As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 222 5
1999-2000 6
SENATOR WATTS 8
_________________________________________________________________ 10
A B I L L
To amend sections 2151.355, 2151.62, 2929.01, 12
2929.13, 2929.14, and 2929.20 and to enact 13
section 2941.1411 of the Revised Code to enhance 14
the penalties for an offender who wears or
carries body armor while committing a felony and 15
to make more severe the dispositions available 16
for a child who is adjudicated a delinquent child
for committing an act that would be a felony if 18
committed by an adult while wearing or carrying 19
body armor. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2151.355, 2151.62, 2929.01, 24
2929.13, 2929.14, and 2929.20 be amended and section 2941.1411 of 25
the Revised Code be enacted to read as follows: 26
Sec. 2151.355. (A) If a child is adjudicated a delinquent 35
child, the court may make any of the following orders of 37
disposition:
(1) Any order that is authorized by section 2151.353 of 39
the Revised Code; 40
(2) Place the child on probation under any conditions that 42
the court prescribes. If the child is adjudicated a delinquent 43
child for violating section 2909.05, 2909.06, or 2909.07 of the 45
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 46
make restitution for the property damage caused by the child's 47
violation as a condition of the child's probation. If the child 49
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is adjudicated a delinquent child because the child violated any 50
other section of the Revised Code, the court may require the 51
child as a condition of the child's probation to make restitution 52
for the property damage caused by the child's violation and for 53
the value of the property that was the subject of the violation 54
the child committed if it would be a theft offense, as defined in 55
division (K) of section 2913.01 of the Revised Code, if committed 56
by an adult. The restitution may be in the form of a cash 57
reimbursement paid in a lump sum or in installments, the 58
performance of repair work to restore any damaged property to its 59
original condition, the performance of a reasonable amount of 60
labor for the victim approximately equal to the value of the 61
property damage caused by the child's violation or to the value 62
of the property that is the subject of the violation if it would 63
be a theft offense if committed by an adult, the performance of 64
community service or community work, any other form of 65
restitution devised by the court, or any combination of the 66
previously described forms of restitution.
If the child is adjudicated a delinquent child for 68
violating a law of this state or the United States, or an 69
ordinance or regulation of a political subdivision of this state, 70
that would be a crime if committed by an adult or for violating 72
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 74
probation that the court imposes upon the delinquent child 76
pursuant to division (A)(2) of this section, shall require the 77
child as a condition of the child's probation to abide by the law 78
during the period of probation, including, but not limited to, 79
complying with the provisions of Chapter 2923. of the Revised 80
Code relating to the possession, sale, furnishing, transfer, 81
disposition, purchase, acquisition, carrying, conveying, or use 82
of, or other conduct involving, a firearm or dangerous ordnance, 83
as defined in section 2923.11 of the Revised Code. 84
(3) Commit the child to the temporary custody of any 86
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school, camp, institution, or other facility operated for the 88
care of delinquent children by the county, by a district 89
organized under section 2151.34 or 2151.65 of the Revised Code, 90
or by a private agency or organization, within or without the 91
state, that is authorized and qualified to provide the care, 92
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 94
committing an act that would be a felony of the third, fourth, or 95
fifth degree if committed by an adult or for violating division 97
(A) of section 2923.211 of the Revised Code, commit the child to 98
the legal custody of the department of youth services for 99
institutionalization for an indefinite term consisting of a 100
minimum period of six months and a maximum period not to exceed 101
the child's attainment of twenty-one years of age; 102
(5)(a) If the child is adjudicated a delinquent child for 104
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 105
division (A) of section 2903.04 of the Revised Code or for 106
violating any provision of section 2907.02 of the Revised Code 107
other than division (A)(1)(b) of that section when the sexual 109
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 111
than the delinquent child, was the same age as the delinquent 112
child, or was less than three years younger than the delinquent 113
child, commit the child to the legal custody of the department of 114
youth services for institutionalization in a secure facility for 115
an indefinite term consisting of a minimum period of one to three 116
years, as prescribed by the court, and a maximum period not to 117
exceed the child's attainment of twenty-one years of age; 118
(b) If the child is adjudicated a delinquent child for 121
violating section 2923.02 of the Revised Code and if the 122
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 124
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 125
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consisting of a minimum period of six to seven years, as 126
prescribed by the court, and a maximum period not to exceed the 127
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 129
committing an act that is not described in division (A)(5)(a) or 130
(b) of this section and that would be a felony of the first or 131
second degree if committed by an adult, commit the child to the 132
legal custody of the department of youth services for 133
institutionalization in a secure facility for an indefinite term 134
consisting of a minimum period of one year and a maximum period 135
not to exceed the child's attainment of twenty-one years of age. 136
(6) If the child is adjudicated a delinquent child for 138
committing a violation of section 2903.01 or 2903.02 of the 139
Revised Code, commit the child to the legal custody of the 141
department of youth services for institutionalization in a secure 142
facility until the child's attainment of twenty-one years of age; 143
(7)(a) If the child is adjudicated a delinquent child for 146
committing an act, other than a violation of section 2923.12 of 147
the Revised Code, that would be a felony if committed by an adult 148
and is committed to the legal custody of the department of youth 149
services pursuant to division (A)(4), (5), or (6) of this section 150
and if the court determines that the child, if the child was an 151
adult, would be guilty of a specification of the type set forth 152
in section 2941.141, 2941.144, 2941.145, or 2941.146, OR 153
2941.1411 of the Revised Code in relation to the act for which 155
the child was adjudicated a delinquent child, commit the child to 156
the legal custody of the department of youth services for
institutionalization in a secure facility for the following 157
period of time, subject to division (A)(7)(c) of this section: 158
(i) If the child would be guilty of a specification of the 160
type set forth in section 2941.141 of the Revised Code, a period 161
of one year; 162
(ii) IF THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF 164
THE TYPE SET FORTH IN SECTION 2941.1411 OF THE REVISED CODE BUT 165
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NOT OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141, 166
2941.144, 2941.145, OR 2941.146 OF THE REVISED CODE, A PERIOD OF 167
ONE, TWO, OR THREE YEARS; 168
(iii) IF THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF 170
THE TYPE SET FORTH IN SECTION 2941.1411 OF THE REVISED CODE AND A 171
SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141 OF THE 173
REVISED CODE, A PERIOD OF TWO YEARS; 174
(iv) If the child would be guilty of a specification of 176
the type set forth in section 2941.144, 2941.145, or 2941.146 of 177
the Revised Code, a period of three years; 178
(v) IF THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE 180
TYPE SET FORTH IN SECTION 2941.1411 OF THE REVISED CODE AND A 181
SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.144, 182
2941.145, OR 2941.146 OF THE REVISED CODE, A PERIOD OF SIX YEARS. 183
(b) If the child is adjudicated a delinquent child for 185
committing a category one offense or a category two offense and 186
is committed to the legal custody of the department of youth 187
services pursuant to division (A)(5) or (6) of this section and 188
if the court determines that the child, if the child was an 189
adult, would be guilty of a specification of the type set forth 190
in section 2941.142 of the Revised Code in relation to the act 191
for which the child was adjudicated a delinquent child, the court 192
shall commit the child to the legal custody of the department of 194
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 195
subject to division (A)(7)(c) of this section. 196
(c) The court shall not commit a child to the legal 199
custody of the department of youth services pursuant to division 200
(A)(7)(a)(i), (ii), (iii), OR (iv) or (b) of this section for a 202
period of time that exceeds three years. THE COURT SHALL NOT 204
COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 205
SERVICES PURSUANT TO DIVISION (A)(7)(a)(v) OF THIS SECTION FOR A 207
PERIOD OF TIME THAT EXCEEDS SIX YEARS. The period of commitment 209
imposed pursuant to division (A)(7)(a) or (b) of this section 210
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shall be in addition to, and shall be served consecutively with
and prior to, a period of commitment ordered pursuant to division 211
(A)(4), (5), or (6) of this section, provided that the total of 212
all the periods of commitment shall not exceed the child's 213
attainment of twenty-one years of age. 214
(8)(a) Impose a fine and costs in accordance with the 217
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 219
of the property damage caused by the child's delinquent act and 220
for all or part of the value of the property that was the subject 221
of any delinquent act the child committed that would be a theft 222
offense, as defined in division (K) of section 2913.01 of the 223
Revised Code, if committed by an adult. If the court determines 224
that the victim of the child's delinquent act was sixty-five 225
years of age or older or permanently and totally disabled at the 226
time of the commission of the act, the court, regardless of 227
whether or not the child knew the age of the victim, shall 228
consider that fact in favor of imposing restitution, but that 229
fact shall not control the decision of the court. The 230
restitution may be in the form of a cash reimbursement paid in a 231
lump sum or in installments, the performance of repair work to 232
restore any damaged property to its original condition, the 233
performance of a reasonable amount of labor for the victim, the 234
performance of community service or community work, any other 235
form of restitution devised by the court, or any combination of 236
the previously described forms of restitution. 237
(9) Subject to division (D) of this section, suspend or 240
revoke the driver's license, probationary driver's license, or 241
temporary instruction permit issued to the child or suspend or 242
revoke the registration of all motor vehicles registered in the 243
name of the child. A child whose license or permit is so 244
suspended or revoked is ineligible for issuance of a license or 245
permit during the period of suspension or revocation. At the end 246
of the period of suspension or revocation, the child shall not be 247
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reissued a license or permit until the child has paid any 248
applicable reinstatement fee and complied with all requirements 249
governing license reinstatement.
(10) If the child is adjudicated a delinquent child for 251
committing an act that, if committed by an adult, would be a 253
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 254
Revised Code, impose a period of electronically monitored house 255
detention in accordance with division (I)(J) of this section that 257
does not exceed the maximum sentence of imprisonment that could 258
be imposed upon an adult who commits the same act; 259
(11) Impose a period of day reporting in which the child 261
is required each day to report to and leave a center or other 262
approved reporting location at specified times in order to 263
participate in work, education or training, treatment, and other 264
approved programs at the center or outside the center; 265
(12) Impose a period of electronically monitored house 267
arrest in accordance with division (I)(J) of this section; 269
(13) Impose a period of community service of up to five 271
hundred hours; 272
(14) Impose a period in an alcohol or drug treatment 274
program with a level of security for the child as determined 275
necessary by the court; 276
(15) Impose a period of intensive supervision, in which 278
the child is required to maintain frequent contact with a person 279
appointed by the court to supervise the child while the child is 280
seeking or maintaining employment and participating in training, 281
education, and treatment programs as the order of disposition; 283
(16) Impose a period of basic supervision, in which the 285
child is required to maintain contact with a person appointed to 286
supervise the child in accordance with sanctions imposed by the 287
court; 288
(17) Impose a period of drug and alcohol use monitoring; 291
(18) Impose a period in which the court orders the child 293
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to observe a curfew that may involve daytime or evening hours; 295
(19) Require the child to obtain a high school diploma, a 298
certificate of high school equivalence, or employment; 299
(20) If the court obtains the assent of the victim of the 302
criminal act committed by the child, require the child to 303
participate in a reconciliation or mediation program that 304
includes a meeting in which the child and the victim may discuss 305
the criminal act, discuss restitution, and consider other 306
sanctions for the criminal act;
(21) Commit the child to the temporary or permanent 308
custody of the court;
(22) Make any further disposition that the court finds 310
proper, except that the child shall not be placed in any state 312
correctional institution, county, multicounty, or municipal jail 313
or workhouse, or other place in which an adult convicted of a 315
crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent child for 318
violating section 2923.32 of the Revised Code, the court, in 319
addition to any order of disposition it makes for the child under 320
division (A) of this section, shall enter an order of criminal 321
forfeiture against the child in accordance with divisions (B)(3), 322
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 323
Revised Code.
(2) If a child is adjudicated a delinquent child for 326
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 327
adjudication orders the commitment of the child, for two or more 328
of those acts, to the legal custody of the department of youth 329
services for institutionalization or institutionalization in a 330
secure facility pursuant to division (A)(4), (5), or (6) of this 331
section, the court may order that all of the periods of 332
commitment imposed under those divisions for those acts be served 334
consecutively in the legal custody of the department of youth 335
services and, if applicable, be in addition to and commence 336
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immediately following the expiration of a period of commitment 337
that the court imposes pursuant to division (A)(7) of this 338
section. A court shall not commit a delinquent child to the 339
legal custody of the department of youth services under division 340
(B)(2) of this section for a period that exceeds the child's 341
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 343
committing an act that, if committed by an adult, would be a drug 345
abuse offense, as defined in section 2925.01 of the Revised Code, 346
or for violating division (B) of section 2917.11 of the Revised 347
Code, in addition to imposing in its discretion any other order 348
of disposition authorized by this section, the court shall do 349
both of the following:
(1) Require the child to participate in a drug abuse or 351
alcohol abuse counseling program; 352
(2) Suspend or revoke the temporary instruction permit, 354
probationary driver's license, or driver's license issued to the 356
child for a period of time prescribed by the court or, at the 357
discretion of the court, until the child attends and 358
satisfactorily completes, a drug abuse or alcohol abuse 360
education, intervention, or treatment program specified by the 361
court. During the time the child is attending the program, the 362
court shall retain any temporary instruction permit, probationary 363
driver's license, or driver's license issued to the child, and 364
the court shall return the permit or license when the child 365
satisfactorily completes the program. 366
(D) If a child is adjudicated a delinquent child for 369
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 371
division (A), (B), or (C) of this section, shall revoke the 373
temporary instruction permit and deny the child the issuance of 374
another temporary instruction permit in accordance with division 375
(F)(1)(b) of section 2923.122 of the Revised Code or shall 376
suspend the probationary driver's license, restricted license, or 377
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nonresident operating privilege of the child or deny the child 378
the issuance of a probationary driver's license, restricted 379
license, or temporary instruction permit in accordance with 380
division (F)(1)(a), (c), (d), or (e) of section 2923.122 of the 381
Revised Code. 382
(E)(1) At the dispositional hearing and prior to making 384
any disposition pursuant to division (A) of this section, the 385
court shall determine whether a victim of the delinquent act 386
committed by the child was five years of age or younger at the 387
time the delinquent act was committed, whether a victim of the 388
delinquent act sustained physical harm to the victim's person 389
during the commission of or otherwise as a result of the 390
delinquent act, whether a victim of the delinquent act was 391
sixty-five years of age or older or permanently and totally 392
disabled at the time the delinquent act was committed, and 393
whether the delinquent act would have been an offense of violence 394
if committed by an adult. If the victim was five years of age or 395
younger at the time the delinquent act was committed, sustained 396
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 397
years of age or older or permanently and totally disabled at the 399
time the act was committed, regardless of whether the child knew 400
the age of the victim, and if the act would have been an offense 401
of violence if committed by an adult, the court shall consider 402
those facts in favor of imposing commitment under division 403
(A)(3), (4), (5), or (6) of this section, but those facts shall 404
not control the court's decision.
(2) At the dispositional hearing and prior to making any 406
disposition pursuant to division (A)(4), (5), or (6) of this 407
section, the court shall determine whether the delinquent child 408
previously has been adjudicated a delinquent child for a 409
violation of a law or ordinance. If the delinquent child 410
previously has been adjudicated a delinquent child for a 411
violation of a law or ordinance, the court, for purposes of
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entering an order of disposition for the delinquent child under 412
this section, shall consider the previous delinquent child 414
adjudication as a conviction of a violation of the law or 415
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 416
(F)(1) When a juvenile court commits a delinquent child to 418
the custody of the department of youth services pursuant to this 419
section, the court shall not designate the specific institution 420
in which the department is to place the child but instead shall 422
specify that the child is to be institutionalized or that the 423
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 424
(2) When a juvenile court commits a delinquent child to 426
the custody of the department of youth services, the court shall 427
provide the department with the child's medical records, a copy 428
of the report of any mental examination of the child ordered by 430
the court, the section or sections of the Revised Code violated 431
by the child and the degree of the violation, the warrant to 432
convey the child to the department, a copy of the court's journal 433
entry ordering the commitment of the child to the legal custody 434
of the department, a copy of the arrest record pertaining to the 435
act for which the child was adjudicated a delinquent child, a 436
copy of any victim impact statement pertaining to the act, and 437
any other information concerning the child that the department 438
reasonably requests. The court also shall complete the form for 439
the standard disposition investigation report that is developed 441
and furnished by the department of youth services pursuant to 442
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 443
physical custody of a delinquent child who is committed to the 445
legal custody of the department until the court provides to the 446
department the documents specified in division (F)(2) of this 447
section. No officer or employee of the department who refuses to 448
accept physical custody of a delinquent child who is committed to 449
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the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 450
fails to provide the documents specified in division (F)(2) of 451
this section at the time the court transfers the physical custody 452
of the child to the department. 453
(3) Within twenty working days after the department of 455
youth services receives physical custody of a delinquent child 456
from a juvenile court, the court shall provide the department 457
with a certified copy of the child's birth certificate or the 459
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 460
unsuccessful, the court shall provide the department with 461
documentation of the efforts it made to obtain the information. 462
(4) When a juvenile court commits a delinquent child to 464
the custody of the department of youth services, the court shall 465
give notice to the school attended by the child of the child's 466
commitment by sending to that school a copy of the court's 467
journal entry ordering the commitment. As soon as possible after 468
receipt of the notice described in this division, the school 469
shall provide the department with the child's school transcript. 470
However, the department shall not refuse to accept a child 471
committed to it, and a child committed to it shall not be held in 472
a county or district detention home, because of a school's 473
failure to provide the school transcript that it is required to 474
provide under division (F)(4) of this section. 475
(5) The department of youth services shall provide the 477
court and the school with an updated copy of the child's school 478
transcript and shall provide the court with a summary of the 479
institutional record of the child when it releases the child from 480
institutional care. The department also shall provide the court 481
with a copy of any portion of the child's institutional record 482
that the court specifically requests within five working days of 483
the request.
(6) When a juvenile court commits a delinquent child to 485
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the custody of the department of youth services pursuant to 486
division (A)(4) or (5) of this section, the court shall state in 487
the order of commitment the total number of days that the child 488
has been held, as of the date of the issuance of the order, in 489
detention in connection with the delinquent child complaint upon 490
which the order of commitment is based. The department shall 492
reduce the minimum period of institutionalization or minimum 493
period of institutionalization in a secure facility specified in 494
division (A)(4) or (5) of this section by both the total number 495
of days that the child has been so held in detention as stated by 496
the court in the order of commitment and the total number of any 497
additional days that the child has been held in detention 498
subsequent to the order of commitment but prior to the transfer 499
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 502
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 503
entitled to a recovery under any of the following sections, of 504
the right of the victims to recover, pursuant to section 3109.09 505
of the Revised Code, compensatory damages from the child's 506
parents; of the right of the victims to recover, pursuant to 507
section 3109.10 of the Revised Code, compensatory damages from 508
the child's parents for willful and malicious assaults committed 509
by the child; and of the right of the victims to recover an award 510
of reparations pursuant to sections 2743.51 to 2743.72 of the 511
Revised Code. 512
(2) If a child is adjudicated a delinquent child for 515
committing an act that, if committed by an adult, would be 516
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 517
involuntary manslaughter, a felony of the first or second degree 519
resulting in the death of or physical harm to a person, 520
complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is 521
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or was substantially equivalent to any of those offenses and if 522
the court in its order of disposition for that act commits the 523
child to the custody of the department of youth services, the 524
court may make a specific finding that the adjudication should be 525
considered a conviction for purposes of a determination in the 526
future, pursuant to Chapter 2929. of the Revised Code, as to 527
whether the child is a repeat violent offender as defined in 528
section 2929.01 of the Revised Code. If the court makes a 529
specific finding as described in this division, it shall include 530
the specific finding in its order of disposition and in the 531
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 533
committing an act that would be a felony or offense of violence 534
if committed by an adult, the court, prior to issuing an order of 536
disposition under this section, shall order the preparation of a 537
victim impact statement by the probation department of the county 538
in which the victim of the act resides, by the court's own 539
probation department, or by a victim assistance program that is 540
operated by the state, a county, a municipal corporation, or 541
another governmental entity. The court shall consider the victim 542
impact statement in determining the order of disposition to issue 543
for the child. 544
(2) Each victim impact statement shall identify the victim 546
of the act for which the child was adjudicated a delinquent 547
child, itemize any economic loss suffered by the victim as a 548
result of the act, identify any physical injury suffered by the 549
victim as a result of the act and the seriousness and permanence 550
of the injury, identify any change in the victim's personal 551
welfare or familial relationships as a result of the act and any 552
psychological impact experienced by the victim or the victim's 553
family as a result of the act, and contain any other information 554
related to the impact of the act upon the victim that the court 555
requires. 556
(3) A victim impact statement shall be kept confidential 558
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and is not a public record, as defined in section 149.43 of the 559
Revised Code. However, the court may furnish copies of the 560
statement to the department of youth services pursuant to 561
division (F)(3) of this section or to both the adjudicated 562
delinquent child or the adjudicated delinquent child's counsel 563
and the prosecuting attorney. The copy of a victim impact 565
statement furnished by the court to the department pursuant to 566
division (F)(3) of this section shall be kept confidential and is 567
not a public record, as defined in section 149.43 of the Revised 568
Code. The copies of a victim impact statement that are made 569
available to the adjudicated delinquent child or the adjudicated 570
delinquent child's counsel and the prosecuting attorney pursuant 572
to division (H)(3) of this section shall be returned to the court 575
by the person to whom they were made available immediately 576
following the imposition of an order of disposition for the child 577
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 579
drug abuse offense" has the same meaning as in section 2925.01 of 580
the Revised Code. 581
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 583
to children who are adjudicated or could be adjudicated by a 584
juvenile court to be delinquent children for an act that, if 585
committed by an adult, would be a felony drug abuse offense. 586
Subject to division (B) of section 2925.42 and division (E) of 587
section 2925.43 of the Revised Code, a delinquent child of that 588
nature loses any right to the possession of, and forfeits to the 589
state any right, title, and interest that the delinquent child 590
may have in, property as defined in section 2925.41 and further 591
described in section 2925.42 or 2925.43 of the Revised Code. 592
(3) Sections 2923.44 to 2923.47 of the Revised Code apply 595
to children who are adjudicated or could be adjudicated by a 596
juvenile court to be delinquent children for an act in violation 597
of section 2923.42 of the Revised Code. Subject to division (B) 599
of section 2923.44 and division (E) of section 2923.45 of the 600
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Revised Code, a delinquent child of that nature loses any right 601
to the possession of, and forfeits to the state any right, title,
and interest that the delinquent child may have in, property as 602
defined in section 2923.41 of the Revised Code and further 603
described in section 2923.44 or 2923.45 of the Revised Code. 604
(J)(1) As used in this section: 606
(a) "Electronic monitoring device," "certified electronic 608
monitoring device," "electronic monitoring system," and 609
"certified electronic monitoring system" have the same meanings 610
as in section 2929.23 of the Revised Code. 611
(b) "Electronically monitored house detention" means a 613
period of confinement of a child in the child's home or in other 614
premises specified by the court, during which period of 616
confinement all of the following apply: 617
(i) The child wears, otherwise has attached to the child's 619
person, or otherwise is subject to monitoring by a certified 620
electronic monitoring device or is subject to monitoring by a 621
certified electronic monitoring system. 622
(ii) The child is required to remain in the child's home 624
or other premises specified by the court for the specified period 625
of confinement, except for periods of time during which the child 626
is at school or at other premises as authorized by the court. 627
(iii) The child is subject to monitoring by a central 629
system that monitors the certified electronic monitoring device 630
that is attached to the child's person or that otherwise is being 631
used to monitor the child and that can monitor and determine the 633
child's location at any time or at a designated point in time, or 634
the child is required to participate in monitoring by a certified 636
electronic monitoring system. 637
(iv) The child is required by the court to report 639
periodically to a person designated by the court. 640
(v) The child is subject to any other restrictions and 642
requirements that may be imposed by the court. 643
(2) A juvenile court, pursuant to division (A)(10) of this 645
17
section, may impose a period of electronically monitored house 646
detention upon a child who is adjudicated a delinquent child for 647
committing an act that, if committed by an adult, would be a 648
criminal offense that would qualify the adult as an eligible 649
offender pursuant to division (A)(3) of section 2929.23 of the 650
Revised Code. The court may impose a period of electronically 651
monitored house detention in addition to or in lieu of any other 652
dispositional order imposed upon the child, except that any 653
period of electronically monitored house detention shall not 654
extend beyond the child's eighteenth birthday. If a court 655
imposes a period of electronically monitored house detention upon 656
a child, it shall require the child to wear, otherwise have 657
attached to the child's person, or otherwise be subject to 658
monitoring by a certified electronic monitoring device or to 660
participate in the operation of and monitoring by a certified 661
electronic monitoring system; to remain in the child's home or 662
other specified premises for the entire period of electronically 664
monitored house detention except when the court permits the child 665
to leave those premises to go to school or to other specified 666
premises; to be monitored by a central system that monitors the 667
certified electronic monitoring device that is attached to the 668
child's person or that otherwise is being used to monitor the 669
child and that can monitor and determine the child's location at 670
any time or at a designated point in time or to be monitored by 671
the certified electronic monitoring system; to report 672
periodically to a person designated by the court; and, in return 673
for receiving a dispositional order of electronically monitored 674
house detention, to enter into a written contract with the court 675
agreeing to comply with all restrictions and requirements imposed 676
by the court, agreeing to pay any fee imposed by the court for 677
the costs of the electronically monitored house detention imposed 678
by the court pursuant to division (E) of section 2929.23 of the 679
Revised Code, and agreeing to waive the right to receive credit 680
for any time served on electronically monitored house detention 681
18
toward the period of any other dispositional order imposed upon 682
the child for the act for which the dispositional order of 683
electronically monitored house detention was imposed if the child 684
violates any of the restrictions or requirements of the 685
dispositional order of electronically monitored house detention. 686
The court also may impose other reasonable restrictions and 687
requirements upon the child.
(3) If a child violates any of the restrictions or 689
requirements imposed upon the child as part of the child's 690
dispositional order of electronically monitored house detention, 691
the child shall not receive credit for any time served on 692
electronically monitored house detention toward any other 693
dispositional order imposed upon the child for the act for which 694
the dispositional order of electronically monitored house 696
detention was imposed.
(K) Within ten days after completion of the adjudication, 698
the court shall give written notice of an adjudication that a 699
child is a delinquent child to the superintendent of a city, 700
local, exempted village, or joint vocational school district if 701
the basis of the adjudication was the commission of an act that 702
would be a criminal offense if committed by an adult and that was 703
committed by the delinquent child when the child was sixteen 704
years of age or older and if the act is any of the following: 705
(1) A violation of section 2923.122 of the Revised Code 707
that relates to property owned or controlled by, or to an 708
activity held under the auspices of, the board of education of 709
that school district; 710
(2) A violation of section 2923.12 of the Revised Code or 712
of a substantially similar municipal ordinance that was committed 713
on property owned or controlled by, or at an activity held under 714
the auspices of, the board of education of that school district; 715
(3) A violation of division (A) of section 2925.03 or 717
2925.11 of the Revised Code that was committed on property owned 718
or controlled by, or at an activity held under the auspices of, 719
19
the board of education of that school district and that is not a 720
minor drug possession offense as defined in section 2925.01 of 721
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 723
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 725
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 726
at an activity held under the auspices of, the board of education 727
of that school district, if the victim at the time of the 729
commission of the act was an employee of the board of education 730
of that school district;
(5) Complicity in any violation described in division 732
(K)(1), (2), (3), or (4) of this section that was alleged to have 734
been committed in the manner described in division (K)(1), (2), 735
(3), or (4) of this section, regardless of whether the act of 737
complicity was committed on property owned or controlled by, or 738
at an activity held under the auspices of, the board of education 739
of that school district. 740
(L) During the period of a delinquent child's probation 742
granted under division (A)(2) of this section, authorized 745
probation officers who are engaged within the scope of their 746
supervisory duties or responsibilities may search, with or 747
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 748
another item of tangible or intangible personal property, or 749
other real property in which the delinquent child has a right, 750
title, or interest or for which the delinquent child has the 751
express or implied permission of a person with a right, title, or 752
interest to use, occupy, or possess if the probation officers 753
have reasonable grounds to believe that the delinquent child is 754
not abiding by the law or otherwise is not complying with the 755
conditions of the delinquent child's probation. The court that 756
places a delinquent child on probation under division (A)(2) of 757
this section shall provide the delinquent child with a written 758
20
notice that informs the delinquent child that authorized 759
probation officers who are engaged within the scope of their 760
supervisory duties or responsibilities may conduct those types of 762
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 763
the law or otherwise is not complying with the conditions of the 764
delinquent child's probation. The court also shall provide the 765
written notice described in division (C)(2)(b) of section 766
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 767
(C)(2)(a) of that section. 768
Sec. 2151.62. (A) This section applies only to a child 777
who is or previously has been adjudicated a delinquent child for 778
an act to which any of the following applies: 779
(1) It is a violation of section 2903.01, 2903.02, 781
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 782
2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the Revised 785
Code and involved an attempt to commit aggravated murder or 786
murder;
(3) It would be a felony if committed by an adult, and the 788
court determined that the child, if an adult, would be guilty of 789
a specification found in section 2941.141, 2941.144, or 2941.145, 791
OR 2941.1411 of the Revised Code or in another section of the 792
Revised Code that relates to the possession or use of a firearm, 794
as defined in section 2923.11 of the Revised Code OR THE WEARING 795
OR CARRYING OF BODY ARMOR, during the commission of the act for 796
which the child was adjudicated a delinquent child. 797
(B)(1) Except as provided in division (E) of this section, 800
a public children services agency, private child placing agency, 802
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 803
a child in a foster home until it provides the foster caregivers 804
with all of the following: 805
21
(a) A written report describing the child's social 807
history;
(b) A written report describing all the acts committed by 809
the child the entity knows of that resulted in the child being 812
adjudicated a delinquent child and the disposition made by the 813
court, unless the records pertaining to the acts have been sealed 814
pursuant to section 2151.358 of the Revised Code; 815
(c) A written report describing any other violent act 817
committed by the child of which the entity is aware; 819
(d) The substantial and material conclusions and 821
recommendations of any psychiatric or psychological examination 823
conducted on the child or, if no psychological or psychiatric 824
examination of the child is available, the substantial and 825
material conclusions and recommendations of an examination to 826
detect mental and emotional disorders conducted in compliance 827
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 828
counselor, or professional counselor licensed under that chapter. 829
The entity shall not provide any part of a psychological, 830
psychiatric, or mental and emotional disorder examination to the 831
foster caregivers other than the substantial and material 832
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 835
if records of an adjudication that a child is a delinquent child 836
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 837
caregivers a written statement that the records of a prior 838
adjudication have been sealed.
(C) The entity that places the child in a foster home 841
shall conduct a psychological examination of the child, except 842
that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to 843
the child's placement. No later than sixty days after placing 844
the child, the entity shall provide the foster caregiver a 846
22
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 848
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 850
this section, the expenses of conducting the examinations and 852
preparing the reports and assessment required by division (B) or 853
(C) of this section shall be paid by the entity that places the 854
child in the foster home.
(2) When a juvenile court grants temporary or permanent 856
custody of a child pursuant to any section of the Revised Code, 857
including section 2151.33, 2151.353, 2151.354, or 2151.355 of the 858
Revised Code, to a public children services agency or private
child placing agency, the court shall provide the agency the 860
information described in division (B) of this section, pay the 862
expenses of preparing that information, and, if a new examination 863
is required to be conducted, pay the expenses of conducting the 864
examination described in division (C) of this section. On 865
receipt of the information described in division (B) of this
section, the agency shall provide to the court written 866
acknowledgment that the agency received the information. The 867
court shall keep the acknowledgment and provide a copy to the 868
agency. On the motion of the agency, the court may terminate the 869
order granting temporary or permanent custody of the child to 870
that agency, if the court does not provide the information 871
described in division (B) of this section. 872
(3) If one of the following entities is placing a child in 874
a foster home with the assistance of or by contracting with a 875
public children services agency, private child placing agency, or 876
a private noncustodial agency, the entity shall provide the 877
agency with the information described in division (B) of this 878
section, pay the expenses of preparing that information, and, if 879
a new examination is required to be conducted, pay the expenses
of conducting the examination described in division (C) of this 880
section: 881
23
(a) The department of youth services if the placement is 883
pursuant to any section of the Revised Code including section 884
2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 886
Code;
(b) A juvenile court with temporary or permanent custody 888
of a child pursuant to section 2151.354 or 2151.355 of the 889
Revised Code;
(c) A public children services agency or private child 891
placing agency with temporary or permanent custody of the child. 892
The agency receiving the information described in division 894
(B) of this section shall provide the entity described in 896
division (D)(3)(a) to (c) of this section that sent the 897
information written acknowledgment that the agency received the 899
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 901
An entity that places a child in a foster home with the 902
assistance of or by contracting with an agency remains 903
responsible to provide the information described in division (B) 905
of this section to the foster caregivers unless the entity 906
receives written acknowledgment that the agency provided the 907
information.
(E) If a child is placed in a foster home as a result of 910
an emergency removal of the child from home pursuant to division 911
(D) of section 2151.31 of the Revised Code, an emergency change 913
in the child's case plan pursuant to division (E)(3) of section 915
2151.412 of the Revised Code, or an emergency placement by the 916
department of youth services pursuant to this chapter or Chapter 917
5139. of the Revised Code, the entity that places the child in 919
the foster home shall provide the information described in 920
division (B) of this section no later than ninety-six hours after 922
the child is placed in the foster home. 923
(F) On receipt of the information described in divisions 925
(B) and (C) of this section, the foster caregiver shall provide 927
to the entity that places the child in the foster caregiver's
24
home a written acknowledgment that the foster caregiver received 928
the information. The entity shall keep the acknowledgment and 930
provide a copy to the foster caregiver. 931
(G) No person employed by an entity subject to this 933
section and made responsible by that entity for the child's 934
placement in a foster home shall fail to provide the foster 936
caregivers with the information required by divisions (B) and (C) 938
of this section.
(H) It is not a violation of any duty of confidentiality 941
provided for in the Revised Code or a code of professional 943
responsibility for a person or government entity to provide the 944
substantial and material conclusions and recommendations of a 945
psychiatric or psychological examination, or an examination to 946
detect mental and emotional disorders, in accordance with 947
division (B)(1)(d) or (C) of this section. 949
(I) AS USED IN THIS SECTION: 951
(1) "BODY ARMOR" HAS THE SAME MEANING AS IN SECTION 953
2941.1411 OF THE REVISED CODE. 954
(2) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 956
OF THE REVISED CODE. 957
Sec. 2929.01. As used in this chapter: 967
(A)(1) "Alternative residential facility" means, subject 969
to division (A)(2) of this section, any facility other than an 970
offender's home or residence in which an offender is assigned to 971
live and that satisfies all of the following criteria: 972
(a) It provides programs through which the offender may 974
seek or maintain employment or may receive education, training, 975
treatment, or habilitation. 976
(b) It has received the appropriate license or certificate 978
for any specialized education, training, treatment, habilitation, 979
or other service that it provides from the government agency that 980
is responsible for licensing or certifying that type of 981
education, training, treatment, habilitation, or service. 982
(2) "Alternative residential facility" does not include a 985
25
community-based correctional facility, jail, halfway house, or 986
prison.
(B) "Bad time" means the time by which the parole board 988
administratively extends an offender's stated prison term or 989
terms pursuant to section 2967.11 of the Revised Code because the 990
parole board finds by clear and convincing evidence that the 991
offender, while serving the prison term or terms, committed an 992
act that is a criminal offense under the law of this state or the 993
United States, whether or not the offender is prosecuted for the 995
commission of that act.
(C) "Basic supervision" means a requirement that the 998
offender maintain contact with a person appointed to supervise 1,000
the offender in accordance with sanctions imposed by the court or 1,001
imposed by the parole board pursuant to section 2967.28 of the 1,002
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 1,004
"unit dose" have the same meanings as in section 2925.01 of the 1,005
Revised Code.
(E) "Community-based correctional facility" means a 1,008
community-based correctional facility and program or district 1,009
community-based correctional facility and program developed 1,010
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 1,011
(F) "Community control sanction" means a sanction that is 1,014
not a prison term and that is described in section 2929.15, 1,015
2929.16, 2929.17, or 2929.18 of the Revised Code. 1,016
(G) "Criminally injurious conduct" means any conduct of 1,019
the type that is described in division (C)(1) or (2) of section 1,020
2743.51 of the Revised Code and that occurs on or after July 1, 1,021
1996, or any activity that is described in divisions (C)(3) and 1,022
(R) of section 2743.51 of the Revised Code and that occurs on or 1,023
after the effective date of this amendment MARCH 10, 1998. 1,025
(H) "Controlled substance," "marihuana," "schedule I," and 1,027
"schedule II" have the same meanings as in section 3719.01 of the 1,029
Revised Code.
26
(I) "Curfew" means a requirement that an offender during a 1,032
specified period of time be at a designated place. 1,033
(J) "Day reporting" means a sanction pursuant to which an 1,036
offender is required each day to report to and leave a center or 1,037
other approved reporting location at specified times in order to 1,038
participate in work, education or training, treatment, and other 1,039
approved programs at the center or outside the center. 1,040
(K) "Deadly weapon" has the same meaning as in section 1,043
2923.11 of the Revised Code. 1,044
(L) "Drug and alcohol use monitoring" means a program 1,047
under which an offender agrees to submit to random chemical 1,048
analysis of the offender's blood, breath, or urine to determine 1,049
whether the offender has ingested any alcohol or other drugs. 1,050
(M) "Drug treatment program" means any program under which 1,053
a person undergoes assessment and treatment designed to reduce or 1,055
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 1,056
which the person may be required to receive assessment and 1,058
treatment on an outpatient basis or may be required to reside at 1,059
a facility other than the person's home or residence while
undergoing assessment and treatment. 1,060
(N) "Economic loss" means any economic detriment suffered 1,063
by a victim as a result of criminally injurious conduct and 1,064
includes any loss of income due to lost time at work because of 1,065
any injury caused to the victim, and any property loss, medical 1,066
cost, or funeral expense incurred as a result of the criminally 1,067
injurious conduct.
(O) "Education or training" includes study at, or in 1,070
conjunction with a program offered by, a university, college, or 1,071
technical college or vocational study and also includes the 1,072
completion of primary school, secondary school, and literacy 1,073
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 1,076
meaning as in section 2929.23 of the Revised Code. 1,077
27
(Q) "Eligible offender" has the same meaning as in section 1,080
2929.23 of the Revised Code except as otherwise specified in 1,081
section 2929.20 of the Revised Code. 1,082
(R) "Firearm" has the same meaning as in section 2923.11 1,085
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 1,088
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 1,090
Revised Code as a suitable facility for the care and treatment of 1,091
adult offenders.
(T) "House arrest" means a period of confinement of an 1,093
eligible offender that is in the eligible offender's home or in 1,094
other premises specified by the sentencing court or by the parole 1,095
board pursuant to section 2967.28 of the Revised Code, that may 1,096
be electronically monitored house arrest, and during which all of 1,097
the following apply: 1,098
(1) The eligible offender is required to remain in the 1,100
eligible offender's home or other specified premises for the 1,102
specified period of confinement, except for periods of time 1,103
during which the eligible offender is at the eligible offender's 1,104
place of employment or at other premises as authorized by the 1,106
sentencing court or by the parole board.
(2) The eligible offender is required to report 1,109
periodically to a person designated by the court or parole board. 1,110
(3) The eligible offender is subject to any other 1,112
restrictions and requirements that may be imposed by the 1,113
sentencing court or by the parole board. 1,114
(U) "Intensive supervision" means a requirement that an 1,117
offender maintain frequent contact with a person appointed by the 1,118
court, or by the parole board pursuant to section 2967.28 of the 1,119
Revised Code, to supervise the offender while the offender is 1,120
seeking or maintaining necessary employment and participating in 1,121
training, education, and treatment programs as required in the 1,122
court's or parole board's order.
28
(V) "Jail" means a jail, workhouse, minimum security jail, 1,125
or other residential facility used for the confinement of alleged 1,126
or convicted offenders that is operated by a political 1,127
subdivision or a combination of political subdivisions of this 1,128
state.
(W) "Delinquent child" has the same meaning as in section 1,130
2151.02 of the Revised Code. 1,131
(X) "License violation report" means a report that is made 1,134
by a sentencing court, or by the parole board pursuant to section 1,135
2967.28 of the Revised Code, to the regulatory or licensing board 1,137
or agency that issued an offender a professional license or a 1,138
license or permit to do business in this state and that specifies 1,139
that the offender has been convicted of or pleaded guilty to an 1,140
offense that may violate the conditions under which the 1,141
offender's professional license or license or permit to do 1,142
business in this state was granted or an offense for which the 1,143
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 1,144
(Y) "Major drug offender" means an offender who is 1,147
convicted of or pleads guilty to the possession of, sale of, or 1,148
offer to sell any drug, compound, mixture, preparation, or 1,149
substance that consists of or contains at least one thousand 1,150
grams of hashish; at least one hundred grams of crack cocaine; at 1,151
least one thousand grams of cocaine that is not crack cocaine; at 1,152
least two hundred fifty grams of heroin; at least five thousand 1,153
unit doses of L.S.D.; or at least one hundred times the amount of 1,155
any other schedule I or II controlled substance other than 1,156
marihuana that is necessary to commit a felony of the third 1,157
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 1,158
2925.11 of the Revised Code that is based on the possession of, 1,159
sale of, or offer to sell the controlled substance. 1,160
(Z) "Mandatory prison term" means one any of the 1,162
following:
(1) Subject to division (DD)(Z)(2) of this section, the 1,165
29
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10)(11) 1,167
of section 2929.13 and division (D) of section 2929.14 of the 1,168
Revised Code. Except as provided in sections 2925.02, 2925.03, 1,170
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 1,171
maximum or another specific term is required under section 1,172
2929.14 of the Revised Code, a mandatory prison term described in 1,173
this division may be any prison term authorized for the level of 1,174
offense.
(2) The term of sixty days in prison that a sentencing 1,177
court is required to impose for a fourth degree felony OMVI 1,178
offense pursuant to division (G)(2) of section 2929.13 and 1,179
division (A)(4) of section 4511.99 of the Revised Code. 1,180
(3) The term in prison imposed pursuant to section 2971.03 1,182
of the Revised Code for the offenses and in the circumstances 1,183
described in division (F)(9) of section 2929.13 of the Revised 1,184
Code and that term as modified or terminated pursuant to section 1,186
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 1,189
an offender continues to be under the control of the sentencing 1,190
court or parole board, subject to no conditions other than 1,191
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 1,194
convicted of or pleads guilty to a felony or a misdemeanor. 1,195
(CC) "Prison" means a residential facility used for the 1,198
confinement of convicted felony offenders that is under the 1,199
control of the department of rehabilitation and correction but 1,200
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 1,201
(DD) "Prison term" includes any of the following sanctions 1,203
for an offender:
(1) A stated prison term; 1,205
(2) A term in a prison shortened by, or with the approval 1,208
of, the sentencing court pursuant to section 2929.20, 2967.26, 1,209
30
5120.031, 5120.032, or 5120.073 of the Revised Code; 1,210
(3) A term in prison extended by bad time imposed pursuant 1,213
to section 2967.11 of the Revised Code or imposed for a violation 1,214
of post-release control pursuant to section 2967.28 of the 1,215
Revised Code.
(EE) "Repeat violent offender" means a person about whom 1,218
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 1,221
to, and is being sentenced for committing, for complicity in 1,222
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 1,223
other than one set forth in Chapter 2925. of the Revised Code, a 1,225
felony of the first degree set forth in Chapter 2925. of the 1,226
Revised Code that involved an attempt to cause serious physical 1,227
harm to a person or that resulted in serious physical harm to a 1,228
person, or a felony of the second degree that involved an attempt 1,229
to cause serious physical harm to a person or that resulted in 1,231
serious physical harm to a person.
(2) Either of the following applies: 1,233
(a) The person previously was convicted of or pleaded 1,235
guilty to, and served a prison term for, any of the following: 1,236
(i) Aggravated murder, murder, involuntary manslaughter, 1,238
rape, felonious sexual penetration as it existed under section 1,240
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 1,241
death of a person or in physical harm to a person, or complicity 1,242
in or an attempt to commit any of those offenses; 1,243
(ii) An offense under an existing or former law of this 1,246
state, another state, or the United States that is or was 1,247
substantially equivalent to an offense listed under division 1,248
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 1,250
child for committing an act that if committed by an adult would 1,251
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 1,253
31
this section, the person was committed to the department of youth 1,254
services for that delinquent act, and the juvenile court in which 1,255
the person was adjudicated a delinquent child made a specific 1,256
finding that the adjudication should be considered a conviction 1,258
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 1,259
(FF) "Sanction" means any penalty imposed upon an offender 1,262
who is convicted of or pleads guilty to an offense, as punishment 1,263
for the offense. "Sanction" includes any sanction imposed 1,264
pursuant to any provision of sections 2929.14 to 2929.18 of the 1,265
Revised Code.
(GG) "Sentence" means the sanction or combination of 1,268
sanctions imposed by the sentencing court on an offender who is 1,269
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 1,272
prison term, or combination of all prison terms and mandatory 1,273
prison terms imposed by the sentencing court pursuant to section 1,274
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 1,275
includes any credit received by the offender for time spent in 1,276
jail awaiting trial, sentencing, or transfer to prison for the 1,277
offense and any time spent under house arrest or electronically 1,278
monitored house arrest imposed after earning credits pursuant to 1,279
section 2967.193 of the Revised Code. 1,280
(II) "Victim-offender mediation" means a reconciliation or 1,283
mediation program that involves an offender and the victim of the 1,284
offense committed by the offender and that includes a meeting in 1,285
which the offender and the victim may discuss the offense, 1,286
discuss restitution, and consider other sanctions for the 1,287
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 1,290
of division (A) of section 4511.19 of the Revised Code that, 1,292
under section 4511.99 of the Revised Code, is a felony of the 1,294
fourth degree.
(KK) "Mandatory term of local incarceration" means the 1,297
32
term of sixty days in a jail, a community-based correctional 1,298
facility, a halfway house, or an alternative residential facility 1,299
that a sentencing court is required to impose upon a person who 1,300
is convicted of or pleads guilty to a fourth degree felony OMVI 1,301
offense pursuant to division (G)(1) of section 2929.13 of the 1,302
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 1,303
(LL) "Designated homicide, assault, or kidnapping 1,305
offense," "sexual motivation specification," "sexually violent 1,306
offense," "sexually violent predator," and "sexually violent 1,307
predator specification" have the same meanings as in section 1,308
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 1,311
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 1,312
(NN) "BODY ARMOR" HAS THE SAME MEANING AS IN SECTION 1,314
2941.1411 OF THE REVISED CODE. 1,315
Sec. 2929.13. (A) Except as provided in division (E), 1,325
(F), or (G) of this section and unless a specific sanction is 1,326
required to be imposed or is precluded from being imposed 1,327
pursuant to law, a court that imposes a sentence upon an offender 1,328
for a felony may impose any sanction or combination of sanctions 1,329
on the offender that are provided in sections 2929.14 to 2929.18 1,330
of the Revised Code. The sentence shall not impose an 1,331
unnecessary burden on state or local government resources. 1,332
If the offender is eligible to be sentenced to community 1,334
control sanctions, the court shall consider the appropriateness 1,336
of imposing a financial sanction pursuant to section 2929.18 of 1,337
the Revised Code or a sanction of community service pursuant to 1,339
section 2929.17 of the Revised Code as the sole sanction for the 1,340
offense. Except as otherwise provided in this division, if the 1,341
court is required to impose a mandatory prison term for the 1,342
offense for which sentence is being imposed, the court also may 1,343
impose a financial sanction pursuant to section 2929.18 of the 1,344
33
Revised Code but may not impose any additional sanction or 1,345
combination of sanctions under section 2929.16 or 2929.17 of the 1,346
Revised Code. 1,347
If the offender is being sentenced for a fourth degree 1,349
felony OMVI offense, in addition to the mandatory term of local 1,350
incarceration or the mandatory prison term required for the 1,352
offense by division (G)(1) or (2) of this section, the court 1,354
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 1,357
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 1,359
offender be sentenced to a mandatory term of local incarceration, 1,360
an additional community control sanction or combination of 1,362
community control sanctions under section 2929.16 or 2929.17 of 1,363
the Revised Code; 1,364
(2) If division (G)(2) of this section requires that the 1,366
offender be sentenced to a mandatory prison term, an additional 1,367
prison term as described in division (D)(4) of section 2929.14 of 1,368
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 1,371
(G) of this section, in sentencing an offender for a felony of 1,372
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 1,374
(a) In committing the offense, the offender caused 1,376
physical harm to a person. 1,377
(b) In committing the offense, the offender attempted to 1,380
cause or made an actual threat of physical harm to a person with 1,381
a deadly weapon.
(c) In committing the offense, the offender attempted to 1,384
cause or made an actual threat of physical harm to a person, and 1,385
the offender previously was convicted of an offense that caused 1,386
physical harm to a person.
(d) The offender held a public office or position of trust 1,389
and the offense related to that office or position; the
34
offender's position obliged the offender to prevent the offense 1,390
or to bring those committing it to justice; or the offender's 1,391
professional reputation or position facilitated the offense or 1,392
was likely to influence the future conduct of others. 1,393
(e) The offender committed the offense for hire or as part 1,395
of an organized criminal activity. 1,396
(f) The offense is a sex offense that is a fourth or fifth 1,399
degree felony violation of section 2907.03, 2907.04, 2907.05, 1,400
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 1,401
Revised Code.
(g) The offender previously served a prison term. 1,403
(h) The offender previously was subject to a community 1,405
control sanction, and the offender committed another offense 1,407
while under the sanction.
(2)(a) If the court makes a finding described in division 1,410
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 1,411
and if the court, after considering the factors set forth in 1,412
section 2929.12 of the Revised Code, finds that a prison term is 1,414
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 1,416
offender is not amenable to an available community control 1,417
sanction, the court shall impose a prison term upon the offender. 1,418
(b) Except as provided in division (E), (F), or (G) of 1,420
this section, if the court does not make a finding described in 1,422
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 1,423
section and if the court, after considering the factors set forth 1,424
in section 2929.12 of the Revised Code, finds that a community 1,426
control sanction or combination of community control sanctions is 1,428
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 1,431
impose a community control sanction or combination of community 1,432
control sanctions upon the offender. 1,433
(C) Except as provided in division (E) or (F) of this 1,436
section, in determining whether to impose a prison term as a 1,437
35
sanction for a felony of the third degree or a felony drug 1,438
offense that is a violation of a provision of Chapter 2925. of 1,440
the Revised Code and that is specified as being subject to this 1,443
division for purposes of sentencing, the sentencing court shall 1,444
comply with the purposes and principles of sentencing under 1,445
section 2929.11 of the Revised Code and with section 2929.12 of 1,448
the Revised Code.
(D) Except as provided in division (E) or (F) of this 1,451
section, for a felony of the first or second degree and for a 1,452
felony drug offense that is a violation of any provision of 1,453
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1,454
presumption in favor of a prison term is specified as being 1,455
applicable, it is presumed that a prison term is necessary in 1,456
order to comply with the purposes and principles of sentencing 1,457
under section 2929.11 of the Revised Code. Notwithstanding the 1,458
presumption established under this division, the sentencing court 1,459
may impose a community control sanction or a combination of 1,460
community control sanctions instead of a prison term on an 1,461
offender for a felony of the first or second degree or for a 1,462
felony drug offense that is a violation of any provision of 1,463
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 1,464
applicable if it makes both of the following findings: 1,466
(1) A community control sanction or a combination of 1,468
community control sanctions would adequately punish the offender 1,470
and protect the public from future crime, because the applicable 1,471
factors under section 2929.12 of the Revised Code indicating a 1,473
lesser likelihood of recidivism outweigh the applicable factors 1,475
under that section indicating a greater likelihood of recidivism. 1,477
(2) A community control sanction or a combination of 1,479
community control sanctions would not demean the seriousness of 1,481
the offense, because one or more factors under section 2929.12 of 1,482
the Revised Code that indicate that the offender's conduct was 1,483
less serious than conduct normally constituting the offense are 1,484
36
applicable, and they outweigh the applicable factors under that 1,485
section that indicate that the offender's conduct was more 1,486
serious than conduct normally constituting the offense. 1,487
(E)(1) Except as provided in division (F) of this section, 1,490
for any drug offense that is a violation of any provision of 1,491
Chapter 2925. of the Revised Code and that is a felony of the 1,492
third, fourth, or fifth degree, the applicability of a 1,493
presumption under division (D) of this section in favor of a 1,494
prison term or of division (B) or (C) of this section in 1,495
determining whether to impose a prison term for the offense shall 1,497
be determined as specified in section 2925.02, 2925.03, 2925.04, 1,498
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 1,499
2925.36, or 2925.37 of the Revised Code, whichever is applicable 1,502
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 1,504
to a felony drug offense in violation of a provision of Chapter 1,505
2925., 3719., or 4729. of the Revised Code violates the 1,506
conditions of a community control sanction imposed for the 1,507
offense solely by possessing or using a controlled substance and 1,509
if the offender has not failed to meet the conditions of any drug 1,510
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 1,511
punishment for the violation of the sanction, shall order that 1,512
the offender participate in a drug treatment program or in 1,513
alcoholics anonymous, narcotics anonymous, or a similar program 1,514
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 1,515
forth in section 2929.11 of the Revised Code. If the court 1,516
determines that an order of that nature would not be consistent 1,517
with those purposes and principles or if the offender violated 1,518
the conditions of a drug treatment program in which the offender 1,519
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 1,520
sanction, including a prison term. 1,521
37
(F) Notwithstanding divisions (A) to (E) of this section, 1,524
the court shall impose a prison term or terms under sections 1,525
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 1,526
Revised Code and except as specifically provided in section 1,527
2929.20 of the Revised Code or when parole is authorized for the 1,528
offense under section 2967.13 of the Revised Code, shall not 1,529
reduce the terms pursuant to section 2929.20, section 2967.193, 1,530
or any other provision of Chapter 2967. or Chapter 5120. of the 1,532
Revised Code for any of the following offenses: 1,533
(1) Aggravated murder when death is not imposed or murder; 1,535
(2) Any rape, regardless of whether force was involved and 1,537
regardless of the age of the victim, or an attempt to commit rape 1,538
by force when the victim is under thirteen years of age; 1,541
(3) Gross sexual imposition or sexual battery, if the 1,543
victim is under thirteen years of age, if the offender previously 1,545
was convicted of or pleaded guilty to rape, the former offense of 1,546
felonious sexual penetration, gross sexual imposition, or sexual 1,547
battery, and if the victim of the previous offense was under 1,549
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, 1,551
2903.08, 2903.11, 2903.12, or 2903.13 of the Revised Code if the 1,553
section requires the imposition of a prison term; 1,554
(5) A first, second, or third degree felony drug offense 1,557
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 1,558
4729.99 of the Revised Code, whichever is applicable regarding 1,560
the violation, requires the imposition of a mandatory prison 1,561
term;
(6) Any offense that is a first or second degree felony 1,563
and that is not set forth in division (F)(1), (2), (3), or (4) of 1,565
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 1,567
degree felony, or an offense under an existing or former law of 1,568
this state, another state, or the United States that is or was 1,569
38
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 1,571
of the Revised Code, that is a felony, if the offender had a 1,572
firearm on or about the offender's person or under the offender's 1,573
control while committing the felony, with respect to a portion of 1,574
the sentence imposed pursuant to division (D)(1)(a) of section 1,576
2929.14 of the Revised Code for having the firearm;
(8) ANY OFFENSE THAT IS A FELONY, IF THE OFFENDER WORE OR 1,578
CARRIED BODY ARMOR WHILE COMMITTING THE FELONY, WITH RESPECT TO 1,579
THE PORTION OF THE SENTENCE IMPOSED PURSUANT TO DIVISION (D)(5) 1,580
OF SECTION 2929.14 OF THE REVISED CODE FOR WEARING OR CARRYING 1,581
THE BODY ARMOR;
(9) Corrupt activity in violation of section 2923.32 of 1,583
the Revised Code when the most serious offense in the pattern of 1,585
corrupt activity that is the basis of the offense is a felony of 1,586
the first degree;
(9)(10) Any sexually violent offense for which the 1,588
offender also is convicted of or pleads guilty to a sexually 1,590
violent predator specification that was included in the 1,591
indictment, count in the indictment, or information charging the 1,592
sexually violent offense;
(10)(11) A violation of division (A)(1) or (2) of section 1,594
2921.36 of the Revised Code, or a violation of division (C) of 1,596
that section involving an item listed in division (A)(1) or (2) 1,597
of that section, if the offender is an officer or employee of the 1,598
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 1,601
if an offender is being sentenced for a fourth degree felony OMVI 1,602
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 1,603
accordance with the following: 1,604
(1) Except as provided in division (G)(2) of this section, 1,606
the court shall impose upon the offender a mandatory term of 1,607
local incarceration of sixty days as specified in division (A)(4) 1,608
39
of section 4511.99 of the Revised Code and shall not reduce the 1,609
term pursuant to section 2929.20, 2967.193, or any other 1,610
provision of the Revised Code. The court that imposes a 1,611
mandatory term of local incarceration under this division shall 1,612
specify whether the term is to be served in a jail, a 1,613
community-based correctional facility, a halfway house, or an 1,614
alternative residential facility, and the offender shall serve 1,615
the term in the type of facility specified by the court. The 1,616
court shall not sentence the offender to a prison term and shall 1,617
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 1,618
incarceration imposed under division (G)(1) of this section is 1,619
not subject to extension under section 2967.11 of the Revised 1,620
Code, to a period of post-release control under section 2967.28 1,621
of the Revised Code, or to any other Revised Code provision that 1,622
pertains to a prison term.
(2) If the offender previously has been sentenced to a 1,624
mandatory term of local incarceration pursuant to division (G)(1) 1,625
of this section for a fourth degree felony OMVI offense, the 1,626
court shall impose upon the offender a mandatory prison term of 1,627
sixty days as specified in division (A)(4) of section 4511.99 of 1,628
the Revised Code and shall not reduce the term pursuant to 1,629
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 1,630
to a mandatory term of local incarceration pursuant to division 1,631
(G)(1) of this section for a fourth degree felony OMVI offense be 1,632
sentenced to another mandatory term of local incarceration under 1,633
that division for a fourth degree felony OMVI offense. The court 1,634
shall not sentence the offender to a community control sanction 1,635
under section 2929.16 or 2929.17 of the Revised Code. The 1,636
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 1,637
intensive program prison established pursuant to section 5120.033 1,638
of the Revised Code if the department gave the sentencing judge 1,639
40
prior notice of its intent to place the offender in an intensive 1,640
program prison established under that section and if the judge 1,641
did not notify the department that the judge disapproved the 1,642
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 1,643
that is privately operated and managed by a contractor pursuant 1,644
to a contract entered into under section 9.06 of the Revised 1,645
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 1,647
make a reasonable effort to ensure that a sufficient number of 1,648
offenders sentenced to a mandatory prison term under this 1,649
division are placed in the privately operated and managed prison 1,650
so that the privately operated and managed prison has full 1,651
occupancy.
(b) Unless the privately operated and managed prison has 1,653
full occupancy, the department of rehabilitation and correction 1,654
shall not place any offender sentenced to a mandatory prison term 1,655
under this division in any intensive program prison established 1,656
pursuant to section 5120.033 of the Revised Code other than the 1,658
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 1,661
oriented offense committed on or after January 1, 1997, the judge 1,662
shall require the offender to submit to a DNA specimen collection 1,664
procedure pursuant to section 2901.07 of the Revised Code if 1,666
either of the following applies:
(1) The offense was a sexually violent offense, and the 1,668
offender also was convicted of or pleaded guilty to a sexually 1,669
violent predator specification that was included in the 1,670
indictment, count in the indictment, or information charging the 1,671
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 1,673
offense determines pursuant to division (B) of section 2950.09 of 1,674
the Revised Code that the offender is a sexual predator. 1,675
(I) If an offender is being sentenced for a sexually 1,678
41
oriented offense committed on or after January 1, 1997, the judge 1,679
shall include in the sentence a summary of the offender's duty to 1,681
register pursuant to section 2950.04 of the Revised Code, the 1,682
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 1,683
section 2950.05 of the Revised Code, the offender's duty to 1,684
periodically verify the offender's current residence address 1,685
pursuant to section 2950.06 of the Revised Code, and the duration 1,686
of the duties. The judge shall inform the offender, at the time 1,687
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 1,689
Code, shall perform the duties specified in that section. 1,690
Sec. 2929.14. (A) Except as provided in division (C), 1,700
(D)(2), (D)(3), (D)(4), (D)(5), or (G) of this section and except 1,701
in relation to an offense for which a sentence of death or life 1,702
imprisonment is to be imposed, if the court imposing a sentence 1,703
upon an offender for a felony elects or is required to impose a 1,704
prison term on the offender pursuant to this chapter and is not 1,705
prohibited by division (G)(1) of section 2929.13 of the Revised 1,706
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 1,708
(1) For a felony of the first degree, the prison term 1,710
shall be three, four, five, six, seven, eight, nine, or ten 1,711
years. 1,712
(2) For a felony of the second degree, the prison term 1,714
shall be two, three, four, five, six, seven, or eight years. 1,715
(3) For a felony of the third degree, the prison term 1,717
shall be one, two, three, four, or five years. 1,718
(4) For a felony of the fourth degree, the prison term 1,720
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 1,721
fourteen, fifteen, sixteen, seventeen, or eighteen months. 1,722
(5) For a felony of the fifth degree, the prison term 1,724
shall be six, seven, eight, nine, ten, eleven, or twelve months. 1,726
(B) Except as provided in division (C), (D)(2), (D)(3), or 1,729
42
(G) of this section, in section 2907.02 of the Revised Code, or 1,730
in Chapter 2925. of the Revised Code, if the court imposing a 1,732
sentence upon an offender for a felony elects or is required to 1,733
impose a prison term on the offender and if the offender 1,734
previously has not served a prison term, the court shall impose 1,735
the shortest prison term authorized for the offense pursuant to 1,736
division (A) of this section, unless the court finds on the 1,737
record that the shortest prison term will demean the seriousness 1,738
of the offender's conduct or will not adequately protect the 1,739
public from future crime by the offender or others. 1,740
(C) Except as provided in division (G) of this section or 1,742
in Chapter 2925. of the Revised Code, the court imposing a 1,743
sentence upon an offender for a felony may impose the longest 1,744
prison term authorized for the offense pursuant to division (A) 1,745
of this section only upon offenders who committed the worst forms 1,746
of the offense, upon offenders who pose the greatest likelihood 1,747
of committing future crimes, upon certain major drug offenders 1,748
under division (D)(3) of this section, and upon certain repeat 1,749
violent offenders in accordance with division (D)(2) of this 1,751
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 1,753
this section, if an offender who is convicted of or pleads guilty 1,754
to a felony also is convicted of or pleads guilty to a 1,755
specification of the type described in section 2941.144 of the 1,756
Revised Code that charges the offender with having a firearm that 1,758
is an automatic firearm or that was equipped with a firearm 1,759
muffler or silencer on or about the offender's person or under 1,761
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 1,762
Revised Code that charges the offender with having a firearm on 1,763
or about the offender's person or under the offender's control 1,764
while committing the offense and displaying the firearm, 1,766
brandishing the firearm, indicating that the offender possessed 1,767
the firearm, or using it to facilitate the offense, or a 1,769
43
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 1,771
or about the offender's person or under the offender's control 1,772
while committing the felony, the court, after imposing a prison 1,773
term on the offender for the felony under division (A), (D)(2), 1,775
or (D)(3) of this section, shall impose an additional prison 1,776
term, determined pursuant to this division, that shall not be 1,777
reduced pursuant to section 2929.20, section 2967.193, or any 1,778
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,779
Code. If the specification is of the type described in section 1,781
2941.144 of the Revised Code, the additional prison term shall be 1,782
six years. If the specification is of the type described in 1,784
section 2941.145 of the Revised Code, the additional prison term 1,786
shall be three years. If the specification is of the type 1,787
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 1,789
than one additional prison term on an offender under this 1,790
division for felonies committed as part of the same act or 1,791
transaction. If a court imposes an additional prison term under 1,792
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 1,793
division.
(ii) Except as provided in division (D)(1)(b) of this 1,796
section, if an offender who is convicted of or pleads guilty to a 1,797
violation of section 2923.161 of the Revised Code or to a felony 1,799
that includes, as an essential element, purposely or knowingly 1,800
causing or attempting to cause the death of or physical harm to 1,801
another, also is convicted of or pleads guilty to a specification 1,802
of the type described in section 2941.146 of the Revised Code 1,805
that charges the offender with committing the offense by 1,806
discharging a firearm from a motor vehicle, as defined in section 1,807
4501.01 of the Revised Code, other than a manufactured home, as 1,810
defined in section 4501.01 of the Revised Code, the court, after 1,812
imposing a prison term on the offender for the violation of 1,813
44
section 2923.161 of the Revised Code or for the other felony 1,815
offense under division (A), (D)(2), or (D)(3) of this section, 1,816
shall impose an additional prison term of five years upon the 1,817
offender that shall not be reduced pursuant to section 2929.20, 1,818
section 2967.193, or any other provision of Chapter 2967. or 1,819
Chapter 5120. of the Revised Code. A court shall not impose more 1,821
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 1,823
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 1,824
also shall impose an additional prison term under division 1,825
(D)(1)(a)(i) of this section relative to the same offense, 1,826
provided the criteria specified in that division for imposing an 1,827
additional prison term are satisfied relative to the offender and 1,828
the offense.
(b) The court shall not impose any of the additional 1,830
prison terms described in division (D)(1)(a) of this section upon 1,833
an offender for a violation of section 2923.12 or 2923.123 of the 1,834
Revised Code. The court shall not impose any of the additional 1,835
prison terms described in that division upon an offender for a 1,836
violation of section 2923.13 of the Revised Code unless all of 1,837
the following apply:
(i) The offender previously has been convicted of 1,840
aggravated murder, murder, or any felony of the first or second 1,841
degree.
(ii) Less than five years have passed since the offender 1,844
was released from prison or post-release control, whichever is 1,845
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 1,848
to a felony also is convicted of or pleads guilty to a 1,849
specification of the type described in section 2941.149 of the 1,850
Revised Code that the offender is a repeat violent offender, the 1,853
court shall impose a prison term from the range of terms 1,854
authorized for the offense under division (A) of this section 1,855
45
that may be the longest term in the range and that shall not be 1,856
reduced pursuant to section 2929.20, section 2967.193, or any 1,858
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,859
Code. If the court finds that the repeat violent offender, in 1,861
committing the offense, caused any physical harm that carried a 1,862
substantial risk of death to a person or that involved 1,863
substantial permanent incapacity or substantial permanent 1,864
disfigurement of a person, the court shall impose the longest 1,865
prison term from the range of terms authorized for the offense 1,867
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 1,870
violent offender imposes the longest prison term from the range 1,871
of terms authorized for the offense under division (A) of this 1,872
section, the court may impose on the offender an additional 1,873
definite prison term of one, two, three, four, five, six, seven, 1,874
eight, nine, or ten years if the court finds that both of the 1,875
following apply with respect to the prison terms imposed on the 1,876
offender pursuant to division (D)(2)(a) of this section and, if 1,877
applicable, divisions (D)(1) and (3) of this section: 1,878
(i) The terms so imposed are inadequate to punish the 1,881
offender and protect the public from future crime, because the 1,882
applicable factors under section 2929.12 of the Revised Code 1,885
indicating a greater likelihood of recidivism outweigh the 1,887
applicable factors under that section indicating a lesser
likelihood of recidivism. 1,888
(ii) The terms so imposed are demeaning to the seriousness 1,891
of the offense, because one or more of the factors under section 1,892
2929.12 of the Revised Code indicating that the offender's 1,893
conduct is more serious than conduct normally constituting the 1,894
offense are present, and they outweigh the applicable factors 1,895
under that section indicating that the offender's conduct is less 1,897
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,900
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,901
46
imposed for the violation is life imprisonment or commits a 1,902
violation of section 2903.02 of the Revised Code, if the offender 1,903
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,904
the Revised Code and that section requires the imposition of a 1,906
ten-year prison term on the offender or if a court imposing a 1,907
sentence upon an offender for a felony finds that the offender is 1,908
guilty of a specification of the type described in section 1,909
2941.1410 of the Revised Code, that the offender is a major drug 1,910
offender, is guilty of corrupt activity with the most serious 1,911
offense in the pattern of corrupt activity being a felony of the 1,912
first degree, or is guilty of an attempted forcible violation of 1,913
section 2907.02 of the Revised Code with the victim being under 1,914
thirteen years of age and that attempted violation is the felony 1,915
for which sentence is being imposed, the court shall impose upon 1,916
the offender for the felony violation a ten-year prison term that 1,917
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,919
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,922
division (D)(3)(a) of this section may impose an additional 1,923
prison term of one, two, three, four, five, six, seven, eight, 1,924
nine, or ten years, if the court, with respect to the term 1,925
imposed under division (D)(3)(a) of this section and, if 1,926
applicable, divisions (D)(1) and (2) of this section, makes both 1,928
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,929
this section.
(4) If the offender is being sentenced for a fourth degree 1,931
felony OMVI offense and if division (G)(2) of section 2929.13 of 1,933
the Revised Code requires the sentencing court to impose upon the 1,934
offender a mandatory prison term, the sentencing court shall 1,935
impose upon the offender a mandatory prison term in accordance 1,936
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 1,937
prison term of any duration specified in division (A)(4) of this 1,938
section minus the sixty days imposed upon the offender as the 1,939
47
mandatory prison term. The total of the additional prison term 1,940
imposed under division (D)(4) of this section plus the sixty days 1,941
imposed as the mandatory prison term shall equal one of the 1,942
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 1,943
division (D)(4) of this section, the offender shall serve the 1,944
additional prison term after the offender has served the 1,945
mandatory prison term required for the offense. The court shall 1,946
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 1,947
(5)(a) IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 1,949
TO A FELONY ALSO IS CONVICTED OF OR PLEADS GUILTY TO A 1,950
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1411 OF THE 1,952
REVISED CODE THAT CHARGES THE OFFENDER WITH WEARING OR CARRYING 1,953
BODY ARMOR WHILE COMMITTING THE FELONY, THE COURT SHALL IMPOSE ON 1,954
THE OFFENDER A MANDATORY PRISON TERM AS FOLLOWS: 1,955
(i) IF THE COURT DOES NOT IMPOSE ON THE OFFENDER A 1,957
MANDATORY PRISON TERM OR TERMS UNDER DIVISION (D)(1)(a) OF THIS 1,958
SECTION, A PRISON TERM OF ONE, TWO, OR FIVE YEARS; 1,960
(ii) IF THE COURT ALSO IMPOSES ON THE OFFENDER A MANDATORY 1,962
PRISON TERM UNDER DIVISION (D)(1)(a) OF THIS SECTION AS A RESULT 1,964
OF THE OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO A 1,965
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.141 OF THE 1,967
REVISED CODE, A PRISON TERM OF ONE YEAR; 1,968
(iii) IF THE COURT ALSO IMPOSES ON THE OFFENDER A 1,970
MANDATORY PRISON TERM UNDER DIVISION (D)(1)(a) OF THIS SECTION AS 1,972
A RESULT OF THE OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO 1,973
A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.144 OF THE 1,975
REVISED CODE, A PRISON TERM OF SIX YEARS; 1,977
(iv) IF THE COURT ALSO IMPOSES ON THE OFFENDER A MANDATORY 1,979
PRISON TERM UNDER DIVISION (D)(1)(a) OF THIS SECTION AS A RESULT 1,981
OF THE OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO A 1,982
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.145 OF THE 1,983
REVISED CODE, A PRISON TERM OF THREE YEARS; 1,985
48
(v) IF THE COURT ALSO IMPOSES ON THE OFFENDER A MANDATORY 1,987
PRISON TERM UNDER DIVISION (D)(1)(a) OF THIS SECTION AS A RESULT 1,989
OF THE OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO A 1,990
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.146 OF THE 1,992
REVISED CODE, A PRISON TERM OF FIVE YEARS. 1,993
(b) IF A COURT IMPOSES A MANDATORY PRISON TERM ON AN 1,995
OFFENDER UNDER DIVISION (D)(5)(a) OF THIS SECTION, THE MANDATORY 1,997
PRISON TERM SHALL NOT BE REDUCED PURSUANT TO SECTION 2929.20, 1,998
SECTION 2967.193, OR ANY OTHER PROVISION OF CHAPTER 2967. OR 2,000
CHAPTER 5120. OF THE REVISED CODE. A COURT SHALL NOT IMPOSE MORE 2,002
THAN ONE PRISON TERM ON AN OFFENDER UNDER DIVISION (D)(5)(a) FOR 2,003
FELONIES COMMITTED AS PART OF THE SAME ACT OR TRANSACTION. 2,005
(E)(1) If SUBJECT TO DIVISION (E)(5) OF THIS SECTION, IF a 2,008
mandatory prison term is imposed upon an offender pursuant to 2,009
division (D)(1)(a) of this section for having a firearm on or 2,010
about the offender's person or under the offender's control while 2,012
committing a felony or if a mandatory prison term is imposed upon 2,013
an offender pursuant to division (D)(1)(b) of this section for 2,014
committing a felony specified in that division by discharging a 2,015
firearm from a motor vehicle, the offender shall serve the 2,016
mandatory prison term consecutively to and prior to the prison
term imposed for the underlying felony pursuant to division (A), 2,017
(D)(2), or (D)(3) of this section or any other section of the 2,019
Revised Code and consecutively to any other prison term or 2,020
mandatory prison term previously or subsequently imposed upon the 2,021
offender. 2,022
(2) If an offender who is an inmate in a jail, prison, or 2,025
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 2,027
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 2,028
offender who is an inmate in a jail, prison, or other residential 2,029
detention facility or is under detention at a detention facility 2,030
commits another felony while the offender is an escapee in 2,032
49
violation of section 2921.34 of the Revised Code, any prison term 2,034
imposed upon the offender for one of those violations shall be 2,035
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 2,037
committed that offense and to any other prison term previously or 2,038
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 2,039
meanings as in section 2921.01 of the Revised Code. 2,040
(3) If a prison term is imposed for a violation of 2,042
division (B) of section 2911.01 of the Revised Code or if a 2,044
prison term is imposed for a felony violation of division (B) of 2,045
section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or 2,047
mandatory prison term previously or subsequently imposed upon the 2,048
offender.
(4) If multiple prison terms are imposed on an offender 2,050
for convictions of multiple offenses, the court may require the 2,051
offender to serve the prison terms consecutively if the court 2,052
finds that the consecutive service is necessary to protect the 2,053
public from future crime or to punish the offender and that 2,054
consecutive sentences are not disproportionate to the seriousness 2,055
of the offender's conduct and to the danger the offender poses to 2,057
the public, and if the court also finds any of the following: 2,058
(a) The offender committed the multiple offenses while the 2,061
offender was awaiting trial or sentencing, was under a sanction 2,062
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 2,063
Revised Code, or was under post-release control for a prior 2,064
offense.
(b) The harm caused by the multiple offenses was so great 2,067
or unusual that no single prison term for any of the offenses 2,068
committed as part of a single course of conduct adequately 2,069
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 2,071
demonstrates that consecutive sentences are necessary to protect 2,072
50
the public from future crime by the offender. 2,073
(5) IF A MANDATORY PRISON TERM IS IMPOSED UPON AN OFFENDER 2,075
PURSUANT TO DIVISION (D)(5)(a) OF THIS SECTION FOR WEARING OR 2,076
CARRYING BODY ARMOR WHILE COMMITTING A FELONY, THE OFFENDER SHALL 2,078
SERVE THE MANDATORY PRISON TERM CONSECUTIVELY TO AND PRIOR TO ANY 2,080
PRISON TERM OR TERMS IMPOSED UNDER DIVISION (D)(1)(a) OR 2,082
(D)(1)(c) OF THIS SECTION, ANY PRISON TERM IMPOSED FOR THE 2,083
UNDERLYING FELONY UNDER DIVISION (A), (D)(2), OR (D)(3) OF THIS 2,085
SECTION OR ANY OTHER SECTION OF THE REVISED CODE, AND 2,086
CONSECUTIVELY TO ANY OTHER PRISON TERM OR MANDATORY PRISON TERM 2,087
PREVIOUSLY OR SUBSEQUENTLY IMPOSED ON THE OFFENDER. 2,088
(6) When consecutive prison terms are imposed pursuant to 2,091
division (E)(1), (2), (3), or (4), OR (5) of this section, the 2,093
term to be served is the aggregate of all of the terms so
imposed. 2,094
(F) If a court imposes a prison term of a type described 2,097
in division (B) of section 2967.28 of the Revised Code, it shall 2,098
include in the sentence a requirement that the offender be 2,099
subject to a period of post-release control after the offender's 2,100
release from imprisonment, in accordance with that division. If 2,101
a court imposes a prison term of a type described in division (C) 2,102
of that section, it shall include in the sentence a requirement 2,103
that the offender be subject to a period of post-release control 2,104
after the offender's release from imprisonment, in accordance 2,105
with that division, if the parole board determines that a period 2,106
of post-release control is necessary. 2,107
(G) If a person is convicted of or pleads guilty to a 2,109
sexually violent offense and also is convicted of or pleads 2,110
guilty to a sexually violent predator specification that was 2,111
included in the indictment, count in the indictment, or 2,112
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 2,113
the Revised Code, and Chapter 2971. of the Revised Code applies 2,114
regarding the prison term or term of life imprisonment without 2,115
51
parole imposed upon the offender and the service of that term of 2,116
imprisonment.
(H) If a person who has been convicted of or pleaded 2,118
guilty to a felony is sentenced to a prison term or term of 2,119
imprisonment under this section, sections 2929.02 to 2929.06 of 2,120
the Revised Code, section 2971.03 of the Revised Code, or any 2,121
other provision of law, section 5120.163 of the Revised Code 2,122
applies regarding the person while the person is confined in a
state correctional institution. 2,123
(I) If an offender who is convicted of or pleads guilty to 2,125
a felony that is an offense of violence also is convicted of or 2,127
pleads guilty to a specification of the type described in section 2,128
2941.142 of the Revised Code that charges the offender with 2,129
having committed the felony while participating in a criminal 2,130
gang, the court shall impose upon the offender an additional 2,131
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 2,133
aggravated murder, murder, or a felony of the first, second, or 2,135
third degree that is an offense of violence also is convicted of 2,136
or pleads guilty to a specification of the type described in 2,137
section 2941.143 of the Revised Code that charges the offender 2,139
with having committed the offense in a school safety zone or 2,141
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 2,142
offender shall serve the additional two years consecutively to 2,143
and prior to the prison term imposed for the underlying offense. 2,144
Sec. 2929.20. (A)(1) As used in this section, "eligible 2,154
offender" means any of the following:
(a) A person who has been convicted of or pleaded guilty 2,157
to a felony, who is serving a stated prison term of ten years or 2,159
less, and who is not serving a mandatory prison term;
(b) A person who has been convicted of or pleaded guilty 2,162
to a felony, who was sentenced to a mandatory prison term and 2,163
another prison term of ten years or less, and who has served the 2,164
52
mandatory prison term; 2,165
(c) A person who has been convicted of or pleaded guilty 2,168
to a felony, who was sentenced to a mandatory prison term
pursuant to division (D)(1) OR (5) of section 2929.14 of the 2,170
Revised Code and another prison term of ten years or less, who is 2,172
required by division (E)(1) OR (5) of section 2929.14 of the 2,174
Revised Code to serve the mandatory prison term and the other 2,176
prison term consecutively, and who has served the mandatory 2,177
prison term.
(2) "Eligible offender" does not include any of the 2,179
following: 2,180
(a) A person who has been convicted of or pleaded guilty 2,182
to a felony, who was sentenced to a mandatory prison term 2,183
pursuant to division (D)(2) or (3) of section 2929.14 of the 2,184
Revised Code and another prison term of ten years or less, and 2,185
who is required by division (E)(2), (3), or, (4) of section 2,186
2929.14 of the Revised Code to serve the mandatory prison term 2,190
and the other prison term consecutively, whether or not the
person has served the mandatory prison term. 2,191
(b) A person who has been convicted of or pleaded guilty 2,194
to a felony, who was sentenced to a mandatory prison term 2,195
pursuant to divisions (D)(1) and (2), or division (D)(3) of 2,196
section 2929.14 of the Revised Code and another prison term of 2,198
ten years or less, and who is required by division (E)(1), (2), 2,200
(3), or (4) of section 2929.14 of the Revised Code to serve any 2,202
of the mandatory prison terms and the other prison term 2,203
consecutively, whether or not the person has served the mandatory 2,204
prison terms. 2,205
(B) Upon the filing of a motion by the eligible offender 2,208
or upon its own motion, a sentencing court may reduce the 2,209
offender's stated prison term through a judicial release in 2,210
accordance with this section. An eligible offender may file a 2,211
motion for judicial release with the sentencing court within the 2,212
following applicable period of time: 2,213
53
(1) If the stated prison term was imposed for a felony of 2,216
the fourth or fifth degree, the eligible offender shall file the 2,217
motion not earlier than thirty days or later than ninety days 2,218
after the offender is delivered to a state correctional 2,219
institution.
(2) Except as otherwise provided in division (B)(3) of 2,221
this section, if the stated prison term was imposed for a felony 2,223
of the first, second, or third degree, the eligible offender 2,224
shall file the motion not earlier than one hundred eighty days 2,225
after the offender is delivered to a state correctional
institution. 2,226
(3) If the stated prison term is five years or more and 2,228
less than ten years, the eligible offender shall file the motion 2,229
after the eligible offender has served five years of the stated 2,230
prison term.
(4) If the offender was sentenced to a mandatory prison 2,232
term pursuant to division (D)(1) of section 2929.14 of the 2,233
Revised Code and a consecutive prison term other than a mandatory 2,234
prison term that is ten years or less, the offender shall file 2,236
the motion within the time authorized under division (B)(1), (2), 2,237
or (3) of this section for the felony for which the prison term 2,239
other than the mandatory prison term was imposed, but the time 2,240
for filing the motion does not begin to run until after the 2,241
expiration of the mandatory prison term. 2,242
(C) Upon receipt of a timely motion for judicial release 2,245
filed by an eligible offender under division (B) of this section 2,246
or upon the sentencing court's own motion made within the 2,247
appropriate time period specified in that division, the court may 2,248
schedule a hearing on the motion. The court may deny the motion 2,249
without a hearing but shall not grant the motion in any case 2,250
without a hearing. If a court denies without a hearing a motion 2,251
filed by an eligible offender or on its own motion that relates 2,252
to an eligible offender, the court may consider a subsequent 2,253
judicial release for that eligible offender on its own motion or 2,255
54
a subsequent motion for judicial release filed by that eligible 2,256
offender. If a court denies after a hearing a motion filed by an 2,257
eligible offender or its own motion that relates to an eligible 2,258
offender, the court shall not consider a subsequent motion for 2,259
that eligible offender. The court shall hold only one hearing 2,260
for any eligible offender.
A hearing under this section shall be conducted in open 2,262
court within sixty days after the date on which the motion is 2,263
filed, provided that the court may delay the hearing for a period 2,264
not to exceed one hundred eighty additional days. If the court 2,265
schedules a hearing on the motion, the court shall enter a ruling 2,266
on the motion within ten days after the hearing. If the court 2,267
denies the motion without a hearing, the court shall enter its 2,268
ruling on the motion within sixty days after the motion is filed. 2,269
(D) If a court schedules a hearing on the motion filed by 2,272
an eligible offender under this section or on its own motion, the 2,273
court shall notify the eligible offender of the hearing. The 2,274
eligible offender promptly shall serve a copy of the notice of 2,275
the hearing on the head of the state correctional institution in 2,277
which the eligible offender is confined. If the court schedules 2,278
a hearing for judicial release, the court promptly shall give 2,279
notice of the hearing to the prosecuting attorney of the county 2,280
in which the eligible offender was indicted. Upon receipt of the 2,281
notice from the court, the prosecuting attorney shall notify the 2,282
victim of the offense for which the stated prison term was 2,283
imposed or the victim's representative, pursuant to section 2,284
2930.16 of the Revised Code, of the hearing. 2,285
(E) Prior to the date of the hearing on a motion for 2,288
judicial release under this section, the head of the state 2,289
correctional institution in which the eligible offender in 2,290
question is confined shall send to the court a report on the 2,291
eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been 2,292
transferred. The report shall cover the eligible offender's 2,293
55
participation in school, vocational training, work, treatment, 2,294
and other rehabilitative activities and any disciplinary action 2,295
taken against the eligible offender. The report shall be made 2,296
part of the record of the hearing. 2,297
(F) If the court grants a hearing on a motion for judicial 2,300
release under this section, the eligible offender shall attend 2,301
the hearing if ordered to do so by the court. Upon receipt of a 2,302
copy of the journal entry containing the order, the head of the 2,303
state correctional institution in which the eligible offender is 2,304
incarcerated shall deliver the eligible offender to the sheriff 2,305
of the county in which the hearing is to be held. The sheriff 2,306
shall convey the eligible offender to the hearing and return the 2,307
offender to the institution after the hearing. 2,308
(G) At the hearing on a motion for judicial release under 2,311
this section, the court shall afford the eligible offender and 2,312
the eligible offender's counsel an opportunity to present written 2,313
information relevant to the motion and shall afford the eligible 2,314
offender, if present, and the eligible offender's attorney to 2,315
present oral information relevant to the motion. The court shall 2,316
afford a similar opportunity to the prosecuting attorney, the 2,317
victim or the victim's representative, as defined in section 2,318
2930.01 of the Revised Code, and any other person the court 2,319
determines is likely to present additional relevant information. 2,320
The court shall consider any statement of a victim made pursuant 2,321
to section 2930.14 or 2930.17 of the Revised Code and any victim 2,323
impact statement prepared pursuant to section 2947.051 of the 2,324
Revised Code. After ruling on the motion, the court shall notify 2,325
the victim of the ruling in accordance with sections 2930.03 and 2,326
2930.16 of the Revised Code. 2,327
(H)(1) A court shall not grant a judicial release under 2,330
this section to an eligible offender who is imprisoned for a 2,331
felony of the first or second degree, or to an eligible offender 2,332
who committed an offense contained in Chapter 2925. or 3719. of 2,333
the Revised Code and for whom there was a presumption under 2,334
56
section 2929.13 of the Revised Code in favor of a prison term, 2,336
unless the court, with reference to factors under section 2929.12 2,337
of the Revised Code, finds both of the following: 2,338
(a) That a sanction other than a prison term would 2,341
adequately punish the offender and protect the public from future 2,342
criminal violations by the eligible offender because the 2,343
applicable factors indicating a lesser likelihood of recidivism 2,344
outweigh the applicable factors indicating a greater likelihood 2,346
of recidivism;
(b) That a sanction other than a prison term would not 2,349
demean the seriousness of the offense because factors indicating 2,350
that the eligible offender's conduct in committing the offense 2,352
was less serious than conduct normally constituting the offense 2,353
outweigh factors indicating that the eligible offender's conduct 2,354
was more serious than conduct normally constituting the offense. 2,355
(2) A court that grants a judicial release to an eligible 2,358
offender under division (H)(1) of this section shall specify on 2,359
the record both findings required in that division and also shall 2,360
list all the factors described in that division that were 2,361
presented at the hearing.
(I) If the court grants a motion for judicial release 2,364
under this section, the court shall order the release of the 2,365
eligible offender, shall place the eligible offender under an
appropriate community control sanction, under a mandatory 2,367
condition of the type described in division (A) of section 2,368
2967.131 of the Revised Code, and under the supervision of the 2,369
department of probation serving the court, and shall reserve the 2,370
right to reimpose the sentence that it reduced pursuant to the 2,371
judicial release if the offender violates the sanction. If the 2,372
court reimposes the reduced sentence pursuant to this reserved 2,373
right, it may do so either concurrently with, or consecutive to,
any new sentence imposed upon the eligible offender as a result 2,374
of the violation. The period of the community control sanction 2,375
shall be no longer than five years. The court, in its 2,377
57
discretion, may reduce the period of the community control 2,378
sanction by the amount of time the eligible offender spent in 2,380
jail for the offense and in prison. If the court made any 2,381
findings pursuant to division (H)(1) of this section, the court 2,382
shall serve a copy of the findings upon counsel for the parties 2,383
within fifteen days after the date on which the court grants the 2,384
motion for judicial release.
Prior to being released pursuant to a judicial release 2,386
granted under this section, the eligible offender shall serve any 2,387
extension of sentence that was imposed under section 2967.11 of 2,388
the Revised Code. 2,389
Sec. 2941.1411. (A) IMPOSITION OF A ONE, TWO, THREE, 2,391
FIVE, OR SIX-YEAR MANDATORY PRISON TERM UPON AN OFFENDER UNDER 2,393
DIVISION (D)(5) OF SECTION 2929.14 OF THE REVISED CODE IS 2,394
PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE INDICTMENT, OR 2,395
INFORMATION CHARGING THE OFFENSE SPECIFIES THAT THE OFFENDER WORE 2,396
OR CARRIED BODY ARMOR WHILE COMMITTING THE OFFENSE. THE 2,397
SPECIFICATION SHALL BE STATED AT THE END OF THE BODY OF THE 2,398
INDICTMENT, COUNT, OR INFORMATION AND SHALL BE STATED IN 2,399
SUBSTANTIALLY THE FOLLOWING FORM:
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 2,402
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING 2,403
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 2,404
(SET FORTH THAT THE OFFENDER WORE OR CARRIED BODY ARMOR WHILE 2,405
COMMITTING THE OFFENSE)." 2,406
(B) AS USED IN THIS SECTION, "BODY ARMOR" MEANS ANY VEST, 2,408
HELMET, SHIELD, OR SIMILAR ITEM THAT IS DESIGNED OR SPECIFICALLY 2,410
CARRIED TO DIMINISH THE IMPACT OF A BULLET OR PROJECTILE UPON THE 2,411
OFFENDER'S BODY. 2,412
Section 2. That existing sections 2151.355, 2151.62, 2,414
2929.01, 2929.13, 2929.14, and 2929.20 of the Revised Code are 2,415
hereby repealed. 2,416
Section 3. Section 2929.01 of the Revised Code was amended 2,418
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 2,419
58
Assembly. Comparison of these amendments in pursuance of section 2,420
1.52 of the Revised Code discloses that while certain of the 2,421
amendments of these acts are reconcilable, certain other of the 2,422
amendments are substantively irreconcilable. H.B. 378 was passed 2,423
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 2,424
Section 2929.01 of the Revised Code is therefore presented in 2,425
this act as it results from S.B. 111 and such of the amendments 2,426
of H.B. 378 as are not in conflict with the amendments of S.B. 2,427
111. This is in recognition of the principles stated in division 2,428
(B) of section 1.52 of the Revised Code that amendments are to be 2,429
harmonized where not substantively irreconcilable, and that where 2,430
amendments are substantively irreconcilable, the latest amendment 2,431
is to prevail. This section constitutes a legislative finding 2,432
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 2,433