     7,076        

who is under post-release control with a written notice that       7,078        

informs the individual or felon that authorized field officers of  7,080        

the authority who are engaged within the scope of their            7,083        

supervisory duties or responsibilities may conduct those types of  7,084        

                                                          162    


                                                                 
searches during the period of the conditional pardon, parole,      7,085        

transitional control, other form of authorized release, or         7,086        

post-release control if they have reasonable grounds to believe    7,087        

that the individual or felon HAS LEFT THE STATE, is not abiding    7,089        

by the law, or otherwise is not complying with the terms and       7,090        

conditions of the individual's or felon's conditional pardon,      7,093        

parole, transitional control, other form of authorized release,    7,095        

or post-release control.                                                        

      Sec. 2967.141.  (A)  As used in this section, "alternative   7,105        

residential facility" has the same meaning as in section 2929.01   7,106        

of the Revised Code.                                               7,107        

      (B)  The department of rehabilitation and correction,        7,110        

through its division of parole and community services, may         7,111        

operate or contract for the operation of one or more violation     7,112        

sanction centers as an alternative residential facility.  A        7,113        

violation sanction center operated under authority of this         7,114        

division is not a prison within the meaning of division (CC)(BB)   7,115        

of section 2929.01 of the Revised Code.  A violation sanction      7,116        

center operated under authority of this division may be used for   7,117        

either of the following purposes:                                  7,118        

      (1)  Service of the term of a more restrictive post-release  7,121        

control sanction that the parole board, subsequent to a hearing,   7,122        

imposes pursuant to division (F)(2) of section 2967.28 of the      7,124        

Revised Code upon a releasee who has violated a post-release       7,125        

control sanction imposed upon the releasee under that section;     7,126        

      (2)  Service of a sanction that the adult parole authority   7,128        

or parole board imposes upon a parolee whom the authority          7,129        

determines to be a parole violator because of a violation of the   7,130        

terms and conditions of the parolee's parole or conditional        7,131        

pardon.                                                            7,132        

      (C)  If a violation sanction center is established under     7,135        

the authority of this section, notwithstanding the fact that the   7,136        

center is an alternative residential facility for the purposes     7,137        

described in division (B) of this section, the center shall be     7,139        

                                                          163    


                                                                 
used only for the purposes described in that division.  A                       

violation sanction center established under the authority of this  7,140        

section is not an alternative residential facility for the         7,141        

purpose of imposing sentence on an offender who is convicted of    7,142        

or pleads guilty to a felony, and a court that is sentencing an    7,144        

offender for a felony pursuant to sections 2929.11 to 2929.19 of                

the Revised Code shall not sentence the offender to a community    7,146        

residential sanction that requires the offender to serve a term    7,147        

in the center.                                                                  

      (D)  If a releasee is ordered to serve a sanction in a       7,149        

violation sanction center, as described in division (B)(1) of      7,150        

this section, all of the following apply:                          7,151        

      (1)  The releasee shall not be considered to be under a new  7,153        

prison term for a violation of post-release control.               7,154        

      (2)  The time the releasee serves in the center shall not    7,156        

count toward, and shall not be considered in determining, the      7,157        

maximum cumulative prison term for all violations that is          7,158        

described in division (F)(3) of section 2967.28 of the Revised     7,159        

Code.                                                                           

      (3)  The time the releasee serves in the center shall count  7,161        

as part of, and shall be credited toward, the remaining period of  7,162        

post-release control that is applicable to the releasee.           7,163        

      Sec. 2967.16.  (A)  Except as provided in division (D) of    7,172        

this section, when a paroled prisoner has faithfully performed     7,175        

the conditions and obligations of the paroled prisoner's parole                 

and has obeyed the rules and regulations adopted by the adult      7,176        

parole authority that apply to the paroled prisoner, the           7,177        

authority upon the recommendation of the superintendent of parole  7,178        

supervision may enter upon its minutes a final release and         7,179        

thereupon shall issue to the paroled prisoner a certificate of     7,180        

final release, but the authority shall not grant a final release   7,181        

earlier than one year after the paroled prisoner is released from  7,182        

the institution on parole, and, in the case of a paroled prisoner  7,184        

whose minimum sentence is life imprisonment, the authority shall   7,185        

                                                          164    


                                                                 
not grant a final release earlier than five years after the                     

paroled prisoner is released from the institution on parole.       7,186        

      (B)  When a prisoner who has been released under a period    7,188        

of post-release control pursuant to section 2967.28 of the         7,189        

Revised Code has faithfully performed the conditions and           7,191        

obligations of the released prisoner's post-release control                     

sanctions and has obeyed the rules and regulations adopted by the  7,193        

adult parole authority that apply to the released prisoner, the    7,194        

authority, upon the recommendation of the superintendent of        7,195        

parole supervision, may enter upon its minutes a final release     7,196        

and, upon the entry of the final release, shall issue to the       7,197        

released prisoner a certificate of final release.  The IN THE      7,199        

CASE OF A PRISONER WHO HAS BEEN RELEASED UNDER A PERIOD OF         7,200        

POST-RELEASE CONTROL PURSUANT TO DIVISION (B) OF SECTION 2967.28                

OF THE REVISED CODE, THE authority shall not grant a final         7,201        

release earlier than one year after the released prisoner is       7,203        

released from the institution under a period of post-release       7,204        

control, and, in.  IN the case of a released prisoner whose        7,206        

sentence is life imprisonment, the authority shall not grant a     7,208        

final release earlier than five years after the released prisoner  7,209        

is released from the institution under a period of post-release    7,210        

control.                                                                        

      (C)  The following prisoners or person shall be restored to  7,212        

the rights and privileges forfeited by a conviction:               7,214        

      (1)  A prisoner who has served the entire prison term that   7,217        

comprises or is part of the prisoner's sentence and has not been   7,218        

placed under any post-release control sanctions;                                

      (2)  A prisoner who has been granted a final release by the  7,220        

adult parole authority pursuant to division (A) or (B) of this     7,221        

section;                                                           7,222        

      (3)  A person who has completed the period of a community    7,224        

control sanction or combination of community control sanctions,    7,226        

as defined in section 2929.01 of the Revised Code, that was        7,227        

imposed by the sentencing court.                                                

                                                          165    


                                                                 
      (D)  Division (A) of this section does not apply to a        7,229        

prisoner in the shock incarceration program established pursuant   7,230        

to section 5120.031 of the Revised Code.                           7,231        

      (E)  The adult parole authority shall record the final       7,233        

release of a parolee or prisoner in the official minutes of the    7,234        

authority.                                                                      

      Sec. 2967.26.  (A)(1)  The department of rehabilitation and  7,243        

correction, by rule, may establish a transitional control program  7,245        

for the purpose of closely monitoring a prisoner's adjustment to   7,246        

community supervision during the final one hundred eighty days of  7,247        

the prisoner's confinement.  If the department establishes a       7,248        

transitional control program under this division, the adult        7,249        

parole authority may transfer eligible prisoners to transitional   7,250        

control status under the program during the final one hundred      7,251        

eighty days of their confinement and under the terms and           7,252        

conditions established by the department, shall provide for the    7,253        

confinement as provided in this division of each eligible          7,254        

prisoner so transferred, and shall supervise each eligible         7,255        

prisoner so transferred in one or more community control           7,256        

sanctions.  Each eligible prisoner who is transferred to           7,257        

transitional control status under the program shall be confined    7,258        

in a suitable facility that is licensed pursuant to division (C)   7,260        

of section 2967.14 of the Revised Code, or shall be confined in a  7,261        

residence the department has approved for this purpose and be      7,262        

monitored pursuant to an electronic monitoring device, as defined  7,264        

in section 2929.23 of the Revised Code.  If the department         7,265        

establishes a transitional control program under this division,    7,266        

the rules establishing the program shall include criteria that     7,267        

define which prisoners are eligible for the program, criteria      7,268        

that must be satisfied to be approved as a residence that may be   7,269        

used for confinement under the program of a prisoner that is       7,270        

transferred to it and procedures for the department to approve     7,271        

residences that satisfy those criteria, and provisions of the      7,272        

type described in division (C) of this section.  At a minimum,     7,274        

                                                          166    


                                                                 
the criteria that define which prisoners are eligible for the      7,275        

program shall provide all of the following:                        7,276        

      (a)  That a prisoner is eligible for the program if the      7,279        

prisoner is serving a prison term or term of imprisonment for an   7,280        

offense committed prior to the effective date of this amendment    7,281        

and if, at the time at which eligibility is being determined, the  7,282        

prisoner would have been eligible for a furlough under this        7,283        

section as it existed immediately prior to the effective date of   7,284        

this amendment or would have been eligible for conditional         7,285        

release under former section 2967.23 of the Revised Code as that   7,286        

section existed immediately prior to the effective date of this    7,287        

amendment;                                                                      

      (b)  That no prisoner who is serving a mandatory prison      7,290        

term is eligible for the program until after expiration of the     7,291        

mandatory term;                                                                 

      (c)  That no prisoner who is serving a prison term or term   7,294        

of life imprisonment without parole imposed pursuant to section    7,295        

2971.03 of the Revised Code is eligible for the program.           7,297        

      (2)  At least three weeks prior to transferring to           7,300        

transitional control under this section a prisoner who is serving  7,301        

a term of imprisonment or prison term for an offense committed on  7,302        

or after July 1, 1996, the adult parole authority shall give       7,303        

notice of the pendency of the transfer to transitional control to  7,304        

the court of common pleas of the county in which the indictment    7,305        

against the prisoner was found and of the fact that the court may  7,306        

disapprove the transfer of the prisoner to transitional control    7,308        

AND SHALL INCLUDE A REPORT PREPARED BY THE HEAD OF THE STATE       7,309        

CORRECTIONAL INSTITUTION IN WHICH THE PRISONER IS CONFINED.  THE   7,310        

HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER   7,311        

IS CONFINED, UPON THE REQUEST OF THE ADULT PAROLE AUTHORITY,                    

SHALL PROVIDE TO THE AUTHORITY FOR INCLUSION IN THE NOTICE SENT    7,312        

TO THE COURT UNDER THIS DIVISION A REPORT ON THE PRISONER'S        7,313        

CONDUCT IN THE INSTITUTION AND IN ANY INSTITUTION FROM WHICH THE   7,314        

PRISONER MAY HAVE BEEN TRANSFERRED.  THE REPORT SHALL COVER THE    7,315        

                                                          167    


                                                                 
PRISONER'S PARTICIPATION IN SCHOOL, VOCATIONAL TRAINING, WORK,                  

TREATMENT, AND OTHER REHABILITATIVE ACTIVITIES AND ANY             7,316        

DISCIPLINARY ACTION TAKEN AGAINST THE PRISONER.  If the court      7,318        

disapproves of the transfer of the prisoner to transitional                     

control, the court shall notify the authority of the disapproval   7,320        

within ten THIRTY days after receipt of the notice.  If the court  7,322        

timely disapproves the transfer of the prisoner to transitional    7,324        

control, the authority shall not proceed with the transfer.  If    7,326        

the court does not timely disapprove the transfer of the prisoner  7,327        

to transitional control, the authority may transfer the prisoner   7,329        

to transitional control.                                                        

      (3)  If the victim of an offense for which a prisoner was    7,331        

sentenced to a prison term or term of imprisonment has requested   7,332        

notification under section 2930.16 of the Revised Code and has     7,333        

provided the department of rehabilitation and correction with the  7,334        

victim's name and address, the adult parole authority, at least    7,335        

three weeks prior to transferring the prisoner to transitional     7,337        

control pursuant to this section, shall notify the victim of the   7,338        

pendency of the transfer and of the victim's right to submit a     7,340        

statement to the authority regarding the impact of the transfer    7,341        

of the prisoner to transitional control.  If the victim            7,342        

subsequently submits a statement of that nature to the authority,  7,343        

the authority shall consider the statement in deciding whether to  7,344        

transfer the prisoner to transitional control.                     7,346        

      (B)  Each prisoner transferred to transitional control       7,349        

under this section shall be confined in the manner described in    7,350        

division (A) of this section during any period of time that the    7,351        

prisoner is not actually working at the prisoner's approved        7,352        

employment, engaged in a vocational training or another            7,354        

educational program, engaged in another program designated by the  7,357        

director, or engaged in other activities approved by the                        

department.                                                        7,358        

      (C)  The department of rehabilitation and correction shall   7,360        

adopt rules for transferring eligible prisoners to transitional    7,362        

                                                          168    


                                                                 
control, supervising and confining prisoners so transferred,       7,363        

administering the transitional control program in accordance with  7,365        

this section, and using the moneys deposited into the              7,366        

transitional control fund established under division (E) of this   7,367        

section.                                                                        

      (D)  The department of rehabilitation and correction may     7,369        

adopt rules for the issuance of passes for the limited purposes    7,370        

described in this division to prisoners who are transferred to     7,371        

transitional control under this section.  If the department        7,372        

adopts rules of that nature, the rules shall govern the granting   7,373        

of the passes and shall provide for the supervision of prisoners   7,374        

who are temporarily released pursuant to one of those passes.      7,375        

Upon the adoption of rules under this division, the department     7,377        

may issue passes to prisoners who are transferred to transitional  7,378        

control status under this section in accordance with the rules     7,379        

and the provisions of this division.  All passes issued under      7,380        

this division shall be for a maximum of forty-eight hours and may  7,381        

be issued only for the following purposes:                         7,382        

      (1)  To visit a dying relative;                              7,384        

      (2)  To attend the funeral of a relative;                    7,386        

      (3)  To visit with family;                                   7,388        

      (4)  To otherwise aid in the rehabilitation of the           7,390        

prisoner.                                                          7,391        

      (E)  The adult parole authority may require a prisoner who   7,395        

is transferred to transitional control to pay to the division of   7,396        

parole and community services the reasonable expenses incurred by  7,397        

the division in supervising or confining the prisoner while under  7,398        

transitional control.  Inability to pay those reasonable expenses  7,400        

shall not be grounds for refusing to transfer an otherwise         7,402        

eligible prisoner to transitional control.  Amounts received by    7,404        

the division of parole and community services under this division  7,406        

shall be deposited into the transitional control fund, which is    7,408        

hereby created in the state treasury and which hereby replaces     7,409        

and succeeds the furlough services fund that formerly existed in   7,410        

                                                          169    


                                                                 
the state treasury.  All moneys that remain in the furlough        7,411        

services fund on the effective date of this amendment shall be     7,412        

transferred on that date to the transitional control fund.  The    7,413        

transitional control fund shall be used solely to pay costs        7,414        

related to the operation of the transitional control program       7,415        

established under this section.  The director of rehabilitation    7,417        

and correction shall adopt rules in accordance with section        7,418        

111.15 of the Revised Code for the use of the fund.                             

      (F)  A prisoner who violates any rule established by the     7,420        

department of rehabilitation and correction under division (A),    7,422        

(C), or (D) of this section may be transferred to a state          7,424        

correctional institution pursuant to rules adopted under division  7,425        

(A), (C), or (D) of this section, but the prisoner shall receive   7,427        

credit towards completing the prisoner's sentence for the time     7,428        

spent under transitional control.                                  7,429        

      If a prisoner is transferred to transitional control under   7,431        

this section, upon successful completion of the period of          7,432        

transitional control, the prisoner may be released on parole or    7,434        

under post-release control pursuant to section 2967.13 or 2967.28  7,435        

of the Revised Code and rules adopted by the department of         7,436        

rehabilitation and correction.  If the prisoner is released under  7,437        

post-release control, the duration of the post-release control,    7,439        

the type of post-release control sanctions that may be imposed,    7,440        

the enforcement of the sanctions, and the treatment of prisoners   7,441        

who violate any sanction applicable to the prisoner are governed   7,442        

by section 2967.28 of the Revised Code.                            7,443        

      Sec. 2967.28.  (A)  As used in this section:                 7,452        

      (1)  "Monitored time" means the monitored time sanction      7,455        

specified in section 2929.17 of the Revised Code.                  7,456        

      (2)  "Deadly weapon" and "dangerous ordnance" have the same  7,459        

meanings as in section 2923.11 of the Revised Code.                7,460        

      (3)  "Felony sex offense" means a violation of a section     7,462        

contained in Chapter 2907. of the Revised Code that is a felony.   7,464        

      (B)  Each sentence to a prison term for a felony of the      7,467        

                                                          170    


                                                                 
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  7,469        

sex offense and in the commission of which the offender caused or  7,470        

threatened to cause physical harm to a person shall include a                   

requirement that the offender be subject to a period of            7,471        

post-release control imposed by the parole board after the         7,472        

offender's release from imprisonment.  Unless reduced by the       7,473        

parole board pursuant to division (D) of this section when         7,474        

authorized under that division, a period of post-release control   7,476        

required by this division for an offender shall be of one of the   7,477        

following periods:                                                              

      (1)  For a felony of the first degree or for a felony sex    7,479        

offense, five years;                                               7,480        

      (2)  For a felony of the second degree that is not a felony  7,482        

sex offense, three years;                                          7,483        

      (3)  For a felony of the third degree that is not a felony   7,485        

sex offense and in the commission of which the offender caused or  7,486        

threatened physical harm to a person, three years.                 7,487        

      (C)  Any sentence to a prison term for a felony of the       7,490        

third, fourth, or fifth degree that is not subject to division     7,491        

(B)(1) or (3) of this section shall include a requirement that     7,492        

the offender be subject to a period of post-release control of up  7,493        

to three years after the offender's release from imprisonment, if  7,494        

the parole board, in accordance with division (D) of this          7,495        

section, determines that a period of post-release control is       7,496        

necessary for that offender.                                                    

      (D)(1)  Before the prisoner is released from imprisonment,   7,499        

the parole board shall impose upon a prisoner described in         7,501        

division (B) of this section, may impose upon a prisoner           7,502        

described in division (C) of this section, and shall impose upon   7,503        

a prisoner described in division (B)(2)(b) of section 5120.031 or  7,504        

in division (B)(1) of section 5120.032 of the Revised Code, one    7,506        

or more post-release control sanctions to apply during the         7,507        

prisoner's period of post-release control.  Whenever the board                  

                                                          171    


                                                                 
imposes one or more post-release control sanctions upon a          7,508        

prisoner, the board, in addition to imposing the sanctions, also   7,509        

shall include as a condition of the post-release control THAT the  7,510        

mandatory condition described in division (A) of section 2967.131  7,512        

of the Revised Code INDIVIDUAL OR FELON NOT LEAVE THE STATE        7,513        

WITHOUT PERMISSION OF THE COURT OR THE INDIVIDUAL'S OR FELON'S                  

PAROLE OR PROBATION OFFICER AND THAT THE INDIVIDUAL OR FELON       7,514        

ABIDE BY THE LAW.  The board may impose any other conditions of    7,517        

release under a post-release control sanction that the board                    

considers appropriate, AND THE CONDITIONS OF RELEASE MAY INCLUDE   7,518        

ANY COMMUNITY RESIDENTIAL SANCTION, COMMUNITY NONRESIDENTIAL       7,519        

SANCTION, OR FINANCIAL SANCTION THAT THE SENTENCING COURT WAS      7,520        

AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 2929.16, 2929.17, AND    7,521        

2929.18 OF THE REVISED CODE.  Prior to the release of a prisoner   7,522        

for whom it will impose one or more post-release control           7,523        

sanctions under this division, the parole board shall review the                

prisoner's criminal history, all juvenile court adjudications      7,526        

finding the prisoner, while a juvenile, to be a delinquent child,  7,527        

and the record of the prisoner's conduct while imprisoned.  The    7,528        

parole board shall consider any recommendation regarding                        

post-release control sanctions for the prisoner made by the        7,529        

office of victims' services.  After considering those materials,   7,530        

the board shall determine, for a prisoner described in division    7,531        

(B) of this section, division (B)(2)(b) of section 5120.031, or    7,533        

division (B)(1) of section 5120.032 of the Revised Code, which     7,534        

post-release control sanction or combination of post-release       7,535        

control sanctions is reasonable under the circumstances or, for a  7,536        

prisoner described in division (C) of this section, whether a      7,537        

post-release control sanction is necessary and, if so, which       7,538        

post-release control sanction or combination of post-release       7,539        

control sanctions is reasonable under the circumstances.  In the   7,540        

case of a prisoner convicted of a felony of the fourth or fifth    7,542        

degree other than a felony sex offense, the board shall presume                 

that monitored time is the appropriate post-release control        7,543        

                                                          172    


                                                                 
sanction unless the board determines that a more restrictive       7,544        

sanction is warranted.  A post-release control sanction imposed    7,545        

under this division takes effect upon the prisoner's release from  7,546        

imprisonment.                                                      7,547        

      (2)  At any time after a prisoner is released from           7,550        

imprisonment and during the period of post-release control                      

applicable to the releasee, the adult parole authority may review  7,553        

the releasee's behavior under the post-release control sanctions   7,554        

imposed upon the releasee under this section.  The authority may                

determine, based upon the review and in accordance with the        7,555        

standards established under division (E) of this section, that a   7,556        

more restrictive or a less restrictive sanction is appropriate     7,558        

and may impose a different sanction.  Unless the period of         7,559        

post-release control was imposed for an offense described in       7,560        

division (B)(1) of this section, the authority also may recommend  7,561        

that the parole board reduce the duration of the period of         7,562        

post-release control imposed by the court.  If the authority       7,563        

recommends that the board reduce the duration of control for an    7,564        

offense described in division (B)(2), (B)(3), or (C) of this       7,565        

section, the board shall review the releasee's behavior and may    7,567        

reduce the duration of the period of control imposed by the        7,568        

court.  In no case shall the board reduce the duration of the      7,569        

period of control imposed by the court for an offense described                 

in division (B)(1) of this section, and in no case shall the       7,570        

board eliminate the mandatory condition described in division (A)  7,571        

of section 2967.131 of the Revised Code PERMIT THE RELEASEE TO     7,572        

LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR THE RELEASEE'S  7,573        

PAROLE OR PROBATION OFFICER.                                       7,574        

      (E)  The department of rehabilitation and correction, in     7,576        

accordance with Chapter 119. of the Revised Code, shall adopt      7,577        

rules that do all of the following:                                7,578        

      (1)  Establish standards for the imposition by the parole    7,581        

board of post-release control sanctions under this section that    7,582        

are consistent with the overriding purposes and sentencing                      

                                                          173    


                                                                 
principles set forth in section 2929.11 of the Revised Code and    7,584        

that are appropriate to the needs of releasees;                                 

      (2)  Establish standards by which the parole board can       7,586        

determine which prisoners described in division (C) of this        7,588        

section should be placed under a period of post-release control;   7,589        

      (3)  Establish standards to be used by the parole board in   7,592        

reducing the duration of the period of post-release control                     

imposed by the court when authorized under division (D) of this    7,593        

section, in imposing a more restrictive post-release control       7,595        

sanction than monitored time upon a prisoner convicted of a                     

felony of the fourth or fifth degree other than a felony sex       7,597        

offense, or in imposing a less restrictive control sanction upon   7,599        

a releasee based on the releasee's activities including, but not   7,600        

limited to, remaining free from criminal activity and from the     7,601        

abuse of alcohol or other drugs, successfully participating in     7,602        

approved rehabilitation programs, maintaining employment, and                   

paying restitution to the victim or meeting the terms of other     7,603        

financial sanctions;                                               7,604        

      (4)  Establish standards to be used by the adult parole      7,606        

authority in modifying a releasee's post-release control           7,607        

sanctions pursuant to division (D)(2) of this section;             7,608        

      (5)  Establish standards to be used by the adult parole      7,610        

authority or parole board in imposing further sanctions under      7,611        

division (F) of this section on releasees who violate              7,612        

post-release control sanctions, including standards that do the    7,613        

following:                                                                      

      (a)  Classify violations according to the degree of          7,615        

seriousness;                                                                    

      (b)  Define the circumstances under which formal action by   7,618        

the parole board is warranted;                                                  

      (c)  Govern the use of evidence at violation hearings;       7,620        

      (d)  Ensure procedural due process to an alleged violator;   7,622        

      (e)  Prescribe nonresidential community control sanctions    7,625        

for most misdemeanor and technical violations;                                  

                                                          174    


                                                                 
      (f)  Provide procedures for the return of a releasee to      7,627        

imprisonment for violations of post-release control.               7,628        

      (F)(1)  If a post-release control sanction is imposed upon   7,630        

an offender under this section, the offender upon release from     7,632        

imprisonment shall be under the general jurisdiction of the adult  7,634        

parole authority and generally shall be supervised by the parole   7,635        

supervision section through its staff of parole and field                       

officers as described in section 5149.04 of the Revised Code, as   7,637        

if the offender had been placed on parole.  If the offender upon   7,638        

release from imprisonment violates the post-release control        7,639        

sanction or the mandatory condition ANY CONDITIONS described in    7,640        

division (A) of section 2967.131 of the Revised Code THAT ARE      7,641        

IMPOSED ON THE OFFENDER, the public or private person or entity    7,643        

that operates or administers the sanction or the program or        7,644        

activity that comprises the sanction shall report the violation    7,645        

directly to the adult parole authority or to the officer of the    7,646        

authority who supervises the offender.  The authority's officers   7,647        

may treat the offender as if the offender were on parole and in    7,648        

violation of the parole, and otherwise shall comply with this      7,649        

section.                                                                        

      (2)  If the adult parole authority determines that a         7,651        

releasee has violated a post-release control sanction or the       7,652        

mandatory condition ANY CONDITIONS described in division (A) of    7,653        

section 2967.131 of the Revised Code imposed upon the releasee     7,656        

and that a more restrictive sanction is appropriate, the           7,657        

authority may impose a more restrictive sanction upon the                       

releasee, in accordance with the standards established under       7,658        

division (E) of this section, or may report the violation to the   7,660        

parole board for a hearing pursuant to division (F)(3) of this     7,662        

section.  The authority may not, pursuant to this division,                     

increase the duration of the releasee's post-release control, OR   7,663        

impose as a post-release control sanction a residential sanction   7,665        

that includes a prison term, or eliminate the mandatory condition  7,666        

described in division (A) of section 2967.131 BUT THE AUTHORITY    7,667        

                                                          175    


                                                                 
MAY IMPOSE ON THE RELEASEE ANY OTHER RESIDENTIAL SANCTION,         7,668        

NONRESIDENTIAL SANCTION, OR FINANCIAL SANCTION THAT THE                         

SENTENCING COURT WAS AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS     7,669        

2929.16, 2929.17, AND 2929.18 of the Revised Code.                 7,670        

      (3)  The parole board may hold a hearing on any alleged      7,673        

violation by a releasee of a post-release control sanction or the  7,674        

mandatory condition ANY CONDITIONS described in division (A) of    7,675        

section 2967.131 of the Revised Code THAT ARE imposed upon the     7,676        

releasee.  If after the hearing the board finds that the releasee  7,680        

violated the sanction or mandatory condition, the board may        7,681        

increase the duration of the releasee's post-release control up    7,682        

to the maximum duration authorized by division (B) or (C) of this  7,684        

section or impose a more restrictive post-release control                       

sanction, but in no case shall the board eliminate the mandatory   7,685        

condition described in division (A) of section 2967.131 of the     7,686        

Revised Code.  When appropriate, the board may impose as a         7,688        

post-release control sanction a residential sanction that          7,689        

includes a prison term.  The board shall consider a prison term    7,691        

as a post-release control sanction imposed for a violation of      7,692        

post-release control when the violation involves a deadly weapon   7,694        

or dangerous ordnance, physical harm or attempted serious          7,695        

physical harm to a person, or sexual misconduct, or when the       7,696        

releasee committed repeated violations of post-release control     7,697        

sanctions.  The period of a prison term that is imposed as a       7,699        

post-release control sanction under this division shall not                     

exceed nine months, and the maximum cumulative prison term for     7,700        

all violations under this section DIVISION shall not exceed        7,701        

one-half of the stated prison term originally imposed upon the     7,703        

offender as part of this sentence.  The period of a prison term    7,704        

that is imposed as a post-release control sanction under this      7,705        

division shall not count as, or be credited toward, the remaining  7,706        

period of post-release control.                                                 

      (4)  A releasee who has violated any post-release control    7,709        

sanction or the mandatory condition ANY CONDITIONS described in    7,710        

                                                          176    


                                                                 
division (A) of section 2967.131 of the Revised Code THAT ARE      7,711        

imposed upon the releasee by committing a felony may be            7,713        

prosecuted for the new felony, and, upon conviction, the court     7,714        

shall impose sentence for the new felony.  In addition to the      7,715        

sentence imposed for the new felony, the court may impose a        7,716        

prison term for the violation, and the term imposed for the        7,717        

violation shall be reduced by the prison term that is              7,718        

administratively imposed by the parole board or adult parole       7,719        

authority as a post-release control sanction.  The maximum prison  7,720        

term for the violation shall be either the maximum period of       7,721        

post-release control for the earlier felony under division (B) or  7,723        

(C) of this section minus any time the releasee has spent under    7,724        

post-release control for the earlier felony or twelve months,      7,725        

whichever is greater.  A prison term imposed for the violation     7,726        

shall be served consecutively to any prison term imposed for the   7,727        

new felony.  A prison term imposed for the violation, and a        7,728        

prison term imposed for the new felony, shall not count as, or be  7,729        

credited toward, the remaining period of post-release control                   

imposed for the earlier felony.                                    7,730        

      (5)  Any period of post-release control shall commence upon  7,732        

an offender's actual release from prison.  If an offender is       7,733        

serving an indefinite prison term or a life sentence in addition   7,734        

to a stated prison term, the offender shall serve the period of    7,735        

post-release control in the following manner:                      7,736        

      (a)  If a period of post-release control is imposed upon     7,738        

the offender and if the offender also is subject to a period of    7,739        

parole under a life sentence or an indefinite sentence, and if     7,740        

the period of post-release control ends prior to the period of     7,741        

parole, the offender shall be supervised on parole.  The offender  7,742        

shall receive credit for post-release control supervision during   7,743        

the period of parole.  The offender is not eligible for final      7,744        

release under section 2967.16 of the Revised Code until the        7,745        

post-release control period otherwise would have ended.            7,746        

      (b)  If a period of post-release control is imposed upon     7,748        

                                                          177    


                                                                 
the offender and if the offender also is subject to a period of    7,749        

parole under an indefinite sentence, and if the period of parole   7,750        

ends prior to the period of post-release control, the offender     7,751        

shall be supervised on post-release control.  The requirements of  7,752        

parole supervision shall be satisfied during the post-release      7,753        

control period.                                                                 

      (c)  If an offender is subject to more than one period of    7,755        

post-release control, the period of post-release control for all   7,756        

of the sentences shall be the period of post-release control that  7,757        

expires last, as determined by the parole board.  Periods of       7,758        

post-release control shall be served concurrently and shall not    7,759        

be imposed consecutively to each other.                                         

      (d)  The period of post-release control for a releasee who   7,762        

commits a felony while under post-release control for an earlier   7,763        

felony shall be the longer of the period of post-release control   7,764        

specified for the new felony under division (B) or (C) of this     7,765        

section or the time remaining under the period of post-release     7,766        

control imposed for the earlier felony as determined by the        7,767        

parole board.                                                                   

      Sec. 3719.121.  (A)  Except as otherwise provided in         7,776        

section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised       7,777        

Code, the license, certificate, or registration of any dentist,    7,779        

doctor of medicine or osteopathic medicine, podiatrist,            7,780        

registered nurse, licensed practical nurse, physician assistant,   7,781        

pharmacist, pharmacy intern, optometrist, or veterinarian who is   7,782        

or becomes addicted to the use of controlled substances shall be   7,784        

suspended by the board that authorized the person's license,       7,785        

certificate, or registration until the person offers satisfactory  7,787        

proof to the board that the person no longer is addicted to the    7,788        

use of controlled substances.                                      7,789        

      (B)  If the board under which a person has been issued a     7,792        

license, certificate, or evidence of registration determines that  7,794        

there is clear and convincing evidence that continuation of the    7,795        

person's professional practice or method of prescribing or         7,796        

                                                          178    


                                                                 
personally furnishing controlled substances presents a danger of   7,799        

immediate and serious harm to others, the board may suspend the    7,800        

person's license, certificate, or registration without a hearing.  7,801        

Except as otherwise provided in sections 4715.30, 4723.281,        7,802        

4730.25, and 4731.22 of the Revised Code, the board shall follow   7,804        

the procedure for suspension without a prior hearing in section    7,806        

119.07 of the Revised Code.  The suspension shall remain in                     

effect, unless removed by the board, until the board's final       7,807        

adjudication order becomes effective, except that if the board     7,808        

does not issue its final adjudication order within ninety days     7,809        

after the hearing, the suspension shall be void on the             7,810        

ninety-first day after the hearing.                                7,811        

      (C)  On receiving notification pursuant to section 2929.24   7,813        

or 3719.12 of the Revised Code, the board under which a person     7,814        

has been issued a license, certificate, or evidence of             7,815        

registration immediately shall suspend the license, certificate,   7,817        

or registration of that person on a plea of guilty to, a finding   7,820        

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    7,822        

eligibility for treatment INTERVENTION in lieu of conviction; a    7,823        

plea of guilty to, or a finding by a jury or court of the          7,825        

person's guilt of, or the person's conviction of an offense in     7,826        

another jurisdiction that is essentially the same as a felony      7,827        

drug abuse offense; or a finding by a court of the person's        7,828        

eligibility for treatment OR INTERVENTION in lieu of conviction    7,829        

in another jurisdiction.  The board shall notify the holder of     7,830        

the license, certificate, or registration of the suspension,       7,831        

which shall remain in effect until the board holds an              7,833        

adjudicatory hearing under Chapter 119. of the Revised Code.       7,834        

      Sec. 3719.70.  (A)  When testimony, information, or other    7,843        

evidence in the possession of a person who uses, possesses, or     7,844        

trafficks in any drug of abuse appears necessary to an             7,845        

investigation by law enforcement authorities into illicit sources  7,846        

of any drug of abuse, or appears necessary to successfully         7,847        

                                                          179    


                                                                 
institute, maintain, or conclude a prosecution for any drug abuse  7,848        

offense, as defined in section 2925.01 of the Revised Code, a      7,849        

judge of the court of common pleas may grant to that person        7,850        

immunity from prosecution for any offense based upon the           7,851        

testimony, information, or other evidence furnished by that        7,852        

person, other than a prosecution of that person for giving false   7,853        

testimony, information, or other evidence.                         7,854        

      (B)(1)  When a person is convicted of any misdemeanor drug   7,856        

abuse offense, the court, in determining whether to suspend        7,858        

sentence or place the person on probation, shall take into         7,859        

consideration whether the person truthfully has revealed all       7,860        

information within the person's knowledge concerning illicit       7,861        

traffic in or use of drugs of abuse and, when required, has        7,863        

testified as to that information in any proceeding to obtain a     7,864        

search or arrest warrant against another or to prosecute another   7,865        

for any offense involving a drug of abuse.  The information shall  7,866        

include, but is not limited to, the identity and whereabouts of    7,867        

accomplices, accessories, aiders, and abettors, if any, of the     7,868        

person or persons from whom any drug of abuse was obtained or to   7,869        

whom any drug of abuse was distributed, and of persons known or    7,870        

believed to be drug dependent persons, together with the location  7,871        

of any place or places where and the manner in which any drug of   7,872        

abuse is illegally cultivated, manufactured, sold, possessed, or   7,873        

used.  The information also shall include all facts and            7,874        

circumstances surrounding any illicit traffic in or use of drugs   7,875        

of abuse of that nature.                                                        

      (2)  If a person otherwise is eligible for treatment         7,877        

INTERVENTION in lieu of conviction and being ordered to a period   7,880        

of rehabilitation under section 2951.041 of the Revised Code as    7,882        

an offender who is a drug dependent person or is in danger of      7,883        

becoming a drug dependent person but the person has failed to      7,885        

cooperate with law enforcement authorities by providing them with  7,886        

the types of information described in division (B)(1) of this      7,887        

section, the person's lack of cooperation may be considered by     7,889        

                                                          180    


                                                                 
the court under division (B) of section 2951.041 of the Revised    7,890        

Code in determining whether to stay all criminal proceedings and   7,891        

order the person to a requested period of rehabilitation           7,893        

INTERVENTION.                                                                   

      (C)  In the absence of a competent and voluntary waiver of   7,895        

the right against self-incrimination, no information or testimony  7,896        

furnished pursuant to division (B) of this section shall be used   7,897        

in a prosecution of the person furnishing it for any offense       7,898        

other than a prosecution of that person for giving false           7,899        

testimony, information, or other evidence.                         7,900        

      Sec. 3719.99.  (A)  Whoever violates section 3719.16 or      7,909        

3719.161 of the Revised Code is guilty of a felony of the fifth    7,911        

degree.  If the offender previously has been convicted of a                     

violation of section 3719.16 or 3719.161 of the Revised Code or a  7,912        

drug abuse offense, a violation of section 3719.16 or 3719.161 of  7,913        

the Revised Code is a felony of the fourth degree.  If the         7,914        

violation involves the sale, offer to sell, or possession of a     7,915        

schedule I or II controlled substance, with the exception of       7,916        

marihuana, and if the offender, as a result of the violation, is   7,917        

a major drug offender, division (D) of this section applies.       7,918        

      (B)  Whoever violates division (C) or (D) of section         7,920        

3719.172 of the Revised Code is guilty of a felony of the fifth    7,922        

degree.  If the offender previously has been convicted of a                     

violation of division (C) or (D) of section 3719.172 of the        7,923        

Revised Code or a drug abuse offense, a violation of division (C)  7,924        

or (D) of section 3719.172 of the Revised Code is a felony of the  7,926        

fourth degree.  If the violation involves the sale, offer to       7,927        

sell, or possession of a schedule I or II controlled substance,    7,928        

with the exception of marihuana, and if the offender, as a result  7,929        

of the violation, is a major drug offender, division (D) of this   7,930        

section applies.                                                                

      (C)  Whoever violates section 3719.07 or 3719.08 of the      7,932        

Revised Code is guilty of a misdemeanor of the first degree.  If   7,933        

the offender previously has been convicted of a violation of       7,934        

                                                          181    


                                                                 
section 3719.07 or 3719.08 of the Revised Code or a drug abuse     7,935        

offense, a violation of section 3719.07 or 3719.08 of the Revised  7,936        

Code is a felony of the fifth degree.  If the violation involves   7,937        

the sale, offer to sell, or possession of a schedule I or II       7,938        

controlled substance, with the exception of marihuana, and if the  7,939        

offender, as a result of the violation, is a major drug offender,  7,940        

division (D) of this section applies.                              7,941        

      (D)(1)  If an offender is convicted of or pleads guilty to   7,943        

a felony violation of section 3719.07, 3719.08, 3719.16, or        7,944        

3719.161 or of division (C) or (D) of section 3719.172 of the      7,945        

Revised Code, if the violation involves the sale, offer to sell,   7,946        

or possession of a schedule I or II controlled substance, with     7,947        

the exception of marihuana, and if THE COURT IMPOSING SENTENCE     7,948        

UPON THE OFFENDER FINDS THAT the offender, as a result of the      7,949        

violation, is a major drug offender AND IS GUILTY OF A             7,950        

SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE    7,951        

REVISED CODE, the court that sentences the offender, in lieu of    7,952        

the prison term authorized or required by division (A), (B), or    7,954        

(C) of this section and sections 2929.13 and 2929.14 of the        7,955        

Revised Code and in addition to any other sanction imposed for     7,956        

the offense under sections 2929.11 to 2929.18 of the Revised       7,957        

Code, shall impose upon the offender, in accordance with division               

(D)(3)(a) of section 2929.14 of the Revised Code, the mandatory    7,959        

prison term specified in that division and may impose an           7,960        

additional prison term under division (D)(3)(b) of that section.   7,961        

      (2)  Notwithstanding any contrary provision of section       7,963        

3719.21 of the Revised Code, the clerk of the court shall pay any  7,965        

fine imposed for a felony violation of section 3719.07, 3719.08,   7,966        

3719.16, or 3719.161 or of division (C) or (D) of section          7,967        

3719.172 of the Revised Code pursuant to division (A) of section   7,968        

2929.18 of the Revised Code in accordance with and subject to the               

requirements of division (F) of section 2925.03 of the Revised     7,969        

Code.  The agency that receives the fine shall use the fine as     7,970        

specified in division (F) of section 2925.03 of the Revised Code.  7,971        

                                                          182    


                                                                 
      (E)  Whoever violates section 3719.05, 3719.06, 3719.13, or  7,973        

3719.31 or division (B) of section 3719.172 of the Revised Code    7,975        

is guilty of a misdemeanor of the third degree.  If the offender   7,976        

previously has been convicted of a violation of section 3719.05,   7,977        

3719.06, 3719.13, or 3719.31 or division (B) of section 3719.172   7,978        

of the Revised Code or a drug abuse offense, a violation of        7,979        

section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B) of   7,980        

section 3719.172 of the Revised Code is a misdemeanor of the       7,981        

first degree.                                                                   

      (F)  Whoever violates section 3719.30 of the Revised Code    7,983        

is guilty of a misdemeanor of the fourth degree.  If the offender  7,984        

previously has been convicted of a violation of section 3719.30    7,985        

of the Revised Code or a drug abuse offense, a violation of        7,986        

section 3719.30 of the Revised Code is a misdemeanor of the third  7,987        

degree.                                                                         

      (G)  Whoever violates section 3719.32 or 3719.33 of the      7,989        

Revised Code is guilty of a minor misdemeanor.                     7,990        

      (H)  Whoever violates division (K)(2)(b) of section 3719.44  7,992        

of the Revised Code is guilty of a felony of the fifth degree.     7,993        

      (I)  Whoever violates division (K)(2)(c) of section 3719.44  7,995        

of the Revised Code is guilty of a misdemeanor of the second       7,996        

degree.                                                                         

      (J)  As used in this section, "major drug offender" has the  7,998        

same meaning as in section 2929.01 of the Revised Code.            7,999        

      Sec. 3767.12.  (A)  AS USED IN THIS SECTION, "FELONIOUS      8,008        

CONDUCT" MEANS AN OFFENSE THAT IS A FELONY OR A DELINQUENT ACT     8,009        

THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT.                   8,010        

      (B)  A house or building used or occupied as a habitual      8,012        

resort for thieves, burglars, or robbers, OR FOR PERSONS WHO ARE   8,013        

CONSPIRING OR PLANNING TO COMMIT, WHO ARE FLEEING AFTER HAVING     8,014        

COMMITTED OR AFTER ATTEMPTING TO COMMIT, OR WHO ARE IN HIDING      8,015        

AFTER HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT, FELONIOUS    8,016        

CONDUCT is a public nuisance, and the court may order such THE     8,017        

PUBLIC nuisance abated.                                                         

                                                          183    


                                                                 
      No person shall keep a house which THAT is a habitual        8,019        

resort of FOR thieves, burglars, or robbers, OR FOR PERSONS WHO    8,021        

ARE CONSPIRING OR PLANNING TO COMMIT, WHO ARE FLEEING AFTER        8,022        

HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT, OR WHO ARE IN      8,023        

HIDING AFTER HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT,                    

FELONIOUS CONDUCT.  No person shall let a house to be so kept, or  8,024        

knowingly permit a house which he THAT THE PERSON has let to be    8,026        

so kept.                                                                        

      Sec. 3773.99.  (A)  Whoever violates section 3773.05,        8,035        

3773.06, 3773.21, or 3773.50 of the Revised Code is guilty of a    8,037        

misdemeanor of the fourth degree.                                  8,038        

      (B)  Whoever violates section 3773.07 of the Revised Code    8,040        

is guilty of a felony of the fourth degree.                        8,041        

      (C)  Whoever violates section 3773.211, 3773.32, 3773.40,    8,043        

3773.44, 3773.45, 3773.46, or 3773.47, division (A) of section     8,046        

3773.54, or division (B) of section 3773.33 of the Revised Code    8,047        

is guilty of a misdemeanor of the first degree.                    8,048        

      (D)(C)  Whoever violates section 3773.48 or 3773.49 of the   8,050        

Revised Code is guilty of a minor misdemeanor.                     8,051        

      Sec. 4715.30.  (A)  The holder of a certificate or license   8,060        

issued under this chapter is subject to disciplinary action by     8,061        

the state dental board for any of the following reasons:           8,062        

      (1)  Employing or cooperating in fraud or material           8,064        

deception in applying for or obtaining a license or certificate;   8,065        

      (2)  Obtaining or attempting to obtain money or anything of  8,067        

value by intentional misrepresentation or material deception in    8,068        

the course of practice;                                            8,069        

      (3)  Advertising services in a false or misleading manner    8,071        

or violating the board's rules governing time, place, and manner   8,072        

of advertising;                                                    8,073        

      (4)  Conviction of a misdemeanor committed in the course of  8,075        

practice or of any felony;                                         8,076        

      (5)  Engaging in lewd or immoral conduct in connection with  8,078        

the provision of dental services;                                  8,079        

                                                          184    


                                                                 
      (6)  Selling, prescribing, giving away, or administering     8,081        

drugs for other than legal and legitimate therapeutic purposes,    8,082        

or conviction of violating any law of this state or the federal    8,083        

government regulating the possession, distribution, or use of any  8,084        

drug;                                                              8,085        

      (7)  Providing or allowing dental hygienists or other        8,087        

practitioners of auxiliary dental occupations working under his    8,088        

THE CERTIFICATE OR LICENSE HOLDER'S supervision, or a dentist      8,089        

holding a temporary limited continuing education license under     8,091        

division (C) of section 4715.16 of the Revised Code working under  8,092        

his THE CERTIFICATE OR LICENSE HOLDER'S direct supervision, to     8,093        

provide dental care that departs from or fails to conform to       8,094        

accepted standards for the profession, whether or not injury to a  8,095        

patient results;                                                   8,096        

      (8)  Inability to practice under accepted standards of the   8,098        

profession because of physical or mental disability, dependence    8,099        

on alcohol or other drugs, or excessive use of alcohol or other    8,100        

drugs;                                                             8,101        

      (9)  Violation of any provision of this chapter or any rule  8,103        

adopted thereunder;                                                8,104        

      (10)  Failure to use universal blood and body fluid          8,106        

precautions established by rules adopted under section 4715.03 of  8,107        

the Revised Code;                                                  8,108        

      (11)  Waiving the payment of all or any part of a            8,110        

deductible or copayment that a patient, pursuant to a health       8,111        

insurance or health care policy, contract, or plan that covers     8,112        

dental services, would otherwise be required to pay if the waiver  8,113        

is used as an enticement to a patient or group of patients to                   

receive health care services from that provider.                   8,114        

      (12)  Advertising that he THE CERTIFICATE OR LICENSE HOLDER  8,116        

will waive the payment of all or any part of a deductible or       8,118        

copayment that a patient, pursuant to a health insurance or                     

health care policy, contract, or plan that covers dental           8,119        

services, would otherwise be required to pay.                      8,120        

                                                          185    


                                                                 
      (B)  A manager, proprietor, operator, or conductor of a      8,122        

dental facility shall be subject to disciplinary action if any     8,123        

dentist, dental hygienist, or qualified personnel providing        8,124        

services in the facility is found to have committed a violation    8,125        

listed in division (A) of this section and the manager,            8,126        

proprietor, operator, or conductor knew of the violation and       8,127        

permitted it to occur on a recurring basis.                        8,128        

      (C)  Subject to Chapter 119. of the Revised Code, the board  8,130        

may take one or more of the following disciplinary actions if one  8,131        

or more of the grounds for discipline listed in divisions (A) and  8,132        

(B) of this section exist:                                         8,133        

      (1)  Censure the license or certificate holder;              8,135        

      (2)  Place the license or certificate on probationary        8,137        

status for such period of time the board determines necessary and  8,138        

require the holder to:                                             8,139        

      (a)  Report regularly to the board upon the matters which    8,141        

are the basis of probation;                                        8,142        

      (b)  Limit practice to those areas specified by the board;   8,144        

      (c)  Continue or renew professional education until a        8,146        

satisfactory degree of knowledge or clinical competency has been   8,147        

attained in specified areas.                                       8,148        

      (3)  Suspend the certificate or license;                     8,150        

      (4)  Revoke the certificate or license.                      8,152        

      Where the board places a holder of a license or certificate  8,154        

on probationary status pursuant to division (C)(2) of this         8,155        

section, the board may subsequently suspend or revoke the license  8,156        

or certificate if it determines that the holder has not met the    8,157        

requirements of the probation or continues to engage in            8,158        

activities that constitute grounds for discipline pursuant to      8,159        

division (A) or (B) of this section.                               8,160        

      Any order suspending a license or certificate shall state    8,162        

the conditions under which the license or certificate will be      8,163        

restored, which may include a conditional restoration during       8,164        

which time the holder is in a probationary status pursuant to      8,165        

                                                          186    


                                                                 
division (C)(2) of this section.  The board shall restore the      8,166        

license or certificate unconditionally when such conditions are    8,167        

met.                                                               8,168        

      (D)  If the physical or mental condition of a license or     8,170        

certificate holder is at issue in a disciplinary proceeding, the   8,171        

board may order the license or certificate holder to submit to     8,172        

reasonable examinations by a physician designated or approved by   8,173        

the board and at the board's expense.  Failure to comply with an   8,174        

order for an examination shall be grounds for summary suspension   8,175        

of a license or certificate under division (E) of this section.    8,176        

      (E)  If the board has reason to believe that the holder      8,178        

represents a clear and immediate danger to the public health and   8,179        

safety if he THE HOLDER is allowed to continue to practice, or if  8,181        

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  8,182        

of the county in which the holder resides for an order             8,183        

temporarily suspending the holder's license or certificate,        8,184        

without a prior hearing being afforded by the board, until the     8,185        

board conducts an adjudication hearing pursuant to Chapter 119.    8,186        

of the Revised Code.  If the court temporarily suspends a          8,187        

holder's license or certificate, the board shall give written      8,188        

notice of the suspension personally or by certified mail to the    8,189        

license or certificate holder.  Such notice shall include          8,190        

specific facts and reasons for finding a clear and immediate       8,191        

danger to the public health and safety and shall inform the        8,192        

license or certificate holder of the right to a hearing pursuant   8,193        

to Chapter 119. of the Revised Code.                               8,194        

      (F)  Any holder of a certificate or license issued under     8,196        

this chapter who has pleaded guilty to, has been convicted of, or  8,197        

has had a judicial finding of eligibility for treatment            8,198        

INTERVENTION in lieu of conviction entered against him THE HOLDER  8,200        

in this state for aggravated murder, murder, voluntary             8,201        

manslaughter, felonious assault, kidnapping, rape, sexual          8,202        

battery, gross sexual imposition, aggravated arson, aggravated     8,203        

                                                          187    


                                                                 
robbery, or aggravated burglary, or who has pleaded guilty to,     8,204        

has been convicted of, or has had a judicial finding of            8,205        

eligibility for treatment OR INTERVENTION in lieu of conviction    8,207        

entered against him THE HOLDER in another jurisdiction for any     8,208        

substantially equivalent criminal offense, is automatically        8,209        

suspended from practice under this chapter in this state and any   8,210        

certificate or license issued to him THE HOLDER under this         8,211        

chapter is automatically suspended, as of the date of the guilty   8,212        

plea, conviction, or judicial finding, whether the proceedings     8,213        

are brought in this state or another jurisdiction.  Continued      8,214        

practice by an individual after the suspension of his THE          8,215        

INDIVIDUAL'S certificate or license under this division shall be   8,216        

considered practicing without a certificate or license.  The       8,218        

board shall notify the suspended individual of the suspension of   8,219        

his THE INDIVIDUAL'S certificate or license under this division    8,220        

by certified mail or in person in accordance with section 119.07   8,221        

of the Revised Code.  If an individual whose certificate or        8,222        

license is suspended under this division fails to make a timely    8,223        

request for an adjudicatory hearing, the board shall enter a       8,224        

final order revoking the individual's certificate or license.      8,225        

      (G)  Notwithstanding divisions (A)(11) and (12) of this      8,227        

section, sanctions shall not be imposed against any licensee who   8,228        

waives deductibles and copayments:                                 8,229        

      (1)  In compliance with the health benefit plan that         8,231        

expressly allows such a practice.  Waiver of the deductibles or    8,232        

copays shall be made only with the full knowledge and consent of   8,233        

the plan purchaser, payer, and third-party administrator.  Such    8,234        

consent shall be made available to the board upon request.         8,235        

      (2)  For professional services rendered to any other person  8,237        

licensed pursuant to this chapter to the extent allowed by this    8,238        

chapter and the rules of the board.                                8,239        

      Sec. 4729.99.  (A)  Whoever violates section 4729.16,        8,248        

division (A) or (B) of section 4729.38, or section 4729.57 of the  8,249        

Revised Code is guilty of a minor misdemeanor.  Each day's         8,250        

                                                          188    


                                                                 
violation constitutes a separate offense.                          8,251        

      (B)  Whoever violates section 4729.27, 4729.28, or 4729.36   8,253        

of the Revised Code is guilty of a misdemeanor of the third        8,254        

degree.  Each day's violation constitutes a separate offense.  If  8,255        

the offender previously has been convicted of or pleaded guilty    8,256        

to a violation of this chapter, that person is guilty of a         8,258        

misdemeanor of the second degree.                                  8,259        

      (C)  Whoever violates section 4729.32, 4729.33, or 4729.34   8,261        

of the Revised Code is guilty of a misdemeanor.                    8,262        

      (D)  Whoever violates division (A), (B), (D), or (E) of      8,264        

section 4729.51 of the Revised Code is guilty of a misdemeanor of  8,265        

the first degree.                                                  8,266        

      (E)(1)  Whoever violates section 4729.37, division (C)(2)    8,268        

of section 4729.51, division (J) of section 4729.54, or section    8,269        

4729.61 of the Revised Code is guilty of a felony of the fifth     8,271        

degree.  If the offender previously has been convicted of or                    

pleaded guilty to a violation of this chapter or a violation of    8,272        

Chapter 2925. or 3719. of the Revised Code, that person is guilty  8,273        

of a felony of the fourth degree.                                  8,274        

      (2)  If an offender is convicted of or pleads guilty to a    8,276        

violation of section 4729.37, division (C) of section 4729.51,     8,277        

division (J) of section 4729.54, or section 4729.61 of the         8,278        

Revised Code, if the violation involves the sale, offer to sell,   8,280        

or possession of a schedule I or II controlled substance, with     8,281        

the exception of marihuana, and if the COURT IMPOSING SENTENCE     8,282        

UPON THE OFFENDER FINDS THAT THE offender, as a result of the      8,283        

violation, is a major drug offender, as defined in section                      

2929.01 of the Revised Code, AND IS GUILTY OF A SPECIFICATION OF   8,285        

THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the   8,286        

court that sentences the offender, in lieu of the prison term      8,288        

authorized or required by division (E)(1) of this section and      8,289        

sections 2929.13 and 2929.14 of the Revised Code and in addition   8,290        

to any other sanction imposed for the offense under sections       8,291        

2929.11 to 2929.18 of the Revised Code, shall impose upon the      8,292        

                                                          189    


                                                                 
offender, in accordance with division (D)(3)(a) of section         8,293        

2929.14 of the Revised Code, the mandatory prison term specified   8,294        

in that division and may impose an additional prison term under    8,296        

division (D)(3)(b) of that section.                                8,297        

      (3)  Notwithstanding any contrary provision of section       8,299        

3719.21 of the Revised Code, the clerk of court shall pay any      8,300        

fine imposed for a violation of section 4729.37, division (C) of   8,301        

section 4729.51, division (J) of section 4729.54, or section       8,303        

4729.61 of the Revised Code pursuant to division (A) of section    8,305        

2929.18 of the Revised Code in accordance with and subject to the  8,308        

requirements of division (F) of section 2925.03 of the Revised     8,310        

Code.  The agency that receives the fine shall use the fine as     8,312        

specified in division (F) of section 2925.03 of the Revised Code.  8,314        

      (F)  Whoever violates section 4729.531 of the Revised Code   8,316        

or any rule adopted thereunder or section 4729.532 of the Revised  8,317        

Code is guilty of a misdemeanor of the first degree.               8,318        

      (G)  Whoever violates division (C)(1) of section 4729.51 of  8,322        

the Revised Code is guilty of a felony of the fourth degree.  If   8,324        

the offender has previously been convicted of or pleaded guilty    8,325        

to a violation of this chapter, or of a violation of Chapter       8,327        

2925. or 3719. of the Revised Code, that person is guilty of a     8,328        

felony of the third degree.                                        8,329        

      (H)  Whoever violates division (C)(3) of section 4729.51 of  8,332        

the Revised Code is guilty of a misdemeanor of the first degree.   8,333        

If the offender has previously been convicted of or pleaded                     

guilty to a violation of this chapter, or of a violation of        8,334        

Chapter 2925. or 3719. of the Revised Code, that person is guilty  8,335        

of a felony of the fifth degree.                                   8,336        

      Sec. 4730.25.  (A)  The state medical board, pursuant to an  8,345        

adjudication under Chapter 119. of the Revised Code and by a vote  8,347        

of not fewer than six members, may revoke or may refuse to grant   8,348        

a certificate of registration as a physician assistant to a                     

person found by the board to have committed fraud,                 8,349        

misrepresentation, or deception in applying for or securing the    8,350        

                                                          190    


                                                                 
certificate.                                                       8,351        

      (B)  The board, pursuant to an adjudication under Chapter    8,354        

119. of the Revised Code and by a vote of not fewer than six       8,355        

members, shall, to the extent permitted by law, limit, revoke, or  8,356        

suspend a certificate of registration as a physician assistant,    8,357        

refuse to issue a certificate to an applicant, refuse to           8,358        

reinstate a certificate, or reprimand or place on probation the    8,359        

holder of a certificate for any of the following reasons:          8,360        

      (1)  Failure to practice in accordance with the conditions   8,363        

under which the supervising physician's supervision agreement      8,364        

with the physician assistant was approved, including the           8,365        

requirement that when practicing under a particular supervising    8,366        

physician, the physician assistant must practice only according    8,367        

to the standard or supplemental utilization plan the board         8,368        

approved for that physician;                                                    

      (2)  Failure to comply with the requirements of this         8,370        

chapter, Chapter 4731. of the Revised Code, or any rules adopted   8,371        

by the board;                                                      8,372        

      (3)  Violating or attempting to violate, directly or         8,374        

indirectly, or assisting in or abetting the violation of, or       8,375        

conspiring to violate, any provision of this chapter, Chapter      8,377        

4731. of the Revised Code, or the rules adopted by the board;      8,378        

      (4)  Inability to practice according to acceptable and       8,381        

prevailing standards of care by reason of mental illness or        8,382        

physical illness, including physical deterioration that adversely  8,383        

affects cognitive, motor, or perceptive skills;                                 

      (5)  Impairment of ability to practice according to          8,385        

acceptable and prevailing standards of care because of habitual    8,386        

or excessive use or abuse of drugs, alcohol, or other substances   8,387        

that impair ability to practice;                                   8,388        

      (6)  Administering drugs for purposes other than those       8,390        

authorized under this chapter;                                     8,391        

      (7)  Willfully betraying a professional confidence;          8,393        

      (8)  Soliciting patients or publishing a false, fraudulent,  8,395        

                                                          191    


                                                                 
deceptive, or misleading statement.  As used in this division,     8,396        

"false, fraudulent, deceptive, or misleading statement" means a    8,397        

statement that includes a misrepresentation of fact, is likely to  8,398        

mislead or deceive because of a failure to disclose material       8,399        

facts, is intended or is likely to create false or unjustified     8,400        

expectations of favorable results, or includes representations or  8,401        

implications that in reasonable probability will cause an          8,402        

ordinarily prudent person to misunderstand or be deceived.         8,403        

      (9)  Representing, with the purpose of obtaining             8,405        

compensation or other advantage personally or for any other        8,406        

person, that an incurable disease or injury, or other incurable    8,407        

condition, can be permanently cured;                               8,408        

      (10)  The obtaining of, or attempting to obtain, money or    8,410        

anything of value by fraudulent misrepresentations in the course   8,411        

of practice;                                                       8,412        

      (11)  A plea of guilty to, or a judicial finding of guilt    8,414        

of, a felony;                                                      8,415        

      (12)  Commission of an act that constitutes a felony in      8,417        

this state regardless of the jurisdiction in which the act was     8,418        

committed;                                                         8,419        

      (13)  A plea of guilty to, or a judicial finding of guilt    8,421        

of, a misdemeanor committed in the course of practice;             8,422        

      (14)  A plea of guilty to, or a judicial finding of guilt    8,424        

of, a misdemeanor involving moral turpitude;                       8,425        

      (15)  Commission of an act that constitutes a misdemeanor    8,427        

in this state regardless of the jurisdiction in which the act was  8,428        

committed, if the act was committed in the course of practice;     8,429        

      (16)  Commission of an act that constitutes a misdemeanor    8,432        

in this state, regardless of the jurisdiction in which the act     8,433        

was committed, if the act involves moral turpitude;                             

      (17)  Trafficking in drugs, or a plea of guilty to or a      8,435        

judicial finding of guilt of violating any state or federal law    8,436        

regulating the possession, distribution, or use of any drug;       8,437        

      (18)  The limitation, revocation, or suspension by another   8,439        

                                                          192    


                                                                 
state of a license, certificate, or registration to practice       8,440        

issued by the proper licensing authority of that state, the        8,441        

refusal to license, certify, register, or reinstate an applicant   8,443        

by that authority, the imposition of probation by that authority,  8,444        

or the issuance of an order of censure or other reprimand by that  8,445        

authority for any reason, other than nonpayment of fees;           8,446        

      (19)  A departure from, or failure to conform to, minimal    8,449        

standards of care of similar physician assistants under the same   8,450        

or similar circumstances, regardless of whether actual injury to   8,451        

a patient is established;                                                       

      (20)  Violation of the conditions placed by the board on a   8,454        

certificate of registration, physician assistant utilization       8,455        

plan, or supervision agreement;                                                 

      (21)  Violation of the conditions on which a temporary       8,458        

certificate of registration is issued;                                          

      (22)  Failure to use universal blood and body fluid          8,460        

precautions established by rules adopted under section 4731.051    8,461        

of the Revised Code.                                               8,462        

      (C)  For purposes of divisions (B)(12), (15), and (16) of    8,464        

this section, the commission of the act may be established by a    8,465        

finding by the board, pursuant to an adjudication under Chapter    8,467        

119. of the Revised Code, that the applicant or certificate        8,468        

holder committed the act in question.  The board shall have no                  

jurisdiction under these divisions in cases where the trial court  8,469        

renders a final judgment in the certificate holder's favor and     8,470        

that judgment is based upon an adjudication on the merits.  The    8,471        

board shall have jurisdiction under these divisions in cases       8,472        

where the trial court issues an order of dismissal upon technical  8,473        

or procedural grounds.                                             8,474        

      The sealing of conviction records by any court shall have    8,476        

no effect upon a prior board order entered under the provisions    8,477        

of this section or upon the board's jurisdiction to take action    8,478        

under the provisions of this section if a notice of opportunity    8,479        

for hearing has been issued based upon conviction, a plea of       8,480        

                                                          193    


                                                                 
guilty, or a judicial finding of guilt prior to the court's order  8,481        

to seal the records.                                                            

      (D)  For purposes of this division, any individual who       8,484        

holds a certificate of registration issued under this chapter, or  8,485        

applies for a certificate of registration, shall be deemed to      8,486        

have given consent to submit to a mental or physical examination   8,487        

when directed to do so in writing by the board and to have waived  8,488        

all objections to the admissibility of testimony or examination    8,489        

reports that constitute a privileged communication.                8,490        

      (1)  In enforcing division (B)(4) of this section, the       8,493        

board, upon a showing of a possible violation, may compel any      8,494        

individual who holds a certificate of registration issued under    8,495        

this chapter or who has applied for a certificate of registration  8,496        

pursuant to this chapter to submit to a mental or physical         8,497        

examination, or both, as required by and at the expense of the     8,498        

board.  Failure of any individual to submit to a mental or                      

physical examination when directed constitutes an admission of     8,499        

the allegations against the individual unless the failure is due   8,500        

to circumstances beyond the individual's control, and a default    8,501        

and final order may be entered without the taking of testimony or  8,502        

presentation of evidence.  If the board finds a physician          8,503        

assistant unable to practice because of the reasons set forth in   8,504        

this division, the board shall require the physician assistant to  8,505        

submit to care, counseling, or treatment by physicians approved    8,506        

or designated by the board, as a condition for an initial,         8,507        

continued, reinstated, or renewed certificate of registration.     8,508        

An individual affected under this division shall be afforded an    8,509        

opportunity to demonstrate to the board the ability to resume      8,510        

practicing in compliance with acceptable and prevailing standards  8,511        

of care.                                                                        

      (2)  For purposes of division (B)(5) of this section, if     8,514        

the board has reason to believe that any individual who holds a    8,515        

certificate of registration issued under this chapter or any       8,516        

applicant for a certificate of registration suffers such                        

                                                          194    


                                                                 
impairment, the board may compel the individual to submit to a     8,517        

mental or physical examination, or both.  The examination shall    8,518        

be at the expense of the board.  Any mental or physical            8,519        

examination required under this division shall be undertaken by a  8,520        

treatment provider or physician qualified to conduct such          8,521        

examination and chosen by the board.                               8,522        

      Failure of the individual to submit to a mental or physical  8,525        

examination ordered by the board constitutes an admission of the   8,526        

allegations against the individual unless the failure is due to    8,527        

circumstances beyond the individual's control, and a default and   8,528        

final order may be entered without the taking of testimony or      8,529        

presentation of evidence.  If the board determines that the        8,530        

individual's ability to practice is impaired, the board shall      8,531        

suspend the individual's certificate or deny the individual's                   

application and shall require the individual, as a condition for   8,533        

initial, continued, reinstated, or renewed licensure to practice,  8,534        

to submit to treatment.                                            8,535        

      Before being eligible to apply for reinstatement of a        8,537        

certificate suspended under this division, the physician           8,538        

assistant shall demonstrate to the board the ability to resume     8,539        

practice in compliance with acceptable and prevailing standards    8,540        

of care.  The demonstration shall include the following:           8,542        

      (a)  Certification from a treatment provider approved under  8,545        

section 4731.25 of the Revised Code that the individual has        8,546        

successfully completed any required inpatient treatment;           8,547        

      (b)  Evidence of continuing full compliance with an          8,550        

aftercare contract or consent agreement;                                        

      (c)  Two written reports indicating that the individual's    8,553        

ability to practice has been assessed and that the individual has  8,554        

been found capable of practicing according to acceptable and                    

prevailing standards of care.  The reports shall be made by        8,555        

individuals or providers approved by the board for making such     8,556        

assessments and shall describe the basis for this determination.   8,557        

      The board may reinstate a certificate suspended under this   8,560        

                                                          195    


                                                                 
division after such demonstration and after the individual has     8,561        

entered into a written consent agreement.                                       

      When the impaired physician assistant resumes practice, the  8,564        

board shall require continued monitoring of the physician                       

assistant, which shall include compliance with the written         8,565        

consent agreement entered into before reinstatement or with        8,566        

conditions imposed by board order after a hearing, and, upon       8,567        

termination of the consent agreement, submission to the board for  8,568        

at least two years of annual written progress reports made under   8,569        

penalty of falsification stating whether the physician assistant   8,570        

has maintained sobriety.                                           8,571        

      (E)  If the secretary and supervising member determine that  8,574        

there is clear and convincing evidence that a physician assistant  8,575        

has violated division (B) of this section and that the             8,576        

individual's continued practice presents a danger of immediate     8,577        

and serious harm to the public, they may recommend that the board  8,578        

suspend the individual's certificate to practice without a prior   8,580        

hearing.  Written allegations shall be prepared for consideration  8,581        

by the board members.                                                           

      The board, upon review of those allegations and by a vote    8,584        

of not fewer than six of its members, excluding the secretary and  8,585        

supervising member, may suspend a certificate without a prior      8,586        

hearing.  A telephone conference call may be utilized for          8,587        

reviewing the allegations and taking the vote.                                  

      The board shall issue a written order of suspension by       8,589        

certified mail or in person in accordance with section 119.07 of   8,590        

the Revised Code.  The order shall not be subject to suspension    8,592        

by the court during pendency of any appeal filed under section     8,593        

119.12 of the Revised Code.  If the physician assistant requests   8,594        

an adjudicatory hearing by the board, the date set for the         8,595        

hearing shall be within fifteen days, but not earlier than seven   8,596        

days, after the physician assistant requests the hearing, unless   8,597        

otherwise agreed to by both the board and the certificate holder.  8,598        

      A summary suspension imposed under this division shall       8,600        

                                                          196    


                                                                 
remain in effect, unless reversed on appeal, until a final         8,601        

adjudicative order issued by the board pursuant to this section    8,602        

and Chapter 119. of the Revised Code becomes effective.   The      8,604        

board shall issue its final adjudicative order within sixty days   8,605        

after completion of its hearing.  Failure to issue the order       8,606        

within sixty days shall result in dissolution of the summary       8,607        

suspension order, but shall not invalidate any subsequent, final   8,608        

adjudicative order.                                                             

      (F)  If the board should take action under division          8,611        

(B)(11), (13), or (14) of this section, and the conviction,        8,612        

judicial finding of guilt, or guilty plea is overturned on         8,613        

appeal, upon exhaustion of the criminal appeal, a petition for     8,614        

reconsideration of the order may be filed with the board along     8,615        

with appropriate court documents.  Upon receipt of a petition and  8,616        

supporting court documents, the board shall reinstate the          8,617        

petitioner's certificate.  The board may then hold an              8,618        

adjudication to determine whether the individual committed the     8,619        

act in question.  Notice of opportunity for hearing shall be       8,620        

given in accordance with Chapter 119. of the Revised Code.  If     8,621        

the board finds, pursuant to an adjudication held under this       8,623        

division, that the individual committed the act, or if no hearing  8,624        

is requested, it may order any of the sanctions identified under   8,625        

division (B) of this section.                                                   

      (G)  The certificate of registration of a physician          8,627        

assistant and the physician assistant's practice in this state     8,628        

are automatically suspended as of the date the physician           8,629        

assistant pleads guilty to, is found by a judge or jury to be      8,630        

guilty of, or is subject to a judicial finding of eligibility for  8,631        

INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR treatment OR   8,632        

INTERVENTION in lieu of conviction IN ANOTHER STATE for either of  8,633        

the following:                                                                  

      (1)  In this state, aggravated murder, murder, voluntary     8,635        

manslaughter, felonious assault, kidnapping, rape, sexual          8,636        

battery, gross sexual imposition, aggravated arson, aggravated     8,637        

                                                          197    


                                                                 
robbery, or aggravated burglary;                                   8,638        

      (2)  In another jurisdiction, any criminal offense           8,641        

substantially equivalent to those specified in division (G)(1) of  8,642        

this section.                                                                   

      Continued practice after the suspension shall be considered  8,645        

practicing without a certificate.  The board shall notify the      8,646        

individual subject to the suspension by certified mail or in       8,647        

person in accordance with section 119.07 of the Revised Code.  If  8,648        

an individual whose certificate is suspended under this division   8,649        

fails to make a timely request for an adjudicatory hearing, the    8,650        

board shall enter a final order revoking the certificate.          8,651        

      (H)  In any instance in which the board is required by       8,653        

Chapter 119. of the Revised Code to give notice of opportunity     8,655        

for hearing and the applicant or certificate holder does not       8,656        

timely request a hearing in accordance with section 119.07 of the  8,657        

Revised Code, the board is not required to hold a hearing, but     8,658        

may adopt, by a vote of not fewer than six of its members, a       8,659        

final order that contains the board's findings.  In that final     8,660        

order, the board may order any of the sanctions identified under   8,661        

division (B) of this section.                                                   

      (I)  Any action taken by the board under division (B) of     8,664        

this section resulting in a suspension shall be accompanied by a   8,665        

written statement of the conditions under which the physician      8,666        

assistant may be reinstated.  The board shall adopt rules in       8,667        

accordance with Chapter 119. of the Revised Code governing         8,669        

conditions to be imposed for reinstatement.  Reinstatement of a    8,670        

certificate suspended pursuant to division (B) of this section     8,671        

requires an affirmative vote of not fewer than six members of the  8,672        

board.                                                                          

      (J)  An individual's failure to renew a certificate of       8,674        

registration as a physician assistant shall have no effect on the  8,675        

board's jurisdiction to take any action under this section         8,676        

against the individual.                                                         

      (K)  Notwithstanding any other provision of the Revised      8,679        

                                                          198    


                                                                 
Code, the surrender of a certificate of registration as a          8,680        

physician assistant issued under this chapter is not effective     8,681        

until accepted by the board.  Reinstatement of a certificate       8,682        

surrendered to the board requires an affirmative vote of not       8,683        

fewer than six members of the board.                                            

      Notwithstanding any other provision of the Revised Code, no  8,686        

application made under this chapter for a certificate of           8,687        

registration, approval of a standard or supplemental utilization   8,688        

plan, or approval of a supervision agreement may be withdrawn      8,689        

without approval of the board.                                                  

      Sec. 4731.22.  (A)  The state medical board, by an           8,699        

affirmative vote of not fewer than six of its members, may revoke  8,700        

or may refuse to grant a certificate to a person found by the      8,701        

board to have committed fraud during the administration of the     8,702        

examination for a certificate to practice or to have committed     8,704        

fraud, misrepresentation, or deception in applying for or          8,705        

securing any certificate to practice or certificate of                          

registration issued by the board.                                  8,706        

      (B)  The board, by an affirmative vote of not fewer than     8,709        

six members, shall, to the extent permitted by law, limit,         8,710        

revoke, or suspend an individual's certificate to practice,        8,712        

refuse to register an individual, refuse to reinstate a            8,714        

certificate, or reprimand or place on probation the holder of a    8,716        

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  8,718        

or certificate of registration to be used by a person, group, or   8,720        

corporation when the individual concerned is not actually          8,721        

directing the treatment given;                                     8,722        

      (2)  Failure to maintain minimal standards applicable to     8,725        

the selection or administration of drugs, or failure to employ     8,726        

acceptable scientific methods in the selection of drugs or other   8,727        

modalities for treatment of disease;                               8,728        

      (3)  Selling, giving away, personally furnishing,            8,730        

prescribing, or administering drugs for other than legal and       8,731        

                                                          199    


                                                                 
legitimate therapeutic purposes or a plea of guilty to, a          8,733        

judicial finding of guilt of, or a judicial finding of             8,734        

eligibility for treatment in lieu of conviction of, a violation    8,736        

of any federal or state law regulating the possession,                          

distribution, or use of any drug;                                  8,737        

      (4)  Willfully betraying a professional confidence.          8,739        

      For purposes of this division, "willfully betraying a        8,741        

professional confidence" does not include the making of a report   8,742        

of an employee's use of a drug of abuse, or a report of a          8,743        

condition of an employee other than one involving the use of a     8,744        

drug of abuse, to the employer of the employee as described in     8,745        

division (B) of section 2305.33 of the Revised Code. Nothing in    8,747        

this division affects the immunity from civil liability conferred  8,749        

by that section upon a physician who makes either type of report   8,750        

in accordance with division (B) of that section.  As used in this  8,751        

division, "employee," "employer," and "physician" have the same    8,752        

meanings as in section 2305.33 of the Revised Code.                8,753        

      (5)  Making a false, fraudulent, deceptive, or misleading    8,756        

statement in the solicitation of or advertising for patients; in   8,758        

relation to the practice of medicine and surgery, osteopathic      8,759        

medicine and surgery, podiatry, or a limited branch of medicine;   8,760        

or in securing or attempting to secure any certificate to          8,762        

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  8,764        

misleading statement" means a statement that includes a            8,765        

misrepresentation of fact, is likely to mislead or deceive         8,766        

because of a failure to disclose material facts, is intended or    8,767        

is likely to create false or unjustified expectations of           8,768        

favorable results, or includes representations or implications     8,769        

that in reasonable probability will cause an ordinarily prudent    8,770        

person to misunderstand or be deceived.                            8,771        

      (6)  A departure from, or the failure to conform to,         8,773        

minimal standards of care of similar practitioners under the same  8,774        

or similar circumstances, whether or not actual injury to a        8,775        

                                                          200    


                                                                 
patient is established;                                            8,776        

      (7)  Representing, with the purpose of obtaining             8,778        

compensation or other advantage as personal gain or for any other  8,780        

person, that an incurable disease or injury, or other incurable    8,781        

condition, can be permanently cured;                               8,782        

      (8)  The obtaining of, or attempting to obtain, money or     8,784        

anything of value by fraudulent misrepresentations in the course   8,785        

of practice;                                                       8,786        

      (9)  A plea of guilty to, a judicial finding of guilt of,    8,789        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a felony;                                          8,790        

      (10)  Commission of an act that constitutes a felony in      8,792        

this state, regardless of the jurisdiction in which the act was    8,793        

committed;                                                         8,794        

      (11)  A plea of guilty to, a judicial finding of guilt of,   8,797        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor committed in the course of           8,798        

practice;                                                                       

      (12)  Commission of an act in the course of practice that    8,800        

constitutes a misdemeanor in this state, regardless of the         8,802        

jurisdiction in which the act was committed;                       8,803        

      (13)  A plea of guilty to, a judicial finding of guilt of,   8,806        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor involving moral turpitude;           8,807        

      (14)  Commission of an act involving moral turpitude that    8,809        

constitutes a misdemeanor in this state, regardless of the         8,811        

jurisdiction in which the act was committed;                       8,812        

      (15)  Violation of the conditions of limitation placed by    8,814        

the board upon a certificate to practice;                          8,815        

      (16)  Failure to pay license renewal fees specified in this  8,817        

chapter;                                                           8,818        

      (17)  Engaging in the division of fees for referral of       8,821        

patients, or the receiving of a thing of value in return for a     8,823        

specific referral of a patient to utilize a particular service or  8,824        

                                                          201    


                                                                 
business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       8,826        

violation of any provision of a code of ethics of the American     8,828        

medical association, the American osteopathic association, the     8,829        

American podiatric medical association, or any other national      8,830        

professional organizations that the board specifies by rule.  The  8,832        

state medical board shall obtain and keep on file current copies   8,833        

of the codes of ethics of the various national professional        8,834        

organizations.  The individual whose certificate is being          8,835        

suspended or revoked shall not be found to have violated any       8,837        

provision of a code of ethics of an organization not appropriate   8,838        

to the individual's profession.                                    8,839        

      For purposes of this division, a "provision of a code of     8,842        

ethics of a national professional organization" does not include   8,843        

any provision that would preclude the making of a report by a      8,844        

physician of an employee's use of a drug of abuse, or of a         8,845        

condition of an employee other than one involving the use of a     8,846        

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   8,848        

this division affects the immunity from civil liability conferred  8,849        

by that section upon a physician who makes either type of report   8,850        

in accordance with division (B) of that section.  As used in this  8,851        

division, "employee," "employer," and "physician" have the same    8,852        

meanings as in section 2305.33 of the Revised Code.                8,853        

      (19)  Inability to practice according to acceptable and      8,855        

prevailing standards of care by reason of mental illness or        8,856        

physical illness, including, but not limited to, physical          8,857        

deterioration that adversely affects cognitive, motor, or          8,858        

perceptive skills.                                                 8,859        

      In enforcing this division, the board, upon a showing of a   8,862        

possible violation, may compel any individual authorized to        8,863        

practice by this chapter or who has submitted an application       8,865        

pursuant to this chapter to submit to a mental examination,        8,867        

physical examination, including an HIV test, or both a mental and  8,869        

                                                          202    


                                                                 
a physical examination.  The expense of the examination is the     8,871        

responsibility of the individual compelled to be examined.         8,872        

Failure to submit to a mental or physical examination or consent   8,873        

to an HIV test ordered by the board constitutes an admission of    8,874        

the allegations against the individual unless the failure is due   8,876        

to circumstances beyond the individual's control, and a default    8,877        

and final order may be entered without the taking of testimony or  8,878        

presentation of evidence.  If the board finds an individual        8,879        

unable to practice because of the reasons set forth in this        8,881        

division, the board shall require the individual to submit to      8,882        

care, counseling, or treatment by physicians approved or           8,883        

designated by the board, as a condition for initial, continued,    8,884        

reinstated, or renewed authority to practice.  An individual       8,886        

affected under this division shall be afforded an opportunity to   8,888        

demonstrate to the board the ability to resume practice in         8,889        

compliance with acceptable and prevailing standards under the      8,890        

provisions of the individual's certificate.  For the purpose of    8,892        

this division, any individual who applies for or receives a        8,893        

certificate to practice under this chapter accepts the privilege   8,894        

of practicing in this state and, by so doing, shall be deemed to   8,897        

have given consent to submit to a mental or physical examination   8,898        

when directed to do so in writing by the board, and to have        8,899        

waived all objections to the admissibility of testimony or         8,900        

examination reports that constitute a privileged communication.    8,901        

      (20)  Except when civil penalties are imposed under section  8,903        

4731.225 or 4731.281 of the Revised Code, and subject to section   8,904        

4731.226 of the Revised Code, violating or attempting to violate,  8,906        

directly or indirectly, or assisting in or abetting the violation  8,907        

of, or conspiring to violate, any provisions of this chapter or    8,908        

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     8,910        

violation of, assisting in or abetting the violation of, or a      8,911        

conspiracy to violate, any provision of this chapter or any rule   8,912        

adopted by the board that would preclude the making of a report    8,915        

                                                          203    


                                                                 
by a physician of an employee's use of a drug of abuse, or of a    8,916        

condition of an employee other than one involving the use of a     8,917        

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   8,919        

this division affects the immunity from civil liability conferred  8,920        

by that section upon a physician who makes either type of report   8,921        

in accordance with division (B) of that section.  As used in this  8,922        

division, "employee," "employer," and "physician" have the same    8,923        

meanings as in section 2305.33 of the Revised Code.                8,924        

      (21)  The violation of any abortion rule adopted by the      8,926        

public health council pursuant to section 3701.341 of the Revised  8,927        

Code;                                                              8,928        

      (22)  Any of the following actions taken by the state        8,930        

agency responsible for regulating the practice of medicine and     8,931        

surgery, osteopathic medicine and surgery, podiatry, or the        8,932        

limited branches of medicine in another state, for any reason      8,933        

other than the nonpayment of fees:  the limitation, revocation,    8,934        

or suspension of an individual's license to practice; acceptance   8,935        

of an individual's license surrender; denial of a license;         8,936        

refusal to renew or reinstate a license; imposition of probation;  8,938        

or issuance of an order of censure or other reprimand;             8,939        

      (23)  The violation of section 2919.12 of the Revised Code   8,941        

or the performance or inducement of an abortion upon a pregnant    8,942        

woman with actual knowledge that the conditions specified in       8,943        

division (B) of section 2317.56 of the Revised Code have not been  8,944        

satisfied or with a heedless indifference as to whether those      8,945        

conditions have been satisfied, unless an affirmative defense as   8,946        

specified in division (H)(2) of that section would apply in a      8,947        

civil action authorized by division (H)(1) of that section;        8,948        

      (24)  The revocation, suspension, restriction, reduction,    8,950        

or termination of clinical privileges by the United States         8,952        

department of defense or department of veterans affairs or the     8,954        

termination or suspension of a certificate of registration to      8,955        

prescribe drugs by the drug enforcement administration of the      8,956        

                                                          204    


                                                                 
United States department of justice;                               8,957        

      (25)  Termination or suspension from participation in the    8,959        

medicare or medicaid programs by the department of health and      8,961        

human services or other responsible agency for any act or acts     8,962        

that also would constitute a violation of division (B)(2), (3),    8,963        

(6), (8), or (19) of this section;                                 8,964        

      (26)  Impairment of ability to practice according to         8,966        

acceptable and prevailing standards of care because of habitual    8,967        

or excessive use or abuse of drugs, alcohol, or other substances   8,968        

that impair ability to practice.                                   8,969        

      For the purposes of this division, any individual            8,971        

authorized to practice by this chapter accepts the privilege of    8,973        

practicing in this state subject to supervision by the board.  By  8,974        

filing an application for or holding a certificate to practice     8,977        

under this chapter, an individual shall be deemed to have given    8,979        

consent to submit to a mental or physical examination when         8,980        

ordered to do so by the board in writing, and to have waived all   8,981        

objections to the admissibility of testimony or examination        8,982        

reports that constitute privileged communications.                 8,983        

      If it has reason to believe that any individual authorized   8,985        

to practice by this chapter or any applicant for certification to  8,987        

practice suffers such impairment, the board may compel the         8,988        

individual to submit to a mental or physical examination, or       8,989        

both.  The expense of the examination is the responsibility of     8,991        

the individual compelled to be examined.  Any mental or physical   8,993        

examination required under this division shall be undertaken by a  8,994        

treatment provider or physician who is qualified to conduct the    8,995        

examination and who is chosen by the board.                        8,996        

      Failure to submit to a mental or physical examination        8,999        

ordered by the board constitutes an admission of the allegations   9,000        

against the individual unless the failure is due to circumstances  9,001        

beyond the individual's control, and a default and final order     9,002        

may be entered without the taking of testimony or presentation of  9,003        

evidence.  If the board determines that the individual's ability   9,004        

                                                          205    


                                                                 
to practice is impaired, the board shall suspend the individual's  9,005        

certificate or deny the individual's application and shall         9,006        

require the individual, as a condition for initial, continued,     9,007        

reinstated, or renewed certification to practice, to submit to     9,009        

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        9,011        

certificate suspended under this division, the impaired            9,013        

practitioner shall demonstrate to the board the ability to resume  9,015        

practice in compliance with acceptable and prevailing standards    9,016        

of care under the provisions of the practitioner's certificate.    9,017        

The demonstration shall include, but shall not be limited to, the  9,019        

following:                                                                      

      (a)  Certification from a treatment provider approved under  9,021        

section 4731.25 of the Revised Code that the individual has        9,023        

successfully completed any required inpatient treatment;           9,024        

      (b)  Evidence of continuing full compliance with an          9,026        

aftercare contract or consent agreement;                           9,027        

      (c)  Two written reports indicating that the individual's    9,029        

ability to practice has been assessed and that the individual has  9,030        

been found capable of practicing according to acceptable and       9,031        

prevailing standards of care.  The reports shall be made by        9,032        

individuals or providers approved by the board for making the      9,033        

assessments and shall describe the basis for their determination.  9,034        

      The board may reinstate a certificate suspended under this   9,037        

division after that demonstration and after the individual has     9,038        

entered into a written consent agreement.                          9,039        

      When the impaired practitioner resumes practice, the board   9,041        

shall require continued monitoring of the individual.  The         9,043        

monitoring shall include, but not be limited to, compliance with   9,045        

the written consent agreement entered into before reinstatement    9,046        

or with conditions imposed by board order after a hearing, and,    9,047        

upon termination of the consent agreement, submission to the       9,048        

board for at least two years of annual written progress reports    9,049        

made under penalty of perjury stating whether the individual has   9,050        

                                                          206    


                                                                 
maintained sobriety.                                               9,051        

      (27)  A second or subsequent violation of section 4731.66    9,053        

or 4731.69 of the Revised Code;                                    9,054        

      (28)  Except as provided in division (N) of this section:    9,056        

      (a)  Waiving the payment of all or any part of a deductible  9,059        

or copayment that a patient, pursuant to a health insurance or     9,060        

health care policy, contract, or plan that covers the              9,061        

individual's services, otherwise would be required to pay if the   9,063        

waiver is used as an enticement to a patient or group of patients  9,064        

to receive health care services from that individual;              9,065        

      (b)  Advertising that the individual will waive the payment  9,068        

of all or any part of a deductible or copayment that a patient,    9,069        

pursuant to a health insurance or health care policy, contract,    9,070        

or plan that covers the individual's services, otherwise would be  9,072        

required to pay.                                                   9,073        

      (29)  Failure to use universal blood and body fluid          9,075        

precautions established by rules adopted under section 4731.051    9,076        

of the Revised Code;                                               9,077        

      (30)  Failure of a collaborating physician to perform the    9,080        

responsibilities agreed to by the physician in the protocol        9,081        

established between the physician and an advanced practice nurse   9,082        

in accordance with section 4723.56 of the Revised Code;            9,083        

      (31)  Failure to provide notice to, and receive              9,085        

acknowledgment of the notice from, a patient when required by      9,087        

section 4731.143 of the Revised Code prior to providing            9,088        

nonemergency professional services, or failure to maintain that    9,089        

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         9,091        

assistant to maintain supervision in accordance with the           9,092        

requirements of Chapter 4730. of the Revised Code and the rules    9,093        

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to maintain a     9,095        

standard care arrangement with a clinical nurse specialist,        9,096        

certified nurse-midwife, or certified nurse practitioner with      9,097        

                                                          207    


                                                                 
whom the physician or podiatrist is in collaboration pursuant to   9,098        

section 4731.27 of the Revised Code and practice in accordance     9,099        

with the arrangement;                                                           

      (34)  Failure to comply with the terms of a consult          9,101        

agreement entered into with a pharmacist pursuant to section       9,102        

4729.39 of the Revised Code;                                       9,103        

      (35)  Failure to cooperate in an investigation conducted by  9,105        

the board under division (F) of this section, including failure    9,107        

to comply with a subpoena or order issued by the board or failure  9,108        

to answer truthfully a question presented by the board at a        9,109        

deposition or in written interrogatories, except that failure to   9,110        

cooperate with an investigation shall not constitute grounds for   9,111        

discipline under this section if a court of competent              9,112        

jurisdiction has issued an order that either quashes a subpoena    9,113        

or permits the individual to withhold the testimony or evidence    9,114        

in issue.                                                                       

      (C)  Disciplinary actions taken by the board under           9,116        

divisions (A) and (B) of this section shall be taken pursuant to   9,117        

an adjudication under Chapter 119. of the Revised Code, except     9,118        

that in lieu of an adjudication, the board may enter into a        9,119        

consent agreement with an individual to resolve an allegation of   9,120        

a violation of this chapter or any rule adopted under it.  A       9,121        

consent agreement, when ratified by an affirmative vote of not     9,122        

fewer than six members of the board, shall constitute the          9,123        

findings and order of the board with respect to the matter         9,124        

addressed in the agreement.  If the board refuses to ratify a      9,125        

consent agreement, the admissions and findings contained in the    9,126        

consent agreement shall be of no force or effect.                  9,127        

      (D)  For purposes of divisions (B)(10), (12), and (14) of    9,129        

this section, the commission of the act may be established by a    9,130        

finding by the board, pursuant to an adjudication under Chapter    9,132        

119. of the Revised Code, that the individual committed the act.                

The board does not have jurisdiction under those divisions if the  9,135        

trial court renders a final judgment in the individual's favor                  

                                                          208    


                                                                 
and that judgment is based upon an adjudication on the merits.     9,138        

The board has jurisdiction under those divisions if the trial      9,139        

court issues an order of dismissal upon technical or procedural    9,140        

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    9,142        

have no effect upon a prior board order entered under this         9,143        

section or upon the board's jurisdiction to take action under      9,144        

this section if, based upon a plea of guilty, a judicial finding   9,146        

of guilt, or a judicial finding of eligibility for treatment in    9,147        

lieu of conviction, the board issued a notice of opportunity for   9,148        

a hearing prior to the court's order to seal the records.  The     9,149        

board shall not be required to seal, destroy, redact, or           9,150        

otherwise modify its records to reflect the court's sealing of     9,151        

conviction records.                                                9,152        

      (F)(1)  The board shall investigate evidence that appears    9,154        

to show that a person has violated any provision of this chapter   9,156        

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  9,158        

appears to show a violation of any provision of this chapter or    9,159        

any rule adopted under it.  In the absence of bad faith, any       9,161        

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  9,163        

of the Revised Code shall not be liable in damages in a civil      9,164        

action as a result of the report or testimony.  Each complaint or  9,166        

allegation of a violation received by the board shall be assigned  9,167        

a case number and shall be recorded by the board.                  9,168        

      (2)  Investigations of alleged violations of this chapter    9,170        

or any rule adopted under it shall be supervised by the            9,172        

supervising member elected by the board in accordance with         9,173        

section 4731.02 of the Revised Code and by the secretary as        9,174        

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         9,176        

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         9,178        

                                                          209    


                                                                 
participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   9,181        

or any rule adopted under this chapter, the board may administer   9,183        

oaths, order the taking of depositions, issue subpoenas, and       9,184        

compel the attendance of witnesses and production of books,        9,185        

accounts, papers, records, documents, and testimony, except that   9,186        

a subpoena for patient record information shall not be issued      9,187        

without consultation with the attorney general's office and        9,188        

approval of the secretary and supervising member of the board.     9,190        

Before issuance of a subpoena for patient record information, the  9,191        

secretary and supervising member shall determine whether there is  9,194        

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    9,195        

the records sought are relevant to the alleged violation and       9,197        

material to the investigation.  The subpoena may apply only to     9,198        

records that cover a reasonable period of time surrounding the     9,199        

alleged violation.                                                 9,200        

      On failure to comply with any subpoena issued by the board   9,203        

and after reasonable notice to the person being subpoenaed, the    9,204        

board may move for an order compelling the production of persons   9,205        

or records pursuant to the Rules of Civil Procedure.               9,206        

      A subpoena issued by the board may be served by a sheriff,   9,208        

the sheriff's deputy, or a board employee designated by the        9,209        

board.  Service of a subpoena issued by the board may be made by   9,211        

delivering a copy of the subpoena to the person named therein,     9,212        

reading it to the person, or leaving it at the person's usual      9,213        

place of residence.  When the person being served is a person      9,214        

whose practice is authorized by this chapter, service of the       9,215        

subpoena may be made by certified mail, restricted delivery,       9,216        

return receipt requested, and the subpoena shall be deemed served  9,217        

on the date delivery is made or the date the person refuses to     9,218        

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   9,220        

same fees as a sheriff.  Each witness who appears before the       9,222        

                                                          210    


                                                                 
board in obedience to a subpoena shall receive the fees and        9,224        

mileage provided for witnesses in civil cases in the courts of     9,225        

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   9,227        

considered civil actions for the purposes of section 2305.251 of   9,228        

the Revised Code.                                                  9,229        

      (5)  Information received by the board pursuant to an        9,231        

investigation is confidential and not subject to discovery in any  9,232        

civil action.                                                      9,233        

      The board shall conduct all investigations and proceedings   9,235        

in a manner that protects the confidentiality of patients and      9,237        

persons who file complaints with the board.  The board shall not   9,239        

make public the names or any other identifying information about   9,240        

patients or complainants unless proper consent is given or, in     9,241        

the case of a patient, a waiver of the patient privilege exists    9,242        

under division (B) of section 2317.02 of the Revised Code, except  9,243        

that consent or a waiver of that nature is not required if the     9,244        

board possesses reliable and substantial evidence that no bona     9,246        

fide physician-patient relationship exists.                        9,247        

      The board may share any information it receives pursuant to  9,250        

an investigation, including patient records and patient record     9,251        

information, with other licensing boards and governmental          9,252        

agencies that are investigating alleged professional misconduct    9,253        

and with law enforcement agencies and other governmental agencies  9,255        

that are investigating or prosecuting alleged criminal offenses.                

A board or agency that receives the information shall comply with  9,256        

the same requirements regarding confidentiality as those with      9,257        

which the state medical board must comply, notwithstanding any     9,258        

conflicting provision of the Revised Code or procedure of the      9,260        

board or agency that applies when the board or agency is dealing                

with other information in its possession.  The information may be  9,262        

admitted into evidence in a criminal trial in accordance with the  9,263        

Rules of Evidence, but the court shall require that appropriate    9,264        

measures are taken to ensure that confidentiality is maintained    9,265        

                                                          211    


                                                                 
with respect to any part of the information that contains names    9,266        

or other identifying information about patients or complainants                 

whose confidentiality was protected by the state medical board     9,267        

when the information was in the board's possession.  Measures to   9,268        

ensure confidentiality that may be taken by the court include      9,269        

sealing its records or deleting specific information from its      9,271        

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  9,273        

that documents the disposition of all cases during the preceding   9,274        

three months.  The report shall contain the following information  9,275        

for each case with which the board has completed its activities:   9,276        

      (a)  The case number assigned to the complaint or alleged    9,278        

violation;                                                         9,279        

      (b)  The type of certificate to practice, if any, held by    9,282        

the individual against whom the complaint is directed;             9,283        

      (c)  A description of the allegations contained in the       9,285        

complaint;                                                         9,286        

      (d)  The disposition of the case.                            9,288        

      The report shall state how many cases are still pending and  9,291        

shall be prepared in a manner that protects the identity of each   9,293        

person involved in each case.  The report shall be a public        9,294        

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  9,296        

there is clear and convincing evidence that an individual has      9,298        

violated division (B) of this section and that the individual's    9,299        

continued practice presents a danger of immediate and serious      9,301        

harm to the public, they may recommend that the board suspend the  9,302        

individual's certificate to practice without a prior hearing.      9,304        

Written allegations shall be prepared for consideration by the                  

board.                                                             9,305        

      The board, upon review of those allegations and by an        9,307        

affirmative vote of not fewer than six of its members, excluding   9,309        

the secretary and supervising member, may suspend a certificate    9,310        

without a prior hearing.  A telephone conference call may be       9,311        

                                                          212    


                                                                 
utilized for reviewing the allegations and taking the vote on the  9,312        

summary suspension.                                                9,313        

      The board shall issue a written order of suspension by       9,315        

certified mail or in person in accordance with section 119.07 of   9,316        

the Revised Code.  The order shall not be subject to suspension    9,318        

by the court during pendency of any appeal filed under section     9,319        

119.12 of the Revised Code.  If the individual subject to the      9,321        

summary suspension requests an adjudicatory hearing by the board,  9,322        

the date set for the hearing shall be within fifteen days, but     9,323        

not earlier than seven days, after the individual requests the     9,325        

hearing, unless otherwise agreed to by both the board and the      9,326        

individual.                                                                     

      Any summary suspension imposed under this division shall     9,328        

remain in effect, unless reversed on appeal, until a final         9,329        

adjudicative order issued by the board pursuant to this section    9,330        

and Chapter 119. of the Revised Code becomes effective.  The       9,331        

board shall issue its final adjudicative order within sixty days   9,332        

after completion of its hearing.  A failure to issue the order     9,333        

within sixty days shall result in dissolution of the summary       9,334        

suspension order but shall not invalidate any subsequent, final    9,335        

adjudicative order.                                                9,336        

      (H)  If the board takes action under division (B)(9), (11),  9,339        

or (13) of this section and the judicial finding of guilt, guilty  9,340        

plea, or judicial finding of eligibility for treatment in lieu of  9,341        

conviction is overturned on appeal, upon exhaustion of the         9,343        

criminal appeal, a petition for reconsideration of the order may   9,344        

be filed with the board along with appropriate court documents.    9,345        

Upon receipt of a petition of that nature and supporting court     9,346        

documents, the board shall reinstate the individual's certificate  9,347        

to practice.  The board may then hold an adjudication under        9,348        

Chapter 119. of the Revised Code to determine whether the          9,349        

individual committed the act in question.  Notice of an            9,351        

opportunity for a hearing shall be given in accordance with        9,352        

Chapter 119. of the Revised Code.  If the board finds, pursuant    9,353        

                                                          213    


                                                                 
to an adjudication held under this division, that the individual   9,354        

committed the act or if no hearing is requested, the board may     9,356        

order any of the sanctions identified under division (B) of this   9,357        

section.                                                                        

      (I)  The certificate to practice issued to an individual     9,359        

under this chapter and the individual's practice in this state     9,361        

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      9,363        

subject to a judicial finding of eligibility for INTERVENTION IN   9,364        

LIEU OF CONVICTION IN THIS STATE OR treatment OR INTERVENTION in   9,365        

lieu of conviction IN ANOTHER STATE for any of the following       9,367        

criminal offenses in this state or a substantially equivalent      9,369        

criminal offense in another jurisdiction: aggravated murder,       9,370        

murder, voluntary manslaughter, felonious assault, kidnapping,     9,371        

rape, sexual battery, gross sexual imposition, aggravated arson,   9,372        

aggravated robbery, or aggravated burglary.  Continued practice    9,374        

after suspension shall be considered practicing without a          9,375        

certificate.                                                                    

      The board shall notify the individual subject to the         9,378        

suspension by certified mail or in person in accordance with       9,379        

section 119.07 of the Revised Code.  If an individual whose        9,380        

certificate is suspended under this division fails to make a       9,381        

timely request for an adjudication under Chapter 119. of the       9,382        

Revised Code, the board shall enter a final order permanently      9,383        

revoking the individual's certificate to practice.                 9,384        

      (J)  If the board is required by Chapter 119. of the         9,387        

Revised Code to give notice of an opportunity for a hearing and    9,388        

if the individual subject to the notice does not timely request a  9,389        

hearing in accordance with section 119.07 of the Revised Code,     9,391        

the board is not required to hold a hearing, but may adopt, by an  9,392        

affirmative vote of not fewer than six of its members, a final     9,394        

order that contains the board's findings.  In that final order,    9,395        

the board may order any of the sanctions identified under          9,396        

division (A) or (B) of this section.                               9,397        

                                                          214    


                                                                 
      (K)  Any action taken by the board under division (B) of     9,399        

this section resulting in a suspension from practice shall be      9,400        

accompanied by a written statement of the conditions under which   9,401        

the individual's certificate to practice may be reinstated.  The   9,403        

board shall adopt rules governing conditions to be imposed for     9,404        

reinstatement.  Reinstatement of a certificate suspended pursuant  9,405        

to division (B) of this section requires an affirmative vote of    9,406        

not fewer than six members of the board.                           9,407        

      (L)  When the board refuses to grant a certificate to an     9,410        

applicant, revokes an individual's certificate to practice,        9,412        

refuses to register an applicant, or refuses to reinstate an       9,413        

individual's certificate to practice, the board may specify that   9,414        

its action is permanent.  An individual subject to a permanent     9,415        

action taken by the board is forever thereafter ineligible to      9,416        

hold a certificate to practice and the board shall not accept an   9,417        

application for reinstatement of the certificate or for issuance   9,418        

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      9,420        

Code, all of the following apply:                                  9,421        

      (1)  The surrender of a certificate issued under this        9,423        

chapter shall not be effective unless or until accepted by the     9,425        

board.  Reinstatement of a certificate surrendered to the board    9,426        

requires an affirmative vote of not fewer than six members of the  9,427        

board.                                                                          

      (2)  An application for a certificate made under the         9,430        

provisions of this chapter may not be withdrawn without approval   9,432        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      9,435        

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     9,437        

under this section against the individual.                         9,438        

      (N)  Sanctions shall not be imposed under division (B)(28)   9,441        

of this section against any person who waives deductibles and      9,442        

copayments as follows:                                                          

                                                          215    


                                                                 
      (1)  In compliance with the health benefit plan that         9,444        

expressly allows such a practice.  Waiver of the deductibles or    9,445        

copayments shall be made only with the full knowledge and consent  9,446        

of the plan purchaser, payer, and third-party administrator.       9,447        

Documentation of the consent shall be made available to the board  9,448        

upon request.                                                                   

      (2)  For professional services rendered to any other person  9,450        

authorized to practice pursuant to this chapter, to the extent     9,452        

allowed by this chapter and rules adopted by the board.            9,453        

      (O)  Under the board's investigative duties described in     9,455        

this section and subject to division (F) of this section, the      9,457        

board shall develop and implement a quality intervention program   9,459        

designed to improve through remedial education the clinical and    9,461        

communication skills of individuals authorized under this chapter  9,462        

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         9,464        

quality intervention program, the board may do all of the          9,465        

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   9,467        

an educational and assessment program pursuant to an               9,468        

investigation the board conducts under this section;               9,469        

      (2)  Select providers of educational and assessment          9,471        

services, including a quality intervention program panel of case   9,472        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    9,475        

providers and approve individual educational programs recommended  9,476        

by those providers.  The board shall monitor the progress of each  9,477        

individual undertaking a recommended individual educational        9,478        

program.                                                           9,479        

      (4)  Determine what constitutes successful completion of an  9,481        

individual educational program and require further monitoring of   9,482        

the individual who completed the program or other action that the  9,484        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      9,486        

                                                          216    


                                                                 
Revised Code to further implement the quality intervention         9,488        

program.                                                                        

      An individual who participates in an individual educational  9,491        

program pursuant to this division shall pay the financial          9,492        

obligations arising from that educational program.                 9,493        

      Sec. 4953.11.  The officers and agents (A)  AN OFFICER OR    9,502        

AGENT of a union terminal company shall have the same authority    9,505        

to arrest and bring to justice pickpockets, thieves, persons who                

violate WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON IS A       9,506        

PICKPOCKET, IS A THIEF, HAS VIOLATED the public peace, persons     9,507        

who violate any rules and regulations HAS VIOLATED ANY RULE OR     9,508        

REGULATION posted as provided by section 4953.07 of the Revised    9,511        

Code, and persons who commit crimes and misdemeanors OR HAS        9,512        

COMMITTED ANY CRIME OR MISDEMEANOR on the depot grounds, as        9,513        

constables possess within their respective townships MAY DETAIN    9,515        

THE PERSON IN A REASONABLE MANNER AND FOR A REASONABLE LENGTH OF   9,516        

TIME WITHIN THE PROPERTY OF THE UNION TERMINAL COMPANY, FOR THE    9,517        

PURPOSE OF RECOVERING ANY PROPERTY INVOLVED IN THE VIOLATION,      9,518        

CAUSING AN ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A    9,519        

WARRANT OF ARREST.                                                 9,520        

      (B)  AN OFFICER OR AGENT OF A UNION TERMINAL COMPANY ACTING  9,523        

UNDER DIVISION (A) OF THIS SECTION SHALL NOT SEARCH THE PERSON     9,525        

DETAINED, SEARCH OR SEIZE ANY PROPERTY BELONGING TO THE PERSON     9,526        

DETAINED WITHOUT THE PERSON'S CONSENT, OR USE UNDUE RESTRAINT      9,527        

UPON THE PERSON DETAINED.                                                       

      (C)  ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF     9,530        

THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE  9,532        

OFFICER HAS PROBABLE CAUSE TO BELIEVE IS A PICKPOCKET, IS A        9,533        

THIEF, HAS VIOLATED ANY RULE OR REGULATION PROVIDED BY SECTION     9,534        

4953.07 OF THE REVISED CODE THAT ALSO IS A VIOLATION OF LAW, OR    9,536        

HAS COMMITTED ANY CRIME OR MISDEMEANOR ON THE DEPOT GROUNDS AND    9,537        

SHALL MAKE THE ARREST WITHIN A REASONABLE TIME AFTER THE           9,538        

COMMISSION OF THE ACT OR VIOLATION THAT IS THE BASIS OF THE        9,539        

ARREST.                                                                         

                                                          217    


                                                                 
      Sec. 4973.23.  The (A)  A conductor of every ANY train       9,549        

carrying passengers OR OF THE CARS OF ANY INTERURBAN RAILROAD      9,550        

CARRYING PASSENGERS, and the A ticket agent and special policemen  9,551        

employed in or about a railroad or interurban railroad station     9,552        

have the powers, duties, and responsibilities of police officers,  9,554        

while on duty on such THE train or cars, or in or about such THE   9,556        

station, and may wear the badge of a special policeman WHO HAS     9,558        

PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS COMMITTED AN OFFENSE   9,559        

MAY DETAIN THE PERSON IN A REASONABLE MANNER AND FOR A REASONABLE  9,560        

LENGTH OF TIME WITHIN THE TRAIN, THE CARS, OR THE STATION, FOR     9,561        

THE PURPOSE OF RECOVERING ANY PROPERTY INVOLVED IN THE OFFENSE,    9,562        

CAUSING AN ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A    9,563        

WARRANT OF ARREST.                                                 9,564        

      (B)  A CONDUCTOR OR TICKET AGENT ACTING UNDER DIVISION (A)   9,568        

OF THIS SECTION SHALL NOT SEARCH THE PERSON DETAINED, SEARCH OR    9,569        

SEIZE ANY PROPERTY BELONGING TO THE PERSON DETAINED WITHOUT THE    9,570        

PERSON'S CONSENT, OR USE UNDUE RESTRAINT UPON THE PERSON           9,571        

DETAINED.                                                                       

      (C)  ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF     9,574        

THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE  9,576        

OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED ANY VIOLATION  9,577        

OF LAW AND SHALL MAKE THE ARREST WITHIN A REASONABLE TIME AFTER    9,580        

THE COMMISSION OF THE VIOLATION OF LAW.                                         

      Sec. 4973.25.  When a passenger is guilty of an offense on   9,589        

a passenger train or the cars of an interurban railroad carrying   9,591        

passengers, the conductor of such train or cars may arrest and     9,592        

take him before a magistrate having cognizance of such offense in  9,593        

any county in which such train or cars runs, and file an           9,594        

affidavit before such magistrate charging him with the offense.    9,595        

In no case shall the liability of a railroad company for damages   9,596        

caused by the conduct of its conductor be affected by this         9,597        

section and section 4973.23 OR 4973.24 of the Revised Code.        9,598        

      Sec. 5120.031.  (A)  As used in this section:                9,605        

      (1)  "Certificate of high school equivalence" means a        9,607        

                                                          218    


                                                                 
statement that is issued by the state board of education or an     9,608        

equivalent agency of another state and that indicates that its     9,609        

holder has achieved the equivalent of a high school education as   9,610        

measured by scores obtained on the tests of general educational    9,611        

development published by the American council on education.        9,612        

      (2)  "Certificate of adult basic education" means a          9,614        

statement that is issued by the department of rehabilitation and   9,615        

correction through the Ohio central school system approved by the  9,616        

state board of education and that indicates that its holder has    9,617        

achieved a 6.0 grade level, or higher, as measured by scores of    9,618        

nationally standardized or recognized tests.                       9,619        

      (3)  "Deadly weapon" and "firearm" have the same meanings    9,621        

as in section 2923.11 of the Revised Code.                         9,622        

      (4)  "Eligible offender" means a person, other than one who  9,624        

is ineligible to participate in an intensive program prison under  9,626        

the criteria specified in section 5120.032 of the Revised Code,    9,627        

who has been convicted of or pleaded guilty to, and has been       9,629        

sentenced for, a felony.                                                        

      (5)  "Shock incarceration" means the program of              9,631        

incarceration that is established pursuant to the rules of the     9,632        

department of rehabilitation and correction adopted under this     9,633        

section.                                                           9,634        

      (B)(1)  The director of rehabilitation and correction, by    9,636        

rules adopted under Chapter 119. of the Revised Code, shall        9,637        

establish a pilot program of shock incarceration that may be used  9,638        

for eligible offenders who are sentenced to serve a term of        9,639        

imprisonment under the custody of the department of                9,640        

rehabilitation and correction and whom the department, subject to  9,641        

the approval of the sentencing judge, may permit to serve their    9,643        

sentence as a sentence of shock incarceration in accordance with   9,644        

this section.                                                                   

      (2)  The rules for the pilot program shall require that the  9,646        

program be established at an appropriate state correctional        9,647        

institution designated by the director and that the program        9,648        

                                                          219    


                                                                 
consist of both of the following for each eligible offender whom   9,650        

the department, with the approval of the sentencing judge,         9,652        

permits to serve the eligible offender's sentence as a sentence    9,653        

of shock incarceration:                                            9,654        

      (a)  A period of imprisonment at that institution of ninety  9,656        

days that shall consist of a military style combination of         9,657        

discipline, physical training, and hard labor and substance abuse  9,658        

education, employment skills training, social skills training,     9,659        

and psychological treatment.  During the ninety-day period, the    9,660        

department may permit an eligible offender to participate in a     9,661        

self-help program.  Additionally, during the ninety-day period,    9,662        

an eligible offender who holds a high school diploma or a          9,663        

certificate of high school equivalence may be permitted to tutor   9,664        

other eligible offenders in the shock incarceration program.  If   9,665        

an eligible offender does not hold a high school diploma or        9,666        

certificate of high school equivalence, the eligible offender may  9,667        

elect to participate in an education program that is designed to   9,669        

award a certificate of adult basic education or an education       9,670        

program that is designed to award a certificate of high school     9,671        

equivalence to those eligible offenders who successfully complete  9,672        

the education program, whether the completion occurs during or     9,673        

subsequent to the ninety-day period.  To the extent possible, the  9,674        

department shall use as teachers in the education program persons  9,675        

who have been issued a license pursuant to sections 3319.22 to     9,676        

3319.31 of the Revised Code, who have volunteered their services   9,677        

to the education program, and who satisfy any other criteria       9,678        

specified in the rules for the pilot project.                      9,679        

      (b)  Immediately following the ninety-day period of          9,681        

imprisonment, and notwithstanding any other provision governing    9,682        

the early release of a prisoner from imprisonment or the transfer  9,684        

of a prisoner to transitional control, one of the following, as    9,685        

determined by the director:                                                     

      (i)  An intermediate, transitional type of detention for     9,688        

the period of time determined by the director and, immediately     9,689        

                                                          220    


                                                                 
following the intermediate, transitional type of detention, a      9,690        

release under a post-release control sanction imposed in           9,691        

accordance with section 2967.28 of the Revised Code.  The period   9,693        

of intermediate, transitional type of detention imposed by the     9,694        

director under this division may be in a halfway house, in a       9,695        

community-based correctional facility and program or district      9,696        

community-based correctional facility and program established      9,697        

under sections 2301.51 to 2301.56 of the Revised Code, or in any   9,698        

other facility approved by the director that provides for          9,699        

detention to serve as a transition between imprisonment in a       9,700        

state correctional institution and release from imprisonment.      9,701        

      (ii)  A release under a post-release control sanction        9,704        

imposed in accordance with section 2967.28 of the Revised Code.    9,705        

      (3)  The rules for the pilot program also shall include,     9,707        

but are not limited to, all of the following:                      9,708        

      (a)  Rules identifying the locations within the state        9,710        

correctional institution designated by the director that will be   9,711        

used for eligible offenders serving a sentence of shock            9,712        

incarceration;                                                     9,713        

      (b)  Rules establishing specific schedules of discipline,    9,715        

physical training, and hard labor for eligible offenders serving   9,716        

a sentence of shock incarceration, based upon the offender's       9,717        

physical condition and needs;                                      9,718        

      (c)  Rules establishing standards and criteria for the       9,720        

department to use in determining which eligible offenders the      9,721        

department will permit to serve their sentence of imprisonment as  9,722        

a sentence of shock incarceration;                                 9,723        

      (d)  Rules establishing guidelines for the selection of      9,727        

post-release control sanctions for eligible offenders;             9,729        

      (e)  Rules establishing procedures for notifying sentencing  9,733        

courts of the performance of eligible offenders serving their      9,734        

sentences of imprisonment as a sentence of shock incarceration;    9,735        

      (f)  Any other rules that are necessary for the proper       9,738        

conduct of the pilot program.                                                   

                                                          221    


                                                                 
      (C)(1)  Subject to disapproval by the sentencing judge, if   9,740        

IF an eligible offender is sentenced to a term of imprisonment     9,742        

under the custody of the department, IF THE SENTENCING COURT       9,743        

DETERMINED THAT THE OFFENDER IS ELIGIBLE FOR PLACEMENT IN A        9,745        

PROGRAM OF SHOCK INCARCERATION UNDER THIS SECTION, AND IF THE                   

SENTENCING COURT EITHER RECOMMENDS THE OFFENDER FOR PLACEMENT IN   9,746        

A PROGRAM OF SHOCK INCARCERATION OR MAKES NO RECOMMENDATION ON     9,747        

PLACEMENT OF THE OFFENDER, the department may permit the eligible  9,749        

offender to serve the sentence as a sentence IN A PROGRAM of       9,750        

shock incarceration, in accordance WITH DIVISION (K) OF SECTION    9,751        

2929.14 OF THE REVISED CODE, with this section, and WITH the       9,753        

rules adopted under this section.  At                                           

      IF THE SENTENCING COURT RECOMMENDS THE OFFENDER FOR          9,755        

PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT   9,756        

SUBSEQUENTLY PLACES THE OFFENDER IN THE RECOMMENDED PROGRAM, THE   9,757        

DEPARTMENT SHALL NOTIFY THE COURT OF THE OFFENDER'S PLACEMENT IN   9,758        

THE RECOMMENDED PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF  9,759        

DESCRIPTION OF THE PLACEMENT.                                                   

      IF THE SENTENCING COURT APPROVES PLACEMENT OF THE OFFENDER   9,761        

IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT DOES NOT    9,762        

SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PROGRAM, THE    9,764        

DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE     9,765        

OFFENDER WAS NOT PLACED IN THE RECOMMENDED PROGRAM.                             

      IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON    9,767        

THE PLACEMENT OF AN ELIGIBLE OFFENDER IN A PROGRAM OF SHOCK        9,769        

INCARCERATION, THE DEPARTMENT SHALL SCREEN THE OFFENDER AND        9,770        

DETERMINE IF THE OFFENDER IS SUITED FOR THE PROGRAM OF SHOCK       9,771        

INCARCERATION.  IF THE OFFENDER IS SUITED FOR THE PROGRAM OF                    

SHOCK INCARCERATION, AT least three weeks prior to permitting an   9,774        

eligible offender to serve a THE sentence IN A PROGRAM of shock    9,776        

incarceration, the department shall notify the sentencing judge                 

COURT of the proposed shock incarceration and of the fact that     9,778        

the judge may disapprove it PLACEMENT OF THE OFFENDER IN THE       9,779        

PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF   9,780        

                                                          222    


                                                                 
THE PLACEMENT.  THE COURT SHALL HAVE TEN DAYS FROM RECEIPT OF THE  9,781        

NOTICE TO DISAPPROVE THE PLACEMENT.  If the sentencing judge       9,782        

COURT disapproves of shock incarceration for the eligible          9,783        

offender, the judge shall notify the department of the             9,784        

disapproval within ten days after receipt of the notice, and THE   9,786        

PLACEMENT, the department shall not permit the eligible offender   9,787        

to serve a THE sentence IN A PROGRAM of shock incarceration.  If   9,789        

the judge does not timely disapprove of PLACEMENT OF THE OFFENDER  9,790        

IN THE PROGRAM OF shock incarceration for the eligible offender,   9,791        

the department may proceed with plans for the shock incarceration  9,792        

PLACEMENT OF THE OFFENDER.                                         9,793        

      IF THE SENTENCING COURT DETERMINED THAT THE OFFENDER IS NOT  9,795        

ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION OR IF   9,796        

THE SENTENCING COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A    9,797        

PROGRAM OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND       9,798        

CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY PROGRAM OF SHOCK    9,799        

INCARCERATION.                                                                  

      (2)  If the department permits an eligible offender to       9,801        

serve the eligible offender's sentence of imprisonment as a        9,802        

sentence of shock incarceration and the eligible offender does     9,803        

not satisfactorily complete the entire period of imprisonment      9,804        

described in division (B)(2)(a) of this section, the offender      9,805        

shall be removed from the pilot program for shock incarceration    9,806        

and shall be required to serve the remainder of the offender's     9,807        

sentence of imprisonment imposed by the sentencing court as a      9,809        

regular term of imprisonment.  If the eligible offender commences  9,810        

a period of post-release control described in division (B)(2)(b)   9,812        

of this section and violates the conditions of that post-release   9,813        

control, the eligible offender shall be subject to the provisions  9,814        

of sections 2967.15 and 2967.28 of the Revised Code regarding      9,816        

violation of post-release control sanctions.                                    

      (3)  If an eligible offender's stated prison term expires    9,820        

at any time during the eligible offender's participation in the    9,822        

shock incarceration program, the adult parole authority shall      9,823        

                                                          223    


                                                                 
terminate the eligible offender's participation in the program     9,825        

and shall issue to the eligible offender a certificate of          9,827        

expiration of the stated prison term.                              9,828        

      (D)  The director shall keep sentencing courts informed of   9,830        

the performance of eligible offenders serving their sentences of   9,831        

imprisonment as a sentence of shock incarceration, including, but  9,832        

not limited to, notice of eligible offenders who fail to           9,833        

satisfactorily complete their entire sentence of shock             9,834        

incarceration or who satisfactorily complete their entire          9,835        

sentence of shock incarceration.                                   9,836        

      (E)  Within a reasonable period of time after November 20,   9,839        

1990, the director shall appoint a committee to search for one or  9,842        

more suitable sites at which one or more programs of shock         9,843        

incarceration, in addition to the pilot program required by        9,844        

division (B)(1) of this section, may be established.  The search                

committee shall consist of the director or the director's          9,845        

designee, as chairperson; employees of the department of           9,847        

rehabilitation and correction appointed by the director; and any   9,848        

other persons that the director, in the director's discretion,     9,849        

appoints.  In searching for such sites, the search committee       9,851        

shall give preference to any site owned by the state or any other  9,852        

governmental entity and to any existing structure that reasonably  9,853        

could be renovated, enlarged, converted, or remodeled for          9,854        

purposes of establishing such a program.  The search committee     9,855        

shall prepare a report concerning its activities and, on the       9,856        

earlier of the day that is twelve months after the first day on    9,857        

which an eligible offender began serving a sentence of shock       9,858        

incarceration under the pilot program or January 1, 1992, shall    9,859        

file the report with the president and the minority leader of the  9,860        

senate, the speaker and the minority leader of the house of        9,861        

representatives, the members of the senate who were members of     9,862        

the senate judiciary committee in the 118th general assembly or    9,863        

their successors, and the members of the house of representatives  9,864        

who were members of the select committee to hear drug legislation  9,865        

                                                          224    


                                                                 
that was established in the 118th general assembly or their        9,866        

successors.  Upon the filing of the report, the search committee   9,867        

shall terminate.  The report required by this division shall       9,868        

contain all of the following:                                      9,869        

      (1)  A summary of the process used by the search committee   9,871        

in performing its duties under this division;                      9,872        

      (2)  A summary of all of the sites reviewed by the search    9,874        

committee in performing its duties under this division, and the    9,875        

benefits and disadvantages it found relative to the establishment  9,876        

of a program of shock incarceration at each such site;             9,877        

      (3)  The findings and recommendations of the search          9,879        

committee as to the suitable site or sites, if any, at which a     9,880        

program of shock incarceration, in addition to the pilot program   9,881        

required by division (B)(1) of this section, may be established.   9,882        

      (F)  The director periodically shall review the pilot        9,884        

program for shock incarceration required to be established by      9,885        

division (B)(1) of this section.  The director shall prepare a     9,886        

report relative to the pilot program and, on the earlier of the    9,887        

day that is twelve months after the first day on which an          9,888        

eligible offender began serving a sentence of shock incarceration  9,889        

under the pilot program or January 1, 1992, shall file the report  9,890        

with the president and the minority leader of the senate, the      9,891        

speaker and the minority leader of the house of representatives,   9,892        

the members of the senate who were members of the senate           9,893        

judiciary committee in the 118th general assembly or their         9,894        

successors, and the members of the house of representatives who    9,895        

were members of the select committee to hear drug legislation      9,896        

that was established in the 118th general assembly or their        9,897        

successors.  The pilot program shall not terminate at the time of  9,898        

the filing of the report, but shall continue in operation in       9,899        

accordance with this section.  The report required by this         9,900        

division shall include all of the following:                       9,901        

      (1)  A summary of the pilot program as initially             9,903        

established, a summary of all changes in the pilot program made    9,904        

                                                          225    


                                                                 
during the period covered by the report and the reasons for the    9,905        

changes, and a summary of the pilot program as it exists on the    9,906        

date of preparation of the report;                                 9,907        

      (2)  A summary of the effectiveness of the pilot program,    9,909        

in the opinion of the director and employees of the department     9,910        

involved in its operation;                                         9,911        

      (3)  An analysis of the total cost of the pilot program, of  9,913        

its cost per inmate who was permitted to serve a sentence of       9,914        

shock incarceration and who served the entire sentence of shock    9,915        

incarceration, and of its cost per inmate who was permitted to     9,916        

serve a sentence of shock incarceration;                           9,917        

      (4)  A summary of the standards and criteria used by the     9,919        

department in determining which eligible offenders were permitted  9,920        

to serve their sentence of imprisonment as a sentence of shock     9,921        

incarceration;                                                     9,922        

      (5)  A summary of the characteristics of the eligible        9,924        

offenders who were permitted to serve their sentence of            9,925        

imprisonment as a sentence of shock incarceration, which summary   9,926        

shall include, but not be limited to, a listing of every offense   9,927        

of which any such eligible offender was convicted or to which any  9,928        

such eligible offender pleaded guilty and in relation to which     9,929        

the eligible offender served a sentence of shock incarceration,    9,931        

and the total number of such eligible offenders who were           9,932        

convicted of or pleaded guilty to each such offense;               9,933        

      (6)  A listing of the number of eligible offenders who were  9,935        

permitted to serve a sentence of shock incarceration and who did   9,936        

not serve the entire sentence of shock incarceration, and, to the  9,937        

extent possible, a summary of the length of the terms of           9,938        

imprisonment served by such eligible offenders after they were     9,939        

removed from the pilot program;                                    9,940        

      (7)  A summary of the effect of the pilot program on         9,942        

overcrowding at state correctional institutions;                   9,943        

      (8)  To the extent possible, an analysis of the rate of      9,945        

recidivism of eligible offenders who were permitted to serve a     9,946        

                                                          226    


                                                                 
sentence of shock incarceration and who served the entire          9,947        

sentence of shock incarceration;                                   9,948        

      (9)  Recommendations as to legislative changes to the pilot  9,950        

program that would assist in its operation or that could further   9,951        

alleviate overcrowding at state correctional institutions, and     9,952        

recommendations as to whether the pilot program should be          9,953        

expanded.                                                          9,954        

      Sec. 5120.032.  (A)  No later than January 1, 1998, the      9,964        

department of rehabilitation and correction shall develop and      9,966        

implement intensive program prisons for male and female prisoners               

other than prisoners described in division (B)(2) of this          9,967        

section. The intensive program prisons shall include institutions  9,968        

at which imprisonment of the type described in division (B)(2)(a)  9,970        

of section 5120.031 of the Revised Code is provided and prisons    9,971        

that focus on educational achievement, vocational training,        9,972        

alcohol and other drug abuse treatment, community service and      9,973        

conservation work, and other intensive regimens or combinations    9,974        

of intensive regimens.                                                          

      (B)(1)(a)  Except as provided in division (B)(2) of this     9,977        

section, IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS     9,978        

ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER THIS   9,979        

SECTION AND THE SENTENCING COURT EITHER RECOMMENDS THE OFFENDER    9,980        

FOR PLACEMENT IN THE INTENSIVE PROGRAM PRISON OR MAKES NO          9,981        

RECOMMENDATION ON PLACEMENT OF THE PRISONER, the department may    9,982        

place a THE prisoner in an intensive program prison established    9,984        

pursuant to division (A) of this section subject to the approval   9,985        

of the sentencing judge.  At                                                    

      IF THE SENTENCING COURT RECOMMENDS A PRISONER FOR PLACEMENT  9,987        

IN AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT SUBSEQUENTLY     9,988        

PLACES THE PRISONER IN THE RECOMMENDED PRISON, THE DEPARTMENT      9,989        

SHALL NOTIFY THE COURT OF THE PRISONER'S PLACEMENT IN THE          9,990        

RECOMMENDED INTENSIVE PROGRAM PRISON AND SHALL INCLUDE WITH THE    9,991        

NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT.                                    

      IF THE SENTENCING COURT APPROVES PLACEMENT OF A PRISONER IN  9,993        

                                                          227    


                                                                 
AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT DOES NOT            9,994        

SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PRISON, THE     9,995        

DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE     9,996        

PRISONER WAS NOT PLACED IN THE RECOMMENDED PRISON.                              

      IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON    9,998        

THE PLACEMENT OF AN ELIGIBLE PRISONER IN AN INTENSIVE PROGRAM      9,999        

PRISON, THE DEPARTMENT SHALL SCREEN THE PRISONER AND DETERMINE IF  10,000       

THE PRISONER IS SUITED FOR THE PRISON.  IF THE PRISONER IS SUITED  10,002       

FOR THE INTENSIVE PROGRAM PRISON, AT least three weeks prior to    10,004       

placing a THE prisoner in an intensive program THE prison, the     10,005       

department shall give notice of the placement and of the fact      10,006       

that the judge may disapprove the placement NOTIFY THE SENTENCING  10,007       

COURT OF THE PROPOSED PLACEMENT OF THE PRISONER IN THE INTENSIVE   10,008       

PROGRAM PRISON AND SHALL INCLUDE WITH THE NOTICE A BRIEF           10,009       

DESCRIPTION OF THE PLACEMENT.  THE COURT SHALL HAVE TEN DAYS FROM  10,010       

RECEIPT OF THE NOTICE TO DISAPPROVE THE PLACEMENT.  If the judge   10,011       

SENTENCING COURT disapproves the placement, the judge shall        10,012       

notify the department of the disapproval within ten days after                  

receipt of the notice.  If the judge timely disapproves the        10,013       

placement, the department shall not proceed with it.  If the       10,014       

judge SENTENCING COURT does not timely disapprove of the           10,016       

placement, the department may proceed with plans for it.                        

      IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS NOT    10,018       

ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON OR IF THE    10,019       

SENTENCING COURT DISAPPROVES PLACEMENT OF AN OFFENDER IN A PRISON  10,020       

OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND CORRECTION    10,021       

SHALL NOT PLACE THE PRISONER IN ANY INTENSIVE PROGRAM PRISON.      10,022       

      (b)  The department may reduce the stated prison term of a   10,025       

prisoner upon the prisoner's successful completion of a                         

ninety-day period in an intensive program prison.  A prisoner      10,026       

whose term has been so reduced shall be required to serve an       10,028       

intermediate, transitional type of detention followed by a         10,029       

release under post-release control sanctions or, in the                         

alternative, shall be placed under post-release control            10,030       

                                                          228    


                                                                 
sanctions, as described in division (B)(2)(b)(ii) of section       10,031       

5120.031 of the Revised Code.  In either case, the placement       10,032       

under post-release control sanctions shall be under terms set by   10,035       

the parole board in accordance with section 2967.28 of the         10,036       

Revised Code and shall be subject to the provisions of that        10,039       

section with respect to a violation of any post-release control    10,041       

sanction.                                                                       

      (2)  A prisoner who is in any of the following categories    10,043       

is not eligible to participate in an intensive program prison      10,045       

established pursuant to division (A) of this section:              10,046       

      (a)  The prisoner is serving a prison term for aggravated    10,049       

murder, murder, or a felony of the first or second degree or a     10,050       

comparable offense under the law in effect prior to the effective  10,052       

date of this section JULY 1, 1996, or the prisoner previously has  10,053       

been imprisoned for aggravated murder, murder, or a felony of the  10,054       

first or second degree or a comparable offense under the law in    10,055       

effect prior to the effective date of this section JULY 1, 1996.   10,057       

      (b)  The prisoner is serving a mandatory prison term, as     10,059       

defined in section 2929.01 of the Revised Code.                    10,060       

      (c)  The prisoner is serving a prison term for a felony of   10,062       

the third, fourth, or fifth degree that either is a sex offense,   10,063       

an offense betraying public trust, or an offense in which the      10,064       

prisoner caused or attempted to cause actual physical harm to a    10,065       

person, the prisoner is serving a prison term for a comparable     10,066       

offense under the law in effect prior to the effective date of     10,067       

this section JULY 1, 1996, or the prisoner previously has been     10,068       

imprisoned for an offense of that type or a comparable offense     10,069       

under the law in effect prior to the effective date of this        10,070       

section JULY 1, 1996.                                              10,071       

      (d)  The prisoner is serving a mandatory prison term in      10,073       

prison for a fouth degree felony OMVI offense, as defined in       10,074       

section 2929.01 of the Revised Code, that was imposed pursuant to  10,075       

division (G)(2) of section 2929.13 of the Revised Code.            10,076       

      (C)  Upon the implementation of intensive program prisons    10,078       

                                                          229    


                                                                 
pursuant to division (A) of this section, the department at all    10,079       

times shall maintain intensive program prisons sufficient in       10,080       

number to reduce the prison terms of at least three hundred fifty  10,081       

prisoners who are eligible for reduction of their stated prison    10,082       

terms as a result of their completion of a regimen in an                        

intensive program prison under this section.                       10,084       

      Section 2.  That existing sections 181.21, 181.22, 181.23,   10,086       

181.24, 181.25, 1721.19, 2901.04, 2923.02, 2925.02, 2925.03,       10,088       

2925.04, 2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 2927.24,                  

2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 2929.18,     10,089       

2929.19, 2929.20, 2929.223, 2935.36, 2937.99, 2941.141, 2941.144,  10,090       

2941.145, 2941.146, 2941.1410, 2949.08, 2951.02, 2953.08,          10,091       

2967.13, 2967.131, 2967.141, 2967.16, 2967.26, 2967.28, 3719.121,  10,094       

3719.70, 3719.99, 3767.12, 3773.99, 4715.30, 4729.99, 4730.25,                  

4731.22, 4953.11, 4973.23, 4973.25, 5120.031, and 5120.032 and     10,096       

sections 1741.01, 1741.02, 1741.03, 1741.04, 1741.05, 1741.06,     10,097       

1741.07, 1741.08, 1741.09, 1741.10, 1741.11, 1741.12, 1741.13,     10,098       

1741.14, 1741.99, 2929.181, 2951.041, 3773.05, 3773.07, 3773.21,                

and 3773.211 of the Revised Code are hereby repealed.              10,100       

      Section 3.  The General Assembly hereby declares that the    10,102       

repeal of section 2929.181 of the Revised Code in Section 2 of     10,103       

this act is intended to be a ratification of the repeal of         10,104       

section 2929.181 of the Revised Code by Am. Sub. S.B. 269 of the   10,105       

121st General Assembly, which was effective on July 1, 1996, and   10,106       

that section 2929.181 of the Revised Code, as enacted by Am. Sub.  10,107       

S.B. 2 of the 121st General Assembly, is not currently in effect.  10,109       

      Section 2929.181 of the Revised Code was enacted by Am.      10,111       

Sub. S.B. 2 of the 121st General Assembly, which was effective on  10,112       

July 1, 1996, was amended by Sub. H.B. 480 of the 121st General    10,113       

Assembly, which was enacted on May 23, 1996, and effective on      10,114       

October 16, 1996, and was repealed by Am. Sub. S.B. 269 of the     10,115       

121st General Assembly, which was enacted on May 30, 1996, and     10,116       

effective on July 1, 1996.  The different enactment dates and      10,117       

effective dates of Sub. H.B. 480 and Am. Sub. S.B. 269 of the      10,118       

                                                          230    


                                                                 
121st General Assembly have caused some confusion as to whether    10,119       

section 2929.181 of the Revised Code continued in effect after     10,120       

the effective date of Sub. H.B. 480 of the 121st General           10,121       

Assembly, despite the repeal of the section by Am. Sub. S.B. 269.  10,123       

      It was the intent of the 121st General Assembly to repeal    10,125       

section 2929.181 of the Revised Code effective on July 1, 1996,    10,126       

by Am. Sub. S.B. 269 of the 121st General Assembly.  This repeal   10,127       

is supported by section 1.52 of the Revised Code, which provides   10,128       

that, if statutes enacted by the same session of the General       10,129       

Assembly are irreconcilable, the statute latest in date of         10,130       

enactment prevails.  Am. Sub. S.B. 269 of the 121st General        10,131       

Assembly was enacted on May 30, 1996, seven days after the         10,132       

enactment of Sub. H.B. 480 of the 121st General Assembly.          10,133       

Therefore, the repeal of section 2929.181 of the Revised Code      10,134       

contained in Am. Sub. S.B. 269 of the 122nd General Assembly       10,135       

controlled over the amendment of that section by Sub. H.B. 480 of  10,137       

the 121st General Assembly, and the section was repealed                        

effective July 1, 1996.                                            10,138       

      Section 4.  (A)  Section 2929.01 of the Revised Code was     10,140       

amended by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd        10,141       

General Assembly.  Comparison of these amendments in pursuance of  10,142       

section 1.52 of the Revised Code discloses that while certain of   10,143       

the amendments of these acts are reconcilable, certain other of    10,144       

the amendments are substantively irreconcilable.  H.B. 378 was     10,145       

passed on November 13, 1997; S.B. 111 was passed on November 18,   10,146       

1997.  Section 2929.01 of the Revised Code is therefore presented  10,147       

in this act as it results from S.B. 111 and such of the            10,148       

amendments of H.B. 378 as are not in conflict with the amendments  10,149       

of S.B. 111.  This is in recognition of the principles stated in   10,150       

division (B) of section 1.52 of the Revised Code that amendments   10,151       

are to be harmonized where not substantively irreconcilable, and   10,152       

that where amendments are substantively irreconcilable, the        10,153       

latest amendment is to prevail.  This section constitutes a                     

legislative finding that such harmonized and reconciled section    10,154       

                                                          231    


                                                                 
was the resulting version in effect prior to the effective date    10,156       

of this act.                                                                    

      (B)  Sections 181.21 and 181.22 of the Revised Code are      10,158       

presented in this act as composites of the sections as amended by  10,159       

both Sub. H.B. 591 and Sub. H.B. 670 of the 121st General          10,161       

Assembly, with the new language of neither of the acts shown in    10,162       

capital letters.  Sections 2929.15 and 2929.17 of the Revised      10,163       

Code are presented in this act as composites of the sections as                 

amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the     10,164       

121st General Assembly, with the new language of neither of the    10,165       

acts shown in capital letters.  Section 2929.19 of the Revised     10,167       

Code is presented in this act as a composite of the section as     10,169       

amended by Am. Sub. H.B. 180, Am. Sub. S.B. 166, and Am. Sub.      10,170       

S.B. 269 of the 121st General Assembly, with the new language of   10,171       

none of the acts shown in capital letters.  Section 2929.223 of    10,173       

the Revised Code is presented in this act as a composite of the    10,175       

section as amended by both Sub. H.B. 480 and Am. Sub. S.B. 269 of  10,176       

the 121st General Assembly, with the new language of none of the   10,178       

acts shown in capital letters.  Section 2967.13 of the Revised     10,179       

Code is presented in this act as a composite of the section as     10,180       

amended by Am. Sub. H.B. 180, Am. Sub. H.B. 445, and Am. Sub.      10,181       

S.B. 269 of the 121st General Assembly, with the new language of   10,182       

none of the acts shown in capital letters.  Section 5120.032 of    10,183       

the Revised Code is presented in this act as a composite of the    10,185       

section as amended by both Am. Sub. S.B. 166 and Am. Sub. S.B.     10,186       

269 of the 121st General Assembly, with the new language of        10,187       

neither of the acts shown in capital letters.  This is in          10,188       

recognition of the principle stated in division (B) of section     10,189       

1.52 of the Revised Code that such amendments are to be            10,190       

harmonized where not substantively irreconcilable and constitutes  10,191       

a legislative finding that such is the resulting version in        10,192       

effect prior to the effective date of this act.                    10,193