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the Revised Code was repealed by Am.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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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