As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 222 5
1999-2000 6
SENATORS WATTS-JOHNSON-DRAKE-HERINGTON 8
_________________________________________________________________ 10
A B I L L
To amend sections 2151.355, 2151.62, 2929.01, 12
2929.13, and 2929.14 and to enact section 13
2941.1411 of the Revised Code to enhance the 14
penalties for an offender who wears or carries
body armor while committing a felony offense of 15
violence and to make more severe the dispositions 17
available for a child who is adjudicated a
delinquent child for committing an act that would 19
be a felony offense of violence if committed by
an adult while wearing or carrying body armor. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2151.355, 2151.62, 2929.01, 26
2929.13, and 2929.14 be amended and section 2941.1411 of the 27
Revised Code be enacted to read as follows: 28
Sec. 2151.355. (A) If a child is adjudicated a delinquent 37
child, the court may make any of the following orders of 39
disposition:
(1) Any order that is authorized by section 2151.353 of 41
the Revised Code; 42
(2) Place the child on probation under any conditions that 44
the court prescribes. If the child is adjudicated a delinquent 45
child for violating section 2909.05, 2909.06, or 2909.07 of the 47
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 48
make restitution for the property damage caused by the child's 49
violation as a condition of the child's probation. If the child 51
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is adjudicated a delinquent child because the child violated any 52
other section of the Revised Code, the court may require the 53
child as a condition of the child's probation to make restitution 54
for the property damage caused by the child's violation and for 55
the value of the property that was the subject of the violation 56
the child committed if it would be a theft offense, as defined in 57
division (K) of section 2913.01 of the Revised Code, if committed 58
by an adult. The restitution may be in the form of a cash 59
reimbursement paid in a lump sum or in installments, the 60
performance of repair work to restore any damaged property to its 61
original condition, the performance of a reasonable amount of 62
labor for the victim approximately equal to the value of the 63
property damage caused by the child's violation or to the value 64
of the property that is the subject of the violation if it would 65
be a theft offense if committed by an adult, the performance of 66
community service or community work, any other form of 67
restitution devised by the court, or any combination of the 68
previously described forms of restitution.
If the child is adjudicated a delinquent child for 70
violating a law of this state or the United States, or an 71
ordinance or regulation of a political subdivision of this state, 72
that would be a crime if committed by an adult or for violating 74
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 76
probation that the court imposes upon the delinquent child 78
pursuant to division (A)(2) of this section, shall require the 79
child as a condition of the child's probation to abide by the law 80
during the period of probation, including, but not limited to, 81
complying with the provisions of Chapter 2923. of the Revised 82
Code relating to the possession, sale, furnishing, transfer, 83
disposition, purchase, acquisition, carrying, conveying, or use 84
of, or other conduct involving, a firearm or dangerous ordnance, 85
as defined in section 2923.11 of the Revised Code. 86
(3) Commit the child to the temporary custody of any 88
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school, camp, institution, or other facility operated for the 90
care of delinquent children by the county, by a district 91
organized under section 2151.34 or 2151.65 of the Revised Code, 92
or by a private agency or organization, within or without the 93
state, that is authorized and qualified to provide the care, 94
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 96
committing an act that would be a felony of the third, fourth, or 97
fifth degree if committed by an adult or for violating division 99
(A) of section 2923.211 of the Revised Code, commit the child to 100
the legal custody of the department of youth services for 101
institutionalization for an indefinite term consisting of a 102
minimum period of six months and a maximum period not to exceed 103
the child's attainment of twenty-one years of age; 104
(5)(a) If the child is adjudicated a delinquent child for 106
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 107
division (A) of section 2903.04 of the Revised Code or for 108
violating any provision of section 2907.02 of the Revised Code 109
other than division (A)(1)(b) of that section when the sexual 111
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 113
than the delinquent child, was the same age as the delinquent 114
child, or was less than three years younger than the delinquent 115
child, commit the child to the legal custody of the department of 116
youth services for institutionalization in a secure facility for 117
an indefinite term consisting of a minimum period of one to three 118
years, as prescribed by the court, and a maximum period not to 119
exceed the child's attainment of twenty-one years of age; 120
(b) If the child is adjudicated a delinquent child for 123
violating section 2923.02 of the Revised Code and if the 124
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 126
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 127
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consisting of a minimum period of six to seven years, as 128
prescribed by the court, and a maximum period not to exceed the 129
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 131
committing an act that is not described in division (A)(5)(a) or 132
(b) of this section and that would be a felony of the first or 133
second degree if committed by an adult, commit the child to the 134
legal custody of the department of youth services for 135
institutionalization in a secure facility for an indefinite term 136
consisting of a minimum period of one year and a maximum period 137
not to exceed the child's attainment of twenty-one years of age. 138
(6) If the child is adjudicated a delinquent child for 140
committing a violation of section 2903.01 or 2903.02 of the 141
Revised Code, commit the child to the legal custody of the 143
department of youth services for institutionalization in a secure 144
facility until the child's attainment of twenty-one years of age; 145
(7)(a) If the child is adjudicated a delinquent child for 148
committing an act, other than a violation of section 2923.12 of 149
the Revised Code, that would be a felony if committed by an adult 150
and is committed to the legal custody of the department of youth 151
services pursuant to division (A)(4), (5), or (6) of this section 152
and if the court determines that the child, if the child was an 153
adult, would be guilty of a specification of the type set forth 154
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 156
Revised Code in relation to the act for which the child was 157
adjudicated a delinquent child, commit the child to the legal 158
custody of the department of youth services for
institutionalization in a secure facility for the following 159
period of time, subject to division (A)(7)(c)(d) of this section: 160
(i) If the child would be guilty of a specification of the 162
type set forth in section 2941.141 of the Revised Code, a period 163
of one year; 164
(ii) If the child would be guilty of a specification of 166
the type set forth in section 2941.144, 2941.145, or 2941.146 of 167
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the Revised Code, a period of three years. 168
(b) If the child is adjudicated a delinquent child for 170
committing a category one offense or a category two offense and 171
is committed to the legal custody of the department of youth 172
services pursuant to division (A)(5) or (6) of this section and 173
if the court determines that the child, if the child was an 174
adult, would be guilty of a specification of the type set forth 175
in section 2941.142 of the Revised Code in relation to the act 176
for which the child was adjudicated a delinquent child, the court 177
shall commit the child to the legal custody of the department of 179
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 180
subject to division (A)(7)(c)(d) of this section. 181
(c) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 184
COMMITTING AN ACT THAT WOULD BE AN OFFENSE OF VIOLENCE THAT IS A 185
FELONY IF COMMITTED BY AN ADULT AND IS COMMITTED TO THE LEGAL 186
CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO DIVISION 187
(A)(4), (5), OR (6) OF THIS SECTION AND IF THE COURT DETERMINES 189
THAT THE CHILD, IF THE CHILD WAS AN ADULT, WOULD BE GUILTY OF A 190
SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.1411 OF THE 191
REVISED CODE IN RELATION TO THE ACT FOR WHICH THE CHILD WAS 192
ADJUDICATED A DELINQUENT CHILD, THE COURT MAY COMMIT THE CHILD TO
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR 193
INSTITUTIONALIZATION IN A SECURE FACILITY FOR TWO YEARS, SUBJECT 194
TO DIVISION (A)(7)(d) OF THIS SECTION. 195
(d) A COURT THAT IMPOSES A PERIOD OF COMMITMENT UNDER 197
DIVISION (A)(7)(a) OF THIS SECTION IS NOT PRECLUDED FROM IMPOSING 199
AN ADDITIONAL PERIOD OF COMMITMENT UNDER DIVISION (A)(7)(b) OR 200
(c) OF THIS SECTION, A COURT THAT IMPOSES A PERIOD OF COMMITMENT 202
UNDER DIVISION (A)(7)(b) OF THIS SECTION IS NOT PRECLUDED FROM 204
IMPOSING AN ADDITIONAL PERIOD OF COMMITMENT UNDER DIVISION 205
(A)(7)(a) OR (c) OF THIS SECTION, AND A COURT THAT IMPOSES A 207
PERIOD OF COMMITMENT UNDER DIVISION (A)(7)(c) OF THIS SECTION IS 209
NOT PRECLUDED FROM IMPOSING AN ADDITIONAL PERIOD OF COMMITMENT
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UNDER DIVISION (A)(7)(a) OR (b) OF THIS SECTION. The court shall 211
not commit a child to the legal custody of the department of 212
youth services pursuant to division (A)(7)(a) or, (b), OR (c) of 214
this section for a period of time that exceeds three years. The 217
period of commitment imposed pursuant to division (A)(7)(a) or, 218
(b), OR (c) of this section shall be in addition to, and shall be 220
served consecutively with and prior to, a period of commitment 221
ordered pursuant to division (A)(4), (5), or (6) of this section, 222
provided that the total of all the periods of commitment shall 223
not exceed the child's attainment of twenty-one years of age. 224
(8)(a) Impose a fine and costs in accordance with the 227
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 229
of the property damage caused by the child's delinquent act and 230
for all or part of the value of the property that was the subject 231
of any delinquent act the child committed that would be a theft 232
offense, as defined in division (K) of section 2913.01 of the 233
Revised Code, if committed by an adult. If the court determines 234
that the victim of the child's delinquent act was sixty-five 235
years of age or older or permanently and totally disabled at the 236
time of the commission of the act, the court, regardless of 237
whether or not the child knew the age of the victim, shall 238
consider that fact in favor of imposing restitution, but that 239
fact shall not control the decision of the court. The 240
restitution may be in the form of a cash reimbursement paid in a 241
lump sum or in installments, the performance of repair work to 242
restore any damaged property to its original condition, the 243
performance of a reasonable amount of labor for the victim, the 244
performance of community service or community work, any other 245
form of restitution devised by the court, or any combination of 246
the previously described forms of restitution. 247
(9) Subject to division (D) of this section, suspend or 250
revoke the driver's license, probationary driver's license, or 251
temporary instruction permit issued to the child or suspend or 252
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revoke the registration of all motor vehicles registered in the 253
name of the child. A child whose license or permit is so 254
suspended or revoked is ineligible for issuance of a license or 255
permit during the period of suspension or revocation. At the end 256
of the period of suspension or revocation, the child shall not be 257
reissued a license or permit until the child has paid any 258
applicable reinstatement fee and complied with all requirements 259
governing license reinstatement.
(10) If the child is adjudicated a delinquent child for 261
committing an act that, if committed by an adult, would be a 263
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 264
Revised Code, impose a period of electronically monitored house 265
detention in accordance with division (I)(J) of this section that 267
does not exceed the maximum sentence of imprisonment that could 268
be imposed upon an adult who commits the same act; 269
(11) Impose a period of day reporting in which the child 271
is required each day to report to and leave a center or other 272
approved reporting location at specified times in order to 273
participate in work, education or training, treatment, and other 274
approved programs at the center or outside the center; 275
(12) Impose a period of electronically monitored house 277
arrest in accordance with division (I)(J) of this section; 279
(13) Impose a period of community service of up to five 281
hundred hours; 282
(14) Impose a period in an alcohol or drug treatment 284
program with a level of security for the child as determined 285
necessary by the court; 286
(15) Impose a period of intensive supervision, in which 288
the child is required to maintain frequent contact with a person 289
appointed by the court to supervise the child while the child is 290
seeking or maintaining employment and participating in training, 291
education, and treatment programs as the order of disposition; 293
(16) Impose a period of basic supervision, in which the 295
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child is required to maintain contact with a person appointed to 296
supervise the child in accordance with sanctions imposed by the 297
court; 298
(17) Impose a period of drug and alcohol use monitoring; 301
(18) Impose a period in which the court orders the child 303
to observe a curfew that may involve daytime or evening hours; 305
(19) Require the child to obtain a high school diploma, a 308
certificate of high school equivalence, or employment; 309
(20) If the court obtains the assent of the victim of the 312
criminal act committed by the child, require the child to 313
participate in a reconciliation or mediation program that 314
includes a meeting in which the child and the victim may discuss 315
the criminal act, discuss restitution, and consider other 316
sanctions for the criminal act;
(21) Commit the child to the temporary or permanent 318
custody of the court;
(22) Make any further disposition that the court finds 320
proper, except that the child shall not be placed in any state 322
correctional institution, county, multicounty, or municipal jail 323
or workhouse, or other place in which an adult convicted of a 325
crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent child for 328
violating section 2923.32 of the Revised Code, the court, in 329
addition to any order of disposition it makes for the child under 330
division (A) of this section, shall enter an order of criminal 331
forfeiture against the child in accordance with divisions (B)(3), 332
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 333
Revised Code.
(2) If a child is adjudicated a delinquent child for 336
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 337
adjudication orders the commitment of the child, for two or more 338
of those acts, to the legal custody of the department of youth 339
services for institutionalization or institutionalization in a 340
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secure facility pursuant to division (A)(4), (5), or (6) of this 341
section, the court may order that all of the periods of 342
commitment imposed under those divisions for those acts be served 344
consecutively in the legal custody of the department of youth 345
services and, if applicable, be in addition to and commence 346
immediately following the expiration of a period ALL PERIODS of 347
commitment that the court imposes pursuant to division (A)(7)(a), 349
(b), OR (c) of this section. A court shall not commit a 350
delinquent child to the legal custody of the department of youth 351
services under division (B)(2) of this section for a period that 353
exceeds the child's attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 355
committing an act that, if committed by an adult, would be a drug 357
abuse offense, as defined in section 2925.01 of the Revised Code, 358
or for violating division (B) of section 2917.11 of the Revised 359
Code, in addition to imposing in its discretion any other order 360
of disposition authorized by this section, the court shall do 361
both of the following:
(1) Require the child to participate in a drug abuse or 363
alcohol abuse counseling program; 364
(2) Suspend or revoke the temporary instruction permit, 366
probationary driver's license, or driver's license issued to the 368
child for a period of time prescribed by the court or, at the 369
discretion of the court, until the child attends and 370
satisfactorily completes, a drug abuse or alcohol abuse 372
education, intervention, or treatment program specified by the 373
court. During the time the child is attending the program, the 374
court shall retain any temporary instruction permit, probationary 375
driver's license, or driver's license issued to the child, and 376
the court shall return the permit or license when the child 377
satisfactorily completes the program. 378
(D) If a child is adjudicated a delinquent child for 381
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 383
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division (A), (B), or (C) of this section, shall revoke the 385
temporary instruction permit and deny the child the issuance of 386
another temporary instruction permit in accordance with division 387
(F)(1)(b) of section 2923.122 of the Revised Code or shall 388
suspend the probationary driver's license, restricted license, or 389
nonresident operating privilege of the child or deny the child 390
the issuance of a probationary driver's license, restricted 391
license, or temporary instruction permit in accordance with 392
division (F)(1)(a), (c), (d), or (e) of section 2923.122 of the 393
Revised Code. 394
(E)(1) At the dispositional hearing and prior to making 396
any disposition pursuant to division (A) of this section, the 397
court shall determine whether a victim of the delinquent act 398
committed by the child was five years of age or younger at the 399
time the delinquent act was committed, whether a victim of the 400
delinquent act sustained physical harm to the victim's person 401
during the commission of or otherwise as a result of the 402
delinquent act, whether a victim of the delinquent act was 403
sixty-five years of age or older or permanently and totally 404
disabled at the time the delinquent act was committed, and 405
whether the delinquent act would have been an offense of violence 406
if committed by an adult. If the victim was five years of age or 407
younger at the time the delinquent act was committed, sustained 408
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 409
years of age or older or permanently and totally disabled at the 411
time the act was committed, regardless of whether the child knew 412
the age of the victim, and if the act would have been an offense 413
of violence if committed by an adult, the court shall consider 414
those facts in favor of imposing commitment under division 415
(A)(3), (4), (5), or (6) of this section, but those facts shall 416
not control the court's decision.
(2) At the dispositional hearing and prior to making any 418
disposition pursuant to division (A)(4), (5), or (6) of this 419
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section, the court shall determine whether the delinquent child 420
previously has been adjudicated a delinquent child for a 421
violation of a law or ordinance. If the delinquent child 422
previously has been adjudicated a delinquent child for a 423
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 424
this section, shall consider the previous delinquent child 426
adjudication as a conviction of a violation of the law or 427
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 428
(F)(1) When a juvenile court commits a delinquent child to 430
the custody of the department of youth services pursuant to this 431
section, the court shall not designate the specific institution 432
in which the department is to place the child but instead shall 434
specify that the child is to be institutionalized or that the 435
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 436
(2) When a juvenile court commits a delinquent child to 438
the custody of the department of youth services, the court shall 439
provide the department with the child's medical records, a copy 440
of the report of any mental examination of the child ordered by 442
the court, the section or sections of the Revised Code violated 443
by the child and the degree of the violation, the warrant to 444
convey the child to the department, a copy of the court's journal 445
entry ordering the commitment of the child to the legal custody 446
of the department, a copy of the arrest record pertaining to the 447
act for which the child was adjudicated a delinquent child, a 448
copy of any victim impact statement pertaining to the act, and 449
any other information concerning the child that the department 450
reasonably requests. The court also shall complete the form for 451
the standard disposition investigation report that is developed 453
and furnished by the department of youth services pursuant to 454
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 455
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physical custody of a delinquent child who is committed to the 457
legal custody of the department until the court provides to the 458
department the documents specified in division (F)(2) of this 459
section. No officer or employee of the department who refuses to 460
accept physical custody of a delinquent child who is committed to 461
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 462
fails to provide the documents specified in division (F)(2) of 463
this section at the time the court transfers the physical custody 464
of the child to the department. 465
(3) Within twenty working days after the department of 467
youth services receives physical custody of a delinquent child 468
from a juvenile court, the court shall provide the department 469
with a certified copy of the child's birth certificate or the 471
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 472
unsuccessful, the court shall provide the department with 473
documentation of the efforts it made to obtain the information. 474
(4) When a juvenile court commits a delinquent child to 476
the custody of the department of youth services, the court shall 477
give notice to the school attended by the child of the child's 478
commitment by sending to that school a copy of the court's 479
journal entry ordering the commitment. As soon as possible after 480
receipt of the notice described in this division, the school 481
shall provide the department with the child's school transcript. 482
However, the department shall not refuse to accept a child 483
committed to it, and a child committed to it shall not be held in 484
a county or district detention home, because of a school's 485
failure to provide the school transcript that it is required to 486
provide under division (F)(4) of this section. 487
(5) The department of youth services shall provide the 489
court and the school with an updated copy of the child's school 490
transcript and shall provide the court with a summary of the 491
institutional record of the child when it releases the child from 492
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institutional care. The department also shall provide the court 493
with a copy of any portion of the child's institutional record 494
that the court specifically requests within five working days of 495
the request.
(6) When a juvenile court commits a delinquent child to 497
the custody of the department of youth services pursuant to 498
division (A)(4) or (5) of this section, the court shall state in 499
the order of commitment the total number of days that the child 500
has been held, as of the date of the issuance of the order, in 501
detention in connection with the delinquent child complaint upon 502
which the order of commitment is based. The department shall 504
reduce the minimum period of institutionalization or minimum 505
period of institutionalization in a secure facility specified in 506
division (A)(4) or (5) of this section by both the total number 507
of days that the child has been so held in detention as stated by 508
the court in the order of commitment and the total number of any 509
additional days that the child has been held in detention 510
subsequent to the order of commitment but prior to the transfer 511
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 514
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 515
entitled to a recovery under any of the following sections, of 516
the right of the victims to recover, pursuant to section 3109.09 517
of the Revised Code, compensatory damages from the child's 518
parents; of the right of the victims to recover, pursuant to 519
section 3109.10 of the Revised Code, compensatory damages from 520
the child's parents for willful and malicious assaults committed 521
by the child; and of the right of the victims to recover an award 522
of reparations pursuant to sections 2743.51 to 2743.72 of the 523
Revised Code. 524
(2) If a child is adjudicated a delinquent child for 527
committing an act that, if committed by an adult, would be 528
aggravated murder, murder, rape, felonious sexual penetration in
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violation of former section 2907.12 of the Revised Code, 529
involuntary manslaughter, a felony of the first or second degree 531
resulting in the death of or physical harm to a person, 532
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 533
or was substantially equivalent to any of those offenses and if 534
the court in its order of disposition for that act commits the 535
child to the custody of the department of youth services, the 536
court may make a specific finding that the adjudication should be 537
considered a conviction for purposes of a determination in the 538
future, pursuant to Chapter 2929. of the Revised Code, as to 539
whether the child is a repeat violent offender as defined in 540
section 2929.01 of the Revised Code. If the court makes a 541
specific finding as described in this division, it shall include 542
the specific finding in its order of disposition and in the 543
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 545
committing an act that would be a felony or offense of violence 546
if committed by an adult, the court, prior to issuing an order of 548
disposition under this section, shall order the preparation of a 549
victim impact statement by the probation department of the county 550
in which the victim of the act resides, by the court's own 551
probation department, or by a victim assistance program that is 552
operated by the state, a county, a municipal corporation, or 553
another governmental entity. The court shall consider the victim 554
impact statement in determining the order of disposition to issue 555
for the child. 556
(2) Each victim impact statement shall identify the victim 558
of the act for which the child was adjudicated a delinquent 559
child, itemize any economic loss suffered by the victim as a 560
result of the act, identify any physical injury suffered by the 561
victim as a result of the act and the seriousness and permanence 562
of the injury, identify any change in the victim's personal 563
welfare or familial relationships as a result of the act and any 564
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psychological impact experienced by the victim or the victim's 565
family as a result of the act, and contain any other information 566
related to the impact of the act upon the victim that the court 567
requires. 568
(3) A victim impact statement shall be kept confidential 570
and is not a public record, as defined in section 149.43 of the 571
Revised Code. However, the court may furnish copies of the 572
statement to the department of youth services pursuant to 573
division (F)(3) of this section or to both the adjudicated 574
delinquent child or the adjudicated delinquent child's counsel 575
and the prosecuting attorney. The copy of a victim impact 577
statement furnished by the court to the department pursuant to 578
division (F)(3) of this section shall be kept confidential and is 579
not a public record, as defined in section 149.43 of the Revised 580
Code. The copies of a victim impact statement that are made 581
available to the adjudicated delinquent child or the adjudicated 582
delinquent child's counsel and the prosecuting attorney pursuant 584
to division (H)(3) of this section shall be returned to the court 587
by the person to whom they were made available immediately 588
following the imposition of an order of disposition for the child 589
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 591
drug abuse offense" has the same meaning as in section 2925.01 of 592
the Revised Code. 593
(2) Sections 2925.41 to 2925.45 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 that, if 597
committed by an adult, would be a felony drug abuse offense. 598
Subject to division (B) of section 2925.42 and division (E) of 599
section 2925.43 of the Revised Code, a delinquent child of that 600
nature loses any right to the possession of, and forfeits to the 601
state any right, title, and interest that the delinquent child 602
may have in, property as defined in section 2925.41 and further 603
described in section 2925.42 or 2925.43 of the Revised Code. 604
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(3) Sections 2923.44 to 2923.47 of the Revised Code apply 607
to children who are adjudicated or could be adjudicated by a 608
juvenile court to be delinquent children for an act in violation 609
of section 2923.42 of the Revised Code. Subject to division (B) 611
of section 2923.44 and division (E) of section 2923.45 of the 612
Revised Code, a delinquent child of that nature loses any right 613
to the possession of, and forfeits to the state any right, title,
and interest that the delinquent child may have in, property as 614
defined in section 2923.41 of the Revised Code and further 615
described in section 2923.44 or 2923.45 of the Revised Code. 616
(J)(1) As used in this section: 618
(a) "Electronic monitoring device," "certified electronic 620
monitoring device," "electronic monitoring system," and 621
"certified electronic monitoring system" have the same meanings 622
as in section 2929.23 of the Revised Code. 623
(b) "Electronically monitored house detention" means a 625
period of confinement of a child in the child's home or in other 626
premises specified by the court, during which period of 628
confinement all of the following apply: 629
(i) The child wears, otherwise has attached to the child's 631
person, or otherwise is subject to monitoring by a certified 632
electronic monitoring device or is subject to monitoring by a 633
certified electronic monitoring system. 634
(ii) The child is required to remain in the child's home 636
or other premises specified by the court for the specified period 637
of confinement, except for periods of time during which the child 638
is at school or at other premises as authorized by the court. 639
(iii) The child is subject to monitoring by a central 641
system that monitors the certified electronic monitoring device 642
that is attached to the child's person or that otherwise is being 643
used to monitor the child and that can monitor and determine the 645
child's location at any time or at a designated point in time, or 646
the child is required to participate in monitoring by a certified 648
electronic monitoring system. 649
17
(iv) The child is required by the court to report 651
periodically to a person designated by the court. 652
(v) The child is subject to any other restrictions and 654
requirements that may be imposed by the court. 655
(2) A juvenile court, pursuant to division (A)(10) of this 657
section, may impose a period of electronically monitored house 658
detention upon a child who is adjudicated a delinquent child for 659
committing an act that, if committed by an adult, would be a 660
criminal offense that would qualify the adult as an eligible 661
offender pursuant to division (A)(3) of section 2929.23 of the 662
Revised Code. The court may impose a period of electronically 663
monitored house detention in addition to or in lieu of any other 664
dispositional order imposed upon the child, except that any 665
period of electronically monitored house detention shall not 666
extend beyond the child's eighteenth birthday. If a court 667
imposes a period of electronically monitored house detention upon 668
a child, it shall require the child to wear, otherwise have 669
attached to the child's person, or otherwise be subject to 670
monitoring by a certified electronic monitoring device or to 672
participate in the operation of and monitoring by a certified 673
electronic monitoring system; to remain in the child's home or 674
other specified premises for the entire period of electronically 676
monitored house detention except when the court permits the child 677
to leave those premises to go to school or to other specified 678
premises; to be monitored by a central system that monitors the 679
certified electronic monitoring device that is attached to the 680
child's person or that otherwise is being used to monitor the 681
child and that can monitor and determine the child's location at 682
any time or at a designated point in time or to be monitored by 683
the certified electronic monitoring system; to report 684
periodically to a person designated by the court; and, in return 685
for receiving a dispositional order of electronically monitored 686
house detention, to enter into a written contract with the court 687
agreeing to comply with all restrictions and requirements imposed 688
18
by the court, agreeing to pay any fee imposed by the court for 689
the costs of the electronically monitored house detention imposed 690
by the court pursuant to division (E) of section 2929.23 of the 691
Revised Code, and agreeing to waive the right to receive credit 692
for any time served on electronically monitored house detention 693
toward the period of any other dispositional order imposed upon 694
the child for the act for which the dispositional order of 695
electronically monitored house detention was imposed if the child 696
violates any of the restrictions or requirements of the 697
dispositional order of electronically monitored house detention. 698
The court also may impose other reasonable restrictions and 699
requirements upon the child.
(3) If a child violates any of the restrictions or 701
requirements imposed upon the child as part of the child's 702
dispositional order of electronically monitored house detention, 703
the child shall not receive credit for any time served on 704
electronically monitored house detention toward any other 705
dispositional order imposed upon the child for the act for which 706
the dispositional order of electronically monitored house 708
detention was imposed.
(K) Within ten days after completion of the adjudication, 710
the court shall give written notice of an adjudication that a 711
child is a delinquent child to the superintendent of a city, 712
local, exempted village, or joint vocational school district if 713
the basis of the adjudication was the commission of an act that 714
would be a criminal offense if committed by an adult and that was 715
committed by the delinquent child when the child was sixteen 716
years of age or older and if the act is any of the following: 717
(1) A violation of section 2923.122 of the Revised Code 719
that relates to property owned or controlled by, or to an 720
activity held under the auspices of, the board of education of 721
that school district; 722
(2) A violation of section 2923.12 of the Revised Code or 724
of a substantially similar municipal ordinance that was committed 725
19
on property owned or controlled by, or at an activity held under 726
the auspices of, the board of education of that school district; 727
(3) A violation of division (A) of section 2925.03 or 729
2925.11 of the Revised Code that was committed on property owned 730
or controlled by, or at an activity held under the auspices of, 731
the board of education of that school district and that is not a 732
minor drug possession offense as defined in section 2925.01 of 733
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 735
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 737
Code, or a violation of former section 2907.12 of the Revised
Code, that 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, if the victim at the time of the 741
commission of the act was an employee of the board of education 742
of that school district;
(5) Complicity in any violation described in division 744
(K)(1), (2), (3), or (4) of this section that was alleged to have 746
been committed in the manner described in division (K)(1), (2), 747
(3), or (4) of this section, regardless of whether the act of 749
complicity was committed on property owned or controlled by, or 750
at an activity held under the auspices of, the board of education 751
of that school district. 752
(L) During the period of a delinquent child's probation 754
granted under division (A)(2) of this section, authorized 757
probation officers who are engaged within the scope of their 758
supervisory duties or responsibilities may search, with or 759
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 760
another item of tangible or intangible personal property, or 761
other real property in which the delinquent child has a right, 762
title, or interest or for which the delinquent child has the 763
express or implied permission of a person with a right, title, or 764
interest to use, occupy, or possess if the probation officers 765
20
have reasonable grounds to believe that the delinquent child is 766
not abiding by the law or otherwise is not complying with the 767
conditions of the delinquent child's probation. The court that 768
places a delinquent child on probation under division (A)(2) of 769
this section shall provide the delinquent child with a written 770
notice that informs the delinquent child that authorized 771
probation officers who are engaged within the scope of their 772
supervisory duties or responsibilities may conduct those types of 774
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 775
the law or otherwise is not complying with the conditions of the 776
delinquent child's probation. The court also shall provide the 777
written notice described in division (C)(2)(b) of section 778
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 779
(C)(2)(a) of that section. 780
Sec. 2151.62. (A) This section applies only to a child 789
who is or previously has been adjudicated a delinquent child for 790
an act to which any of the following applies: 791
(1) It is a violation of section 2903.01, 2903.02, 793
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 794
2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the Revised 797
Code and involved an attempt to commit aggravated murder or 798
murder;
(3) It would be a felony if committed by an adult, and the 800
court determined that the child, if an adult, would be guilty of 801
a specification found in section 2941.141, 2941.144, or 2941.145 803
of the Revised Code or in another section of the Revised Code 805
that relates to the possession or use of a firearm, as defined in 806
section 2923.11 of the Revised Code, during the commission of the 807
act for which the child was adjudicated a delinquent child; 808
(4) IT WOULD BE AN OFFENSE OF VIOLENCE THAT IS A FELONY IF 810
COMMITTED BY AN ADULT, AND THE COURT DETERMINED THAT THE CHILD, 811
21
IF AN ADULT, WOULD BE GUILTY OF A SPECIFICATION FOUND IN SECTION 812
2941.1411 OF THE REVISED CODE OR IN ANOTHER SECTION OF THE 813
REVISED CODE THAT RELATES TO THE WEARING OR CARRYING OF BODY 814
ARMOR DURING THE COMMISSION OF THE ACT FOR WHICH THE CHILD WAS 815
ADJUDICATED A DELINQUENT CHILD. 816
(B)(1) Except as provided in division (E) of this section, 819
a public children services agency, private child placing agency, 821
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 822
a child in a foster home until it provides the foster caregivers 823
with all of the following: 824
(a) A written report describing the child's social 826
history;
(b) A written report describing all the acts committed by 828
the child the entity knows of that resulted in the child being 831
adjudicated a delinquent child and the disposition made by the 832
court, unless the records pertaining to the acts have been sealed 833
pursuant to section 2151.358 of the Revised Code; 834
(c) A written report describing any other violent act 836
committed by the child of which the entity is aware; 838
(d) The substantial and material conclusions and 840
recommendations of any psychiatric or psychological examination 842
conducted on the child or, if no psychological or psychiatric 843
examination of the child is available, the substantial and 844
material conclusions and recommendations of an examination to 845
detect mental and emotional disorders conducted in compliance 846
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 847
counselor, or professional counselor licensed under that chapter. 848
The entity shall not provide any part of a psychological, 849
psychiatric, or mental and emotional disorder examination to the 850
foster caregivers other than the substantial and material 851
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 854
22
if records of an adjudication that a child is a delinquent child 855
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 856
caregivers a written statement that the records of a prior 857
adjudication have been sealed.
(C) The entity that places the child in a foster home 860
shall conduct a psychological examination of the child, except 861
that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to 862
the child's placement. No later than sixty days after placing 863
the child, the entity shall provide the foster caregiver a 865
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 867
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 869
this section, the expenses of conducting the examinations and 871
preparing the reports and assessment required by division (B) or 872
(C) of this section shall be paid by the entity that places the 873
child in the foster home.
(2) When a juvenile court grants temporary or permanent 875
custody of a child pursuant to any section of the Revised Code, 876
including section 2151.33, 2151.353, 2151.354, or 2151.355 of the 877
Revised Code, to a public children services agency or private
child placing agency, the court shall provide the agency the 879
information described in division (B) of this section, pay the 881
expenses of preparing that information, and, if a new examination 882
is required to be conducted, pay the expenses of conducting the 883
examination described in division (C) of this section. On 884
receipt of the information described in division (B) of this
section, the agency shall provide to the court written 885
acknowledgment that the agency received the information. The 886
court shall keep the acknowledgment and provide a copy to the 887
agency. On the motion of the agency, the court may terminate the 888
order granting temporary or permanent custody of the child to 889
23
that agency, if the court does not provide the information 890
described in division (B) of this section. 891
(3) If one of the following entities is placing a child in 893
a foster home with the assistance of or by contracting with a 894
public children services agency, private child placing agency, or 895
a private noncustodial agency, the entity shall provide the 896
agency with the information described in division (B) of this 897
section, pay the expenses of preparing that information, and, if 898
a new examination is required to be conducted, pay the expenses
of conducting the examination described in division (C) of this 899
section: 900
(a) The department of youth services if the placement is 902
pursuant to any section of the Revised Code including section 903
2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 905
Code;
(b) A juvenile court with temporary or permanent custody 907
of a child pursuant to section 2151.354 or 2151.355 of the 908
Revised Code;
(c) A public children services agency or private child 910
placing agency with temporary or permanent custody of the child. 911
The agency receiving the information described in division 913
(B) of this section shall provide the entity described in 915
division (D)(3)(a) to (c) of this section that sent the 916
information written acknowledgment that the agency received the 918
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 920
An entity that places a child in a foster home with the 921
assistance of or by contracting with an agency remains 922
responsible to provide the information described in division (B) 924
of this section to the foster caregivers unless the entity 925
receives written acknowledgment that the agency provided the 926
information.
(E) If a child is placed in a foster home as a result of 929
an emergency removal of the child from home pursuant to division 930
24
(D) of section 2151.31 of the Revised Code, an emergency change 932
in the child's case plan pursuant to division (E)(3) of section 934
2151.412 of the Revised Code, or an emergency placement by the 935
department of youth services pursuant to this chapter or Chapter 936
5139. of the Revised Code, the entity that places the child in 938
the foster home shall provide the information described in 939
division (B) of this section no later than ninety-six hours after 941
the child is placed in the foster home. 942
(F) On receipt of the information described in divisions 944
(B) and (C) of this section, the foster caregiver shall provide 946
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 947
the information. The entity shall keep the acknowledgment and 949
provide a copy to the foster caregiver. 950
(G) No person employed by an entity subject to this 952
section and made responsible by that entity for the child's 953
placement in a foster home shall fail to provide the foster 955
caregivers with the information required by divisions (B) and (C) 957
of this section.
(H) It is not a violation of any duty of confidentiality 960
provided for in the Revised Code or a code of professional 962
responsibility for a person or government entity to provide the 963
substantial and material conclusions and recommendations of a 964
psychiatric or psychological examination, or an examination to 965
detect mental and emotional disorders, in accordance with 966
division (B)(1)(d) or (C) of this section. 968
(I) AS USED IN THIS SECTION: 970
(1) "BODY ARMOR" HAS THE SAME MEANING AS IN SECTION 972
2941.1411 OF THE REVISED CODE. 973
(2) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 975
OF THE REVISED CODE. 976
Sec. 2929.01. As used in this chapter: 988
(A)(1) "Alternative residential facility" means, subject 990
to division (A)(2) of this section, any facility other than an 991
25
offender's home or residence in which an offender is assigned to 992
live and that satisfies all of the following criteria: 993
(a) It provides programs through which the offender may 995
seek or maintain employment or may receive education, training, 996
treatment, or habilitation. 997
(b) It has received the appropriate license or certificate 999
for any specialized education, training, treatment, habilitation, 1,000
or other service that it provides from the government agency that 1,001
is responsible for licensing or certifying that type of 1,002
education, training, treatment, habilitation, or service. 1,003
(2) "Alternative residential facility" does not include a 1,006
community-based correctional facility, jail, halfway house, or 1,007
prison.
(B) "Bad time" means the time by which the parole board 1,009
administratively extends an offender's stated prison term or 1,010
terms pursuant to section 2967.11 of the Revised Code because the 1,011
parole board finds by clear and convincing evidence that the 1,012
offender, while serving the prison term or terms, committed an 1,013
act that is a criminal offense under the law of this state or the 1,014
United States, whether or not the offender is prosecuted for the 1,016
commission of that act.
(C) "Basic probation supervision" means a requirement that 1,019
the offender maintain contact with a person appointed to 1,021
supervise the offender in accordance with sanctions imposed by 1,022
the court or imposed by the parole board pursuant to section 1,023
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control 1,024
supervision. 1,025
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 1,027
"unit dose" have the same meanings as in section 2925.01 of the 1,028
Revised Code.
(E) "Community-based correctional facility" means a 1,031
community-based correctional facility and program or district 1,032
community-based correctional facility and program developed 1,033
26
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 1,034
(F) "Community control sanction" means a sanction that is 1,037
not a prison term and that is described in section 2929.15, 1,038
2929.16, 2929.17, or 2929.18 of the Revised Code. 1,039
(G) March 10, 1998 "Controlled substance," "marihuana," 1,041
"schedule I," and "schedule II" have the same meanings as in 1,042
section 3719.01 of the Revised Code. 1,043
(H) "Curfew" means a requirement that an offender during a 1,046
specified period of time be at a designated place. 1,047
(I) "Day reporting" means a sanction pursuant to which an 1,050
offender is required each day to report to and leave a center or 1,051
other approved reporting location at specified times in order to 1,052
participate in work, education or training, treatment, and other 1,053
approved programs at the center or outside the center. 1,054
(J) "Deadly weapon" has the same meaning as in section 1,057
2923.11 of the Revised Code. 1,058
(K) "Drug and alcohol use monitoring" means a program 1,061
under which an offender agrees to submit to random chemical 1,062
analysis of the offender's blood, breath, or urine to determine 1,063
whether the offender has ingested any alcohol or other drugs. 1,064
(L) "Drug treatment program" means any program under which 1,067
a person undergoes assessment and treatment designed to reduce or 1,069
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 1,070
which the person may be required to receive assessment and 1,072
treatment on an outpatient basis or may be required to reside at 1,073
a facility other than the person's home or residence while
undergoing assessment and treatment. 1,074
(M) "Economic loss" means any economic detriment suffered 1,077
by a victim as a result of the commission of a felony and 1,078
includes any loss of income due to lost time at work because of 1,080
any injury caused to the victim, and any property loss, medical 1,081
cost, or funeral expense incurred as a result of the commission 1,082
of the felony. 1,083
27
(N) "Education or training" includes study at, or in 1,086
conjunction with a program offered by, a university, college, or 1,087
technical college or vocational study and also includes the 1,088
completion of primary school, secondary school, and literacy 1,089
curricula or their equivalent.
(O) "Electronically monitored house arrest" has the same 1,092
meaning as in section 2929.23 of the Revised Code. 1,093
(P) "Eligible offender" has the same meaning as in section 1,096
2929.23 of the Revised Code except as otherwise specified in 1,097
section 2929.20 of the Revised Code. 1,098
(Q) "Firearm" has the same meaning as in section 2923.11 1,101
of the Revised Code.
(R) "Halfway house" means a facility licensed by the 1,104
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 1,106
Revised Code as a suitable facility for the care and treatment of 1,107
adult offenders.
(S) "House arrest" means a period of confinement of an 1,109
eligible offender that is in the eligible offender's home or in 1,111
other premises specified by the sentencing court or by the parole 1,112
board pursuant to section 2967.28 of the Revised Code, that may 1,113
be electronically monitored house arrest, and during which all of 1,114
the following apply: 1,115
(1) The eligible offender is required to remain in the 1,117
eligible offender's home or other specified premises for the 1,119
specified period of confinement, except for periods of time 1,120
during which the eligible offender is at the eligible offender's 1,121
place of employment or at other premises as authorized by the 1,123
sentencing court or by the parole board.
(2) The eligible offender is required to report 1,126
periodically to a person designated by the court or parole board. 1,127
(3) The eligible offender is subject to any other 1,129
restrictions and requirements that may be imposed by the 1,130
sentencing court or by the parole board. 1,131
28
(T) "Intensive probation supervision" means a requirement 1,134
that an offender maintain frequent contact with a person 1,135
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender 1,136
while the offender is seeking or maintaining necessary employment 1,137
and participating in training, education, and treatment programs 1,138
as required in the court's or parole board's order. "Intensive 1,139
probation supervision" includes intensive parole supervision and 1,140
intensive post-release control supervision. 1,141
(U) "Jail" means a jail, workhouse, minimum security jail, 1,144
or other residential facility used for the confinement of alleged 1,145
or convicted offenders that is operated by a political 1,146
subdivision or a combination of political subdivisions of this 1,147
state.
(V) "Delinquent child" has the same meaning as in section 1,149
2151.02 of the Revised Code. 1,151
(W) "License violation report" means a report that is made 1,154
by a sentencing court, or by the parole board pursuant to section 1,155
2967.28 of the Revised Code, to the regulatory or licensing board 1,157
or agency that issued an offender a professional license or a 1,158
license or permit to do business in this state and that specifies 1,159
that the offender has been convicted of or pleaded guilty to an 1,160
offense that may violate the conditions under which the 1,161
offender's professional license or license or permit to do 1,162
business in this state was granted or an offense for which the 1,163
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 1,164
(X) "Major drug offender" means an offender who is 1,167
convicted of or pleads guilty to the possession of, sale of, or 1,168
offer to sell any drug, compound, mixture, preparation, or 1,169
substance that consists of or contains at least one thousand 1,170
grams of hashish; at least one hundred grams of crack cocaine; at 1,171
least one thousand grams of cocaine that is not crack cocaine; at 1,172
least two thousand five hundred unit doses or two hundred fifty 1,173
29
grams of heroin; at least five thousand unit doses of L.S.D. or 1,175
five hundred grams of L.S.D. in a liquid concentrate, liquid 1,176
extract, or liquid distillate form; or at least one hundred times 1,177
the amount of any other schedule I or II controlled substance 1,179
other than marihuana that is necessary to commit a felony of the 1,180
third degree pursuant to section 2925.03, 2925.04, 2925.05, or 1,181
2925.11 of the Revised Code that is based on the possession of, 1,182
sale of, or offer to sell the controlled substance. 1,183
(Y) "Mandatory prison term" means any of the following: 1,186
(1) Subject to division (Y)(2) of this section, the term 1,189
in prison that must be imposed for the offenses or circumstances 1,190
set forth in divisions (F)(1) to (8) or (F)(11)(12) of section 1,191
2929.13 and division (D) of section 2929.14 of the Revised Code. 1,193
Except as provided in sections 2925.02, 2925.03, 2925.04, 1,194
2925.05, and 2925.11 of the Revised Code, unless the maximum or 1,195
another specific term is required under section 2929.14 of the 1,196
Revised Code, a mandatory prison term described in this division 1,197
may be any prison term authorized for the level of offense. 1,198
(2) The term of sixty or one hundred twenty days in prison 1,200
that a sentencing court is required to impose for a third or 1,201
fourth degree felony OMVI offense pursuant to division (G)(2) of 1,204
section 2929.13 and division (A)(4) or (8) of section 4511.99 of 1,205
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 1,207
of the Revised Code for the offenses and in the circumstances 1,208
described in division (F)(10) (11) of section 2929.13 of the 1,209
Revised Code and that term as modified or terminated pursuant to 1,212
section 2971.05 of the Revised Code. 1,213
(Z) "Monitored time" means a period of time during which 1,216
an offender continues to be under the control of the sentencing 1,217
court or parole board, subject to no conditions other than 1,218
leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is 1,221
convicted of or pleads guilty to a felony or a misdemeanor. 1,222
30
(BB) "Prison" means a residential facility used for the 1,225
confinement of convicted felony offenders that is under the 1,226
control of the department of rehabilitation and correction but 1,227
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 1,228
(CC) "Prison term" includes any of the following sanctions 1,231
for an offender:
(1) A stated prison term; 1,233
(2) A term in a prison shortened by, or with the approval 1,236
of, the sentencing court pursuant to section 2929.20, 2967.26, 1,237
5120.031, 5120.032, or 5120.073 of the Revised Code; 1,238
(3) A term in prison extended by bad time imposed pursuant 1,241
to section 2967.11 of the Revised Code or imposed for a violation 1,242
of post-release control pursuant to section 2967.28 of the 1,243
Revised Code.
(DD) "Repeat violent offender" means a person about whom 1,246
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 1,249
to, and is being sentenced for committing, for complicity in 1,250
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 1,251
other than one set forth in Chapter 2925. of the Revised Code, a 1,253
felony of the first degree set forth in Chapter 2925. of the 1,254
Revised Code that involved an attempt to cause serious physical 1,255
harm to a person or that resulted in serious physical harm to a 1,256
person, or a felony of the second degree that involved an attempt 1,257
to cause serious physical harm to a person or that resulted in 1,259
serious physical harm to a person.
(2) Either of the following applies: 1,261
(a) The person previously was convicted of or pleaded 1,263
guilty to, and served a prison term for, any of the following: 1,264
(i) Aggravated murder, murder, involuntary manslaughter, 1,266
rape, felonious sexual penetration as it existed under section 1,268
2907.12 of the Revised Code prior to September 3, 1996, a felony 1,269
31
of the first or second degree that resulted in the death of a 1,270
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses; 1,271
(ii) An offense under an existing or former law of this 1,274
state, another state, or the United States that is or was 1,275
substantially equivalent to an offense listed under division 1,276
(DD)(2)(a)(i) of this section and that resulted in the death of a 1,277
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent 1,279
child for committing an act that if committed by an adult would 1,280
have been an offense listed in division (DD)(2)(a)(i) or (ii) of 1,282
this section, the person was committed to the department of youth 1,283
services for that delinquent act, and the juvenile court in which 1,284
the person was adjudicated a delinquent child made a specific 1,285
finding that the adjudication should be considered a conviction 1,287
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 1,288
(EE) "Sanction" means any penalty imposed upon an offender 1,291
who is convicted of or pleads guilty to an offense, as punishment 1,292
for the offense. "Sanction" includes any sanction imposed 1,293
pursuant to any provision of sections 2929.14 to 2929.18 of the 1,294
Revised Code.
(FF) "Sentence" means the sanction or combination of 1,297
sanctions imposed by the sentencing court on an offender who is 1,298
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the prison term, mandatory 1,301
prison term, or combination of all prison terms and mandatory 1,302
prison terms imposed by the sentencing court pursuant to section 1,303
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 1,304
includes any credit received by the offender for time spent in 1,305
jail awaiting trial, sentencing, or transfer to prison for the 1,306
offense and any time spent under house arrest or electronically 1,307
monitored house arrest imposed after earning credits pursuant to 1,308
section 2967.193 of the Revised Code. 1,309
32
(HH) "Victim-offender mediation" means a reconciliation or 1,312
mediation program that involves an offender and the victim of the 1,313
offense committed by the offender and that includes a meeting in 1,314
which the offender and the victim may discuss the offense, 1,315
discuss restitution, and consider other sanctions for the 1,316
offense.
(II) "Fourth degree felony OMVI offense" means a violation 1,319
of division (A) of section 4511.19 of the Revised Code that, 1,321
under section 4511.99 of the Revised Code, is a felony of the 1,323
fourth degree.
(JJ) "Mandatory term of local incarceration" means the 1,326
term of sixty or one hundred twenty days in a jail, a
community-based correctional facility, a halfway house, or an 1,327
alternative residential facility that a sentencing court may 1,328
impose upon a person who is convicted of or pleads guilty to a 1,329
fourth degree felony OMVI offense pursuant to division (G)(1) of 1,330
section 2929.13 of the Revised Code and division (A)(4) or (8) of 1,331
section 4511.99 of the Revised Code. 1,333
(KK) "Designated homicide, assault, or kidnapping 1,335
offense," "sexual motivation specification," "sexually violent 1,336
offense," "sexually violent predator," and "sexually violent 1,337
predator specification" have the same meanings as in section 1,338
2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented offense," 1,341
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 1,342
(NN)(MM) An offense is "committed in the vicinity of a 1,344
child" if the offender commits the offense within thirty feet of 1,345
or within the same residential unit as a child who is under 1,347
eighteen years of age, regardless of whether the offender knows
the age of the child or whether the offender knows the offense is 1,348
being committed within thirty feet of or within the same 1,349
residential unit as the child and regardless of whether the child 1,350
actually views the commission of the offense. 1,351
33
(OO)(NN) "Family or household member" has the same meaning 1,353
as in section 2919.25 of the Revised Code. 1,354
(MM)(OO) "Motor vehicle" and "manufactured home" have the 1,356
same meanings as in section 4501.01 of the Revised Code. 1,357
(NN)(PP) "Detention" and "detention facility" have the 1,359
same meanings as in section 2921.01 of the Revised Code. 1,360
(NN)(QQ) "Third degree felony OMVI offense" means a 1,362
violation of division (A) of section 4511.19 of the Revised Code 1,363
that, under section 4511.99 of the Revised Code, is a felony of 1,364
the third degree.
(RR) "BODY ARMOR" HAS THE SAME MEANING AS IN SECTION 1,366
2941.1411 OF THE REVISED CODE. 1,367
Sec. 2929.13. (A) Except as provided in division (E), 1,379
(F), or (G) of this section and unless a specific sanction is 1,380
required to be imposed or is precluded from being imposed 1,381
pursuant to law, a court that imposes a sentence upon an offender 1,382
for a felony may impose any sanction or combination of sanctions 1,383
on the offender that are provided in sections 2929.14 to 2929.18 1,384
of the Revised Code. The sentence shall not impose an 1,385
unnecessary burden on state or local government resources. 1,386
If the offender is eligible to be sentenced to community 1,388
control sanctions, the court shall consider the appropriateness 1,390
of imposing a financial sanction pursuant to section 2929.18 of 1,391
the Revised Code or a sanction of community service pursuant to 1,393
section 2929.17 of the Revised Code as the sole sanction for the 1,394
offense. Except as otherwise provided in this division, if the 1,395
court is required to impose a mandatory prison term for the 1,396
offense for which sentence is being imposed, the court also may 1,397
impose a financial sanction pursuant to section 2929.18 of the 1,398
Revised Code but may not impose any additional sanction or 1,399
combination of sanctions under section 2929.16 or 2929.17 of the 1,400
Revised Code. 1,401
If the offender is being sentenced for a fourth degree 1,403
felony OMVI offense or for a third degree felony OMVI OMVI 1,404
34
offense, in addition to the mandatory term of local incarceration 1,407
or the mandatory prison term required for the offense by division 1,409
(G)(1) or (2) of this section, the court shall impose upon the 1,410
offender a mandatory fine in accordance with division (B)(3) of 1,411
section 2929.18 of the Revised Code and may impose whichever of 1,413
the following is applicable:
(1) For a fourth degree felony OMVI offense for which 1,415
sentence is imposed under division (G)(1) of this section, an 1,416
additional community control sanction or combination of community 1,418
control sanctions under section 2929.16 or 2929.17 of the Revised 1,419
Code;
(2) For a third or fourth degree felony OMVI offense for 1,421
which sentence is imposed under division (G)(2) of this section, 1,422
an additional prison term as described in division (D)(4) of 1,424
section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 1,427
(G) of this section, in sentencing an offender for a felony of 1,428
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 1,430
(a) In committing the offense, the offender caused 1,432
physical harm to a person. 1,433
(b) In committing the offense, the offender attempted to 1,436
cause or made an actual threat of physical harm to a person with 1,437
a deadly weapon.
(c) In committing the offense, the offender attempted to 1,440
cause or made an actual threat of physical harm to a person, and 1,441
the offender previously was convicted of an offense that caused 1,442
physical harm to a person.
(d) The offender held a public office or position of trust 1,445
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 1,446
or to bring those committing it to justice; or the offender's 1,447
professional reputation or position facilitated the offense or 1,448
was likely to influence the future conduct of others. 1,449
35
(e) The offender committed the offense for hire or as part 1,451
of an organized criminal activity. 1,452
(f) The offense is a sex offense that is a fourth or fifth 1,455
degree felony violation of section 2907.03, 2907.04, 2907.05, 1,456
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 1,457
Revised Code.
(g) The offender previously served a prison term. 1,459
(h) The offender committed the offense while under a 1,461
community control sanction, while on probation, or while released 1,462
from custody on a bond or personal recognizance. 1,463
(i) The offender committed the offense while in possession 1,465
of a firearm.
(2)(a) If the court makes a finding described in division 1,468
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this 1,469
section and if the court, after considering the factors set forth 1,470
in section 2929.12 of the Revised Code, finds that a prison term 1,471
is consistent with the purposes and principles of sentencing set 1,472
forth in section 2929.11 of the Revised Code and finds that the 1,474
offender is not amenable to an available community control 1,475
sanction, the court shall impose a prison term upon the offender. 1,476
(b) Except as provided in division (E), (F), or (G) of 1,478
this section, if the court does not make a finding described in 1,480
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of 1,481
this section and if the court, after considering the factors set 1,482
forth in section 2929.12 of the Revised Code, finds that a 1,484
community control sanction or combination of community control 1,485
sanctions is consistent with the purposes and principles of 1,486
sentencing set forth in section 2929.11 of the Revised Code, the 1,489
court shall impose a community control sanction or combination of 1,490
community control sanctions upon the offender. 1,491
(C) Except as provided in division (E), (F), or (G) of 1,493
this section, in determining whether to impose a prison term as a 1,495
sanction for a felony of the third degree or a felony drug 1,496
offense that is a violation of a provision of Chapter 2925. of 1,498
36
the Revised Code and that is specified as being subject to this 1,501
division for purposes of sentencing, the sentencing court shall 1,502
comply with the purposes and principles of sentencing under 1,503
section 2929.11 of the Revised Code and with section 2929.12 of 1,506
the Revised Code.
(D) Except as provided in division (E) or (F) of this 1,509
section, for a felony of the first or second degree and for a 1,510
felony drug offense that is a violation of any provision of 1,511
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1,512
presumption in favor of a prison term is specified as being 1,513
applicable, it is presumed that a prison term is necessary in 1,514
order to comply with the purposes and principles of sentencing 1,515
under section 2929.11 of the Revised Code. Notwithstanding the 1,516
presumption established under this division, the sentencing court 1,517
may impose a community control sanction or a combination of 1,518
community control sanctions instead of a prison term on an 1,519
offender for a felony of the first or second degree or for a 1,520
felony drug offense that is a violation of any provision of 1,521
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 1,522
applicable if it makes both of the following findings: 1,524
(1) A community control sanction or a combination of 1,526
community control sanctions would adequately punish the offender 1,528
and protect the public from future crime, because the applicable 1,529
factors under section 2929.12 of the Revised Code indicating a 1,531
lesser likelihood of recidivism outweigh the applicable factors 1,533
under that section indicating a greater likelihood of recidivism. 1,535
(2) A community control sanction or a combination of 1,537
community control sanctions would not demean the seriousness of 1,539
the offense, because one or more factors under section 2929.12 of 1,540
the Revised Code that indicate that the offender's conduct was 1,541
less serious than conduct normally constituting the offense are 1,542
applicable, and they outweigh the applicable factors under that 1,543
section that indicate that the offender's conduct was more 1,544
37
serious than conduct normally constituting the offense. 1,545
(E)(1) Except as provided in division (F) of this section, 1,548
for any drug offense that is a violation of any provision of 1,549
Chapter 2925. of the Revised Code and that is a felony of the 1,550
third, fourth, or fifth degree, the applicability of a 1,551
presumption under division (D) of this section in favor of a 1,552
prison term or of division (B) or (C) of this section in 1,553
determining whether to impose a prison term for the offense shall 1,555
be determined as specified in section 2925.02, 2925.03, 2925.04, 1,556
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 1,557
2925.36, or 2925.37 of the Revised Code, whichever is applicable 1,560
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 1,562
to a felony violates the conditions of a community control 1,564
sanction imposed for the offense solely by reason of producing 1,565
positive results on a drug test, the court, as punishment for the 1,566
violation of the sanction, shall not order that the offender be 1,567
imprisoned unless the court determines on the record either of 1,568
the following:
(a) The offender had been ordered as a sanction for the 1,570
felony to participate in a drug treatment program, in a drug 1,571
education program, or in narcotics anonymous or a similar 1,573
program, and the offender continued to use illegal drugs after a
reasonable period of participation in the program. 1,574
(b) The imprisonment of the offender for the violation is 1,576
consistent with the purposes and principles of sentencing set 1,577
forth in section 2929.11 of the Revised Code. 1,578
(F) Notwithstanding divisions (A) to (E) of this section, 1,581
the court shall impose a prison term or terms under sections 1,582
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 1,583
Revised Code and except as specifically provided in section 1,584
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised 1,585
Code shall not reduce the terms pursuant to section 2929.20, 1,586
38
section 2967.193, or any other provision of Chapter 2967. or 1,588
Chapter 5120. of the Revised Code for any of the following 1,589
offenses: 1,590
(1) Aggravated murder when death is not imposed or murder; 1,592
(2) Any rape, regardless of whether force was involved and 1,594
regardless of the age of the victim, or an attempt to commit rape 1,595
by force when the victim is under thirteen years of age; 1,596
(3) Gross sexual imposition or sexual battery, if the 1,598
victim is under thirteen years of age, if the offender previously 1,600
was convicted of or pleaded guilty to rape, the former offense of 1,601
felonious sexual penetration, gross sexual imposition, or sexual 1,602
battery, and if the victim of the previous offense was under 1,603
thirteen years of age;
(4) A felony violation of section 2903.04, 2903.06, 1,605
2903.08, 2903.11, 2903.12, or 2903.13 of the Revised Code if the 1,607
section requires the imposition of a prison term; 1,608
(5) A first, second, or third degree felony drug offense 1,611
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 1,612
4729.99 of the Revised Code, whichever is applicable regarding 1,614
the violation, requires the imposition of a mandatory prison 1,615
term;
(6) Any offense that is a first or second degree felony 1,617
and that is not set forth in division (F)(1), (2), (3), or (4) of 1,619
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 1,621
degree felony, or an offense under an existing or former law of 1,622
this state, another state, or the United States that is or was 1,623
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and that is 1,625
listed in division (DD)(1) of section 2929.01 of the Revised Code 1,626
if the offender previously was convicted of or pleaded guilty to 1,627
any offense that is listed in division (DD)(2)(a)(i) or (ii) of 1,628
section 2929.01 of the Revised Code;
39
(8) Any offense, other than a violation of section 2923.12 1,630
of the Revised Code, that is a felony, if the offender had a 1,631
firearm on or about the offender's person or under the offender's 1,632
control while committing the felony, with respect to a portion of 1,633
the sentence imposed pursuant to division (D)(1)(a) of section 1,635
2929.14 of the Revised Code for having the firearm;
(9) ANY OFFENSE OF VIOLENCE THAT IS A FELONY, IF THE 1,637
OFFENDER WORE OR CARRIED BODY ARMOR WHILE COMMITTING THE FELONY 1,638
OFFENSE OF VIOLENCE, WITH RESPECT TO THE PORTION OF THE SENTENCE 1,639
IMPOSED PURSUANT TO DIVISION (D)(1)(d) OF SECTION 2929.14 OF THE 1,640
REVISED CODE FOR WEARING OR CARRYING THE BODY ARMOR; 1,641
(10) Corrupt activity in violation of section 2923.32 of 1,643
the Revised Code when the most serious offense in the pattern of 1,645
corrupt activity that is the basis of the offense is a felony of 1,646
the first degree;
(10)(11) Any sexually violent offense for which the 1,648
offender also is convicted of or pleads guilty to a sexually 1,650
violent predator specification that was included in the 1,651
indictment, count in the indictment, or information charging the 1,652
sexually violent offense;
(11)(12) A violation of division (A)(1) or (2) of section 1,654
2921.36 of the Revised Code, or a violation of division (C) of 1,656
that section involving an item listed in division (A)(1) or (2) 1,657
of that section, if the offender is an officer or employee of the 1,658
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 1,661
if an offender is being sentenced for a fourth degree felony OMVI 1,662
offense or for a third degree felony OMVI offense, the court 1,663
shall impose upon the offender a mandatory term of local 1,664
incarceration or a mandatory prison term in accordance with the
following: 1,665
(1) If the offender is being sentenced for a fourth degree 1,667
felony OMVI offense, the court may impose upon the offender a 1,668
mandatory term of local incarceration of sixty days as specified 1,670
40
in division (A)(4) of section 4511.99 of the Revised Code or a 1,671
mandatory term of local incarceration of one hundred twenty days 1,672
as specified in division (A)(8) of that section. The court shall 1,673
not reduce the term pursuant to section 2929.20, 2967.193, or any 1,674
other provision of the Revised Code. The court that imposes a 1,675
mandatory term of local incarceration under this division shall 1,676
specify whether the term is to be served in a jail, a 1,677
community-based correctional facility, a halfway house, or an 1,678
alternative residential facility, and the offender shall serve 1,679
the term in the type of facility specified by the court. A 1,680
mandatory term of local incarceration imposed under division 1,681
(G)(1) of this section is not subject to extension under section 1,682
2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other 1,683
Revised Code provision that pertains to a prison term. 1,684
(2) If the offender is being sentenced for a third degree 1,687
felony OMVI offense, or if the offender is being sentenced for a 1,688
fourth degree felony OMVI offense and the court does not impose a 1,689
mandatory term of local incarceration under division (G)(1) of 1,690
this section, the court shall impose upon the offender a 1,691
mandatory prison term of sixty days as specified in division
(A)(4) of section 4511.99 of the Revised Code or a mandatory 1,693
prison term of one hundred twenty days as specified in division
(A)(8) of that section. The court shall not reduce the term 1,694
pursuant to section 2929.20, 2967.193, or any other provision of 1,695
the Revised Code. In no case shall an offender who once has been 1,696
sentenced to a mandatory term of local incarceration pursuant to 1,697
division (G)(1) of this section for a fourth degree felony OMVI 1,698
offense be sentenced to another mandatory term of local 1,699
incarceration under that division for any violation of division
(A) of section 4511.19 of the Revised Code. The court shall not 1,700
sentence the offender to a community control sanction under 1,702
section 2929.16 or 2929.17 of the Revised Code. The department 1,703
of rehabilitation and correction may place an offender sentenced 1,704
41
to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the 1,705
Revised Code if the department gave the sentencing judge prior 1,706
notice of its intent to place the offender in an intensive 1,707
program prison established under that section and if the judge 1,708
did not notify the department that the judge disapproved the 1,709
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 1,710
that is privately operated and managed by a contractor pursuant 1,711
to a contract entered into under section 9.06 of the Revised 1,712
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 1,714
make a reasonable effort to ensure that a sufficient number of 1,715
offenders sentenced to a mandatory prison term under this 1,716
division are placed in the privately operated and managed prison 1,717
so that the privately operated and managed prison has full 1,718
occupancy.
(b) Unless the privately operated and managed prison has 1,720
full occupancy, the department of rehabilitation and correction 1,721
shall not place any offender sentenced to a mandatory prison term 1,722
under this division in any intensive program prison established 1,723
pursuant to section 5120.033 of the Revised Code other than the 1,725
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 1,728
oriented offense committed on or after January 1, 1997, the judge 1,729
shall require the offender to submit to a DNA specimen collection 1,731
procedure pursuant to section 2901.07 of the Revised Code if 1,733
either of the following applies:
(1) The offense was a sexually violent offense, and the 1,735
offender also was convicted of or pleaded guilty to a sexually 1,736
violent predator specification that was included in the 1,737
indictment, count in the indictment, or information charging the 1,738
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 1,740
42
offense determines pursuant to division (B) of section 2950.09 of 1,741
the Revised Code that the offender is a sexual predator. 1,742
(I) If an offender is being sentenced for a sexually 1,745
oriented offense committed on or after January 1, 1997, the judge 1,746
shall include in the sentence a summary of the offender's duty to 1,748
register pursuant to section 2950.04 of the Revised Code, the 1,749
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 1,750
section 2950.05 of the Revised Code, the offender's duty to 1,751
periodically verify the offender's current residence address 1,752
pursuant to section 2950.06 of the Revised Code, and the duration 1,753
of the duties. The judge shall inform the offender, at the time 1,754
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 1,756
Code, shall perform the duties specified in that section. 1,757
(J)(1) Except as provided in division (J)(2) of this 1,761
section, when considering sentencing factors under this section 1,762
in relation to an offender who is convicted of or pleads guilty 1,763
to an attempt to commit an offense in violation of section 1,764
2923.02 of the Revised Code, the sentencing court shall consider 1,765
the factors applicable to the felony category of the violation of 1,766
section 2923.02 of the Revised Code instead of the factors 1,767
applicable to the felony category of the offense attempted. 1,769
(2) When considering sentencing factors under this section 1,772
in relation to an offender who is convicted of or pleads guilty 1,773
to an attempt to commit a drug abuse offense for which the 1,774
penalty is determined by the amount or number of unit doses of 1,775
the controlled substance involved in the drug abuse offense, the 1,776
sentencing court shall consider the factors applicable to the 1,777
felony category that the drug abuse offense attempted would be if 1,778
that drug abuse offense had been committed and had involved an 1,779
amount or number of unit doses of the controlled substance that 1,780
is within the next lower range of controlled substance amounts
than was involved in the attempt. 1,781
43
(K) As used in this section, "drug abuse offense" has the 1,783
same meaning as in section 2925.01 of the Revised Code. 1,784
Sec. 2929.14. (A) Except as provided in division (C), 1,794
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except 1,795
in relation to an offense for which a sentence of death or life 1,796
imprisonment is to be imposed, if the court imposing a sentence 1,797
upon an offender for a felony elects or is required to impose a 1,798
prison term on the offender pursuant to this chapter and is not 1,799
prohibited by division (G)(1) of section 2929.13 of the Revised 1,800
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 1,802
(1) For a felony of the first degree, the prison term 1,804
shall be three, four, five, six, seven, eight, nine, or ten 1,805
years. 1,806
(2) For a felony of the second degree, the prison term 1,808
shall be two, three, four, five, six, seven, or eight years. 1,809
(3) For a felony of the third degree, the prison term 1,811
shall be one, two, three, four, or five years. 1,812
(4) For a felony of the fourth degree, the prison term 1,814
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 1,815
fourteen, fifteen, sixteen, seventeen, or eighteen months. 1,816
(5) For a felony of the fifth degree, the prison term 1,818
shall be six, seven, eight, nine, ten, eleven, or twelve months. 1,820
(B) Except as provided in division (C), (D)(1), (D)(2), 1,823
(D)(3), or (G) of this section, in section 2907.02 of the Revised 1,824
Code, or in Chapter 2925. of the Revised Code, if the court 1,825
imposing a sentence upon an offender for a felony elects or is 1,826
required to impose a prison term on the offender and if the 1,827
offender previously has not served a prison term, the court shall 1,828
impose the shortest prison term authorized for the offense 1,829
pursuant to division (A) of this section, unless the court finds 1,831
on the record that the shortest prison term will demean the 1,832
seriousness of the offender's conduct or will not adequately 1,833
protect the public from future crime by the offender or others. 1,834
44
(C) Except as provided in division (G) of this section or 1,836
in Chapter 2925. of the Revised Code, the court imposing a 1,837
sentence upon an offender for a felony may impose the longest 1,838
prison term authorized for the offense pursuant to division (A) 1,839
of this section only upon offenders who committed the worst forms 1,840
of the offense, upon offenders who pose the greatest likelihood 1,841
of committing future crimes, upon certain major drug offenders 1,842
under division (D)(3) of this section, and upon certain repeat 1,843
violent offenders in accordance with division (D)(2) of this 1,845
section.
(D)(1)(a) Except as provided in division (D)(1)(d)(e) of 1,848
this section, if an offender who is convicted of or pleads guilty 1,849
to a felony also is convicted of or pleads guilty to a 1,850
specification of the type described in section 2941.141, 1,851
2941.144, or 2941.145 of the Revised Code, the court shall impose 1,853
on the offender one of the following prison terms: 1,854
(i) A prison term of six years if the specification is of 1,856
the type described in section 2941.144 of the Revised Code that 1,858
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer 1,859
on or about the offender's person or under the offender's control 1,861
while committing the felony;
(ii) A prison term of three years if the specification is 1,864
of the type described in section 2941.145 of the Revised Code 1,866
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while 1,867
committing the offense and displaying the firearm, brandishing 1,869
the firearm, indicating that the offender possessed the firearm, 1,870
or using it to facilitate the offense; 1,871
(iii) A prison term of one year if the specification is of 1,874
the type described in section 2941.141 of the Revised Code that 1,876
charges the offender with having a firearm on or about the
offender's person or under the offender's control while 1,877
committing the felony.
45
(b) If a court imposes a prison term on an offender under 1,882
division (D)(1)(a) of this section, the prison term shall not be 1,883
reduced pursuant to section 2929.20, section 2967.193, or any 1,885
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,886
Code. A court shall not impose more than one prison term on an 1,888
offender under division (D)(1)(a) of this section for felonies 1,889
committed as part of the same act or transaction. 1,891
(c) Except as provided in division (D)(1)(d)(e) of this 1,895
section, if an offender who is convicted of or pleads guilty to a 1,896
violation of section 2923.161 of the Revised Code or to a felony 1,898
that includes, as an essential element, purposely or knowingly 1,899
causing or attempting to cause the death of or physical harm to 1,900
another, also is convicted of or pleads guilty to a specification 1,901
of the type described in section 2941.146 of the Revised Code 1,904
that charges the offender with committing the offense by 1,905
discharging a firearm from a motor vehicle other than a 1,906
manufactured home, the court, after imposing a prison term on the 1,908
offender for the violation of section 2923.161 of the Revised 1,909
Code or for the other felony offense under division (A), (D)(2), 1,911
or (D)(3) of this section, shall impose an additional prison term 1,912
of five years upon the offender that shall not be reduced 1,913
pursuant to section 2929.20, section 2967.193, or any other 1,914
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A court shall not impose more than one additional prison term on 1,916
an offender under division (D)(1)(c) of this section for felonies 1,917
committed as part of the same act or transaction. If a court 1,919
imposes an additional prison term on an offender under division 1,920
(D)(1)(c) of this section relative to an offense, the court also 1,921
shall impose a prison term under division (D)(1)(a) of this 1,923
section relative to the same offense, provided the criteria 1,924
specified in that division for imposing an additional prison term 1,925
are satisfied relative to the offender and the offense. 1,926
(d) IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 1,929
AN OFFENSE OF VIOLENCE THAT IS A FELONY ALSO IS CONVICTED OF OR 1,930
46
PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 1,931
2941.1411 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH 1,932
WEARING OR CARRYING BODY ARMOR WHILE COMMITTING THE FELONY 1,933
OFFENSE OF VIOLENCE, THE COURT SHALL IMPOSE ON THE OFFENDER A 1,934
PRISON TERM OF TWO YEARS. THE PRISON TERM SO IMPOSED SHALL NOT 1,935
BE REDUCED PURSUANT TO SECTION 2929.20, SECTION 2967.193, OR ANY 1,936
OTHER PROVISION OF CHAPTER 2967. OR CHAPTER 5120. OF THE REVISED 1,937
CODE. A COURT SHALL NOT IMPOSE MORE THAN ONE PRISON TERM ON AN 1,938
OFFENDER UNDER DIVISION (D)(1)(d) OF THIS SECTION FOR FELONIES 1,939
COMMITTED AS PART OF THE SAME ACT OR TRANSACTION. IF A COURT 1,941
IMPOSES AN ADDITIONAL PRISON TERM UNDER DIVISION (D)(1)(a) OR (c) 1,942
OF THIS SECTION, THE COURT IS NOT PRECLUDED FROM IMPOSING AN 1,944
ADDITIONAL PRISON TERM UNDER DIVISION (D)(1)(d) OF THIS SECTION. 1,945
(e) The court shall not impose any of the prison terms 1,948
described in division (D)(1)(a) of this section or any of the 1,950
additional prison terms described in division (D)(1)(c) of this 1,951
section upon an offender for a violation of section 2923.12 or 1,954
2923.123 of the Revised Code. The court shall not impose any of 1,955
the prison terms described in division (D)(1)(a) of this section 1,957
or any of the additional prison terms described in division 1,958
(D)(1)(c) of this section upon an offender for a violation of 1,959
section 2923.13 of the Revised Code unless all of the following 1,960
apply:
(i) The offender previously has been convicted of 1,963
aggravated murder, murder, or any felony of the first or second 1,964
degree.
(ii) Less than five years have passed since the offender 1,967
was released from prison or post-release control, whichever is 1,968
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 1,971
to a felony also is convicted of or pleads guilty to a 1,972
specification of the type described in section 2941.149 of the 1,973
Revised Code that the offender is a repeat violent offender, the 1,976
court shall impose a prison term from the range of terms 1,977
47
authorized for the offense under division (A) of this section 1,978
that may be the longest term in the range and that shall not be 1,979
reduced pursuant to section 2929.20, section 2967.193, or any 1,981
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,982
Code. If the court finds that the repeat violent offender, in 1,984
committing the offense, caused any physical harm that carried a 1,985
substantial risk of death to a person or that involved 1,986
substantial permanent incapacity or substantial permanent 1,987
disfigurement of a person, the court shall impose the longest 1,988
prison term from the range of terms authorized for the offense 1,990
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 1,993
violent offender imposes the longest prison term from the range 1,994
of terms authorized for the offense under division (A) of this 1,995
section, the court may impose on the offender an additional 1,996
definite prison term of one, two, three, four, five, six, seven, 1,997
eight, nine, or ten years if the court finds that both of the 1,998
following apply with respect to the prison terms imposed on the 1,999
offender pursuant to division (D)(2)(a) of this section and, if 2,000
applicable, divisions (D)(1) and (3) of this section: 2,001
(i) The terms so imposed are inadequate to punish the 2,004
offender and protect the public from future crime, because the 2,005
applicable factors under section 2929.12 of the Revised Code 2,008
indicating a greater likelihood of recidivism outweigh the 2,010
applicable factors under that section indicating a lesser
likelihood of recidivism. 2,011
(ii) The terms so imposed are demeaning to the seriousness 2,014
of the offense, because one or more of the factors under section 2,015
2929.12 of the Revised Code indicating that the offender's 2,016
conduct is more serious than conduct normally constituting the 2,017
offense are present, and they outweigh the applicable factors 2,018
under that section indicating that the offender's conduct is less 2,020
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 2,023
48
section 2903.01 or 2907.02 of the Revised Code and the penalty 2,024
imposed for the violation is life imprisonment or commits a 2,025
violation of section 2903.02 of the Revised Code, if the offender 2,026
commits a violation of section 2925.03 or 2925.11 of the Revised 2,028
Code and that section classifies the offender as a major drug
offender and requires the imposition of a ten-year prison term on 2,030
the offender, if the offender commits a felony violation of 2,031
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 2,032
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of 2,033
section 3719.172, division (C) of section 4729.51, or division 2,034
(J) of section 4729.54 of the Revised Code that includes the 2,035
sale, offer to sell, or possession of a schedule I or II 2,037
controlled substance, with the exception of marihuana, and the 2,038
court imposing sentence upon the offender finds that the offender 2,040
is guilty of a specification of the type described in section 2,041
2941.1410 of the Revised Code charging that the offender is a 2,042
major drug offender, or if the court imposing sentence upon an 2,043
offender for a felony finds that the offender is guilty of 2,045
corrupt activity with the most serious offense in the pattern of 2,046
corrupt activity being a felony of the first degree or is guilty
of an attempted forcible violation of section 2907.02 of the 2,047
Revised Code with the victim being under thirteen years of age 2,049
and that attempted violation is the felony for which sentence is 2,050
being imposed, the court shall impose upon the offender for the 2,051
felony violation a ten-year prison term that cannot be reduced 2,052
pursuant to section 2929.20 or Chapter 2967. or 5120. of the 2,053
Revised Code.
(b) The court imposing a prison term on an offender under 2,056
division (D)(3)(a) of this section may impose an additional 2,057
prison term of one, two, three, four, five, six, seven, eight, 2,058
nine, or ten years, if the court, with respect to the term 2,059
imposed under division (D)(3)(a) of this section and, if 2,060
applicable, divisions (D)(1) and (2) of this section, makes both 2,062
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 2,063
49
this section.
(4) If the offender is being sentenced for a third or 2,065
fourth degree felony OMVI offense under division (G)(2) of 2,066
section 2929.13 of the Revised Code, the sentencing court shall 2,068
impose upon the offender a mandatory prison term in accordance 2,069
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 2,070
prison term of any duration specified in division (A)(3) of this 2,071
section minus the sixty or one hundred twenty days imposed upon 2,072
the offender as the mandatory prison term. The total of the 2,073
additional prison term imposed under division (D)(4) of this 2,074
section plus the sixty or one hundred twenty days imposed as the 2,075
mandatory prison term shall equal one of the authorized prison 2,077
terms specified in division (A)(3) of this section. If the court 2,078
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term 2,079
after the offender has served the mandatory prison term required 2,080
for the offense. The court shall not sentence the offender to a 2,081
community control sanction under section 2929.16 or 2929.17 of 2,082
the Revised Code.
(E)(1) If (a) SUBJECT TO DIVISION (E)(1)(b) OF THIS 2,085
SECTION, IF a mandatory prison term is imposed upon an offender 2,087
pursuant to division (D)(1)(a) of this section for having a 2,088
firearm on or about the offender's person or under the offender's 2,089
control while committing a felony, if a mandatory prison term is 2,091
imposed upon an offender pursuant to division (D)(1)(d)(c) of 2,092
this section for committing a felony specified in that division 2,093
by discharging a firearm from a motor vehicle, or if both types 2,094
of mandatory prison terms are imposed, the offender shall serve 2,095
any mandatory prison term imposed under either division 2,097
consecutively to any other mandatory prison term imposed under 2,098
either division and shall serve all mandatory prison terms 2,099
imposed under those divisions OR UNDER DIVISION (D)(1)(d) OF THIS 2,100
SECTION, consecutively to and prior to any prison term imposed 2,103
50
for the underlying felony pursuant to division (A), (D)(2), or 2,104
(D)(3) of this section or any other section of the Revised Code, 2,105
and consecutively to any other prison term or mandatory prison 2,107
term previously or subsequently imposed upon the offender. 2,108
(b) IF A MANDATORY PRISON TERM IS IMPOSED UPON AN OFFENDER 2,110
PURSUANT TO DIVISION (D)(1)(d) OF THIS SECTION FOR WEARING OR 2,112
CARRYING BODY ARMOR WHILE COMMITTING AN OFFENSE OF VIOLENCE THAT 2,113
IS A FELONY, THE OFFENDER SHALL SERVE THE MANDATORY TERM SO 2,115
IMPOSED CONSECUTIVELY TO ANY OTHER MANDATORY PRISON TERM IMPOSED 2,116
UNDER THAT DIVISION OR UNDER DIVISION (D)(1)(a) OR (c) OF THIS 2,118
SECTION, CONSECUTIVELY TO AND PRIOR TO ANY PRISON TERM IMPOSED
FOR THE UNDERLYING FELONY UNDER DIVISION (A), (D)(2), OR (D)(3) 2,120
OF THIS SECTION OR ANY OTHER SECTION OF THE REVISED CODE, AND 2,121
CONSECUTIVELY TO ANY OTHER PRISON TERM OR MANDATORY PRISON TERM 2,122
PREVIOUSLY OR SUBSEQUENTLY IMPOSED UPON THE OFFENDER. 2,123
(2) If an offender who is an inmate in a jail, prison, or 2,126
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 2,128
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 2,129
offender who is an inmate in a jail, prison, or other residential 2,130
detention facility or is under detention at a detention facility 2,131
commits another felony while the offender is an escapee in 2,133
violation of section 2921.34 of the Revised Code, any prison term 2,135
imposed upon the offender for one of those violations shall be 2,136
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 2,138
committed that offense and to any other prison term previously or 2,139
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of 2,141
division (B) of section 2911.01 of the Revised Code or if a 2,143
prison term is imposed for a felony violation of division (B) of 2,144
section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or 2,146
51
mandatory prison term previously or subsequently imposed upon the 2,147
offender.
(4) If multiple prison terms are imposed on an offender 2,149
for convictions of multiple offenses, the court may require the 2,150
offender to serve the prison terms consecutively if the court 2,151
finds that the consecutive service is necessary to protect the 2,152
public from future crime or to punish the offender and that 2,153
consecutive sentences are not disproportionate to the seriousness 2,154
of the offender's conduct and to the danger the offender poses to 2,156
the public, and if the court also finds any of the following: 2,157
(a) The offender committed the multiple offenses while the 2,160
offender was awaiting trial or sentencing, was under a sanction 2,161
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 2,162
Revised Code, or was under post-release control for a prior 2,163
offense.
(b) The harm caused by the multiple offenses was so great 2,166
or unusual that no single prison term for any of the offenses 2,167
committed as part of a single course of conduct adequately 2,168
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 2,170
demonstrates that consecutive sentences are necessary to protect 2,171
the public from future crime by the offender. 2,172
(5) When consecutive prison terms are imposed pursuant to 2,175
division (E)(1), (2), (3), or (4) of this section, the term to be 2,176
served is the aggregate of all of the terms so imposed. 2,177
(F) If a court imposes a prison term of a type described 2,180
in division (B) of section 2967.28 of the Revised Code, it shall 2,181
include in the sentence a requirement that the offender be 2,182
subject to a period of post-release control after the offender's 2,183
release from imprisonment, in accordance with that division. If 2,184
a court imposes a prison term of a type described in division (C) 2,185
of that section, it shall include in the sentence a requirement 2,186
that the offender be subject to a period of post-release control 2,187
after the offender's release from imprisonment, in accordance 2,188
52
with that division, if the parole board determines that a period 2,189
of post-release control is necessary. 2,190
(G) If a person is convicted of or pleads guilty to a 2,192
sexually violent offense and also is convicted of or pleads 2,193
guilty to a sexually violent predator specification that was 2,194
included in the indictment, count in the indictment, or 2,195
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 2,196
the Revised Code, and Chapter 2971. of the Revised Code applies 2,197
regarding the prison term or term of life imprisonment without 2,198
parole imposed upon the offender and the service of that term of 2,199
imprisonment.
(H) If a person who has been convicted of or pleaded 2,201
guilty to a felony is sentenced to a prison term or term of 2,202
imprisonment under this section, sections 2929.02 to 2929.06 of 2,203
the Revised Code, section 2971.03 of the Revised Code, or any 2,204
other provision of law, section 5120.163 of the Revised Code 2,205
applies regarding the person while the person is confined in a
state correctional institution. 2,206
(I) If an offender who is convicted of or pleads guilty to 2,208
a felony that is an offense of violence also is convicted of or 2,210
pleads guilty to a specification of the type described in section 2,211
2941.142 of the Revised Code that charges the offender with 2,212
having committed the felony while participating in a criminal 2,213
gang, the court shall impose upon the offender an additional 2,214
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 2,216
aggravated murder, murder, or a felony of the first, second, or 2,218
third degree that is an offense of violence also is convicted of 2,219
or pleads guilty to a specification of the type described in 2,220
section 2941.143 of the Revised Code that charges the offender 2,222
with having committed the offense in a school safety zone or 2,224
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 2,225
53
offender shall serve the additional two years consecutively to 2,226
and prior to the prison term imposed for the underlying offense. 2,227
(K) At the time of sentencing, the court shall determine 2,229
if an offender is eligible for placement in a program of shock 2,230
incarceration under section 5120.031 of the Revised Code or is 2,231
eligible for placement in an intensive program prison under 2,232
section 5120.032 of the Revised Code. The court may recommend
the offender for placement in a program of shock incarceration, 2,233
if eligible, or for placement in an intensive program prison, if 2,234
eligible, disapprove placement of the offender in a program of 2,235
shock incarceration or in an intensive program prison, regardless 2,236
of eligibility, or make no recommendation on placement of the 2,237
offender.
If the court disapproves placement of the offender in a 2,239
program or prison of that nature, the department of 2,240
rehabilitation and correction shall not place the offender in any 2,241
program of shock incarceration or intensive program prison. 2,242
If the court approves placement of the offender in a 2,244
program of shock incarceration or in an intensive program prison, 2,245
the department shall notify the court if the offender is 2,246
subsequently placed in the recommended program or prison and 2,247
shall include with the notice a brief description of the
placement.
If the court approves placement of the offender in a 2,249
program of shock incarceration or in an intensive program prison 2,250
and the department does not subsequently place the offender in 2,251
the recommended program or prison, the department shall send a 2,252
notice to the court indicating why the offender was not placed in 2,253
the recommended program or prison.
If the court does not make a recommendation under this 2,255
division with respect to an eligible offender, the department 2,256
shall screen the offender and determine if there is an available 2,257
program of shock incarceration or an intensive program prison for 2,258
which the offender is suited. If there is an available program 2,259
54
of shock incarceration or an intensive program prison for which 2,260
the offender is suited, the department shall notify the court of
the proposed placement of the offender and shall include with the 2,261
notice a brief description of the placement. The court shall 2,262
have ten days from receipt of the notice to disapprove the 2,263
placement.
Sec. 2941.1411. (A) IMPOSITION OF A TWO-YEAR MANDATORY 2,266
PRISON TERM UPON AN OFFENDER UNDER DIVISION (D)(1)(d) OF SECTION 2,268
2929.14 OF THE REVISED CODE IS PRECLUDED UNLESS THE INDICTMENT, 2,269
COUNT IN THE INDICTMENT, OR INFORMATION CHARGING THE OFFENSE
SPECIFIES THAT THE OFFENDER WORE OR CARRIED BODY ARMOR WHILE 2,271
COMMITTING THE OFFENSE AND THAT THE OFFENSE IS AN OFFENSE OF
VIOLENCE THAT IS A FELONY. THE SPECIFICATION SHALL BE STATED AT 2,272
THE END OF THE BODY OF THE INDICTMENT, COUNT, OR INFORMATION AND 2,273
SHALL BE STATED IN SUBSTANTIALLY THE FOLLOWING FORM: 2,274
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 2,277
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING 2,278
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 2,279
(SET FORTH THAT THE OFFENDER WORE OR CARRIED BODY ARMOR WHILE 2,280
COMMITTING THE SPECIFIED OFFENSE AND THAT THE SPECIFIED OFFENSE 2,281
IS AN OFFENSE OF VIOLENCE THAT IS A FELONY)." 2,282
(B) AS USED IN THIS SECTION, "BODY ARMOR" MEANS ANY VEST, 2,284
HELMET, SHIELD, OR SIMILAR ITEM THAT IS DESIGNED OR SPECIFICALLY 2,286
CARRIED TO DIMINISH THE IMPACT OF A BULLET OR PROJECTILE UPON THE 2,287
OFFENDER'S BODY. 2,288
Section 2. That existing sections 2151.355, 2151.62, 2,290
2929.01, 2929.13, and 2929.14 of the Revised Code are hereby 2,291
repealed. 2,292
Section 3. Section 2929.01 of the Revised Code is 2,294
presented in this act as a composite of the section as amended by 2,295
Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the 123rd 2,296
General Assembly, with the new language of none of the acts shown 2,297
in capital letters. Section 2929.13 of the Revised Code is 2,298
presented in this act as a composite of the section as amended by 2,299
55
Am. Sub. S.B. 22, Am. Sub. S.B. 107 and Am. S.B. 142 of the 123rd 2,300
General Assembly, with the new language of none of the acts shown 2,301
in capital letters. Section 2929.14 of the Revised Code is 2,302
presented in this act as a composite of the section as amended by 2,303
Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd General 2,304
Assembly, with the new language of none of the acts shown in
capital letters. This is in recognition of the principle stated 2,306
in division (B) of section 1.52 of the Revised Code that such 2,307
amendments are to be harmonized where not substantively 2,308
irreconcilable and constitutes a legislative finding that such is 2,309
the resulting version in effect prior to the effective date of 2,310
this act.